[00:00.000 --> 00:08.000]  Canada has taken a major step towards eliminating cash.
[00:08.000 --> 00:10.000]  I'm Dr. Catherine Albrecht.
[00:10.000 --> 00:16.000]  In a moment, I'll tell you how Canada's government is setting the stage for total purchase tracking next.
[00:16.000 --> 00:18.000]  Privacy is under attack.
[00:18.000 --> 00:22.000]  When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.000 --> 00:32.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[00:32.000 --> 00:34.000]  Privacy, it's worth hanging on to.
[00:34.000 --> 00:42.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:45.000]  Start over with StartPage.
[00:45.000 --> 00:51.000]  A penny for your thoughts, or how did I just predict them from your digital transaction record?
[00:51.000 --> 01:00.000]  Such mind reading may soon be possible in Canada, where officials are removing one cent coins from circulation, with other coins scheduled to follow.
[01:00.000 --> 01:07.000]  The media says Canadians are ready to dump cash and switch to government-issued digital cards instead, but not so fast.
[01:07.000 --> 01:14.000]  Cash lets people do business without leaving an electronic trail for big marketers and big governments to spy on.
[01:14.000 --> 01:23.000]  Once bureaucrats eliminate the sound of coins jingling in your pocket, the next sound you hear may be Big Brother's jackboots stomping on your right to privacy.
[01:23.000 --> 01:28.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:36.000 --> 01:40.000]  The Magic Castle is now officially off my list of go-to interactions.
[01:40.000 --> 01:47.000]  I'm Dr. Catherine Albrecht and I'll be back to tell you why Disney theme parks have gone from cheery to creepy in a moment.
[02:10.000 --> 02:26.000]  Disney World has lots of spooky attractions like the Tower of Terror and the Haunted Mansion, but they're planning something that sends a real chill down my spine.
[02:26.000 --> 02:30.000]  RFID spy chips to track visitors every move.
[02:30.000 --> 02:34.000]  Disney is testing guest bracelets embedded with tiny microchips.
[02:34.000 --> 02:42.000]  These interact with readers hidden around the park to secretly identify, profile and track you as you walk around, recording your every move.
[02:42.000 --> 02:50.000]  Disney says guests can use the new Magic wristbands to interact with attractions and to buy things cashlessly with the wave of a wrist.
[02:50.000 --> 02:55.000]  Magic wristbands, to me, these sound more like total surveillance handcuffs.
[02:55.000 --> 03:04.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[03:25.000 --> 03:34.000]  All right folks, good evening. This is the Friday Night Rule of Law radio show.
[03:34.000 --> 03:40.000]  This is Eddie Craig with Randy Kelton, Deborah Stevens. This is our four hour info marathon night of the week.
[03:40.000 --> 03:47.000]  It is our, I'm sorry, September 3rd, or I'm sorry, August 3rd. I'm in the wrong time zone here.
[03:47.000 --> 03:51.000]  I'm playing Randy tonight. I've been dipping into his beer fund obviously.
[03:51.000 --> 04:00.000]  August 3rd, 2012. We are trying to figure out what we're going to discuss tonight since we have so many viable options these days.
[04:00.000 --> 04:03.000]  It's really hard to just pick and choose.
[04:03.000 --> 04:10.000]  I was doing some research on California law and I came across something very interesting.
[04:10.000 --> 04:13.000]  I'd like to run it by you and kind of get your opinion.
[04:13.000 --> 04:17.000]  All right, just run it slow. I'm too fat to catch it right now.
[04:17.000 --> 04:26.000]  Yeah, that's why I always talk so slowly. It seems like every time I see you, I wind up talking even slower.
[04:26.000 --> 04:31.000]  That's because of what you take before you get here, not because of me.
[04:31.000 --> 04:51.000]  Okay, I was doing some research on securitization and I came across this kind of smartsy mouth post by some Jackass lawyer in California that said these people offering these options,
[04:51.000 --> 05:05.000]  raising issues about the bank or the lender not filing an assignment of the deed of trust in the court record.
[05:05.000 --> 05:24.000]  In California was frivolous because the courts have ruled that in California the statutes that require the filing of a mortgage don't apply to a deed of trust.
[05:24.000 --> 05:43.000]  Consider the ramifications. California is a non-judicial state and so in a non-judicial state they have what they call a deed of trust.
[05:43.000 --> 06:02.000]  And what a deed of trust is, is a document that transfers the beneficial interest in the property from the borrower to the lender.
[06:02.000 --> 06:09.000]  And then it adds to it a confess judgment.
[06:09.000 --> 06:26.000]  Now in every state where there is no deed of trust, they have what they call a mortgage and a mortgage transfers the property directly to the lender.
[06:26.000 --> 06:34.000]  So my question is, what is the difference?
[06:34.000 --> 06:40.000]  It was the intent of the legislature in California, this California law is over 100 years old.
[06:40.000 --> 06:46.000]  And at that time there were no deeds of trust, there were only mortgages.
[06:46.000 --> 06:57.000]  And at the time a mortgage was a document that transferred benefits of interest of the property to the lender.
[06:57.000 --> 07:09.000]  Well that is precisely what a deed of trust does. It transfers beneficial interest of the property to the lender in the custody of a trustee.
[07:09.000 --> 07:18.000]  The only difference between a mortgage and a deed of trust in that regard is that the trustee holds the property, not the lender.
[07:18.000 --> 07:28.000]  And actually the way that the documents are actually structured, it's really not a deed of trust but a mortgage.
[07:28.000 --> 07:53.000]  But for the court to say that because you called this deed of trust instead of mortgage with confessed judgment, that the 100 year old law that applies to this exact issue no longer applies.
[07:53.000 --> 08:05.000]  So if you purchase property in California, you cannot expect quiet title.
[08:05.000 --> 08:14.000]  You can expect that the title is clouded by unreported holders.
[08:14.000 --> 08:19.000]  And the courts have said they don't have to bother to report there.
[08:19.000 --> 08:27.000]  They're not interested in the property. So now there's no way for you to determine if there is a claim against the property.
[08:27.000 --> 08:34.000]  You can't tell if the original lender for instance has gone out of business.
[08:34.000 --> 08:40.000]  And they haven't reported the assignment of the deed of trust.
[08:40.000 --> 08:46.000]  You have no idea who holds interest in your property. You have no way of knowing.
[08:46.000 --> 08:53.000]  Because now all of that information belongs to whoever holds it.
[08:53.000 --> 09:01.000]  It's private information belonging to those businesses and it's not part of public record.
[09:01.000 --> 09:08.000]  So as far as California is concerned, there is no quiet title.
[09:08.000 --> 09:25.000]  Thanks to your corrupt judges, now they've made it so anyone who violates who invests in real property in California has to be out of his financial mind.
[09:25.000 --> 09:32.000]  Because he could have no idea when someone is going to come and claim they hold the deed of trust.
[09:32.000 --> 09:39.000]  Even if somebody else has already claimed to enforce the deed of trust, there's making a difference.
[09:39.000 --> 09:48.000]  They come up with an assignment that was done in private. They can exert it and they can do this forever.
[09:48.000 --> 09:59.000]  But this goes to what constitutes emotion or illegal action.
[09:59.000 --> 10:08.000]  I was in court with Robert Fox and sometimes his documents were rather rambling and somewhat incoherent.
[10:08.000 --> 10:15.000]  And the prosecutor was holding up these motions. He'd pull up this motion and he'd say,
[10:15.000 --> 10:20.000]  I'm not sure what this motion is. He would say what the title was.
[10:20.000 --> 10:33.000]  But it appears to be asking for this. So let's call it this. It didn't make any difference what Robert tied with the motion.
[10:33.000 --> 10:39.000]  The only thing that made any difference was what the motion asked for.
[10:39.000 --> 10:50.000]  If I file a challenge to subject matter jurisdiction and I call it a challenge to impersonal jurisdiction,
[10:50.000 --> 11:05.000]  at least in Texas, I'm certain, I don't have it on top of my head, but we have case law that says that the title of the document is not relevant to the content of the document.
[11:05.000 --> 11:13.000]  If the content of the document is at odds with the title, then the document would be considered based on the content.
[11:13.000 --> 11:17.000]  But apparently in California, that's not the case.
[11:17.000 --> 11:29.000]  You can take a deed of trust or take a mortgage and call it a deed of trust and it falls outside the reporting requirements.
[11:29.000 --> 11:36.000]  I'm looking at filing a Schwibner's request.
[11:36.000 --> 11:43.000]  A Schwibner's request is similar to a Nunn's pro-talk.
[11:43.000 --> 11:52.000]  If you file a Nunn's pro-talk, that's really says, I filed this document and it had these errors in it.
[11:52.000 --> 12:00.000]  It could be errors in legal argument, it could have the wrong argument, you could have filed the wrong document.
[12:00.000 --> 12:06.000]  Maybe you filed a, got a draft instead of the latest document.
[12:06.000 --> 12:11.000]  So instead of filing an amended pleading, you just go in and correct it.
[12:11.000 --> 12:22.000]  I just looked at one the other day and they had filed a Schwibner's request to the clerk to change the property description in the deed of trust.
[12:22.000 --> 12:25.000]  They had gotten the wrong property description in it.
[12:25.000 --> 12:29.000]  They filed a Schwibner's request to change it.
[12:29.000 --> 12:51.000]  The Schwibner's request to change the deed of trust to a mortgage with other stuff in it or a wishy-washy document that seems to apply to documents in the real county, the county record.
[12:51.000 --> 12:56.000]  Do that in the alternative.
[12:56.000 --> 13:03.000]  Point being, the document is what the document is, they're making a difference or call it.
[13:03.000 --> 13:14.000]  The document proclaims what it proclaims and in this case, the deed of trust does exactly the same thing as a mortgage.
[13:14.000 --> 13:21.000]  So it walks very much like a mortgage and it clocks very much like a mortgage.
[13:21.000 --> 13:27.000]  So, but in California, it's not a mortgage.
[13:27.000 --> 13:33.000]  So good luck if you have property in California.
[13:33.000 --> 13:35.000]  Sounds real handy.
[13:35.000 --> 13:55.000]  That was what's your opinion on calling a deed of trust something other than a mortgage so that the filing of the deed of trust doesn't have to abide by the very purpose of the county registrar's office.
[13:55.000 --> 13:58.000]  Legislating from the beach?
[13:58.000 --> 14:05.000]  No, county registrar's office. Oh, when I called that, I would call that absolute.
[14:05.000 --> 14:07.000]  There's legislating from the beach.
[14:07.000 --> 14:26.000]  The legislature created the county registrar's office for the purpose of making it possible for people to purchase property in the state and be certain of quiet title.
[14:26.000 --> 14:46.000]  In Texas, if you make a claim against real property and that claim has not been filed with the county registrar's office, that claim is void.
[14:46.000 --> 14:52.000]  Now, I haven't had time to search out California law in this respect.
[14:52.000 --> 15:02.000]  But I am going to bet that there is law in California that separates the same thing.
[15:02.000 --> 15:11.000]  Well, I mean, that was the purpose in the day when you would state claims for gold mines and panning and farming and ranching and all that when you would have to file a claim.
[15:11.000 --> 15:21.000]  If you didn't file a claim delineating and marking the land so that they could get a proper boundary location, then anyone could come up and file an actual claim.
[15:21.000 --> 15:26.000]  And their actual claim would supersede your pretend claim.
[15:26.000 --> 15:28.000]  Exactly.
[15:28.000 --> 15:37.000]  So I looked at the case to see if there was something mitigating.
[15:37.000 --> 15:42.000]  And the case just doesn't make sense.
[15:42.000 --> 16:03.000]  The court is saying that since this is a deed of trust and not a mortgage and that the law that requires a mortgage to be filed doesn't apply to the deed of trust.
[16:03.000 --> 16:11.000]  So I was thinking maybe there was some mitigating circumstance in there, but I couldn't find it.
[16:11.000 --> 16:34.000]  Well, I'm going to bet that what the court did was simply say that the holder of the deed of trust or the assignee is not required to file a mortgage.
[16:34.000 --> 16:41.000]  But if I do my homework, we will find that if he does it, he doesn't have a claim.
[16:41.000 --> 16:46.000]  This is Ray McClark, and this is our four hour info marathon.
[16:46.000 --> 16:50.000]  Don't wait till the last minute if Jim begins to build up.
[16:50.000 --> 16:53.000]  If you have a question or comment, give us a call.
[16:53.000 --> 16:56.000]  512-666-1984.
[16:56.000 --> 17:01.000]  We'll be right back.
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[19:39.000 --> 19:55.000]  So I sit back and I watch the evidence unfold, and I see justice is the door, yeah, justice.
[19:55.000 --> 20:00.000]  Alright folks, we are back. This is Rule of Law Radio.
[20:00.000 --> 20:08.000]  Alright Randy, well that was all interesting stuff as far as the mortgage note and all that from past and present goes.
[20:08.000 --> 20:17.000]  But I really don't see that there's much of an end to what is going on today.
[20:17.000 --> 20:24.000]  They're not leaving us a whole lot of choice to make reasonable resolution out of anything at the moment.
[20:24.000 --> 20:29.000]  Everything that we would try to do to peacefully resolve the issues they put us into,
[20:29.000 --> 20:35.000]  they're, you know, making it harder and harder to return to deal with.
[20:35.000 --> 20:44.000]  I believe it was Kennedy who said he who makes peaceful resolution impossible makes violent revolution inevitable.
[20:44.000 --> 20:52.000]  And they're really making it where they're not going to leave us a lot of ways to go.
[20:52.000 --> 20:57.000]  Well, we're not there yet. We still have some tools to use.
[20:57.000 --> 21:03.000]  It's definitely time people in California started using the criminal aspect.
[21:03.000 --> 21:09.000]  And I have a couple of people who are engaging that as we speak.
[21:09.000 --> 21:15.000]  We have one individual that sued, and he was up to date on his mortgage.
[21:15.000 --> 21:28.000]  He did the NFDPA suit, requesting that the entity claiming authority to collect on the note proved that he had that authority.
[21:28.000 --> 21:33.000]  And the judge did, this was, he filed it in a state court for some reason.
[21:33.000 --> 21:36.000]  I don't even remember why he did that.
[21:36.000 --> 21:40.000]  But the other side didn't remove.
[21:40.000 --> 21:43.000]  So they accepted the state jurisdiction.
[21:43.000 --> 21:51.000]  And the judge denied the FDCPA claim dismissed it with prejudice.
[21:51.000 --> 22:05.000]  It was the only claim in the suit and ordered the guy to refile with stipulation concerning the mortgage.
[22:05.000 --> 22:10.000]  So he got the notice of the order and we looked at it.
[22:10.000 --> 22:12.000]  He said, what should I do?
[22:12.000 --> 22:20.000]  Well, you should charge the judge with sedition and official oppression.
[22:20.000 --> 22:24.000]  Official oppression in that he denied you in your remedy.
[22:24.000 --> 22:26.000]  He denied you access to the courts.
[22:26.000 --> 22:30.000]  And under the Constitution, that's called outlawing.
[22:30.000 --> 22:32.000]  And that is forbidden.
[22:32.000 --> 22:38.000]  In common law days, if you were ordered to come before a court and you refused,
[22:38.000 --> 22:45.000]  or if a court gave you direct orders to do certain things and you didn't do what the court told you to,
[22:45.000 --> 22:49.000]  they could declare you an outlaw.
[22:49.000 --> 22:51.000]  Now, that's not declaring you a criminal.
[22:51.000 --> 23:02.000]  It's declaring you outside the law so that you cannot come to the law for remedy.
[23:02.000 --> 23:07.000]  Once you're declared outside the law, anyone can do anything to you they want to.
[23:07.000 --> 23:08.000]  They can steal from you.
[23:08.000 --> 23:09.000]  They can shoot you.
[23:09.000 --> 23:11.000]  They can do whatever they want to.
[23:11.000 --> 23:16.000]  And you can't raise a complaint in law.
[23:16.000 --> 23:23.000]  So when our founders wrote our Constitution, they absolutely forbade that practice.
[23:23.000 --> 23:28.000]  Well, this is precisely what the judges are doing.
[23:28.000 --> 23:35.000]  When you file an issue with the court and the court refuses to rule on the issue,
[23:35.000 --> 23:43.000]  that sets you outside the law, denies you in your remedy, and that's outlawing.
[23:43.000 --> 23:56.000]  And the state judge acted to nullify federal law and thereby underlimined the laws of the United States.
[23:56.000 --> 23:59.000]  And that is not treason.
[23:59.000 --> 24:01.000]  A lot of these guys like to call it treason.
[24:01.000 --> 24:02.000]  It is not treason.
[24:02.000 --> 24:07.000]  Treason is armed insurrection against the government.
[24:07.000 --> 24:12.000]  Sedition is undermining the government.
[24:12.000 --> 24:19.000]  And that's exactly what he did, but nullifying laws passed by the federal government.
[24:19.000 --> 24:27.000]  Now, he had as a state judge, since there was a federal issue brought in his court,
[24:27.000 --> 24:29.000]  he could hear the issue.
[24:29.000 --> 24:35.000]  He didn't dismiss the case for lack of subject matter jurisdiction.
[24:35.000 --> 24:38.000]  He entered a substantive ruling.
[24:38.000 --> 24:43.000]  Now, the judge enters a substantive ruling.
[24:43.000 --> 24:45.000]  They've taken jurisdiction in the case.
[24:45.000 --> 24:59.000]  We had a case a while back where a federal judge dismissed a claim with prejudice for lack of subject matter jurisdiction.
[24:59.000 --> 25:07.000]  Well, you may be able to dismiss the case for lack of subject matter jurisdiction,
[25:07.000 --> 25:15.000]  but you can't dismiss with prejudice because the with prejudice part is a substantive ruling.
[25:15.000 --> 25:23.000]  And if you don't have subject matter jurisdiction, you can only dismiss.
[25:23.000 --> 25:26.000]  You cannot add a stipulation.
[25:26.000 --> 25:37.000]  But in this case, he dismissed with prejudice and didn't state why we requested finding the factor conclusions of law.
[25:37.000 --> 25:46.000]  And the court, the clerk refused to file it claiming that it wasn't a motion.
[25:46.000 --> 25:48.000]  So she could, she refused to file it.
[25:48.000 --> 25:49.000]  It's okay.
[25:49.000 --> 25:51.000]  No problem.
[25:51.000 --> 25:56.000]  We filed a judicial conduct complaint against the judge bar grievance against the attorney.
[25:56.000 --> 26:01.000]  And now we're crafting criminal charges against the judge to file a mistake court.
[26:01.000 --> 26:03.000]  We start running the routine on the judge.
[26:03.000 --> 26:20.000]  It is not only time, it's way past time that we started taking these shysters scoundrels to the criminal courts in California.
[26:20.000 --> 26:24.000]  California has an excellent grand jury system.
[26:24.000 --> 26:31.000]  I understand that the prosecutor has done everything he can to commandeer it,
[26:31.000 --> 26:38.000]  but California have the tools to do something about it.
[26:38.000 --> 26:44.000]  If we don't start using those tools, we're not going to have any options.
[26:44.000 --> 26:55.000]  And before we start using the armed option, I, for one, totally again starting to conflict.
[26:55.000 --> 27:00.000]  Being there, I can tell you, it's not always grand up to be.
[27:00.000 --> 27:04.000]  And even the winner leases.
[27:04.000 --> 27:09.000]  That's just too expensive.
[27:09.000 --> 27:14.000]  It tends to expend young lives rather than old lives.
[27:14.000 --> 27:19.000]  And if these lives should be expended in those kinds of endeavors,
[27:19.000 --> 27:27.000]  it should be the old ones who created the problem, not the young ones who don't have anything to do with it.
[27:27.000 --> 27:28.000]  Well, I agree.
[27:28.000 --> 27:34.000]  They should be the first ones lined up and marched over the hills, so to speak.
[27:34.000 --> 27:39.000]  That's my story and I'm sticking to it.
[27:39.000 --> 27:47.000]  Those that operate as the powers that be have a really narrow point of view of the world.
[27:47.000 --> 27:54.000]  They're looking at everything as if somehow they have an inherent right to anything and everything in existence,
[27:54.000 --> 28:10.000]  because if that somehow is a birthright for them, like they were born royalty or something, and the decisions they make are to be accepted by the rest of us unquestioningly and taken as the gospel.
[28:10.000 --> 28:14.000]  Well, folks, if we allow that to happen, we're not living in a free country.
[28:14.000 --> 28:17.000]  We're living in an elitist society.
[28:17.000 --> 28:21.000]  We're not living in a free society.
[28:21.000 --> 28:22.000]  What was that, Randy?
[28:22.000 --> 28:32.000]  Yeah, it goes back to that quote I mentioned the other night by H.G. Wells, the giver of the law of most those, the law of leeches.
[28:32.000 --> 28:42.000]  He of all beings should behave as though the law compels him, but it is the universal failing of mankind at what we are given to administer.
[28:42.000 --> 28:48.000]  We promptly presume we own that it's precisely what the judges are doing.
[28:48.000 --> 28:56.000]  And we are the ones who have the duty to take them to task.
[28:56.000 --> 29:04.000]  If we sit back and watch this happen, we earn what we get.
[29:04.000 --> 29:17.000]  If we're waiting for somebody else to stand up and exert law for our benefit, we're likely to have a long wait.
[29:17.000 --> 29:21.000]  If we don't stand up and do what it's going to.
[29:21.000 --> 29:24.000]  And most people don't do it because they're afraid of the system.
[29:24.000 --> 29:28.000]  It's not as bad as it appears.
[29:28.000 --> 29:33.000]  We have more influence than we realize.
[29:33.000 --> 29:37.000]  And when we start taking these people on, we really do get their attention.
[29:37.000 --> 29:47.000]  This is Randy Kelton, Deputy Secretary Craig with the radio. Our call-in number is 512-606-1984.
[29:47.000 --> 30:00.000]  Give us a call. This is our four-hour info marathon. We will be right back from the other side.
[30:00.000 --> 30:06.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[30:06.000 --> 30:08.000]  And it says that fire brought it down.
[30:08.000 --> 30:13.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[30:13.000 --> 30:16.000]  Over 6,000 of my fellow service members have given their lives.
[30:16.000 --> 30:18.000]  And thousands of my fellow force respondents have died.
[30:18.000 --> 30:20.000]  I'm not a conspiracy theorist.
[30:20.000 --> 30:21.000]  I'm a structural engineer.
[30:21.000 --> 30:22.000]  I'm a New York City correction officer.
[30:22.000 --> 30:23.000]  I'm an Air Force pilot.
[30:23.000 --> 30:25.000]  I'm a father who lost his son.
[30:25.000 --> 30:26.000]  We're Americans.
[30:26.000 --> 30:27.000]  And we deserve the truth.
[30:27.000 --> 30:31.000]  Go to RememberBuilding7.org today.
[30:31.000 --> 30:37.000]  HempUSA.org has moved and expanded its operations for faster worldwide shipping.
[30:37.000 --> 30:42.000]  Our product line has grown from five to nearly 100 items in less than five years.
[30:42.000 --> 30:47.000]  Our food has grown naturally, always chemical free, not found in stores.
[30:47.000 --> 30:51.000]  Great for daily intake and perfect for your emergency storage shelter.
[30:51.000 --> 31:01.000]  Call 908-6912608 or visit hempusa.org and see what our powders, sieves, and oil can do for you.
[31:01.000 --> 31:07.000]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy.
[31:07.000 --> 31:10.000]  And neither is finding like-minded people to share it with.
[31:10.000 --> 31:13.000]  Oh, well, I guess you haven't heard of Brave New Books then.
[31:13.000 --> 31:14.000]  Brave New Books?
[31:14.000 --> 31:15.000]  Yes.
[31:15.000 --> 31:19.000]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[31:19.000 --> 31:21.000]  Ron Paul, Angie Edward Griffin.
[31:21.000 --> 31:25.000]  They even stock inner food, Berkey products, and Calvin Soaps.
[31:25.000 --> 31:27.000]  There's no way a place like that exists.
[31:27.000 --> 31:29.000]  Go check it out for yourself.
[31:29.000 --> 31:33.000]  It's downtown in 1904 Guadalupe Street, just south of UT.
[31:33.000 --> 31:34.000]  Oh, by UT?
[31:34.000 --> 31:36.000]  There's never anywhere to park down there.
[31:36.000 --> 31:42.000]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility,
[31:42.000 --> 31:44.000]  just behind the bookstore.
[31:44.000 --> 31:47.000]  It does exist, but when are they open?
[31:47.000 --> 31:52.000]  Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays.
[31:52.000 --> 31:56.000]  So get them a call at 512-480-2503,
[31:56.000 --> 32:01.000]  or check out their events page at bravenewbookstore.com.
[32:01.000 --> 32:06.000]  Yeah, I got that one rent.
[32:06.000 --> 32:12.000]  And I'm gonna solve them to the end of the month then.
[32:12.000 --> 32:30.000]  Alright folks, we are back. This is Rule of Law Radio.
[32:30.000 --> 32:32.000]  Randy's getting a little bit of tired.
[32:32.000 --> 32:34.000]  His pet juice is running down on him,
[32:34.000 --> 32:37.000]  so I'm gonna give him a break for a minute and let him go get some.
[32:37.000 --> 32:39.000]  And while we're figuring that out,
[32:39.000 --> 32:42.000]  we are gonna take the first caller on the board,
[32:42.000 --> 32:48.000]  and by the way, folks, the calling number is 512-646-1984.
[32:48.000 --> 32:52.000]  We do have three and a half hours of airtime to fill,
[32:52.000 --> 32:55.000]  so let's start getting on the board and making phone calls.
[32:55.000 --> 32:57.000]  Let's get some stuff rolling here.
[32:57.000 --> 33:01.000]  Now we're gonna go to Crystal in Nevada. Crystal, what can we do for you?
[33:01.000 --> 33:03.000]  Well, yeah, this is kind of different.
[33:03.000 --> 33:05.000]  I was just wondering if there is a procedure
[33:05.000 --> 33:09.000]  for when policemen just stop you for walking on the sidewalk.
[33:09.000 --> 33:13.000]  It might go along with the so-called checkpoint
[33:13.000 --> 33:15.000]  and how you're supposed to keep them.
[33:15.000 --> 33:17.000]  They're just looking for trouble.
[33:17.000 --> 33:19.000]  How to keep them from searching your backpack
[33:19.000 --> 33:22.000]  or searching your vehicle or whatever your car.
[33:22.000 --> 33:26.000]  What is your statement of alleged probable cause?
[33:26.000 --> 33:28.000]  Now does that have to be done at the time?
[33:28.000 --> 33:29.000]  I'll tell you what happened.
[33:29.000 --> 33:31.000]  My grandson was walking home one evening with a friend,
[33:31.000 --> 33:35.000]  and he's 18, and he was stopped and searched,
[33:35.000 --> 33:37.000]  and of course they found a pipe.
[33:37.000 --> 33:39.000]  I know they were looking for more than that,
[33:39.000 --> 33:42.000]  and so now he's up on a drug paraphernalia charge,
[33:42.000 --> 33:44.000]  which here is a misdemeanor.
[33:44.000 --> 33:45.000]  It's not...
[33:45.000 --> 33:48.000]  Okay, well, he should file a motion to suppress the evidence
[33:48.000 --> 33:52.000]  and make the claim that the search and seizure was illegal.
[33:52.000 --> 33:56.000]  There was no probable cause. There was no warrant.
[33:56.000 --> 33:57.000]  Okay.
[33:57.000 --> 34:02.000]  There was no such thing in any state of the union as stop and frisk.
[34:02.000 --> 34:04.000]  That's what they did.
[34:04.000 --> 34:06.000]  Well, that's what makes it illegal.
[34:06.000 --> 34:11.000]  Okay, so he files a motion to suppress for...
[34:11.000 --> 34:14.000]  Motion to suppress evidence, which will be the pipe
[34:14.000 --> 34:17.000]  and anything else that they're trying to use against him.
[34:17.000 --> 34:18.000]  Okay.
[34:18.000 --> 34:21.000]  And he will make the claim that the search
[34:21.000 --> 34:24.000]  was an illegal search and seizure.
[34:24.000 --> 34:28.000]  There was no warrant. There was no probable cause.
[34:28.000 --> 34:29.000]  Okay.
[34:29.000 --> 34:36.000]  And any evidence subsequently found is a fruit of a poison tree.
[34:36.000 --> 34:38.000]  I'm sorry, what did you say?
[34:38.000 --> 34:42.000]  I said, the doctrine is that any evidence found,
[34:42.000 --> 34:46.000]  discovered by a police officer while acting...
[34:46.000 --> 34:49.000]  I'm sorry.
[34:49.000 --> 34:50.000]  I'm sorry.
[34:50.000 --> 34:53.000]  I think I swallowed a bug.
[34:53.000 --> 34:57.000]  A police officer acts without probable cause.
[34:57.000 --> 35:01.000]  Any evidence he discovers is fruit of a poison tree.
[35:01.000 --> 35:02.000]  Okay.
[35:02.000 --> 35:07.000]  And may not be used even if he illegally searches the car
[35:07.000 --> 35:10.000]  and finds dead bodies in the truck.
[35:10.000 --> 35:11.000]  Okay.
[35:11.000 --> 35:13.000]  He cannot use the evidence.
[35:13.000 --> 35:18.000]  He cannot search the bodies and find evidence on the bodies
[35:18.000 --> 35:21.000]  that leads him to other evidence and use that
[35:21.000 --> 35:25.000]  because that is also fruit of a poison tree.
[35:25.000 --> 35:26.000]  Okay.
[35:26.000 --> 35:31.000]  And it's better if you sting the officer good
[35:31.000 --> 35:34.000]  over something minor like this
[35:34.000 --> 35:38.000]  rather than have him actually stop a really bad guy.
[35:38.000 --> 35:40.000]  Do something really stupid
[35:40.000 --> 35:43.000]  and wind up with a bad guy going back on the street.
[35:43.000 --> 35:46.000]  It's your job to train the policemen.
[35:46.000 --> 35:49.000]  I agree. Okay.
[35:49.000 --> 35:52.000]  But if you want to train him correctly,
[35:52.000 --> 35:55.000]  take his toys.
[35:55.000 --> 35:59.000]  Sue him for the illegal search and the illegal seizure
[35:59.000 --> 36:02.000]  and the false imprisonment he committed
[36:02.000 --> 36:07.000]  by stopping the boy in the first place.
[36:07.000 --> 36:12.000]  Sue the cop directly and everybody above the cop
[36:12.000 --> 36:14.000]  for the cop's actions.
[36:14.000 --> 36:17.000]  Make them put their heel down on their employees
[36:17.000 --> 36:21.000]  to conduct themselves properly.
[36:21.000 --> 36:24.000]  Was the officer a municipal police officer
[36:24.000 --> 36:26.000]  or a sheriff's deputy?
[36:26.000 --> 36:28.000]  Well, we're kind of mixed here.
[36:28.000 --> 36:29.000]  We don't have deputies.
[36:29.000 --> 36:30.000]  We have a sheriff,
[36:30.000 --> 36:34.000]  but he is over the Las Vegas Metropolitan Police.
[36:34.000 --> 36:35.000]  It's a blended...
[36:35.000 --> 36:36.000]  Okay.
[36:36.000 --> 36:37.000]  And I'm not even...
[36:37.000 --> 36:40.000]  It's not a municipal police department at the end.
[36:40.000 --> 36:42.000]  You're in Las Vegas?
[36:42.000 --> 36:43.000]  Yeah.
[36:43.000 --> 36:44.000]  Oh, okay.
[36:44.000 --> 36:45.000]  So that's going to be Campbell County.
[36:45.000 --> 36:48.000]  That's going to be Sheriff's Department.
[36:48.000 --> 36:51.000]  So, Sue the county commissioners.
[36:51.000 --> 36:53.000]  Be happy to.
[36:53.000 --> 36:58.000]  The officer, the sheriff, the county commissioners,
[36:58.000 --> 37:01.000]  all the way up to the governor at least.
[37:01.000 --> 37:06.000]  If you want someone who has seemingly nothing to do with this
[37:06.000 --> 37:10.000]  to have to answer questions they don't want to answer
[37:10.000 --> 37:13.000]  and you want them to be as high up the food chain
[37:13.000 --> 37:15.000]  as you can get them.
[37:15.000 --> 37:17.000]  Because in the real world we live in,
[37:17.000 --> 37:21.000]  big fish eat little fish.
[37:21.000 --> 37:23.000]  That's just how it works.
[37:23.000 --> 37:27.000]  The policeman on the street is a very little fish.
[37:27.000 --> 37:28.000]  Right.
[37:28.000 --> 37:30.000]  And we start going after the big fish
[37:30.000 --> 37:34.000]  because you are in fact the biggest of the fish.
[37:34.000 --> 37:36.000]  You are the sovereign.
[37:36.000 --> 37:40.000]  Sometimes sovereigns are timid
[37:40.000 --> 37:42.000]  and don't realize they're the biggest fish.
[37:42.000 --> 37:43.000]  Right.
[37:43.000 --> 37:45.000]  But you don't see them.
[37:45.000 --> 37:47.000]  My question says, oh, well, you know,
[37:47.000 --> 37:48.000]  I'll probably just have to get a fine
[37:48.000 --> 37:50.000]  and have to do community service.
[37:50.000 --> 37:53.000]  And I said, there was no cause for any of this.
[37:53.000 --> 37:56.000]  I'm trying to teach him, you know, not to put up with this.
[37:56.000 --> 38:00.000]  He's only 18, but he needs to learn.
[38:00.000 --> 38:05.000]  Well, the quicker they get people to accept pacification,
[38:05.000 --> 38:07.000]  the less they'll have to fight
[38:07.000 --> 38:11.000]  to take everything away from us later.
[38:11.000 --> 38:13.000]  So the more people they can train at an early age
[38:13.000 --> 38:17.000]  to accept what's going on as the norm now,
[38:17.000 --> 38:20.000]  then the more likely they are to retain the power
[38:20.000 --> 38:24.000]  they've stolen so far.
[38:24.000 --> 38:25.000]  Okay.
[38:25.000 --> 38:26.000]  All right, well, that helps.
[38:26.000 --> 38:28.000]  And then this applies with checkpoints.
[38:28.000 --> 38:30.000]  I mean, they have them all the time here.
[38:30.000 --> 38:31.000]  They love to stop people.
[38:31.000 --> 38:32.000]  If they want to stop me,
[38:32.000 --> 38:34.000]  they're going to have to talk to me through the window.
[38:34.000 --> 38:36.000]  And the only thing they're going to hear is,
[38:36.000 --> 38:40.000]  what is your alleged probable cause for this stop?
[38:40.000 --> 38:44.000]  That question will get asked over and over again.
[38:44.000 --> 38:46.000]  They'll say they're looking for drunk drivers.
[38:46.000 --> 38:49.000]  Well, do you have any reason to believe I'm drunk?
[38:49.000 --> 38:52.000]  What's your probable cause to say I am drunk?
[38:52.000 --> 38:54.000]  Well, if you'll roll your window down, no.
[38:54.000 --> 38:58.000]  I'm not required to provide you with the information you're seeking.
[38:58.000 --> 39:01.000]  Either you have probable cause to seek it from me,
[39:01.000 --> 39:05.000]  or you don't.
[39:05.000 --> 39:06.000]  Okay.
[39:06.000 --> 39:11.000]  Yeah, this revenue ring is picking up here because we're $18 million in the hole.
[39:11.000 --> 39:14.000]  It will get worse before it gets better.
[39:14.000 --> 39:15.000]  Yeah.
[39:15.000 --> 39:22.000]  And the way to fix it is make it more costly for them to go after you
[39:22.000 --> 39:24.000]  than to leave you alone.
[39:24.000 --> 39:27.000]  And you do that by suing them.
[39:27.000 --> 39:29.000]  Yeah, they're $18 million in the hole now.
[39:29.000 --> 39:31.000]  Hit them for a $20 million lawsuit.
[39:31.000 --> 39:33.000]  Not a $38 million in the hole.
[39:33.000 --> 39:36.000]  Okay, guys, think about lawsuits.
[39:36.000 --> 39:41.000]  They are just simply easier than you think.
[39:41.000 --> 39:44.000]  Unless you let me write it.
[39:44.000 --> 39:47.000]  Yeah, unless you let me write it.
[39:47.000 --> 39:49.000]  They're a lot easier than you think.
[39:49.000 --> 39:54.000]  You can go online to take an issue, take this issue.
[39:54.000 --> 40:00.000]  Do a search online for lawsuits concerning this issue.
[40:00.000 --> 40:02.000]  You can find stacks of them.
[40:02.000 --> 40:07.000]  Pull them down and use the one skill that I honed beyond all others.
[40:07.000 --> 40:11.000]  I am an accomplished plagiarist.
[40:11.000 --> 40:15.000]  I never write something if somebody else has already written it better.
[40:15.000 --> 40:19.000]  And if somebody else has written it, it's generally better.
[40:19.000 --> 40:21.000]  So I just steal theirs.
[40:21.000 --> 40:24.000]  But in law, that's perfectly legal.
[40:24.000 --> 40:29.000]  So look at some cases where somebody has sued on one of these issues.
[40:29.000 --> 40:33.000]  And all that stuff down, drop it in your document and file it.
[40:33.000 --> 40:36.000]  Making sure it was a winning lawsuit though.
[40:36.000 --> 40:37.000]  Yeah, yeah, yeah.
[40:37.000 --> 40:38.000]  All right.
[40:38.000 --> 40:40.000]  Well, if you can't find a winning one, use a losing one.
[40:40.000 --> 40:44.000]  Because in this case, classy misdemeanor,
[40:44.000 --> 40:47.000]  even if you lose, you win.
[40:47.000 --> 40:50.000]  And even if they win, they lose.
[40:50.000 --> 40:56.000]  Because it don't cost you $300, $400 an hour for a shyster lawyer.
[40:56.000 --> 40:58.000]  It's going to cost the city that.
[40:58.000 --> 41:00.000]  It's all about the money.
[41:00.000 --> 41:01.000]  Okay.
[41:01.000 --> 41:08.000]  And they have to spend thousands of dollars because they got this prosaic pain in the neck,
[41:08.000 --> 41:10.000]  filed this frivolous suit.
[41:10.000 --> 41:13.000]  We filed a motion to dismiss the judge dismissed it.
[41:13.000 --> 41:15.000]  He filed an objection.
[41:15.000 --> 41:21.000]  They filed an appeal to the dismissal judicial conduct complaint against the judge.
[41:21.000 --> 41:23.000]  Bargree was against attorney.
[41:23.000 --> 41:26.000]  The guy's driving us crazy.
[41:26.000 --> 41:29.000]  This is how we fix it.
[41:29.000 --> 41:30.000]  We don't care.
[41:30.000 --> 41:32.000]  The courts are corrupt.
[41:32.000 --> 41:33.000]  Can't fix that.
[41:33.000 --> 41:34.000]  Yeah.
[41:34.000 --> 41:37.000]  I wanted to stick on some poor little skinny white 18-year-old.
[41:37.000 --> 41:41.000]  And I'd like to turn it into their nightmare.
[41:41.000 --> 41:44.000]  That's what we need to do.
[41:44.000 --> 41:47.000]  We need to make it more costly for them to come after us.
[41:47.000 --> 41:57.000]  Then using the pretense of enforcing law as an unauthorized tax.
[41:57.000 --> 42:00.000]  That's exactly what they're doing.
[42:00.000 --> 42:01.000]  Okay.
[42:01.000 --> 42:02.000]  All right.
[42:02.000 --> 42:04.000]  Grandma has a mission.
[42:04.000 --> 42:05.000]  Okay.
[42:05.000 --> 42:09.000]  Grandma, if you're not really, really PO'd.
[42:09.000 --> 42:10.000]  Oh, I am.
[42:10.000 --> 42:14.000]  Did you pay an attention?
[42:14.000 --> 42:15.000]  Okay.
[42:15.000 --> 42:16.000]  Okay.
[42:16.000 --> 42:17.000]  Good.
[42:17.000 --> 42:18.000]  Thank you.
[42:18.000 --> 42:19.000]  All right.
[42:19.000 --> 42:22.000]  You are most welcome.
[42:22.000 --> 42:26.000]  This is unfortunately becoming a much bigger problem.
[42:26.000 --> 42:33.000]  I think we've been talking about that here in Austin with the city of Austin Municipal
[42:33.000 --> 42:34.000]  Police Department.
[42:34.000 --> 42:44.000]  And do you have the statistics on what their annual revenue from traffic citations is?
[42:44.000 --> 42:46.000]  Well, I do for 2010.
[42:46.000 --> 42:49.000]  I haven't gotten an update on that report for 11 or 12.
[42:49.000 --> 43:02.000]  But in 2010, the city of Austin stole $64 million divided up amongst 304,000 plus traffic citations.
[43:02.000 --> 43:10.000]  And out of that 64 million plus, they got to keep exactly 50%, 32 million plus.
[43:10.000 --> 43:13.000]  That went directly into the city coffers.
[43:13.000 --> 43:16.000]  The money was illegally taken.
[43:16.000 --> 43:22.000]  The convictions achieved in order to take it were all completely illegal themselves.
[43:22.000 --> 43:25.000]  Due process was denied in every single case.
[43:25.000 --> 43:29.000]  I can take any municipal case in the entire state.
[43:29.000 --> 43:36.000]  And I can prove inside of five minutes that the conviction was wrongful.
[43:36.000 --> 43:40.000]  Absolutely 100% wrongful.
[43:40.000 --> 43:44.000]  Even if the question pled guilty.
[43:44.000 --> 43:46.000]  Even if they pled guilty.
[43:46.000 --> 43:48.000]  All right, folks, this is Rule of Law Radio.
[43:48.000 --> 43:50.000]  Joe, we see you there on the board.
[43:50.000 --> 43:51.000]  Please hang on.
[43:51.000 --> 43:52.000]  We'll get you on the other side of the break.
[43:52.000 --> 43:55.000]  Call it number 512-646-1984.
[43:55.000 --> 44:21.000]  We will be right back.
[44:21.000 --> 44:28.000]  We will be right back.
[44:51.000 --> 44:56.000]  And if so, why did they not pass it on to other memorials?
[44:56.000 --> 45:22.000]  For more information, go to OJCFalminTruth.com.
[45:26.000 --> 45:28.000]  And now you can too.
[45:28.000 --> 45:31.000]  Jurisdictionary was created by a licensed attorney
[45:31.000 --> 45:34.000]  with 22 years of case winning experience.
[45:34.000 --> 45:36.000]  Even if you're not in a lawsuit,
[45:36.000 --> 45:39.000]  you can learn what everyone should understand
[45:39.000 --> 45:41.000]  about the principles and practices
[45:41.000 --> 45:43.000]  that control our American courts.
[45:43.000 --> 45:45.000]  You'll receive our audio classroom,
[45:45.000 --> 45:48.000]  video seminar, tutorials,
[45:48.000 --> 45:50.000]  forms for civil cases,
[45:50.000 --> 45:52.000]  prosay tactics, and much more.
[45:52.000 --> 45:55.000]  Please visit ruleoflawradio.com
[45:55.000 --> 45:56.000]  and click on the banner.
[45:56.000 --> 46:01.000]  Or call toll-free 866-LAW-EV.
[46:01.000 --> 46:27.000]  Oh!
[46:27.000 --> 46:28.000]  Oh!
[46:28.000 --> 46:29.000]  Yes.
[46:29.000 --> 46:30.000]  Oh!
[46:30.000 --> 46:32.920]  When I'm hungry I like to know just
[46:32.920 --> 46:34.940]  what I'm fishing for Oh
[46:34.940 --> 46:38.240]  I ain't asking for much migrant labor
[46:38.240 --> 46:39.340]  Alright folks we are back
[46:39.340 --> 46:42.280]  This is Rule of Law Radio with Randy Kellman
[46:42.280 --> 46:43.040]  Never Stevens
[46:43.040 --> 46:43.440]  Eddie Craig
[46:43.440 --> 46:45.280]  This is our Friday Night Show
[46:45.280 --> 46:48.620]  And we are going to Joe in Texas
[46:48.620 --> 46:50.160]  Joe, what can we do for ya?
[46:50.160 --> 46:54.100]  Ah, I have a question, ah, regarding the D.W. Light
[46:55.060 --> 46:57.160]  What is the, why is it that
[46:57.160 --> 46:58.860]  when people get D.W. Helcutt
[46:58.860 --> 47:01.860]  Is there a license or have to apply for that?
[47:01.860 --> 47:07.860]  Okay, it's a DUI and it is an occupational license.
[47:07.860 --> 47:10.860]  Occupational license?
[47:10.860 --> 47:18.860]  But the question is they were not in what transportation, commercial transportation?
[47:18.860 --> 47:25.860]  Well, a DUI is not a charge strictly limited to transportation.
[47:25.860 --> 47:26.860]  Okay.
[47:26.860 --> 47:31.860]  They simply use the motor vehicle statute to enhance it.
[47:31.860 --> 47:35.860]  A DUI is a penal code offense.
[47:35.860 --> 47:39.860]  It's actually in the penal code.
[47:39.860 --> 47:46.860]  So a person has no choice to just have an occupational license after that fact?
[47:46.860 --> 47:59.860]  Well, the issue here is, again, even depending upon how they define the terms used in the penal code and in reference to what activity.
[47:59.860 --> 48:00.860]  Okay.
[48:00.860 --> 48:03.860]  And I have a second quick question.
[48:03.860 --> 48:14.860]  Anytime an officer pulls you over, even though let's say you need an inspection stick or anything like that, you don't really have to present your, you're still in commercial transportation.
[48:14.860 --> 48:17.860]  If you, let's say you didn't have an inspection sticker.
[48:17.860 --> 48:20.860]  If you are in transportation or you're not.
[48:20.860 --> 48:22.860]  You're not.
[48:22.860 --> 48:27.860]  If you're not, then no, there's no requirement that you produce any of that.
[48:27.860 --> 48:32.860]  But let's say you don't have your inspection sticker updated or whatever.
[48:32.860 --> 48:38.860]  Okay, again, if you're not engaging in transportation, what difference does that make?
[48:38.860 --> 48:39.860]  Okay.
[48:39.860 --> 48:40.860]  All right.
[48:40.860 --> 48:42.860]  I was just kind of curious about that.
[48:42.860 --> 48:43.860]  Okay.
[48:43.860 --> 48:46.860]  You're welcome.
[48:46.860 --> 48:47.860]  All right, Randy.
[48:47.860 --> 48:49.860]  Caller board is now empty folks.
[48:49.860 --> 48:52.860]  512-646-1984.
[48:52.860 --> 48:58.860]  If you got something you want to talk about, now would be the time.
[48:58.860 --> 49:04.860]  Let me address a little bit about the last caller.
[49:04.860 --> 49:16.860]  Judging from the questions that he asked, he's not terribly familiar with the code surrounding the issue.
[49:16.860 --> 49:29.860]  He didn't have a clear understanding of the difference between private operation and acting in a commercial context.
[49:29.860 --> 49:37.860]  And a lot of people that I have talked to, they hear this that you're not in commerce.
[49:37.860 --> 49:44.860]  So since you're not in commerce, then none of the traffic laws apply to you.
[49:44.860 --> 49:49.860]  And then they want to exercise that right.
[49:49.860 --> 49:56.860]  Well, pick your fights very carefully.
[49:56.860 --> 50:04.860]  Because we don't want a lot of people who are not prepared to defend themselves adequately.
[50:04.860 --> 50:11.860]  To wind up thrown in jail, maybe beaten into unconsciousness depending on the officer.
[50:11.860 --> 50:16.860]  By starting the fight, they don't know how to finish.
[50:16.860 --> 50:23.860]  Before you take the plates off your vehicle, consider the ramifications and make sure you're ready.
[50:23.860 --> 50:30.860]  Get yourself down to any seminar and learn the material.
[50:30.860 --> 50:36.860]  There's nothing they like better than taking someone on who's not prepared for the fight.
[50:36.860 --> 50:44.860]  Yeah, and that includes getting your hands on the traffic seminar where all the documents to fight these issues in court are already written.
[50:44.860 --> 50:53.860]  All you have to do is read them and make sure that you read them enough to comprehend the argument and the reasons for the argument.
[50:53.860 --> 50:59.860]  If you do that, then your odds greatly increase to fight them to a stalemate.
[50:59.860 --> 51:04.860]  Even, and we never go into these expecting to win a trial.
[51:04.860 --> 51:10.860]  The system is rigged specifically to deny you due process at trial.
[51:10.860 --> 51:20.860]  What we have to do is we have to document that criminal denial of the right of due process so that we can take it to the appeals court.
[51:20.860 --> 51:29.860]  Then we force the appeals court to bludgeon and bloody the lower court for violating the due process rights we have.
[51:29.860 --> 51:46.860]  But again, you must make sure that those rights are properly protected by documenting the violation, not waiving the protection itself and not doing anything that can be presumed to have waived the protections you have.
[51:46.860 --> 52:08.860]  Again, without proper training and understanding of the issue and what it is and how to handle it, odds are you're going to do a lot of things that the courts have in my opinion absolutely unlawfully and in a treasonous manner have declared to be automatically waived if you don't demand the right.
[52:08.860 --> 52:27.860]  And personally, I find it repugnant and offensive that my servant gets to presume that if I didn't specifically tell him that I was not letting him violate my right, that he could presume to have the right to violate it anyway.
[52:27.860 --> 52:33.860]  That idea is completely repugnant to me, but it is what our courts have set up.
[52:33.860 --> 52:43.860]  Had we had that tar and feather party the first time that little doctrinal decision was handed down, that doctrinal decision would have disappeared immediately.
[52:43.860 --> 52:50.860]  But no, like a bunch of sheep and cattle, we sat back and let it keep going with it.
[52:50.860 --> 53:09.860]  In old England, this I've heard, I can't actually substantiate it, but the claim was that they would have posted a judge's chair with the last corrupt judge they convicted with his hide.
[53:09.860 --> 53:12.860]  That worked for me.
[53:12.860 --> 53:23.860]  It would certainly get my attention if I'd sit and known a corrupt judge's hide, but we have to expect that the courts are corrupt.
[53:23.860 --> 53:27.860]  If we don't, then we're not paying attention.
[53:27.860 --> 53:33.860]  So if we're going to beat these guys, we're not going to beat them on jurisprudence.
[53:33.860 --> 53:38.860]  We're going to beat them on the money.
[53:38.860 --> 53:51.860]  When it starts costing them more to falsely adjudicate the cases than it does to follow law, they won't have any option.
[53:51.860 --> 54:03.860]  They're using the traffic courts, lower courts as an unauthorized tax as a source of emergency income.
[54:03.860 --> 54:08.860]  They want their pretty little toys. They want their nice padded budget.
[54:08.860 --> 54:16.860]  In these times of tightening belts, nobody wants to tighten their own belt.
[54:16.860 --> 54:19.860]  They want everybody else to tighten their belt, but they don't.
[54:19.860 --> 54:24.860]  They consider their position far too important to be curtailed.
[54:24.860 --> 54:35.860]  And if us, the idiotic, moronic, brain-dead population doesn't give them every time they believe they deserve them,
[54:35.860 --> 54:41.860]  they got another way of giving them justice from us.
[54:41.860 --> 54:46.860]  And so long as we allow them to do that, they'll continue to do that.
[54:46.860 --> 54:55.860]  It's time we stood up and said, no more. You want to prosecute me? Let's see how much I can make it cost you.
[54:55.860 --> 55:00.860]  And the thing about suing them is it's just not that hard.
[55:00.860 --> 55:08.860]  You file suit and one of the good things about a system, be it corrupt or otherwise,
[55:08.860 --> 55:24.860]  there are so many different possibilities that the system is always filled with just lots and lots of things you can do.
[55:24.860 --> 55:36.860]  Something like a traffic ticket, the way we win is by seeing how long we can keep them in court.
[55:36.860 --> 55:43.860]  The first person I ever helped with a suit on the foreclosure issue had to be the first two.
[55:43.860 --> 55:50.860]  Once here in Austin, once in California, they're both still in their house for the moment.
[55:50.860 --> 55:56.860]  Both of them are close to getting thrown out of their house, but they're still in it.
[55:56.860 --> 56:07.860]  Both of the suits we filed and the other side got it and wrote this response telling the judge that this suit is a piece of crap.
[56:07.860 --> 56:16.860]  And the judge looked at the suit and he wrote a response saying, this suit is a piece of crap. Fix it.
[56:16.860 --> 56:19.860]  So we made up another one.
[56:19.860 --> 56:26.860]  And the other side said, this one's a piece of crap. And the judge said, yeah, it is a piece of crap. It's not as big a piece of crap as the last one was.
[56:26.860 --> 56:29.860]  Here you got this problem, this problem, this problem, fix it.
[56:29.860 --> 56:32.860]  So we thought another one.
[56:32.860 --> 56:39.860]  This has gone on for right at three years now, back and forth, back and forth.
[56:39.860 --> 56:45.860]  Whatever they do, there's something we can do in these thoughts.
[56:45.860 --> 56:51.860]  They can dismiss the case with prejudice. We'll refile it on different issues.
[56:51.860 --> 56:55.860]  They just jump up and down. We can file motions.
[56:55.860 --> 57:13.860]  We purposely craft emotions and any is an absolute fountain of opportunity for this is we craft emotions going to issues that the lawyers have not already briefed out.
[57:13.860 --> 57:20.860]  And this is important to understand the politics and why they hate process so much.
[57:20.860 --> 57:24.860]  Generally, a lawyer will specialize.
[57:24.860 --> 57:32.860]  He'll specialize to the point that when he gets a case, you go in and sit down in this lawyer, you tell them about your case.
[57:32.860 --> 57:45.860]  And he sits there and listens intently and makes excuse notes. And then after you leave, he goes over to the door, pulls out the standard motion, fills in the blanks and files.
[57:45.860 --> 57:56.860]  I mean, they do the same thing over and over and over. And it's not so much that they're lazy. They may be lazy, but they're also terrified.
[57:56.860 --> 58:04.860]  And when I come back, I'll explain why they're terrified and how we can use this to our advantage.
[58:04.860 --> 58:09.860]  And we work these guys over. This is Randy Kelton Davis, David Zayde Craig.
[58:09.860 --> 58:15.860]  We've got radio. We'll be right back on the other side.
[58:15.860 --> 58:24.860]  Well, this is the top of the hour. So we have a little more time than I expected. I'm having a little trouble getting my page to refresh.
[58:24.860 --> 58:29.860]  So give us a call 502-646-1984. Get in line.
[58:29.860 --> 58:35.860]  Kathy, I see you there. We'll get to you when we come back on the other side.
[58:35.860 --> 58:37.860]  I don't think we'll talk to you.
[58:37.860 --> 58:40.860]  Actually, we'll get Jason and Kathy's both.
[58:40.860 --> 58:43.860]  Oh, OK, OK, OK. First call and drop-off. OK, good.
[58:43.860 --> 58:49.860]  OK, we will be right back with our Friday night info every now and then.
[58:49.860 --> 58:53.860]  Would you like to make more definite progress in your walk with God?
[58:53.860 --> 59:00.860]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:00.860 --> 59:05.860]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:05.860 --> 59:12.860]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:12.860 --> 59:17.860]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.860 --> 59:26.860]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:26.860 --> 59:39.860]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:39.860 --> 59:48.860]  That's 888-551-0102. Or visit us online at bfa.org.
[01:00:02.860 --> 01:00:07.860]  Don't touch that dial. Seriously, it may be rigged to scan your hand.
[01:00:07.860 --> 01:00:14.860]  I'm Dr. Cameron Albrecht. Back to tell you how a children's media corporation is developing some scary sci-fi next.
[01:00:37.860 --> 01:00:44.860]  Private search engine alternative to Google, Yahoo and Bing. Start over with Start Page.
[01:01:08.860 --> 01:01:18.860]  But do we really want our furniture watching this? Once this stuff is linked to the internet, pretty soon the walls and even the doors will talk.
[01:01:18.860 --> 01:01:22.860]  Hey, let's lock the door on that idea. Throw away the key.
[01:01:22.860 --> 01:01:27.860]  I'm Dr. Cameron Albrecht for StartPage.com, the world's most private search engine.
[01:01:27.860 --> 01:01:32.860]  For many people, life without tweeting, blogging or emailing would be unimaginable.
[01:01:32.860 --> 01:01:36.860]  But did you know that one in five adults shuns the internet?
[01:01:36.860 --> 01:01:58.860]  I'm Dr. Cameron Albrecht. Back to tell you who they are in a moment.
[01:02:06.860 --> 01:02:17.860]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing. Start over with Start Page.
[01:02:17.860 --> 01:02:26.860]  Most people email, shop and instant message through the web. But one in five Americans has never used the internet and has no desire to.
[01:02:26.860 --> 01:02:35.860]  The Pew Research Center reports that a stubborn subset of Americans is totally uninterested in email, YouTube, Facebook or anything else that happens online.
[01:02:35.860 --> 01:02:41.860]  For the most part, there are senior citizens, minorities, the poor and those with lower levels of education.
[01:02:41.860 --> 01:02:48.860]  If living without the web sounds impossible, consider this. Most of those survey didn't think they were missing out on much.
[01:02:48.860 --> 01:02:54.860]  Maybe those people treasure a world of real relationships and events and the freedom that goes with it.
[01:02:54.860 --> 01:03:06.860]  I'm Dr. Cameron Albrecht for StartPage.com, the world's most private search engine.
[01:03:24.860 --> 01:03:49.860]  I will pay for the war with my body. I ain't gonna pay for the car with my money.
[01:03:49.860 --> 01:03:58.860]  Alright folks, we are back. This is Rule of Law Radio. Call in number 512-646-1984.
[01:03:58.860 --> 01:04:05.860]  Alright, we are gonna go to our callers. Let's start with Jason in Texas. Jason, what can we do for you?
[01:04:05.860 --> 01:04:13.860]  Hey Eddie, I wanted to start off by saying thank you for the traffic show you did on the 23rd of last month.
[01:04:13.860 --> 01:04:15.860]  I did one of those?
[01:04:15.860 --> 01:04:23.860]  It was very thorough and if it was on a cassette, I would have worn the tape off the rails by now listening to it.
[01:04:23.860 --> 01:04:37.860]  Going over 15-17 and the due process is violated, I listened to what you said over and over and now I'm trying to get there through statute like you're giving.
[01:04:37.860 --> 01:04:53.860]  I have a gap in my knowledge here that I need to fill. 15-17G talks about class C misdemeanors under 14-06B and C.
[01:04:53.860 --> 01:04:55.860]  Correct.
[01:04:55.860 --> 01:05:07.860]  14-06C would cover class C misdemeanors, right?
[01:05:07.860 --> 01:05:09.860]  Correct.
[01:05:09.860 --> 01:05:11.860]  14-06B covers class A and B misdemeanors.
[01:05:11.860 --> 01:05:19.860]  14-06B is our C's and 14-06C's are A and B's.
[01:05:19.860 --> 01:05:33.860]  Okay, there you go. So what I did was I made a flow chart here and I got to what is defined because it references the misdemeanors under 14-06C being A and B
[01:05:33.860 --> 01:05:39.860]  and it gives a specific list of what class A and B misdemeanors is talking about.
[01:05:39.860 --> 01:05:55.860]  And those are, going back, looking at them, these are just generally, those are possession of marijuana, possession of controlled substance, criminal mischief, graffiti, theft, theft of service, contraband in a correctional facility and driving with a license invalid.
[01:05:55.860 --> 01:06:01.860]  That's what it's talking about there when it references 14-06C.
[01:06:01.860 --> 01:06:15.860]  So my question is, what happens when you are before the magistrate for a class A misdemeanor other than one of these listed in 14-06B? Let's talk about like a weapons charge.
[01:06:15.860 --> 01:06:17.860]  Well, a weapons charge is not going to be a class C.
[01:06:17.860 --> 01:06:19.860]  It would be a class A.
[01:06:19.860 --> 01:06:21.860]  Yeah.
[01:06:21.860 --> 01:06:33.860]  Okay, so being that it says, okay, if you are in front of the magistrate for a class B or one of these class A's and B's specifically, then here's your duty.
[01:06:33.860 --> 01:06:40.860]  But it kind of leaves a blank for other class A and B misdemeanors not listed under 14-06C.
[01:06:40.860 --> 01:06:45.860]  Actually, there's no blank. Go to the next chapter.
[01:06:45.860 --> 01:06:49.860]  Chapter 16.
[01:06:49.860 --> 01:06:53.860]  Chapter 16 addresses examining trial.
[01:06:53.860 --> 01:06:55.860]  Okay.
[01:06:55.860 --> 01:07:02.860]  Those not listed in 15-17 would go to an examining trial under Chapter 16.
[01:07:02.860 --> 01:07:06.860]  Okay, and that's what I was working on, but that was an assumption.
[01:07:06.860 --> 01:07:18.860]  I couldn't get there by the verbiage in the statute to say if it is a class A misdemeanor, not defined under 14-06C,
[01:07:18.860 --> 01:07:20.860]  then go to an examining trial.
[01:07:20.860 --> 01:07:23.860]  Okay, let me ask you a learning question.
[01:07:23.860 --> 01:07:28.860]  What is it you believe 14-06C is authorizing?
[01:07:28.860 --> 01:07:33.860]  14-06C, what is it authorizing?
[01:07:33.860 --> 01:07:42.860]  That would be, well, it's for the purpose of arrest without warrant, but what is it authorizing?
[01:07:42.860 --> 01:07:46.860]  Let's see here. I feel like I'm on the game show with the world listening.
[01:07:46.860 --> 01:07:50.860]  Well, good way to learn when the pressure's on.
[01:07:50.860 --> 01:07:54.860]  Yeah, no doubt. No doubt. And it's funny because when you do this to other people, I know the answer.
[01:07:54.860 --> 01:07:56.860]  I'm saying that now here I am in the position.
[01:07:56.860 --> 01:07:58.860]  Yeah, it's always different when you're the one in the chair.
[01:07:58.860 --> 01:08:04.860]  Yeah, because I'm going, you idiot, here's the answer. Now here I am, the idiot.
[01:08:04.860 --> 01:08:06.860]  What are you getting at, Eddie? Because I guess many times.
[01:08:06.860 --> 01:08:10.860]  Okay, 14-06B and C.
[01:08:10.860 --> 01:08:11.860]  Yeah, Randy.
[01:08:11.860 --> 01:08:16.860]  Is this Jason Idiot from Texas?
[01:08:16.860 --> 01:08:18.860]  I've been called worse.
[01:08:18.860 --> 01:08:20.860]  I couldn't help that.
[01:08:20.860 --> 01:08:25.860]  Now I'm willing to bet Randy can't answer the question either, so that would be stump the chump on Randy.
[01:08:25.860 --> 01:08:28.860]  I'll give him a chance to answer if he wants.
[01:08:28.860 --> 01:08:34.860]  Your question is not clear. 14-06C is a special statute.
[01:08:34.860 --> 01:08:40.860]  Right, with the intended purpose of authorizing what?
[01:08:40.860 --> 01:08:45.860]  Authorizing. I don't know. I have to read the statute again.
[01:08:45.860 --> 01:08:47.860]  I don't have it in there.
[01:08:47.860 --> 01:09:03.860]  Both 14-06B and C are special statutes specifically authorizing a police officer to issue a citation in lieu of taking the individual before a magistrate.
[01:09:03.860 --> 01:09:05.860]  Yes, that's correct.
[01:09:05.860 --> 01:09:11.860]  And they are there to subdivide the types of offenses for which they apply.
[01:09:11.860 --> 01:09:17.860]  C applies specifically to the list of offenses in D.
[01:09:17.860 --> 01:09:24.860]  There you are correct. But B applies to any fine-only misdemeanor.
[01:09:24.860 --> 01:09:34.860]  So if none of these conditions apply in this special statute, what would you do?
[01:09:34.860 --> 01:09:36.860]  Then the requirement is...
[01:09:36.860 --> 01:09:41.860]  Not you. I'm asking you. I mean, Jason.
[01:09:41.860 --> 01:09:42.860]  What's the question?
[01:09:42.860 --> 01:09:52.860]  All right. If none of the conditions of D are met in compliance with C, then what is the officer's duty under 14-06?
[01:09:52.860 --> 01:09:58.860]  No. What is his duty under the Code of Criminal Procedure?
[01:09:58.860 --> 01:10:01.860]  That's where we at. 14-06 is the Code of Criminal Procedure.
[01:10:01.860 --> 01:10:07.860]  Well, it's not all of the Code of Criminal Procedure. It is a special statute in the Code of Criminal Procedure.
[01:10:07.860 --> 01:10:13.860]  Right. But he's arresting without a warrant, so his power to do so starts in 14.
[01:10:13.860 --> 01:10:23.860]  And in this particular section, his directives are in 14-06, and it's subdivided into particular authorizations within 14-06.
[01:10:23.860 --> 01:10:34.860]  So if neither B or C authorizations apply, what duty is placed on the officer by 14-06?
[01:10:34.860 --> 01:10:36.860]  Taking the person before magistrate.
[01:10:36.860 --> 01:10:48.860]  Correct. If he cannot issue a citation in lieu of taking the individual before magistrate because the offense is not one authorized to do so in subsection D,
[01:10:48.860 --> 01:10:55.860]  he must take them to the magistrate for the 15.17 presentment hearing.
[01:10:55.860 --> 01:11:02.860]  Okay. And that's where I'm trying to get to. That's where my gap starts.
[01:11:02.860 --> 01:11:09.860]  Okay. So if you appear before a magistrate for something under 14-06, B or C,
[01:11:09.860 --> 01:11:18.860]  15-17 dictates that they just basically ask you a couple questions and give you an arraignment date at a later date.
[01:11:18.860 --> 01:11:24.860]  No, wait a minute. No, the arraignment date is under 15-17, not 14-06.
[01:11:24.860 --> 01:11:32.860]  Right. If you're appearing before the magistrate for an offense or a citation under 14-06, B or C,
[01:11:32.860 --> 01:11:37.860]  and it has a date on the citation to appear before magistrate, you go down there and you appear on that date.
[01:11:37.860 --> 01:11:42.860]  That magistrate reads you 15-17 and tells you to come back and see us later for an arraignment.
[01:11:42.860 --> 01:11:46.860]  Well, he doesn't read it. He has to perform the duties that are written in it.
[01:11:46.860 --> 01:11:50.860]  Those duties include he must read you your rights.
[01:11:50.860 --> 01:11:56.860]  He must determine whether or not you are handicapped in speech, whether or not he needs an interpreter,
[01:11:56.860 --> 01:12:04.860]  whether he needs someone for the deaf or those that can't speak, someone that understands sign language.
[01:12:04.860 --> 01:12:10.860]  He has to go through all this to ensure that you are fully knowledgeable in understanding of the rights he read you.
[01:12:10.860 --> 01:12:14.860]  So is English your first language? Do I need to get you an interpreter?
[01:12:14.860 --> 01:12:18.860]  Do you require assistance of counsel? If so, here's the forms.
[01:12:18.860 --> 01:12:22.860]  Somebody help him fill them out and so on and so on and so on.
[01:12:22.860 --> 01:12:31.860]  That's what 15.17G directs him to do under a 14-06, B or C offense.
[01:12:31.860 --> 01:12:40.860]  Right. What I'm trying to figure out here is in my county, and I've heard you guys talk about this before with other callers,
[01:12:40.860 --> 01:12:49.860]  but in my county, we have a magistrate that sits down in the jail 24-7, and it is a city detention center.
[01:12:49.860 --> 01:12:56.860]  So according to 15.17G, if you go for a Class C, they just run you through and let you go right there.
[01:12:56.860 --> 01:13:01.860]  If it's a Class A or B, they automatically process you through the facility.
[01:13:01.860 --> 01:13:08.860]  You see a magistrate in the city detention center, and they automatically, regardless of what happens in that magistrate hearing,
[01:13:08.860 --> 01:13:12.860]  other than the magistrate saying that the charges are no good and drawn out,
[01:13:12.860 --> 01:13:17.860]  they automatically send you over to the county jail where you're processed again.
[01:13:17.860 --> 01:13:21.860]  Okay. The procedure is required to be this.
[01:13:21.860 --> 01:13:28.860]  One, they can't book you, fingerprint you, or anything else before presenting you to the magistrate.
[01:13:28.860 --> 01:13:32.860]  The law requires them to do that before anything else.
[01:13:32.860 --> 01:13:37.860]  Why? Because the arrest occurred without a warrant.
[01:13:37.860 --> 01:13:46.860]  Until the arrest itself is proven to be valid, they have no authority to engage in any other act.
[01:13:46.860 --> 01:13:56.860]  The whole purpose of taking you before the magistrate is to first determine was the arrest without warrant lawful.
[01:13:56.860 --> 01:14:03.860]  If it was not, they don't have a choice but to let you go right then, right there.
[01:14:03.860 --> 01:14:08.860]  To delay your imprisonment or your release from imprisonment,
[01:14:08.860 --> 01:14:14.860]  by going through a booking process you should have never been brought into,
[01:14:14.860 --> 01:14:20.860]  and sitting in a jail you should have never entered the doors of.
[01:14:20.860 --> 01:14:24.860]  The whole thing is a false imprisonment case waiting to happen.
[01:14:24.860 --> 01:14:30.860]  And there is tons of Texas case law that says that's exactly what it is.
[01:14:30.860 --> 01:14:37.860]  They can't process you into the jail till they first prove they have lawful authority to put you in the jail.
[01:14:37.860 --> 01:14:43.860]  Here's why. The arrest has not been determined to be legal without a warrant.
[01:14:43.860 --> 01:14:48.860]  Number two, there is no commitment order signed by a magistrate,
[01:14:48.860 --> 01:14:53.860]  and that is absolutely required under Chapter 16.
[01:14:53.860 --> 01:15:00.860]  That commitment order can only be directed to the sheriff of the county, not to a municipal jailer.
[01:15:00.860 --> 01:15:09.860]  There is zero authority in any statute, anywhere, that allows anybody to put you in a municipal jail.
[01:15:09.860 --> 01:15:12.860]  Period.
[01:15:12.860 --> 01:15:17.860]  And that commitment order can only come after an examining trial, right?
[01:15:17.860 --> 01:15:19.860]  Correct.
[01:15:19.860 --> 01:15:21.860]  Okay.
[01:15:21.860 --> 01:15:26.860]  Yeah, and I'm just trying to get this established in my mind so that I can know where they're going wrong.
[01:15:26.860 --> 01:15:31.860]  Because here in this county as soon as you're brought into that, they call it a magistrate's city detention.
[01:15:31.860 --> 01:15:34.860]  Yeah, that's what they call the 1517 is a magistration.
[01:15:34.860 --> 01:15:35.860]  Right.
[01:15:35.860 --> 01:15:44.860]  The problem for them is, is they have streamlined the process for their convenience, not for compliance with the statutory procedures.
[01:15:44.860 --> 01:15:46.860]  Right.
[01:15:46.860 --> 01:15:54.860]  So in these cases, one of the arguments we're starting to make as far as traffic offenses go is, this is not a criminal case.
[01:15:54.860 --> 01:15:59.860]  If this were a criminal case, you would have to be doing these things.
[01:15:59.860 --> 01:16:06.860]  15.17A, B, C, D, E, F, G, you're not doing these things.
[01:16:06.860 --> 01:16:12.860]  Therefore, this cannot be a criminal case or the criminal rules would apply.
[01:16:12.860 --> 01:16:13.860]  Right.
[01:16:13.860 --> 01:16:17.860]  Yeah, I noticed you were taking that tack on that show and it was different.
[01:16:17.860 --> 01:16:20.860]  It was interesting to look at it from that perspective.
[01:16:20.860 --> 01:16:29.860]  But as far as the due process goes here in this county, I'm trying to make a flowchart as to what they do versus what they should do, which is why I'm asking these questions.
[01:16:29.860 --> 01:16:33.860]  But yeah, here as soon as you walk into the magistration center.
[01:16:33.860 --> 01:16:34.860]  Yeah, hang on just a second.
[01:16:34.860 --> 01:16:35.860]  We're going to take a break.
[01:16:35.860 --> 01:16:36.860]  We'll pick this up on the other side.
[01:16:36.860 --> 01:16:37.860]  Okay.
[01:16:37.860 --> 01:16:38.860]  Okay.
[01:16:38.860 --> 01:16:39.860]  All right, folks.
[01:16:39.860 --> 01:16:41.860]  This is rule of law radio.
[01:16:41.860 --> 01:16:45.860]  Call in number 512-646-1984.
[01:16:45.860 --> 01:16:47.860]  We got a full collar board right now.
[01:16:47.860 --> 01:16:51.860]  We're going to wrap up Jason on the other side and we'll take care of all this.
[01:16:51.860 --> 01:17:00.860]  We'll be right back after the break.
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[01:19:22.860 --> 01:19:32.860]  Alright folks, we are back. We have a full caller board. We are talking to Jason in Texas.
[01:19:32.860 --> 01:19:39.860]  Alright Jason, if you really want to see how 15.17 breaks down in its entirety,
[01:19:39.860 --> 01:19:48.860]  I have done extensive documentation of and breaking down each individual step of 15.17.
[01:19:48.860 --> 01:19:52.860]  So it's actually very easy to see what the flow is supposed to be.
[01:19:52.860 --> 01:19:57.860]  So if you want to copy that, just send me an email and I'll be happy to email it to you.
[01:19:57.860 --> 01:20:10.860]  There is a cross-reference table for 15.17 and there is an in-depth study dealing with each of the processes in 15.17.
[01:20:10.860 --> 01:20:11.860]  Okay?
[01:20:11.860 --> 01:20:13.860]  Sure. I'll shoot you an email real quick.
[01:20:13.860 --> 01:20:21.860]  And I'll be happy to send you those two documents and it will definitely make following 15.17 easier
[01:20:21.860 --> 01:20:25.860]  because the legislature lost their ever-loving mind.
[01:20:25.860 --> 01:20:31.860]  They wrote 15.17A in one humongous run-on sentence.
[01:20:31.860 --> 01:20:37.860]  And I mean it's virtually impossible to understand it just by sitting down and looking at it
[01:20:37.860 --> 01:20:44.860]  until you do what I did with the individual line elements and break them down on separate lines
[01:20:44.860 --> 01:20:52.860]  and highlight them so that you know exactly what the route the statute is taking at any given point.
[01:20:52.860 --> 01:20:57.860]  It's very hard to make different arguments about the exact same statement in the statute.
[01:20:57.860 --> 01:21:02.860]  It's very easy, I'm sorry, it's very easy to argue the same statute 20 different ways
[01:21:02.860 --> 01:21:07.860]  because everybody's going to read it with the way it's laid out in the statute differently.
[01:21:07.860 --> 01:21:16.860]  The way I've broken it down into individual pieces, it makes it a lot easier to make everybody agree on the same argument.
[01:21:16.860 --> 01:21:23.860]  Yeah, I'd be really interested to see that because I'm trying to figure out what they should be doing versus what they do.
[01:21:23.860 --> 01:21:27.860]  And just for people who are listening, it might be the same in a lot of places,
[01:21:27.860 --> 01:21:34.860]  but here as soon as you step into the city detention center, they start removing your shoelaces, your rings, your wallet.
[01:21:34.860 --> 01:21:38.860]  Right, and see that's all a bunch of illegal searches and seizures.
[01:21:38.860 --> 01:21:43.860]  They're doing all this, remember they arrested you without a warrant, 99% of the time.
[01:21:43.860 --> 01:21:49.860]  There are procedures to protect your rights when that arrest occurred without a warrant.
[01:21:49.860 --> 01:21:58.860]  And anything they do prior to making sure that arrest without warrant is valid is illegal on its face.
[01:21:58.860 --> 01:22:00.860]  Right.
[01:22:00.860 --> 01:22:06.860]  Right, but just so you know that roadmap you're trying to make, I've already made in this breakdown
[01:22:06.860 --> 01:22:14.860]  when I divide up the individual line, for instance, in 15.17a where it says in each case enumerated in this code,
[01:22:14.860 --> 01:22:16.860]  that's talking about any offense.
[01:22:16.860 --> 01:22:19.860]  That's exactly what that line means.
[01:22:19.860 --> 01:22:26.860]  In each case, every time a cause of action in a criminal court is brought, these are the procedures.
[01:22:26.860 --> 01:22:27.860]  Okay.
[01:22:27.860 --> 01:22:31.860]  Then the first line is the person making the arrest.
[01:22:31.860 --> 01:22:46.860]  And immediately I show that that reflects Code of Criminal Procedure Article 14.06a through a and b, and the person having custody of invokes 16.19 through 16.21,
[01:22:46.860 --> 01:22:56.860]  and the person arrested goes to Texas Constitution Article 1, Sections 9 and 10, and Code of Criminal Procedure Article 1.04.
[01:22:56.860 --> 01:23:09.860]  That tells you specifically what statutes or constitutional articles and sections are being invoked by that specific reference in the statute.
[01:23:09.860 --> 01:23:11.860]  And that's exactly what I'm looking for.
[01:23:11.860 --> 01:23:14.860]  I wish there was a way to download your brain on this kind of stuff.
[01:23:14.860 --> 01:23:15.860]  I would too.
[01:23:15.860 --> 01:23:16.860]  Then my phone bill wouldn't be so high.
[01:23:16.860 --> 01:23:22.860]  But oh well, at least I serve some purpose besides killing roaches and flattening chairs.
[01:23:22.860 --> 01:23:23.860]  Yeah, that's good stuff.
[01:23:23.860 --> 01:23:27.860]  Well, I guess after I get this stuff down packed, you know, there's only one way to get standing.
[01:23:27.860 --> 01:23:33.860]  So I guess whenever I feel like I'm confident I have to do it, then I'll go get some standing.
[01:23:33.860 --> 01:23:35.860]  All right.
[01:23:35.860 --> 01:23:36.860]  All right.
[01:23:36.860 --> 01:23:37.860]  Thanks for the time.
[01:23:37.860 --> 01:23:38.860]  You're very welcome, Jason.
[01:23:38.860 --> 01:23:39.860]  Thanks for calling in.
[01:23:39.860 --> 01:23:40.860]  Okay.
[01:23:40.860 --> 01:23:47.860]  Now we're going to go to Kathy in Texas, and then we have Mike in Texas after Kathy.
[01:23:47.860 --> 01:23:49.860]  All right, Kathy, what can we do for you?
[01:23:49.860 --> 01:23:51.860]  Well, good evening, everybody.
[01:23:51.860 --> 01:23:58.860]  And I do have a traffic question tonight, and then I have just a quick statement after that.
[01:23:58.860 --> 01:23:59.860]  Okay.
[01:23:59.860 --> 01:24:08.860]  But it was brought home to me this last week graphically that I don't have a clue what a warning ticket is about.
[01:24:08.860 --> 01:24:13.860]  What exactly happens when someone gives you a warning ticket?
[01:24:13.860 --> 01:24:14.860]  Nothing.
[01:24:14.860 --> 01:24:21.860]  The ticket just simply says, I could charge you with this pretend defense, but I'm not really going to.
[01:24:21.860 --> 01:24:27.860]  I just want you to feel like I've shown you the error of your ways without actually getting you in trouble.
[01:24:27.860 --> 01:24:31.860]  So next time before warned, the real thing may be what happens.
[01:24:31.860 --> 01:24:42.860]  So actually the warning ticket is a record for them to use against you if they decide to stop you for that same.
[01:24:42.860 --> 01:24:44.860]  Well, yes and no.
[01:24:44.860 --> 01:24:49.860]  They can't actually use the warning ticket in the new ticket.
[01:24:49.860 --> 01:24:52.860]  There's nothing at all that allows them to do that.
[01:24:52.860 --> 01:25:00.860]  They can't enhance the reason the officer still has discretion whether or not he ever issues the ticket.
[01:25:00.860 --> 01:25:04.860]  That's a completely discretionary call on the part of the officer.
[01:25:04.860 --> 01:25:06.860]  He can choose to write no ticket.
[01:25:06.860 --> 01:25:08.860]  He can choose to write a warning ticket.
[01:25:08.860 --> 01:25:11.860]  He can choose to simply write a ticket.
[01:25:11.860 --> 01:25:24.860]  If you are accused of robbing a bank and you have been convicted of robbing 10 banks that cannot be mentioned at trial,
[01:25:24.860 --> 01:25:29.860]  because whether or not you rob banks in the past doesn't have anything to do with this one.
[01:25:29.860 --> 01:25:38.860]  So whether or not you got 100 warning tickets is not evidence concerning whether or not you violated the law this time.
[01:25:38.860 --> 01:25:48.860]  Yeah, which is really stupid considering that the case law says they cannot use evidence at sentencing that was not introduced at trial,
[01:25:48.860 --> 01:25:53.860]  yet they're using prior convictions in some criminal cases to enhance the punishment.
[01:25:53.860 --> 01:25:58.860]  Yet they were not allowed to bring evidence of the prior convictions in at trial.
[01:25:58.860 --> 01:26:04.860]  So when they write a warning ticket, it becomes some kind of record.
[01:26:04.860 --> 01:26:05.860]  Does it not?
[01:26:05.860 --> 01:26:07.860]  I mean, the guy's got a ticket bookie.
[01:26:07.860 --> 01:26:10.860]  It's only a record on behalf of the officer.
[01:26:10.860 --> 01:26:14.860]  He can show that he made some effort to monitor traffic.
[01:26:14.860 --> 01:26:16.860]  Okay, so basically...
[01:26:16.860 --> 01:26:24.860]  Now, if an officer gives you a warning ticket for a tail light out,
[01:26:24.860 --> 01:26:32.860]  and then an officer pulls you over a week later and runs your license, he's going to come up with that warning ticket.
[01:26:32.860 --> 01:26:33.860]  That's right.
[01:26:33.860 --> 01:26:37.860]  And it's going to say, hmm, they got a warning last week.
[01:26:37.860 --> 01:26:40.860]  This time he's going to write you a citation.
[01:26:40.860 --> 01:26:41.860]  Okay.
[01:26:41.860 --> 01:26:42.860]  And that's exactly...
[01:26:42.860 --> 01:26:47.860]  The only ones who can use it are the police and just for their reference.
[01:26:47.860 --> 01:26:49.860]  They can't bring it into court.
[01:26:49.860 --> 01:26:50.860]  Right.
[01:26:50.860 --> 01:26:54.860]  So that's why they write it...
[01:26:54.860 --> 01:26:56.860]  That's really why they're writing the warning.
[01:26:56.860 --> 01:27:06.860]  So that tomorrow night, when you go buy the same cop, he then is looking to write you a ticket because your tail light didn't fix within 24 hours.
[01:27:06.860 --> 01:27:07.860]  Right.
[01:27:07.860 --> 01:27:15.860]  Or even if you pass another cop and he runs your plate and you've been given a warning, you'll probably pop up on his computer.
[01:27:15.860 --> 01:27:16.860]  Right.
[01:27:16.860 --> 01:27:18.860]  So, yeah.
[01:27:18.860 --> 01:27:23.860]  Because I was thinking there shouldn't be any reason for a warning ticket.
[01:27:23.860 --> 01:27:29.860]  Well, but you can sue him over the warning ticket just as much as you can the actual ticket.
[01:27:29.860 --> 01:27:33.860]  What did he have to do in order to issue that warning ticket?
[01:27:33.860 --> 01:27:37.860]  Well, he stopped you traveling down the road, yeah.
[01:27:37.860 --> 01:27:39.860]  He placed you in custody.
[01:27:39.860 --> 01:27:42.860]  He arrested you to write that warning ticket.
[01:27:42.860 --> 01:27:43.860]  Yeah.
[01:27:43.860 --> 01:27:45.860]  Yeah.
[01:27:45.860 --> 01:27:46.860]  Okay.
[01:27:46.860 --> 01:27:52.860]  I know that this isn't going anywhere from me because it wasn't my ticket.
[01:27:52.860 --> 01:27:53.860]  Okay.
[01:27:53.860 --> 01:27:54.860]  Right.
[01:27:54.860 --> 01:28:04.860]  And the individual in my household who got the warning ticket is not going there, but I was of the opinion that this should go somewhere.
[01:28:04.860 --> 01:28:06.860]  I have a question.
[01:28:06.860 --> 01:28:07.860]  Yes.
[01:28:07.860 --> 01:28:13.860]  Did he play accordion music for the officer to get him to not write a ticket?
[01:28:13.860 --> 01:28:17.860]  No, that would have caused him to get a ticket.
[01:28:17.860 --> 01:28:20.860]  By most people's standards.
[01:28:20.860 --> 01:28:21.860]  However...
[01:28:21.860 --> 01:28:24.860]  I have no idea who this is, but...
[01:28:24.860 --> 01:28:25.860]  I know.
[01:28:25.860 --> 01:28:26.860]  You have no idea.
[01:28:26.860 --> 01:28:29.860]  And quit giving away my personal secrets here.
[01:28:29.860 --> 01:28:50.860]  But one of the issues that I have with it, and it is resolved amicably, but because the officer gave him a warning ticket, then the assumption is I'm not going to drive this vehicle after dark.
[01:28:50.860 --> 01:28:56.860]  Where I have to drive because I drive by city hall twice a night after dark.
[01:28:56.860 --> 01:28:57.860]  And it's like, okay.
[01:28:57.860 --> 01:29:04.860]  So the take is the brake light was not out.
[01:29:04.860 --> 01:29:09.860]  It was not functioning properly.
[01:29:09.860 --> 01:29:13.860]  The brake light basically was just staying on.
[01:29:13.860 --> 01:29:21.860]  So when you're driving around in the daylight, it's no issue at all because when you put your foot on the brake, brake light comes on.
[01:29:21.860 --> 01:29:24.860]  So only at night is it any issue.
[01:29:24.860 --> 01:29:33.860]  So when you turn on the light, the tail light on one side looked like a brake light.
[01:29:33.860 --> 01:29:39.860]  So for my money, it was working fine and it wasn't ticketable even under those standards.
[01:29:39.860 --> 01:29:41.860]  But anyway.
[01:29:41.860 --> 01:29:44.860]  So I hear the music and I just want to throw that out for discussion.
[01:29:44.860 --> 01:29:51.860]  And I wanted to say one thing about there's a particular Galveston judge who did not get reelected.
[01:29:51.860 --> 01:29:56.860]  And so maybe that will change some strategies there.
[01:29:56.860 --> 01:29:57.860]  All right.
[01:29:57.860 --> 01:29:59.860]  We'll be right back, folks.
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[01:30:06.860 --> 01:30:10.860]  Based on the damage pattern to the building, but the government seems impossible.
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[01:32:15.860 --> 01:32:28.860]  All right folks, we are back. This is Rule of Law Radio.
[01:32:28.860 --> 01:32:34.860]  Ms. Cathy, thank you so much for the previous call. Right now we are going to take Mike.
[01:32:34.860 --> 01:32:37.860]  Wait a minute, wait a minute. She had a question.
[01:32:37.860 --> 01:32:40.860]  No, I doubt that because she's gone.
[01:32:40.860 --> 01:32:44.860]  No, she's not. Oh, maybe Mike came to me first.
[01:32:44.860 --> 01:32:49.860]  We lost half the caller page while we were on break. So if you dropped off folks, call back in.
[01:32:49.860 --> 01:32:56.860]  Okay, right now we're going to take Mike in Texas. Mike, what can we do for you?
[01:32:56.860 --> 01:33:04.860]  I got a little question on how to deal with another traffic issue.
[01:33:04.860 --> 01:33:21.860]  This was regarding a ticket I got the other day and went to the municipal court, which the ticket said had up to 15 days to appear.
[01:33:21.860 --> 01:33:28.860]  And I appeared there today to the clerk and said, please give me a copy of this complaint.
[01:33:28.860 --> 01:33:37.860]  And she informed me there was no complaint. And I said, well, then it's pretty hard to do anything about this charge.
[01:33:37.860 --> 01:33:45.860]  If I'm not charged with anything, you know, there's not a whole lot that I can do here.
[01:33:45.860 --> 01:33:49.860]  And she said, well, the officer has two years to generate a complaint.
[01:33:49.860 --> 01:34:01.860]  And I said, okay, I've got 15 days. You know, I need a copy of that complaint so I can know what charges are against me and how to deal with it.
[01:34:01.860 --> 01:34:10.860]  And basically it was, well, too bad, you know, you need to go take that up with the police officer.
[01:34:10.860 --> 01:34:21.860]  So what I, and I plan on going back in a couple of days and if there's still no complaint, then that means there's still no charges against me.
[01:34:21.860 --> 01:34:32.860]  And I want to do initiate some process whereby this can show that the state is defaulted.
[01:34:32.860 --> 01:34:34.860]  Is there a way to do that?
[01:34:34.860 --> 01:34:49.860]  Well, yeah, there is. According to 45.018b and 45.019f and 1.05 and 1.14 of the Code of Criminal Procedure,
[01:34:49.860 --> 01:35:04.860]  you are entitled to have a written copy of the nature and cause against you no later than one day prior to any proceeding under the prosecution or in the prosecution under the complaint.
[01:35:04.860 --> 01:35:05.860]  Okay.
[01:35:05.860 --> 01:35:22.860]  Now that would mean any action relating to the alleged cause. That includes the 15.17. That includes the setting of a pretrial hearing. That includes a pretrial hearing. That includes setting of a trial and an actual trial.
[01:35:22.860 --> 01:35:31.860]  Anything they do to further the case absolutely must constitute a proceeding.
[01:35:31.860 --> 01:35:43.860]  It includes one more thing. Your appearance at the court for the purpose of going before a magistrate.
[01:35:43.860 --> 01:35:59.860]  And that is exactly what you already did. I suggest if you go back, don't ask the clerk anything. Give her a written request.
[01:35:59.860 --> 01:36:14.860]  And you file a motion in the case to dismiss for lack of subject matter jurisdiction and give the clerk a request for all records currently in your file.
[01:36:14.860 --> 01:36:15.860]  Okay.
[01:36:15.860 --> 01:36:20.860]  Yeah. Nothing in writing because these guys lie like dogs.
[01:36:20.860 --> 01:36:21.860]  Of course.
[01:36:21.860 --> 01:36:27.860]  So everything in writing indicates a lie about it.
[01:36:27.860 --> 01:36:33.860]  Be aware that you only need the stuff that's in the file for your own reference.
[01:36:33.860 --> 01:36:34.860]  Okay.
[01:36:34.860 --> 01:36:42.860]  What we want to prove first and foremost is two things. One, the court lacks subject matter jurisdiction for multiple reasons.
[01:36:42.860 --> 01:36:43.860]  Two, the reason...
[01:36:43.860 --> 01:36:44.860]  Wait, wait, wait.
[01:36:44.860 --> 01:36:46.860]  What?
[01:36:46.860 --> 01:36:48.860]  You don't care. What they give you?
[01:36:48.860 --> 01:36:55.860]  The purpose of the request is to get the court to say we don't have it.
[01:36:55.860 --> 01:36:56.860]  I agree.
[01:36:56.860 --> 01:37:01.860]  So the clerk said it with her lips. You get the court to say it with a written document.
[01:37:01.860 --> 01:37:06.860]  I agree. That's what I'm saying. What you get from the court is only for your information.
[01:37:06.860 --> 01:37:11.860]  It doesn't do anything else except give you a way to show what was there when you appeared.
[01:37:11.860 --> 01:37:12.860]  Right.
[01:37:12.860 --> 01:37:13.860]  Okay.
[01:37:13.860 --> 01:37:21.860]  So the two things you want is to deprive the court of jurisdiction and show the reasons why the court lacks that jurisdiction.
[01:37:21.860 --> 01:37:29.860]  Okay. The way you do that is one, they have not provided you with notice according to the statutes I mentioned at the beginning here.
[01:37:29.860 --> 01:37:30.860]  Okay.
[01:37:30.860 --> 01:37:31.860]  Okay.
[01:37:31.860 --> 01:37:37.860]  They have failed to provide you proper, sufficient, and timely notice as required by law in your right of due process.
[01:37:37.860 --> 01:37:43.860]  Two, you are not engaged in a regular activity over which state has any regular authority.
[01:37:43.860 --> 01:37:51.860]  Therefore, they lack not only in personum jurisdiction due to lack of notice, thus translating into lack of subject matter,
[01:37:51.860 --> 01:37:59.860]  they straight out lack subject matter because they have no evidence the regular activity was something you were engaging in to begin with.
[01:37:59.860 --> 01:38:00.860]  Right.
[01:38:00.860 --> 01:38:05.860]  But you do all of that in writing. Your motion can document each of those things.
[01:38:05.860 --> 01:38:11.860]  It's simply a motion to dismiss. Make sure it's filed as a special appearance.
[01:38:11.860 --> 01:38:12.860]  Right.
[01:38:12.860 --> 01:38:15.860]  Okay. Special appearance and motion to dismiss.
[01:38:15.860 --> 01:38:25.860]  And you're going to state the reasons in there is the court lacks in personum jurisdiction for failure to provide notice under the provisions of that list of statutes.
[01:38:25.860 --> 01:38:33.860]  The court lacks subject matter jurisdiction as state has no evidence of a regular activity over which state has regular authority.
[01:38:33.860 --> 01:38:34.860]  Right.
[01:38:34.860 --> 01:38:36.860]  Okay.
[01:38:36.860 --> 01:38:39.860]  Then, of course, you're going to file that.
[01:38:39.860 --> 01:38:47.860]  Do not. Do not ever, ever, people, don't ask the court for the complaint.
[01:38:47.860 --> 01:38:52.860]  Don't ask the court for it. Just ask for what's in the record.
[01:38:52.860 --> 01:38:53.860]  Got it.
[01:38:53.860 --> 01:38:58.860]  Okay. Don't ever blow the whistle on yourself by saying, where's my complaint?
[01:38:58.860 --> 01:39:00.860]  Right.
[01:39:00.860 --> 01:39:07.860]  They're the ones required to know what the law requires them to file. Stop doing their job for them.
[01:39:07.860 --> 01:39:08.860]  Okay.
[01:39:08.860 --> 01:39:12.860]  So just ask for your record.
[01:39:12.860 --> 01:39:13.860]  Okay.
[01:39:13.860 --> 01:39:17.860]  Okay. See if there's a complaint in it.
[01:39:17.860 --> 01:39:18.860]  Uh-huh.
[01:39:18.860 --> 01:39:32.860]  Now, here's the thing. If you've complied with the notice to appear, then that will also arguably constitute a proceeding in the prosecution.
[01:39:32.860 --> 01:39:41.860]  The only problem it gives us is the use of the terminology in the statute where it says under that complaint.
[01:39:41.860 --> 01:39:48.860]  Well, if they haven't generated the complaint, then are you under it when they conducted this proceeding?
[01:39:48.860 --> 01:39:49.860]  Right.
[01:39:49.860 --> 01:39:53.860]  That's going to be a legal argument that has to be made one way or the other.
[01:39:53.860 --> 01:40:12.860]  But the fact of the matter is the citation being issued by an executive officer, the legislature through the transportation code attempted to grant an executive officer a judicial power to summon to court and initiate a judicial proceeding.
[01:40:12.860 --> 01:40:31.860]  That's all that notice to appear is attempting to do is to act as an initial summons, which is a judicial process. It cannot be created and served and be a due process anything if it violates the separation of powers requirement.
[01:40:31.860 --> 01:40:32.860]  Uh-huh.
[01:40:32.860 --> 01:40:46.860]  So the notice to appear on the citation is blatantly illegal on its face because it's summoning you to appear in court as if there is some judicial proceeding being initiated by the issuance of the citation.
[01:40:46.860 --> 01:40:47.860]  Right.
[01:40:47.860 --> 01:40:52.860]  An executive officer cannot initiate a judicial proceeding.
[01:40:52.860 --> 01:40:54.860]  Okay.
[01:40:54.860 --> 01:41:07.860]  So as you can see, there are, Lord, there is an unlimited supply of idiocy in the process they've set up for handling fine-only misdemeanors.
[01:41:07.860 --> 01:41:08.860]  Right.
[01:41:08.860 --> 01:41:32.860]  Now, part two is what if there's one there? And as I suspect that it will be, and I'm going to try to take another shot at this, at this case, which is why I wasn't all that annoyed at getting the ticket is I'm going to try this again.
[01:41:32.860 --> 01:41:38.860]  And that is if the complainant is the city attorney or city prosecutor.
[01:41:38.860 --> 01:41:41.860]  Well, they won't be the complainant.
[01:41:41.860 --> 01:41:51.860]  If they sign it, then they ought, then you need to have it quashed immediately. The prosecutor for the state can never be the one that signs the complain as the affiant.
[01:41:51.860 --> 01:41:59.860]  That's, that's correct. We both know that and we both know that this went all the way to court of criminal appeals and they wouldn't touch it.
[01:41:59.860 --> 01:42:02.860]  That's Kennedy v. State address that.
[01:42:02.860 --> 01:42:08.860]  That's right. That's Kennedy.
[01:42:08.860 --> 01:42:09.860]  Okay.
[01:42:09.860 --> 01:42:12.860]  From municipal court all the way to...
[01:42:12.860 --> 01:42:23.860]  Okay. You're talking of a different issue. You're talking of the city attorney's ability to prosecute in the name of the state versus his ability to be the complainant.
[01:42:23.860 --> 01:42:25.860]  We're talking Kennedy v. State.
[01:42:25.860 --> 01:42:30.860]  I know what the case is. He's talking, but he's mixing his questions here.
[01:42:30.860 --> 01:42:31.860]  Oh, okay.
[01:42:31.860 --> 01:42:40.860]  Maybe, maybe it's, I'm not being that clear. If the city attorney is the affiant on the complaint.
[01:42:40.860 --> 01:42:43.860]  He can't be the affiant. That's the point.
[01:42:43.860 --> 01:42:48.860]  That's right. We both know that, but they always are in municipal court.
[01:42:48.860 --> 01:42:49.860]  No, they're not.
[01:42:49.860 --> 01:42:50.860]  No, they're not.
[01:42:50.860 --> 01:42:56.860]  The clerk of the court, the clerk of the court or the cop is the affiant.
[01:42:56.860 --> 01:42:57.860]  Okay.
[01:42:57.860 --> 01:43:04.860]  The prosecutor can be the witness. He can verify the signature, but he can't be the affiant.
[01:43:04.860 --> 01:43:05.860]  Well...
[01:43:05.860 --> 01:43:10.860]  Okay. One thing, you may be mixing up an information with a complaint.
[01:43:10.860 --> 01:43:17.860]  An information looks just like a complaint, but it's signed by the prosecutor.
[01:43:17.860 --> 01:43:18.860]  Right.
[01:43:18.860 --> 01:43:25.860]  He creates an information based on a complaint because the complaint is intended to be prepared
[01:43:25.860 --> 01:43:29.860]  by a non-learning counsel.
[01:43:29.860 --> 01:43:30.860]  Right.
[01:43:30.860 --> 01:43:33.860]  So it's not filled to the same strict standards.
[01:43:33.860 --> 01:43:40.860]  When the prosecutor gets a complaint, he needs to write an information, maybe still in the complaint.
[01:43:40.860 --> 01:43:43.860]  So it meets all the requirements, but they look just alike.
[01:43:43.860 --> 01:43:46.860]  Except one says complaint, one says information.
[01:43:46.860 --> 01:43:48.860]  Okay.
[01:43:48.860 --> 01:43:49.860]  Okay.
[01:43:49.860 --> 01:43:51.860]  Hang on. We're about to go to break.
[01:43:51.860 --> 01:43:52.860]  I'll hang on.
[01:43:52.860 --> 01:43:53.860]  This is...
[01:43:53.860 --> 01:43:54.860]  Alright, Mike. Hang on.
[01:43:54.860 --> 01:43:58.860]  This is ready to count the damage teams in grade, blue boy radio.
[01:43:58.860 --> 01:44:05.860]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy,
[01:44:05.860 --> 01:44:08.860]  and neither is finding like-minded people to share it with.
[01:44:08.860 --> 01:44:11.860]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:44:11.860 --> 01:44:12.860]  Brave New Books?
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[01:44:27.860 --> 01:44:31.860]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:31.860 --> 01:44:35.860]  Oh, by UT? There's never anywhere to park down there.
[01:44:35.860 --> 01:44:41.860]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility
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[01:46:21.860 --> 01:46:29.860]  Hi folks, we are back rule of law radio, calling number 512-646-1984.
[01:46:29.860 --> 01:46:34.860]  Right now, we are talking about a traffic issue with Mike.
[01:46:34.860 --> 01:46:36.860]  Mike, let's continue on, please.
[01:46:36.860 --> 01:46:44.860]  Okay, yeah, what I was saying was, I think you may remember who I am.
[01:46:44.860 --> 01:46:54.860]  And this was, we had discussed my case about a year ago, which was the same exact thing.
[01:46:54.860 --> 01:47:04.860]  A city prosecutor was the applicant on the complaint, and it was refused.
[01:47:04.860 --> 01:47:14.860]  The judges refused to hear it at municipal courts, at county courts, at court of appeals, and court of criminal appeals.
[01:47:14.860 --> 01:47:19.860]  They all basically just said, we're not listening to this.
[01:47:19.860 --> 01:47:27.860]  And so, you know, and there's nothing that I was really able to do.
[01:47:27.860 --> 01:47:34.860]  They just all basically said, you know, there's no, I was questioning jurisdiction because of that, and they just basically said,
[01:47:34.860 --> 01:47:44.860]  we don't recognize that the judge at county court basically said, I don't have the authority to determine this.
[01:47:44.860 --> 01:47:46.860]  This is an appellate decision.
[01:47:46.860 --> 01:47:54.860]  And the appellate courts basically said, you don't have jurisdiction to question jurisdiction.
[01:47:54.860 --> 01:47:59.860]  You don't have jurisdiction, or you don't have standing to question jurisdiction.
[01:47:59.860 --> 01:48:00.860]  I'm sorry.
[01:48:00.860 --> 01:48:05.860]  I got a little confused there, talking a little fast.
[01:48:05.860 --> 01:48:22.860]  They didn't, well, first the court of appeal said they didn't have jurisdiction to deal with it because it was a fine under $100,
[01:48:22.860 --> 01:48:32.860]  it was not a question on the constitutionality of the statute, although it was a constitutional question of the way it was being applied.
[01:48:32.860 --> 01:48:40.860]  And then court of criminal appeals basically just threw it out with no comment.
[01:48:40.860 --> 01:48:42.860]  Okay.
[01:48:42.860 --> 01:48:54.860]  So, like I said, that's what I'm trying to do is, you know, make another run at this because, you know, that was the thing I was trying to do was get that adjudicated
[01:48:54.860 --> 01:49:05.860]  because there are a significant number of municipal courts where the city attorney or prosecutor is the affiant on the complaint,
[01:49:05.860 --> 01:49:08.860]  which we all know you can't do.
[01:49:08.860 --> 01:49:18.860]  And so that was just my next question was if they did come up with a complaint and that was the way it was styled.
[01:49:18.860 --> 01:49:20.860]  You know, how do we take a different run at this?
[01:49:20.860 --> 01:49:37.860]  You should look at filing criminal charges against the prosecutor for official misconduct or official oppression for exerting or purporting to exerting authority does not expressly have.
[01:49:37.860 --> 01:49:49.860]  In this case, he exerted the authority to act as a credible person on a criminal accusation, which he would subsequently prosecute.
[01:49:49.860 --> 01:49:52.860]  That's what Kennedy v. State goes to.
[01:49:52.860 --> 01:49:56.860]  Yeah, not to mention the separation of powers problem.
[01:49:56.860 --> 01:49:57.860]  Right.
[01:49:57.860 --> 01:50:01.860]  In order to in order to know this doesn't go to separation of powers.
[01:50:01.860 --> 01:50:02.860]  Yeah, it does.
[01:50:02.860 --> 01:50:09.860]  The judicial cannot be the executor of the complaint they're going to prosecute.
[01:50:09.860 --> 01:50:12.860]  The initiation of the complaint is an executive function.
[01:50:12.860 --> 01:50:15.860]  It's not a judicial function.
[01:50:15.860 --> 01:50:17.860]  No, it is not.
[01:50:17.860 --> 01:50:18.860]  Wait a minute.
[01:50:18.860 --> 01:50:19.860]  Hold on here.
[01:50:19.860 --> 01:50:27.860]  The initiative, the initiation of the complaint is a private function to be done by a private citizen.
[01:50:27.860 --> 01:50:31.860]  The complaint is not initiated by a public official.
[01:50:31.860 --> 01:50:35.860]  No one initiates a complaint in their official capacity.
[01:50:35.860 --> 01:50:39.860]  They issue it in their private personal capacity.
[01:50:39.860 --> 01:50:44.860]  And in order to do so, they must be defined as a credible person.
[01:50:44.860 --> 01:50:45.860]  Right.
[01:50:45.860 --> 01:50:53.860]  And that's what makes it executive because the private citizens can't act in a judicial or legislative side of government.
[01:50:53.860 --> 01:51:02.860]  The private citizen can't act in an executive capacity, either he acts as a sovereign.
[01:51:02.860 --> 01:51:04.860]  He doesn't have that capacity.
[01:51:04.860 --> 01:51:06.860]  He doesn't need one.
[01:51:06.860 --> 01:51:19.860]  And what Kennedy v. State said was in the matter of, in order to avoid the obvious evils of the accumulation of power in one office,
[01:51:19.860 --> 01:51:28.860]  for the purpose of filing a criminal complaint, the prosecuting attorney is not a credible person.
[01:51:28.860 --> 01:51:34.860]  And the statute says that a complaint must be filed by a credible person.
[01:51:34.860 --> 01:51:44.860]  And a credible person is defined as a person over 18, never confused with a felony except for the special case of a prosecutor who's going to prosecute.
[01:51:44.860 --> 01:51:46.860]  He's not credible.
[01:51:46.860 --> 01:51:47.860]  Right.
[01:51:47.860 --> 01:51:53.860]  He would normally file that complaint in his private personal capacity.
[01:51:53.860 --> 01:52:02.860]  But because in this special case, he cannot be a credible person, he can't act in his personal capacity.
[01:52:02.860 --> 01:52:12.860]  This is important to understand because if you have a complaint you want to file, you're going to be directed to the police.
[01:52:12.860 --> 01:52:17.860]  And I've said, absolutely not, I'm not going to the police.
[01:52:17.860 --> 01:52:22.860]  There is nothing in law that directs a complaint to the police.
[01:52:22.860 --> 01:52:23.860]  Right.
[01:52:23.860 --> 01:52:34.860]  All complaints are directed to some magistrate, whether the complaint be filed by a private citizen directly,
[01:52:34.860 --> 01:52:41.860]  or if the complaint is presented to the prosecuting attorney, which the police normally do.
[01:52:41.860 --> 01:52:50.860]  Prosecutor is required to forward the complaint to some magistrate.
[01:52:50.860 --> 01:52:57.860]  Everything directs a complaint to a magistrate, not to any police department.
[01:52:57.860 --> 01:53:05.860]  So we're not stuck with the cops deciding what complaints they'll file and what complaints they won't file.
[01:53:05.860 --> 01:53:12.860]  We don't file it in a judicial capacity, we file it in our private capacity to the citizen, which cannot be restricted.
[01:53:12.860 --> 01:53:13.860]  Okay.
[01:53:13.860 --> 01:53:14.860]  And the prosecutor can't do it.
[01:53:14.860 --> 01:53:16.860]  That's my story and I'm sticking to it.
[01:53:16.860 --> 01:53:17.860]  All right.
[01:53:17.860 --> 01:53:23.860]  The one last question is on filing criminal charges against the prosecutor.
[01:53:23.860 --> 01:53:27.860]  How many people have been successful at that?
[01:53:27.860 --> 01:53:29.860]  Who cares?
[01:53:29.860 --> 01:53:32.860]  Oh, we don't expect to get the prosecutor.
[01:53:32.860 --> 01:53:35.860]  And I hear anything like that.
[01:53:35.860 --> 01:53:37.860]  That's not what this does.
[01:53:37.860 --> 01:53:38.860]  Okay.
[01:53:38.860 --> 01:53:41.860]  Can you file against the prosecutor?
[01:53:41.860 --> 01:53:44.860]  You take that to some magistrate.
[01:53:44.860 --> 01:53:48.860]  I prefer to keep justice in the Supreme.
[01:53:48.860 --> 01:53:52.860]  That is a logical place for you to go.
[01:53:52.860 --> 01:53:53.860]  Uh-huh.
[01:53:53.860 --> 01:53:56.860]  Because you are the sovereign.
[01:53:56.860 --> 01:53:57.860]  Okay.
[01:53:57.860 --> 01:54:00.860]  And the sovereign goes to the next in command.
[01:54:00.860 --> 01:54:03.860]  That's the Chief Justice.
[01:54:03.860 --> 01:54:12.860]  And when you send a complaint against the prosecutor to the Chief Justice, I can pretty well guarantee you what you're going to get.
[01:54:12.860 --> 01:54:17.860]  You're going to get this very pleasant, very professional letter from the Chief Justice telling you, baby,
[01:54:17.860 --> 01:54:23.860]  thanks you for your letter to him and we appreciate your interest and concern.
[01:54:23.860 --> 01:54:28.860]  But you really shouldn't file this with some police department.
[01:54:28.860 --> 01:54:33.860]  So that the policing agency can investigate it to your accusation.
[01:54:33.860 --> 01:54:36.860]  And you're going to say, well, thank you very much.
[01:54:36.860 --> 01:54:38.860]  That it's very nice of you.
[01:54:38.860 --> 01:54:50.860]  And then you file criminal charges with the District Attorney against the Chief Justice of the Supreme for misbeisance in office.
[01:54:50.860 --> 01:54:53.860]  This goes to politics.
[01:54:53.860 --> 01:54:54.860]  Okay.
[01:54:54.860 --> 01:55:00.860]  You file that with the District Attorney.
[01:55:00.860 --> 01:55:05.860]  And he's going to do what we call our little chicken dance.
[01:55:05.860 --> 01:55:14.860]  He's going to be a shifted from one foot to the other and giving you the song and dance about how you should file this with the police department,
[01:55:14.860 --> 01:55:16.860]  just like the Chief Justice said.
[01:55:16.860 --> 01:55:22.860]  If he does that, so you want to touch my tar baby too, do you?
[01:55:22.860 --> 01:55:24.860]  That'll work for you.
[01:55:24.860 --> 01:55:28.860]  And what will happen if you take this to you?
[01:55:28.860 --> 01:55:32.860]  I suggest you don't take it personally, that you send it by mail.
[01:55:32.860 --> 01:55:39.860]  Because if you take it personally, what they will do is send out an investigator.
[01:55:39.860 --> 01:55:43.860]  And to talk to you and he's not a prosecuting attorney.
[01:55:43.860 --> 01:55:44.860]  Right.
[01:55:44.860 --> 01:55:53.860]  So what I do to handle that guy is you make up a complaint, you make up two complaints.
[01:55:53.860 --> 01:56:00.860]  You make up one complaint, take it to a notary and have your signature verified.
[01:56:00.860 --> 01:56:04.860]  And you make up another one and don't verify it.
[01:56:04.860 --> 01:56:05.860]  Yep.
[01:56:05.860 --> 01:56:16.860]  So when the investigator comes out to take your statement, you hand him, we ask him, are you a certified police officer?
[01:56:16.860 --> 01:56:18.860]  And they'll always say, well, yes, I am.
[01:56:18.860 --> 01:56:19.860]  Well, good.
[01:56:19.860 --> 01:56:24.860]  Here, I need you to verify this in accordance with your duty as a police officer.
[01:56:24.860 --> 01:56:28.860]  I will swear to it and I want you to verify my signature on it.
[01:56:28.860 --> 01:56:34.860]  And he's going to look at a criminal complaint against the Chief Justice and he's going to get apoplexy.
[01:56:34.860 --> 01:56:39.860]  And he's going to run back to the district attorney.
[01:56:39.860 --> 01:56:42.860]  That's when you get a prosecutor.
[01:56:42.860 --> 01:56:48.860]  And when he comes out, he's going to say, well, we can't verify this.
[01:56:48.860 --> 01:56:49.860]  You see, that's okay.
[01:56:49.860 --> 01:56:52.860]  Here, I got this one.
[01:56:52.860 --> 01:56:56.860]  That's when they know they've been set up.
[01:56:56.860 --> 01:57:00.860]  If you want them to know they've been set up.
[01:57:00.860 --> 01:57:01.860]  Yeah.
[01:57:01.860 --> 01:57:06.860]  Because it's always worse what you might do.
[01:57:06.860 --> 01:57:10.860]  Don't expect to get anybody indicted.
[01:57:10.860 --> 01:57:15.860]  But do expect to scare the crap-ola out of them.
[01:57:15.860 --> 01:57:17.860]  Okay.
[01:57:17.860 --> 01:57:21.860]  You are not going to frighten these public officials.
[01:57:21.860 --> 01:57:28.860]  What you will do is create cannon fodder for their political enemies.
[01:57:28.860 --> 01:57:30.860]  Right.
[01:57:30.860 --> 01:57:34.860]  I got all of the highest judges in Texas, the court of criminal appeals you're talking about,
[01:57:34.860 --> 01:57:37.860]  putting four out of the grand jury this way.
[01:57:37.860 --> 01:57:40.860]  They were actually presented.
[01:57:40.860 --> 01:57:47.860]  I didn't get indicted, but the grand jury held my complaints from their first day in office
[01:57:47.860 --> 01:57:50.860]  until their last day in office.
[01:57:50.860 --> 01:57:51.860]  Right.
[01:57:51.860 --> 01:57:56.860]  And I thought it was my eloquent oratory and all the pressure I put on them.
[01:57:56.860 --> 01:57:58.860]  It was none of that.
[01:57:58.860 --> 01:58:01.860]  It was Ron Earl, that dirty rock scoundrel.
[01:58:01.860 --> 01:58:04.860]  He wasn't running for office again.
[01:58:04.860 --> 01:58:05.860]  He was a Democrat.
[01:58:05.860 --> 01:58:06.860]  They would repudiate him.
[01:58:06.860 --> 01:58:12.860]  Trump tried to take him out with him and he used my complaints as a cannon fodder.
[01:58:12.860 --> 01:58:15.860]  That's what makes us scared.
[01:58:15.860 --> 01:58:16.860]  All right.
[01:58:16.860 --> 01:58:17.860]  Hang on.
[01:58:17.860 --> 01:58:18.860]  This is Randy Kelton.
[01:58:18.860 --> 01:58:22.860]  David Stevens and Craig with the radio.
[01:58:22.860 --> 01:58:24.860]  I call in numbers.
[01:58:24.860 --> 01:58:25.860]  Nine.
[01:58:25.860 --> 01:58:27.860]  Five, one, two.
[01:58:27.860 --> 01:58:29.860]  Six, four, six, nineteen, eight, four.
[01:58:29.860 --> 01:58:32.860]  We go into our top of the hour break.
[01:58:32.860 --> 01:58:35.860]  We'll come back with the finish up with Michael.
[01:58:35.860 --> 01:58:38.860]  We come back and we have John and Johan.
[01:58:38.860 --> 01:58:39.860]  We see you there on the board.
[01:58:39.860 --> 01:58:41.860]  Thank you for holding us along.
[01:58:41.860 --> 01:58:45.860]  We'll take your calls when we get back.
[01:58:45.860 --> 01:58:46.860]  Thank you for listening.
[01:58:46.860 --> 01:58:49.860]  We'll be right back.
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