[00:00.000 --> 00:10.560]  You are listening to the Liberty Beats, your daily source for Liberty News and activist
[00:10.560 --> 00:16.440]  updates online at thelibertybeats.com.
[00:16.440 --> 00:20.480]  John Bush here with your Liberty Beats for February 4th, 2013.
[00:20.480 --> 00:29.560]  Gold open today at $1,670, Silver's trading at $31.59 and Bitcoin is selling for $20.50.
[00:29.560 --> 00:34.080]  Today's edition of the Liberty Beats is sponsored by Central Texas Gun Works, specialized in
[00:34.080 --> 00:38.840]  handgun defense training, concealed handgun license forces, and firearm sales.
[00:38.840 --> 00:41.520]  Online at centraltexasgunworks.com.
[00:41.520 --> 00:44.480]  And now the news.
[00:44.480 --> 00:48.640]  From the Daily Caller, in a statement Monday, the Vatican called for major reforms in the
[00:48.640 --> 00:53.600]  world financial system, asking for a global public authority to rule over institutions
[00:53.600 --> 00:58.640]  responsible for inequalities and distortions of capitalist development.
[00:58.640 --> 01:03.280]  Considered by the Pontifical Council for Justice and Peace, the 41-page document, entitled
[01:03.280 --> 01:07.960]  Towards Reforming the International Financial and Monetary Systems in the Context of Global
[01:07.960 --> 01:12.720]  Public Authority, emphasized the need for a global monetary policy body removed from
[01:12.720 --> 01:13.720]  national interest.
[01:13.720 --> 01:18.480]  The statement even listed specific reforms, including attacks on financial transactions
[01:18.480 --> 01:23.760]  and making bailouts conditional on virtuous behavior from banks.
[01:23.760 --> 01:28.200]  From Bloomberg.com, greater demand for virtual currencies could have a negative impact on
[01:28.200 --> 01:32.200]  the reputation of central banks according to a report published by the European Central
[01:32.200 --> 01:35.080]  Bank in October last year.
[01:35.080 --> 01:39.480]  Since the report was released, Bitcoin has risen more than 55 percent against the dollar
[01:39.480 --> 01:42.080]  and the use of currency has surged.
[01:42.080 --> 01:49.240]  In the past 12 months, Bitcoin has more than doubled, strengthening to $16.37 from $5.88
[01:49.240 --> 01:53.880]  according to data from mt.gox, the world's largest Bitcoin exchange.
[01:53.880 --> 01:58.280]  The money issued by a decentralized network of computers has recovered after falling to
[01:58.280 --> 02:05.040]  $2.14 in November 2011 from a high of $29.58 five months earlier.
[02:05.040 --> 02:10.400]  An increase in the value of Bitcoin, the world's largest online currency, may fuel concerns
[02:10.400 --> 02:15.840]  that virtual money could undermine the role of central banks.
[02:15.840 --> 02:19.880]  Former brokerage customers of MF Global could fully recover cash that was frozen when the
[02:19.880 --> 02:24.760]  trading firm collapsed according to the bankruptcy trustee in the Chapter 11 case.
[02:24.760 --> 02:29.960]  The projection is based on the latest analysis of recoverable assets available in MF Global's
[02:29.960 --> 02:35.680]  bankruptcy versus pending claims the trustee former FBI director Louis French said in a
[02:35.680 --> 02:39.240]  court filing on Saturday.
[02:39.240 --> 02:44.600]  The Liberty Beat is sponsored by Sovereign Living, illuminating your path to self-sufficiency
[02:44.600 --> 02:50.480]  online at sovereignliving.tv and by Brave New Books specializing in suppressed books,
[02:50.480 --> 03:16.480]  DVDs and Liberty meetings online at bravenewbookstore.com.
[03:50.480 --> 03:51.480]  Folks, good evening.
[03:51.480 --> 03:55.760]  This is the Monday Night Rule of Law traffic show with your host Eddie Crash.
[03:55.760 --> 03:59.080]  It is February 4th, 2013.
[03:59.080 --> 04:05.680]  We are live tonight, such as that means to anybody out there.
[04:05.680 --> 04:10.280]  I would like to kind of go over a scenario that we had in the class down at Brave New
[04:10.280 --> 04:12.880]  Books yesterday.
[04:12.880 --> 04:21.200]  A young lady came into class that was issued a traffic citation by a female officer.
[04:21.200 --> 04:28.320]  Now according to the description of events, the young lady was sitting outside of the
[04:28.320 --> 04:33.720]  front of her house in a car with another person.
[04:33.720 --> 04:37.080]  I don't know who it was or whatever.
[04:37.080 --> 04:40.600]  They had just come back from somewhere and they were just sitting there talking and a
[04:40.600 --> 04:47.480]  police officer approaches the car and tells them to get out.
[04:47.480 --> 04:52.880]  And then starts accosting them wanting to know what they're doing there and all this
[04:52.880 --> 04:58.360]  kind of stuff and had absolutely no probable cause to approach the car, though they did
[04:58.360 --> 05:05.600]  state that there was several car break-ins in the vicinity as of late, which was probably
[05:05.600 --> 05:08.360]  a fabrication in and of itself.
[05:08.360 --> 05:12.600]  But that was the excuse the officer used for approaching the car.
[05:12.600 --> 05:18.160]  But once the officer found out or should the officer have found out that these people,
[05:18.160 --> 05:22.920]  this was their car, it was her house, and so on and so forth, that should have ended
[05:22.920 --> 05:26.600]  the encounter, but it didn't.
[05:26.600 --> 05:35.520]  What occurred next was the officer proceeded to search both this young lady and the car
[05:35.520 --> 05:39.240]  absent any sort of probable cause.
[05:39.240 --> 05:47.520]  And without telling the young lady anything about her finding anything or being issued
[05:47.520 --> 05:53.720]  a ticket or anything like that, the young lady says the next day she found two tickets
[05:53.720 --> 05:56.160]  stuffed inside of her purse.
[05:56.160 --> 06:00.760]  Now, she hadn't signed the ticket, she'd never even seen the tickets until she found
[06:00.760 --> 06:03.280]  them.
[06:03.280 --> 06:08.640]  And on these tickets, there's some interesting information.
[06:08.640 --> 06:17.240]  The actual citation that's printed off the hand-held citation machine contains a signature
[06:17.240 --> 06:20.520]  that in no way, shape or form, matches that of the young lady.
[06:20.520 --> 06:25.680]  I know this because she brought her passport to class and I compared the signatures.
[06:25.680 --> 06:27.360]  They're nowhere near the same.
[06:27.360 --> 06:31.360]  It's not even the same name that's used in the signature.
[06:31.360 --> 06:34.080]  But the signature alone is not the issue.
[06:34.080 --> 06:40.880]  The issue is what's written right above that signature and it says that there was a search
[06:40.880 --> 06:51.280]  conducted of the car without probable cause, but that consent was given by the owner of
[06:51.280 --> 06:58.920]  the car via the signature below, but it wasn't the young lady's signature.
[06:58.920 --> 07:10.800]  So what this officer did was falsified a government document and planted it in this young lady's
[07:10.800 --> 07:15.640]  purse, which means she actually had to enter her purse to do that.
[07:15.640 --> 07:24.680]  The officer conducted an illegal search and seizure and during this found a pill bottle,
[07:24.680 --> 07:29.760]  a prescription pill bottle in the young lady's purse that was, you know, I'm assuming it's
[07:29.760 --> 07:32.320]  hers, I didn't ask details about the pill bottle.
[07:32.320 --> 07:40.440]  But the officer says smelled like marijuana, a pill bottle that smelled like marijuana.
[07:40.440 --> 07:48.400]  Now the reason I bring this scenario up is because there's some thinking that we need
[07:48.400 --> 07:55.720]  to be doing when we enter a courtroom and have to contend with these fabricated or non-fabricated
[07:55.720 --> 08:03.080]  situations that these officers are creating in order to drum up business.
[08:03.080 --> 08:06.680]  And believe me, that's all they're doing is they're going out and drumming up business
[08:06.680 --> 08:10.440]  by writing fabricated citations.
[08:10.440 --> 08:13.680]  Now get this, she issued a traffic citation.
[08:13.680 --> 08:19.520]  The citation says the purpose of the encounter or the original reason for the encounter was
[08:19.520 --> 08:22.160]  a traffic stop.
[08:22.160 --> 08:28.120]  But the young lady had been parked in front of her house for 15 or 20 minutes before the
[08:28.120 --> 08:31.400]  cops ever even arrived at the scene.
[08:31.400 --> 08:36.480]  They were just patrolling around in their car and came across these two sitting in the
[08:36.480 --> 08:38.720]  car in front of the house.
[08:38.720 --> 08:45.080]  There was no traffic stop, there was no probable cause to approach the car.
[08:45.080 --> 08:51.520]  So again, there's a false statement made in a government document that the purpose of
[08:51.520 --> 08:57.280]  the encounter was based on a traffic stop that never happened.
[08:57.280 --> 09:04.120]  And even if it had happened, the officer has admitted that they conducted all proceedings
[09:04.120 --> 09:06.560]  without probable cause.
[09:06.560 --> 09:13.720]  Or if there was no probable cause, then there also was no traffic offense on which to base
[09:13.720 --> 09:14.800]  the stop.
[09:14.800 --> 09:18.200]  It's that simple.
[09:18.200 --> 09:25.360]  At least it is to anybody with half a brain, which I'm pretty sure these people will obviously
[09:25.360 --> 09:28.600]  have less than that.
[09:28.600 --> 09:33.000]  But that being said, these are the basic parameters of the scenario.
[09:33.000 --> 09:40.560]  And the reason I'm bringing it up is to try to incite some examination of your own for
[09:40.560 --> 09:46.160]  you folks that are out there listening, that what I would like for you to do is to conduct
[09:46.160 --> 09:52.560]  an experiment to see exactly how well prepared you think you would be to take such a case
[09:52.560 --> 10:00.040]  to court if you were this young lady having to contend with what this officer did.
[10:00.040 --> 10:07.240]  So what I would like for you to do while we're sitting here talking and everything about this
[10:07.240 --> 10:13.240]  is to prepare a defense.
[10:13.240 --> 10:19.000]  What type of things should you be attempting to get your hands on?
[10:19.000 --> 10:25.080]  What information, who is it in possession of, in the possession of?
[10:25.080 --> 10:28.280]  How do you go about getting it from them?
[10:28.280 --> 10:34.280]  What specifically do you hope the information you're looking for can be used to prove one
[10:34.280 --> 10:38.240]  way or the other certain facts about the case?
[10:38.240 --> 10:45.600]  What are the facts about the case that you need to bring up in order to defend yourself?
[10:45.600 --> 10:52.280]  And then I would like for you to take what you believe the information would prove if
[10:52.280 --> 10:59.200]  you were in this situation and use that to formulate a cross examination of the state's
[10:59.200 --> 11:07.120]  witness i.e. this officer once they're on the stand and the state has had the officer
[11:07.120 --> 11:11.760]  testify or for their version of events.
[11:11.760 --> 11:20.040]  How would you direct your cross examination in order to prove that the officer fabricated
[11:20.040 --> 11:33.080]  the citation, fabricated a presumed traffic stop, conducted an illegal search, discovered
[11:33.080 --> 11:40.960]  what they allege was drug paraphernalia, which it's a prescription pill bottle with the young
[11:40.960 --> 11:45.800]  lady's name on it, therefore there's no way that's drug paraphernalia.
[11:45.800 --> 11:54.400]  So the officer concocted the harebrained suggestion that the pill bottle smells like marijuana.
[11:54.400 --> 12:04.520]  So obviously the officer must consider herself a dog if she's capable of sniffing out drugs
[12:04.520 --> 12:08.280]  without canine assistance.
[12:08.280 --> 12:16.120]  So how would you go about discrediting her and her testimony and suppressing her evidence,
[12:16.120 --> 12:21.640]  her presumed evidence and anything else related to the illegal search and seizure, which it
[12:21.640 --> 12:24.760]  most assuredly was.
[12:24.760 --> 12:32.760]  And how would you get it into the court record that the officer falsified a government document,
[12:32.760 --> 12:38.760]  had under oath, thus committing aggravated perjury and did so with specific malicious
[12:38.760 --> 12:45.800]  intent to harass and prosecute this young lady.
[12:45.800 --> 12:49.840]  Those are the things that I would like for you to be thinking about.
[12:49.840 --> 12:56.440]  And a couple of segments from now, if you think that you could handle this case on your own,
[12:56.440 --> 13:01.920]  I would like for you to call in and let's say, let's start that scenario at the top
[13:01.920 --> 13:02.920]  of the hour.
[13:02.920 --> 13:07.760]  At nine o'clock, we'll start talking about this case.
[13:07.760 --> 13:10.360]  Don't call in before then.
[13:10.360 --> 13:15.560]  Think about it because I don't want to have to rip you a new one, so to speak, if you
[13:15.560 --> 13:18.560]  call in prematurely and you're not prepared.
[13:18.560 --> 13:21.960]  Because I'm not going to hold back on you about how this should be conducted or what
[13:21.960 --> 13:22.960]  you should be thinking about.
[13:22.960 --> 13:30.320]  I'm not saying I'm perfect and I know everything, but I know enough to know if you're going
[13:30.320 --> 13:32.240]  to fall short.
[13:32.240 --> 13:40.800]  I know enough to know that there are particular ways to ask questions and turn and spend their
[13:40.800 --> 13:46.920]  information and testimony back more toward the sunny side of the truth than the dark
[13:46.920 --> 13:51.520]  shaded side of the truth they want to present.
[13:51.520 --> 13:54.600]  So think about that.
[13:54.600 --> 14:01.200]  This will be a good test of your critical thinking and thinking on your feet skills, which when
[14:01.200 --> 14:06.360]  you go into a courtroom to contend with this stuff, you are going to need.
[14:06.360 --> 14:13.040]  Now folks, this is the one thing I keep trying to tell you is that no one can teach you to
[14:13.040 --> 14:14.680]  think outside the box.
[14:14.680 --> 14:17.240]  That's something you have to adapt to yourself.
[14:17.240 --> 14:18.240]  They can suggest it.
[14:18.240 --> 14:23.920]  They can show you the types of ideas that are considered to be outside the box, but
[14:23.920 --> 14:32.320]  you are the one that must eventually take hold and apply all of that to actually do
[14:32.320 --> 14:33.320]  it.
[14:33.320 --> 14:35.800]  Same thing applies to thinking on your feet.
[14:35.800 --> 14:42.120]  Thinking on your feet, there are people that can do it naturally, but most of the time
[14:42.120 --> 14:47.280]  you're going to find that that's a learned skill, but it's a self-learned skill.
[14:47.280 --> 14:50.720]  No one can teach you how to think on your feet.
[14:50.720 --> 14:54.760]  Why? because it's your thought process.
[14:54.760 --> 15:04.920]  You're the one that has to organize your mind, keep your cool, and learn to organize your
[15:04.920 --> 15:13.280]  train of thought so that if you have to deviate in multiple directions, those lines of thought
[15:13.280 --> 15:19.120]  have already been laid out, and no matter where you jump off of one, you can jump right
[15:19.120 --> 15:22.240]  on to the other at the right location.
[15:22.240 --> 15:28.600]  You have to train yourself to organize your thought process to make that happen.
[15:28.600 --> 15:33.640]  People can, and just like the other, people can suggest, try this, try this, try this,
[15:33.640 --> 15:39.120]  but you're the one that still has to put it into practice and make it work, okay?
[15:39.120 --> 15:45.760]  So that's the kind of thing that you've got to consider, and that's why I want you to
[15:45.760 --> 15:50.920]  wait until the top of the hour to start calling in and doing this.
[15:50.920 --> 16:01.080]  So that being said, let's go over the details just once more so everything is in order for
[16:01.080 --> 16:02.840]  you.
[16:02.840 --> 16:09.720]  It is approximately 12 to 1 a.m. in the morning.
[16:09.720 --> 16:16.800]  You are parked in a car with another person, and the car is yours, and you're parked outside
[16:16.800 --> 16:19.120]  of your house.
[16:19.120 --> 16:24.160]  You're not doing anything that would draw any particular unwarranted attention.
[16:24.160 --> 16:27.720]  You're sitting there talking.
[16:27.720 --> 16:32.920]  A police cruiser comes down the street, and before you know it, they're knocking on the
[16:32.920 --> 16:37.440]  window wanting you to get out of the car, and then they're conducting an illegal search
[16:37.440 --> 16:44.280]  of the car without probable cause, without your consent, and basically harassing you,
[16:44.280 --> 16:49.760]  and then silently slipping tickets into your belongings.
[16:49.760 --> 16:50.760]  That's where we are.
[16:50.760 --> 16:51.760]  All right, folks.
[16:51.760 --> 16:56.440]  This is Rule of All Radio 512-646-1984.
[16:56.440 --> 17:22.440]  We'll be right back.
[17:22.440 --> 17:35.760]  All right, folks, we'll be right back.
[17:35.760 --> 17:44.480]  All right, folks, we'll be right back.
[17:44.480 --> 18:00.400]  All right, folks, we'll be right back.
[18:00.400 --> 18:05.680]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[18:49.680 --> 18:59.240]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[18:59.240 --> 19:00.240]  next.
[19:00.240 --> 19:21.240]  Alright folks, we are back.
[19:21.240 --> 19:23.240]  This is rule of law radio.
[19:23.240 --> 19:26.240]  Okay, we have a caller up on the board.
[19:26.240 --> 19:28.240]  This is Rob in New Mexico.
[19:28.240 --> 19:30.240]  Rob, what can we do for you?
[19:30.240 --> 19:33.240]  Well, hey Eddie, I just want to interrupt your story there.
[19:33.240 --> 19:39.160]  I just want to call and talk to you about Kay's traffic citation in the magistrate court
[19:39.160 --> 19:40.160]  here.
[19:40.160 --> 19:45.440]  I wanted to thank you for the help that you've given us and tell you how proud of her I am,
[19:45.440 --> 19:49.320]  how proud of her I think you would have been if you'd been there.
[19:49.320 --> 19:57.560]  We filed our motions in her non-transportation affidavit motion to dismiss objection to non-jury
[19:57.560 --> 20:05.560]  trial objection to the citation acting as a complaint, and she goes in there and they
[20:05.560 --> 20:14.160]  had scheduled a motion hearing to take place just before the non-jury trial.
[20:14.160 --> 20:19.800]  We get up there and I attempt to go up there, the judge wouldn't let me.
[20:19.800 --> 20:24.680]  She told him that I was there as her assistance of counsel, that I was not representing her,
[20:24.680 --> 20:26.720]  that she was representing herself.
[20:26.720 --> 20:34.040]  She had a judicial notice, a pro-state status filed, and the judge told me to go sit down
[20:34.040 --> 20:38.480]  and I asked her if he intended to violate her to write to assistance of counsel and
[20:38.480 --> 20:42.040]  he told me to go sit down or he would have me arrested.
[20:42.040 --> 20:49.720]  So I sat down and he asked her what was in the motion and she told him she wanted to
[20:49.720 --> 20:51.120]  read it into the record.
[20:51.120 --> 20:54.200]  He told her to just tell him what was in it.
[20:54.200 --> 21:00.320]  So she started to tell him what was in it, got about one sentence out, he said, denied.
[21:00.320 --> 21:05.840]  No word yet from the cop, nothing has been filed by the cop except the citation.
[21:05.840 --> 21:10.720]  So the judge proceeded at that point to try to conduct the non-jury trial.
[21:10.720 --> 21:17.840]  My wife objected, the judge continued, my wife objected again and explained to him that
[21:17.840 --> 21:24.280]  she had not been arraigned and that they had no jurisdiction to proceed.
[21:24.280 --> 21:30.160]  There had been nothing done in accordance with New Mexico law.
[21:30.160 --> 21:36.680]  Well, he went ahead and tried to conduct an arraignment at that point which he had 30
[21:36.680 --> 21:40.760]  days from the filing of the citation to do that would have put the deadline at January
[21:40.760 --> 21:41.760]  2nd.
[21:41.760 --> 21:43.280]  This was January 29th.
[21:43.280 --> 21:47.960]  He informed him that he had no authority to conduct an arraignment because that was time
[21:47.960 --> 21:48.960]  barred.
[21:48.960 --> 21:53.160]  He ignored her and continued to try to conduct the arraignment.
[21:53.160 --> 21:54.720]  That's about where we're at now.
[21:54.720 --> 21:57.080]  Nothing has been filed since then.
[21:57.080 --> 22:03.680]  He did acknowledge that she would get a jury trial but that's about it.
[22:03.680 --> 22:04.680]  Okay.
[22:04.680 --> 22:09.400]  And is this an actual judge or an administrative hearing officer?
[22:09.400 --> 22:11.640]  This is a county magistrate.
[22:11.640 --> 22:12.640]  Okay.
[22:12.640 --> 22:13.640]  Good.
[22:13.640 --> 22:21.600]  Then find out what is required to a judicial conduct complaint and disqualify if the same
[22:21.600 --> 22:25.560]  individual is going to be sitting in on any more of her proceedings.
[22:25.560 --> 22:29.640]  There has to be some means of disqualifying them for participating for violation of your
[22:29.640 --> 22:37.840]  rights under color of law and the laws of the state, whatever they may be, and go from
[22:37.840 --> 22:38.840]  there.
[22:38.840 --> 22:39.840]  Yeah.
[22:39.840 --> 22:41.560]  She did so well.
[22:41.560 --> 22:42.920]  She would not enter a police.
[22:42.920 --> 22:44.680]  She objected to everything.
[22:44.680 --> 22:49.840]  He told her to shut up because she didn't object that he would speak and then she could
[22:49.840 --> 22:52.160]  speak when he was done.
[22:52.160 --> 22:53.400]  And it was great.
[22:53.400 --> 22:58.760]  And we got the whole thing recorded too.
[22:58.760 --> 23:05.200]  So we are going through with Hammer and this guy, but you know, we talked to Randy about
[23:05.200 --> 23:06.200]  it on Friday.
[23:06.200 --> 23:08.760]  I just wanted to talk to you about it and get some good advice.
[23:08.760 --> 23:09.760]  Oh.
[23:09.760 --> 23:13.680]  Be careful now, you'll have him coming after me.
[23:13.680 --> 23:18.680]  Well, you know what we're supposed to do, play local politics.
[23:18.680 --> 23:21.600]  Well, unfortunately, that's his motto.
[23:21.600 --> 23:22.600]  It would appear.
[23:22.600 --> 23:27.800]  So, but anyway, thank you very much and we will keep you posted on how this goes.
[23:27.800 --> 23:28.800]  All right.
[23:28.800 --> 23:30.400]  Well, I appreciate it and good luck to you.
[23:30.400 --> 23:31.400]  Thanks a lot.
[23:31.400 --> 23:32.400]  And you're welcome.
[23:32.400 --> 23:33.400]  You too.
[23:33.400 --> 23:34.400]  All right.
[23:34.400 --> 23:35.400]  That was Rob.
[23:35.400 --> 23:39.640]  Now, we've got somebody else up on the board, but they haven't been screened yet.
[23:39.640 --> 23:42.600]  So we're going to wait just a minute for them to come back.
[23:42.600 --> 23:48.360]  So again, let's talk about the top of the hour scenario when we start taking your calls.
[23:48.360 --> 23:53.440]  You're parked outside of your house between 12 and 1 a.m.
[23:53.440 --> 23:59.760]  You are in your car with another person doing nothing of noteworthiness other than just
[23:59.760 --> 24:00.960]  sitting and talking.
[24:00.960 --> 24:04.800]  Police cruiser comes down the street unexpectedly.
[24:04.800 --> 24:08.640]  The officer comes up and starts knocking on the car and telling you to get out.
[24:08.640 --> 24:13.040]  They want to talk to you and they can't give you any probable cause as to why.
[24:13.040 --> 24:17.920]  They give you some lame excuse of car break-ins in the area recently.
[24:17.920 --> 24:20.040]  You explain that you're in front of your house.
[24:20.040 --> 24:25.200]  This is your car and you're sitting there talking and that's all there is to it.
[24:25.200 --> 24:30.160]  The officer still insists on going forward.
[24:30.160 --> 24:37.800]  Illegally searches the car, fabricates consent on a citation that they know contains false
[24:37.800 --> 24:39.200]  charges.
[24:39.200 --> 24:42.960]  The charges, you're not even notified that the ticket's been written.
[24:42.960 --> 24:48.960]  It's stuffed down into a bag in your car and you're never given any information that anything
[24:48.960 --> 24:53.680]  has happened other than these officers have conducted an illegal search.
[24:53.680 --> 24:59.000]  Once you find the citations, you find that it was signed by someone other than you granting
[24:59.000 --> 25:06.640]  consent to search your car and your property and the officer puts right on the ticket.
[25:06.640 --> 25:12.320]  The search is conducted without probable cause and falsifies that the initial encounter
[25:12.320 --> 25:18.640]  began as a traffic stop which gave them probable cause to go further.
[25:18.640 --> 25:24.880]  So the whole document is a contradiction in of itself and what it does.
[25:24.880 --> 25:28.080]  So that being said, that's where we are.
[25:28.080 --> 25:32.560]  Now we appear to have a full caller board here but I can't tell who's been screened
[25:32.560 --> 25:38.600]  and who's not because it keeps coming up unscreened so I'm going to wait another minute and see
[25:38.600 --> 25:43.320]  what happens there and get that taken care of.
[25:43.320 --> 25:47.920]  It looks like we might have one screen, let's find out.
[25:47.920 --> 25:50.680]  Alex in Texas, what can we do for you?
[25:50.680 --> 25:54.040]  Hi, how are you doing, man?
[25:54.040 --> 25:55.040]  You are on.
[25:55.040 --> 25:56.040]  Hey, Eddie.
[25:56.040 --> 25:57.040]  Thank you.
[25:57.040 --> 25:58.040]  You guys recognize my number.
[25:58.040 --> 26:04.280]  No, real quick, I have two real brief questions, one is about property tax, the first one I
[26:04.280 --> 26:07.920]  guess is more pertinent to the Monday night show.
[26:07.920 --> 26:12.120]  I got charged with a DUI about nine months ago.
[26:12.120 --> 26:14.560]  My first attorney was very, very bad.
[26:14.560 --> 26:19.120]  He specialized in family law and I was obliged to take him to the family preferences so I
[26:19.120 --> 26:26.920]  took him and he proceeded to hunt down the blood draw warrant for the county and then
[26:26.920 --> 26:32.160]  I was promptly fired once he found that warrant and I told him he was using the CIS but magically
[26:32.160 --> 26:34.160]  it came up one day before pre-trial.
[26:34.160 --> 26:41.960]  So I fired him, I got another lawyer, a local loan shark here, a local shark here, Jimmy
[26:41.960 --> 26:49.320]  DeSone, and I'm going here and he charged me five five grand and I told him how I wanted
[26:49.320 --> 26:50.320]  to fight.
[26:50.320 --> 26:52.320]  He's pretty ruthless, he's got a good reputation now.
[26:52.320 --> 26:57.760]  The best I could get out of him was just an admittance of guilt, I signed, you know,
[26:57.760 --> 27:04.320]  a sign that I'm guilty, I pay my, what is it, $2,000 to them plus the mandatory initial
[27:04.320 --> 27:09.560]  payments for the blood draw, okay, which will be up here on the 21st.
[27:09.560 --> 27:13.840]  Now I have no means to fight these people financially, I had to get a loan to get the
[27:13.840 --> 27:17.720]  first one out to pay Jimmy, okay, if I go to trial it's going to cost me at least another
[27:17.720 --> 27:19.720]  five grand.
[27:19.720 --> 27:32.080]  Alex, hello, okay, we seem to have, yep, Alex has dropped off the board, Alex if you
[27:32.080 --> 27:36.720]  call back in we will take you as soon as you're back on or as soon as I'm done with
[27:36.720 --> 27:38.400]  the next caller.
[27:38.400 --> 27:44.440]  We lost your phone call, okay, this appears to be Dakota in North Carolina, Dakota what
[27:44.440 --> 27:45.440]  can we do for you?
[27:45.440 --> 27:53.120]  Yeah, I'm just looking for some advice about court coming up and I was pulled over one
[27:53.120 --> 27:57.000]  night by a military police and...
[27:57.000 --> 28:00.720]  On a military installation or civilian highway?
[28:00.720 --> 28:06.040]  I guess to me it's a civilian highway but it's right along the Fort Bragg, in North
[28:06.040 --> 28:07.040]  Carolina.
[28:07.040 --> 28:11.480]  Okay, if it's right along the base it may be under their jurisdiction.
[28:11.480 --> 28:16.560]  Well I'm pretty sure it is because I got paperwork and it says it's the United States
[28:16.560 --> 28:19.680]  district court versus me.
[28:19.680 --> 28:21.560]  And what was the alleged charge?
[28:21.560 --> 28:28.000]  Well she pulled me over, she says I was doing five miles over the speed limit and later
[28:28.000 --> 28:33.760]  on on her paperwork she wrote down I was doing 10 miles over and when she asked me a couple
[28:33.760 --> 28:39.040]  questions that night when she pulled me over to my knowledge I didn't know how to speed
[28:39.040 --> 28:43.880]  and so I was like, oh sir what's the reason you pulled me over and she wouldn't give me
[28:43.880 --> 28:49.080]  a reason, she just said give me her license, registration, all that and I told her no problem
[28:49.080 --> 28:51.160]  just I'd like to know what reason I was pulled over.
[28:51.160 --> 28:55.680]  She says she doesn't have to tell me, just have to get her paperwork so a little bit
[28:55.680 --> 29:00.080]  later a few more cops came over and they started crowding me so I was getting a little afraid
[29:00.080 --> 29:05.800]  so I said all right I got the paperwork, gave it to her and she asked me if I had anything
[29:05.800 --> 29:06.800]  to drink that night.
[29:06.800 --> 29:11.520]  I said yeah I had a couple drinks, then a couple minutes later she came back and she
[29:11.520 --> 29:19.520]  told me to step out the car and I stepped out, upon stepping out she walks up to me
[29:19.520 --> 29:23.520]  she says open my mouth and she's trying to put something in my mouth and I told her no
[29:23.520 --> 29:27.160]  and she's like open your mouth or you're going to jail and I said no and I said okay just
[29:27.160 --> 29:35.000]  take me away so they cuffed me and then took everything out and they asked me if I had
[29:35.000 --> 29:38.320]  any weapons or dropped in a car and I told them no.
[29:38.320 --> 29:41.320]  Okay well hang on just a second Dakota we're about to take a break, we'll pick this up
[29:41.320 --> 29:42.320]  on the other side.
[29:42.320 --> 29:49.360]  All right folks this is rule of law radio, call in number 512-646-1984, we'll be right
[29:49.360 --> 29:53.640]  back on the other side so y'all hang in there, Alex I see your back, hang on and I'll get
[29:53.640 --> 30:01.840]  done, I'll get back to you when I'm done with Dakota, we'll be right back folks.
[30:01.840 --> 30:06.400]  What's in a name, quite a lot if you happen to be a nation in Southeast Asia coming out
[30:06.400 --> 30:11.280]  of decades of brutal military rule, look at your Catherine Albrecht back to discuss the
[30:11.280 --> 30:16.640]  country some call Burma and others call Myanmar in a moment.
[30:16.640 --> 30:21.840]  Privacy is under attack, when you give up data about yourself you'll never get it back again
[30:21.840 --> 30:27.000]  and once your privacy is gone you'll find your freedoms will start to vanish too, so
[30:27.000 --> 30:32.120]  protect your rights, say no to surveillance and keep your information to yourself.
[30:32.120 --> 30:38.280]  Privacy, it's worth hanging on to, this message is brought to you by StartPage.com the private
[30:38.280 --> 30:45.600]  search engine alternative to Google, Yahoo and Bing, start over with StartPage.
[30:45.600 --> 30:50.760]  If you followed President Obama's historic trip to Burma, Southeast Asia's 50 year dictatorship
[30:50.760 --> 30:54.680]  you might have heard the pundits wondering whether he would refer to the country as Burma
[30:54.680 --> 30:56.160]  or Myanmar.
[30:56.160 --> 31:02.680]  Burma was Burma until 1989 when the junta crushed pro-democracy demonstrations and renamed
[31:02.680 --> 31:04.440]  the country Myanmar.
[31:04.440 --> 31:08.880]  Many countries accepted the name change, but to signal our disapproval we just kept calling
[31:08.880 --> 31:14.800]  it Burma, that is until Obama's recent visit when he actually used the M word.
[31:14.800 --> 31:19.360]  I get why some might be upset with that, but as Gertrude Stein might have said, whatever
[31:19.360 --> 31:23.160]  name you use for a country, a tyranny is a tyranny is a tyranny.
[31:23.160 --> 31:31.360]  Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:31.360 --> 31:36.760]  This is building 7, a 47 story skyscraper that fell on the afternoon of September 11th.
[31:36.760 --> 31:41.440]  The government says that fire brought it down, however 1,500 architects and engineers have
[31:41.440 --> 31:43.800]  concluded it was a controlled demolition.
[31:43.800 --> 31:48.080]  Over 6,000 of my fellow service members have given their lives, 1,000 of my fellow force
[31:48.080 --> 31:49.240]  responders have died.
[31:49.240 --> 31:53.080]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correctionalist,
[31:53.080 --> 31:57.880]  I'm an Air Force pilot, I'm a father who lost his son, we are Americans and we deserve the
[31:57.880 --> 31:58.880]  truth.
[31:58.880 --> 32:01.880]  Go to RememberBuilding7.org today.
[32:01.880 --> 32:06.760]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't
[32:06.760 --> 32:10.600]  so easy and neither is finding like-minded people to share it with.
[32:10.600 --> 32:13.720]  Oh well I guess you haven't heard of Brave New Books then.
[32:13.720 --> 32:14.720]  Brave New Books?
[32:14.720 --> 32:15.720]  Yes.
[32:15.720 --> 32:19.880]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[32:19.880 --> 32:24.640]  Ron Paul and G. Albert Griffin, they even stock inner food, Berkey products and Calvin
[32:24.640 --> 32:25.640]  Soap's.
[32:25.640 --> 32:28.200]  There's no way a place like that exists.
[32:28.200 --> 32:33.600]  Go check it out for yourself, it's downtown at 1904 Guadalupe Street just south of UT.
[32:33.600 --> 32:37.760]  Oh by UT, there's never anywhere to park down there.
[32:37.760 --> 32:42.680]  Actually they now offer a free hour of parking for paying customers at the 500 MLK parking
[32:42.680 --> 32:44.680]  facility just behind the bookstore.
[32:44.680 --> 32:48.600]  It does exist, but when are they open?
[32:48.600 --> 32:55.600]  Monday through Saturday, 11am to 9pm and 1-6pm on Sundays, so give them a call at 512-480-2503
[32:55.600 --> 33:00.600]  or check out their events page at BraveNewBookstore.com.
[33:00.600 --> 33:06.600]  Live, free speech radio, LogosRadioNetwork.com.
[33:06.600 --> 33:26.600]  Yeah, I got a warrant, and I'm going to solve them, to the end of them, pursue them.
[33:26.600 --> 33:27.600]  Okay.
[33:27.600 --> 33:28.600]  Alright folks, we are back.
[33:28.600 --> 33:31.920]  This is Rule of Law Radio with the Monday Night Traffic Show.
[33:31.920 --> 33:33.920]  This is your host, Eddie Craig.
[33:33.920 --> 33:36.640]  We are talking to Dakota in North Carolina.
[33:36.640 --> 33:39.640]  Alex, hang in there, I'll get back to you as soon as I'm done with Dakota.
[33:39.640 --> 33:40.640]  Alright, Dakota.
[33:40.640 --> 33:41.640]  Yeah, okay.
[33:41.640 --> 33:46.520]  So I was pulled out, told to come out the car and the lady officer wanted to put something
[33:46.520 --> 33:48.640]  in my mouth and I told her no.
[33:48.640 --> 33:52.200]  Then she says, if I don't let her put it in my mouth, she's taking me to jail, so I said
[33:52.200 --> 33:53.200]  okay.
[33:53.200 --> 33:56.960]  So they arrested me, then they started asking me to have any drugs or weapons in a car.
[33:56.960 --> 34:00.800]  So once they arrested me, I just stopped talking and she's like, okay, you're trying
[34:00.800 --> 34:05.040]  to be a hard head or something, so they went and searched the car.
[34:05.040 --> 34:10.880]  Then they took me into the military base office.
[34:10.880 --> 34:14.400]  So spent a few hours in jail that night.
[34:14.400 --> 34:18.480]  A few things, they tried to get me to take a blood test, but I refused for my alcohol
[34:18.480 --> 34:25.320]  because I wasn't drunk, but the lady just automatically assumed that I was drunk or something.
[34:25.320 --> 34:32.080]  So I tried to use a phone to make a call because I'd get some advice for some people, but
[34:32.080 --> 34:35.480]  I was told I can't make a call, so from then on, I just stayed quiet pretty much the whole
[34:35.480 --> 34:36.960]  night.
[34:36.960 --> 34:45.600]  And during the night, they wrote up some charges, so after all these charges, I'm placing four
[34:45.600 --> 34:50.040]  charges now, and I just needed, I was trying to see if I can write something to the judge
[34:50.040 --> 34:51.400]  for this missile.
[34:51.400 --> 34:53.400]  Are you military or civilian?
[34:53.400 --> 34:59.960]  How did you come under their jurisdiction for this to begin with?
[34:59.960 --> 35:05.440]  I guess driving along that road, it's a main road you have to drive through and through
[35:05.440 --> 35:08.360]  from the city that I came from to head home.
[35:08.360 --> 35:12.840]  Okay, well, before the federal government gets direct jurisdiction over that, it has
[35:12.840 --> 35:19.920]  to be either within the limits of the base itself or it has to be ceded to the federal
[35:19.920 --> 35:22.680]  government by the state.
[35:22.680 --> 35:26.360]  I think it is because they call it, it's called BRAD Boulevard and it's on Fort Bragg.
[35:26.360 --> 35:30.560]  I don't care what they call it, that doesn't mean they own it.
[35:30.560 --> 35:35.800]  They can be leasing that land from the state, they don't own it.
[35:35.800 --> 35:43.680]  If they're leasing it, criminal jurisdiction remains in the state, not in the fed.
[35:43.680 --> 35:45.680]  Okay.
[35:45.680 --> 35:47.680]  All right.
[35:47.680 --> 35:49.680]  All right.
[35:49.680 --> 35:54.600]  I'm going to read these counts out to you and if you can tell me what I could or couldn't
[35:54.600 --> 35:55.600]  do.
[35:55.600 --> 35:59.480]  The first count is I was operating a motor, well, one thing, my license was suspended
[35:59.480 --> 36:00.480]  at the time.
[36:00.480 --> 36:04.200]  So, I was operating a motor vehicle upon a street or highway, a public vehicle.
[36:04.200 --> 36:05.200]  You were?
[36:05.200 --> 36:07.800]  I was driving there.
[36:07.800 --> 36:10.600]  Then you're already stuck.
[36:10.600 --> 36:11.600]  Okay.
[36:11.600 --> 36:13.600]  Yes, we're going to, okay.
[36:13.600 --> 36:16.960]  No, no, you're not listening to me.
[36:16.960 --> 36:17.960]  What car were you in?
[36:17.960 --> 36:20.640]  I was in a rental car.
[36:20.640 --> 36:21.640]  You were in a rental car?
[36:21.640 --> 36:26.160]  Yeah, I was in a motor vehicle on the land, yeah.
[36:26.160 --> 36:29.480]  Were you using it to haul somebody around for pay?
[36:29.480 --> 36:30.480]  Nope.
[36:30.480 --> 36:32.080]  Were you transporting property?
[36:32.080 --> 36:33.080]  Nope.
[36:33.080 --> 36:35.640]  Then what made it a vehicle?
[36:35.640 --> 36:36.640]  Okay.
[36:36.640 --> 36:41.200]  All right.
[36:41.200 --> 36:48.000]  If you're not getting paid to use the roads for the purpose of generating profit as a
[36:48.000 --> 36:54.320]  place of business while acting as a carrier, you're not in transportation.
[36:54.320 --> 37:00.120]  It doesn't matter that it's a rental car, it doesn't matter that it's a U-Haul.
[37:00.120 --> 37:01.120]  Okay.
[37:01.120 --> 37:07.600]  So, when you go in there saying, yeah, I was driving, yeah, I was in a motor vehicle,
[37:07.600 --> 37:09.600]  well, you're walking right into that one.
[37:09.600 --> 37:14.200]  No, well, that, yeah, okay, I'll take a second.
[37:14.200 --> 37:15.200]  Okay.
[37:15.200 --> 37:21.440]  Well, they're saying, so I was operating that motor vehicle, quote, what's the what?
[37:21.440 --> 37:22.440]  Okay.
[37:22.440 --> 37:26.040]  First off, what law are they charging you under, state or Fed?
[37:26.040 --> 37:27.040]  Fed.
[37:27.040 --> 37:28.040]  Okay.
[37:28.040 --> 37:31.520]  Which means they're going to be charging you under Title 49 because that's where the
[37:31.520 --> 37:33.120]  definition of motor vehicle is.
[37:33.120 --> 37:37.040]  And it specifically says a motor vehicle is one used for the purpose of commerce.
[37:37.040 --> 37:38.040]  Okay.
[37:38.040 --> 37:48.360]  So, what specific statute are they charging you under?
[37:48.360 --> 37:59.200]  Actually, it's United States Code, Section 13, Title 18, United States Code.
[37:59.200 --> 38:00.200]  Okay.
[38:00.200 --> 38:05.520]  Title 18 is a criminal code, but where is the definition for motor vehicle that's used
[38:05.520 --> 38:07.120]  in that criminal code?
[38:07.120 --> 38:12.960]  Well, they have the North Carolina General Statute 20-138.
[38:12.960 --> 38:15.800]  Which gets its, what is the definition there?
[38:15.800 --> 38:16.800]  I don't know.
[38:16.800 --> 38:17.800]  I don't know.
[38:17.800 --> 38:18.800]  I don't know.
[38:18.800 --> 38:19.800]  Let's get on.
[38:19.800 --> 38:21.320]  Well, see, that's the difference.
[38:21.320 --> 38:25.840]  They're charging you with a crime under Title 18, but they're basing the crime on a state
[38:25.840 --> 38:26.840]  law.
[38:26.840 --> 38:27.840]  Okay.
[38:27.840 --> 38:29.600]  There's a slight problem with that.
[38:29.600 --> 38:38.200]  Where does the Fed get jurisdiction over state law on non-seated state land?
[38:38.200 --> 38:42.000]  All right.
[38:42.000 --> 38:46.640]  So, what would I, how would I, what would I do?
[38:46.640 --> 38:49.520]  You challenge the jurisdiction of the court for one thing.
[38:49.520 --> 38:50.520]  You're not military.
[38:50.520 --> 38:56.800]  Two, it's a criminal offense that belongs in the state, not the Fed.
[38:56.800 --> 38:58.800]  Okay.
[38:58.800 --> 39:15.920]  And they also have that driving, I had a blood alcohol concentration of.08 or more in the
[39:15.920 --> 39:18.160]  violation of that, but...
[39:18.160 --> 39:21.800]  And how did they determine that if you didn't take a blood test or a breathalyzer?
[39:21.800 --> 39:23.800]  I don't know.
[39:23.800 --> 39:26.240]  That's my question also.
[39:26.240 --> 39:27.240]  Okay.
[39:27.240 --> 39:28.240]  Well, that's the point.
[39:28.240 --> 39:30.480]  They have no actual evidence.
[39:30.480 --> 39:31.480]  Okay.
[39:31.480 --> 39:37.240]  How can they assert a blood alcohol content when they have absolutely no evidence of blood
[39:37.240 --> 39:40.320]  alcohol content?
[39:40.320 --> 39:45.480]  But again, that's going to merits, not to jurisdiction and everything else.
[39:45.480 --> 39:47.800]  Go after jurisdiction first.
[39:47.800 --> 39:51.320]  Don't address merits till jurisdiction has been established.
[39:51.320 --> 39:54.960]  So, the jurisdiction would be, I'm not military.
[39:54.960 --> 39:56.520]  One, you're civilian.
[39:56.520 --> 40:02.480]  Two, this is allegedly a state crime, not a federal crime.
[40:02.480 --> 40:09.680]  Three, is the land on which this crime allegedly occurred seeded in under the jurisdictional
[40:09.680 --> 40:15.360]  control of the federal government, or is it simply leased from the state, leaving criminal
[40:15.360 --> 40:19.040]  jurisdiction in the hands of the state?
[40:19.040 --> 40:21.040]  Okay.
[40:21.040 --> 40:32.040]  All right, and I have a second count here.
[40:32.040 --> 40:33.680]  How does that change anything?
[40:33.680 --> 40:36.040]  What do you mean?
[40:36.040 --> 40:41.560]  Does it matter if they give you 300 counts if the court that's hearing it has no jurisdiction
[40:41.560 --> 40:42.560]  to hear it?
[40:42.560 --> 40:45.720]  Oh, so I could use that for all of these?
[40:45.720 --> 40:46.720]  Yes.
[40:46.720 --> 40:47.720]  Okay.
[40:47.720 --> 40:53.520]  So, jurisdiction's lack of jurisdiction, regardless of the type or number of charges.
[40:53.520 --> 41:01.720]  All right, so lack of jurisdiction, all right, well, definitely.
[41:01.720 --> 41:05.440]  And what do I would ask for a motion to dismiss on this?
[41:05.440 --> 41:11.240]  Yeah, a motion to dismiss for lack of jurisdiction, and make sure you challenge the basis of jurisdiction.
[41:11.240 --> 41:16.200]  You need to find out right away whether or not that highway has been seeded to the federal
[41:16.200 --> 41:17.800]  government.
[41:17.800 --> 41:20.200]  Okay, and what if it is?
[41:20.200 --> 41:25.040]  Well, then it's under federal jurisdiction, but then the issue becomes, is there a federal
[41:25.040 --> 41:30.600]  crime applicable to a non-federal individual?
[41:30.600 --> 41:35.920]  I mean, there are, but then again, how did that become a federal crime?
[41:35.920 --> 41:40.120]  The only way that driving under the influence could become a federal crime is if you're
[41:40.120 --> 41:46.160]  doing something that's subject to Title 49, which is the commercial transportation statute
[41:46.160 --> 41:47.160]  in the Fed.
[41:47.160 --> 41:51.920]  So, if the Fed's going to allege that you are operating a motor vehicle under the influence,
[41:51.920 --> 41:56.320]  then all you got to do is produce the Title 49 definition of motor vehicle and show what
[41:56.320 --> 41:57.320]  is your evidence?
[41:57.320 --> 42:03.080]  Do you have a bill of lading, a passenger manifest, or a logbook that proves I was engaging in
[42:03.080 --> 42:06.440]  transportation as a carrier for hire?
[42:06.440 --> 42:13.040]  If you don't, then I wasn't in a motor vehicle, because my car was not commercial, nor was
[42:13.040 --> 42:16.320]  it being used for commercial purposes by me.
[42:16.320 --> 42:20.640]  Now, it may have been by the rental company, but it wasn't being used for that purpose
[42:20.640 --> 42:22.640]  by you.
[42:22.640 --> 42:24.640]  Okay.
[42:24.640 --> 42:26.640]  Okay.
[42:26.640 --> 42:30.640]  See how that works?
[42:30.640 --> 42:31.640]  Yes.
[42:31.640 --> 42:32.640]  Okay.
[42:32.640 --> 42:37.400]  Real quick, Mr. Kirk, I'm going to ask you if you can just throw that right at me again,
[42:37.400 --> 42:39.520]  because I'm writing this as I'm speaking to you.
[42:39.520 --> 42:42.760]  Well, you can go back and download the archive after the show and get it a lot better.
[42:42.760 --> 42:43.760]  I'm going to have all that.
[42:43.760 --> 42:44.760]  Okay.
[42:44.760 --> 42:47.840]  I'm doing this on the fly, so I'm not sure I could repeat it to you verbatim where
[42:47.840 --> 42:48.840]  it would be the same.
[42:48.840 --> 42:49.840]  All right.
[42:49.840 --> 42:50.840]  I'll do that.
[42:50.840 --> 42:51.840]  I appreciate you all.
[42:51.840 --> 42:52.840]  Hey, not a problem.
[42:52.840 --> 42:53.840]  God bless you guys.
[42:53.840 --> 42:54.840]  You too.
[42:54.840 --> 42:55.840]  Take care.
[42:55.840 --> 42:56.840]  Thanks for calling in.
[42:56.840 --> 42:57.840]  Definitely.
[42:57.840 --> 42:58.840]  All right.
[42:58.840 --> 43:01.280]  Now, we're going to go back to Alex, who has reappeared.
[43:01.280 --> 43:04.600]  All right, Alex, where did we leave you?
[43:04.600 --> 43:08.480]  We left me rambling out stuff I didn't need to tell you.
[43:08.480 --> 43:12.400]  Long story short, I don't have the money right now to fight them, and I don't have a lawyer
[43:12.400 --> 43:19.640]  in town with the time and a sack enough to fight this DUI charge as serious as it is
[43:19.640 --> 43:21.960]  and due process violations all over the place.
[43:21.960 --> 43:27.480]  If you don't fight this and you're not guilty of it, this will haunt you forever.
[43:27.480 --> 43:32.640]  This will never get expunged, and every employer will see it.
[43:32.640 --> 43:34.080]  You understand that, correct?
[43:34.080 --> 43:40.840]  Plus, you're looking at $2,000 or $12,000 to $2,000 a year for the next three years
[43:40.840 --> 43:45.720]  in order to keep your license and your registration.
[43:45.720 --> 43:48.320]  That's what I wanted to talk to you about.
[43:48.320 --> 43:49.760]  Okay, so hang on just a minute.
[43:49.760 --> 43:51.440]  We'll finish this up on the other side.
[43:51.440 --> 43:56.720]  All right, folks, rule of law radio 512-646-1984.
[43:56.720 --> 43:58.720]  We'll be right back.
[43:58.720 --> 44:03.840]  Are you the plaintiff or defendant in a lawsuit?
[44:03.840 --> 44:07.040]  Win your case without an attorney with jurisdictionary.
[44:07.040 --> 44:13.560]  Be affordable, easy to understand for a CD course that will show you how in 24 hours,
[44:13.560 --> 44:14.560]  step by step.
[44:14.560 --> 44:18.400]  If you have a lawyer, know what your lawyer should be doing.
[44:18.400 --> 44:22.360]  If you don't have a lawyer, know what you should do for yourself.
[44:22.360 --> 44:28.280]  Thousands have won with our step by step course, and now you can too.
[44:28.280 --> 44:33.040]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[44:33.040 --> 44:38.800]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[44:38.800 --> 44:43.040]  principles and practices that control our American courts.
[44:43.040 --> 44:49.320]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[44:49.320 --> 44:51.840]  prosay tactics, and much more.
[44:51.840 --> 44:55.880]  Please visit ruleoflawradio.com and click on the banner.
[44:55.880 --> 45:02.880]  You are called toll-free 866-LAW-EZ.
[45:02.880 --> 45:08.240]  Mr. President, members of Congress, you've been making a lot of noise about taking our
[45:08.240 --> 45:09.240]  guns away.
[45:09.240 --> 45:12.200]  But you might want to review history.
[45:12.200 --> 45:19.600]  1835, Gonzales, Texas Territory, the authorities wanted to confiscate the big gun that protected
[45:19.600 --> 45:20.600]  that colony.
[45:20.600 --> 45:27.280]  You know what the people said, come and take it, because they were willing to fight for
[45:27.280 --> 45:30.600]  their freedom and their guns.
[45:30.600 --> 45:31.600]  So are we.
[45:31.600 --> 45:34.600]  Come and take it, if you want it.
[45:34.600 --> 45:37.600]  Come and take it, if you think you can.
[45:37.600 --> 45:43.600]  Come and take it, but I warn you, you'll have to buy it for my cold against.
[45:43.600 --> 45:50.600]  We want the freedom that God gave us, so you best not cross that line.
[45:50.600 --> 45:55.600]  If you want this done, you've got to come through us and take it.
[45:55.600 --> 46:21.600]  One shot at a time, just like Gonzales would keep in her guns.
[46:21.600 --> 46:29.600]  All right, folks, we are back.
[46:29.600 --> 46:31.600]  This is Rule of Law Radio.
[46:31.600 --> 46:35.600]  Okay, we are talking to Alex in Texas.
[46:35.600 --> 46:37.600]  All right, Alex, go ahead.
[46:37.600 --> 46:38.600]  All right.
[46:38.600 --> 46:39.600]  I understand.
[46:39.600 --> 46:51.600]  I was informed of the double jeopardy, as other lawyers have called it, fees associated with
[46:51.600 --> 46:52.600]  the Texas DPS upon conviction of DUI offense.
[46:52.600 --> 46:56.600]  My lawyer didn't inform me of that as expensive as he was.
[46:56.600 --> 47:02.600]  So I was informed of the $2,000 and then the blood draw charge or whatever.
[47:02.600 --> 47:10.600]  And then the approximately $3,000 over the next three years to retain the privilege of
[47:10.600 --> 47:17.600]  my Texas driver's license, which I contend I don't need because I'm not driving squat.
[47:17.600 --> 47:23.600]  Now, the way the fines and the fees are structured is very cost-prohibitive to fight this,
[47:23.600 --> 47:25.600]  unless you know what you're doing.
[47:25.600 --> 47:27.600]  Well, that's exactly the way they set it up.
[47:27.600 --> 47:29.600]  It's that way on purpose.
[47:29.600 --> 47:34.600]  I understand that and any lawyer who's even willing to show up to court and not absolutely
[47:34.600 --> 47:39.600]  bend over backwards for the state is going to charge you almost exactly to the penny
[47:39.600 --> 47:41.600]  what the state will be charging you.
[47:41.600 --> 47:45.600]  And that's not guaranteeing an overturn.
[47:45.600 --> 47:49.600]  So it's kind of like, well, great, I'm not made of money and I have three gifts.
[47:49.600 --> 47:53.600]  So I'm going to bite the bullet on this one.
[47:53.600 --> 48:01.600]  Now, I'm going to probably most likely be leaving the state for Minnesota in a sticks
[48:01.600 --> 48:03.600]  to just be left the hell alone.
[48:03.600 --> 48:06.600]  Now, this is where my question comes in.
[48:06.600 --> 48:10.600]  I have yet to go and actually pick up a new copy of my Texas driver's license since they
[48:10.600 --> 48:14.600]  destroyed upon picking it up from you and sustaining it.
[48:14.600 --> 48:21.600]  Now, I would be getting a Minnesota driver's license probably before or right after my
[48:21.600 --> 48:26.600]  21st acceptance of conviction or whatever might please.
[48:26.600 --> 48:31.600]  Now, how does the process work across states when it comes to these fines and fees because
[48:31.600 --> 48:34.600]  if Texas DPS is the one who's...
[48:34.600 --> 48:37.600]  It goes into a national database.
[48:37.600 --> 48:39.600]  It will follow you everywhere.
[48:39.600 --> 48:45.600]  If you don't pay off Texas, another state will not give you a license.
[48:45.600 --> 48:46.600]  Okay.
[48:46.600 --> 48:48.600]  Then that leads me to this.
[48:48.600 --> 48:52.600]  All I need is a license and manufacturing is just still there working.
[48:52.600 --> 48:55.600]  All I need is the actual physical license in my hand.
[48:55.600 --> 48:57.600]  There's a proof of identification.
[48:57.600 --> 49:00.600]  I'm not transporting anything for hire.
[49:00.600 --> 49:04.600]  All I need is the physical item.
[49:04.600 --> 49:10.600]  And when I drive, sorry, when I'm traveling in my personal needs of convenience, I only
[49:10.600 --> 49:12.600]  carry my passport and my debit card with me.
[49:12.600 --> 49:16.600]  I never have kept my license with me just that way in the instance.
[49:16.600 --> 49:21.600]  Why do you have to have a license if your job does not involve you using a company car
[49:21.600 --> 49:24.600]  or driving for the company?
[49:24.600 --> 49:26.600]  Why can't you just use your passport with them?
[49:26.600 --> 49:28.600]  Well, I'll answer that question with another question.
[49:28.600 --> 49:32.600]  Why do I have to give them my social security card if it's not supposed to be used for identification purposes?
[49:32.600 --> 49:34.600]  Well, you don't.
[49:34.600 --> 49:36.600]  Exactly, but they still require it.
[49:36.600 --> 49:38.600]  Well, no, that's for a different thing.
[49:38.600 --> 49:40.600]  They want that so they can illegally tax you.
[49:40.600 --> 49:43.600]  That's different from identifying you.
[49:43.600 --> 49:44.600]  Exactly.
[49:44.600 --> 49:46.600]  I understand that as well.
[49:46.600 --> 49:48.600]  It's painfully obvious.
[49:48.600 --> 49:54.600]  And yes, they should not need it as a form of identification by many companies.
[49:54.600 --> 49:55.600]  Well, they don't.
[49:55.600 --> 50:01.600]  In fact, the federal forms say that the companies do not get to choose which forms of identification
[50:01.600 --> 50:04.600]  an American citizen provides.
[50:04.600 --> 50:07.600]  Okay, so then I could just get a state issued ID card.
[50:07.600 --> 50:08.600]  Yes.
[50:08.600 --> 50:09.600]  Okay.
[50:09.600 --> 50:17.600]  All right, well, I can double up on that, but I know I'm almost certain I can go and get my driver's license for Minnesota
[50:17.600 --> 50:21.600]  and my state issued ID card at the same time.
[50:21.600 --> 50:26.600]  And if they see it to seize the driver's license, then I'll have it for as long as I have it.
[50:26.600 --> 50:28.600]  And, you know, fines be damned.
[50:28.600 --> 50:33.600]  But I know we're not supposed to have better prisons, but I know we still have them.
[50:33.600 --> 50:35.600]  How's that going to play out?
[50:35.600 --> 50:36.600]  Did I get pulled over?
[50:36.600 --> 50:41.600]  That all depends on where any warrant shows up if they issue a warrant.
[50:41.600 --> 50:42.600]  If they...
[50:42.600 --> 50:43.600]  Do you want on that?
[50:43.600 --> 50:46.600]  Well, they can if you don't pay the charges or the fines.
[50:46.600 --> 50:55.600]  But at the same time, your other issue here is, you know, if the license pops up expired in another state
[50:55.600 --> 50:59.600]  or suspended in another state, you're going to run into the same problem.
[50:59.600 --> 51:04.600]  They're going to still presume transportation and requirement to have the license.
[51:04.600 --> 51:11.600]  I mean, no matter where you go, you're only going to avoid having to learn how to fight these cases for a set amount of time.
[51:11.600 --> 51:18.600]  It's coming to a head where you're not going to be able to go anywhere to avoid having to fight.
[51:18.600 --> 51:20.600]  It's just not going to happen.
[51:20.600 --> 51:21.600]  I understand that.
[51:21.600 --> 51:23.600]  I'm the reason I'm moving.
[51:23.600 --> 51:28.600]  Other than the fact that Montgomery County is a viper pick, and I know you know that.
[51:28.600 --> 51:32.600]  The only other reason is that I'm making more money is that way I could fight cases even better.
[51:32.600 --> 51:34.600]  You're going to Minnesota, right?
[51:34.600 --> 51:36.600]  Correct, Minneapolis.
[51:36.600 --> 51:37.600]  Okay.
[51:37.600 --> 51:49.600]  You're going to the state where the legislature has abdicated their authority and given the courts the ability to create law on the fly as they go.
[51:49.600 --> 51:58.600]  You are moving to the most judicially corrupt state in the entire union.
[51:58.600 --> 52:01.600]  And you want to go carrying this baggage?
[52:01.600 --> 52:08.600]  Well, when it comes to the money, though, if you had a 70% increase in pay, would you take it?
[52:08.600 --> 52:10.600]  Well, I don't know.
[52:10.600 --> 52:18.600]  If I had a 90% increase in the chance to get it stolen from me through force of arms in those courts, would it do me any good to take it?
[52:18.600 --> 52:22.600]  Well, I hear your argument.
[52:22.600 --> 52:23.600]  I do.
[52:23.600 --> 52:25.600]  I definitely hear your argument.
[52:25.600 --> 52:26.600]  It doesn't, doesn't.
[52:26.600 --> 52:28.600]  It's excluding me from the situation I'm in right now.
[52:28.600 --> 52:29.600]  I don't have a spectrum.
[52:29.600 --> 52:31.600]  And we're moving.
[52:31.600 --> 52:32.600]  That's the point I'm trying to make.
[52:32.600 --> 52:34.600]  Moving's not going to solve this for you.
[52:34.600 --> 52:41.600]  Well, that's not the, that's, that's part of it, but that's not the driving factors for the money.
[52:41.600 --> 52:42.600]  Family.
[52:42.600 --> 52:44.600]  I have, I have family there within the court system.
[52:44.600 --> 52:46.600]  And I know they know we have corruptives.
[52:46.600 --> 52:47.600]  Yeah.
[52:47.600 --> 52:54.600]  So there's no, anybody in government who has a head even screwed on halfway straight knows the system is so completely gone.
[52:54.600 --> 52:58.600]  And they're basically all nihilistic and, yeah.
[52:58.600 --> 52:59.600]  So, okay.
[52:59.600 --> 53:04.600]  So it's going to follow me and just be ready for what it comes.
[53:04.600 --> 53:05.600]  Yep.
[53:05.600 --> 53:06.600]  Right?
[53:06.600 --> 53:07.600]  Okay.
[53:07.600 --> 53:08.600]  Yeah.
[53:08.600 --> 53:11.600]  Now, next question real quick.
[53:11.600 --> 53:13.600]  Let's go over the Texas tax code.
[53:13.600 --> 53:15.600]  It's going over Article 8.
[53:15.600 --> 53:17.600]  It's going over Adalarm Taxes.
[53:17.600 --> 53:20.600]  Father-in-law is actually a praiser here in Montgomery County.
[53:20.600 --> 53:22.600]  I have a more government here.
[53:22.600 --> 53:30.600]  And having a debate with him, obviously, it's state Adalarm Taxes abolished.
[53:30.600 --> 53:34.600]  That's pretty clear in section 1e of Article 8.
[53:34.600 --> 53:35.600]  They're not abolished.
[53:35.600 --> 53:36.600]  They're forbidden.
[53:36.600 --> 53:38.600]  They were never allowed in the first place.
[53:38.600 --> 53:39.600]  I agree.
[53:39.600 --> 53:40.600]  But here's my question.
[53:40.600 --> 53:46.600]  He seems to contend that all they have to do, the counties, the units, I guess, was what I was reading.
[53:46.600 --> 53:54.600]  All they have to do is add a somewhat mostly partial register or tally of the properties.
[53:54.600 --> 54:00.600]  And once they've been appraised once, they can just go with their yearly uptick method.
[54:00.600 --> 54:06.600]  And they never have to go and actually physically inspect, praise it, but one time or every time it sells.
[54:06.600 --> 54:07.600]  Okay.
[54:07.600 --> 54:09.600]  Let me ask a question.
[54:09.600 --> 54:19.600]  If the state constitution forbids the legislature themselves the power to create any law that would levy an Adalarm Tax,
[54:19.600 --> 54:31.600]  therefore eliminating their ability to create and collect an Adalarm Tax, how does a county presume that it gets such power?
[54:31.600 --> 54:40.600]  To stand that with the basis for my argument, if the state can't do it, how can the creating body of the counties, the entities that created the counties,
[54:40.600 --> 54:42.600]  how can those counties...
[54:42.600 --> 54:45.600]  They can't delegate a power they don't possess.
[54:45.600 --> 54:46.600]  Exactly.
[54:46.600 --> 54:47.600]  And that's quite to my argument.
[54:47.600 --> 54:50.600]  And I got tax code and all this pulled up right here right now.
[54:50.600 --> 55:01.600]  And is that just a... Where would I look in this mess? And I don't have a problem looking through it all. And I'm 16 hundred pages. It's not that bad.
[55:01.600 --> 55:10.600]  But is there somewhere in there or are we relying on court cases to define this?
[55:10.600 --> 55:11.600]  Okay.
[55:11.600 --> 55:19.600]  Is there a specific article, section, definition that I can point to that says no way, no how?
[55:19.600 --> 55:30.600]  Well, no. Your uncle, like most people in government, operate on the presumption that if a law doesn't forbid it, they can do it.
[55:30.600 --> 55:36.600]  And that's not the way it works. A law must specifically authorize it or they can't do it.
[55:36.600 --> 55:37.600]  Exactly.
[55:37.600 --> 55:46.600]  So the question isn't what law do you get to prove that they can't? What law can he produce that proves they can?
[55:46.600 --> 55:55.600]  And since the legislature is forbidden to make such a law, he's going to have a damn hard time pointing to one.
[55:55.600 --> 56:02.600]  Because a county ordinance is not a law, nor is a city ordinance a law.
[56:02.600 --> 56:06.600]  I get that. I agree with you. I'm on your...
[56:06.600 --> 56:10.600]  No, I'm not saying you're not agreeing with me. I'm not saying this to chastise you.
[56:10.600 --> 56:16.600]  I'm simply making the points here that this is the way the system's set up and they're ignoring it.
[56:16.600 --> 56:23.600]  They're not looking at the obvious of where their authority comes from and how they get it.
[56:23.600 --> 56:30.600]  They're operating under the presumption that they are the source and that's absolutely not true.
[56:30.600 --> 56:32.600]  Well, then how about this?
[56:32.600 --> 56:41.600]  Okay. Submission of Roles of Taxing Units. This is one they're supposed to weigh on July 25th through Chief Appraiser. Now later on here it says,
[56:41.600 --> 56:48.600]  the Chief Appraiser shall prepare and certify to the assessor for each taxing unit county,
[56:48.600 --> 56:53.600]  a listing of those properties which are taxable by that county unit, which are under protest.
[56:53.600 --> 57:04.600]  I mean, the reason I ask this is because the language is suggesting through almost in front here that they do have that role and that authority.
[57:04.600 --> 57:08.600]  And this is coming from, you know, this is coming from Texas Tax Code.
[57:08.600 --> 57:16.600]  Texas Tax Code, you have to understand terminology before you're going to understand what it says.
[57:16.600 --> 57:20.600]  And believe me, it doesn't say what you think it says.
[57:20.600 --> 57:25.600]  You're falling into the presumption of thinking you know what the words used in that statute mean.
[57:25.600 --> 57:30.600]  And they don't mean what you think they mean.
[57:30.600 --> 57:38.600]  Okay, we'll put it into this one to rely heavily on the terminology taxing unit which is a county and incorporates to be your town,
[57:38.600 --> 57:47.600]  school district, special district, you know, junior college, you know, and it goes down the list and never says, you know, an actual personal, you know,
[57:47.600 --> 57:54.600]  president. Okay, I don't have time in a segment or this show to educate you on everything about the tax code.
[57:54.600 --> 58:04.600]  But the point is, is that the state was never given the authority to tax the private property of anybody except corporations because the government created them.
[58:04.600 --> 58:07.600]  They didn't create us.
[58:07.600 --> 58:09.600]  Big difference.
[58:09.600 --> 58:11.600]  Okay.
[58:11.600 --> 58:21.600]  But okay, I want to wrap this up with you, Alex, so get a question ready for me and make it short so I can do this on the other side.
[58:21.600 --> 58:23.600]  James Tammer, I see you there.
[58:23.600 --> 58:25.600]  Mark, Johnny, y'all hang on.
[58:25.600 --> 58:27.600]  We will get this done on the other side.
[58:27.600 --> 58:28.600]  Too sweet.
[58:28.600 --> 58:29.600]  Y'all hang in there.
[58:29.600 --> 58:49.600]  We'll be right back.
[58:49.600 --> 59:06.600]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it. Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture.
[59:06.600 --> 59:08.600]  Enter the recovery version.
[59:08.600 --> 59:27.600]  First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes. Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:27.600 --> 59:47.600]  Bibles for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102 or by ordering online at freestudybible.com.
[59:47.600 --> 59:50.600]  That's freestudybible.com.
[59:50.600 --> 01:00:00.600]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:00:20.600 --> 01:00:38.600]  Gold opened today at $1,670. Silver is trading at $31.59 and Bitcoin is selling for $20.50. Today's edition of the Liberty Beat is sponsored by Central Texas Gun Works, specializing in handgun defense training, concealed handgun license courses, and firearm sales.
[01:00:38.600 --> 01:00:41.600]  Online at CentralTexasGunWorks.com.
[01:00:41.600 --> 01:00:44.600]  And now the news.
[01:00:44.600 --> 01:00:58.600]  On the Daily Caller, in a statement Monday, the Vatican called for major reforms in the world financial system asking for a global public authority to rule over institutions responsible for inequalities and distortions of capitalist development.
[01:00:58.600 --> 01:01:14.600]  In a pair by the Pontifical Council for Justice and Peace, the 41-page document entitled Towards Reforming the International Financial and Monetary Systems in the Context of Global Public Authority emphasized the need for a global monetary policy body removed from national interest.
[01:01:14.600 --> 01:01:23.600]  A statement even listed specific reforms including attacks on financial transactions and making bailouts conditional on virtuous behavior from banks.
[01:01:23.600 --> 01:01:34.600]  From Bloomberg.com, greater demand for virtual currencies could have a negative impact on the reputation of central banks according to a report published by the European Central Bank in October last year.
[01:01:34.600 --> 01:01:41.600]  Since the report was released, Bitcoin has risen more than 55% against the dollar and the use of currency has surged.
[01:01:41.600 --> 01:01:53.600]  In the past 12 months, Bitcoin has more than doubled, strengthening to $16.37 from 5.88 according to data from mt.gox, the world's largest Bitcoin exchange.
[01:01:53.600 --> 01:02:04.600]  The money issued by a decentralized network of computers has recovered after falling to $2.14 in November 2011 from a high of $29.58 five months earlier.
[01:02:04.600 --> 01:02:14.600]  An increase in the value of Bitcoin, the world's largest online currency, may fuel concerns that virtual money could undermine the role of central banks.
[01:02:14.600 --> 01:02:24.600]  Former brokerage customers of MF Global could fully recover cash that was frozen when the trading firm collapsed according to the bankruptcy trustee in the Chapter 11 case.
[01:02:24.600 --> 01:02:38.600]  The projection is based on the latest analysis of recoverable assets available in MF Global's bankruptcy versus pending claims the trustee former FBI director Louis French said in a court filing on Saturday.
[01:02:38.600 --> 01:02:59.600]  The Liberty Beat is sponsored by Sovereign Living, illuminating your path to self-sufficiency online at sovereignliving.tv and by Brave New Books, specializing in suppressed books, DVDs and Liberty meetings online at bravenewbookstore.com.
[01:02:59.600 --> 01:03:15.600]  Music
[01:03:15.600 --> 01:03:22.600]  All right folks, we are back. Okay, let's get this wrapped up with Alex. All right, Alex, you got it?
[01:03:22.600 --> 01:03:35.600]  Yep, last question. Now, upon living with the state, assume I move and get the license and state issued ID card. They eventually pull me over, which they will if there's future. I know they will.
[01:03:35.600 --> 01:03:41.600]  And I wound up having to fight the case on the grounds of not engaged in transportation for hire, not driving, nothing.
[01:03:41.600 --> 01:03:45.600]  And you'll be doing it under a whole new set of laws by the end.
[01:03:45.600 --> 01:04:04.600]  I understand that. I think so. When it comes up that my license has been suspended from Texas or Minnesota, whichever one they pick up, they can obviously jail me for the night, rain me in the morning, then send me packing with my papers and my lack of notice, et cetera, et cetera.
[01:04:04.600 --> 01:04:11.600]  Is there anything more they can do? Are they going to try and extradite me to Texas to make me magically pay my fine in some sort of state jail?
[01:04:11.600 --> 01:04:29.600]  That all depends. If it's a fine on the offense, no. But, you know, they may not release you until you pay the fine and they send it back to Texas, plus any additional fees they charge you.
[01:04:29.600 --> 01:04:33.600]  So pretty much up to there.
[01:04:33.600 --> 01:04:42.600]  Their discretion, right? Well, not if there's anything outstanding against you here. They'll have new charges against you in Minneapolis.
[01:04:42.600 --> 01:04:52.600]  So what they do with that, yeah, that's up to them. But you're not going to be able to get a license in Minneapolis to rectify the problem if you've got this outstanding in Texas.
[01:04:52.600 --> 01:04:59.600]  So you're still going to have to fight the case in Minneapolis regardless.
[01:04:59.600 --> 01:05:09.600]  Okay. And after that, you know, you're going to be hosed. They'll be looking out for you after that from then on because they'll know you cannot get their license.
[01:05:09.600 --> 01:05:11.600]  Okay, that's fine. Okay.
[01:05:11.600 --> 01:05:24.600]  As far as the two people parked in the driveway, the first thing I would ask the cop, other than asking them how long he's been on the force and asking them about his knowledge about the transportation code, could be asking what regular bull action was I engaged in at the time of the stop.
[01:05:24.600 --> 01:05:28.600]  That's what I would ask them to start.
[01:05:28.600 --> 01:05:33.600]  Okay.
[01:05:33.600 --> 01:05:37.600]  Thanks. All right, now we're going to go to James in Texas. James, what can we do for you?
[01:05:37.600 --> 01:05:40.600]  How you doing, James? Thanks for having me.
[01:05:40.600 --> 01:05:43.600]  How am I doing, James? You're James. I'm not James.
[01:05:43.600 --> 01:05:48.600]  Sorry about that, Eddie. But yeah, so I was just calling. I want to appreciate you first of all, really.
[01:05:48.600 --> 01:05:59.600]  Sorry, Matt, I came across your show probably less than a month ago and actually found you on the Internet. And I really appreciate the knowledge on law you have.
[01:05:59.600 --> 01:06:06.600]  And you just really bring it to light. Who would have known that the true law has really been hidden from our site?
[01:06:06.600 --> 01:06:11.600]  Well, I appreciate that. And I'm glad somebody finally found me on the Internet. I've been lost out there for years now.
[01:06:11.600 --> 01:06:19.600]  You know, I've heard you also on 9.1 FM. You know, I've listened. I'm usually not listening at this time at night, but you know, I definitely am at night and I appreciate everything.
[01:06:19.600 --> 01:06:28.600]  You know, I also wanted to bring up that I had a speeding ticket less than a month ago and so I've been really listening to you since then.
[01:06:28.600 --> 01:06:34.600]  And I plan on attending one of your classes at Brave New Books every Sunday. Is that correct?
[01:06:34.600 --> 01:06:40.600]  That's correct. From two to five every Sunday unless they're closed or I'm out of town for whatever reason.
[01:06:40.600 --> 01:06:49.600]  Yes, sir. And so, yeah, there's some time coming out, but, you know, I went and I actually went today and I requested a trial by jury.
[01:06:49.600 --> 01:07:01.600]  And one thing I wanted to ask is should I work, you know, just to get started on my research, should I start to work with the defense of not engaged in transportation?
[01:07:01.600 --> 01:07:03.600]  What's the charge?
[01:07:03.600 --> 01:07:10.600]  Officer, I mean, the charge is eating posted city street.
[01:07:10.600 --> 01:07:12.600]  That's what it says on the paperwork.
[01:07:12.600 --> 01:07:14.600]  And where was this, Austin?
[01:07:14.600 --> 01:07:15.600]  Yes, sir.
[01:07:15.600 --> 01:07:20.600]  What ordinance are they saying you violated?
[01:07:20.600 --> 01:07:28.600]  It says, I do not see an ordinance here. I have the paperwork in front of me.
[01:07:28.600 --> 01:07:34.600]  Let me simplify it for you. Title 12 of the Austin City Ordinances deals with traffic and transportation.
[01:07:34.600 --> 01:07:48.600]  If they're charging you under a city ordinance, they have a severe problem cause 12.03 of that ordinance specifically states that all traffic regulations within the city apply only to government owned and operated vehicles.
[01:07:48.600 --> 01:07:54.600]  Okay. Wow. And so does that apply in like every speeding ticket that goes out in Austin or?
[01:07:54.600 --> 01:07:59.600]  Well, if they're charging you under a state or a city ordinance, yeah.
[01:07:59.600 --> 01:08:05.600]  Now, if they're trying to charge you under state law, then of course they're going to try to argue that the state law applies.
[01:08:05.600 --> 01:08:17.600]  The problem is it doesn't because you're not engaged in transportation and they never prove one of the necessary elements or two of the necessary elements of the speeding charge to begin with.
[01:08:17.600 --> 01:08:30.600]  One of those is engaged in transportation. The other is failed to control your vehicle and caused an accident or damaged property that they tend to forget out of the of the required elements.
[01:08:30.600 --> 01:08:36.600]  Oh, wow. And so that's very interesting because that's just not common knowledge at all.
[01:08:36.600 --> 01:08:50.600]  Okay. And so it does not state on the paperwork that I received today in municipal court where I entered my plea, but I can, I guess I can research it. Should I send in a motion for discovery or how would I say, how would I word that?
[01:08:50.600 --> 01:08:52.600]  To obtain what?
[01:08:52.600 --> 01:08:55.600]  To obtain any evidence against me.
[01:08:55.600 --> 01:09:08.600]  So you send in a public information request to the individual agencies and then, yeah, you file a motion for discovery if they refuse to send you what you asked for in the public information request.
[01:09:08.600 --> 01:09:19.600]  Your motion for discovery then not only is directed to those agencies through the court, it's also directed to the attorney for the state to produce whatever is in their possession.
[01:09:19.600 --> 01:09:36.600]  Okay. And so in that case, that should be my first basis is, you know, not engaged in transportation and then I should worry about trying to challenge, like, you know, any other kind of base grounds for defense.
[01:09:36.600 --> 01:09:39.600]  Correct. Because there isn't any.
[01:09:39.600 --> 01:09:50.600]  If you go to merits in any way, shape, or form, transportation is presumed. Then if you fail to object accordingly, while that presumption is in place, you lose.
[01:09:50.600 --> 01:09:59.600]  Okay. So I have to object every time they assume transportation even, and I can still challenge it even though I did provide a driver's license and insurance.
[01:09:59.600 --> 01:10:07.600]  You're going to find it much, much harder to do because a driver's license is one of the accoutrements associated with that. Did you enter a plea today?
[01:10:07.600 --> 01:10:08.600]  Yes, sir.
[01:10:08.600 --> 01:10:20.600]  Right. Mistake number. God knows how many now. Never, ever enter a plea. Never. Have you been served with a complaint?
[01:10:20.600 --> 01:10:21.600]  No, sir.
[01:10:21.600 --> 01:10:23.600]  Have you been served with a charging instrument?
[01:10:23.600 --> 01:10:24.600]  No, sir.
[01:10:24.600 --> 01:10:31.600]  Then what are you going to do when you walk in the courtroom and find out your own trial for murder? Because that's what's in the complaint.
[01:10:31.600 --> 01:10:34.600]  Good point.
[01:10:34.600 --> 01:10:45.600]  What you've done is given up three very important rights by entering that plea. You have waived your right to notice of the charges against you and to have a written copy thereof.
[01:10:45.600 --> 01:10:57.600]  You have waived in personum jurisdiction. You have waived the right to object to the form, content, and facts stated in the complaint and the charging instrument.
[01:10:57.600 --> 01:10:59.600]  See the problem?
[01:10:59.600 --> 01:11:00.600]  Yes, sir.
[01:11:00.600 --> 01:11:07.600]  You didn't shoot yourself in the foot. You didn't even shoot yourself in the gut. You went straight for the head.
[01:11:07.600 --> 01:11:18.600]  Yes, sir. It makes sense. And I wish I would have known that before I did that. So in my situation I am now, knowing that fact, would you still recommend, you know...
[01:11:18.600 --> 01:11:35.600]  You can fight and try to make the record. You can force them to try to prove it. But the thing is the law in these cases only requires the state to prove a prima facie case, not a case beyond all reasonable doubt.
[01:11:35.600 --> 01:11:37.600]  Okay.
[01:11:37.600 --> 01:11:54.600]  Okay. So in that matter, when I do have a jury trial, which is what I requested, should I bring evidence? And if it does go to trial, should I try to prove other facts or should I try to prove...
[01:11:54.600 --> 01:11:59.600]  If you go to merits, you cannot go to not in transportation.
[01:11:59.600 --> 01:12:01.600]  Okay. So one or the other?
[01:12:01.600 --> 01:12:23.600]  That's correct. You cannot mix and match. The only time you deal with anything that even remotely resembles merits is when you are producing evidence that transportation is commercial in nature, and there is no evidence that you were engaging in that activity in order to be able to commit the alleged defense.
[01:12:23.600 --> 01:12:30.600]  Perfect point taken. Well, I thank you so much. I really appreciate it. I'm looking forward to ending one of your classes there at Prairie Park.
[01:12:30.600 --> 01:12:32.600]  All right. Well, we look forward to having you.
[01:12:32.600 --> 01:12:34.600]  All right. Thanks again, Eddie.
[01:12:34.600 --> 01:12:39.600]  Thanks for calling in. All right. Now we're going to go to Tamara in Texas. Tamara, what can we do for you?
[01:12:39.600 --> 01:12:40.600]  Hi.
[01:12:40.600 --> 01:12:41.600]  Hi.
[01:12:41.600 --> 01:13:00.600]  I spoke with you before back in October about a ticket I received. They pulled me over because of my tags were expired, and I tried to go into the script of not driving, but traveling, and another cop came.
[01:13:00.600 --> 01:13:11.600]  And long story short, he came. He snatched a phone out of my hand. I was on the phone with one of my brothers. He was kind of helping me out because he listened to the radio show, and he snatched a phone out of my hand.
[01:13:11.600 --> 01:13:21.600]  He grabbed my purse. I got out of the car because he kept telling me to get out of the car or I was going to be arrested, and the kids were screaming, and all of this was on tape.
[01:13:21.600 --> 01:13:30.600]  Anyway, long story short, he forced me into the back of the cop car, and he said that if I didn't sit down in the back of the cop car, he's going to take me to jail.
[01:13:30.600 --> 01:13:38.600]  And I said, under what law? I said, how can you say that? He said, well, it's just for being an officer, so I couldn't get arrested for that.
[01:13:38.600 --> 01:13:48.600]  And he said yes. And I said, well, and so then he changed it to saying I can get a ticket. And I said, well, just give me a ticket because I'm not sitting in the back of the cop car on the side of a road.
[01:13:48.600 --> 01:13:55.600]  My kids are standing outside screaming for me. I'm not doing that. You know, he was just going to give me a ticket for an expired tax.
[01:13:55.600 --> 01:14:10.600]  I went to court for the disobeying an officer. I paid the tag one to get the tags renewed. I got that renewed. I paid for that, but I went to court for the disobeying an officer for the pre-trial, and I did trial by jury.
[01:14:10.600 --> 01:14:23.600]  And as they were showing the tape, they didn't show the tape from the dash cam of the other cop because when he had me on the side of the car, the other car would have picked up what was going on.
[01:14:23.600 --> 01:14:32.600]  Well, the officers are actually wearing body mics, and their mic is tuned to the frequency of the recorder in their car.
[01:14:32.600 --> 01:14:41.600]  Okay. Well, in the second officer, the one that pulled up behind the first one, because it was two, they didn't show me that video.
[01:14:41.600 --> 01:14:44.600]  Why didn't you ask for it? Why didn't you do discovery and get it?
[01:14:44.600 --> 01:14:52.600]  Well, because the lady that was there, I don't know if it was the prosecutor or who this lady was, but she was saying, oh, I'm not watching anymore.
[01:14:52.600 --> 01:15:10.600]  I'm just showing this off because she can just have her trial by jury. She got it set, but the tape didn't get to the park to where he said that I disobeyed him, which was me getting in the back of the cop car, because she kept saying, why didn't you give him the information when he was asking for the license and all of that stuff?
[01:15:10.600 --> 01:15:20.600]  And eventually, I showed it to him, and I told him that I'm just showing him this just for proof of identification. I'm not admitting anything, or I'm not giving up any of my rights.
[01:15:20.600 --> 01:15:22.600]  Okay.
[01:15:22.600 --> 01:15:30.600]  Okay. If you want to give them identification, get a state ID card and give them that. Get a passport and give them that. Don't give them a driver's license.
[01:15:30.600 --> 01:15:31.600]  Okay.
[01:15:31.600 --> 01:15:42.600]  That's like being out in the Gulf Coast and a game warden pulling up and accusing you of fishing when all you're doing is sunbathing on the deck of the boat, but there's a pole standing up next to you.
[01:15:42.600 --> 01:15:43.600]  Okay.
[01:15:43.600 --> 01:15:49.600]  And then you give him a fishing license. What's the presumption here?
[01:15:49.600 --> 01:15:54.600]  That you were using that pole at some point and therefore have need of that license.
[01:15:54.600 --> 01:16:11.600]  Okay. All right. Well, I went to court for that, and I have a court date coming up on the first. You actually emailed me a form to send them to get the recordings and the dash cam video, and I emailed you back.
[01:16:11.600 --> 01:16:15.600]  I'm not sure if you got a chance to look at it yet, but I was trying to just make sure I filled it out correctly.
[01:16:15.600 --> 01:16:24.600]  I was actually gone all of last week. So if that happened, then I haven't seen the email. I was in East Texas all of last week.
[01:16:24.600 --> 01:16:31.600]  Okay. Okay. Well, I'm going to court. My biggest question is, is when I go in...
[01:16:31.600 --> 01:16:35.600]  Okay. Hang on a second, Tamara. We'll fix it. Take a break. I'll finish this up with you on the other side.
[01:16:35.600 --> 01:16:36.600]  Okay.
[01:16:36.600 --> 01:16:44.600]  All right. All right, folks, rule of law radio. Johnny, Pat, Mark, I see y'all there. Y'all hang on. I'll try to get this wrapped up so I can get to y'all before we get done.
[01:16:44.600 --> 01:16:51.600]  Y'all hang in there. We'll be right back on the other side. This is your host, Eddie Craig, with the Monday Night Traffic Show on Rule of Law.
[01:16:51.600 --> 01:16:53.600]  We will be right back.
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[01:19:20.600 --> 01:19:33.600]  All right, we are back. We are talking with Tamara in Texas. All right, Tamara, continue, please.
[01:19:33.600 --> 01:19:52.600]  Okay, I'm going to court March 1st and my biggest question is, I'm afraid that they're going to show the first dashcam video and not the second one, which basically shows where he said I committed the disobeying an officer, which is why I received the ticket.
[01:19:52.600 --> 01:19:57.600]  Okay, you got to understand something here. You've asked for a jury trial, right?
[01:19:57.600 --> 01:20:07.600]  Mm-hmm. Now, before you said it was your brother you had on the phone? Yes. Okay. Before you started talking to him, how much of this information did you know and understand?
[01:20:07.600 --> 01:20:19.600]  Not that much. And if someone had walked up to you in that state of mind and started telling you the things your brother has told you, in fact, what was your initial reaction to the thing your brother told you?
[01:20:19.600 --> 01:20:32.600]  Um, I was shocked. Ah, yeah. But were you shocked that he would say such a thing or were you shocked because you believed in what he told you?
[01:20:32.600 --> 01:20:40.600]  Oh, no, I knew it was true. I was just shocked that I just, that I was, you know, getting that kind of information.
[01:20:40.600 --> 01:20:50.600]  Yeah. Okay. Now, you were shocked because you believed it was true. Yes. Your jury is exactly the opposite of that.
[01:20:50.600 --> 01:21:02.600]  Your jury is going to be people that believe that anytime a cop says jump and you failed to just do it without even asking how high you're the one at fault.
[01:21:02.600 --> 01:21:17.600]  Okay. Okay. Now, the question is, once you started paying these fines, then basically you put yourself into an area where everything the cops did was okay.
[01:21:17.600 --> 01:21:37.600]  Okay. Because until transportation was an issue, their authority didn't exist to do what they did. Therefore, there was no obligation on you to obey them because nothing they were telling you to do was lawful.
[01:21:37.600 --> 01:21:38.600]  Okay.
[01:21:38.600 --> 01:21:57.600]  When you started paying the fines, you agreed transportation was an issue. That gave them authority if and only if they are properly certified to enforce those statutes, which now you will never have an opportunity to know.
[01:21:57.600 --> 01:21:58.600]  Okay.
[01:21:58.600 --> 01:22:17.600]  Because you agreed that they also had the authority even if they didn't to do what they did. And on that note, you didn't comply even though you admitted they were in the right by paying the fines and agreeing to their authority and the presence of transportation.
[01:22:17.600 --> 01:22:21.600]  You see how this gets real nasty real quick? Yes.
[01:22:21.600 --> 01:22:22.600]  Okay.
[01:22:22.600 --> 01:22:35.600]  Okay. As Randy puts it, and he's highly accurate in that, touching the tar baby is not a good thing, especially on a hot day. And when it comes to these, these are always hot.
[01:22:35.600 --> 01:22:36.600]  Okay.
[01:22:36.600 --> 01:22:43.600]  Now, have you ever had the experience of finding quick sand by accident?
[01:22:43.600 --> 01:22:45.600]  No.
[01:22:45.600 --> 01:22:53.600]  If you have, do you have any idea what you should or should not do when you're in it?
[01:22:53.600 --> 01:22:55.600]  No, you're not supposed to move.
[01:22:55.600 --> 01:23:01.600]  You should cease any unnecessary movement because that actually causes you to sink faster.
[01:23:01.600 --> 01:23:02.600]  Okay.
[01:23:02.600 --> 01:23:03.600]  Okay.
[01:23:03.600 --> 01:23:06.600]  So the harder you struggle, the quicker you go in.
[01:23:06.600 --> 01:23:07.600]  Okay.
[01:23:07.600 --> 01:23:08.600]  All right.
[01:23:08.600 --> 01:23:09.600]  Okay.
[01:23:09.600 --> 01:23:20.600]  So what you have to do is find a slow measured pace that will allow you to work to the edge to get a grip and get out.
[01:23:20.600 --> 01:23:23.600]  This situation is exactly the same way.
[01:23:23.600 --> 01:23:24.600]  Okay.
[01:23:24.600 --> 01:23:31.600]  You're wanting to fight a charge that you've already agreed is valid. That's very difficult to do.
[01:23:31.600 --> 01:23:33.600]  Okay.
[01:23:33.600 --> 01:23:34.600]  So...
[01:23:34.600 --> 01:23:37.600]  So what should I do now?
[01:23:37.600 --> 01:23:40.600]  You can still fight it for the experience.
[01:23:40.600 --> 01:23:41.600]  Okay.
[01:23:41.600 --> 01:23:49.600]  It will teach you things to go to court. It will teach you to see what a kangaroo court and a railroad job look like at the same time.
[01:23:49.600 --> 01:23:50.600]  Okay.
[01:23:50.600 --> 01:23:57.600]  It will teach you what to listen for, what you're going to see at any given time, what to expect.
[01:23:57.600 --> 01:24:01.600]  The next time you go in there, you will not be as uncomfortable or as fearful.
[01:24:01.600 --> 01:24:02.600]  Okay.
[01:24:02.600 --> 01:24:05.600]  So that's the benefit of fighting when lose or draw.
[01:24:05.600 --> 01:24:06.600]  Okay.
[01:24:06.600 --> 01:24:07.600]  All right.
[01:24:07.600 --> 01:24:11.600]  So is there any way that they can take me to jail for this?
[01:24:11.600 --> 01:24:14.600]  Not if it's just a fine only offense, no.
[01:24:14.600 --> 01:24:15.600]  Yeah, okay.
[01:24:15.600 --> 01:24:16.600]  All right.
[01:24:16.600 --> 01:24:19.600]  But I will tell you you need to be coming to the class on Sundays.
[01:24:19.600 --> 01:24:20.600]  Okay.
[01:24:20.600 --> 01:24:21.600]  And where is this class?
[01:24:21.600 --> 01:24:25.600]  It's at Brave New Books down at the quarter of Martin Luther King and Guadalupe.
[01:24:25.600 --> 01:24:27.600]  Is this in...where is this?
[01:24:27.600 --> 01:24:28.600]  In Austin.
[01:24:28.600 --> 01:24:29.600]  Oh, in Austin.
[01:24:29.600 --> 01:24:30.600]  Okay.
[01:24:30.600 --> 01:24:31.600]  Okay.
[01:24:31.600 --> 01:24:32.600]  All right.
[01:24:32.600 --> 01:24:37.600]  If you can't do that, then we can do phone consultations and things of that nature.
[01:24:37.600 --> 01:24:39.600]  But we can talk about that all fair.
[01:24:39.600 --> 01:24:40.600]  Okay.
[01:24:40.600 --> 01:24:41.600]  Yeah.
[01:24:41.600 --> 01:24:44.600]  I think I'm going to need some help for the future because I really just, I didn't know
[01:24:44.600 --> 01:24:45.600]  what to do.
[01:24:45.600 --> 01:24:46.600]  It scared me and...
[01:24:46.600 --> 01:24:47.600]  Yeah.
[01:24:47.600 --> 01:24:48.600]  And that's the intent.
[01:24:48.600 --> 01:24:53.200]  The intimidation factor is where they get away with getting people to make the mistakes
[01:24:53.200 --> 01:24:56.600]  that allow them to succeed in what they're doing.
[01:24:56.600 --> 01:25:02.600]  Considered my job to be to teach you how to avoid those mistakes and not let them intimidate you.
[01:25:02.600 --> 01:25:03.600]  Okay.
[01:25:03.600 --> 01:25:09.600]  I'm the kind of guy that makes a cop very, very nervous because I'm absolutely unafraid
[01:25:09.600 --> 01:25:12.600]  of him and that freaks them out.
[01:25:12.600 --> 01:25:13.600]  Wow.
[01:25:13.600 --> 01:25:14.600]  Yeah.
[01:25:14.600 --> 01:25:15.600]  I can tell.
[01:25:15.600 --> 01:25:16.600]  I just...
[01:25:16.600 --> 01:25:17.600]  Okay.
[01:25:17.600 --> 01:25:22.600]  Well, so I just need to go in there and just...my game's based on and just say, hey, this is
[01:25:22.600 --> 01:25:27.600]  me disputing it because I didn't disobey him, he shoved me in the back of the car and that's
[01:25:27.600 --> 01:25:28.600]  why I'm here.
[01:25:28.600 --> 01:25:33.600]  Or is there a way that I can ask them a request to just go to that part of the tape?
[01:25:33.600 --> 01:25:34.600]  Because...
[01:25:34.600 --> 01:25:35.600]  Sure.
[01:25:35.600 --> 01:25:41.600]  If they try to use any piece of evidence, especially a video or something of that nature,
[01:25:41.600 --> 01:25:45.600]  they cannot exclude you from using the same thing and any part of it.
[01:25:45.600 --> 01:25:51.600]  If they introduce one millisecond of it, you have access to 100% of it.
[01:25:51.600 --> 01:25:52.600]  Okay.
[01:25:52.600 --> 01:25:53.600]  And that's...
[01:25:53.600 --> 01:25:58.600]  But the problem is, is if you don't know where the time index or the particular point is,
[01:25:58.600 --> 01:26:04.600]  the court's going to harass you to get you to not use it because you haven't already got
[01:26:04.600 --> 01:26:06.600]  your ducks in a row, so to speak.
[01:26:06.600 --> 01:26:14.160]  So you need a copy of that so that you can view it and know what the time index is according
[01:26:14.160 --> 01:26:19.400]  to the little time counter on there and everything so you know where to wind it to and stop so
[01:26:19.400 --> 01:26:20.600]  that it'll play.
[01:26:20.600 --> 01:26:21.600]  Okay.
[01:26:21.600 --> 01:26:24.600]  And how long does it take for that request, for that to get sent to me?
[01:26:24.600 --> 01:26:25.600]  I mean, do you think?
[01:26:25.600 --> 01:26:28.600]  They have up to 10 days to do it.
[01:26:28.600 --> 01:26:29.600]  Really?
[01:26:29.600 --> 01:26:30.600]  Yes.
[01:26:30.600 --> 01:26:31.600]  I still have time.
[01:26:31.600 --> 01:26:32.600]  Okay.
[01:26:32.600 --> 01:26:33.600]  Yeah.
[01:26:33.600 --> 01:26:34.600]  If you get it filed immediately, you should.
[01:26:34.600 --> 01:26:39.800]  You do a PIR to the police department and you can do a motion for discovery filed with
[01:26:39.800 --> 01:26:45.680]  the court requesting that the prosecution produce all evidence whether they intend to
[01:26:45.680 --> 01:26:48.040]  use it or not.
[01:26:48.040 --> 01:26:54.040]  Anything that shows culpability or anything that shows proof of innocence.
[01:26:54.040 --> 01:26:55.040]  Okay.
[01:26:55.040 --> 01:26:58.040]  Exculpatory evidence is the technical term for it.
[01:26:58.040 --> 01:26:59.040]  Okay.
[01:26:59.040 --> 01:27:00.040]  Motion for...
[01:27:00.040 --> 01:27:01.040]  Okay.
[01:27:01.040 --> 01:27:02.040]  And what about the form that you sent me?
[01:27:02.040 --> 01:27:03.040]  Should I just resend that to you?
[01:27:03.040 --> 01:27:05.040]  The form is a PIR.
[01:27:05.040 --> 01:27:09.240]  That's what you send to the agencies themselves asking for the video and the audio and all
[01:27:09.240 --> 01:27:10.240]  the other stuff.
[01:27:10.240 --> 01:27:11.240]  Okay.
[01:27:11.240 --> 01:27:12.240]  Okay.
[01:27:12.240 --> 01:27:13.240]  I just wanted to make sure it was filled out correctly.
[01:27:13.240 --> 01:27:17.040]  What I'm going to do is I'm just going to resend it to you and if you could just look
[01:27:17.040 --> 01:27:18.040]  and see if I...
[01:27:18.040 --> 01:27:19.040]  If that's...
[01:27:19.040 --> 01:27:20.040]  I'll do what I can.
[01:27:20.040 --> 01:27:21.040]  Okay.
[01:27:21.040 --> 01:27:22.040]  All right.
[01:27:22.040 --> 01:27:23.040]  Thank you so much for your help.
[01:27:23.040 --> 01:27:24.040]  Got one.
[01:27:24.040 --> 01:27:25.040]  You're very welcome.
[01:27:25.040 --> 01:27:26.040]  Oh, and when you send that email, be sure to include your phone number.
[01:27:26.040 --> 01:27:27.040]  Okay.
[01:27:27.040 --> 01:27:28.040]  I sure will.
[01:27:28.040 --> 01:27:29.040]  Thank you so much.
[01:27:29.040 --> 01:27:30.040]  You're welcome.
[01:27:30.040 --> 01:27:31.040]  Okay.
[01:27:31.040 --> 01:27:32.040]  All right.
[01:27:32.040 --> 01:27:33.040]  Bye-bye.
[01:27:33.040 --> 01:27:34.040]  Okay.
[01:27:34.040 --> 01:27:35.040]  All right.
[01:27:35.040 --> 01:27:36.040]  Now we're going to go to Mark in Wisconsin.
[01:27:36.040 --> 01:27:37.040]  Mark, what can we do for you?
[01:27:37.040 --> 01:27:38.040]  Using jurisdiction for municipalities.
[01:27:38.040 --> 01:27:39.040]  Okay.
[01:27:39.040 --> 01:27:40.040]  Wait, wait, wait.
[01:27:40.040 --> 01:27:41.040]  Stop.
[01:27:41.040 --> 01:27:42.040]  You glitched for some reason.
[01:27:42.040 --> 01:27:49.040]  We missed like a second and a half of that, so say that again.
[01:27:49.040 --> 01:27:50.040]  Okay.
[01:27:50.040 --> 01:27:55.040]  Randy said you were the guy to talk to about challenging jurisdiction and municipalities.
[01:27:55.040 --> 01:27:58.040]  I got a case right now where the ticket's not signed.
[01:27:58.040 --> 01:28:00.040]  I sent a notice to the police.
[01:28:00.040 --> 01:28:02.040]  The ticket doesn't have to be signed.
[01:28:02.040 --> 01:28:03.040]  It does here.
[01:28:03.040 --> 01:28:04.040]  It does where?
[01:28:04.040 --> 01:28:05.040]  In Wisconsin?
[01:28:05.040 --> 01:28:06.040]  In Wisconsin.
[01:28:06.040 --> 01:28:07.040]  Yeah.
[01:28:07.040 --> 01:28:08.040]  Okay.
[01:28:08.040 --> 01:28:09.040]  But they're not signing any of the tickets.
[01:28:09.040 --> 01:28:16.040]  It says right here at 800.022A, the citation or complaint shall be signed by a law enforcement
[01:28:16.040 --> 01:28:17.040]  officer.
[01:28:17.040 --> 01:28:18.040]  Okay.
[01:28:18.040 --> 01:28:20.040]  The citation or complaint.
[01:28:20.040 --> 01:28:21.040]  Right.
[01:28:21.040 --> 01:28:26.040]  Are they going to use the citation as a complaint or do they have a separate complaint?
[01:28:26.040 --> 01:28:28.040]  They usually do.
[01:28:28.040 --> 01:28:29.040]  They usually do what?
[01:28:29.040 --> 01:28:31.040]  They usually use the citation.
[01:28:31.040 --> 01:28:32.040]  Okay.
[01:28:32.040 --> 01:28:35.040]  But do you have confirmation that's what they're doing in your case?
[01:28:35.040 --> 01:28:40.040]  What they usually do and what they can do, two different things?
[01:28:40.040 --> 01:28:43.040]  Well, I'm going down to check the record tomorrow.
[01:28:43.040 --> 01:28:44.040]  Okay.
[01:28:44.040 --> 01:28:48.040]  And is there anything in Wisconsin that says it has to be in the record a certain number
[01:28:48.040 --> 01:28:53.040]  of days ahead of time and provided to you a certain number of days ahead of time?
[01:28:53.040 --> 01:28:54.040]  No.
[01:28:54.040 --> 01:28:55.040]  Okay.
[01:28:55.040 --> 01:28:56.040]  All right.
[01:28:56.040 --> 01:29:01.040]  Well, then what I would do if or when I appear in court and they attempt to proceed, I would
[01:29:01.040 --> 01:29:06.040]  demand the motion to dismiss, there's no issue before the court, the law requires the citation
[01:29:06.040 --> 01:29:10.040]  to be signed by the law enforcement officer and it isn't.
[01:29:10.040 --> 01:29:14.040]  Therefore, the court lacks jurisdiction and I want to dismissal with prejudice.
[01:29:14.040 --> 01:29:15.040]  Okay.
[01:29:15.040 --> 01:29:16.040]  Yeah.
[01:29:16.040 --> 01:29:21.040]  And I also sent her a message so that she would have an opportunity to cure it.
[01:29:21.040 --> 01:29:22.040]  And I don't know.
[01:29:22.040 --> 01:29:23.040]  Send who a message?
[01:29:23.040 --> 01:29:25.040]  The police officer.
[01:29:25.040 --> 01:29:27.040]  And you did this why?
[01:29:27.040 --> 01:29:30.040]  When somebody breaks into your house, you say, hey, let me check your gun and make sure
[01:29:30.040 --> 01:29:35.040]  the clip's loaded and you got one in the pipe.
[01:29:35.040 --> 01:29:38.040]  Do you do that?
[01:29:38.040 --> 01:29:41.040]  I'll tell you why after the break.
[01:29:41.040 --> 01:29:42.040]  Okay.
[01:29:42.040 --> 01:29:43.040]  Hang on.
[01:29:43.040 --> 01:29:44.040]  All right, folks.
[01:29:44.040 --> 01:29:45.040]  This is Rule of Law Radio.
[01:29:45.040 --> 01:29:48.040]  I'd give you the calling number, but I've got enough people up here and it's a very little
[01:29:48.040 --> 01:29:49.040]  time to get them.
[01:29:49.040 --> 01:29:50.040]  Y'all hang in there, folks.
[01:29:50.040 --> 01:30:16.040]  We'll be right back on the other side.
[01:30:16.040 --> 01:30:18.040]  Privacy is under attack.
[01:30:18.040 --> 01:30:22.040]  When you give up data about yourself, you'll never get it back again.
[01:30:22.040 --> 01:30:27.040]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.040 --> 01:30:28.040]  So protect your rights.
[01:30:28.040 --> 01:30:32.040]  Say no to surveillance and keep your information to yourself.
[01:30:32.040 --> 01:30:33.040]  Privacy.
[01:30:33.040 --> 01:30:34.040]  It's worth hanging onto.
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[01:33:03.900 --> 01:33:06.600]  You're listening to the logos radio network
[01:33:06.600 --> 01:33:26.600]  Logos radio network
[01:33:26.600 --> 01:33:29.840]  We are back. This is rule of law radio
[01:33:29.840 --> 01:33:36.160]  Okay, where you are going to finish up with mark in Wisconsin. All right mark. What was the reason for this? Oh
[01:33:37.280 --> 01:33:39.280]  There's a there's another
[01:33:39.240 --> 01:33:42.560]  There's another statute that says to strike any pleading or
[01:33:43.560 --> 01:33:50.240]  Or complaint you must notify the other side and they must fix it within a reasonable amount of time
[01:33:50.240 --> 01:33:59.080]  Okay, but again, how is it your responsibility to make to inform them they have something they have to cure?
[01:34:00.640 --> 01:34:05.980]  Because in the statute it says you have to notice them and if they don't cure it then you can strike it
[01:34:06.920 --> 01:34:08.920]  Okay, but
[01:34:09.360 --> 01:34:13.960]  That would apply to certain things, but it can't apply to the state's
[01:34:13.960 --> 01:34:18.320]  Requirement to put in a proper charging instrument now
[01:34:18.320 --> 01:34:23.160]  You can notice them that the charging instrument contains other defects as far as facts
[01:34:23.680 --> 01:34:28.520]  But are you sure that that group requires you to notice them of the lack of signature?
[01:34:29.640 --> 01:34:33.960]  Yeah, that's what it says in the civil because and according to what you're telling me
[01:34:34.200 --> 01:34:39.360]  It's not even a valid filing if it lacked the signature to begin with
[01:34:39.360 --> 01:34:47.400]  So what you should be doing is informing the court. Hey, you have no case nothing valid has been filed with the court
[01:34:49.760 --> 01:34:55.560]  Okay, okay, that's who you should be informing that they that they have something that has to be cured
[01:34:57.640 --> 01:35:04.240]  Then here's how it will work if the court then informs the officer that they have to come in and do it
[01:35:04.320 --> 01:35:07.200]  Who just cooperated with the state?
[01:35:07.200 --> 01:35:10.560]  To get what's needed to prosecute you I
[01:35:13.000 --> 01:35:20.880]  Didn't know the court did how do you get a fair and impartial trial in the court that is now cooperating with the accuser?
[01:35:21.720 --> 01:35:23.720]  To ensure that you're brought to court
[01:35:27.080 --> 01:35:28.600]  Right, right
[01:35:28.600 --> 01:35:34.280]  Hey, does that go to does that go to personal jurisdiction too because they said here for to acquire if there's nothing
[01:35:34.280 --> 01:35:38.360]  No valid issue before the court the court lacks jurisdiction of any kind
[01:35:39.240 --> 01:35:41.240]  personal or otherwise
[01:35:42.760 --> 01:35:45.920]  Okay, so you think I should notice the court then
[01:35:47.320 --> 01:35:48.360]  Absolutely
[01:35:48.360 --> 01:35:55.040]  The court is the court can't go forward it lacks jurisdiction. There is no valid issue before the court
[01:35:55.040 --> 01:35:59.040]  There's no valid filing before the court, you know, I want to dismissal
[01:35:59.040 --> 01:36:07.160]  All right, and I was I was going to ask you how does that go to personal jurisdiction when they say that they acquire personal jurisdiction by personally?
[01:36:07.840 --> 01:36:10.680]  giving a complaint to a to a
[01:36:12.480 --> 01:36:18.200]  Defendant no, they don't when the company they can't they cannot get personal jurisdiction just because they handed something to somebody
[01:36:18.960 --> 01:36:23.240]  First off whatever they're giving has to apply to that person to begin with
[01:36:23.240 --> 01:36:29.000]  That person has to have a duty to be subjected to whatever it is. They fail to do
[01:36:30.440 --> 01:36:36.640]  See the thing when they issue you a transportation citation and you're not in transportation you had no duty
[01:36:37.360 --> 01:36:42.160]  Therefore you could not have violated any regulation associated with that duty
[01:36:44.640 --> 01:36:46.640]  See the problem
[01:36:47.000 --> 01:36:52.320]  Right, so they don't get personal jurisdiction just because they hand you over to the court
[01:36:52.320 --> 01:36:54.320]  because they hand you a piece of paper
[01:36:55.520 --> 01:37:00.280]  But my question is is they they say that they can get personal jurisdiction
[01:37:00.720 --> 01:37:06.160]  If they hand it to you, that's one of the elements and the other element is that you show up in plead
[01:37:06.440 --> 01:37:13.040]  So how can you how can you challenge personal jurisdiction if they gave you a faulty citation?
[01:37:14.920 --> 01:37:20.920]  My special appearance state has not proved standing to bring you into court at all
[01:37:20.920 --> 01:37:26.720]  and if they can't prove standing they don't have personal jurisdiction and
[01:37:27.360 --> 01:37:33.760]  They the court doesn't have subject matter jurisdiction. That's what a special appearance is for is to withhold
[01:37:34.680 --> 01:37:42.320]  Personal jurisdiction if you file anything in your case that fails to reserve special appearance
[01:37:42.680 --> 01:37:47.200]  When state has failed to prove standing for something like a fine only offense
[01:37:47.200 --> 01:37:52.600]  Because our argument is they're not criminal. They're civil to begin with because state never proved standing
[01:37:53.120 --> 01:37:55.120]  So a special appearance applies
[01:37:56.200 --> 01:38:04.560]  All right. Hey and Randy said you might know a way to challenge subject matter jurisdiction telling the municipality to produce the contract
[01:38:05.160 --> 01:38:07.160]  No
[01:38:07.680 --> 01:38:11.880]  That's if they're trying to charge you under an ordinance under an ordinance
[01:38:11.880 --> 01:38:16.480]  That you have to either work for the city or you have to be a contractor with the city
[01:38:17.880 --> 01:38:22.160]  Because an ordinance is not a law and as a corporate entity
[01:38:22.160 --> 01:38:27.040]  That's the only capacity in which they can make an ordinance and a corporation's
[01:38:28.080 --> 01:38:30.200]  policies and procedures applies to who
[01:38:32.040 --> 01:38:34.040]  Employees and contractors
[01:38:35.120 --> 01:38:38.960]  Now when people go to court Eddie, they'll say yes, we know it's not a law
[01:38:38.960 --> 01:38:45.400]  It's an ordinance, but you're subject to it. So just challenge the challenge of subject matter jurisdiction. You're saying correct
[01:38:46.120 --> 01:38:49.560]  They're trying to say you're subject to it and they have no evidence of that
[01:38:49.560 --> 01:38:53.720]  They're making a legal conclusion based upon their opinion and nothing more
[01:38:54.760 --> 01:39:00.320]  Now do you do give them an affidavit to stating that you're not an employee
[01:39:02.440 --> 01:39:04.640]  Who bears the burden of proof you or them
[01:39:04.640 --> 01:39:10.640]  They do but uh, isn't it better to have uh, if you if you're the only one with
[01:39:11.520 --> 01:39:14.400]  Evidence on the record, then you have you have better standing, right?
[01:39:15.400 --> 01:39:17.400]  You would have a better case
[01:39:17.960 --> 01:39:26.800]  Okay, all right, but you can simply assert I am not of employee or contractor with the municipality and its corporate capacity to be subject to its ordinances
[01:39:28.040 --> 01:39:31.040]  Therefore, what is the city's evidence that I am?
[01:39:31.040 --> 01:39:37.040]  Cool. Hey, do you have any subject matter jurisdiction challenges that I could get from you so I could look it over?
[01:39:38.040 --> 01:39:40.040]  Well, I guess that depends on what the subject matter is
[01:39:41.040 --> 01:39:47.040]  It's just for a municipality for the kind of stuff you we know the subject matter is not municipalities. It's the offense
[01:39:50.040 --> 01:39:53.040]  The subject matter is the alleged offense
[01:39:53.040 --> 01:39:58.040]  So the challenge to jurisdiction is going to be applicable according to the alleged offense
[01:40:00.040 --> 01:40:07.040]  Not where it's going unless the place where it's going specifically is forbidden jurisdiction by law
[01:40:09.040 --> 01:40:12.040]  Then you can make a general application of lack of jurisdiction
[01:40:12.040 --> 01:40:22.040]  Otherwise lack of jurisdiction subject matter is going to be based upon the alleged offense
[01:40:27.040 --> 01:40:31.040]  Okay, okay kind of lost me at it. I didn't really understand. Okay. Class C fine onlys
[01:40:33.040 --> 01:40:39.040]  Municipal and justice courts in Texas have original jurisdiction therefore the original case cannot be used
[01:40:39.040 --> 01:40:44.040]  If it's filed in the county court originally then you can have the case dismissed for lack of subject matter jurisdiction
[01:40:45.040 --> 01:40:49.040]  Because that court does not have original jurisdiction of that level of offense
[01:40:51.040 --> 01:40:52.040]  Okay
[01:40:54.040 --> 01:40:57.040]  But I'm using that as an example. That's an example of when the court itself
[01:40:57.040 --> 01:41:07.040]  Lacks jurisdiction generally otherwise it's based upon the offense and in that example it's the offense
[01:41:08.040 --> 01:41:14.040]  The offense is one that's class C fine only therefore the county court lacks original jurisdiction
[01:41:14.040 --> 01:41:26.040]  By law, okay
[01:41:27.040 --> 01:41:32.040]  All right, so there's a million different challenges you can come up with and I don't
[01:41:33.040 --> 01:41:37.040]  You know I'd have to get specifics on what it is you're trying to challenge to know if I could help you or not
[01:41:37.040 --> 01:41:43.040]  Oh, it's just this obstructing and you know, okay, that doesn't tell me anything Mark
[01:41:44.040 --> 01:41:48.040]  I don't know what courts in your state have jurisdiction of those offense what level of offense they are
[01:41:49.040 --> 01:41:51.040]  I need that information and I need what laws apply to them
[01:41:52.040 --> 01:41:57.040]  Oh, okay. All right. Okay. All right. Thanks a lot Eddie. Appreciate it. Yes, sir. Thanks for calling in
[01:41:57.040 --> 01:42:06.040]  All right, we are running short on time. We have Pat in Texas Pat. What can we do for you?
[01:42:07.040 --> 01:42:09.040]  Evening Eddie
[01:42:10.040 --> 01:42:12.040]  Pull over again out here in the Wild West
[01:42:13.040 --> 01:42:14.040]  Yeah, I heard
[01:42:15.040 --> 01:42:17.040]  Yeah, there's lots of fun out here
[01:42:18.040 --> 01:42:24.040]  I'm going to need some help with some charge and I was going to ask for help
[01:42:24.040 --> 01:42:27.040]  And reimbursement is headed your way if you want to help me with it
[01:42:28.040 --> 01:42:32.040]  I had a illegal stop performed
[01:42:33.040 --> 01:42:38.040]  All kinds of threats all aggravated everything all the way down
[01:42:39.040 --> 01:42:42.040]  They were interfering with a 911 call
[01:42:43.040 --> 01:42:47.040]  I've already requested the 911 copies
[01:42:48.040 --> 01:42:49.040]  I'll talk to our dear share
[01:42:49.040 --> 01:42:56.040]  You there? Yeah, I'm here. All right. Yeah, if you could help me with charge sheets the
[01:42:57.040 --> 01:42:59.040]  I have David's and stuff I can do the needle
[01:43:00.040 --> 01:43:03.040]  Okay, well if you can if you can send me all the facts and the actors
[01:43:04.040 --> 01:43:08.040]  Dates times all that. Yeah, I'll certainly be happy to see what I can do
[01:43:09.040 --> 01:43:10.040]  All right. I do appreciate
[01:43:10.040 --> 01:43:20.040]  I had non-dourage headed into Sanderson yesterday of about poor patrol vehicles because they are vehicles
[01:43:21.040 --> 01:43:24.040]  With about people in them and a deputy behind them
[01:43:25.040 --> 01:43:28.040]  Okay, hang on just second Pat you gonna be able to hold on for just a minute?
[01:43:29.040 --> 01:43:30.040]  Yeah, yeah
[01:43:31.040 --> 01:43:35.040]  Okay, hold on we'll get you on the other side just a minute
[01:43:35.040 --> 01:43:40.040]  Hold on we'll get you on the other side Johnny Tyler. I see you there guys don't hang up
[01:43:41.040 --> 01:43:43.040]  I will get to you if at all possible
[01:43:44.040 --> 01:43:48.040]  This is rule of law radio folks. This is the Monday night traffic show
[01:43:49.040 --> 01:43:53.040]  Listen in learn a lot. That's my hope. That's my goal. We'll be right back
[01:43:59.040 --> 01:44:02.040]  It is so enlightening to listen to 90.1 FM
[01:44:02.040 --> 01:44:08.040]  But finding things on the internet isn't so easy and neither is finding like-minded people to share it with
[01:44:09.040 --> 01:44:11.040]  Oh, well, I guess you haven't heard of Brave New Books then
[01:44:12.040 --> 01:44:13.040]  Brave New Books?
[01:44:14.040 --> 01:44:20.040]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul and G. Edward Griffin
[01:44:21.040 --> 01:44:23.040]  They even stock Interfood, Berkey products and Calvin Soap
[01:44:24.040 --> 01:44:26.040]  There's no way a place like that exists
[01:44:26.040 --> 01:44:31.040]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street just south of UT
[01:44:32.040 --> 01:44:35.040]  Oh by UT? There's never anywhere to park down there
[01:44:36.040 --> 01:44:43.040]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore
[01:44:44.040 --> 01:44:46.040]  It does exist, but when are they open?
[01:44:47.040 --> 01:44:51.040]  Monday through Saturday 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays
[01:44:51.040 --> 01:44:58.040]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com
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[01:46:14.040 --> 01:46:21.040]  All right, we are back and we are talking to Pat out in West Texas
[01:46:22.040 --> 01:46:27.040]  Oh, we lost Pat. Where did Pat go?
[01:46:28.040 --> 01:46:33.040]  Okay. Well, for lack of Pat, we're going to go on to Johnny. Johnny, what's up?
[01:46:34.040 --> 01:46:35.040]  Hey, Eddie.
[01:46:35.040 --> 01:46:44.040]  Just kind of wanted to, I don't really have a question. I just wanted to pose something to you, mainly just to get people thinking
[01:46:45.040 --> 01:46:51.040]  You've, in your last few calls, you've talked about elements of crimes
[01:46:52.040 --> 01:47:00.040]  You've talked about just the different various elements of crimes and I've heard you talk about, you know, the not-in-transportation argument
[01:47:00.040 --> 01:47:13.040]  Another position that I started in addition to that is not in traffic because if you look up the definition of traffic and it's not defined in the statutes
[01:47:14.040 --> 01:47:28.040]  but in any law dictionary, it's usually defined as something along the lines of commerce, trade, sale, or exchange of things and merchandise for bills and money, passing or exchange of goods or, you know, commodities for equivalent goods of money
[01:47:28.040 --> 01:47:41.040]  But you, you know, when you get into all the definitions in the code and you get into the elements of any given crime, there's always one element of every crime
[01:47:42.040 --> 01:47:49.040]  which no one seems to ask and I mean, I've asked it a few times and it really frustrates prosecution and it really rings some bells with juries
[01:47:49.040 --> 01:48:03.040]  But, you know, regardless of any of the definitions and statutes that you argue against, none of that really matters until they prove what is an element of every crime which is how does that code apply to me?
[01:48:04.040 --> 01:48:05.040]  How does it attach to me?
[01:48:06.040 --> 01:48:11.040]  Well, yeah, the code regulates a given activity and that's what I'm saying
[01:48:11.040 --> 01:48:26.040]  But now, just not trying to bust the chops, but you are incorrect in one capacity and that is that traffic is defined in Texas law in two places, one in the penal code in Chapter 20A and again in 541.301
[01:48:26.040 --> 01:48:42.040]  And traffic as defined in the Texas Transportation Code for all of Subtitles C and only Subtitles C, traffic means pedestrians, ridden or herded animals and conveyances including vehicles and streetcars
[01:48:43.040 --> 01:48:50.040]  Singly or together while using a highway for the purposes of travel, not transportation, but of travel
[01:48:50.040 --> 01:48:56.040]  I saw that under Rules of the Road. Interestingly though, the transportation is not defined
[01:48:57.040 --> 01:48:59.040]  That's correct. That term is not defined
[01:49:00.040 --> 01:49:09.040]  But regardless of what is defined and what isn't defined in the code, none of those definitions matter unless the code is applicable to me
[01:49:10.040 --> 01:49:11.040]  Correct
[01:49:11.040 --> 01:49:22.040]  Exactly, hence the not in transportation argument. In order to charge me under that code, you have to prove I'm engaged in the regular activity associated with that code
[01:49:23.040 --> 01:49:28.040]  Even if I were engaged in transportation as defined by their code
[01:49:29.040 --> 01:49:31.040]  Yeah, the burden of proof is still on them to prove it
[01:49:32.040 --> 01:49:34.040]  And what makes that code applicable to me?
[01:49:34.040 --> 01:49:41.040]  I'm not really asking you to answer the question, it's just something that I've raised in court and the judges and the prosecutors absolutely hate it
[01:49:42.040 --> 01:49:48.040]  And if you tell a jury up front, look, this is one of the most important questions that needs to be answered here
[01:49:49.040 --> 01:49:57.040]  How is this code applicable to me? And if they're so certain that it is, it should be very easy for them to prove and it should be very easy for them to articulate
[01:49:57.040 --> 01:50:06.040]  But throughout the course of this trial, you're going to see this question asked numerous times and at the end of this trial, you're going to see that it is the one question that they avoided like the plague
[01:50:07.040 --> 01:50:15.040]  And that really sets off bells with juries because, I mean, really, you know, there's a maximum law which says against one who denies first principle, there can be no debate
[01:50:16.040 --> 01:50:19.040]  Which, you know, really the how does the code apply to me question falls under that
[01:50:20.040 --> 01:50:24.040]  So I just thought, you know, if you want to answer it, you can, but I mainly just wanted to ask it
[01:50:24.040 --> 01:50:38.040]  No, you're right. You're absolutely correct. The only problem you have, not you, but is in court, is the jury automatically assumes if it's written in a code it applies to everyone in every case
[01:50:39.040 --> 01:50:40.040]  That's where the real issue comes in
[01:50:41.040 --> 01:50:49.040]  Yeah, you really got to get them thinking about it. And, you know, tell the jury in your opening statement, look, you know, this is one of the most important questions that needs to be answered
[01:50:49.040 --> 01:50:54.040]  How is the code applicable to me? And if it's so easy for them to prove, they should be able to state it
[01:50:55.040 --> 01:51:00.040]  But what you're going to see throughout the course of this trial is prosecution avoiding this question like flagging by the end of it
[01:51:01.040 --> 01:51:07.040]  Remind them, I told you in the beginning that they weren't going to answer the question, you've seen them, you know, get violent and yell and scream and everything else when the question has been asked
[01:51:08.040 --> 01:51:13.040]  And it really does tend to get a lot of them, not always, but it does tend to get a lot of them thinking
[01:51:13.040 --> 01:51:18.040]  Yeah, one that I like to try to use is Parks and Wildlife Code
[01:51:19.040 --> 01:51:29.040]  Okay, if you're not fishing, you're not camping, you're not on public land, you're in your yard, in suburban, whatever, does the Parks and Wildlife Code apply to you?
[01:51:30.040 --> 01:51:32.040]  Yeah, I see what you're saying
[01:51:34.040 --> 01:51:40.040]  You know, where does any provision of the Parks and Wildlife Code have anything to do with you under those conditions?
[01:51:40.040 --> 01:51:50.040]  Absolutely. Well, and I just want to make another quick comment for the lady they called in earlier when they were asking her about failure to follow an order
[01:51:51.040 --> 01:52:01.040]  I've actually been through that quite a few times and I've been issued some citations for it, but interestingly those citations have never been turned in and I've never had to go to court on it
[01:52:01.040 --> 01:52:12.040]  When I'm dealing with officers, I'll usually ask them right up front, is there a record of this interaction being made just to remind them that, you know, because I know there is
[01:52:13.040 --> 01:52:19.040]  I just want to remind them of it and then from everything from that point forward is forward on the record, officer, and then, you know, whatever questions I have
[01:52:20.040 --> 01:52:26.040]  And when they start threatening me, telling me they're going to arrest me for failure to follow an order, I'll tell them
[01:52:26.040 --> 01:52:33.040]  Sir, forward on the record, you know, you and I both know, I'm happy to follow any lawful order that you give
[01:52:34.040 --> 01:52:40.040]  Before the record, you and I both know that an order is not made lawful just because it comes out of your mouth, it has to have a lawful basis
[01:52:41.040 --> 01:52:51.040]  I don't believe there's any lawful basis for the order that you just gave and I've seen no evidence to the contrary and believe that none exist, but if you articulate it to me, I'll be happy to follow that order
[01:52:51.040 --> 01:52:55.040]  And 99% of the time they'll back off
[01:52:56.040 --> 01:53:02.040]  Yeah, because they know they're in the wrong. That's what I was telling the lady earlier about the intimidation portion
[01:53:03.040 --> 01:53:08.040]  Everything they do is geared to intimidate you and get you to stop thinking. They win when you stop thinking
[01:53:09.040 --> 01:53:13.040]  Most of what they do depends on your being intimidated
[01:53:13.040 --> 01:53:24.040]  And when the intimidation goes away, it's usually they who become either intimidated or more prone to screwing up and handing you all kinds of ammo to see the pants right off of them either way
[01:53:25.040 --> 01:53:28.040]  Yeah, I appreciate their efforts in those cases
[01:53:29.040 --> 01:53:35.040]  Yep, yep, absolutely. Well, I just wanted to, I just wanted to pose that to you and just kind of try to get people thinking about it
[01:53:36.040 --> 01:53:37.040]  Well, good information. Appreciate the call
[01:53:38.040 --> 01:53:39.040]  Thanks Eddie
[01:53:39.040 --> 01:53:49.040]  Alright, bye bye. Bye. Alright, running on fumes here. Now we have Tyler in, well, is this Wyoming or it's Wyoming?
[01:53:50.040 --> 01:53:51.040]  Tyler, what can we do for you?
[01:53:54.040 --> 01:53:55.040]  Tyler?
[01:53:59.040 --> 01:54:03.040]  Alright, well, Tyler's not available. Let's go to Danny in Illinois
[01:54:04.040 --> 01:54:06.040]  Danny, what can we do for you?
[01:54:06.040 --> 01:54:10.040]  Well, well, I missed you. You've been gone for a while
[01:54:11.040 --> 01:54:13.040]  I've been gone? I missed one Monday
[01:54:14.040 --> 01:54:19.040]  Okay, well, I think I tried calling Randy on a Friday
[01:54:20.040 --> 01:54:21.040]  I'm sorry
[01:54:22.040 --> 01:54:29.040]  But anyway, I got a federal tax lien and I thought I'd ask what your thoughts on it would be
[01:54:29.040 --> 01:54:36.040]  Well, I guess I would say why are you letting them put a tax lien on you?
[01:54:37.040 --> 01:54:39.040]  Because I don't know how to stop them
[01:54:40.040 --> 01:54:42.040]  Well, therein lies the rub
[01:54:43.040 --> 01:54:44.040]  Yes
[01:54:45.040 --> 01:54:52.040]  Okay, you've opened up Pandora's box, so to speak
[01:54:52.040 --> 01:54:58.040]  You're asking how to beat the system after the system already has you in a sleeper hold
[01:54:59.040 --> 01:55:00.040]  Okay
[01:55:03.040 --> 01:55:07.040]  This is a discussion that's going to take a lot longer than I've got time left to do
[01:55:07.040 --> 01:55:13.040]  I've got less than four minutes and I can't even begin to tell you the definition of IRS before that ends
[01:55:14.040 --> 01:55:18.040]  I sent you an email. I'll send it to you again, so see you
[01:55:18.040 --> 01:55:19.040]  When did you send it?
[01:55:19.040 --> 01:55:25.040]  Back when I tried talking to Randy and he wasn't available
[01:55:26.040 --> 01:55:32.040]  Okay, go ahead and send me another one and I'll see if I can find its twin in my inbox
[01:55:33.040 --> 01:55:36.040]  I have not even had a chance to go back and start dissecting emails yet
[01:55:37.040 --> 01:55:39.040]  Okay, I'll send it again tonight
[01:55:39.040 --> 01:55:56.040]  Okay, but now as far as the federal tax lien goes, you will find that if you go down and look at the form that was filed, the form begins with the information contained in subsection B on the back of the federal tax lien
[01:55:56.040 --> 01:56:08.040]  What is never posted is section A, which says that that lien can only be levied against corporations and federal employees
[01:56:10.040 --> 01:56:17.040]  So the tax lien is illegal because it can't be levied against the people of the states
[01:56:17.040 --> 01:56:29.040]  But they conveniently send a document to the counties that omits section A that is the law that governs that lien
[01:56:31.040 --> 01:56:39.040]  And it starts in section B that the county or the person receiving the tax assessment and lien shall do the following things
[01:56:40.040 --> 01:56:44.040]  But what they don't include is who they can do it to
[01:56:44.040 --> 01:56:56.040]  Because that would throw a very big monkey wrench in the spoke of their bicycle tire while they're riding down the side of a very steep hill and hoping you don't notice them bearing down on you
[01:56:58.040 --> 01:57:04.040]  Okay, well, I think we're pretty much out of time
[01:57:05.040 --> 01:57:12.040]  Well, I appreciate the call, but that's a real big subject to get into from there. Let me see if I can manage to get Tyler, but thanks for calling in, Danny
[01:57:12.040 --> 01:57:14.040]  All right, thank you. Bye-bye
[01:57:15.040 --> 01:57:30.040]  All right, and we lost Tyler again. He was there and now he's gone. This is not working here. Okay. Well, that's going to leave me with absolutely no time to get them back on the board and get them done
[01:57:31.040 --> 01:57:38.040]  So that being said, I appreciate everybody that has called in. I have noticed we've got no callers calling about the exercise
[01:57:38.040 --> 01:57:45.040]  Interesting. Not only did they have questions their own, but no one addressed the exercise except for the one gentleman
[01:57:46.040 --> 01:57:55.040]  And I'll cover that on the next show. We'll go back over that and I'll play the role as I feel it would be wise to do in the instance of taking it to court
[01:57:56.040 --> 01:58:02.040]  All right. That being said, Tyler, I said put you back on the board, man, but I do not have time to get through you. We are out of time
[01:58:02.040 --> 01:58:08.040]  So if you want to send me an email, I'll see what I can do about getting an answer to you, but I do appreciate you calling in
[01:58:09.040 --> 01:58:14.040]  Folks, this has been the Monday night rule of law radio traffic show. I am your host Eddie Craig
[01:58:15.040 --> 01:58:19.040]  Thank you all so much for the calls, for the questions, for the information, for the kudos
[01:58:20.040 --> 01:58:24.040]  We greatly appreciate you out there and appreciating us
[01:58:24.040 --> 01:58:31.040]  Please remember to support us financially. We need your donations. We need your funds. That's what keeps us going here
[01:58:32.040 --> 01:58:37.040]  So folks, thank you all for listening. Good night and God bless
[01:58:37.040 --> 01:58:42.040]  God bless
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