Hour 1 Guest: Tom Woods. (www.TomWoods.com)
Hours 2-4: Hosts take calls.
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12-03-10 Rule of Law
Hosts play the audio clip of Eddie's discussion at the City Manager's Office concerning the apparent...05-10-10 Rule Of Law
ROL_2010-05-10_128k.mp3 ROL_2010-05-10_16k.mp3
Hours 1 and 2:
[Randy is giving a foreclosure seminar in San Diego.]
Author Tom Woods calls in for a half hour interview from the Atlanta airport. He summarizes [at 0hr05m] the principle, history, and practice of “nullification”. In 1798, Jefferson (in his anonymous Kentucky Resolve, and Madison in his Virginia Resolve) first used the word to describe the proper action by a State that felt that a Congressional act was unconstitutional. In 1789 there was great hostility toward the Sedition Act that John Adams had signed into law (with great hesitation), despite the fact that the Constitution did not grant Congress the power to create such legislation. (In fact, the First Amendment specifically prohibits such legislation.) Woods mentions that certain northern States nullified the intent of the Fugitive Slave Act during the early decades of the nineteenth century, particularly in the more abolition-minded New England. [Ironically, nullification was first used in New England to counter President Jefferson’s ill-conceived embargo against the British. The ultimate form of nullification, secession, was seriously considered during the Madison administration. The disastrous War of 1812 was highly unpopular, particularly in New England (see Hartford Convention).] Woods mentions South Carolina’s nullification of the “Tariff of Abominations” in the 1830s as well as present-day examples: medical marijuana, Montana gun laws, Real ID, etc. He concurs with Jefferson’s appraisal that the Ninth and Tenth Amendments were the heart and soul of the Constitution.
Deborah and Eddie discuss [at 0hr34m] the evil that is the Seventeenth Amendment.
Gary (TX) asks [at 0hr52m30s] about what to do with a red light camera tickets.
Janet (TX) wants to know [at 1hr10m30s] how to recall corrupt local officials and speculates on the wisdom of starting anew with our laws.
Danny (IL) describes [at 1hr19m20s] his notifying the traffic (civil) court by mail that he out-of-town and unavailable for court for awhile. The court ignored his notification and found him guilty. Eddie suggests reading the Rules of Civil Procedure to learn where the court screwed up (e.g., proper service).
Mark (WI) talks about [at 1hr31m30s] writing “inadmissible – for settlement purposes only” (in Wisconsin). Also on the opposing (defendant’s) attorney waiving service.
Sam (GA) [at 1hr36m] returns to tell of his victory in his situation per a speeding ticket. Sam buried the court with demands the prosecutor could not confront.
Hours 3 & 4:
Mike (TX) returns [at 0hr05m40s] asking for suggestions about appealing his seatbelt ticket case. He has preserved his record concerning lack of subject jurisdiction, lack of oath of office, and the prosecutor being the affiant.
Ken (TX) tells [at 0hr13m20s] of his new website/blog for people to post criminal activities of government servants. Per his criminal complaints against Plano’s city officials, the Plano city attorney’s letter basically sanctions the criminal activities of those city officials.
Janet’s husband, Frank (TX) [at 0hr27m] suggests large groups of people attending city council meetings and holding them accountable. Eddie adamantly supports at education of bailiffs so that they will yank unlawful judges off their daises.
Deborah reads [at 0hr39m] a news story quoting a British Petroleum electronics technician’s (Michael Williams) testimony that the warning system on the drilling platform had been disabled the night before the deadly April 20 explosion.
Carl (TX) says [at 0hr46m] that 8.5 million gallons of oil dispersant have been released into the Gulf. Also, Carl talks about his expired tags and lack of examining trial. Eddie suggests that Carl state that he is making a special (not general) appearance. [Speaking of which, Eddie declares that he is about to release a massive update to his Traffic Seminar.] Eddie explains tickets, complaints, and informations. In Texas municipal courts, an information can only be signed by a county or district attorney.
Christian (LaPorte, TX) gives an update [at 1hr06m30s] on the fishing industry on the Texas coast.
Michael (MD) has more questions [at 1hr19m] regarding his research [see ROL show dated 20100722] of the Maryland Constitution and the meaning of the ‘people’s right to regulate police’. Eddie says the Texas Constitution does not authorize the existence of police (or even the Texas Rangers). He also raises interesting questions about the difference between meeting one’s accuser in criminal versus civil cases. Eddie points out that in civil cases the accuser is actually the plaintiff, as well as anomalies with the use of complaints and police “witnesses” in Texas.
Christian returns [see ROL show dated 20100702] to ask [at 1hr32m] about what to do when getting the run-around by OSHA concerning their regulations (e.g., BP toxic chemicals, etc). Eddie weighs in that all regulating agencies are under the control of the special interest industries that they are supposed to be regulating. Eddie relates his experience in Washington working as a computer programmer with the legislative branch and seeing how congressional aides (not congressmen) are the ones who do all of the work and know what is going on. Christian says an evacuation has begun of his part of the Gulf coast. A discussion about the dangers of seafood from the Gulf, tropic storms lifting toxic chemicals into the atmosphere and over America, and how the oil has rounded the Keys and is off the East Coast.
Ray (Austin) asks [at 1hr46m30s] about the legality of situation wherein a friend’s blood was taken following his single-vehicle accident after his friend had signed a probation contract after a DUI conviction. Ray then opines that (1) ‘Austin is a protected place’ according to Ray’s contacts in the military, (2) a Gulf hurricane would dilution the oil into a few parts per million, and (3) Houston is a lost cause (i.e., an unprotected place) due mostly to fact that the inhabitants are so incredibly uninformed about the realities of the world for lack of effort to become informed.
Deborah puts a little perspective on this last point by describing [at 1hr56m] how she was led to the alternative media by her husband stumbling upon 100.1FM in the car one day and hearing Alex Jones and other unusual viewpoints – her point being that sometimes people simply do not have access, through no fault of their own of lack of effort, to a better source of information.
HOUR 1 & 2
Author Tom Woods will be in town for symposium (http://WeTexans.com) and will speak at a dinner banquet. Debra Medina will also speak.
Tom has wrote ten books, writes for Lew Rockwell website http://LewRockwell.com/, and recently wrote book Nullification http://www.amazon.com/Nullification-Resist-Federal-Tyranny-Century/dp/1596981490/ref=sr_1_1?ie=UTF8&s=books&qid=1282510522&sr=8-1
Nullification is the response Thomas Jefferson’s suggests when the Feds go beyond their bounds. States should say the Federal law is null in the State.
Tom set up website for State nullification. http://StateNullification.com
Discussion of State nullification resolutions and laws.
Resistance by states five years ago to Real ID Act was recent start to state nullification. California medical marijuana laws are in place, even though the state has lost in federal court.
Deborah says there is resistance to chipping livestock.
Best example of state nullification was in South Carolina when state nullified tariffs in 1830s. Feds agreed to lower tariffs.
http://www.TomWoods.com/
Misinterpretation of constitutional clauses: General Welfare, Commerce
31:55
Deborah asks why does state have monopoly on prosecuting criminally? In civil, people can hire their own “prosecutor” attorney.
Eddie says constitution restricts government, not the people. We the people have failed by not keeping the government bound by the constitution, with recent example being the health care bill.
Deborah discusses repeal of 17th amendment of federal government. http://en.wikipedia.org/wiki/Seventeenth_Amendment_to_the_United_States_Constitution This changed senators from being appointed by state to being elected by people of the state. This effectively removes power of states to have voice in federal government, thus abolishing “state’s rights”. When senators were appointed, the states could recall the senators at any time if senators were voting against state interests. Now the special interests control the senators.
Deborah says Michael Badnarik says 3/4 of states would need to get together, or it could be changed by federal legislators.
Eddie says 17th amendment was implemented in 1913, along with Federal Reserve Act, and 16th amendment (income tax).
47:45
Deborah discusses “crazy laws” article about law against eye rolling.
52:33
Gary from Texas.
Asks Eddie what steps to follow if receiving red light camera citation in the mail. Citation was given in city near San Antonio.
Find out name of camera company that issued citation. Are they licensed to operate as investigative company by secretary of state? It will likely be an out-of-state company that is not registered.
Administrative finding guilt is illegal because it is a bill of attainder.
Kubosh brothers helped Jim Ash have red light cameras banned in College Station. They are now working the issue in Austin.
Where/when was notice mailed from? How to go to local hearing?
Red light city ordinances in Texas don’t have enacting clauses, so they are not laws.
70:25
Janet from Texas.
Concerned about people saying we should throw out the elected people who are doing us wrong, which allows them to stay in office for duration of term. What are remedies for faster action?
Deborah says some cities/states allow recall of elected officials. This is not in Texas. Abolishing or reworking constitution is not necessary, just enforcing what we already have. Bill Still has documentary “Secret of Oz” says we need more laws about debt. Deborah says HJR 192 already says no more debt is allowed.
Forum at http://ruleOfLawRadioFan.proboards.com is hosted by a listener.
79:17
Danny in Illinois.
Traffic ticket question. Found guilty when he did not appear. Says this is civil matter in Illinois. Was served by mail.
Eddie asked if regular mail delivery is OK or if they need personal or certified mail. Listener did not know.
Eddie says anything sent to court should be certified mail. Know what you are getting into before going to court, along with court procedure to be followed. Find where they violated the law or civil procedures.
Charged under state laws. What are the laws? Because it is civil, they can’t arrest you. They can only provide penalties related to your driver’s license.
If a convicted person pays the fine, there is no more remedy except lack of jurisdiction.
91:31
Mark in Wisconsin.
The opposing party waived service, and plaintiff Mark has copy of signed waiver of service. Defendant’s attorney says they will not waive service.
Bar grieve defendant’s attorney that he is misleading the court. Also for lying to his client.
“Move the court to make judicial determination whether waiver of service as signed by defendant will stand.”
Attorney introducing evidence by his own word should be objected to: objection facts not in evidence, objection attorney is testifying and should be a witness under oath to allow cross-examination.
96:02
Sam in Georgia.
Citation for speeding. Citation offense is speeding at 76, though code was not cited. Remarks section contained abbreviations and “estimated speed 85”.
Asked for oath of office of everyone. Asked for municipal insurance policy. Asked for types of radar and subpoenaed radar equipment information. Asked for financials to determine if they have financial instruments. Asked for CUSIP numbers upon bond related to signature on citation.
Told story about questions that were asked of him before court started by a nervous court employee.
Sam says to dress in a suit when going to court. Put everything into filed pleading paper work.
Deborah asks to see case law that says a corporation can not sue a breathing person.
HOUR 3 & 4
5:34
Mike in Texas.
Continuation of previous call about traffic ticket that went to court of appeals who said they don’t have jurisdiction. Going to court of criminal appeals.
Eddie says to check filing deadlines and procedures.
13:15
Ken in Texas.
http://municipalCourtFraud.com to collect people’s experiences in municipal court.
Traffic case with Plano, Texas. Criminal complaints against prosecutor, judge, police, bailiff. Sent letter to city manager and assistant mayor and city attorney replied with: complaints against officials in their official duties has raised no viable facts and raise any complaints in court.
Eddie says courts in Texas are divided about officials committing crime while exercising public duties. They have no immunity, per O’Connor book, that they have no immunity when committing crimes or rights during public office.
Can bar grieve the city attorney. City attorney not allowed to cover for illegal acts of public officials.
Ask district attorney to file charges. If DA refuses, go to grand jury.
26:46
Janet from Texas’ husband Frank.
Concerned that our small victories are not enough to turn the tide of corruption. Suggests people observe government, find violations, and make citizen’s arrests.
Eddie presents information from Larry Nelson on getting appearances with Texas state speaker of house.
Laura.Grable@house.state.tx.us is assistant. Suggests we request accessible access before legislature to address issues.
Frank suggests officials be placed lower than public so public looks down on them.
[ Jon’s note: German legislature public viewing area looks down, onto the officials. http://www.bundestag.de/htdocs_e/index.html Same with US Congress public viewing area and Colorado State house public viewing area. ]
Eddie says education of bailiff on his duties will be useful in controlling judges. Eddie suggests patriots take over counties and states like New Hampshire. http://www.freestateproject.org/
38:30
Deepwater Horizon well chief engineer testified alarms had been deliberately disabled for a year. Violation fines had been routinely paid.
Eddie suggests fine cost should be high including any profits.
Deborah says murder charges are appropriate. Questions health effects of dispersants.
Eddie questions for how long seafood will be poison with DNA alterations? Calls it genocide for profits.
45:50
Karl from Texas.
8.5 million gallons of dispersant was used. Equivalent of 1,000 gasoline tanker trucks or nearly three supertanker ships.
Traffic violation for expired tags. Made court appearance and did not enter plea. Filed several motions. Response was that an arrest warrant was issued. Asked to appear at “appearance docket” and resolve it. State you are “making a special appearance under threat and duress not to be considered a general appearance”. Petition or motion for examining trial. Do this all in writing.
Eddie says traffic seminar material is about to be updated with new motions including pretrial motions.
Subject matter jurisdiction is not granted by defendant. They either have it or they don’t.
In personam jurisdiction can be withheld and they can only get it after proving subject matter jurisdiction.
A ticket is not a complaint. 45.18 code of criminal procedure specifies a valid complaint. Information must be filed in all misdemeanor cases.
64:20
Eddie tells Pelosi genie joke.
66:20
Christian from La Porte.
State representative assistant is Laura Grabel 512.463.0610. Ask her to schedule time for appearance before legislature.
Oil in Galveston is worsening. Shrimping is ruined. Clean-up workers are endangered. Asks how to fight the polluting corporations?
Eddie says stand up and fight. Eddie travels without license and without license plate and could be (incorrectly) thrown in jail.
79:13
Michael from Maryland.
Follow-up on call from previous night about Maryland constitution language. Paraphrasing, “the people have exclusive right to regulate police”.
Eddie says police and Texas Rangers are not in Texas constitution.
Question on due process.
In civil there is no accuser as in criminal. Understand the procedural rules.
Criminal requires beyond a reasonable doubt. Civil requires preponderance of evidence.
In traffic violation, can police be both accuser and witness? Check the procedural rules.
91:47
Christian from La Porte.
Had contacted OSHA regarding oil spill. Has contacted Congress about delay of OSHA response.
Deborah says for unsafe corporate practices, a person harmed can file a civil case.
Eddie says federal government agencies are bought and sold by special interests. The legislators are also bought off. We let the legislators too far from our grasp, and they ran off.
Deborah asks about tropical storm and possible evacuation.
Christian says evacuation began two days ago. Says well is still leaking and people are still fishing.
Eddie says oil on water will be picked up and spread to the land. Avoid seafood from Gulf Coast.
Deborah says oil is on New Jersey beaches and approaching New England due to the gulf stream current, which goes to open ocean before New England. Will only eat fresh water fish.
Christian says instead of using ice, the shrimpers use chemical preservatives.
105:27
Ray in Texas.
Friend in Williamson County with DUI and dirty urine. In jail without bond set because of revoked probation.
Violating probation can result in jail without bond.
Deborah says a Texas law allows them to take blood in case of serious accident without consent. This needs to be challenged.
Ray says Austin is designated as a safe area because revolution will begin in Austin. Deborah questions Ray about this statement.
Ray says hurricane will dilute everything, and nature is taking care of itself. Says most patriots are in Austin.
Deborah worries about Houston population leaving and going to Austin. People are controlled by mainstream media. Describes how she was awaken by her husband who heard information on micro-broadcasters several years ago.