[00:00.000 --> 00:06.000] The Bill of Rights contains the first ten amendments of our Constitution. [00:06.000 --> 00:09.460] They guarantee the specific freedoms Americans should know and protect. [00:09.460 --> 00:10.880] Our liberty depends on it. [00:10.880 --> 00:14.840] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember [00:14.840 --> 00:17.740] one of your constitutional rights. [00:17.740 --> 00:19.320] Privacy is under attack. [00:19.320 --> 00:22.920] When you give up data about yourself, you'll never get it back again. [00:22.920 --> 00:27.720] And once your privacy is gone, you'll find your freedoms will start to vanish too. [00:27.720 --> 00:28.720] So protect your rights. [00:28.720 --> 00:32.760] Say no to surveillance and keep your information to yourself. [00:32.760 --> 00:33.760] Privacy. [00:33.760 --> 00:35.440] It's worth hanging on to. [00:35.440 --> 00:39.720] This public service announcement is brought to you by Startpage.com, the private search [00:39.720 --> 00:43.280] engine alternative to Google, Yahoo, and Bing. [00:43.280 --> 00:45.160] Start over with Startpage. [00:45.160 --> 00:50.160] Most of us know that taking the fifth means you're choosing to remain silent about a [00:50.160 --> 00:51.160] criminal matter. [00:51.160 --> 00:55.400] It's a good way to remember that the Fifth Amendment spells out what can and can't happen [00:55.400 --> 00:57.960] to you when you're accused of a criminal offense. [00:57.960 --> 01:02.240] The Fifth guarantees due process, prohibits trying someone more than once for the same [01:02.240 --> 01:04.800] crime, and lets you keep your mouth shut. [01:04.800 --> 01:09.920] The Founding Fathers inserted these constitutional provisions to protect citizens from torture. [01:09.920 --> 01:14.360] Back in the day, governments often used painful methods to extract confessions. [01:14.360 --> 01:18.320] The Fifth Amendment also prohibits the government from taking your house and land without paying [01:18.320 --> 01:19.320] you for it. [01:19.320 --> 01:20.320] That used to happen a lot too. [01:20.320 --> 01:21.320] I'm Dr. Catherine Albrecht. [01:21.320 --> 01:32.360] More news and information at CatherineAlbrecht.com. [01:32.360 --> 01:36.600] The Bill of Rights contains the first ten amendments of our Constitution that guarantee [01:36.600 --> 01:39.800] the specific freedoms Americans should know and protect. [01:39.800 --> 01:41.280] Our liberty depends on it. [01:41.280 --> 01:45.160] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember [01:45.160 --> 01:48.160] one of your constitutional rights. [01:48.160 --> 01:49.720] Privacy is under attack. [01:49.720 --> 01:53.360] When you give up data about yourself, you'll never get it back again. [01:53.360 --> 01:57.840] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:57.840 --> 01:59.360] So protect your rights. [01:59.360 --> 02:03.120] Say no to surveillance and keep your information to yourself. [02:03.120 --> 02:05.880] Privacy, it's worth hanging on to. [02:05.880 --> 02:10.160] This public service announcement is brought to you by StartPage.com, the private search [02:10.160 --> 02:13.720] engine alternative to Google, Yahoo, and Bing. [02:13.720 --> 02:15.400] Start over with StartPage. [02:15.400 --> 02:19.440] The number 666 reminds me of evil. [02:19.440 --> 02:24.120] I also associate it with the sick feeling one might get when falsely accused of a heinous [02:24.120 --> 02:28.440] crime, or when thinking about sickos who actually do commit acts of murder and mayhem. [02:28.440 --> 02:34.240] Either way, the number 666 can help you remember that the Sixth Amendment deals with the constitutionally [02:34.240 --> 02:37.520] guaranteed rights Americans have in a criminal trial. [02:37.520 --> 02:41.800] Those include the right to a speedy public trial, the right to an impartial jury, the [02:41.800 --> 02:45.800] right to full information about the charges, the right to an attorney, and the right to [02:45.800 --> 02:48.440] confront any witnesses face to face. [02:48.440 --> 02:52.080] 666, sick, sickos, and the Sixth Amendment. [02:52.080 --> 02:53.080] Get it? [02:53.080 --> 02:54.280] I'm Dr. Catherine Albrecht. [02:54.280 --> 03:23.280] More news and information at CatherineAlbrecht.com. [03:24.280 --> 03:54.200] Okay, howdy, howdy, Randy Felton, Brett Fountain, and you of our radio. [03:54.200 --> 04:18.400] We've got to get all of these lawless judges and attorneys to call in. [04:24.200 --> 04:52.440] We're going to go ahead and open up the phone lines. [04:52.440 --> 05:02.440] The call in number is 512-646-1984, 512-646-1984. [05:02.440 --> 05:07.000] Okay, can you hear me now? [05:07.000 --> 05:08.960] I reconnected my device. [05:08.960 --> 05:18.600] I've been having some issues, but sometimes my Skype stops seeing my headset and little [05:18.600 --> 05:21.000] mixer here right in the middle of the sentence. [05:21.000 --> 05:26.200] Well, I know, I get it, you've got the issue that you've always talked about where you [05:26.200 --> 05:28.720] got to go out in the street and get yourself a 10-year-old. [05:28.720 --> 05:36.840] Well, I tried the screaming cuss method, and I prayed to God about it, but he may have [05:36.840 --> 05:40.520] actually given me what I asked for. [05:40.520 --> 05:42.640] Sometimes you have to be careful what you ask for. [05:42.640 --> 05:44.480] Okay, our call lines are open. [05:44.480 --> 05:46.880] We have Tina on the line. [05:46.880 --> 05:53.120] We were just kind of wasting time because neither one of us had something to talk about, [05:53.120 --> 05:55.240] and fortunately, Tina paid us out. [05:55.240 --> 05:56.240] Hello, Tina. [05:56.240 --> 05:57.240] Hello, Randy and Greg. [05:57.240 --> 06:00.240] Let me turn my Bluetooth off and my speaker off. [06:00.240 --> 06:01.240] There you go. [06:01.240 --> 06:06.960] I'm sure you can hear me better now. [06:06.960 --> 06:07.960] You took your Bluetooth out. [06:07.960 --> 06:09.960] How about I take all my teeth out? [06:09.960 --> 06:16.040] No, I'm not going to do that because I sound funny when I don't have my teeth in. [06:16.040 --> 06:17.720] You do? [06:17.720 --> 06:19.920] I think you sound funny any time. [06:19.920 --> 06:23.400] Oh, even funnier when I don't have my teeth in. [06:23.400 --> 06:29.200] You could ask Mary Krennic, we were in Austin at a really nice restaurant right on the Colorado [06:29.200 --> 06:36.600] River, and I sneezed, and my top plate bounced across the table. [06:36.600 --> 06:39.440] Wish you were somewhere else? [06:39.440 --> 06:40.440] Okay. [06:40.440 --> 06:41.440] Yes. [06:41.440 --> 06:51.800] Well, I wanted to just ask you a little bit about that issue we were having with Ashmeen [06:51.800 --> 06:52.800] last week. [06:52.800 --> 07:00.560] She is working on her timeline, but one of the things she told me this week, really, [07:00.560 --> 07:13.000] I find very alarming, is that she had a private attorney that she hired through a recommendation [07:13.000 --> 07:26.120] from her coworker where she had the accident, and so she's had this attorney since 2015. [07:26.120 --> 07:33.680] The case, it's a personal injury case, first he told her that we'd go for five million. [07:33.680 --> 07:34.680] They offered one million. [07:34.680 --> 07:40.800] He said, no, we're going to settle for three, and this is 2015, and now we're in 2022. [07:40.800 --> 07:46.320] He said she wouldn't be able to go to trial for it. [07:46.320 --> 08:01.320] Then, fast forward to this year, the former...the trustee in her bankruptcy case hired her personal [08:01.320 --> 08:09.760] injury attorney to represent her personal injury case within the bankruptcy, and he [08:09.760 --> 08:17.800] told her that he now works for the trustee, not her. [08:17.800 --> 08:21.600] Her personal injury attorney now works for the trustee. [08:21.600 --> 08:23.080] That is a conflict of interest. [08:23.080 --> 08:24.080] Yeah. [08:24.080 --> 08:25.080] They ought to back out. [08:25.080 --> 08:26.080] Humongous. [08:26.080 --> 08:30.400] Then how did the judge approve that? [08:30.400 --> 08:31.400] I mean... [08:31.400 --> 08:33.400] Was it brought to the judge's attention? [08:33.400 --> 08:39.600] Well, the judge approved it. [08:39.600 --> 08:41.840] There's something we're missing here. [08:41.840 --> 08:44.720] How could that not be a conflict of interest? [08:44.720 --> 08:54.160] Would her lawyer have information that would be...that would create a conflict of interest? [08:54.160 --> 08:55.920] I would think it would be. [08:55.920 --> 09:03.160] I've advised her, and I'm going to help her write a letter to get her entire loan file, [09:03.160 --> 09:10.280] and then after that, the bankruptcy trustee hired my personal injury attorney to work [09:10.280 --> 09:11.280] for him. [09:11.280 --> 09:21.400] The trustee hired his own law firm at $700 an hour, and then in December, they asked [09:21.400 --> 09:28.280] for an increase in fees, and the judge granted the request of the trustee to hire his own [09:28.280 --> 09:33.360] law firm and charge $700 an hour for bankruptcy. [09:33.360 --> 09:34.360] Okay. [09:34.360 --> 09:35.360] Hold on. [09:35.360 --> 09:36.360] He hired... [09:36.360 --> 09:37.360] Somebody's getting a cut. [09:37.360 --> 09:41.560] He hired his own law firm to represent him? [09:41.560 --> 09:44.560] To represent Ashmeen. [09:44.560 --> 09:54.600] This thing smells really like a rat here, and I don't know...apart from getting the [09:54.600 --> 09:59.920] loan file, she's never seen her file, her case file, anything. [09:59.920 --> 10:05.600] In the personal injury case, she has seen nothing, and she's seen nothing in her Workman's [10:05.600 --> 10:10.960] Comp case, which was settled for less than what she was expecting, but that's another [10:10.960 --> 10:20.760] issue we'll go to, but she's not seen anything in paper from these attorneys. [10:20.760 --> 10:29.440] So besides asking for the loan file and then filing complaint against the judges for allowing [10:29.440 --> 10:35.400] such...and the trustees for allowing such a huge conflict of interest, what's the other [10:35.400 --> 10:39.520] step that I can help her take? [10:39.520 --> 10:40.520] Petition for writ of mandamus. [10:40.520 --> 10:41.520] Petition for writ of mandamus. [10:41.520 --> 10:42.520] Get it out of their... [10:42.520 --> 10:43.520] That reaches up out of their space. [10:43.520 --> 10:53.240] And get it to some judges that might not have been paid off in this instance. [10:53.240 --> 10:59.360] I'm not saying the Court of Appeals judges are not paid off, but not in this particular [10:59.360 --> 11:13.200] case, and ask them to order the trial judge to strike the law firm as having a conflict [11:13.200 --> 11:14.200] of interest. [11:14.200 --> 11:15.200] Okay. [11:15.200 --> 11:26.080] You know, suddenly the personal injury case started with this attorney at $5 million. [11:26.080 --> 11:27.080] They offered $1 million. [11:27.080 --> 11:33.600] He said, we'll settle for $3 million, and just recently after she gave the judge $4 million, [11:33.600 --> 11:38.440] her attorney called right afterwards and said, oh, I've got an offer on the table for $500,000, [11:38.440 --> 11:44.480] and I'm taking $100,000, $600,000, $66,000, whatever. [11:44.480 --> 11:52.960] It turns out to be one and then all sixes, you know, which is exactly one-third of $500,000, [11:52.960 --> 11:55.320] which is the devil's number, I know. [11:55.320 --> 12:02.800] And then he's adding all the costs on top of that paperwork, postage, travel, you know, [12:02.800 --> 12:03.800] anything. [12:03.800 --> 12:06.400] He's adding all that to it. [12:06.400 --> 12:10.440] So she's going to come out with nothing if she accepts it, but we're not going to let [12:10.440 --> 12:11.440] her accept it. [12:11.440 --> 12:18.600] So how does a case go from $5 million down to $500,000? [12:18.600 --> 12:21.040] That's a really difficult question to ask. [12:21.040 --> 12:25.880] How did it get to $5 million in the first place? [12:25.880 --> 12:31.440] Did the other side ever accept the $3 million offer? [12:31.440 --> 12:36.760] Were the lawyers throwing out their exorbitantly large numbers? [12:36.760 --> 12:38.760] There's a whole lot that we don't know. [12:38.760 --> 12:46.520] So it would be hard to give a definitive answer with as little as we have. [12:46.520 --> 12:55.160] Well, hopefully, we can get the whole case file without them redacting or hiding or, [12:55.160 --> 12:58.960] you know, spurting some of it away. [12:58.960 --> 13:04.560] I'm just going to try to Google to find out how to ask for that to make sure they don't [13:04.560 --> 13:12.800] hide it and have her and her son go pick it up from the office. [13:12.800 --> 13:18.160] And that hopefully should tell us something because she's seen absolutely nothing about [13:18.160 --> 13:22.760] what transpired between the two parties. [13:22.760 --> 13:27.560] Has she requested all the records from her lawyer? [13:27.560 --> 13:28.560] Not yet. [13:28.560 --> 13:29.560] She's not helping. [13:29.560 --> 13:30.560] I told her she needs to do that. [13:30.560 --> 13:31.560] ASAP. [13:31.560 --> 13:32.560] Oh, absolutely. [13:32.560 --> 13:33.560] She likes to do that. [13:33.560 --> 13:35.120] Well, she didn't know. [13:35.120 --> 13:37.760] She's very naive at this. [13:37.760 --> 13:40.120] She's been taken complete advantage of. [13:40.120 --> 13:43.160] She's, you know, she's a senior citizen, a grandmother. [13:43.160 --> 13:46.840] She is, this is, you know, I mean, this is all new to us. [13:46.840 --> 13:48.600] She relied on people. [13:48.600 --> 13:55.920] And as she told the judge, we helped her, she's been totally financially raped by all [13:55.920 --> 13:58.080] her attorneys, the judges, everything. [13:58.080 --> 14:03.360] And she's finally standing up to them and learning how to speak up for herself. [14:03.360 --> 14:04.360] Yeah. [14:04.360 --> 14:05.600] It takes a while. [14:05.600 --> 14:08.680] Initially, you imagine that everybody's on the up and up. [14:08.680 --> 14:11.360] You imagine these people are all professionals. [14:11.360 --> 14:12.360] They know what they're doing. [14:12.360 --> 14:13.360] They'll figure this out. [14:13.360 --> 14:14.360] They do it right. [14:14.360 --> 14:15.360] Yeah. [14:15.360 --> 14:19.640] Can you find out they're all criminals? [14:19.640 --> 14:20.640] All criminals. [14:20.640 --> 14:23.920] I mean, it's disgusting what's going on. [14:23.920 --> 14:26.120] It's really and utterly disgusting. [14:26.120 --> 14:30.720] And it's interesting to note that her loan is, I think, with a Fannie Mae. [14:30.720 --> 14:34.080] And it really smacks of the Riziki case. [14:34.080 --> 14:35.080] Remember that one, Brandy? [14:35.080 --> 14:36.080] Wait a minute. [14:36.080 --> 14:37.080] This is confusing. [14:37.080 --> 14:43.160] You have a mortgage issue combined with some kind of personal injury issue? [14:43.160 --> 14:49.920] Well, she's in bankruptcy over this mortgage issue. [14:49.920 --> 14:58.800] And the judge brought in her personal injury case into the bankruptcy and her workman's [14:58.800 --> 14:59.800] comp. [14:59.800 --> 15:02.000] The trustees brought it all in. [15:02.000 --> 15:03.000] She didn't put it in. [15:03.000 --> 15:04.000] They brought it in. [15:04.000 --> 15:06.000] Because they didn't know how much money... [15:06.000 --> 15:12.040] Well, if she had a claim, that would be necessary to bring it into the bankruptcy. [15:12.040 --> 15:13.520] But it can be exempt. [15:13.520 --> 15:16.160] It can be exempt. [15:16.160 --> 15:22.760] Because that claim would represent funds that would satisfy the mortgage. [15:22.760 --> 15:23.760] Yes. [15:23.760 --> 15:24.760] That is true. [15:24.760 --> 15:26.760] Well, what would make it exempt? [15:26.760 --> 15:29.560] Tina, you mentioned exemption. [15:29.560 --> 15:32.040] What would make it exempt in this case? [15:32.040 --> 15:37.800] I was just learning that today, so I can't speak knowledgeably on what makes it exempt. [15:37.800 --> 15:40.080] But I'm about to find out. [15:40.080 --> 15:44.760] On Tuesday, we're going to have a call on Tuesday morning, and I will find out the details [15:44.760 --> 15:46.320] and bring that back to you. [15:46.320 --> 15:54.080] But in the meantime, today I posted a set of guidelines for clients of attorneys that [15:54.080 --> 15:56.520] specifically applies to New York. [15:56.520 --> 15:59.240] And it lists all what you're entitled to. [15:59.240 --> 16:05.720] And it says your complete loan file, civility, proper representation. [16:05.720 --> 16:11.520] And it also says all these rules should be posted clearly where the client can see them [16:11.520 --> 16:12.840] in the office. [16:12.840 --> 16:16.720] And so I'm going to have her go to the office to pick it up and see if that's actually posted [16:16.720 --> 16:17.720] there. [16:17.720 --> 16:21.480] Because if it isn't, I guess that's a complaint going out. [16:21.480 --> 16:24.560] Has she bargrieved her own attorney yet? [16:24.560 --> 16:25.560] Not yet. [16:25.560 --> 16:28.560] That's probably premature. [16:28.560 --> 16:32.640] We really don't know what's going on here. [16:32.640 --> 16:40.120] And it's inappropriate for us to speak too loudly without really understanding what's [16:40.120 --> 16:41.120] going on. [16:41.120 --> 16:47.680] Yeah, requesting the records, though, that's something she can safely do and we can safely [16:47.680 --> 16:48.680] recommend. [16:48.680 --> 16:51.960] Show me the paperwork. [16:51.960 --> 17:00.960] Has she went to the court and collected everything that's been filed in the case? [17:00.960 --> 17:05.560] Through advances in technology, our lives have greatly improved, except in the area [17:05.560 --> 17:06.960] of nutrition. [17:06.960 --> 17:09.200] People feed their pets better than they feed themselves. [17:09.200 --> 17:11.720] And it's time we changed all that. [17:11.720 --> 17:17.440] Our primary defense against aging and disease in this toxic environment is good nutrition. [17:17.440 --> 17:23.760] In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can [17:23.760 --> 17:26.040] provide the nutrients you need. [17:26.040 --> 17:30.880] Logos Radio Network gets many requests to endorse all sorts of products, most of which [17:30.880 --> 17:31.880] we reject. [17:31.880 --> 17:37.240] We have come to trust young Jevity so much, we became a marketing distributor along with [17:37.240 --> 17:40.120] Alex Jones, Ben Fuchs, and many others. [17:40.120 --> 17:46.400] When you order from LogosRadioNetwork.com, your health will improve as you help support [17:46.400 --> 17:47.400] quality radio. [17:47.400 --> 17:51.920] As you realize the benefits of young Jevity, you may want to join us. [17:51.920 --> 17:57.560] As a distributor, you can experience improved health, help your friends and family, and [17:57.560 --> 17:59.520] increase your income. [17:59.520 --> 18:01.680] Order now. [18:01.680 --> 18:05.680] Are you looking to have a closer relationship with God and a better understanding of His [18:05.680 --> 18:06.680] Word? [18:06.680 --> 18:12.160] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. central time for scripture [18:12.160 --> 18:18.560] talk, where Nana and her guests discuss the scriptures in accord with 2 Timothy 2.15. [18:18.560 --> 18:23.080] Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly [18:23.080 --> 18:25.480] dividing the word of truth. [18:25.480 --> 18:29.480] Starting in January, our first hour studies are in the Book of Mark, where we'll go verse [18:29.480 --> 18:32.780] by verse and discuss the true gospel message. [18:32.780 --> 18:37.400] Our second hour topical studies will vary each week with discussions on sound doctrine [18:37.400 --> 18:39.800] and Christian character development. [18:39.800 --> 18:44.320] We wish to reflect God's light and be a blessing to all those with a hearing ear. [18:44.320 --> 18:48.680] Our goal is to strengthen our faith and to transform ourselves more into the likeness [18:48.680 --> 18:50.680] of our Lord and Savior Jesus. [18:50.680 --> 18:57.560] So tune in to scripture talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and [18:57.560 --> 19:04.560] motivate your studies of the scriptures. [19:27.880 --> 19:34.880] When the world's alive, we don't have answers. [19:34.880 --> 19:35.880] Who can I invite? [19:35.880 --> 19:36.880] We ask the question. [19:36.880 --> 19:41.880] Look where we get and they don't ever answer. [19:41.880 --> 19:43.880] Things open, slip inside. [19:43.880 --> 19:48.880] Don't matter what the sheep are feed, Lord, how they're wantin', take it easy. [19:48.880 --> 19:53.880] Don't matter who it is, too politically, and then get them mad and angry, [19:53.880 --> 19:58.880] But they must stand up and fight and fight for their freedom and be free [19:58.880 --> 20:02.880] When they like them lost, they reek and get hanged out from the government [20:02.880 --> 20:07.880] But we ask the question now [20:08.880 --> 20:12.880] They don't have the answer [20:13.880 --> 20:17.880] But we ask the question [20:17.880 --> 20:22.880] Look more again, and they don't have the answer [20:23.880 --> 20:28.880] Here and here, they may tear you, they may tear me, Lord, they may tear the country [20:28.880 --> 20:33.880] Here and here, they may tear me, they may tear you, and they may tear the country [20:33.880 --> 20:38.880] They may tear up the coffee to send, they may rip it in three, they may give a damn about three [20:38.880 --> 20:43.880] You don't see how this country, how they may lead we, they may lead we, you see [20:43.880 --> 20:48.880] Like we blind and we crazy, them leading with the destructionists [20:49.880 --> 20:54.880] Okay, we are back. Randy Keldum, Brett Fountain, Rudolfo Radio, and [20:54.880 --> 21:00.880] Tina, you ran off the cliff. What were you thinking? [21:02.880 --> 21:06.880] Yeah, we can't believe it. It's almost like you didn't have a clock to look at [21:06.880 --> 21:12.880] That's right, I didn't. But while you were, you'd run me off the cliff [21:12.880 --> 21:17.880] I did look up property that is exempt in Bankruptcy Chapter 7 [21:17.880 --> 21:22.880] And it says damages awarded for personal injury is exempt [21:22.880 --> 21:27.880] Oh, that sounds pretty conclusive right there [21:27.880 --> 21:32.880] Yep. So there's a whole list here of what it is [21:32.880 --> 21:37.880] Property that is not exempt is expensive musical instruments [21:37.880 --> 21:42.880] Unless the debtor is a professional musician, collections of stamps, coins, and other valuable items [21:42.880 --> 21:47.880] Family heirlooms, cash, bank accounts, stocks, bonds, a second car or truck [21:47.880 --> 21:52.880] And a second or vacation home. So I did not know this before [21:52.880 --> 21:57.880] I just looked this up right now [21:57.880 --> 22:02.880] Okay, this case is too complex. It's very complex. I just wanted to ask about [22:02.880 --> 22:07.880] It's conflict of interest because it seems huge. She hired this attorney [22:07.880 --> 22:13.880] And the trustees now pulled him away from her and said, no, you're working for me now [22:13.880 --> 22:18.880] That seems as though it would be a conflict of interest [22:18.880 --> 22:23.880] However, this is so in your face [22:23.880 --> 22:28.880] When something seems too in your face, you might want to take a step back [22:28.880 --> 22:33.880] And it could be that these guys are so arrogant [22:33.880 --> 22:38.880] That they think they can do just anything you want to [22:38.880 --> 22:43.880] My question is, how is her [22:43.880 --> 22:48.880] Attorney associated with the trustee such that [22:48.880 --> 22:53.880] The trustee would engage her attorney [22:53.880 --> 22:58.880] Or is there something else going on here? [22:58.880 --> 23:03.880] That's what I'm trying to research and see if I can find out by pulling all kinds of reports [23:03.880 --> 23:08.880] And searching the internet for familiar interest [23:08.880 --> 23:13.880] And one of the things, when something so complex is this [23:13.880 --> 23:18.880] We need to be careful. We need more information before we start saying [23:18.880 --> 23:23.880] Yeah, this is horribly wrong or not horribly wrong [23:23.880 --> 23:28.880] We need to understand what's really going on. The more I hear about this case, the more complex it gets [23:28.880 --> 23:33.880] So we have a personal injury case drawn into a bankruptcy [23:33.880 --> 23:38.880] And if a personal injury award is not [23:38.880 --> 23:43.880] Included in a bankruptcy [23:43.880 --> 23:48.880] What the heck is she doing there? [23:48.880 --> 23:53.880] I think people smell money and they've all been taking money from [23:53.880 --> 23:58.880] Ashmeen until she's got no money left and left her high and dry [23:58.880 --> 24:03.880] Thinking that she's just this meek little [24:03.880 --> 24:08.880] Woman who's of different [24:08.880 --> 24:13.880] Race and religion and that she will just [24:13.880 --> 24:18.880] You mean they're considering her some ignorant referner that they can do [24:18.880 --> 24:23.880] Anything they want to with? [24:23.880 --> 24:28.880] They might be arrogant enough to do stupid stuff [24:28.880 --> 24:33.880] But it's really hard for us to speak to it because this is so complex [24:33.880 --> 24:38.880] We really need that timeline that we can walk down [24:38.880 --> 24:43.880] Right now I'm looking in a huge pond [24:43.880 --> 24:48.880] Of ripples and I don't know how those [24:48.880 --> 24:53.880] Ripples associate with each other [24:53.880 --> 24:58.880] Get us that timeline and we can speak to it more clearly [24:58.880 --> 25:03.880] I will do that [25:03.880 --> 25:08.880] But I did want to ask about this one thing because it seemed like [25:08.880 --> 25:13.880] Why am I seeing this and saying this just should not be happening [25:13.880 --> 25:18.880] That she's being run over by a steamroller basically [25:18.880 --> 25:23.880] One of the questions is why does the trustee need a law firm? [25:23.880 --> 25:28.880] The trustee is supposed to know his job [25:28.880 --> 25:33.880] Why would he need a law firm representing him? [25:33.880 --> 25:38.880] Of all the possible law firms [25:38.880 --> 25:43.880] Would he choose her attorney? [25:43.880 --> 25:48.880] That's the puzzling to me [25:48.880 --> 25:53.880] Something seems too obviously outrageous [25:53.880 --> 25:58.880] It always red flags me [25:58.880 --> 26:03.880] And tells me I don't have all the information, there's something missing here [26:03.880 --> 26:08.880] If it sounds too outrageous it generally is [26:08.880 --> 26:13.880] Thieves tend not, especially white collar crime [26:13.880 --> 26:18.880] They tend not to be so in your face [26:18.880 --> 26:23.880] They tend to try to hide what they're doing and this seems too obvious [26:23.880 --> 26:28.880] So it makes me wonder what's wrong, what am I missing [26:28.880 --> 26:33.880] My research on bankruptcy cases though, they are a little bit more obvious [26:33.880 --> 26:38.880] There's a lot of fraud in bankruptcy where the trustees are on the take [26:38.880 --> 26:43.880] You don't say [26:43.880 --> 26:48.880] Just a little [26:48.880 --> 26:53.880] You have to understand they are in California after all [26:53.880 --> 26:58.880] This one's in New York but the California ones are some of the worst [26:58.880 --> 27:03.880] California, New York, of all the places, California, Illinois, New York [27:03.880 --> 27:08.880] They're probably the one, I used to live in Illinois and I never want to be back there again [27:08.880 --> 27:13.880] But too complex, we can't address much here [27:13.880 --> 27:18.880] With any defined [27:18.880 --> 27:23.880] Definiteness [27:23.880 --> 27:28.880] She's coming up with a timeline, so once that timeline's ready we'll be able to do better with it [27:28.880 --> 27:33.880] Let's talk either tomorrow or next week when she has that timeline, then we can speak more definitively [27:33.880 --> 27:38.880] Okay, you've got it right this time, Randy [27:38.880 --> 27:43.880] My tongue, I untangled my tongue [27:43.880 --> 27:48.880] Anyway, I got it fixed [27:48.880 --> 27:53.880] I'll let you go to other callers because I know this is a short night, but you answered something, make sure I'm on the right path to get all the documents [27:53.880 --> 27:58.880] And all her files [27:58.880 --> 28:03.880] Thank you very much, Tina [28:03.880 --> 28:08.880] Okay, I have what looks like a first time caller [28:08.880 --> 28:13.880] I have, if your name is Wireless and you're in California [28:13.880 --> 28:18.880] You're in the 405 area code [28:18.880 --> 28:23.880] You don't have to be in California [28:23.880 --> 28:28.880] Just the 405 area code [28:28.880 --> 28:33.880] Sometimes when someone calls in and they're not in our database we get odd [28:33.880 --> 28:38.880] Readings on our panel here, so if you're in the 405 area code [28:38.880 --> 28:43.880] Talk to us [28:43.880 --> 28:48.880] Okay, now talk to us [28:48.880 --> 28:53.880] 405 is Oklahoma [28:53.880 --> 28:58.880] I'm from Texas and we don't think a lot of Oklahoma [28:58.880 --> 29:03.880] Okay [29:03.880 --> 29:08.880] As long as you guys don't beat up the Longhorns we're okay [29:08.880 --> 29:13.880] Okay [29:13.880 --> 29:18.880] What shall we call you? [29:18.880 --> 29:23.880] Oh, I know Don [29:23.880 --> 29:28.880] He calls me and annoys me all the time [29:28.880 --> 29:33.880] How's your issue with your brother's estate? [29:33.880 --> 29:38.880] It's okay [29:38.880 --> 29:43.880] Good [29:43.880 --> 29:48.880] Okay, is that what you call it for or do you have something else? [29:48.880 --> 29:53.880] No, actually it's something else [29:53.880 --> 29:58.880] Okay, do your worst [29:58.880 --> 30:03.880] Businesses ask you for a lot of personal information [30:03.880 --> 30:08.880] And you may trust them to keep it safe [30:08.880 --> 30:13.880] But it turns out that even the most trusted companies may be unwittingly revealing your secrets [30:13.880 --> 30:18.880] I'm Dr. Catherine Albrecht and I'll be right back with details [30:18.880 --> 30:23.880] Privacy is under attack [30:23.880 --> 30:28.880] Your freedoms will start to vanish too [30:28.880 --> 30:33.880] So protect your rights, say no to surveillance and keep your information to yourself [30:33.880 --> 30:38.880] Privacy, it's worth hanging on to [30:38.880 --> 30:43.880] This public service announcement is brought to you by Startpage.com [30:43.880 --> 30:48.880] Data privacy is a big deal [30:48.880 --> 30:53.880] Privacy explains how they handle your personal information [30:53.880 --> 30:58.880] But what happens if it escapes their control? [30:58.880 --> 31:03.880] According to a recent survey, a shocking 90% of US companies admit their security was breached by hackers in the last year [31:03.880 --> 31:08.880] That's one more reason you should trust your searches to Startpage.com [31:08.880 --> 31:13.880] Unlike other search engines, Startpage doesn't store any data on you [31:13.880 --> 31:18.880] If there were, there would be nothing for criminals to see [31:18.880 --> 31:23.880] Too bad other companies don't treat your data the same way [31:23.880 --> 31:28.880] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com [31:28.880 --> 31:33.880] I lost my son [31:33.880 --> 31:38.880] My son [31:38.880 --> 31:43.880] World Trade Center 7, a 47-story skyscraper, was not hit by a plane [31:43.880 --> 31:48.880] Although the official explanation is that fire brought down Building 7 [31:48.880 --> 31:53.880] Over 1,200 architects and engineers have looked into the evidence and believe there is more to the story [31:53.880 --> 31:58.880] Bring justice to my son, my uncle, my nephew, my son [31:58.880 --> 32:03.880] Go to buildingwhat.org, why it fell, why it matters, and what you can do [32:03.880 --> 32:08.880] This is the law for the rule of law traffic seminar [32:08.880 --> 32:13.880] In today's America, we live in an us-against-them society [32:13.880 --> 32:18.880] If we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights [32:18.880 --> 32:23.880] Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law [32:23.880 --> 32:28.880] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process [32:28.880 --> 32:33.880] Rule of Law Radio has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law [32:33.880 --> 32:38.880] You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today [32:38.880 --> 32:43.880] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie [32:43.880 --> 32:48.880] Video and audio of the original 2009 seminar, hundreds of research documents, and other useful resource material [32:48.880 --> 32:53.880] Learn how to fight for your rights with the help of this material from ruleoflawradio.com [32:53.880 --> 32:58.880] Order your copy today and together we can have a free society we all want and deserve [32:58.880 --> 33:11.880] Live, free speech radio, logosradionetwork.com [33:11.880 --> 33:34.880] Music [33:34.880 --> 33:56.880] When you gonna stop abuse, your power [33:56.880 --> 34:04.880] So please Mr. Michael, teach officers not to abuse their power [34:04.880 --> 34:08.880] Send a request to the leader, the captain of all officers [34:08.880 --> 34:13.880] Tell them to uphold the law, and please don't abuse their power [34:13.880 --> 34:18.880] They beat and they beat and they cheat and they cheat and they lie every hour [34:18.880 --> 34:25.880] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Don in Oklahoma [34:25.880 --> 34:31.880] Okay, you had a different issue. I tried to shove you off the cliff, but you just wouldn't go for it [34:31.880 --> 34:33.880] He wouldn't do it [34:33.880 --> 34:38.880] Okay, what do you have for us today? [34:38.880 --> 34:42.880] Well, I want to keep it kind of short. We've been wanting to do this for a long time [34:42.880 --> 34:45.880] It came up about one and a half, two years ago [34:45.880 --> 34:53.880] I started listening about halfway through a story of Brett telling how he managed to bargrieve an entire lawyer firm [34:53.880 --> 35:00.880] I've always wanted to ask if he could just give a short version on how he pulled that off [35:00.880 --> 35:07.880] Well, sure. It's actually pretty simple. I've done it several times. I'm not sure which one I was telling about [35:07.880 --> 35:16.880] But whenever you have a lawyer who works for a firm, he's going to sign some document [35:16.880 --> 35:27.880] As soon as he puts his name on it, then you just look and see who's his supervisor and who are all the partners in the law firm [35:27.880 --> 35:37.880] So the first guy gets a bar grievance for whatever rule he violated. Let's say he was incompetent, so that's Rule 1.01 [35:37.880 --> 35:43.880] And his incompetence violated that rule, so you bargrieve him for that [35:43.880 --> 35:51.880] But then you also hold his supervisor accountable, and you put his supervisor's name on another bar grievance [35:51.880 --> 36:05.880] And you say the supervisor is responsible via Rule 5.01 for the first guy having violated Rule 1.01 [36:05.880 --> 36:09.880] And you just leave most of the same facts in there, and you say the first guy's name in there [36:09.880 --> 36:16.880] So now you've got both of them named on the second one, and the supervisor is responsible for his underling [36:16.880 --> 36:22.880] And then you can do that exact same thing for all the partners in the law firm [36:22.880 --> 36:31.880] Because there's another part of Rule 5.01 that says there's one for supervisors and one for partners in the firm [36:31.880 --> 36:41.880] So then all the partners of the law firm get that same, hey buddy, you're responsible as the partner for what one of your underlings over here did [36:41.880 --> 36:51.880] He violated Rule 1.01 because he was incompetent in this way, and you spell out exactly what he did that shows the rule violation [36:51.880 --> 37:00.880] And then you tag them as partners for having violated Rule 5.01 because they let their underling go do that [37:00.880 --> 37:08.880] And then if that's not enough and you want to go and hit up some more people, maybe it's kind of a wide, different law firms [37:08.880 --> 37:12.880] There may be just a couple of partners at the top or there may be a hundred [37:12.880 --> 37:22.880] If you already feel like you have enough bar grievances over there and you're ready to go do something else, well then fine [37:22.880 --> 37:33.880] If you feel like you still got some juice and you're ready to continue bar grieving, well then you let some of the other attorneys in the firm know about it [37:33.880 --> 37:41.880] You say, hey, this fellow over here violated Rule 1.01, look what he did, you just let him know, email him, fax him, whatever [37:41.880 --> 37:58.880] And once they have been made aware of that first guy's indiscretions and rule violations, now that invokes their duty under Rule 8.03 to go bar grieve the first guy [37:58.880 --> 38:07.880] Of course, they're not going to do that, so then they're going to violate Rule 8.03, so then you could bar grieve them for not bar grieving the first guy [38:07.880 --> 38:13.880] And you don't have to stop at that law firm either [38:13.880 --> 38:24.880] If you feel like you want to bar grieve everybody whose first name is Dave, well then you make all the guys, all the lawyers whose first name is Dave in any law firm [38:24.880 --> 38:34.880] Make them all aware of what this fellow did over there, hey, this guy over here in Lubbock, man, he violated that rule [38:34.880 --> 38:40.880] And they're not even in the same city, they don't have any connection with that law firm, but they're an attorney and when you make them aware [38:40.880 --> 38:50.880] They swore to the state bar they were going to follow this Rule 8.03 and bar grieve him, so if they don't, then they get bar grieved [38:50.880 --> 39:04.880] I have an issue where I was filing complaints against lawyers for not filing a motion to dismiss in a criminal case where there was no 1617 order [39:04.880 --> 39:15.880] So I just went down all of the cases that were filed and everyone that had a lawyer, I bar grieved the lawyer for not filing the 1617 order [39:15.880 --> 39:23.880] These are cases I have nothing to do with, and I got to one of them and got this lawyer's name and it didn't have a bar card number [39:23.880 --> 39:31.880] So I did a search and I got three numbers, now the jurisdiction I was searching in was Decatur, Texas [39:31.880 --> 39:37.880] And I got three lawyers, one in Decatur, one in Fort Worth and one in Dallas [39:37.880 --> 39:50.880] So I said to myself, hmm, let me see which one of these lawyers with this name are likely to be the one representing this client in Decatur, Texas [39:50.880 --> 39:57.880] I think it's the guy in Fort Worth, so I bar grieved the guy in Fort Worth, just for yucks [39:57.880 --> 40:14.880] A friend of mine had a son that had Aschberger syndrome, when he got his first inoculation the next day, he completely changed [40:14.880 --> 40:22.880] And the kid was getting, he's older now and he's getting in trouble, and he had a lawyer, and it was that lawyer [40:22.880 --> 40:32.880] Serendipity steps in sometimes, and Robert was talking to the lawyer and he mentioned my name, and he said the lawyer went ballistic [40:32.880 --> 40:40.880] That guy found a bar griever against me and it wasn't even my case [40:40.880 --> 40:53.880] I laughed till I hurt, and then I called the lawyer and I said, oh, Robert told me that I bar grieved you and you weren't the right lawyer, oh, my bad, I'm so sorry [40:53.880 --> 41:02.880] I will contact the state bar and tell them, oh, you were the wrong guy, I should have bar grieved this other lawyer and I'll bar grieve that one [41:02.880 --> 41:17.880] And he said, oh, no, don't do that, don't do that, I did not laugh once on that phone call, but it was a struggle [41:17.880 --> 41:21.880] What do you think, Don, does that make sense? [41:21.880 --> 41:28.880] Yeah, that's actually easier than I thought, I'll just look up what you've done, make good notes here, it's easier than I thought [41:28.880 --> 41:38.880] There's some really good opportunities coming up, and I've been wanting to call in for a year and ask how you did that, but now I don't want to blow this opportunity that's coming up soon [41:38.880 --> 41:58.880] The point of all this is, lawyers are low hanging fruit, when you're looking for the weak spot, lawyers are the weakest spot on the docket [41:58.880 --> 42:09.880] This is double satisfaction here, this lawyer, I don't want to tell the whole story, take your time, but this lawyer, like you say, my brother's deal was nobody did anything for an entire year [42:09.880 --> 42:14.880] So I got the probate started, but we got the summary judgment on the property because nobody answered back for the whole year [42:14.880 --> 42:22.880] So I'm just going to, once I get access to his retirement money, just going to pay it and maybe do something later, I don't know [42:22.880 --> 42:31.880] But it just happens to be the same lawyer that did this deal here, is the lawyer that screwed me on my foreclosure about five years ago [42:31.880 --> 42:35.880] So I get to have some satisfaction [42:35.880 --> 42:44.880] Vengeance is a dish best served cold [42:44.880 --> 42:56.880] It's perfect because it's a foreclosure mill, these people are known nationwide as being low lives, it's the one important group of lawyers to do it to [42:56.880 --> 43:12.880] We need to get lots of people filing malpractice suits against these firms, and bar grievance against them until they can't get insurance, and then malpractice suits against them so we can get their bass vote [43:12.880 --> 43:15.880] There you go [43:15.880 --> 43:20.880] Okay, well, they don't have a good story to tell one these days [43:20.880 --> 43:26.880] But I don't want to go just for this one lawyer, might as well get them all fixed like you did [43:26.880 --> 43:29.880] That's all right [43:29.880 --> 43:39.880] If you make them aware of each other's, then you don't even have to pull the supervisor or partner [43:39.880 --> 43:47.880] The supervisors and partners are automatically responsible, rule 5.01, or you might find it as 5.1 [43:47.880 --> 43:54.880] And then any others, they become responsible when you let them know, rule 8.03 [43:54.880 --> 43:59.880] All right, we're going to go to our sponsors and we will be right back [43:59.880 --> 44:04.880] I love logos, without the shows on this network, I'd be almost as ignorant as my friends [44:04.880 --> 44:09.880] I'm so addicted to the truth now that there's no going back, I need my truth fixed, I'd be lost without logos [44:09.880 --> 44:12.880] And I really want to help keep this network on the air [44:12.880 --> 44:19.880] I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't have any money to give because I spent it all on supplements [44:19.880 --> 44:21.880] How can I help logos? [44:21.880 --> 44:23.880] Well, I'm glad you asked [44:23.880 --> 44:26.880] Whenever you order anything from Amazon, you can help logos [44:26.880 --> 44:28.880] By ordering your supplies or holiday gifts [44:28.880 --> 44:30.880] First thing you do is clear your cookies [44:30.880 --> 44:36.880] Now, go to logosradionetwork.com, click on the Amazon logo and bookmark it [44:36.880 --> 44:42.880] Now, when you order anything from Amazon, you use that link and logos gets a few pesos [44:42.880 --> 44:43.880] Do I pay extra? [44:43.880 --> 44:44.880] No [44:44.880 --> 44:46.880] Do you have to do anything different when I order? [44:46.880 --> 44:47.880] No [44:47.880 --> 44:48.880] Can I use my Amazon Prime? [44:48.880 --> 44:49.880] No [44:49.880 --> 44:50.880] I mean, yes [44:50.880 --> 44:54.880] Wow, giving without doing anything or spending any money, this is perfect [44:54.880 --> 44:56.880] Thank you so much [44:56.880 --> 44:57.880] We are welcome [44:57.880 --> 45:00.880] Happy holidays, logos [45:27.880 --> 45:33.880] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience [45:33.880 --> 45:42.880] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts [45:42.880 --> 45:51.880] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more [45:51.880 --> 46:00.880] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ [46:21.880 --> 46:23.880] Thank you [46:51.880 --> 47:06.880] Okay, we are back, Randy Pelton, Brett Fountain, Rule of Law Radio [47:06.880 --> 47:12.880] And we have, man, it looks like we've got all first time caller system [47:12.880 --> 47:19.880] I have someone from the 401 area code who appears to be a first time caller [47:19.880 --> 47:29.880] And we're saying that because the way the numbers come up on our caller board, we generally get a name and a state [47:29.880 --> 47:35.880] And if something comes up with what looks like caller ID on it, it gives us first and last name [47:35.880 --> 47:39.880] We never want to say last names on the air [47:39.880 --> 47:42.880] So Mr. Allen, I'm not going to say your last name on the air [47:42.880 --> 47:45.880] Okay [47:45.880 --> 47:51.880] If you are from the 401 area code, give us a first name and a state [47:51.880 --> 47:53.880] Yes, my name is Allen [47:53.880 --> 47:59.880] I live in Las Vegas, but my cell phone number is from Rhode Island [47:59.880 --> 48:02.880] Oh, okay, so you live in what state? [48:02.880 --> 48:04.880] Las Vegas, Nevada [48:04.880 --> 48:08.880] Okay, lost wages [48:08.880 --> 48:11.880] Yes, lost wages [48:11.880 --> 48:16.880] Okay, Brett will stick you in the database [48:16.880 --> 48:19.880] Okay, what do you have for us today? [48:19.880 --> 48:26.880] Okay, I have been having an issue with California's unemployment agency [48:26.880 --> 48:34.880] And I have a combined wage claim, so I had wages from the state of Nevada and I had wages from the state of California [48:34.880 --> 48:39.880] I allowed California to control my unemployment [48:39.880 --> 48:50.880] So at the beginning of the pandemic, I had a regular combined wage claim unemployment situation that was enacted [48:50.880 --> 48:55.880] And when the pandemic started in March, I was put out of work [48:55.880 --> 49:04.880] I could not get through to the agency to open my unemployment claim until June of 2020, okay? [49:04.880 --> 49:07.880] Okay [49:07.880 --> 49:14.880] And my benefit year was from April of 2019 to April of 2020 [49:14.880 --> 49:20.880] Okay, your benefit year, benefit for what, unemployment? [49:20.880 --> 49:22.880] Yes, sir [49:22.880 --> 49:25.880] Okay [49:25.880 --> 49:27.880] Go ahead [49:27.880 --> 49:38.880] When I was able to reopen it on the 28th of June, they paid out the regular claim through April of 2020 [49:38.880 --> 49:45.880] And then the federal government determined that I was eligible for the extended benefits [49:45.880 --> 49:54.880] And I was placed on the pandemic emergency unemployment compensation, which is 13 weeks [49:54.880 --> 50:00.880] That carried me into the month of July [50:00.880 --> 50:06.880] And then the agency made a mistake and placed me on a pandemic unemployment assistance program [50:06.880 --> 50:15.880] Instead of placing me on the federal extended benefits, which would have been an additional 20 weeks [50:15.880 --> 50:17.880] Okay [50:17.880 --> 50:25.880] Okay, so at this point, they kept paying me through December and at one point, they cut everybody off [50:25.880 --> 50:35.880] And they started sending out notices saying that your unemployment claim was cut off because of potential fraud [50:35.880 --> 50:41.880] So at that point, I contacted an assemblyman because I had gone nine weeks without receiving any payment [50:41.880 --> 50:51.880] I drafted up a letter, put everything, all the information in and I finally got a [50:51.880 --> 50:55.880] Okay, wait a minute, wait a minute, this is kind of hard [50:55.880 --> 50:57.880] It's a very complex [50:57.880 --> 51:03.880] Now, wait, wait, wait, this is hard because you're telling us stuff [51:03.880 --> 51:07.880] But you didn't tell us where you were going from the beginning [51:07.880 --> 51:11.880] So I don't know how to order this [51:11.880 --> 51:13.880] We're still trying to orient ourselves [51:13.880 --> 51:15.880] Yeah, I don't know where you're going [51:15.880 --> 51:20.880] So I don't know how to order this information you're telling me [51:20.880 --> 51:28.880] I finally get a denial letter for the federal extended benefits in May of 2021 [51:28.880 --> 51:34.880] Which should have been sent to me back in 2020 [51:34.880 --> 51:38.880] Okay, so you were denied benefits [51:38.880 --> 51:39.880] Correct [51:39.880 --> 51:44.880] Because of a lack of a letter you should have received a long time ago [51:44.880 --> 51:46.880] Am I getting that right? [51:46.880 --> 51:58.880] That's part of it and they're denying the federal extended benefits due to a start date that was changed through the California state of legislation [51:58.880 --> 52:11.880] So I'm at a 10-month mark right now waiting for a hearing date and I don't know how to force them to at least give me a hearing date so that I could get this corrected [52:11.880 --> 52:17.880] Okay, you're denied benefits you need to live on [52:17.880 --> 52:19.880] Correct [52:19.880 --> 52:20.880] So [52:20.880 --> 52:22.880] I'm entitled to the benefits [52:22.880 --> 52:38.880] Do you have a compelling enough case to convince the judge to order the opposing party to give you at least partial benefits during the prosecution of this particular litigation? [52:38.880 --> 52:41.880] Yes, I do [52:41.880 --> 52:44.880] Did the judge grant you some? [52:44.880 --> 52:49.880] I haven't been given a hearing for this [52:49.880 --> 53:00.880] Did you contact the judge's coordinator and ask the coordinator to set this your motion or pleading for hearing? [53:00.880 --> 53:02.880] No sir, so [53:02.880 --> 53:05.880] Let me address this quickly [53:05.880 --> 53:09.880] I'm talking to you Alan but I'm also talking to everybody else here [53:09.880 --> 53:10.880] I understand [53:10.880 --> 53:14.880] When you file a motion or pleading [53:14.880 --> 53:17.880] It just sits there does nothing [53:17.880 --> 53:27.880] Until you contact the court coordinator that's what they call them sometimes sometimes they call them a clerk but there will be someone in the [53:27.880 --> 53:38.880] The clerk's office or the courthouse itself who acts as essentially a secretary or a clerk for each judge [53:38.880 --> 53:39.880] I understand [53:39.880 --> 53:44.880] And that person keeps the judge's calendar [53:44.880 --> 53:56.880] So when you file a motion or pleading if you want it heard you have to contact this court coordinator and get your hearing set on the docket to be heard [53:56.880 --> 54:00.880] If you don't it just sits there and does nothing [54:00.880 --> 54:12.880] So Alan did you talk to the coordinator and get what you generally do is talk to coordinator and have her give you a couple of dates [54:12.880 --> 54:24.880] And then you contact the opposing party and say I've said we tried to set this motion for hearing would this date or this date be better for you [54:24.880 --> 54:29.880] And if they say neither deal with it we're going to do one or the other [54:29.880 --> 54:39.880] You don't like it contact the court and give us a date we can do because what they try to do is just stall you until you give up [54:39.880 --> 54:47.880] And anytime you're dealing with opposing counsel they always want to fight with you so they'll object to everything [54:47.880 --> 54:56.880] So you get two dates when the court will be doing motion hearings or hearings of the type you want to be heard [54:56.880 --> 55:04.880] Ask the other side which of the two will be best for them if they say neither you set it for one of them [55:04.880 --> 55:12.880] And then you tell the other side this has been set for this date if you don't like it file something with the judge about it and gripe to him [55:12.880 --> 55:13.880] Does that make sense? [55:13.880 --> 55:21.880] How you describe it makes sense because I did my own child custody back in the day when I was in the military [55:21.880 --> 55:31.880] But how the California appeals court how they describe everything is not how you just described [55:31.880 --> 55:34.880] Did you understand that Brett? [55:34.880 --> 55:35.880] Yes [55:35.880 --> 55:42.880] I did not get the whole thing I understood that there's something going on in child custody [55:42.880 --> 55:45.880] Alan can you say that again a little bit slower? [55:45.880 --> 55:58.880] Okay I understand the court process and how it's supposed to work because I did my own child custody hearing back in 1995 when I was in the military [55:58.880 --> 56:01.880] Okay what branch? [56:01.880 --> 56:02.880] I was in the Navy [56:02.880 --> 56:05.880] Don't tell me you were a Jarhead [56:05.880 --> 56:08.880] No I was in the Navy sir [56:08.880 --> 56:12.880] Okay that's pretty close to Jarhead [56:12.880 --> 56:28.880] But how it usually works with unemployment is you have to file an appeal through the unemployment agency and then you stop waiting for them to call a debt to the appeals department [56:28.880 --> 56:35.880] And then the appeals department sets the hearing date foot for the individual [56:35.880 --> 56:42.880] I could actually call the appeals department and set that up on them [56:42.880 --> 56:54.880] Okay so bring us back up to where you were at and one thing we're on radio and this is something I don't say very often but everybody needs to hear this if they're going to call into the show [56:54.880 --> 57:03.880] When I listen to myself on the radio I sound to me like I'm kind of demented a little bit [57:03.880 --> 57:05.880] Don't say anything Brad [57:05.880 --> 57:12.880] And that's because when I'm on the radio I tend to slow my voice tempo down just a little bit [57:12.880 --> 57:25.880] And that's because you all can't see my lips, you can't see my body language and all these other clues that we have in normal linguistics to understand what someone's saying [57:25.880 --> 57:34.880] You only have voice so you have to listen to the voice and then go inside and figure out where to put it [57:34.880 --> 57:39.880] Without being able to see the other person it slows you down just slightly [57:39.880 --> 57:47.880] So when you call into the show and you start telling us what's going on try to slow down your tempo just a little bit [57:47.880 --> 57:51.880] On realizing we can't see your lips [57:51.880 --> 58:00.880] It takes a little bit more time for us to organize what we're hearing and put it in a place that we can retrieve it [58:00.880 --> 58:02.880] Does that make sense Alan? [58:02.880 --> 58:06.880] Yes sir it does [58:06.880 --> 58:12.880] Randy's got other reasons that he'll tell you about being slow if you're not on the radio with him right? [58:12.880 --> 58:14.880] What? What? [58:14.880 --> 58:19.880] There are different reasons right now [58:19.880 --> 58:25.880] I feel disparaged [58:25.880 --> 58:28.880] I've had a week of disparagement [58:28.880 --> 58:32.880] I'm doing a program for doing stem cells [58:32.880 --> 58:35.880] Dr. Joe DiRusso the guy I'm working with [58:35.880 --> 58:41.880] He gave me these stem cells and he looked at me right in the face and he said [58:41.880 --> 58:47.880] You know I can see your skin getting smoother [58:47.880 --> 58:49.880] And for the next three or four days of [58:49.880 --> 58:53.880] The Bible remains the most popular book in the world [58:53.880 --> 58:57.880] Yet countless readers are frustrated because they struggle to understand it [58:57.880 --> 59:01.880] Some new translations try to help by simplifying the text [59:01.880 --> 59:06.880] But in the process can compromise the profound meaning of the scripture [59:06.880 --> 59:08.880] Enter the recovery version [59:08.880 --> 59:12.880] First this new translation is extremely faithful and accurate [59:12.880 --> 59:17.880] But the real story is the more than 9,000 explanatory footnotes [59:17.880 --> 59:21.880] Difficult and profound passages are opened up in a marvelous way [59:21.880 --> 59:27.880] Providing an entrance into the riches of the word beyond which you've ever experienced before [59:27.880 --> 59:32.880] Bibles for America would like to give you a free recovery version simply for the asking [59:32.880 --> 59:38.880] This comprehensive yet compact study Bible is yours just by calling us toll free [59:38.880 --> 59:43.880] At 1-888-551-0102 [59:43.880 --> 59:47.880] Or by ordering online at freestudybible.com [59:47.880 --> 59:52.880] That's freestudybible.com [59:52.880 --> 59:55.880] You're listening to the Logos Radio Network [59:55.880 --> 01:00:01.880] At logosradionetwork.com [01:00:01.880 --> 01:00:05.880] The Bill of Rights contains the first ten amendments of our Constitution [01:00:05.880 --> 01:00:08.880] Guarantee the specific freedoms Americans should know and protect [01:00:08.880 --> 01:00:10.880] Our liberty depends on it [01:00:10.880 --> 01:00:16.880] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights [01:00:16.880 --> 01:00:18.880] Privacy is under attack [01:00:18.880 --> 01:00:22.880] When you give up data about yourself you'll never get it back again [01:00:22.880 --> 01:00:27.880] And once your privacy is gone you'll find your freedoms will start to vanish too [01:00:27.880 --> 01:00:32.880] So protect your rights, say no to surveillance and keep your information to yourself [01:00:32.880 --> 01:00:34.880] Privacy, it's worth hanging on to [01:00:34.880 --> 01:00:38.880] This public service announcement is brought to you by Startpage.com [01:00:38.880 --> 01:00:42.880] The private search engine alternative to Google, Yahoo and Bing [01:00:42.880 --> 01:00:45.880] Start over with Startpage [01:00:45.880 --> 01:00:49.880] Most people think of seven as a more civilized number than six [01:00:49.880 --> 01:00:54.880] Think of how the number six is implicated in evil as in the biblical 666 [01:00:54.880 --> 01:00:58.880] So it would fit right in that the seventh amendment would be about civil trials [01:00:58.880 --> 01:01:00.880] Civil seven, civil trials, get it? [01:01:00.880 --> 01:01:04.880] Civil trials are ones where people sue instead of beating each other up over a dispute [01:01:04.880 --> 01:01:06.880] Like the dividing line between properties [01:01:06.880 --> 01:01:11.880] They take their dispute to a courthouse and settle matters civilly without the fisticuffs [01:01:11.880 --> 01:01:16.880] The seventh amendment guarantees that Americans have the right to a jury in certain civil matters [01:01:16.880 --> 01:01:19.880] Instead of having a lone judge rule on the case [01:01:19.880 --> 01:01:31.880] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com [01:01:31.880 --> 01:01:35.880] The Bill of Rights contains the first ten amendments of our Constitution [01:01:35.880 --> 01:01:39.880] They guarantee the specific freedoms Americans should know and protect [01:01:39.880 --> 01:01:41.880] Our liberty depends on it [01:01:41.880 --> 01:01:47.880] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights [01:01:47.880 --> 01:01:49.880] Privacy is under attack [01:01:49.880 --> 01:01:52.880] When you give up data about yourself, you'll never get it back again [01:01:52.880 --> 01:01:57.880] And once your privacy is gone, you'll find your freedoms will start to vanish too [01:01:57.880 --> 01:02:02.880] So protect your rights, say no to surveillance and keep your information to yourself [01:02:02.880 --> 01:02:05.880] Privacy, it's worth hanging on to [01:02:05.880 --> 01:02:08.880] This public service announcement is brought to you by StartPage.com [01:02:08.880 --> 01:02:12.880] The private search engine alternative to Google, Yahoo and Bing [01:02:12.880 --> 01:02:16.880] Start over with StartPage [01:02:16.880 --> 01:02:22.880] Remember the scene in George Orwell's novel, 1984, when Winston is threatened with his worst fear? [01:02:22.880 --> 01:02:26.880] That fear was having a cage of hungry rats unleashed on his face [01:02:26.880 --> 01:02:30.880] But what if his worst fear was spiders? Eight-legged spiders, to be exact [01:02:30.880 --> 01:02:33.880] Getting a face full of spiders would be pretty cruel and unusual [01:02:33.880 --> 01:02:37.880] That image of eight-legged spiders will help you remember the Eighth Amendment [01:02:37.880 --> 01:02:44.880] Our founding fathers added the Eighth Amendment to the U.S. Constitution to protect us from creepy-crawly eight-legged punishments [01:02:44.880 --> 01:02:48.880] And other cruel and unusual prison practices that were common in their day [01:02:48.880 --> 01:02:54.880] The Eighth Amendment also prohibits the government from requiring excessive bail and charging excessive fines [01:02:54.880 --> 01:03:22.880] Find Dr. Catherine Albrecht more news and information at CatherineAlbrecht.com [01:03:22.880 --> 01:03:26.880] We are back, Randy Kelton, Brett Fountain, Root of Love Radio [01:03:26.880 --> 01:03:33.880] On this, the 31st day of March, 2022 [01:03:33.880 --> 01:03:39.880] And we're talking to Alan in Texas and I was talking about [01:03:39.880 --> 01:03:40.880] Nevada [01:03:40.880 --> 01:03:41.880] I'm sorry [01:03:41.880 --> 01:03:42.880] Nevada, yes [01:03:42.880 --> 01:03:46.880] Alan in Lost Wages [01:03:46.880 --> 01:03:47.880] I have one [01:03:47.880 --> 01:03:49.880] Did I say that right? [01:03:49.880 --> 01:03:50.880] Yes, sir [01:03:50.880 --> 01:03:55.880] Anyway, I was talking about being disparaged, so I'll just let that go [01:03:55.880 --> 01:03:59.880] Okay, let's go back to you and [01:03:59.880 --> 01:04:02.880] I will contact the appeals department [01:04:02.880 --> 01:04:08.880] Okay, what do you have? Go ahead, I was just carrying on [01:04:08.880 --> 01:04:12.880] I will contact the appeals department in the morning [01:04:12.880 --> 01:04:19.880] What would be the next step if I contact them and they have not received my appeal from the unemployment agency? [01:04:19.880 --> 01:04:24.880] How would you handle that? [01:04:24.880 --> 01:04:27.880] That's interesting, okay [01:04:27.880 --> 01:04:30.880] If they haven't received your appeal, what do you mean? [01:04:30.880 --> 01:04:31.880] Correct [01:04:31.880 --> 01:04:32.880] Okay [01:04:32.880 --> 01:04:35.880] How did you send your appeal to them? [01:04:35.880 --> 01:04:42.880] I sent it back to the unemployment agency and they were supposed to forward it to the appeals department [01:04:42.880 --> 01:04:52.880] What kind of mail did you send it? Regular mail, registered, return receipt, how did you send it? [01:04:52.880 --> 01:04:56.880] I sent it by fax [01:04:56.880 --> 01:05:05.880] Oh, Brett, how definitively traceable is fax? [01:05:05.880 --> 01:05:07.880] It's pretty solid [01:05:07.880 --> 01:05:18.880] Especially if he's got a little success, you know, the sender will receive something one little page back that reports on the success [01:05:18.880 --> 01:05:27.880] Yes, it will print out proof of success, the date that it was sent and how many pages it was sent [01:05:27.880 --> 01:05:31.880] Okay, now tell us what you asked them to do again in this [01:05:31.880 --> 01:05:38.880] Okay, so they finally sent a notice of denial [01:05:38.880 --> 01:05:45.880] I drafted a little reply and faxed it back to them the same day [01:05:45.880 --> 01:05:54.880] What does the law concerning unemployment say about a denial of this nature? [01:05:54.880 --> 01:06:03.880] That you have the right to appeal and it has to be submitted within a 30-day timeframe [01:06:03.880 --> 01:06:08.880] Okay, does it allow for them to be submitted by fax? [01:06:08.880 --> 01:06:10.880] Yes [01:06:10.880 --> 01:06:16.880] Oh, then you're good. So you filed this and nothing happened [01:06:16.880 --> 01:06:21.880] Correct, and I'm going on the 11th month right now [01:06:21.880 --> 01:06:28.880] Okay, now is the time to petition the court to set a hearing on your issue [01:06:28.880 --> 01:06:34.880] Okay, petition [01:06:34.880 --> 01:06:37.880] I got it [01:06:37.880 --> 01:06:43.880] Whenever you file a motion or pleading, it just sits there [01:06:43.880 --> 01:06:51.880] Unless you move the court to set the motion or pleading for hearing [01:06:51.880 --> 01:06:53.880] Oh, okay [01:06:53.880 --> 01:06:59.880] I have a friend, Ken Magnuson, and he's my simple go-to guy [01:06:59.880 --> 01:07:09.880] And he says that when you file a motion or a pleading, request that the clerk give notice to the court [01:07:09.880 --> 01:07:18.880] He has Texas case law that says if you don't give notice to the court that you filed a motion or pleading [01:07:18.880 --> 01:07:23.880] Then it's just like you didn't file it. The judge does not have to hear it [01:07:23.880 --> 01:07:24.880] Okay, thank you [01:07:24.880 --> 01:07:28.880] So it's just one of those little technical things [01:07:28.880 --> 01:07:36.880] But as a pro se, if you file a motion or pleading and ask the court coordinator [01:07:36.880 --> 01:07:42.880] Always when you're in a case, find out who the court coordinator is [01:07:42.880 --> 01:07:48.880] Who is the clerk for the judge who keeps the judge's calendar? [01:07:48.880 --> 01:07:57.880] And that's the one you go to and request that they put your motion or hearing on the docket [01:07:57.880 --> 01:07:58.880] Okay [01:07:58.880 --> 01:08:07.880] And you never ever want to talk to them on the phone in person if you can't avoid it [01:08:07.880 --> 01:08:14.880] You want everything in writing so it is by the nature of the writing recorded [01:08:14.880 --> 01:08:15.880] Okay [01:08:15.880 --> 01:08:23.880] If you talk to them on the phone, they will lie like dogs [01:08:23.880 --> 01:08:28.880] That's a horrible thing to have to say, but they will, but more importantly [01:08:28.880 --> 01:08:32.880] What's said on the phone is not necessarily verifiable [01:08:32.880 --> 01:08:34.880] No, I understand [01:08:34.880 --> 01:08:42.880] Even the good guys who want to do it right, you say one thing, they hear another thing, they make a mistake [01:08:42.880 --> 01:08:45.880] They're not going to say they made a mistake, they're going to say you made a mistake [01:08:45.880 --> 01:08:47.880] And you don't have this argument back and forth [01:08:47.880 --> 01:08:50.880] That has been ongoing for the last two years [01:08:50.880 --> 01:08:55.880] Yes, so if you do it all in writing, you don't have that a problem [01:08:55.880 --> 01:08:56.880] Right [01:08:56.880 --> 01:09:05.880] Sometimes what happens if the people don't know to bring attention to their motion, the motion will go and just sit there [01:09:05.880 --> 01:09:14.880] And then the other side, the opposing party, will have the attorney do some kind of objection, opposition to it [01:09:14.880 --> 01:09:18.880] And then that starts the ball rolling because they've talked you to it [01:09:18.880 --> 01:09:20.880] Something will happen anyway [01:09:20.880 --> 01:09:26.880] A motion to strike for lack of prosecution, and that generally happens in six months [01:09:26.880 --> 01:09:27.880] Okay [01:09:27.880 --> 01:09:33.880] And poof, it just goes away, so make sure you always get the judge's clerk [01:09:33.880 --> 01:09:36.880] And the judge's clerks are great [01:09:36.880 --> 01:09:40.880] I have had so much fun with the judge's clerks [01:09:40.880 --> 01:09:48.880] I called a court in Minnesota where a woman was representing herself in a divorce case against her wealthy husband [01:09:48.880 --> 01:09:51.880] And she had cancer [01:09:51.880 --> 01:10:00.880] And she was trying to get a continuance so that she could hire an attorney because her attorney quit [01:10:00.880 --> 01:10:02.880] And the judge wouldn't give her one [01:10:02.880 --> 01:10:14.880] So I called up and got the judge's coordinator and told her that I was Randy Keltland, I'm with the rule of law radio here in Austin [01:10:14.880 --> 01:10:20.880] And we're doing some YouTube videos on court corruption [01:10:20.880 --> 01:10:30.880] And I want to come up and do a 10-minute video with your judge as I understand that he has a woman in a divorce case [01:10:30.880 --> 01:10:41.880] That's dying of cancer and he's forcing her to represent herself in court so that she will die and her rich husband will win the divorce case [01:10:41.880 --> 01:10:45.880] And she said, oh, I don't think that's the case [01:10:45.880 --> 01:10:51.880] I said, oh, who cares? It makes a great story [01:10:51.880 --> 01:10:55.880] The next Monday this woman called me and said, what did you do? [01:10:55.880 --> 01:11:05.880] She said she went into court and everybody's there, the judge storms in the courtroom, grabs the gavel, doesn't even sit down [01:11:05.880 --> 01:11:08.880] I'm granting a 60-day continuance, bam! [01:11:08.880 --> 01:11:16.880] And he pointed at her, you, will you come back and have an attorney? He stormed out of the courtroom [01:11:16.880 --> 01:11:19.880] Court coordinators are great [01:11:19.880 --> 01:11:23.880] You can do really cool things with them [01:11:23.880 --> 01:11:31.880] Is it possible to email you guys, because I have some other questions that you guys would find interesting [01:11:31.880 --> 01:11:38.880] Yes, email me at, or email Brett, email Brett, Brett needs, he don't have enough to do [01:11:38.880 --> 01:11:41.880] Isn't that right, Brett? You sit around all the time and do nothing [01:11:41.880 --> 01:11:46.880] Sure, sure, email me at randy at ruleoflawradio.com [01:11:46.880 --> 01:11:49.880] Wait a minute, wait a minute, no, no, no, no [01:11:49.880 --> 01:11:54.880] He just directed it back to you [01:11:54.880 --> 01:12:01.880] Yeah, go ahead and email me, I'll look it over and if I think Brett's better qualified, I'll send it to you [01:12:01.880 --> 01:12:13.880] Yeah, because it's going to deal with some civil matters and false information that was submitted in a previous appeal him for unemployment [01:12:13.880 --> 01:12:21.880] Okay, try to give me something on the order of a timeline, you don't have to do a complete timeline [01:12:21.880 --> 01:12:28.880] But try to make sure I have all the information that I need in order to be able to understand what you're talking about [01:12:28.880 --> 01:12:31.880] I already have it typed out [01:12:31.880 --> 01:12:33.880] Okay, good [01:12:33.880 --> 01:12:36.880] I appreciate it [01:12:36.880 --> 01:12:41.880] Just send that to me and I'll respond to it [01:12:41.880 --> 01:12:43.880] I appreciate it [01:12:43.880 --> 01:12:46.880] Okay, do you have anything else for us? [01:12:46.880 --> 01:12:50.880] That will do it, thank you sir and thank you so much for the information [01:12:50.880 --> 01:12:52.880] Okay, thank you Allen [01:12:52.880 --> 01:12:56.880] Okay, now we're going to Mr. Wireless [01:12:56.880 --> 01:13:00.880] If you are in the 903 area code [01:13:00.880 --> 01:13:03.880] Let's see, get you unmuted [01:13:03.880 --> 01:13:16.880] Give us a first name and we don't need a state, 903 is East Texas, that's where Jesus is from [01:13:16.880 --> 01:13:22.880] Are you there in the 903 area code? [01:13:22.880 --> 01:13:28.880] Well, I guess I put my caller to sleep [01:13:28.880 --> 01:13:31.880] I tend to do that a lot [01:13:31.880 --> 01:13:36.880] Hello in the 903 [01:13:36.880 --> 01:13:40.880] 903-944? We're pushing here [01:13:40.880 --> 01:13:43.880] Okay, seems like we lost them [01:13:43.880 --> 01:13:48.880] Okay, now I'm going to what does not look like [01:13:48.880 --> 01:13:52.880] I'm not sure if this is a first time caller or not, it come up with [01:13:52.880 --> 01:13:55.880] I think it is, 859 [01:13:55.880 --> 01:13:58.880] 859 [01:13:58.880 --> 01:14:07.880] If you're in the 859 area code, talk to us [01:14:07.880 --> 01:14:21.880] There we go, okay, are you on a Bluetooth or a hands-free device of some type? [01:14:21.880 --> 01:14:27.880] I think it's somebody speaking into a straw [01:14:27.880 --> 01:14:33.880] Okay, we're getting every other sallowable [01:14:33.880 --> 01:14:46.880] If you're on any kind of device, try to get rid of that and just speak into the phone directly [01:14:46.880 --> 01:14:57.880] Okay, we think we've got a really bad call because it sounds like we're dropping a lot of packets and we're just getting a sound every now and then [01:14:57.880 --> 01:15:09.880] Why don't you try hanging up and calling right back in [01:15:09.880 --> 01:15:16.880] Okay, we're not getting anything, so let me go back to 903 area code [01:15:16.880 --> 01:15:26.880] Okay, if you're in the 903 area code, speak up [01:15:26.880 --> 01:15:30.880] Okay, neither one of them are coming about [01:15:30.880 --> 01:15:41.880] Okay, we have a lot of room on the call board tonight because we've got two callers on here but they're not working out so good [01:15:41.880 --> 01:15:46.880] Let's open both of them up, okay [01:15:46.880 --> 01:15:52.880] Nope, we've got neither one, so if you have a question or comment, give us a call [01:15:52.880 --> 01:16:01.880] Until then, you're going to have to listen to me and Brett, or Brett and I [01:16:01.880 --> 01:16:09.880] Well, I just got to thinking, Randy, you were talking about these court coordinators and how famously you get along with them and everything [01:16:09.880 --> 01:16:18.880] And I started thinking, well, maybe it's because you've been hitting on them and I wonder what would happen if you run into a court coordinator that ends up being a guy [01:16:18.880 --> 01:16:25.880] Are you still going to end up getting some good results or is this going to be a stalemate? [01:16:25.880 --> 01:16:32.880] No, generally when you get a court coordinator, they're used to dealing with attorneys [01:16:32.880 --> 01:16:36.880] So they tend to be very polite, very professional [01:16:36.880 --> 01:16:43.880] You seldom ever have a problem with them because they do not have a dog in your hunt [01:16:43.880 --> 01:16:50.880] They're just there to keep the court calendar working really good and they're generally really easy to get along with [01:16:50.880 --> 01:16:53.880] Hang on, we'll speak to this on the other side [01:16:53.880 --> 01:17:14.880] Randy Kelton, Brett Fountain, Rule of Law Radio, we'll be right back [01:17:23.880 --> 01:17:31.880] Starting in January, our first hour studies are in the Book of Mark where we'll go verse by verse and discuss the true gospel message [01:17:31.880 --> 01:17:38.880] Our second hour topical studies will vary each week with discussions on sound doctrine and Christian character development [01:17:38.880 --> 01:17:43.880] We wish to reflect God's light and be a blessing to all those with a hearing ear [01:17:43.880 --> 01:17:49.880] Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus [01:17:49.880 --> 01:18:00.880] So tune in to Scripture Talk live on LocalsRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures [01:18:00.880 --> 01:18:06.880] Through advances in technology, our lives have greatly improved except in the area of nutrition [01:18:06.880 --> 01:18:11.880] People feed their pets better than they feed themselves and it's time we changed all that [01:18:11.880 --> 01:18:17.880] Our primary defense against aging and disease in this toxic environment is good nutrition [01:18:17.880 --> 01:18:25.880] In a world where natural foods have been irradiated, adulterated, and mutilated, Young Jevity can provide the nutrients you need [01:18:25.880 --> 01:18:31.880] Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject [01:18:31.880 --> 01:18:39.880] We have come to trust Young Jevity so much we became a marketing distributor along with Alex Jones, Ben Fuchs, and many others [01:18:39.880 --> 01:18:47.880] When you order from LogosRadioNetwork.com, your health will improve as you help support quality radio [01:18:47.880 --> 01:18:51.880] As you realize the benefits of Young Jevity, you may want to join us [01:18:51.880 --> 01:18:58.880] As a distributor, you can experience improved health, help your friends and family, and increase your income [01:18:58.880 --> 01:19:00.880] Order now! [01:19:00.880 --> 01:19:10.880] This is the Logos Radio Network [01:19:30.880 --> 01:19:45.880] Okay, we are back playing the Kelton-Brett Fountain rule of our radio [01:19:45.880 --> 01:19:49.880] And if you have called into our call line, speak up [01:19:49.880 --> 01:19:57.880] I've got someone that my board shows 903 area code, but we can't always trust it when it's a first time caller [01:19:57.880 --> 01:20:02.880] Can you hear me? [01:20:02.880 --> 01:20:08.880] Okay, it looks like we put, oh, that one just dropped off [01:20:08.880 --> 01:20:19.880] So the other one is in the 859 area code, that's, where was it, in Ohio, Brett, you looked that up? [01:20:19.880 --> 01:20:23.880] Yeah, it comes up as being Ohio [01:20:23.880 --> 01:20:27.880] Oh, no, that person dropped off [01:20:27.880 --> 01:20:34.880] Oh, okay, now we have another strange person who I think is from Texas [01:20:34.880 --> 01:20:36.880] Hello, Jane [01:20:36.880 --> 01:20:40.880] Hi, Larry, I won't keep you long, I promise [01:20:40.880 --> 01:20:41.880] Hey, Jane [01:20:41.880 --> 01:20:48.880] Okay, wait, wait, before you start, let me tell you that you sicked Eddie Craig on me [01:20:48.880 --> 01:20:50.880] I'm so sorry [01:20:50.880 --> 01:20:53.880] Don't do that on purpose [01:20:53.880 --> 01:20:57.880] Well, because I was having a conflict of interest [01:20:57.880 --> 01:21:08.880] Yeah, and we got that, Eddie was talking to how he thought things ought to be rather than how they are [01:21:08.880 --> 01:21:15.880] And, okay, Jane was talking about an issue [01:21:15.880 --> 01:21:18.880] Will you explain your issue, Jane? [01:21:18.880 --> 01:21:19.880] Well [01:21:19.880 --> 01:21:22.880] I only said that because I forgot what it was [01:21:22.880 --> 01:21:30.880] Well, it's the issue with the two criminal complaints, said criminal complaints, legal complaints, what they call them in the municipal court [01:21:30.880 --> 01:21:36.880] That were not sworn to by anyone with any kind of personal knowledge [01:21:36.880 --> 01:21:45.880] It was signed by the, the client was the clerk of the court who read the citations that the officer wrote [01:21:45.880 --> 01:21:49.880] And decided to swear out a criminal complaint [01:21:49.880 --> 01:21:51.880] Okay, I have a question [01:21:51.880 --> 01:22:04.880] If you, if you saw your next door neighbor whom you were absolutely terrified of beat somebody to death in their backyard next door to you [01:22:04.880 --> 01:22:09.880] Would you have standing to file a criminal complaint? [01:22:09.880 --> 01:22:12.880] Yes, but I'm not [01:22:12.880 --> 01:22:21.880] Okay, hold on, if your next door neighbor came to you and told you that the neighbor next to her was a real mean man [01:22:21.880 --> 01:22:27.880] And she saw him beat somebody up and then bury him in his backyard [01:22:27.880 --> 01:22:30.880] And you say, well, you need to go file a criminal complaint [01:22:30.880 --> 01:22:33.880] Oh, no, no, I'm terrified, I would never do that [01:22:33.880 --> 01:22:37.880] Do you have standing to file a criminal complaint? [01:22:37.880 --> 01:22:42.880] Well, she told me about a crime if somebody got buried in the backyard [01:22:42.880 --> 01:22:46.880] I don't think I have, I have to call the police and they have to do the investigation [01:22:46.880 --> 01:22:54.880] Okay, I'm going to tell you, you absolutely have standing to file a criminal complaint [01:22:54.880 --> 01:22:59.880] And that criminal complaint must start with, in Texas it must start with [01:22:59.880 --> 01:23:03.880] In the name of and under the authority of the state of Texas [01:23:03.880 --> 01:23:11.880] I, your name, have reason to believe and do believe [01:23:11.880 --> 01:23:18.880] If your neighbor tells you that she saw her neighbor kill somebody and bury him in the backyard [01:23:18.880 --> 01:23:24.880] But this person is terrified of them and they're not going to say anything [01:23:24.880 --> 01:23:29.880] Okay, but I disagree because you're using a qualified statement [01:23:29.880 --> 01:23:35.880] I mean, because when I'm saying, because I'm thinking that you can't use qualified statements [01:23:35.880 --> 01:23:40.880] Whenever you're making a sworn criminal complaint [01:23:40.880 --> 01:23:43.880] Absolutely you can [01:23:43.880 --> 01:23:46.880] Now let me explain why that's the case [01:23:46.880 --> 01:23:53.880] A criminal complaint is intended to be presented to some magistrate [01:23:53.880 --> 01:23:58.880] If a prosecutor gets a criminal complaint, they're required to present it to some magistrate [01:23:58.880 --> 01:24:03.880] If a policeman receives a criminal complaint, he's required to give it to some magistrate [01:24:03.880 --> 01:24:08.880] If a policeman hasn't made known to him in any manner that a law has been violated [01:24:08.880 --> 01:24:14.880] Relating to, that a law has been violated, he is commanded to give notice to some magistrate [01:24:14.880 --> 01:24:18.880] All notice of crime goes to a magistrate [01:24:18.880 --> 01:24:21.880] But not just in magistrate [01:24:21.880 --> 01:24:30.880] Yes, any magistrate, attorney general opinion JM 500 says that any magistrate in the state of Texas [01:24:30.880 --> 01:24:37.880] May take any complaint felony or misdemeanor state or federal from anywhere in the state [01:24:37.880 --> 01:24:41.880] But in the same court is what I'm saying [01:24:41.880 --> 01:24:48.880] The magistrate in the same court is not the one that they should take the criminal complaint to in the municipal court [01:24:48.880 --> 01:24:50.880] Of course, why not? [01:24:50.880 --> 01:24:59.880] Because how can the person who initiated the investigation [01:24:59.880 --> 01:25:03.880] Which is a police officer who is not authorized to determine probable cause [01:25:03.880 --> 01:25:08.880] Who didn't sign a complaint that was sworn, no jurat, no nothing [01:25:08.880 --> 01:25:15.880] And then the client is the clerk of the court who did it on a hearsay probable cause [01:25:15.880 --> 01:25:17.880] From a citation [01:25:17.880 --> 01:25:25.880] And then that person, the client is an agent for the judge [01:25:25.880 --> 01:25:28.880] Okay, hold on, hold on [01:25:28.880 --> 01:25:37.880] The affiant being the clerk is an agent for the judge [01:25:37.880 --> 01:25:39.880] Where did you get that? [01:25:39.880 --> 01:25:45.880] Eddie, she's agent of the court for the judge [01:25:45.880 --> 01:25:49.880] Wait a minute, wait a minute, what does agent mean? [01:25:49.880 --> 01:25:52.880] That she works directly for the judge [01:25:52.880 --> 01:25:54.880] Okay, that's different [01:25:54.880 --> 01:26:03.880] Does the fact that someone works for a judge deny them in their right to report crime? [01:26:03.880 --> 01:26:09.880] She had no, yes, I still say that since she's [01:26:09.880 --> 01:26:15.880] Wait, wait, I'm going somewhere, Jane, and it's an important place [01:26:15.880 --> 01:26:17.880] Okay [01:26:17.880 --> 01:26:21.880] I talked to you and Eddie called me and I talked to Eddie about this issue [01:26:21.880 --> 01:26:23.880] And he's saying this is just wrong [01:26:23.880 --> 01:26:27.880] And I'm saying, yeah, you're probably right, it is wrong [01:26:27.880 --> 01:26:31.880] But the question is, is it legal? [01:26:31.880 --> 01:26:34.880] By the Constitution it's not, by the text [01:26:34.880 --> 01:26:37.880] Absolutely it is by the Constitution [01:26:37.880 --> 01:26:39.880] It is absolutely legal [01:26:39.880 --> 01:26:48.880] Now it may not be right, this particular issue is not directly addressed by the Constitution [01:26:48.880 --> 01:26:53.880] I don't like the idea of policemen, they write all these tickets [01:26:53.880 --> 01:27:01.880] And they don't want to waste a lot of time doing criminal affidavits and getting it put on for hearing [01:27:01.880 --> 01:27:04.880] So they hire these clerks to do that for them [01:27:04.880 --> 01:27:09.880] So the cop runs out there and writes a bunch of tickets and runs in and gives it to this clerk [01:27:09.880 --> 01:27:15.880] And she takes the clerks the tickets and from the tickets she makes out criminal complaints and she signs it [01:27:15.880 --> 01:27:16.880] Illegal [01:27:16.880 --> 01:27:21.880] That is judicially efficient, but it is not illegal [01:27:21.880 --> 01:27:28.880] But what about Article 5, Chapter 21 in the Texas Constitution? [01:27:28.880 --> 01:27:30.880] Okay, read it [01:27:30.880 --> 01:27:42.880] That says that only two people have the authority to write or to do the criminal complaints [01:27:42.880 --> 01:27:47.880] You know, even misdemeanors, and that is county and district attorneys, period [01:27:47.880 --> 01:27:51.880] Absolutely not [01:27:51.880 --> 01:27:53.880] That's what it says, darling [01:27:53.880 --> 01:28:03.880] No it doesn't, it says they are the only two people who can prosecute complaints or prosecutors [01:28:03.880 --> 01:28:14.880] Kennedy v. State says, in order to avoid the obvious evils of the accumulation of power in any one office [01:28:14.880 --> 01:28:23.880] For the purpose of initiating a criminal prosecution, a prosecutor is not a credible person [01:28:23.880 --> 01:28:34.880] The only person who is forbidden to initiate a prosecution is the prosecutor who will prosecute it [01:28:34.880 --> 01:28:38.880] That is the only person in Texas law [01:28:38.880 --> 01:28:41.880] Randy, what about the people that work for the prosecutor? [01:28:41.880 --> 01:28:47.880] In the prosecutor's office, so you've got the prosecutor and then there's assistants [01:28:47.880 --> 01:28:53.880] And there's usually an investigator or two that are hired to work under that prosecutor [01:28:53.880 --> 01:29:02.880] They stand in the shoes of the prosecutor, but the clerk of the court does not [01:29:02.880 --> 01:29:08.880] The clerk of the court is not anywhere in law forbidden to file a criminal complaint [01:29:08.880 --> 01:29:13.880] If a police officer comes to the clerk and says, hey, look at this document here [01:29:13.880 --> 01:29:20.880] I wrote out this document here and I saw this person commit this criminal act [01:29:20.880 --> 01:29:29.880] If the clerk believes the police officer, under Texas law, the clerk has the authority, the standing [01:29:29.880 --> 01:29:32.880] To write out a criminal complaint [01:29:32.880 --> 01:29:38.880] In the Chapter 45, they do [01:29:38.880 --> 01:29:39.880] Say that again [01:29:39.880 --> 01:29:44.880] In Chapter 45, they do [01:29:44.880 --> 01:29:46.880] What does that mean? [01:29:46.880 --> 01:29:49.880] In Chapter 45, yes, they do [01:29:49.880 --> 01:29:53.880] Okay, hold on, hold on, we have to be a little more careful here because we're talking details [01:29:53.880 --> 01:30:02.880] You're talking Texas Code of Criminal Procedure Chapter 45, hang on, we'll be right back [01:30:02.880 --> 01:30:09.880] Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing [01:30:09.880 --> 01:30:12.880] But now researchers say we can add stress to the list [01:30:12.880 --> 01:30:16.880] I'm Dr. Catherine Albrecht, back with details in a moment [01:30:16.880 --> 01:30:18.880] Privacy is under attack [01:30:18.880 --> 01:30:21.880] When you give up data about yourself, you'll never get it back again [01:30:21.880 --> 01:30:26.880] And once your privacy is gone, you'll find your freedoms will start to vanish too [01:30:26.880 --> 01:30:32.880] So protect your rights, say no to surveillance and keep your information to yourself [01:30:32.880 --> 01:30:34.880] Privacy, it's worth hanging on to [01:30:34.880 --> 01:30:37.880] This message is brought to you by Startpage.com [01:30:37.880 --> 01:30:41.880] The private search engine alternative to Google, Yahoo and Bing [01:30:41.880 --> 01:30:44.880] Start over with Startpage [01:30:44.880 --> 01:30:48.880] Are you always on the go and juggling multiple projects? [01:30:48.880 --> 01:30:52.880] If so, you might think that multitasking proves you're smart [01:30:52.880 --> 01:30:56.880] But think again, all that stress might be eating your brain [01:30:56.880 --> 01:31:00.880] A new study finds stress reduces the number of connections between neurons [01:31:00.880 --> 01:31:03.880] Which actually makes it harder for people to manage problems [01:31:03.880 --> 01:31:10.880] Researchers at Yale University found that stressed out people have less gray matter in their prefrontal cortex [01:31:10.880 --> 01:31:15.880] That's the part of the brain that helps us away conflicting ideas and regulate our emotions [01:31:15.880 --> 01:31:20.880] So take a deep breath and chill out. It'll help keep your mind as sharp as a tack [01:31:20.880 --> 01:31:26.880] I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine [01:31:30.880 --> 01:31:36.880] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11 [01:31:36.880 --> 01:31:38.880] The government says that fire brought it down [01:31:38.880 --> 01:31:43.880] However, 1,500 architects and engineers concluded it was a controlled demolition [01:31:43.880 --> 01:31:46.880] Over 6,000 of my fellow service members have given their lives [01:31:46.880 --> 01:31:48.880] And thousands of my fellow first responders are dying [01:31:48.880 --> 01:31:50.880] I'm not a conspiracy theorist [01:31:50.880 --> 01:31:51.880] I'm a structural engineer [01:31:51.880 --> 01:31:52.880] I'm a New York City correction officer [01:31:52.880 --> 01:31:53.880] I'm an Air Force pilot [01:31:53.880 --> 01:31:55.880] I'm a father who lost his son [01:31:55.880 --> 01:31:57.880] We're Americans and we deserve the truth [01:31:57.880 --> 01:32:00.880] Go to RememberBuilding7.org today [01:32:02.880 --> 01:32:05.880] Rule of Law Radio is proud to offer the Rule of Law traffic seminar [01:32:05.880 --> 01:32:07.880] In today's America, we live in an us-against-them society [01:32:07.880 --> 01:32:10.880] And if we the people are ever going to have a free society [01:32:10.880 --> 01:32:12.880] Then we're going to have to stand and defend our own rights [01:32:12.880 --> 01:32:15.880] Among those rights are the right to travel freely from place to place [01:32:15.880 --> 01:32:17.880] The right to act in our own private capacity [01:32:17.880 --> 01:32:19.880] And most importantly, the right to due process of law [01:32:19.880 --> 01:32:22.880] Traffic courts afford us the least expensive opportunity [01:32:22.880 --> 01:32:25.880] To learn how to enforce and preserve our rights through due process [01:32:25.880 --> 01:32:28.880] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio [01:32:28.880 --> 01:32:31.880] Has put together the most comprehensive teaching tool available [01:32:31.880 --> 01:32:33.880] That will help you understand what due process is [01:32:33.880 --> 01:32:35.880] And how to hold courts to the rule of law [01:32:35.880 --> 01:32:37.880] You can get your own copy of this invaluable material [01:32:37.880 --> 01:32:40.880] By going to RuleOfLawRadio.com and ordering your copy today [01:32:40.880 --> 01:32:42.880] By ordering now you'll receive a copy of Eddie's book [01:32:42.880 --> 01:32:45.880] The Texas Transportation Code, The Law Versus the Lie [01:32:45.880 --> 01:32:47.880] Video and audio of the original 2009 seminar [01:32:47.880 --> 01:32:50.880] Hundreds of research documents and other useful resource material [01:32:50.880 --> 01:32:54.880] Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com [01:32:54.880 --> 01:32:59.880] Order your copy today and together we can have the free society we all want and deserve [01:33:01.880 --> 01:33:04.880] You are listening to the Logos Radio Network [01:33:04.880 --> 01:33:11.880] LogosRadioNetwork.com [01:33:34.880 --> 01:33:44.880] LogosRadioNetwork.com [01:33:44.880 --> 01:33:54.880] LogosRadioNetwork.com [01:33:54.880 --> 01:34:04.880] LogosRadioNetwork.com [01:34:04.880 --> 01:34:24.880] LogosRadioNetwork.com [01:34:24.880 --> 01:34:27.880] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio [01:34:27.880 --> 01:34:30.880] We're talking to Jane in Texas [01:34:30.880 --> 01:34:36.880] What I'm trying to get to here, Jane, is what the law actually says [01:34:36.880 --> 01:34:41.880] As opposed to what we think it should say [01:34:41.880 --> 01:34:49.880] And the only one I can find in law who is forbidden to be the affiant [01:34:49.880 --> 01:34:53.880] Is the prosecutor who will prosecute the case [01:34:53.880 --> 01:34:58.880] It's forbidden to be the affiant there and it's also forbidden to testify [01:34:58.880 --> 01:35:05.880] Okay, but what about the Texas Constitution, Article 5, Section 17? [01:35:05.880 --> 01:35:10.880] That says, the county court shall hold terms as provided by law [01:35:10.880 --> 01:35:18.880] Prosecutions may be commenced in said court by information files by the county attorney [01:35:18.880 --> 01:35:22.880] Or by affidavit as may be provided by law [01:35:22.880 --> 01:35:26.880] And then it talks about the grand juries in the district court [01:35:26.880 --> 01:35:28.880] But it doesn't say anything else [01:35:28.880 --> 01:35:31.880] And nobody else, it doesn't get the card anybody [01:35:31.880 --> 01:35:33.880] Okay, hold on, hold on, hold on [01:35:33.880 --> 01:35:34.880] You're running the law [01:35:34.880 --> 01:35:37.880] You're moving from the law to your opinion about the law [01:35:37.880 --> 01:35:40.880] It's by information [01:35:40.880 --> 01:35:45.880] So what does information mean? [01:35:45.880 --> 01:35:51.880] That is what has to be followed by the magistrate after determining probable cause [01:35:51.880 --> 01:35:54.880] No, that's not what has to be followed by the magistrate [01:35:54.880 --> 01:36:01.880] When a prosecuting attorney is made known that the crime has been committed by verified criminal affidavit [01:36:01.880 --> 01:36:11.880] The prosecutor is required to reduce the complaint to an information and file it with the court [01:36:11.880 --> 01:36:13.880] Yeah, file both [01:36:13.880 --> 01:36:16.880] The prosecutor is not the affiant [01:36:16.880 --> 01:36:23.880] The prosecutor must take a complaint from an affiant and reduce it to an information [01:36:23.880 --> 01:36:27.880] The information looks like a complaint [01:36:27.880 --> 01:36:34.880] What it is intended to be is a complaint in proper form [01:36:34.880 --> 01:36:41.880] The complainant is intended to be anyone and not necessarily a legal professional [01:36:41.880 --> 01:36:44.880] It's Bubba Joe's, it can't even spell [01:36:44.880 --> 01:36:48.880] Yeah, exactly, and it can be more informal [01:36:48.880 --> 01:36:56.880] And when the prosecutor gets it as learned counsel, he is to convert it into proper form [01:36:56.880 --> 01:37:00.880] And that's the information, it is not the complaint [01:37:00.880 --> 01:37:04.880] There must be a complaint and an information [01:37:04.880 --> 01:37:06.880] Exactly [01:37:06.880 --> 01:37:11.880] And the prosecutor cannot be the complainant [01:37:11.880 --> 01:37:15.880] He is the one that does the information like you're reading here [01:37:15.880 --> 01:37:20.880] It's not his name that's giving his knowledge about that [01:37:20.880 --> 01:37:23.880] He's not testifying, he just drew it up based on the complaint [01:37:23.880 --> 01:37:25.880] Does that make sense, Jane? [01:37:25.880 --> 01:37:29.880] It makes sense, but it's not what I understand now [01:37:29.880 --> 01:37:34.880] And the thing is, because I don't think the police officer is authorized and doesn't have [01:37:34.880 --> 01:37:37.880] Wait, we're not talking about what you think [01:37:37.880 --> 01:37:39.880] We're not talking about what you understand [01:37:39.880 --> 01:37:47.880] We're trying to isolate the difference between what we think and what we believe from what the law actually says [01:37:47.880 --> 01:37:50.880] And that's what I'm going by, what the law says [01:37:50.880 --> 01:37:54.880] Like in Article 5, Section 21 of the Constitution [01:37:54.880 --> 01:37:58.880] The way I see it is anything that's written in the Code of Criminal Procedure [01:37:58.880 --> 01:38:03.880] If it doesn't jive with what's in the Texas Constitution, then it can't [01:38:03.880 --> 01:38:09.880] Okay, now you're doing a complex comparison here [01:38:09.880 --> 01:38:14.880] The Constitution is not law [01:38:14.880 --> 01:38:20.880] The Constitution is a prohibition against public officials to prevent them from doing certain things [01:38:20.880 --> 01:38:26.880] When a judge says, don't bring the Constitution in my court, he's right [01:38:26.880 --> 01:38:30.880] He's here to apply the law to the facts [01:38:30.880 --> 01:38:33.880] The Constitution is not the law [01:38:33.880 --> 01:38:41.880] The Constitution dictates what the law shall be in certain circumstances, but it is not the law [01:38:41.880 --> 01:38:49.880] The statutes implement the prescriptions in the Constitution [01:38:49.880 --> 01:39:05.880] And the statutes are valid and controlling so long as they properly apply the restrictions that are in the Constitution to public officials [01:39:05.880 --> 01:39:08.880] The Constitution only goes to public officials [01:39:08.880 --> 01:39:12.880] It tells them, you can't do this, you can't do that [01:39:12.880 --> 01:39:21.880] And in order to enforce the Constitution, we have statutes that enforce the prohibitions in the Constitution [01:39:21.880 --> 01:39:28.880] So you can talk about the Constitution, but you can't talk about it in terms of it controlling [01:39:28.880 --> 01:39:31.880] You have to go to the statutes [01:39:31.880 --> 01:39:32.880] Does that make sense? [01:39:32.880 --> 01:39:41.880] The Constitution is not, what's in the Constitution is higher than what's in the Texas Code of Criminal Procedure [01:39:41.880 --> 01:39:49.880] It is not, okay, all statutes must comply with the Constitution [01:39:49.880 --> 01:39:50.880] And they don't [01:39:50.880 --> 01:39:58.880] But the different issue, we're trying to get to what the law actually says [01:39:58.880 --> 01:40:03.880] You're trying to get to how this is supposed to actually work [01:40:03.880 --> 01:40:07.880] And you're juxtaposing Constitution on statute [01:40:07.880 --> 01:40:13.880] The only way you do that is you say the statute doesn't comply with the Constitution [01:40:13.880 --> 01:40:20.880] Or there's not a statute that implements a condition of the Constitution [01:40:20.880 --> 01:40:23.880] But you're trying to apply the Constitution to the statute [01:40:23.880 --> 01:40:33.880] I know this is pedantic and it's detailed, but it's something we need to understand when we go to the courts [01:40:33.880 --> 01:40:38.880] If we go in there waving the Constitution at them, they're not going to pay attention to it [01:40:38.880 --> 01:40:46.880] We need to go in there and wave the statutes that implement the Constitution [01:40:46.880 --> 01:40:50.880] So let's do this by statute [01:40:50.880 --> 01:40:56.880] Okay, so I can't help, but the Constitution is in my brain now [01:40:56.880 --> 01:41:06.880] But the thing is what it says in Article 5, Section 21, it says the county attorney shall represent the state in all cases [01:41:06.880 --> 01:41:11.880] And the district in the barrier courts in their respective counties [01:41:11.880 --> 01:41:17.880] So that's telling me that county attorneys are the only ones that can represent the state [01:41:17.880 --> 01:41:25.880] And the admissible court is trying to prosecute me in the name of the state, which they cannot do per the Constitution [01:41:25.880 --> 01:41:31.880] Okay, now what you've done is jumped to a whole different issue [01:41:31.880 --> 01:41:39.880] We were talking about what law applies, and now you're going to the issue [01:41:39.880 --> 01:41:51.880] This is one of Eddie Craig's pet issues, is that there's nothing in the Constitution that allows any statute [01:41:51.880 --> 01:41:57.880] to authorize a municipal prosecutor to act in the name of the state [01:41:57.880 --> 01:41:59.880] Right [01:41:59.880 --> 01:42:03.880] And I agree with him, but that's a different issue [01:42:03.880 --> 01:42:06.880] We weren't talking about that [01:42:06.880 --> 01:42:11.880] But it's everything like that, and my complaints, it's all kinds of things that they've done wrong [01:42:11.880 --> 01:42:17.880] No, no, you can't do that, you can't mix these together in some spiderweb thing [01:42:17.880 --> 01:42:22.880] You have to be able to take the judge from one point to the next to the next to the next [01:42:22.880 --> 01:42:29.880] Whichever issue you raise, you have to raise it well, and then put closure to it, and then start another issue if you need to [01:42:29.880 --> 01:42:31.880] Okay, well that's... [01:42:31.880 --> 01:42:36.880] It takes mental discipline [01:42:36.880 --> 01:42:42.880] Okay, okay, it's going to take a whole lot more of me, because I've got, anyway [01:42:42.880 --> 01:42:50.880] I called you about something else, my civil case is going on, and it's just now starting in the county court [01:42:50.880 --> 01:42:57.880] And the attorney filed his first petition, which is like one of the old ones he dragged up out of the thing from the JP court [01:42:57.880 --> 01:43:02.880] And he filed it on the 24th, so I can't find anywhere in the local rules [01:43:02.880 --> 01:43:09.880] Do I need to be looking at O'Connor's to find when I'm supposed to respond? Because I haven't responded, and I don't want to miss the deadline [01:43:09.880 --> 01:43:12.880] Well, whatever you do, don't miss a deadline [01:43:12.880 --> 01:43:20.880] If you have to respond with, oh, the attorney's full of crap and all his pleads are garbage, throw them all out, Judge [01:43:20.880 --> 01:43:23.880] Do that, get something in [01:43:23.880 --> 01:43:26.880] You can always amend later [01:43:26.880 --> 01:43:31.880] Make sure you don't miss a deadline, hang on, we have a deadline coming [01:43:31.880 --> 01:43:37.880] We're about to go to our sponsors, and I really wanted to push Jane over the cliff [01:43:37.880 --> 01:43:40.880] I haven't pushed you over the cliff, have I, Jane? [01:43:42.880 --> 01:43:50.880] Okay, since I can't get away with pushing Jane over the cliff, I'll try not to fall over it myself [01:43:50.880 --> 01:43:55.880] Randy Kelton, Brett Fountain, Rule of Law Radio, we'll be right back [01:43:55.880 --> 01:43:57.880] Hey, tell us about that Wilde [01:43:59.880 --> 01:44:04.880] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? 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[01:45:03.880 --> 01:45:06.880] Win your case without an attorney with Jurisdictionary [01:45:06.880 --> 01:45:14.880] The affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step [01:45:14.880 --> 01:45:18.880] If you have a lawyer, know what your lawyer should be doing [01:45:18.880 --> 01:45:22.880] If you don't have a lawyer, know what you should do for yourself [01:45:22.880 --> 01:45:27.880] Thousands have won with our step-by-step course, and now you can, too [01:45:27.880 --> 01:45:33.880] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience [01:45:33.880 --> 01:45:38.880] Even if you're not in a lawsuit, you can learn what everyone should understand [01:45:38.880 --> 01:45:42.880] About the principles and practices that control our American courts [01:45:42.880 --> 01:45:51.880] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more [01:45:51.880 --> 01:45:55.880] Please visit ruleoflawradio.com and click on the banner [01:45:55.880 --> 01:46:00.880] or call toll-free, 866-LAW-EZ [01:46:25.880 --> 01:46:30.880] I don't understand something, I realize fully [01:46:30.880 --> 01:46:35.880] Somebody's gonna police that policeman [01:46:35.880 --> 01:46:39.880] Somebody's gonna police the police [01:46:39.880 --> 01:46:44.880] There's always a room at the top of the hill [01:46:44.880 --> 01:46:48.880] Here's to the grave mine and it's lonely left too [01:46:48.880 --> 01:46:52.880] They're wishing it with more than opposition to fail [01:46:52.880 --> 01:46:56.880] They know that if they don't do it, somebody will [01:46:56.880 --> 01:47:04.880] I don't understand something, I realize fully [01:47:04.880 --> 01:47:09.880] Somebody's gonna police that policeman [01:47:09.880 --> 01:47:14.880] Somebody's gonna police the police [01:47:14.880 --> 01:47:18.880] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio [01:47:18.880 --> 01:47:23.880] And Jane, I wasn't trying to be difficult, but I was trying to be pedantic [01:47:23.880 --> 01:47:27.880] I was trying to be very detailed [01:47:27.880 --> 01:47:33.880] When we deal with these guys, we have to be really careful how we handle things [01:47:33.880 --> 01:47:46.880] You moved from who can file a criminal complaint to municipal attorneys can't represent the state [01:47:46.880 --> 01:47:56.880] I agree that it appears as though municipal attorneys have no authority to represent the state [01:47:56.880 --> 01:47:59.880] But that's a different issue [01:47:59.880 --> 01:48:06.880] Prosecuting attorneys, the original question was can prosecuting attorneys be the affiant? [01:48:06.880 --> 01:48:10.880] And the question is a resounding no [01:48:10.880 --> 01:48:16.880] The original question was about court clerk, can the court clerk be an affiant? [01:48:16.880 --> 01:48:20.880] Absolutely yes, they can [01:48:20.880 --> 01:48:23.880] I can't agree, I can't agree [01:48:23.880 --> 01:48:25.880] It doesn't matter [01:48:25.880 --> 01:48:32.880] I've been 30 years researching this and I don't like the fact that a policeman can come to a clerk [01:48:32.880 --> 01:48:40.880] Give the clerk a ticket and the clerk can write a criminal affidavit from that ticket [01:48:40.880 --> 01:48:46.880] But that is well established, we're not going to change that one [01:48:46.880 --> 01:48:50.880] Can't fix that one, that's established in law [01:48:50.880 --> 01:48:57.880] Anyone other than the prosecutor can be a criminal affiant [01:48:57.880 --> 01:49:01.880] They do not have to have personal knowledge [01:49:01.880 --> 01:49:08.880] That's only good to get the complaint to some magistrate [01:49:08.880 --> 01:49:09.880] Thank you [01:49:09.880 --> 01:49:17.880] And if the magistrate finds probable cause, then when you get to the trial court [01:49:17.880 --> 01:49:21.880] Now that clerk has no standing at the trial court [01:49:21.880 --> 01:49:26.880] Now you have to get someone with personal knowledge [01:49:26.880 --> 01:49:28.880] You have to have best evidence [01:49:28.880 --> 01:49:34.880] You can have hearsay at the examining trial, but not at the trial court [01:49:34.880 --> 01:49:38.880] The problem is they don't do examining trials anymore [01:49:38.880 --> 01:49:46.880] They take the clerk's statement and use it as if probable cause was found [01:49:46.880 --> 01:49:54.880] So the argument is not can the clerk issue the complaint, yes the clerk can [01:49:54.880 --> 01:50:02.880] The argument is can the trial court initiate a prosecution based on a statement [01:50:02.880 --> 01:50:06.880] A hearsay statement by the clerk and no it cannot [01:50:06.880 --> 01:50:10.880] Right, exactly, fine distinction but very important [01:50:10.880 --> 01:50:12.880] Does that make sense Jane? [01:50:12.880 --> 01:50:16.880] That does make sense and so then when I was supposed to go to court yesterday [01:50:16.880 --> 01:50:18.880] But they put it off again until May not [01:50:18.880 --> 01:50:20.880] Which they're already at a statute of limitations [01:50:20.880 --> 01:50:25.880] But I was going to go to an arraignment by the prosecutor [01:50:25.880 --> 01:50:30.880] Whoa, whoa, Class C misdemeanor? [01:50:30.880 --> 01:50:32.880] Yeah, there's going to be an arraignment [01:50:32.880 --> 01:50:38.880] Okay, hold on, 26.01, you know what it says? [01:50:38.880 --> 01:50:40.880] I'll top my head no [01:50:40.880 --> 01:50:54.880] Okay, I do, it says an arraignment may be held in the matter of a felony or a misdemeanor punishable by imprisonment [01:50:54.880 --> 01:50:57.880] We're fine, aren't we, right? [01:50:57.880 --> 01:51:01.880] Okay, hold on, why the legislature? [01:51:01.880 --> 01:51:11.880] This is, Chapter 26 is arraignment, the very first one, they eliminated Class C misdemeanor [01:51:11.880 --> 01:51:16.880] You cannot hold an arraignment in a Class C misdemeanor [01:51:16.880 --> 01:51:18.880] Okay [01:51:18.880 --> 01:51:24.880] Why the legislature? For bad that, I have no idea [01:51:24.880 --> 01:51:33.880] But the very first statute in a matter, the arraignment may be held in the matter of a felony or a misdemeanor punishable by imprisonment [01:51:33.880 --> 01:51:37.880] That excludes Class C misdemeanors [01:51:37.880 --> 01:51:40.880] Like you needed one more layer, right, Jane? [01:51:40.880 --> 01:51:43.880] One more reason why they're doing some certain things wrong [01:51:43.880 --> 01:51:47.880] They're trying to bring you to court for an arraignment? [01:51:47.880 --> 01:51:53.880] Ask the bailiff to arrest the judge and the prosecutor [01:51:53.880 --> 01:51:57.880] Well, I mean, they do things really messed up over there [01:51:57.880 --> 01:51:59.880] You don't care how they do it [01:51:59.880 --> 01:52:05.880] The more screwed up they do it, the more tools it gives us to beat them up with [01:52:05.880 --> 01:52:10.880] I did that in Garland, Texas, I asked the bailiff to arrest the judge [01:52:10.880 --> 01:52:15.880] It was so much fun [01:52:15.880 --> 01:52:18.880] Because the judge was trying to hold an arraignment [01:52:18.880 --> 01:52:20.880] And I told the bailiff to arrest him [01:52:20.880 --> 01:52:24.880] And we were outside the courtroom [01:52:24.880 --> 01:52:26.880] I said, I need you to go in there and arrest that judge [01:52:26.880 --> 01:52:28.880] I'm not going to arrest the judge [01:52:28.880 --> 01:52:31.880] And he starts walking toward the courtroom door [01:52:31.880 --> 01:52:37.880] And I said, Mr. Bailiff, I need you to take your chicken suit off [01:52:37.880 --> 01:52:41.880] And he just froze in his tracks and turned around [01:52:41.880 --> 01:52:44.880] And he said, are you calling me a coward? [01:52:44.880 --> 01:52:46.880] Yes [01:52:46.880 --> 01:52:49.880] As a matter of fact, I am calling you a coward [01:52:49.880 --> 01:52:51.880] Steaking, lily-livered coward [01:52:51.880 --> 01:52:55.880] Get your behind in there and do your job [01:52:55.880 --> 01:52:59.880] I had two people with me and they ducked and run [01:52:59.880 --> 01:53:04.880] The bailiff just glared at me and he knew I was right [01:53:04.880 --> 01:53:08.880] And he didn't put his hand anywhere near his gun [01:53:08.880 --> 01:53:11.880] We need to make these fine distinctions [01:53:11.880 --> 01:53:17.880] You've got a justice of the peace doing things the justice of the peace has no power to do [01:53:17.880 --> 01:53:22.880] If the justice of the peace has convened an arraignment hearing [01:53:22.880 --> 01:53:26.880] You need to ask the bailiff to arrest the justice of the peace [01:53:26.880 --> 01:53:28.880] Now that's a municipal court [01:53:28.880 --> 01:53:30.880] That was a municipal court [01:53:30.880 --> 01:53:32.880] I already have a JP court now [01:53:32.880 --> 01:53:36.880] Okay, municipal court, justice of the peace, same rules [01:53:36.880 --> 01:53:39.880] Okay, okay [01:53:39.880 --> 01:53:41.880] They can't hold an arraignment [01:53:41.880 --> 01:53:46.880] They just want to hold a hearing to do, let's make a deal [01:53:46.880 --> 01:53:47.880] Which I'm not [01:53:47.880 --> 01:53:49.880] Okay, okay, with all this, let's stop [01:53:49.880 --> 01:53:52.880] You had another question and I kind of bushwhacked you [01:53:52.880 --> 01:53:54.880] That didn't go to here [01:53:54.880 --> 01:53:56.880] What was your other question? [01:53:56.880 --> 01:54:00.880] Okay, well, before we get away from this, just one more thing [01:54:00.880 --> 01:54:10.880] You're not saying then that everything can be done in this one municipal court without anybody else being involved [01:54:10.880 --> 01:54:13.880] Are you saying that or are you not saying that? [01:54:13.880 --> 01:54:17.880] I'm not sure what you're referring to, everything, what does that mean? [01:54:17.880 --> 01:54:22.880] Okay, when you said that after the complaint was formed [01:54:22.880 --> 01:54:25.880] When it goes, when the prosecuting files the information [01:54:25.880 --> 01:54:29.880] And then someone, then the magistrate determines probable cause [01:54:29.880 --> 01:54:35.880] You're not, are you saying that all that can be done in the municipal court and also the justice of the peace? [01:54:35.880 --> 01:54:37.880] No, you cannot [01:54:37.880 --> 01:54:42.880] The municipal court is seen as a trial judge, not as a magistrate [01:54:42.880 --> 01:54:43.880] Okay [01:54:43.880 --> 01:54:51.880] That complaint by the clerk, it is absolutely valid if it's presented to a magistrate [01:54:51.880 --> 01:54:56.880] It's not valid if it's presented to the trial judge [01:54:56.880 --> 01:55:01.880] It's good for invoking a magistrate's duty to hold an examining trial [01:55:01.880 --> 01:55:02.880] Okay [01:55:02.880 --> 01:55:03.880] That's it [01:55:03.880 --> 01:55:06.880] In the same court or not in the same court [01:55:06.880 --> 01:55:15.880] It can be, the judge can be a magistrate, but they can't hold a court hearing, they must hold an examining trial [01:55:15.880 --> 01:55:16.880] Okay [01:55:16.880 --> 01:55:17.880] Yeah [01:55:17.880 --> 01:55:25.880] And in an examining trial, the rules of evidence apply, that would be the same kinds of rules of evidence that you would apply in a trial court [01:55:25.880 --> 01:55:29.880] Once you're there, once you're in the examining trial, which they'd never hold [01:55:29.880 --> 01:55:31.880] Okay [01:55:31.880 --> 01:55:39.880] See, they're skipping a place, they're trying to jump from the complaint to the court of jurisdiction [01:55:39.880 --> 01:55:42.880] Well, there is no court of jurisdiction [01:55:42.880 --> 01:55:47.880] A complaint is sufficient if it is based on hearsay [01:55:47.880 --> 01:55:52.880] But you can't blame them, Randy, you can't blame them, it's more, they get more money that way [01:55:52.880 --> 01:55:55.880] It works out smoother, it's easier, it's more efficient [01:55:55.880 --> 01:55:58.880] Yeah, yeah, adjudicative expediency [01:55:58.880 --> 01:56:06.880] The complaint is sufficient to invoke the duty of a magistrate, not a judge [01:56:06.880 --> 01:56:11.880] It's important to understand that the magistrate may also be a judge [01:56:11.880 --> 01:56:18.880] But when they receive the original complaint, they're not sitting as a judge, they're sitting as a magistrate [01:56:18.880 --> 01:56:24.880] And the only thing they can do is make a determination of probable cause [01:56:24.880 --> 01:56:30.880] Then they're to issue an order and file it with the court that would have jurisdiction [01:56:30.880 --> 01:56:38.880] If the magistrate is the, would be the judge of the court of jurisdiction, he's to give the order to his clerk [01:56:38.880 --> 01:56:46.880] And then the clerk will docket the case, and then the judge can sit as the trial judge [01:56:46.880 --> 01:56:49.880] Yeah, that's 1731 [01:56:49.880 --> 01:56:53.880] Yeah, exactly [01:56:53.880 --> 01:56:57.880] So what they're doing here is they're missing a step [01:56:57.880 --> 01:57:06.880] And your argument is right, but you're not making it right because something's missing in the middle [01:57:06.880 --> 01:57:15.880] Your argument should be that this complaint by the clerk is not sufficient to invoke the jurisdiction of the trial court [01:57:15.880 --> 01:57:20.880] It's only sufficient to invoke the jurisdiction of a magistrate [01:57:20.880 --> 01:57:32.880] The magistrate must hold a hearing under Chapter 16, make a determination of probable cause, issue an order, and then file that with the trial court [01:57:32.880 --> 01:57:38.880] Then we get to the actual court, and when we get to the trial court, the clerk is out of here [01:57:38.880 --> 01:57:43.880] They can't come to the trial court and testify because they only have hearsay [01:57:43.880 --> 01:57:48.880] The original affidavit must come to the trial court [01:57:48.880 --> 01:57:50.880] Does that all make sense? [01:57:50.880 --> 01:57:53.880] Yeah, it does [01:57:53.880 --> 01:58:01.880] And they want you to believe that in a municipal court they can prosecute on complaint alone for a misdemeanor [01:58:01.880 --> 01:58:06.880] And they keep on saying that, but that statute was repealed [01:58:06.880 --> 01:58:09.880] That was 45.01, and it's gone [01:58:09.880 --> 01:58:13.880] The legislature fixed that for us in 1999 [01:58:13.880 --> 01:58:23.880] Jane, you go in and make this argument, the judge will get apoplexy [01:58:23.880 --> 01:58:28.880] I haven't seen the judge. It's only the prosecutor holding the court [01:58:28.880 --> 01:58:38.880] If the prosecutor's holding the court, I always ask the bailiff to arrest the prosecutor for impersonating a judicial officer, and that's a felony in Texas [01:58:38.880 --> 01:58:47.880] We are out of time. Thank you all for listening. We'll be back tomorrow night. 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