[00:00.000 --> 00:05.800]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.800 --> 00:09.480]  They guarantee the specific freedoms Americans should know and protect.
[00:09.480 --> 00:10.920]  Our liberty depends on it.
[00:10.920 --> 00:14.880]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.880 --> 00:16.920]  your First Amendment rights.
[00:16.920 --> 00:18.520]  Privacy is under attack.
[00:18.520 --> 00:22.120]  When you give up data about yourself, you'll never get it back again.
[00:22.120 --> 00:26.880]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.880 --> 00:31.880]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:31.880 --> 00:32.880]  Privacy.
[00:32.880 --> 00:34.640]  It's worth hanging on to.
[00:34.640 --> 00:38.920]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.920 --> 00:42.480]  engine alternative to Google, Yahoo, and Bing.
[00:42.480 --> 00:44.480]  Start over with Startpage.
[00:44.480 --> 00:45.480]  Spar.
[00:45.480 --> 00:47.760]  It's what fighters do.
[00:47.760 --> 00:50.720]  It's also how I remember the five guarantees of the First Amendment.
[00:50.720 --> 00:54.440]  If you plan to take away my rights, I'm going to spar with you.
[00:54.440 --> 01:01.560]  Spar with an extra P. S for speech, P for press, another P for petition, A for assembly,
[01:01.560 --> 01:02.560]  and R for religion.
[01:02.560 --> 01:07.040]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.040 --> 01:08.040]  assembly, and religion.
[01:08.040 --> 01:10.840]  But petition for redress is another matter.
[01:10.840 --> 01:14.560]  We have the right to petition the government for a redress of grievances.
[01:14.560 --> 01:18.080]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.080 --> 01:20.760]  the reasons without fear of being thrown into jail.
[01:20.760 --> 01:31.080]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31.080 --> 01:34.760]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.760 --> 01:38.200]  They guarantee the specific freedoms Americans should know and protect.
[01:38.200 --> 01:39.640]  Our liberty depends on it.
[01:39.640 --> 01:43.580]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.580 --> 01:46.720]  one of your constitutional rights.
[01:46.720 --> 01:48.320]  Privacy is under attack.
[01:48.320 --> 01:51.920]  When you give up data about yourself, you'll never get it back again.
[01:51.920 --> 01:56.680]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.680 --> 02:01.720]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.720 --> 02:04.440]  Privacy, it's worth hanging on to.
[02:04.440 --> 02:08.740]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.740 --> 02:12.280]  engine alternative to Google, Yahoo, and Bing.
[02:12.280 --> 02:15.880]  Start over with StartPage.
[02:15.880 --> 02:20.200]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.200 --> 02:22.280]  of Rights in a big old bear hug.
[02:22.280 --> 02:26.760]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.760 --> 02:30.520]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.520 --> 02:31.520]  Get it?
[02:31.520 --> 02:33.920]  Two arms, bear hug, bear arms?
[02:33.920 --> 02:37.520]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.520 --> 02:42.800]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:42.800 --> 02:47.360]  government, one more safeguard against the tyranny which now appears remote in America,
[02:47.360 --> 02:50.400]  but which historically has proved to always be possible.
[02:50.400 --> 02:52.400]  I'm Dr. Catherine Albrecht.
[02:52.400 --> 03:22.240]  More news and information at CatherineAlbrecht.com.
[03:23.240 --> 03:50.240]  Dr. Catherine Albrecht, Dr. Hubert Humphrey, Dr. Hubert Humphrey, Dr. Hubert Humphrey,
[03:50.240 --> 03:58.640]  Dr. Hubert Humphrey, Dr. Hubert Humphrey, Dr. Hubert Humphrey, Dr. Hubert Humphrey,
[03:58.640 --> 04:03.040]  all of the statements are irrelevant.
[04:03.040 --> 04:05.640]  you chuck it on your mother and you chuck it on your father
[04:05.640 --> 04:08.600]  you chuck it on your brother and you chuck it on your sister
[04:08.600 --> 04:11.080]  you chuck it on big one and you chuck it on me
[04:11.080 --> 04:14.100]  Bad boys, bad boys, what you gonna do?
[04:14.100 --> 04:16.420]  what you gonna do, when they come for you?
[04:16.420 --> 04:19.500]  Bad boys, bad boys, what you gonna do?
[04:19.500 --> 04:22.020]  what you gonna do, when they come for you?
[04:22.020 --> 04:24.920]  bad boys, bad boys, what you gonna do?
[04:24.920 --> 04:27.480]  what you gonna do, when they come for you?
[04:27.480 --> 04:30.260]  bad boys, bad boys, what you gonna do?
[04:30.260 --> 04:32.960]  Whatcha gonna do when they come for you
[04:32.960 --> 04:35.780]  Nuboddy nuh givin' no breaks
[04:35.780 --> 04:37.880]  Police nuh give in' no brakes
[04:37.880 --> 04:40.580]  That old soldier manh nuh givin' no break
[04:40.580 --> 04:43.220]  That reaper nuh eye you nuh givin' no breaks
[04:43.220 --> 04:43.820]  Hit him
[04:43.820 --> 04:45.360]  Bad boys, bad boys
[04:45.360 --> 04:46.800]  Whatcha gonna do
[04:46.800 --> 04:49.320]  Whatcha gonna do when they come for you
[04:49.320 --> 04:50.820]  Bad boys, bad boys
[04:50.820 --> 04:52.300]  Whatcha gonna do
[04:52.300 --> 04:54.700]  Whatcha gonna do when they come for you
[04:54.700 --> 04:56.400]  Bad boys, bad boys
[04:56.400 --> 04:57.700]  Whatcha gonna do
[04:57.700 --> 04:59.700]  What you gonna do when they come for you?
[04:59.700 --> 05:01.700]  Bad boys, bad boys
[05:01.700 --> 05:03.700]  What you gonna do?
[05:03.700 --> 05:27.700]  What you gonna do when they come for you?
[05:27.700 --> 05:30.700]  Why did you have to ask the moon?
[05:30.700 --> 05:33.700]  Don't you know you're a human being?
[05:33.700 --> 05:35.700]  Born of a mother with a lover, a father
[05:35.700 --> 05:38.700]  Reflection comes and reflection goes
[05:38.700 --> 05:41.700]  I know sometimes
[05:41.700 --> 05:43.700]  You wanna let go
[05:43.700 --> 05:44.700]  Hey, hey
[05:44.700 --> 05:48.700]  Howdy, howdy, Randy Kelton, Brett Fountain, Rule of Law Radio
[05:48.700 --> 05:50.700]  And we do have a problem
[05:50.700 --> 05:55.700]  Brett always, you know, I'm old and in my dough teaching
[05:55.700 --> 06:00.700]  Brett has to tell me the date and time and all that stuff
[06:00.700 --> 06:04.700]  And he just told me that it was the 24th of June
[06:04.700 --> 06:10.700]  He didn't tell me that it was 2022 or that it was Friday
[06:10.700 --> 06:12.700]  I'm sorry, I forgot that part
[06:12.700 --> 06:14.700]  Oh, okay
[06:14.700 --> 06:17.700]  Okay, Randy Kelton, Brett Fountain, Rule of Law Radio
[06:17.700 --> 06:25.700]  On this Friday, the 23rd of June, 24th of June
[06:25.700 --> 06:27.700]  Did you say 23rd?
[06:27.700 --> 06:28.700]  Yesterday I did
[06:28.700 --> 06:29.700]  Oops
[06:29.700 --> 06:34.700]  Okay, the 24th of June, 2022
[06:34.700 --> 06:37.700]  I will start by turning the phone lines on
[06:37.700 --> 06:38.700]  Yeah
[06:38.700 --> 06:42.700]  So if you have a question or comment, give us a call
[06:42.700 --> 06:47.700]  Our call-in number, 512-646-1984
[06:47.700 --> 06:49.700]  We'll be taking your calls all night
[06:49.700 --> 06:52.700]  We had a little call-in board issue last night
[06:52.700 --> 06:54.700]  But we got that all straightened out
[06:54.700 --> 06:57.700]  So we are ready to go
[06:57.700 --> 07:10.700]  And I was gonna talk tonight about a Zoom hearing that I had with the court
[07:10.700 --> 07:14.700]  A municipal court in Rome, Texas
[07:14.700 --> 07:27.700]  And one of the things I haven't figured out yet is where did they get authority to start doing Zoom hearings?
[07:27.700 --> 07:31.700]  You know, on the surface they say, well, that's no different than being in court
[07:31.700 --> 07:33.700]  Yeah, it is different being in court
[07:33.700 --> 07:36.700]  Because we were doing a Zoom hearing
[07:36.700 --> 07:37.700]  Yeah, it's very different
[07:37.700 --> 07:41.700]  And there was no bailiff
[07:41.700 --> 07:44.700]  And that was a problem
[07:44.700 --> 07:53.700]  Because had I been in court, I would have insisted that the bailiff arrest the clerk and the judge
[07:53.700 --> 07:58.700]  But I didn't have a bailiff available
[07:58.700 --> 08:07.700]  For another thing, you can't face your accuser, but you've also got the issue of being open to the public
[08:07.700 --> 08:14.700]  And it's very difficult for the public to know how to just watch what this court is doing
[08:14.700 --> 08:19.700]  I've got to go through all kinds of hoops to get links and have to have certain technology
[08:19.700 --> 08:22.700]  And you have to surrender your privacy in various ways
[08:22.700 --> 08:27.700]  And that's not part of what the people have a right to
[08:27.700 --> 08:29.700]  People have a right to see what these courts are doing
[08:29.700 --> 08:33.700]  You can't just go easily be a court watcher if you want to
[08:33.700 --> 08:37.700]  Yes, I want to see everything that's going on in the courtroom
[08:37.700 --> 08:38.700]  Yes
[08:38.700 --> 08:42.700]  I want to see if the prosecutor is signaling the judge
[08:42.700 --> 08:46.700]  If the judge is signaling or having some kind of...
[08:46.700 --> 08:52.700]  Yeah, winks and nods going on, passing each other notes, and no, that's not okay
[08:52.700 --> 08:58.700]  Or you want to be able to see when the prosecutor has a whole pile of people
[08:58.700 --> 09:04.700]  Like when I went to a municipal court and I was rattling off the code of criminal procedure says this
[09:04.700 --> 09:06.700]  The penal code says this
[09:06.700 --> 09:08.700]  The rules of civil procedure say this
[09:08.700 --> 09:10.700]  And I was quoting and they couldn't keep up
[09:10.700 --> 09:16.700]  And they have a pile of lawyers over there whispering to each other and flipping through books, trying to keep up
[09:16.700 --> 09:18.700]  I want to see that action
[09:18.700 --> 09:22.700]  I don't want it to all be hidden behind some screen that just...
[09:22.700 --> 09:23.700]  Yes
[09:23.700 --> 09:24.700]  I don't get to see any of that
[09:24.700 --> 09:27.700]  So that's one of the things I need to look at
[09:27.700 --> 09:32.700]  I've just got so many things to handle, I can't keep up with all of them
[09:32.700 --> 09:39.700]  But in this case, they issued a warrant for my arrest
[09:39.700 --> 09:41.700]  They claimed they were going to issue a warrant
[09:41.700 --> 09:48.700]  And then I got a letter from the Department of Public Safety saying that I failed to appear
[09:48.700 --> 09:52.700]  And that I couldn't renew my license because I failed to appear
[09:52.700 --> 09:57.700]  Well, I didn't fail to appear
[09:57.700 --> 10:03.700]  Now, I didn't appear the way the clerk expected me to appear
[10:03.700 --> 10:05.700]  Yeah, so what?
[10:05.700 --> 10:09.700]  I didn't step across the threshold of the court
[10:09.700 --> 10:15.700]  I went to the clerk and I gave her a photocopy of the citation
[10:15.700 --> 10:17.700]  I didn't give her the original when I kept that
[10:17.700 --> 10:22.700]  And I filed a challenge to subject matter jurisdiction
[10:22.700 --> 10:27.700]  And that went on a couple of months, nothing happened
[10:27.700 --> 10:35.700]  And then I find out that they've filed a notice to the Department of Public Safety that I failed to appear
[10:35.700 --> 10:38.700]  Well, is that a fact, Jack?
[10:38.700 --> 10:44.700]  So, I contacted the clerk and requested that she set my motion for hearing
[10:44.700 --> 10:46.700]  Or my petition for hearing
[10:46.700 --> 10:51.700]  I filed a petition, a challenge to subject matter, so that's a petition
[10:51.700 --> 10:54.700]  And she did
[10:54.700 --> 11:03.700]  And I have this copy of a notice to appear for a motion hearing
[11:03.700 --> 11:09.700]  Well, they got to me on the hearing, I was the last one, of course
[11:09.700 --> 11:14.700]  And the prosecutor starts out wanting to blah, blah, blah through me
[11:14.700 --> 11:20.700]  And I told him, stop, stop, stop, I don't talk to prosecuting attorneys
[11:20.700 --> 11:22.700]  Did you say prosecuting?
[11:22.700 --> 11:26.700]  Yeah, I didn't say persecuting, I generally say persecuting
[11:26.700 --> 11:29.700]  But I said prosecuting attorneys
[11:29.700 --> 11:33.700]  So she said, oh well, then we need to get the judge on
[11:33.700 --> 11:35.700]  And then they turned on the recorder
[11:35.700 --> 11:40.700]  They turned off the recording when the prosecutor was talking to people
[11:40.700 --> 11:42.700]  Yeah, it's not convenient
[11:42.700 --> 11:54.700]  Yes, so the judge gets on and he, the prosecutor first thing told him that Mr. Kelton said he doesn't talk to prosecuting attorneys
[11:54.700 --> 11:57.700]  Well, the judge already knew who I was
[11:57.700 --> 12:04.700]  He had had an encounter with me in Newark, Texas where I was helping someone else
[12:04.700 --> 12:12.700]  And the person I was helping kept asking me questions and he, the judge finally asked me who I was
[12:12.700 --> 12:19.700]  And I told him, what are you doing in my courtroom minding my own business?
[12:19.700 --> 12:24.700]  I told him I was tending to my business, not your business
[12:24.700 --> 12:30.700]  And something else he said and I finally told him to butt out and leave me be
[12:30.700 --> 12:35.700]  And he said that if I continued to disrupt the court, he'd have me removed
[12:35.700 --> 12:42.700]  So I walked straight over to the bailiff and asked the bailiff to arrest the judge
[12:42.700 --> 12:50.700]  The judge went on with his hearing and pretended like he couldn't hear what I was doing
[12:50.700 --> 12:52.700]  So he didn't bother you anymore, huh?
[12:52.700 --> 13:02.700]  And that's the case with Philip Pixler where we took them to the court of appeals and the court of appeals dismissed their claim
[13:02.700 --> 13:14.700]  We went with a petition for writ of mandamus and they approved and dismissed the claim to avoid a challenge to city ordinances
[13:14.700 --> 13:17.700]  So he knew exactly who I was
[13:17.700 --> 13:24.700]  So when the judge refused to hold a hearing, I told him that he asked me how I plead
[13:24.700 --> 13:26.700]  I'm not here to plead your honor
[13:26.700 --> 13:28.700]  I'm here for a motion hearing
[13:28.700 --> 13:32.700]  Well we're not going to have a motion hearing today, yes we are
[13:32.700 --> 13:38.700]  I've been summoned to a motion hearing and I have a motion before the court
[13:38.700 --> 13:42.700]  And the prosecutor has not responded to my motion before the court
[13:42.700 --> 13:50.700]  In three months it's been before the court so I moved this court for a default judgment
[13:50.700 --> 13:55.700]  Well, he said this is not a motion hearing
[13:55.700 --> 14:00.700]  In that case, I want you to arrest the clerk for tampering with the government document
[14:00.700 --> 14:09.700]  The clerk was on there and I could see her face and she just froze
[14:09.700 --> 14:19.700]  He said he wasn't going to arrest the clerk and he wasn't going to hold a hearing on my motion
[14:19.700 --> 14:25.700]  Well in that case, I want you to get a bailiff in and arrest you
[14:25.700 --> 14:29.700]  And I asked him to disqualify himself
[14:29.700 --> 14:32.700]  He said Mr. Carlton, do you want to disqualify or recuse?
[14:32.700 --> 14:34.700]  I want to disqualify
[14:34.700 --> 14:41.700]  You committed a criminal act and thereby vacated the office
[14:41.700 --> 14:51.700]  So you have no business sitting as a judge in this case since you committed a crime from the bench
[14:51.700 --> 14:55.700]  I didn't mention court warrant or removal
[14:55.700 --> 15:00.700]  But I did ask him to stand down
[15:00.700 --> 15:02.700]  From just the case, yeah
[15:02.700 --> 15:09.700]  I was trying to be as brief as possible because I didn't want to get into a big interchange with him
[15:09.700 --> 15:12.700]  And he refused to disqualify himself
[15:12.700 --> 15:17.700]  I said well in that case, Your Honor, we're done here
[15:17.700 --> 15:19.700]  I forgot how it got to that
[15:19.700 --> 15:23.700]  I said, Your Honor, when he refused to disqualify himself
[15:23.700 --> 15:29.700]  I said, well Your Honor, I had to ask, you had to refuse
[15:29.700 --> 15:31.700]  In that case, we're done here
[15:31.700 --> 15:33.700]  Thank you all, good day
[15:33.700 --> 15:35.700]  And I clicked off
[15:35.700 --> 15:40.700]  So, now I'll file criminal charges against the clerk
[15:40.700 --> 15:44.700]  Against the prosecuting attorney
[15:44.700 --> 15:48.700]  And I'll bar-grieve the prosecutor two or three times
[15:48.700 --> 15:50.700]  I had other stuff
[15:50.700 --> 15:56.700]  I had filed criminal charges against the officer who wrote the ticket
[15:56.700 --> 16:00.700]  I charged him with first degree felony aggravated assault
[16:00.700 --> 16:05.700]  And I filed it with the chief of police
[16:05.700 --> 16:08.700]  Instead of giving notice to some magistrate
[16:08.700 --> 16:14.700]  The chief of police sent my complaint to one of the two attorneys in the city
[16:14.700 --> 16:17.700]  I don't know which one
[16:17.700 --> 16:22.700]  I assume it was the prosecutor, but I don't know
[16:22.700 --> 16:26.700]  And so I called the city manager and wanted to know
[16:26.700 --> 16:33.700]  Which attorney the chief of police gave my criminal complaint to
[16:33.700 --> 16:38.700]  And she said she'd look into it and get back to me, but she didn't
[16:38.700 --> 16:43.700]  Well, that means I'm going to have to bar-grieve both of them
[16:43.700 --> 16:48.700]  And file criminally against both the lawyers
[16:48.700 --> 16:52.700]  And let guards sort it out, let him figure out which one's the bad guy
[16:52.700 --> 16:57.700]  Randy Kelston, Brett Fountain, Root of Law Radio, we'll be right back
[17:23.700 --> 17:25.700]  How to answer letters and phone calls
[17:25.700 --> 17:28.700]  How to get debt collectors out of your credit report
[17:28.700 --> 17:32.700]  How to turn the financial tables on them and make them pay you to go away
[17:32.700 --> 17:37.700]  The Michael Mears proven method is the solution for how to stop debt collectors
[17:37.700 --> 17:40.700]  Personal consultation is available as well
[17:40.700 --> 17:43.700]  For more information, please visit ruleoflawradio.com
[17:43.700 --> 17:45.700]  And click on the blue Michael Mears banner
[17:45.700 --> 17:48.700]  Or email michaelmears at yahoo.com
[17:48.700 --> 17:56.700]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-m at yahoo.com
[17:56.700 --> 17:59.700]  To learn how to stop debt collectors now
[17:59.700 --> 18:04.700]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar
[18:04.700 --> 18:06.700]  In today's America, we live in an us-against-them society
[18:06.700 --> 18:08.700]  And if we the people are ever going to have a free society
[18:08.700 --> 18:11.700]  Then we're going to have to stand and defend our own rights
[18:11.700 --> 18:14.700]  Among those rights are the right to travel freely from place to place
[18:14.700 --> 18:16.700]  The right to act in our own private capacity
[18:16.700 --> 18:18.700]  And most importantly, the right to due process of law
[18:18.700 --> 18:21.700]  Traffic courts afford us the least expensive opportunity
[18:21.700 --> 18:24.700]  To learn how to enforce and preserve our rights through due process
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[18:27.700 --> 18:30.700]  Has put together the most comprehensive teaching tool available
[18:30.700 --> 18:32.700]  That will help you understand what due process is
[18:32.700 --> 18:34.700]  And how to hold courts to the rule of law
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[18:36.700 --> 18:39.700]  By going to ruleoflawradio.com and ordering your copy today
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[18:41.700 --> 18:44.700]  The Texas Transportation Code, The Law Versus the Lie
[18:44.700 --> 18:46.700]  Video and audio of the original 2009 seminar
[18:46.700 --> 18:49.700]  Hundreds of research documents and other useful resource material
[18:49.700 --> 18:53.700]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com
[18:53.700 --> 19:15.700]  Order your copy today and together we can have the free society we all want and deserve
[19:23.700 --> 19:51.700]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio
[19:51.700 --> 19:56.700]  And I told that story because I want everybody to understand
[19:56.700 --> 20:01.700]  When we go into court, we are the masters of the servants
[20:01.700 --> 20:06.700]  And when you go, especially in traffic court, they do everything wrong
[20:06.700 --> 20:13.700]  And it is a great place to have some serious entertainment
[20:13.700 --> 20:17.700]  When I went on there, they had a whole bunch of people and the prosecutors
[20:17.700 --> 20:21.700]  Doing their little song and dance and they're all saying
[20:21.700 --> 20:24.700]  Oh, I didn't mean to do it and blah, blah, blah
[20:24.700 --> 20:27.700]  All that stuff they shouldn't be doing
[20:27.700 --> 20:31.700]  But they're very accustomed to people not having a clue
[20:31.700 --> 20:34.700]  Then they get someone that does have a clue
[20:34.700 --> 20:40.700]  And it becomes clearer who it is in the room that doesn't have a clue
[20:40.700 --> 20:44.700]  It's the prosecutor and the judge
[20:44.700 --> 20:47.700]  And it's good practice
[20:47.700 --> 20:52.700]  I'll bargrieve this lawyer two or three times
[20:52.700 --> 21:03.700]  I'll bargrieve her for not notifying the judge that the hearing was set for a motion hearing
[21:03.700 --> 21:07.700]  She was supposed to tell him, but she didn't
[21:07.700 --> 21:11.700]  So I'll bargrieve her for that
[21:11.700 --> 21:19.700]  Also, you've got a rule that says that when a lawyer is aware of judicial misconduct
[21:19.700 --> 21:24.700]  They've got to go report that judicial misconduct to the state
[21:24.700 --> 21:29.700]  So I need to send an information request to the prosecutor
[21:29.700 --> 21:36.700]  And ask for a copy of the notice she gave to the state of the judge's misconduct
[21:36.700 --> 21:39.700]  You're just going to prolong the pain
[21:39.700 --> 21:46.700]  And I have a whole stack of motions that I generally file in a case
[21:46.700 --> 21:48.700]  I didn't file all of them
[21:48.700 --> 21:50.700]  I just filed a subject matter jurisdiction
[21:50.700 --> 21:54.700]  I'll go ahead and print out the rest of them and file them
[21:54.700 --> 22:03.700]  And I will include the request for the notice she gave to the state commission on judicial
[22:03.700 --> 22:14.700]  The notice she gave to the judge of his improper action and her notice to the state commission on judicial conduct of his improper behavior
[22:14.700 --> 22:18.700]  She doesn't have a duty to say anything to the judge about it
[22:18.700 --> 22:20.700]  About his misconduct
[22:20.700 --> 22:25.700]  She should, but there's not a rule that says so
[22:25.700 --> 22:29.700]  Well, you know, there is a rule that says facilitating conduct
[22:29.700 --> 22:31.700]  So you could go with that
[22:31.700 --> 22:33.700]  You know, she stood there and said nothing
[22:33.700 --> 22:36.700]  That's kind of, you know, she's going along with it
[22:36.700 --> 22:37.700]  She's complicit
[22:37.700 --> 22:41.700]  Tweedle, Tweedle
[22:41.700 --> 22:49.700]  Silence is fraud when one has a duty to speak
[22:49.700 --> 22:53.700]  It's not exactly the way it says it, but that's essentially what it says
[22:53.700 --> 22:55.700]  If someone has a duty
[22:55.700 --> 22:58.700]  Do you remember how Tweedle is worded?
[22:58.700 --> 22:59.700]  No
[22:59.700 --> 23:01.700]  It's Tweedle v. U.S.
[23:01.700 --> 23:08.700]  And it goes to when one fails to speak when they have a duty to speak, that's equated as fraud
[23:08.700 --> 23:10.700]  I like it
[23:10.700 --> 23:19.700]  So in this case, according to the Bar Association standards, she had a duty to speak and she did not
[23:19.700 --> 23:22.700]  So I'll sting her for that
[23:22.700 --> 23:37.700]  I'll sting her for not giving notice to some magistrate of the felony charge I filed against this peace officer
[23:37.700 --> 23:39.700]  Even though I didn't file it with her
[23:39.700 --> 23:43.700]  I filed it with the chief of police
[23:43.700 --> 23:47.700]  But it should have ended up with her, so you have to assume that she didn't do her job
[23:47.700 --> 23:52.700]  The chief was supposed to give notice to some magistrate
[23:52.700 --> 23:57.700]  Just like she was supposed to give notice to some magistrate
[23:57.700 --> 24:05.700]  So the chief, because he gave her that complaint, he's going to get hammered
[24:05.700 --> 24:16.700]  And I suspect she'll thank the chief vigorously for throwing her under the bus
[24:16.700 --> 24:24.700]  Guys, if we're going to get this system straightened out, this is where we're going to do it
[24:24.700 --> 24:31.700]  I'm going to do everything I can to ensure that the city of Rome goes to great lengths
[24:31.700 --> 24:36.700]  To make sure they dot all the I's and cross all the T's
[24:36.700 --> 24:42.700]  Because you might run into somebody else like me, or someone who just knows me
[24:42.700 --> 24:51.700]  And as I produce these documents, I will write them so that they're in essentially a generic format
[24:51.700 --> 24:55.700]  And add them to my list of documents
[24:55.700 --> 24:58.700]  Okay, that's enough of that
[24:58.700 --> 25:02.700]  Now we're going to go to our callers
[25:02.700 --> 25:08.700]  The first time caller from last night, is she on?
[25:08.700 --> 25:12.700]  The 949 Area Code?
[25:12.700 --> 25:13.700]  Yeah, not on
[25:13.700 --> 25:17.700]  Okay, so we're going to go to John in Kansas
[25:17.700 --> 25:23.700]  The reason I ask that is once they put them in the database, it doesn't show up as a first time caller
[25:23.700 --> 25:27.700]  She called in last night and our phones were down before we could get to her
[25:27.700 --> 25:35.700]  Okay, John in Kansas, what do you have for us today?
[25:35.700 --> 25:37.700]  Hello, can you hear me?
[25:37.700 --> 25:39.700]  Okay, great
[25:39.700 --> 25:46.700]  I have a situation, I'm helping a friend, he's a man from Missouri
[25:46.700 --> 25:50.700]  He went into Kansas to do some shopping at a Salvation Army
[25:50.700 --> 25:57.700]  And this is back in January and the Salvation Army tried to kick him out for not wearing a mask
[25:57.700 --> 26:03.700]  And he left the Salvation Army to go get in his car
[26:03.700 --> 26:08.700]  And the police, they called 911 on him and the police arrested him
[26:08.700 --> 26:12.700]  He spent about 18 hours in jail
[26:12.700 --> 26:15.700]  What did the police arrest him for?
[26:15.700 --> 26:21.700]  Criminal trespass and disorderly conduct
[26:21.700 --> 26:26.700]  What was the nature of the disorderly conduct?
[26:26.700 --> 26:34.700]  When they told him he couldn't stay in the store, he pulled his phone out
[26:34.700 --> 26:40.700]  And started video recording and asked, why are you kicking me out?
[26:40.700 --> 26:48.700]  And the store employees and customers started, they got into like a verbal altercation
[26:48.700 --> 26:52.700]  But he has it all on video, it really is not that big of a deal
[26:52.700 --> 27:01.700]  But the disorderly conduct was basically saying he was harassing customers
[27:01.700 --> 27:04.700]  Okay, so this is the standard stuff
[27:04.700 --> 27:08.700]  You would have to read the Missouri statutes to see how they read
[27:08.700 --> 27:15.700]  But disorderly conduct as it reads in Texas, it lists things you have to do
[27:15.700 --> 27:26.700]  You have to fire a gun across a roadway, you have to display your genitals or anus
[27:26.700 --> 27:30.700]  It's really outrageous stuff you have to do
[27:30.700 --> 27:35.700]  Disagreeing with someone is not disorderly conduct
[27:35.700 --> 27:38.700]  But that goes to the merits
[27:38.700 --> 27:42.700]  Has he read the statutes?
[27:42.700 --> 27:50.700]  Yes, he's from Missouri but up in Kansas City where he shops is in Kansas
[27:50.700 --> 27:52.700]  So I'm from Kansas
[27:52.700 --> 27:55.700]  Oh okay, so he was on the Kansas side
[27:55.700 --> 27:58.700]  I can tell you about Kansas
[27:58.700 --> 28:07.700]  Kansas City, Kansas is my least favorite city in the United States
[28:07.700 --> 28:11.700]  It was just a miserable place
[28:11.700 --> 28:16.700]  A lot of holes in there, my avalanche would fall inside
[28:16.700 --> 28:26.700]  Part of that might have had something to do with you had a favorite person in your avalanche
[28:26.700 --> 28:28.700]  Oh that guy, yeah
[28:28.700 --> 28:33.700]  The guy I went to see there was, he had a little problem with hygiene
[28:33.700 --> 28:42.700]  But I've been to Kansas City four or five times and have always not liked Kansas City
[28:42.700 --> 28:45.700]  Anyway, that's just my personal opinion
[28:45.700 --> 28:51.700]  It seems to be grossly underfunded
[28:51.700 --> 28:56.700]  It's like the infrastructure was just completely falling apart there
[28:56.700 --> 28:59.700]  Anyway, I shouldn't have even said that, that's not nice
[28:59.700 --> 29:02.700]  There's probably some people who like Kansas City
[29:02.700 --> 29:09.700]  Okay, what is it you want us to help you with?
[29:09.700 --> 29:18.700]  Okay, so he absolutely, he doesn't meet the elements of Colonel Trespass or disorderly conduct whatsoever
[29:18.700 --> 29:21.700]  State, federal, he does it, he does it
[29:21.700 --> 29:25.700]  So I'm not asking if he did wrong or whatever else
[29:25.700 --> 29:32.700]  So he's from Missouri, he was going to file affidavits or whatever into this case
[29:32.700 --> 29:38.700]  It's actually the city of Mission, which is Kansas City
[29:38.700 --> 29:45.700]  And as he was at the post office, the post office kicked him out for not wearing a mask
[29:45.700 --> 29:50.700]  The police showed he left the post office and as he was leaving the post office
[29:50.700 --> 29:55.700]  The cops were there and he's got it all on video, they literally hacked him
[29:55.700 --> 29:59.700]  We're going to have to continue this on the other side
[29:59.700 --> 30:04.700]  It's clear cell phones have changed the way we live and work
[30:04.700 --> 30:06.700]  But have they negatively affected our health?
[30:06.700 --> 30:14.700]  I'm Dr. Catherine Albrecht and I'll be back in just a moment with new findings about how cell phones may actually alter our brain chemistry
[30:14.700 --> 30:16.700]  Privacy is under attack
[30:16.700 --> 30:20.700]  When you give up data about yourself, you'll never get it back again
[30:20.700 --> 30:24.700]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[30:24.700 --> 30:30.700]  So protect your rights, say no to surveillance and keep your information to yourself
[30:30.700 --> 30:32.700]  Privacy, it's worth hanging on to
[30:32.700 --> 30:36.700]  This public service announcement is brought to you by StartPage.com
[30:36.700 --> 30:40.700]  The private search engine alternative to Google, Yahoo and Bing
[30:40.700 --> 30:43.700]  Start over with StartPage
[30:43.700 --> 30:47.700]  Cell phones emit radio frequency energy, it's a fact
[30:47.700 --> 30:52.700]  But whether it's dangerous to have a phone beaming this kind of radiation near your head has been disputed
[30:52.700 --> 30:56.700]  Some have blamed it for brain tumors while cell phone companies have downplayed concerns
[30:56.700 --> 31:02.700]  Well, now the Journal of the American Medical Association is confirming that cell phones affect brain chemistry
[31:02.700 --> 31:11.700]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest to the cell phone antenna increases when the cell phone is on
[31:11.700 --> 31:16.700]  While researchers aren't sure whether this exposure causes damage, I'm not taking any chances
[31:16.700 --> 31:20.700]  I always keep the phone far from my body and I use a corded headset
[31:20.700 --> 31:42.700]  Look after Catherine Albrecht, more news and information at CatherineAlbrecht.com
[31:42.700 --> 31:52.700]  Although the official explanation is that fire brought down Building 7, over 1,200 architects and engineers have looked into the evidence and believe there is more to the story
[31:52.700 --> 31:55.700]  Bring justice to my son, my uncle, my nephew, my son
[31:55.700 --> 31:57.700]  Go to buildingwhat.org
[31:57.700 --> 32:01.700]  Why it fell, why it matters, and what you can do
[32:01.700 --> 32:06.700]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[32:06.700 --> 32:12.700]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk
[32:12.700 --> 32:17.700]  Where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15
[32:17.700 --> 32:24.700]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the Word of Truth
[32:24.700 --> 32:32.700]  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
[32:32.700 --> 32:39.700]  Our second hour topical studies will vary each week with discussions on sound doctrine and Christian character development
[32:39.700 --> 32:43.700]  We wish to reflect God's light and be a blessing to all those with a hearing ear
[32:43.700 --> 32:50.700]  Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus
[32:50.700 --> 33:03.700]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures
[33:03.700 --> 33:14.700]  You're listening to the Logos Radio Network at LogosRadioNetwork.com
[33:14.700 --> 33:24.700]  Yeah, I got a warrant and I'm gonna solve them to the help of government them, prosecute them
[33:24.700 --> 33:30.700]  Okay, who's that?
[33:30.700 --> 33:45.700]  I need a prosecutor to come and help me, prosecute them wicked leader
[33:45.700 --> 34:00.700]  Yeah, you see, the mama heard her a liar, them tell me, them a liar, not tell sweet stories, but I believe me, say what them tell me, 3% of America vote for Bush
[34:00.700 --> 34:02.700]  So how the hell you get the presidency? That's why me have a warrant for you
[34:02.700 --> 34:05.700]  Everybody listen carefully, it's into the Word of the Jewish Use Passage
[34:05.700 --> 34:11.700]  This is the rent from Mr. Bush
[34:11.700 --> 34:24.700]  Okay, we are back, Randy Kelton, Brett Fountain, Hugh Laurino, and we're a little late coming in because Brett and I were discussing the flammable nature of flatulence
[34:24.700 --> 34:27.700]  You know, like you do
[34:27.700 --> 34:30.700]  Okay, we're having too much fun on the breaks
[34:30.700 --> 34:54.700]  Okay, John in Kansas, first things first, have you read the codes that give jurisdiction? What constitutes criminal trespass in Kansas?
[34:54.700 --> 35:05.700]  Knowingly and intentionally remaining on a property when given notice not to do so
[35:05.700 --> 35:16.700]  So he was just, he was at a Salvation Army store, he just walked in to go shopping, so it's not like he was already, you know, given notice
[35:16.700 --> 35:22.700]  Wait, wait, when the police came, was he still in the store?
[35:22.700 --> 35:29.700]  No, he was egressing, he was leaving and the parking lot was going to get into his car
[35:29.700 --> 35:41.700]  So if he had left the location, then how did they claim failure to leave?
[35:41.700 --> 35:52.700]  So does the law in Kansas require that if someone orders you to leave, that you drop whatever you're doing and run as fast as you can to get out of the place?
[35:52.700 --> 36:07.700]  Absolutely not, absolutely not. So I've researched the case law, the appellate and Supreme Court case law, absolutely he cannot be convicted in a court of record of criminal trespass, it's impossible
[36:07.700 --> 36:12.700]  The jury instructions? Okay, that's not really what I'm looking for
[36:12.700 --> 36:24.700]  What I'm looking for is can someone claim criminal trespass when you voluntarily left the premises?
[36:24.700 --> 36:32.700]  No, I can't find anything in the case law that agrees with the actions that they took
[36:32.700 --> 36:41.700]  Then that's tampering with a government document and every state has that claim
[36:41.700 --> 36:55.700]  Yeah, it doesn't make any sense at all that if he's leaving on his own accord, that can't be trespass, the whole idea of trespass is they had notice and they refused to leave, that's the whole idea
[36:55.700 --> 37:02.700]  So if they left, that doesn't work, it's not a crime
[37:02.700 --> 37:07.700]  The individuals might not know that, but the police certainly know that
[37:07.700 --> 37:29.700]  So it can't be construed that they were not aware that the fact that when they got there he was leaving the premises, just because they said he didn't, the people in the place said he didn't, the police themselves had no personal knowledge
[37:29.700 --> 37:42.700]  What does Kansas law say about on-site arrest?
[37:42.700 --> 37:49.700]  When can you do an on-site, I'm sorry, when can you do an arrest without a warrant in Kansas?
[37:49.700 --> 38:00.700]  It's the same as anywhere else, they have to have an affidavit of probable cause and they have to reasonable
[38:00.700 --> 38:26.700]  Okay, hold on, hold on, that's not the same as everywhere else, everywhere else says they must personally see or hear, an affidavit of probable cause means nothing to them, that has to be filed with a magistrate and the magistrate then has standing to issue a warrant
[38:26.700 --> 38:31.700]  Then the officer can arrest for an offense he did not see
[38:31.700 --> 38:47.700]  The only time an officer can make an arrest without a warrant is in the case of a misdemeanor, is if he personally saw or heard the offense being committed
[38:47.700 --> 39:11.700]  Now he can arrest on a felony, that is if Kansas law is consistent with most other states, an officer can arrest on a felony based on a statement by a third party, but not a misdemeanor, they must personally see or hear
[39:11.700 --> 39:34.700]  So since the officer saw him in the parking lot in the process of leaving, if he stated that the person committed criminal trespass and arrested the person, that's false imprisonment, and that's a crime in every state
[39:34.700 --> 39:43.700]  File against the officers criminally and sue them personally, because they're acting outside of scope
[39:43.700 --> 39:58.700]  Yes, I 100% agree and I, that is the goal is to sue the police officers and possibly the municipality
[39:58.700 --> 40:02.700]  Post, are you familiar with post?
[40:02.700 --> 40:12.700]  Yes, yes, the only thing we haven't done so far is go after the police officers on complaints that we've done
[40:12.700 --> 40:28.700]  Bar grievances, judicial complaints, we've done motions to dismiss, subject matter, jurisdiction, the whole nine, everything's been denied, I mean he's getting on the railroad train for sure, but we have
[40:28.700 --> 40:38.700]  Okay, hold on, are you familiar with Wacker, Wacker v. Poker, Walker v. Packer, what is that Brad, am I getting that backwards?
[40:38.700 --> 40:40.700]  No, Walker v. Packer
[40:40.700 --> 40:56.700]  Walker v. Packer, now that's a Texas case, but if you type in Walker v. Packer and then Kansas, you're likely to come up with a case in Kansas that cites Walker v. Packer
[40:56.700 --> 41:10.700]  Walker v. Packer says that a judge has no discretion in properly applying law to the facts, a failure to do so is an abuse of discretion
[41:10.700 --> 41:17.700]  And it goes on to say that the only thing you can appeal is an abuse of discretion
[41:17.700 --> 41:30.700]  Well, I've read that and scratched my head, the only thing you can appeal is an abuse of discretion, the way I read the penal code, the state of Texas and most every other state I've looked at
[41:30.700 --> 41:44.700]  If a public official abuses his discretion and in the process denies a citizen full and free access to enjoyment of rights, well that's a crime of official misconduct
[41:44.700 --> 41:52.700]  In Texas it's called official oppression, but most states call it official misconduct, and that's a criminal act
[41:52.700 --> 41:56.700]  If you file criminally against a judge
[41:56.700 --> 42:17.700]  No, not right now, but we've done a judicial complaint, in Kansas it's official misconduct, and we also bar-grieved the judge, and we've bar-grieved the hell out of these guys, the prosecutors
[42:17.700 --> 42:36.700]  It's almost to the point today where how are these guys not backing off, and we've got two more months for trial, and my main question is, I know it's a municipal court, and it's just a municipal court, it's an administrative law and we need to get into the district
[42:36.700 --> 42:51.700]  But the lawsuit's already, I mean he's already in the case, so what I want to do is use the municipal trial for the appeal to get to the court, to the district court, and how do I use the municipal trial
[42:51.700 --> 43:06.700]  You can't get to the district court from a municipal, if it's similar to Texas, do you have county courts in Kansas?
[43:06.700 --> 43:07.700]  Yeah
[43:07.700 --> 43:26.700]  Okay, then you can't get to the district court, you go from the municipal court to the county court, from the county court to the court of appeals, reason being is the county court is presided over by learned counsel
[43:26.700 --> 43:44.700]  By someone who was an attorney before he was elected as a judge, the district court is also presided over by a learning counsel who was elected as a judge, technically the judges themselves are equal
[43:44.700 --> 43:54.700]  So none of the states allow a district judge to overrule a county judge, both of those go straight to the court of appeals
[43:54.700 --> 43:57.700]  Does that make sense?
[43:57.700 --> 44:25.700]  It sure does
[44:27.700 --> 44:39.700]  We have come to trust Jungevity so much, we became a marketing distributor along with Alex Jones, Ben Fuchs, and many others
[44:39.700 --> 44:46.700]  When you order from logosradionetwork.com, your health will improve as you help support quality radio
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[44:59.700 --> 45:16.700]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course that will show you how in 24 hours, step-by-step
[45:16.700 --> 45:22.700]  If you have a lawyer, know what your lawyer should be doing, if you don't have a lawyer, know what you should do for yourself
[45:22.700 --> 45:33.700]  Thousands have won with our step-by-step course, and now you can too. Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience
[45:33.700 --> 45:42.700]  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
[45:42.700 --> 45:52.700]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more
[45:52.700 --> 46:14.700]  Visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ
[46:23.700 --> 46:34.700]  Always, I must be careful what I'm wishing for When I'm hungry, I like to know just what I'm fishing for
[46:34.700 --> 46:44.700]  I ain't asking for much, I ain't trying to be no glutton I'm just here making my living pushing buttons
[46:44.700 --> 46:57.700]  I gave my message, I'll do it in one and shouting distance I hope for bravery and against slavery showing resistance
[46:57.700 --> 47:06.700]  First I'm crawling, then I'm walking, then I start strutting I'm just so glad to make my living pushing buttons
[47:06.700 --> 47:14.700]  Okay, we are back, Randy Kelton, Wet Fountain, Rule of Law Radio, and we're talking to John in Kansas
[47:14.700 --> 47:19.700]  John, what were you thinking? You jumped off the cliff
[47:19.700 --> 47:21.700]  I know, right, and it hurt
[47:21.700 --> 47:29.700]  You know my producer's back there and she's just waiting for an opportunity to blame me like it's my fault
[47:29.700 --> 47:32.700]  Just because I'm the host
[47:32.700 --> 47:36.700]  And just because you're the only one that's got a clock to look at
[47:36.700 --> 47:39.700]  I wasn't going to mention that part
[47:39.700 --> 47:42.700]  Okay, go ahead, John
[47:42.700 --> 47:54.700]  Okay, I may have misspoke, the code, the statutes in Kansas say in order to appeal from a municipal court is to the district
[47:54.700 --> 48:02.700]  Okay, then what are the courts, wait a minute, to the district you jump over the county?
[48:02.700 --> 48:04.700]  Yes
[48:04.700 --> 48:07.700]  Oh, that is wonderful
[48:07.700 --> 48:11.700]  Yes, I agree, it's a great thing
[48:11.700 --> 48:20.700]  So we're going to set, I want to set these guys up in this, we're going to witness, we're going to examine the witnesses the whole nine
[48:20.700 --> 48:29.700]  I mean my main point for this call is a strategy to use the municipal court trial for a lawsuit in the end to set them up
[48:29.700 --> 48:35.700]  I want to set them up for the appeal, but I also want to set them in, you know, collateral estoppel or judicial estoppel
[48:35.700 --> 48:40.700]  Where they can't change their, you know, they can't change their position
[48:40.700 --> 48:45.700]  These guys are doing, just like everybody else in the whole country, they're just railroading this guy
[48:45.700 --> 48:52.700]  But what they don't know is we're doing records requests, discovery, and they're barring all the discovery
[48:52.700 --> 48:55.700]  Like they're not allowing us any discovery
[48:55.700 --> 49:01.700]  In fact, this week they said, oh, if you want that, you need to, you know, submit a records request
[49:01.700 --> 49:07.700]  And I'm like, wait a minute, no, no, no, we're in a lawsuit here, right? Why don't we get discovery?
[49:07.700 --> 49:13.700]  And the prosecutor is basically saying, oh, you just need to do a records request
[49:13.700 --> 49:20.700]  But my question is how can I use the municipal court to set them up on the appeal?
[49:20.700 --> 49:23.700]  Okay, hold on, hold on, step back
[49:23.700 --> 49:30.700]  Are you requesting these records in discovery or is the litigant requesting them in discovery?
[49:30.700 --> 49:37.700]  He is, we did it pre, before they ever thought we were going to trial, we did it, this happened in January
[49:37.700 --> 49:46.700]  We have records requests that there's no affidavit probable cause, no verified complaint, no warrant, no proof of service
[49:46.700 --> 49:50.700]  All in records requests before they ever even thought they were going to go to trial
[49:50.700 --> 49:54.700]  They just expected him to turn over and just pay them the money
[49:54.700 --> 50:04.700]  Have you filed for a default judge for a file to dismiss for lack of a charging instrument?
[50:04.700 --> 50:08.700]  Yes, they denied everything
[50:08.700 --> 50:15.700]  That should get a petition for writ of mandamus
[50:15.700 --> 50:18.700]  Get some higher court looking at that
[50:18.700 --> 50:21.700]  You can have no charging instrument and pretend like there is one
[50:21.700 --> 50:25.700]  And that should go right to the district court
[50:25.700 --> 50:32.700]  A writ of mandamus or a habeas corpus
[50:32.700 --> 50:37.700]  You want to get to the appellate court
[50:37.700 --> 50:52.700]  We did that here in Texas and the appellate court, what you want to look at are issues that the court is not going to want to give you a ruling on
[50:52.700 --> 50:56.700]  Mostly we want constitutional issues
[50:56.700 --> 51:08.700]  In our case here in Texas, we claim that city ordinances did not apply to citizens that only applied to employees of the city
[51:08.700 --> 51:15.700]  And the court of appeals did not want that to get to the supreme
[51:15.700 --> 51:23.700]  Because if we got a positive ruling on that, it would nullify all of the ordinances in the whole state
[51:23.700 --> 51:37.700]  So you want to look for issues that if you get a positive ruling, it disrupts everything
[51:37.700 --> 51:42.700]  What issues do you have that would do that?
[51:42.700 --> 51:55.700]  The reason I'm saying this is while Brett and I are creatures of statute, we fully understand that at the end of the day, it's all politics
[51:55.700 --> 52:00.700]  So you use the statutes to get to the politics
[52:00.700 --> 52:10.700]  And the politics is they do not want a constitutional question getting to the supreme
[52:10.700 --> 52:14.700]  They'll do anything to keep that from happening
[52:14.700 --> 52:19.700]  Okay, go ahead, I'll shut up now
[52:19.700 --> 52:34.700]  Okay, so right now, looking at the statutes, in Kansas there's really not a lot listing appeals from the municipal
[52:34.700 --> 52:39.700]  It doesn't really say you can do declaratory judgments or anything like that
[52:39.700 --> 52:42.700]  Interoperatory appeals, there's nothing
[52:42.700 --> 52:47.700]  It's just basically like it doesn't exist even though if you're in the district court, you have access to everything
[52:47.700 --> 52:50.700]  I mean, obviously it's administrative law
[52:50.700 --> 52:51.700]  Okay, hold on, hold on
[52:51.700 --> 52:58.700]  Have you searched Kansas law for a declaratory judgment act?
[52:58.700 --> 53:03.700]  So far, every state I've looked at had one
[53:03.700 --> 53:13.700]  I haven't done that specifically, but I've looked in the case law, appellate and supreme, I can't find any cases at all that anybody did a declaratory judgment
[53:13.700 --> 53:21.700]  Okay, that doesn't necessarily mean anything because the declaratory judgment act is relatively recent
[53:21.700 --> 53:35.700]  And we have Tina Colbrooke, she's on NETS, and we talked to her, she's in California, and had her file a petition for declaratory judgment under the California Declaratory Judgment Act
[53:35.700 --> 53:40.700]  And I told her going in, these guys are not going to know what that is
[53:40.700 --> 53:50.700]  It's so new, they're not going to know what it is, so she filed it, and the first thing they did was petition to dismiss for failure to state a claim
[53:50.700 --> 53:56.700]  The reason for declaratory judgment is it doesn't have a claim
[53:56.700 --> 53:59.700]  But they didn't understand that
[53:59.700 --> 54:02.700]  I had that happen here in Fort Worth in the federal court
[54:02.700 --> 54:08.700]  The judge dismissed the petition for declaratory judgment for failure to state a claim on which recovery can be had
[54:08.700 --> 54:11.700]  He dismissed with prejudice
[54:11.700 --> 54:19.700]  But declaratory judgment doesn't have claims, it merely asks the court to rule on a point of law
[54:19.700 --> 54:26.700]  And it was put in to eliminate unnecessary litigation
[54:26.700 --> 54:32.700]  With declaratory judgment, you're going to the court and saying, I think I have a claim
[54:32.700 --> 54:47.700]  But whether or not I have a claim depends on how the courts intend to rule on this particular law in this fact set
[54:47.700 --> 55:01.700]  So before I file a full on civil action, I'm asking the court to give me a ruling on this fact set as it applies to this particular law
[55:01.700 --> 55:11.700]  If you rule against me, then I have no suit, and that will eliminate a lot of unnecessary prosecution
[55:11.700 --> 55:13.700]  So that's the purpose of it
[55:13.700 --> 55:26.700]  So I filed one, and the standard in most cases now, both state and federal, is to file a motion to dismiss a failure to state a claim on which recovery can be had
[55:26.700 --> 55:31.700]  But declaratory judgments do not have claims
[55:31.700 --> 55:36.700]  In a declaratory judgment, you merely ask for a ruling on a point of law
[55:36.700 --> 55:43.700]  You do not ask for it, nor do you allow any recovery on your part
[55:43.700 --> 55:56.700]  If the judge tries to grant you attorney fees, object vehemently, because that's the judge trying to screw you
[55:56.700 --> 56:06.700]  I've read cases where the judges did that, and then the declaratory judgment got thrown out because the judge granted you a claim
[56:06.700 --> 56:13.700]  There can be no claims in declaratory judgment suits, but the lawyers just don't get it
[56:13.700 --> 56:24.700]  I filed this in the federal court, and one of the largest law firms in the country, Lock Lord, their lawyer filed a Rule 12b6
[56:24.700 --> 56:29.700]  You can't file a Rule 12b6, that's a motion to dismiss a failure to state a claim
[56:29.700 --> 56:32.700]  You can't file that in a declaratory judgment suit
[56:32.700 --> 56:36.700]  Can you imagine how embarrassed they must be when you bring that to their attention?
[56:36.700 --> 56:38.700]  They're this big fancy law firm
[56:38.700 --> 56:45.700]  Everybody's got these super high dollar Italian suits, and they can't figure out that this doesn't have a claim
[56:45.700 --> 56:58.700]  And some chump pro se, when the judge dismissed my case with prejudice, I went straight to the special agent in charge of the FBI and filed criminal charges against the judge
[56:58.700 --> 57:03.700]  That was so much fun
[57:03.700 --> 57:11.700]  I've had three people file that same suit, that same action, and the judge did not dismiss a one of them
[57:11.700 --> 57:19.700]  Got his attention, so, look to declaratory judgment before you file the civil action
[57:19.700 --> 57:32.700]  You can get the rulings you need, so that when it comes to the civil action, and you say they did this thing, and this thing they did was improper
[57:32.700 --> 57:46.700]  According to this court, in this declaratory judgment action, the harm becomes res judicata, already been adjudicated
[57:46.700 --> 57:54.700]  You get the ruling you want in declaratory judgment, the civil case cannot revisit that issue
[57:54.700 --> 58:01.700]  It's wrongful as a matter of law because the courts have already ruled this a matter of law
[58:01.700 --> 58:10.700]  So, look for the things they're doing that are clearly in violation of statute
[58:10.700 --> 58:16.700]  And take those things and file a declaratory judgment suit
[58:16.700 --> 58:27.700]  Get your ruling in your favor, and you want an issue where if the court rules against you, it undermines the body of law
[58:27.700 --> 58:34.700]  Because if the appellate court rules against you, anyone in the state can use that as law
[58:34.700 --> 58:37.700]  So that gets real serious
[58:37.700 --> 58:42.700]  Man, John, you didn't tell me I'm about to fall off the cliff
[58:42.700 --> 58:45.700]  Nobody's protected me here
[58:45.700 --> 58:58.700]  We'll be right back
[59:15.700 --> 59:22.700]  We'll be right back
[59:45.700 --> 59:49.700]  This is online at bfa.org
[59:49.700 --> 01:00:01.700]  Live, free speech radio, logosradionetwork.com
[01:00:01.700 --> 01:00:05.700]  The Bill of Rights contains the first ten amendments of our Constitution
[01:00:05.700 --> 01:00:08.700]  They guarantee the specific freedoms Americans should know and protect
[01:00:08.700 --> 01:00:10.700]  Our liberty depends on it
[01:00:10.700 --> 01:00:16.700]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights
[01:00:16.700 --> 01:00:18.700]  Privacy is under attack
[01:00:18.700 --> 01:00:22.700]  When you give up data about yourself, you'll never get it back again
[01:00:22.700 --> 01:00:26.700]  And once your privacy is gone, you'll find your freedoms will start to vanish, too
[01:00:26.700 --> 01:00:32.700]  So protect your rights, say no to surveillance, and keep your information to yourself
[01:00:32.700 --> 01:00:34.700]  Privacy, it's worth hanging on to
[01:00:34.700 --> 01:00:38.700]  This public service announcement is brought to you by StartPage.com
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[01:00:45.700 --> 01:00:48.700]  Imagine your mom and dad are getting ready for bed
[01:00:48.700 --> 01:00:51.700]  They pull back the covers and find a third party there
[01:00:51.700 --> 01:00:54.700]  He announces, I'm with the military and I'm sleeping here tonight
[01:00:54.700 --> 01:01:00.700]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent
[01:01:00.700 --> 01:01:06.700]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers
[01:01:06.700 --> 01:01:09.700]  Third party, Third Amendment? Get it?
[01:01:09.700 --> 01:01:17.700]  So if you answer a knock at your door and guys in fatigues demand lodging, tell them to dust off their copy of the Bill of Rights and re-read the Third Amendment
[01:01:17.700 --> 01:01:21.700]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com
[01:01:31.700 --> 01:01:35.700]  The Bill of Rights contains the first ten amendments of our Constitution
[01:01:35.700 --> 01:01:38.700]  They guarantee the specific freedoms Americans should know and protect
[01:01:38.700 --> 01:01:40.700]  Our liberty depends on it
[01:01:40.700 --> 01:01:46.700]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights
[01:01:46.700 --> 01:01:48.700]  Privacy is under attack
[01:01:48.700 --> 01:01:52.700]  When you give up data about yourself, you'll never get it back again
[01:01:52.700 --> 01:01:56.700]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:01:56.700 --> 01:02:02.700]  So protect your rights, say no to surveillance, and keep your information to yourself
[01:02:02.700 --> 01:02:04.700]  Privacy, it's worth hanging on to
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[01:02:15.700 --> 01:02:21.700]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles
[01:02:21.700 --> 01:02:27.700]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure
[01:02:27.700 --> 01:02:30.700]  Fourth Amendment? Four eyes staring at you? Get it?
[01:02:30.700 --> 01:02:34.700]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security
[01:02:34.700 --> 01:02:39.700]  Case in point, TSA airport scanners that peer under your clothing
[01:02:39.700 --> 01:02:46.700]  When government employees demand a peep at your privates without probable cause, I say it's time to sound the Constitutional alarm bells
[01:02:46.700 --> 01:02:53.700]  Join me in asking our representatives to dust off the Bill of Rights and use their googly eyes to take a gander at the Fourth
[01:02:53.700 --> 01:03:00.700]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com
[01:03:23.700 --> 01:03:39.700]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, Rue La Radio
[01:03:39.700 --> 01:03:44.700]  And we had a listener call in and tell us that he lost our feed
[01:03:44.700 --> 01:03:50.700]  Brett's checking if anybody would... Oh, wait a minute, I was going to ask you
[01:03:50.700 --> 01:03:58.700]  Anybody out there knows that we lost our feed to call us, but I guess if we lost our...
[01:03:58.700 --> 01:04:01.700]  If you can't hear us, raise your hand
[01:04:01.700 --> 01:04:08.700]  Yeah, exactly. Okay, go ahead, John
[01:04:08.700 --> 01:04:14.700]  Okay, I can, yeah, we can do a declaratory judgment
[01:04:14.700 --> 01:04:24.700]  When we got this trial coming up, is there anything that we can do in a trial to help with the appeal as far as getting testimony from the witnesses, the cops, and everything else?
[01:04:24.700 --> 01:04:29.700]  You can ask for depositions
[01:04:29.700 --> 01:04:30.700]  Right, well...
[01:04:30.700 --> 01:04:39.700]  They generally deny it in Class C misdemeanor, but that's an appealable issue
[01:04:39.700 --> 01:04:44.700]  What about, I mean, as far as discovery goes, you know, they're not...
[01:04:44.700 --> 01:04:51.700]  We actually asked for discovery that said you guys have everything that you need because we did so many records requests
[01:04:51.700 --> 01:04:59.700]  We got all the body cams and everything else, but then, you know, do we not get to do admissions or interrogatories or anything like that?
[01:04:59.700 --> 01:05:20.700]  No, no, you do not get to do that as a rule. I'm not specifically familiar with Kansas, but as a rule, you cannot ask for admissions and interrogatories and such in a criminal case. That's only for simple
[01:05:20.700 --> 01:05:22.700]  Would you do depositions?
[01:05:22.700 --> 01:05:48.700]  You can ask for depositions. You can depose witnesses. Because in criminal, a surprise is not allowed. You can request from the prosecutor the issues they will bring to the court from their witnesses. In order to secure all that information, you can ask to do a deposition
[01:05:48.700 --> 01:05:52.700]  Okay, well...
[01:05:52.700 --> 01:06:10.700]  In criminal, now in civil you can have surprise. You can sneak up on the other side, but in criminal you cannot. So the prosecutor cannot bring in anything to the court that he has not disclosed to you
[01:06:10.700 --> 01:06:19.700]  Okay, so right now, as it stands, and this is something I guess, we don't have a formal complaint. All we have is information. So the only thing I'm...
[01:06:19.700 --> 01:06:40.700]  Okay, okay, that's okay. Let me explain what an information is. Complaints are intended to be filed by ordinary people, non-lawyers. So the requisites of a complaint are relatively slack.
[01:06:40.700 --> 01:06:59.700]  They're not...they don't have a...there's not real specific language in such that must be in a complaint. So when a prosecutor gets a complaint, he is to rewrite the complaint in proper form.
[01:06:59.700 --> 01:07:06.700]  And when he rewrites the complaint in proper form, that's called an information.
[01:07:06.700 --> 01:07:25.700]  So if anybody wants to know how to prepare a complaint, go look at some criminal cases and pull out the information. And then write your complaint exactly like the information is written, and instead of information you put complaint on the top.
[01:07:25.700 --> 01:07:29.700]  Then you'll have a complaint in proper form. Does that make sense, John?
[01:07:29.700 --> 01:07:39.700]  It absolutely makes sense, but we don't have that. All we have is an arrest record. There is no formal complaint. There's no formal information.
[01:07:39.700 --> 01:07:50.700]  So Kansas City specifically says that there needs to be a formal complaint by the prosecutor. Now, if they don't, then we can request a bill of particulars.
[01:07:50.700 --> 01:07:59.700]  The only reason why I haven't done that yet is because I've kind of been waiting to see if they'll file a formal complaint.
[01:07:59.700 --> 01:08:07.700]  That begs the question, why would you ask for a bill of particulars if there is no formal pleading?
[01:08:07.700 --> 01:08:21.700]  And where the formal pleading is a jurisdictional requirement, if you ask for a bill of particulars, that will give them opportunity to bypass that deficiency.
[01:08:21.700 --> 01:08:36.700]  Yeah, it's almost like you're skipping that major issue to pick on something that is not a problem yet because they haven't filed sufficient pleadings that you could say is vague and need the bill of particulars. It's just missing.
[01:08:36.700 --> 01:08:48.700]  Yeah, you have a right to dismissal if they haven't provided a proper charging instrument. Don't give, you know, have a rule, never give fair warning.
[01:08:48.700 --> 01:08:55.700]  Yes, I've specifically been waiting. I've been telling this guy for a couple of weeks now, he's like, what's the next step?
[01:08:55.700 --> 01:09:02.700]  Well, bill of particulars, I said, but if we give them the bill, if we request the bill of particulars, then we give them the jurisdiction.
[01:09:02.700 --> 01:09:21.700]  And I said the Supreme Court of Kansas specifically states if there's no formal complaint and there's no bill, if they're already too close for the bill of particulars, it is a negative effect on the defense because there's nothing, like there's no clear concise statement of any wrongdoing whatsoever.
[01:09:21.700 --> 01:09:33.700]  That is why, that's one of my questions for you guys is like, I purposely didn't, I don't want to request the bill of particulars because if we go to trial with no bill of particulars and no complaint, they're screwed.
[01:09:33.700 --> 01:09:39.700]  And on appeal, we win easily and I want to use that trial for a lawsuit.
[01:09:39.700 --> 01:09:40.700]  Yeah.
[01:09:40.700 --> 01:09:45.700]  You got it. You know why we do this show.
[01:09:45.700 --> 01:09:50.700]  You understand that it's all political.
[01:09:50.700 --> 01:10:00.700]  Yes. Do not give fair warning. That's one of our rules. Never give fair warning that a bill of particulars would be fair warning.
[01:10:00.700 --> 01:10:06.700]  If somebody screws up, don't give them an opportunity to fix it.
[01:10:06.700 --> 01:10:07.700]  Right.
[01:10:07.700 --> 01:10:31.700]  Also, the judge, so there's no formal complaint. In Kansas, there's a municipal code that says if there's no formal complaint, if the judge receives information from the city prosecutor about a charge and the judge tells the prosecutor to initiate proceeding, then that judge cannot sit at trial.
[01:10:31.700 --> 01:10:40.700]  So obviously, this is a city admission. It's Kansas City, but it's a small municipal court.
[01:10:40.700 --> 01:10:48.700]  I think this same judge is going to be at trial. If he does that, he breaks it. That's another criminal code that he breaks.
[01:10:48.700 --> 01:10:59.700]  So I'm trying to set these guys up by not complaining about everything and then an appeal pointing out all their errors.
[01:10:59.700 --> 01:11:11.700]  This is exactly the mindset that we're hoping to generate in people dealing with these courts. Are you familiar with Jurisdictionary?
[01:11:11.700 --> 01:11:14.700]  Oh, absolutely. I've taken it.
[01:11:14.700 --> 01:11:27.700]  Okay. Then you get it. Dr. Graves says your only purpose in the trial court is to set the record for appeal.
[01:11:27.700 --> 01:11:28.700]  Yes.
[01:11:28.700 --> 01:11:43.700]  So anytime you consider filing a motion or a pleading, step back and think, how will that affect my ability to appeal?
[01:11:43.700 --> 01:12:02.700]  A bill of particulars, if they say things you don't want to hear, that's going to interfere with your appeal. And if they don't say everything they must say at trial, they cannot say that when you appeal.
[01:12:02.700 --> 01:12:20.700]  Once the prosecution says that it is finished with the prosecution, they can't put in anything else unless you open the door for it.
[01:12:20.700 --> 01:12:35.700]  So be careful of the doors you open. I was in court once and the prosecutor in the opposing counsel is asking me about an agreement I had with someone 15 years before and that guy was dead.
[01:12:35.700 --> 01:12:40.700]  And he asked me what the nature of the agreement was and I told him what it was.
[01:12:40.700 --> 01:12:56.700]  And he asked me, this was a private conversation, and he asked me what went on and I told him. And he said, well, Mr. Kelton, this happened 12 years before. Are you sure this is accurate?
[01:12:56.700 --> 01:13:05.700]  Oh, yeah, this is absolutely accurate. Well, Mr. Kelton, you must have a perfect memory. Oh, no, no, no. I have a horrible memory.
[01:13:05.700 --> 01:13:19.700]  And when I said that, the judge ducked his head and put his head in his hand. He's trying to signal the lawyer, shut up. Don't go any further because the judge knew exactly what I was doing.
[01:13:19.700 --> 01:13:32.700]  He knew where it was going. He's like, don't you see this? Can't you tell? Duh! But the lawyer was on a roll. I'm quoting exactly what happened 12 years ago.
[01:13:32.700 --> 01:13:37.700]  He's just too full of himself. They can't quite see straight.
[01:13:37.700 --> 01:13:48.700]  Well, Mr. Kelton, if you have a horrible memory, how do you know this is actually what was said? Oh, I took it from the transcript. The transcript? Objection! Objection!
[01:13:48.700 --> 01:14:04.700]  No, counselor, you opened the door. Mr. Kelton gets to walk through it. This is how you do recordings. You make the recording and then you convert it into a transcript.
[01:14:04.700 --> 01:14:27.700]  And you file that as a statement of facts. Generally, in most states, you can't enter the recording directly. But if the other side challenges the veracity of your statement, then you can claim that the statement is a transcript of a recording.
[01:14:27.700 --> 01:14:47.700]  And that's what's called foundation. Now you can enter the recording to show that the statement is accurate. It accurately represents the recording, so you get to bring the recording in.
[01:14:47.700 --> 01:15:15.700]  That was so much fun. Okay, everything has to have foundation. And it's a good point that everybody needs to understand. If your friend files a bill of particulars, he will create foundation for the other side to enter the evidence they didn't enter when they had the opportunity.
[01:15:15.700 --> 01:15:26.700]  So explain that to your guy. They can't bring it in unless you open the door. Does that make sense?
[01:15:26.700 --> 01:15:47.700]  Yes, sir. It absolutely does. So on that point, what I want to do, I'm trying to find out right now if the municipal court for trial is going to have a court reporter. And so what we want to do is get the witnesses on the stand, get the information from them and basically prove that they don't know what the hell they're talking about.
[01:15:47.700 --> 01:15:58.700]  And they'll say, hey, these people, even the cops, they don't know what the elements of trespass is. They don't know what the elements of misconduct are.
[01:15:58.700 --> 01:16:04.700]  Okay, just a word of caution. Don't ask them if they know what that is.
[01:16:04.700 --> 01:16:21.700]  Yes, sir. Yes, absolutely not. I'm not going to ask them, but I'm going to ask them questions and say, you know, why did you do this? And I already know they're never going to reach the elements of trespass because they don't know it. If they knew it, they would never have been arrested.
[01:16:21.700 --> 01:16:43.700]  So when they get to court, once the prosecution has finished with the prosecution, then you move for a directed verdict. This element's not present, this element's not present, this element's not present. It's too late for them to fix it.
[01:16:43.700 --> 01:16:59.700]  Okay. Okay. Okay. I have one, just one last word. Wait, wait, wait, wait, wait. And I'll be done. Wait a minute, you're trying to push me off the cliff. Hang on. You're doing it on purpose, Randy. Yeah, I know. Randy killed Brett Brown and we'll be right back.
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[01:18:50.700 --> 01:18:56.700]  Wow. Giving without doing anything or spending any money. This is perfect. Thank you so much.
[01:18:56.700 --> 01:18:57.700]  We are welcome.
[01:18:57.700 --> 01:19:26.700]  Happy holidays, Logos.
[01:19:26.700 --> 01:19:51.700]  Okay, we are back. Randy Kelton, Brett Fountain, Rue La Radio. And on this Friday, the 24th day of June, 2022, and we're talking to John in Kansas.
[01:19:51.700 --> 01:20:06.700]  Okay, John. You didn't succeed in pushing me off the cliff. Ha, ha, ha. I'm a guy. Guys never take responsibility. Anyway, okay.
[01:20:06.700 --> 01:20:09.700]  I know how to set up an ambush.
[01:20:09.700 --> 01:20:10.700]  Okay.
[01:20:10.700 --> 01:20:38.700]  It sounds like you have your guys set up pretty well. And you're saying all of the things that I would want to hear you say. And while I'm going in a lot of detail that I'm sure you already know, but I'm really talking to everybody else and using you as an excuse to explain these things in a little more detail, and I appreciate the opportunity.
[01:20:38.700 --> 01:20:40.700]  Okay, go ahead.
[01:20:40.700 --> 01:21:00.700]  Just one last question. He has both of these encounters with the police. They're both on video showing himself leaving the premises. How can I get that into a municipal court record to go to appeal? Or can I just submit it on appeal?
[01:21:00.700 --> 01:21:11.700]  Wouldn't that just be an affidavit? Just state some facts. And you say, I've undersigned from personal first-hand experience, state that this is what happened. And then...
[01:21:11.700 --> 01:21:13.700]  In a motion to dismiss.
[01:21:13.700 --> 01:21:32.700]  Yeah, and do it with the language of the offense. Look at the statute and use that language as you're wording the affidavit. Look at at least one of the elements of the essential elements of that offense and use that exact language, copy and paste, to say this is...
[01:21:32.700 --> 01:21:55.700]  When you're saying what happened and what didn't happen, use that language. And this is evidence known to the officers at the time that you were leaving the premises, so that their assertion that you committed criminal trespass is incorrect because you were leaving when they got there.
[01:21:55.700 --> 01:22:18.700]  So obviously you did not stay on the property when you ordered to leave. What is not in law is that if somebody says that you have to leave the property, there's nothing that says that you have to drop everything you're doing and run for the exit.
[01:22:18.700 --> 01:22:37.700]  You can object. But the fact that you were leaving was known to the officers. And that gives you an opportunity to introduce the officer's video showing that you were in fact leaving the property. That'll allow you to get it in.
[01:22:37.700 --> 01:22:59.700]  Foundation. Why is this evidence relevant? This evidence is relevant because I was obviously voluntarily leaving, therefore all of the elements don't exist. Does that make sense?
[01:22:59.700 --> 01:23:25.700]  Yes it does. And just in closing, so you can get to the other guy, we've submitted multiple affidavits and it's the first time that I ever saw the city attorney actually replied. But I don't think he understood what he did. He didn't list anything in the...he replied to an affidavit, but then he didn't mention any elements in the affidavit he replied to. It was literally...
[01:23:25.700 --> 01:23:34.700]  It made no sense. I suspect that he got tired of being bar-grieved.
[01:23:34.700 --> 01:24:03.700]  He literally...the first piece of document he put onto the record was a motion to...I can't remember what it was...to compel him to quit entering documents into the record. That was the city attorney's first document into the record was to motion the court to tell this defendant to quit putting documents into the record.
[01:24:03.700 --> 01:24:09.700]  How are we supposed to trample this guy if he keeps showing us the errors of our ways?
[01:24:09.700 --> 01:24:13.700]  That is an interesting act.
[01:24:13.700 --> 01:24:33.700]  I've never seen it. It's crazy. I've never even heard of it. A motion to limit...it was a weird motion. I have to go look it up. I just thought of it. But yeah, it was a motion basically in the wording was to compel the defendant to quit entering documents into the record.
[01:24:33.700 --> 01:24:37.700]  Wow! Have you entered a motion in limiting?
[01:24:37.700 --> 01:24:39.700]  No. No.
[01:24:39.700 --> 01:24:47.700]  Well, send me an email after you get off and ask me for my traffic documents.
[01:24:47.700 --> 01:24:48.700]  I did.
[01:24:48.700 --> 01:25:03.700]  I have...now some of the documents that I'll send you, they're all in a zipped file, are specific to Texas. But most of them are general. A discovery motion, a motion in limiting. You know what that is?
[01:25:03.700 --> 01:25:05.700]  Yeah.
[01:25:05.700 --> 01:25:21.700]  This is a 20 page motion in limiting. For all of those who don't know what that is, a motion in limiting is a motion that lists all the questions you want the judge to forbid the lawyer to ask.
[01:25:21.700 --> 01:25:27.700]  Do you have in a speedy trial motion?
[01:25:27.700 --> 01:25:28.700]  No.
[01:25:28.700 --> 01:25:35.700]  A mother Hubbard motion? No, I don't know. A mother Hubbard motion. A motion for an examining trial.
[01:25:35.700 --> 01:25:58.700]  A motion for...I've got all this stuff that would be relevant to any criminal prosecution. It's about 150 pages. But these are standard motions. Nobody does it in traffic because it's too much trouble.
[01:25:58.700 --> 01:26:13.700]  But mine, if you know how to do a mail merge, they all have...they're set up for mail merge. So you can merge them all together.
[01:26:13.700 --> 01:26:28.700]  You just put in, you build a mail merge, the information sheet that has name, address, all this stuff, and then you merge it to the document and it populates all the documents and you just file them.
[01:26:28.700 --> 01:26:40.700]  I had a website set up to do that, but I'm having problems with my servers and I don't have it up at the moment. But you could just put in your ticket information, it'd spit out 150 pages of documents.
[01:26:40.700 --> 01:26:54.700]  You go file it. They're going to answer every one of them. These are standard motions and pleadings that should be filed in every single criminal case.
[01:26:54.700 --> 01:27:04.700]  They don't do this in traffic because the lawyer in a traffic case only gets about 50 bucks. So it's not economically feasible.
[01:27:04.700 --> 01:27:14.700]  Well, you're not a lawyer. So send me an email. I'll send all these to you. I didn't pick the ones you want to file.
[01:27:14.700 --> 01:27:20.700]  Sounds great. I actually requested that from you today, Randy, and I appreciate you sending that to me.
[01:27:20.700 --> 01:27:22.700]  Oh, okay. Then you have it. Okay, good.
[01:27:22.700 --> 01:27:32.700]  I just got it this morning, actually. So that's all my questions. That helped me out and I really appreciate it. All your help, you guys' help on Telegram and everything. So thank you.
[01:27:32.700 --> 01:27:44.700]  Okay. Very good. Thank you, John. John, you're the reason we do the show, is to cultivate guys like you who kick their behinds.
[01:27:44.700 --> 01:27:48.700]  They're in trouble. They're coming. They don't know it.
[01:27:48.700 --> 01:27:59.700]  Good. Wonderful. Thank you, John. Okay. Now we're going to go to Tina in California. Hello, Tina. What do you have for us today?
[01:27:59.700 --> 01:28:06.700]  Well, I was just going to mention that I had my hearing for the motion for reconsideration.
[01:28:06.700 --> 01:28:13.700]  Okay. Hold on, Tina. Can you back the mic away from your mouth a little? You're overmodulating the mic.
[01:28:13.700 --> 01:28:16.700]  Okay. Is this a little bit better?
[01:28:16.700 --> 01:28:19.700]  A little bit. Go ahead.
[01:28:19.700 --> 01:28:29.700]  Okay. Well, I had my hearing for the motion for reconsideration, which the judge had denied in the tentative.
[01:28:29.700 --> 01:28:43.700]  And I read everything out. The attorney for the other side, Stoneface, the judge refused to answer the three questions I asked her.
[01:28:43.700 --> 01:28:52.700]  And just said, keep, you know, saying what you're going to say. And I said, well, I'm asking a question. And she would not answer.
[01:28:52.700 --> 01:29:00.700]  And the questions I asked her was, do you expect me and others to follow the law? Yes or no answer.
[01:29:00.700 --> 01:29:08.700]  Do you expect public officials and others in authority to adhere to the oath of office that they forfeit? Yes or no?
[01:29:08.700 --> 01:29:21.700]  And she refused to answer. I asked her, we stated that the judge coach, you have the ability to right all these wrongs that I spoke about today.
[01:29:21.700 --> 01:29:30.700]  The question is, will you? Can you please explain what provisions of the Constitution you claim that empowers you to deny me due process?
[01:29:30.700 --> 01:29:33.700]  She wouldn't answer.
[01:29:33.700 --> 01:29:38.700]  Oh, we're running off the cliff.
[01:29:38.700 --> 01:29:41.700]  We got 20 seconds.
[01:29:41.700 --> 01:29:43.700]  We got 20 seconds? Okay.
[01:29:43.700 --> 01:29:45.700]  You have another chance to push him off.
[01:29:45.700 --> 01:29:47.700]  Yeah, but that's not enough time to do anything.
[01:29:47.700 --> 01:29:55.700]  Okay. I'll just say some words to fill in this space until we get to the end of the segment.
[01:29:55.700 --> 01:29:56.700]  That's what it's all about.
[01:29:56.700 --> 01:29:58.700]  Tell us about your lawsuit.
[01:29:58.700 --> 01:30:01.700]  No!
[01:30:01.700 --> 01:30:05.700]  Sorry, soft drink lovers, even diet drinks can make you fat.
[01:30:05.700 --> 01:30:10.700]  A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff.
[01:30:10.700 --> 01:30:16.700]  I'm Dr. Tanford Albrecht, and I'll be back in a moment with a scoop on supposedly skinny sodas.
[01:30:16.700 --> 01:30:18.700]  Privacy is under attack.
[01:30:18.700 --> 01:30:21.700]  When you give up data about yourself, you'll never get it back again.
[01:30:21.700 --> 01:30:26.700]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.700 --> 01:30:31.700]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.700 --> 01:30:34.700]  Privacy, it's worth hanging onto.
[01:30:34.700 --> 01:30:37.700]  This public service announcement is brought to you by StartPage.com,
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[01:30:41.700 --> 01:30:45.700]  Start over with StartPage.
[01:30:45.700 --> 01:30:50.700]  Artificial sweeteners cut the calories and help you lose weight, right? Wrong.
[01:30:50.700 --> 01:30:55.700]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:55.700 --> 01:31:02.700]  They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:31:02.700 --> 01:31:05.700]  The study's authors say artificial sweeteners trigger the appetite,
[01:31:05.700 --> 01:31:09.700]  but unlike regular sugars, don't deliver anything to squelch it.
[01:31:09.700 --> 01:31:15.700]  Waking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake.
[01:31:15.700 --> 01:31:18.700]  So use natural sweeteners to maintain a healthy weight,
[01:31:18.700 --> 01:31:23.700]  and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead.
[01:31:23.700 --> 01:31:29.700]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.700 --> 01:31:35.700]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.700 --> 01:31:37.700]  The government says that fire brought it down.
[01:31:37.700 --> 01:31:42.700]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.700 --> 01:31:45.700]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.700 --> 01:31:47.700]  Thousands of my fellow first responders are dying.
[01:31:47.700 --> 01:31:49.700]  I'm not a conspiracy theorist.
[01:31:49.700 --> 01:31:50.700]  I'm a structural engineer.
[01:31:50.700 --> 01:31:51.700]  I'm a New York City correction officer.
[01:31:51.700 --> 01:31:52.700]  I'm an Air Force pilot.
[01:31:52.700 --> 01:31:54.700]  I'm a father who lost his son.
[01:31:54.700 --> 01:31:57.700]  We're Americans, and we deserve the truth.
[01:31:57.700 --> 01:32:00.700]  Go to RememberBuilding7.org today.
[01:32:00.700 --> 01:32:04.700]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[01:32:04.700 --> 01:32:07.700]  In today's America, we live in an us-against-them society,
[01:32:07.700 --> 01:32:09.700]  and if we the people are ever going to have a free society,
[01:32:09.700 --> 01:32:12.700]  then we're going to have to stand and defend our own rights.
[01:32:12.700 --> 01:32:14.700]  Among those rights are the right to travel freely from place to place,
[01:32:14.700 --> 01:32:16.700]  the right to act in our own private capacity,
[01:32:16.700 --> 01:32:19.700]  and most importantly, the right to due process of law.
[01:32:19.700 --> 01:32:23.700]  Traffic courts afford us the least expensive opportunity to learn how to enforce
[01:32:23.700 --> 01:32:25.700]  and preserve our rights through due process.
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[01:32:28.700 --> 01:32:31.700]  has put together the most comprehensive teaching tool available
[01:32:31.700 --> 01:32:33.700]  that will help you understand what due process is
[01:32:33.700 --> 01:32:35.700]  and how to hold courts to the rule of law.
[01:32:35.700 --> 01:32:37.700]  You can get your own copy of this invaluable material
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[01:32:59.700 --> 01:33:21.700]  Looking for some truth? You found it. LogosRadioNetwork.com.
[01:33:29.700 --> 01:33:47.700]  The wicked come with temptations They're trying to buy the whole place
[01:33:47.700 --> 01:33:58.700]  They want to poison the nation Because they've fallen from grace
[01:33:58.700 --> 01:34:09.700]  I will not bring them back up I just can't act out a way
[01:34:09.700 --> 01:34:11.700]  They got this problem they're dreaming of
[01:34:11.700 --> 01:34:13.700]  Okay, we are back.
[01:34:13.700 --> 01:34:17.700]  Brandi Kelton, Brett Fountain, Rule of Law Radio,
[01:34:17.700 --> 01:34:24.700]  and we're talking to Charter's Tina, I mean, Tina the Sweetheart.
[01:34:24.700 --> 01:34:28.700]  Where were you? You were beating up a judge.
[01:34:28.700 --> 01:34:32.700]  Yes, I read quite a number of things out,
[01:34:32.700 --> 01:34:38.700]  and I did bring in about the defendants have given nothing to the court,
[01:34:38.700 --> 01:34:45.700]  but here they have admitted to fraud and that they deliberately lied to me.
[01:34:45.700 --> 01:34:51.700]  I brought in new case law on residue to Carter and why it did not apply,
[01:34:51.700 --> 01:34:54.700]  and I brought in Trinity V. Pagliaro,
[01:34:54.700 --> 01:35:00.700]  and she said, well, I've been waiting for you to bring in new case law or new facts.
[01:35:00.700 --> 01:35:07.700]  I just did, and I brought it in into the amended motion for reconsideration.
[01:35:07.700 --> 01:35:14.700]  And, you know, I started off with a quote and I ended with a quote,
[01:35:14.700 --> 01:35:23.700]  and I said that attorneys, you know, should never be allowed to lie based on something I found
[01:35:23.700 --> 01:35:31.700]  on the American Bar Association where there was a seminar that they held in 2018,
[01:35:31.700 --> 01:35:36.700]  and it says that everyone knows that lawyers are not allowed to lie to clients,
[01:35:36.700 --> 01:35:39.700]  the courts, or third parties.
[01:35:39.700 --> 01:35:42.700]  When is it okay to exploit someone else's misapprehension,
[01:35:42.700 --> 01:35:44.700]  and when do you have to correct it?
[01:35:44.700 --> 01:35:47.700]  It should never be okay to lie.
[01:35:47.700 --> 01:35:55.700]  And this seminar was titled Lies, Damned Lies, and Alternative Facts,
[01:35:55.700 --> 01:36:00.700]  and I brought that in and I said that's all these attorneys have done is lie,
[01:36:00.700 --> 01:36:06.700]  and you seem to think it's okay for them to lie and you give them a litigation privilege.
[01:36:06.700 --> 01:36:11.700]  And then at the end she said, well, I'll take this under consideration,
[01:36:11.700 --> 01:36:17.700]  which means she's just going to, you know, unless she really takes notice of the fact
[01:36:17.700 --> 01:36:26.700]  that I really roasted her on what the attorneys have done and what the law says,
[01:36:26.700 --> 01:36:32.700]  she's just going to adopt her tentative and then I'll have to appeal.
[01:36:32.700 --> 01:36:38.700]  But it was interesting that she would not answer the questions.
[01:36:38.700 --> 01:36:42.700]  I have a very simple question.
[01:36:42.700 --> 01:36:46.700]  You have the appeals structured well.
[01:36:46.700 --> 01:36:54.700]  So the real meat of a lawsuit, the real action occurs on appeal.
[01:36:54.700 --> 01:36:56.700]  I'll go back to Dr. Graves.
[01:36:56.700 --> 01:37:02.700]  Your only purpose in the trial court is to set the record for appeal.
[01:37:02.700 --> 01:37:08.700]  And that's important for everyone to understand.
[01:37:08.700 --> 01:37:15.700]  Technically, you really don't care what the judge does in the trial court.
[01:37:15.700 --> 01:37:19.700]  The more the judge screws up, the better for you,
[01:37:19.700 --> 01:37:22.700]  because the real action is in the appellate court.
[01:37:22.700 --> 01:37:33.700]  And all lawyers adjudicate their case with all their consideration on the appellate court,
[01:37:33.700 --> 01:37:36.700]  because that's where they expect to win their case.
[01:37:36.700 --> 01:37:40.700]  No lawyer worth his salt expects to win the case in the trial court.
[01:37:40.700 --> 01:37:45.700]  Now, they'd like to, and, you know, Barry Mason, he did that a lot,
[01:37:45.700 --> 01:37:52.700]  and he gives the impression that that's where justice is found.
[01:37:52.700 --> 01:37:53.700]  It's not where justice is found.
[01:37:53.700 --> 01:37:56.700]  Justice is found in the appellate court.
[01:37:56.700 --> 01:38:01.700]  And it's not because the appellate court judges are good guys.
[01:38:01.700 --> 01:38:09.700]  It's because what the appellate court rules becomes standing law.
[01:38:09.700 --> 01:38:17.700]  So if they issue a bogus ruling, every other Scheister lawyer in the state
[01:38:17.700 --> 01:38:22.700]  can use that bogus ruling to their advantage.
[01:38:22.700 --> 01:38:32.700]  It is the purpose of the appellate court to preserve the sanctity of the corpus juris, the body of law.
[01:38:32.700 --> 01:38:36.700]  They have a whole different focus than the trial court.
[01:38:36.700 --> 01:38:41.700]  Excuse me, so keep that in mind while you're in the trial court.
[01:38:41.700 --> 01:38:45.700]  Your only purpose is to get the facts and law on the record.
[01:38:45.700 --> 01:38:51.700]  And, Tina, you've done a great job of that.
[01:38:51.700 --> 01:38:52.700]  Well, we'll see.
[01:38:52.700 --> 01:38:56.700]  They remember the appellate court in my last one with the declarative judgment
[01:38:56.700 --> 01:38:59.700]  said that if I keep litigating, they're going to sanction me,
[01:38:59.700 --> 01:39:06.700]  which they can't do because I have a right to redress and you can't sanction a constitutional right.
[01:39:06.700 --> 01:39:10.700]  But they don't think they can until I bring that up.
[01:39:10.700 --> 01:39:18.700]  But I still can't see how she agrees with the attorneys that this is barred by res judicata
[01:39:18.700 --> 01:39:22.700]  because they claim it's the same nucleus of facts.
[01:39:22.700 --> 01:39:25.700]  It's a different party altogether.
[01:39:25.700 --> 01:39:28.700]  It is not the bank. It's their attorneys.
[01:39:28.700 --> 01:39:30.700]  And it's a different claim.
[01:39:30.700 --> 01:39:38.700]  This is about them lying to me deliberately in order to induce me to rely upon that lie.
[01:39:38.700 --> 01:39:42.700]  This is an unlitigated issue.
[01:39:42.700 --> 01:39:46.700]  Yes.
[01:39:46.700 --> 01:39:56.700]  So the Court of Appeals, they have to deal with the Supreme.
[01:39:56.700 --> 01:39:59.700]  And I was bringing that in.
[01:39:59.700 --> 01:40:04.700]  You worked the Court of Appeals the same way you worked the trial court.
[01:40:04.700 --> 01:40:12.700]  Do you want to ask questions that the Supreme is not going to like their answer to?
[01:40:12.700 --> 01:40:15.700]  Mm-hmm. Okay.
[01:40:15.700 --> 01:40:19.700]  And you've effectively done that.
[01:40:19.700 --> 01:40:28.700]  I did mention to her that something I had found in the case law that self-represented litigants must be freely afforded
[01:40:28.700 --> 01:40:34.700]  every reasonable opportunity to amend a complaint to add sufficient factual allegations.
[01:40:34.700 --> 01:40:38.700]  It is a requirement in all cases.
[01:40:38.700 --> 01:40:45.700]  The rule favoring liberality in amendments to pleadings is particularly important for the pro se litigants.
[01:40:45.700 --> 01:40:52.700]  A judge may not dismiss a complaint filed by a pro se litigant without granting leave to amend.
[01:40:52.700 --> 01:41:02.700]  Further, in submitting a complaint without leave to amend, a trial judge has a duty to draft a few sentences
[01:41:02.700 --> 01:41:14.700]  explaining the deficiencies in a self-represented litigant's allegation to help ensure that the litigant can use the opportunity to amend effectively.
[01:41:14.700 --> 01:41:21.700]  And then I put, this court has never given this self-represented litigant that courtesy.
[01:41:21.700 --> 01:41:25.700]  And the requirement, I said, which they haven't.
[01:41:25.700 --> 01:41:29.700]  Wow. Beautiful. Well played.
[01:41:29.700 --> 01:41:34.700]  You are likely to change everything in California.
[01:41:34.700 --> 01:41:41.700]  I know when you're in the midst of the fight, it seems that everyone's against you.
[01:41:41.700 --> 01:41:47.700]  But when you back up and look at the political aspect of what's going on,
[01:41:47.700 --> 01:42:00.700]  consider how are these guys going to be able to politically support the proposition that it's perfectly all right for lawyers to lie like dogs?
[01:42:00.700 --> 01:42:07.700]  You feel like they're all going to just roll over you, but probably they're looking at you the other way around.
[01:42:07.700 --> 01:42:10.700]  She's going to get us all.
[01:42:10.700 --> 01:42:14.700]  Yeah, that sounds like exactly what they're thinking.
[01:42:14.700 --> 01:42:20.700]  If she wins this, we're screwed.
[01:42:20.700 --> 01:42:24.700]  This will come back and land on us like a ton of bricks.
[01:42:24.700 --> 01:42:26.700]  But they're not ever going to tell you that.
[01:42:26.700 --> 01:42:30.700]  They're going to try to make a thing seem like there's nothing you can do.
[01:42:30.700 --> 01:42:34.700]  You're completely helpless. We have control of everything.
[01:42:34.700 --> 01:42:36.700]  Yeah, good luck with that, guys.
[01:42:36.700 --> 01:42:38.700]  We can't argue. We can't win this.
[01:42:38.700 --> 01:42:41.700]  Well, try res judicata again.
[01:42:41.700 --> 01:42:43.700]  Yeah, that's all I put in there.
[01:42:43.700 --> 01:42:50.700]  That's all they can ever think of, and that's why they keep bringing it up, because they have nothing else to go on.
[01:42:50.700 --> 01:42:53.700]  Exactly.
[01:42:53.700 --> 01:43:00.700]  But they're incompetent, because res judicata doesn't apply to unlitigated issues.
[01:43:00.700 --> 01:43:13.700]  You know, if you keep this up, Tina, eventually we're going to be able to cite Tina Churlish versus State.
[01:43:13.700 --> 01:43:19.700]  I did bring that word into my speech to the judge, by the way, the Churlish.
[01:43:19.700 --> 01:43:25.700]  I said that they had Churlish in mind.
[01:43:25.700 --> 01:43:34.700]  But you said before that I should take this issue of litigation privilege to lie in the face of the Fed.
[01:43:34.700 --> 01:43:41.700]  How do I do that, and what would be the basis for the suit?
[01:43:41.700 --> 01:43:45.700]  Oh, that just gave me a headache.
[01:43:45.700 --> 01:43:47.700]  Let's go back to this on the other side.
[01:43:47.700 --> 01:43:56.700]  We've got a full board of callers.
[01:43:56.700 --> 01:44:00.700]  Hang on, we'll be right back.
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[01:45:00.700 --> 01:45:03.700]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:21.700 --> 01:46:49.700]  Thank you.
[01:46:49.700 --> 01:46:51.700]  Okay, we are back.
[01:46:51.700 --> 01:46:55.700]  We're at Kelton Breath Fountain, Rule of Law Radio, and we're talking to Tina in California.
[01:46:55.700 --> 01:47:05.700]  And Tina, it looks like you have done everything you can to get things set up.
[01:47:05.700 --> 01:47:18.700]  While you're in the fight, it's like the template that they have for writing mystery novels.
[01:47:18.700 --> 01:47:25.700]  In mystery novels, you have a situation, and then a bad thing happens,
[01:47:25.700 --> 01:47:29.700]  and then another bad thing happens, and then another bad thing happens,
[01:47:29.700 --> 01:47:36.700]  and then something happens, and everything is solved.
[01:47:36.700 --> 01:47:43.700]  So it goes, it's bad, and it's bad, and it's bad, and it's bad, and then boom, you win at the end.
[01:47:43.700 --> 01:47:48.700]  This is what it sounds like what's going on with you, Tina.
[01:47:48.700 --> 01:47:53.700]  Everybody's ruling against you, but when you start getting in the,
[01:47:53.700 --> 01:47:58.700]  go through the appeals and then the supreme,
[01:47:58.700 --> 01:48:04.700]  because you have been so meticulous and covered every base,
[01:48:04.700 --> 01:48:11.700]  you're going to reach a point that they just can't rule against you anymore, then everything changes.
[01:48:11.700 --> 01:48:18.700]  And for the most part, when you look in case law, case law contains those kinds of cases,
[01:48:18.700 --> 01:48:23.700]  especially when you're looking in supreme court case law.
[01:48:23.700 --> 01:48:31.700]  If someone has a ruling in the supreme court, either of the state or of the fed,
[01:48:31.700 --> 01:48:35.700]  they have all been where you were, you are now.
[01:48:35.700 --> 01:48:41.700]  They have been ruled against at the trial court. They've been ruled against at the appellate court.
[01:48:41.700 --> 01:48:47.700]  They had to be ruled against on everything to get them to the supreme.
[01:48:47.700 --> 01:48:53.700]  So you are not by yourself.
[01:48:53.700 --> 01:48:59.700]  Point is, hang in there. You've done all the work.
[01:48:59.700 --> 01:49:02.700]  You just got to hang in there.
[01:49:02.700 --> 01:49:05.700]  Okay. Well, I'll keep hanging in there.
[01:49:05.700 --> 01:49:11.700]  And again, I was thankful to everybody who appeared on Zoom and was listening in and watching,
[01:49:11.700 --> 01:49:20.700]  because I did mention that all people of reasonable prudence would believe this to be something I should forget the exact words.
[01:49:20.700 --> 01:49:26.700]  And I said, many of those people of reasonable prudence are watching this today.
[01:49:26.700 --> 01:49:29.700]  So thank you to everyone who turned up.
[01:49:29.700 --> 01:49:36.700]  And those who couldn't come, I got messages before, so I knew you were there with me in spirit.
[01:49:36.700 --> 01:49:43.700]  Good. And if you had a bunch of people watching, that doesn't happen often on a Zoom meeting.
[01:49:43.700 --> 01:49:49.700]  So you have to know that the judges are paying attention.
[01:49:49.700 --> 01:49:52.700]  It better be.
[01:49:52.700 --> 01:50:02.700]  And if there's an upside to the Zoom meeting, it's that a whole bunch of people can join the Zoom meeting that don't have an interest in the case.
[01:50:02.700 --> 01:50:06.700]  And it leaves the judge wondering, who are those people?
[01:50:06.700 --> 01:50:11.700]  And why are they here looking over my shoulder?
[01:50:11.700 --> 01:50:21.700]  So the point is, cheer up. It ain't over yet.
[01:50:21.700 --> 01:50:22.700]  Okay.
[01:50:22.700 --> 01:50:24.700]  Let's keep going. Thank you so much.
[01:50:24.700 --> 01:50:25.700]  Okay. Thank you, Tina.
[01:50:25.700 --> 01:50:29.700]  Okay. Now we're going to Olivier in Tennessee.
[01:50:29.700 --> 01:50:32.700]  No, no. Olivier in Florida.
[01:50:32.700 --> 01:50:39.700]  He's in my databases, Tennessee, because that's where we first encountered him.
[01:50:39.700 --> 01:50:48.700]  Okay. Olivier, what do you have for us today?
[01:50:48.700 --> 01:50:54.700]  I have more connects in the lower core system.
[01:50:54.700 --> 01:51:11.700]  Wait a minute. Your mic sounds odd. Are you on any kind of Bluetooth or hands-free device?
[01:51:11.700 --> 01:51:15.700]  Hello, Olivier. Are you there?
[01:51:15.700 --> 01:51:19.700]  Brett, what was that we were hearing?
[01:51:19.700 --> 01:51:24.700]  I don't know. It sounded – yeah, Bluetooth is one possibility.
[01:51:24.700 --> 01:51:33.700]  Yeah, that was something I haven't heard. I haven't heard that kind of interference or distortion before.
[01:51:33.700 --> 01:51:35.700]  Olivier, are you there?
[01:51:35.700 --> 01:51:37.700]  Yes, I'm here. Can you hear me?
[01:51:37.700 --> 01:51:38.700]  Oh, much better.
[01:51:38.700 --> 01:51:40.700]  All right.
[01:51:40.700 --> 01:51:49.700]  Yeah. Okay. I have one more case in the lower core, depending.
[01:51:49.700 --> 01:52:05.700]  I don't know what's going on with this. He was moving around with time, and he had to get time to get information and take care of what not.
[01:52:05.700 --> 01:52:11.700]  He said that –
[01:52:11.700 --> 01:52:18.700]  Okay. Hold on, hold on, hold on. You're kind of breaking up, and we're getting some really bouncy sound.
[01:52:18.700 --> 01:52:23.700]  Are you on any kind of hands-free device?
[01:52:23.700 --> 01:52:27.700]  No.
[01:52:27.700 --> 01:52:39.700]  This is Brett. Do you have any idea what that is? Generally, if the mic is hot and you have it too close to your mouth, you get distortion.
[01:52:39.700 --> 01:52:48.700]  You hear the centers. You don't hear the high and the low, so you sound kind of mumbling. But this is different.
[01:52:48.700 --> 01:52:52.700]  It's got an odd sound to it. I'm not sure what I'm hearing.
[01:52:52.700 --> 01:53:14.700]  Okay. Go ahead. We'll try to figure out why I'm having trouble understanding. Okay. Go ahead, Olivier.
[01:53:14.700 --> 01:53:16.700]  Olivier, I think we're having a –
[01:53:16.700 --> 01:53:20.700]  I'm not hearing you. I caught like half of a syllable, and that's it.
[01:53:20.700 --> 01:53:31.700]  Olivier, can you hang up and call back? Maybe we'll get a better connection.
[01:53:31.700 --> 01:53:36.700]  I'm not sure he can hear us.
[01:53:36.700 --> 01:53:46.700]  I talked to Olivier earlier today, and what's going on? Olivier is just wiping the floor with these guys.
[01:53:46.700 --> 01:53:53.700]  So I'm hoping we can get him on. Olivier, if you can hear me, try hanging up and calling back.
[01:53:53.700 --> 01:53:59.700]  I'm going to have to go to someone else because we're getting no sound from you at all right now.
[01:53:59.700 --> 01:54:10.700]  Okay. We're going to go to EJ in California. Hello, EJ. What do you have for us today?
[01:54:10.700 --> 01:54:32.700]  Hi. So I have a misdemeanor case from a traffic citation, and I filed a motion to dismiss the lack of personal jurisdiction.
[01:54:32.700 --> 01:54:40.700]  That was my first motion, and then secondly, I know you had a first caller from, I guess, Missouri,
[01:54:40.700 --> 01:54:50.700]  and you talked about a bill of particulars with him, and I filed the bill of particulars, those two,
[01:54:50.700 --> 01:54:56.700]  those two motions that I filed with the court on Tuesday.
[01:54:56.700 --> 01:55:11.700]  My question is, I received an arraignment letter from the DA, failure to show ID for the traffic ticket.
[01:55:11.700 --> 01:55:19.700]  This is not a proof of service. It's an efficient proof of service.
[01:55:19.700 --> 01:55:29.700]  That is one thing that I put in my motion. They have no personal jurisdiction over me.
[01:55:29.700 --> 01:55:42.700]  And secondly, it's the bill of particulars asking, well, what is the nature and cause of the offense against me?
[01:55:42.700 --> 01:55:52.700]  So what are the ramifications if I don't show to the court hearing? It's coming up this Friday.
[01:55:52.700 --> 01:56:02.700]  Okay. Well, I have a rule. Always show up. Always. Otherwise, they'll issue a warrant for failure to appear
[01:56:02.700 --> 01:56:09.700]  and create a secondary charge of failure to appear. That's a separate criminal act.
[01:56:09.700 --> 01:56:20.700]  Okay. Even though they don't technically have personal jurisdiction,
[01:56:20.700 --> 01:56:36.700]  they didn't follow the personal service rules, and I put down the rules in the motion that they did not follow.
[01:56:36.700 --> 01:56:41.700]  Okay. Hold on. You received a traffic citation?
[01:56:41.700 --> 01:56:42.700]  Yes.
[01:56:42.700 --> 01:56:46.700]  Did the officer hand you a copy of the citation?
[01:56:46.700 --> 01:56:48.700]  Yes.
[01:56:48.700 --> 01:56:56.700]  That's personal service. So what are you claiming that was not,
[01:56:56.700 --> 01:57:00.700]  who are you claiming where you did not get personal service?
[01:57:00.700 --> 01:57:04.700]  From the DA.
[01:57:04.700 --> 01:57:09.700]  For what? Is this for some hearing you're supposed to come to?
[01:57:09.700 --> 01:57:15.700]  The arraignment, yes. The arraignment that's coming up this Friday.
[01:57:15.700 --> 01:57:21.700]  How do you even know that the arraignment is scheduled?
[01:57:21.700 --> 01:57:32.700]  I found out searching the website. Not website, I'm sorry, the court's internal.
[01:57:32.700 --> 01:57:48.700]  Okay. What does California law say about the requirement of the court to give notice of a hearing or court date?
[01:57:48.700 --> 01:57:58.700]  It needs to be with a personal, it's like a summon. You need to notice them personally.
[01:57:58.700 --> 01:58:07.700]  What does personally mean? Can that personally be email? Does it have to be a certified letter?
[01:58:07.700 --> 01:58:17.700]  Or do you have to be served by a court officer?
[01:58:17.700 --> 01:58:28.700]  For personal, it needs to be served by personal service, either by the server,
[01:58:28.700 --> 01:58:38.700]  the personal service agencies that go and provide the summons.
[01:58:38.700 --> 01:58:49.700]  Okay, hold on. Generally, in most states, the original citation must be served by personal service.
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