[00:00.000 --> 00:06.400]  The Bill of Rights contains the first ten amendments of our Constitution that guarantee
[00:06.400 --> 00:09.600]  the specific freedoms Americans should know and protect.
[00:09.600 --> 00:11.080]  Our liberty depends on it.
[00:11.080 --> 00:15.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:15.000 --> 00:17.120]  your First Amendment rights.
[00:17.120 --> 00:18.720]  Privacy is under attack.
[00:18.720 --> 00:22.320]  When you give up data about yourself, you'll never get it back again.
[00:22.320 --> 00:27.080]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[00:27.080 --> 00:28.520]  So protect your rights.
[00:28.520 --> 00:32.120]  Say no to surveillance and keep your information to yourself.
[00:32.120 --> 00:33.120]  Privacy.
[00:33.120 --> 00:34.720]  It's worth hanging on to.
[00:34.720 --> 00:39.120]  This public service announcement is brought to you by Startpage.com, the private search
[00:39.120 --> 00:42.640]  engine alternative to Google, Yahoo, and Bing.
[00:42.640 --> 00:44.760]  Start over with Startpage.
[00:44.760 --> 00:45.760]  Spar.
[00:45.760 --> 00:47.960]  It's what fighters do.
[00:47.960 --> 00:51.400]  It's also how I remember the five guarantees of the First Amendment.
[00:51.400 --> 00:54.640]  If you plan to take away my rights, I'm going to spar with you.
[00:54.640 --> 01:01.720]  Spar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.720 --> 01:03.240]  and R for religion.
[01:03.240 --> 01:07.160]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.160 --> 01:10.640]  assembly, and religion, but petition for redress is another matter.
[01:10.640 --> 01:14.720]  We have the right to petition the government for a redress of grievances.
[01:14.720 --> 01:18.240]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.240 --> 01:20.960]  the reasons without fear of being thrown into jail.
[01:20.960 --> 01:31.200]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31.200 --> 01:34.880]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.880 --> 01:38.320]  They guarantee the specific freedoms Americans should know and protect.
[01:38.320 --> 01:39.800]  Our liberty depends on it.
[01:39.800 --> 01:43.680]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.680 --> 01:46.840]  one of your constitutional rights.
[01:46.840 --> 01:48.440]  Privacy is under attack.
[01:48.440 --> 01:52.040]  When you give up data about yourself, you'll never get it back again.
[01:52.040 --> 01:56.800]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.800 --> 02:01.840]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.840 --> 02:04.560]  Privacy, it's worth hanging on to.
[02:04.560 --> 02:08.860]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.860 --> 02:12.400]  engine alternative to Google, Yahoo, and Bing.
[02:12.400 --> 02:16.000]  Start over with StartPage.
[02:16.000 --> 02:20.320]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.320 --> 02:22.400]  of Rights in a big old bear hug.
[02:22.400 --> 02:26.920]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.920 --> 02:30.720]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.720 --> 02:31.720]  Get it?
[02:31.720 --> 02:34.040]  Two arms, bear hug, bear arms?
[02:34.040 --> 02:37.640]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.640 --> 02:43.400]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.400 --> 02:47.960]  conduct, one more safeguard against the tyranny which now appears remote in America, but which
[02:47.960 --> 02:50.600]  historically has proved to always be possible.
[02:50.600 --> 02:52.560]  I'm Dr. Catherine Albrecht.
[02:52.560 --> 03:14.080]  More news and information at CatherineAlbrecht.com.
[03:14.080 --> 03:36.720]  We are originators and the pathway seems to get straighter every day.
[03:36.720 --> 03:50.680]  Okay, we are back, Randy Kelton, Brett Fountain, Wheel of Law Radio, and we're talking to Eric
[03:50.680 --> 03:51.680]  in Massachusetts.
[03:51.680 --> 03:59.760]  And on the break, Brett suggested that I go back into Walker v. Packer.
[03:59.760 --> 04:08.320]  And I was concerned, Eric, and what I'm hearing is, you're going to the merits of what is
[04:08.320 --> 04:11.320]  going on.
[04:11.320 --> 04:19.560]  And for me, I never want to get to the merits of an issue until I have examined the underlying
[04:19.560 --> 04:23.400]  legal status of the issue.
[04:23.400 --> 04:28.640]  You're going to what they're doing, and I want to go to where did they get authority
[04:28.640 --> 04:34.920]  to do what they're doing, and back to Walker v. Packer.
[04:34.920 --> 04:41.640]  Walker v. Packer is one of my favorite cases, and it is so basic.
[04:41.640 --> 04:50.800]  We have to have some representative case in every state of Walker v. Packer, because it
[04:50.800 --> 04:59.960]  goes to the notion that a public official may only do what they are specifically authorized
[04:59.960 --> 05:10.400]  to do, whereas you, as a citizen in a republic, you can do anything you want to unless the
[05:10.400 --> 05:14.360]  law forbids you to do a thing.
[05:14.360 --> 05:20.920]  Public officials, on the other hand, they may only do what they are specifically authorized
[05:20.920 --> 05:21.920]  to do.
[05:21.920 --> 05:31.680]  So Eric, how are these, are they city council or whatever they are, these public officials?
[05:31.680 --> 05:39.160]  It's sort of really the mayor, because he's sort of the CEO of the company, and his zoning
[05:39.160 --> 05:40.280]  board.
[05:40.280 --> 05:48.680]  So he covertly says to the zoning board, hey, we need to start letting things get built.
[05:48.680 --> 05:50.880]  The last two mayors haven't built anything.
[05:50.880 --> 05:53.640]  We want to start building stuff.
[05:53.640 --> 05:56.760]  So you start letting this stuff go through.
[05:56.760 --> 06:04.200]  So specifically, where does the zoning board get this authority?
[06:04.200 --> 06:07.200]  They don't.
[06:07.200 --> 06:16.760]  Then have you attacked the zoning board under official misconduct?
[06:16.760 --> 06:21.400]  Have you read the official misconduct statute in Massachusetts?
[06:21.400 --> 06:22.400]  I have not.
[06:22.400 --> 06:23.400]  Okay.
[06:23.400 --> 06:30.240]  I would like you to take the phone and beat yourself around the eyes and the ears.
[06:30.240 --> 06:32.960]  Go look that statute up.
[06:32.960 --> 06:40.840]  Most of the times when I take on a jurisdiction, the biggest problem they have is with the
[06:40.840 --> 06:45.200]  most basic of issues.
[06:45.200 --> 06:54.840]  People get into a situation and they jump into the thick of it without taking a giant
[06:54.840 --> 07:03.560]  step back and making sure they've touched every statutory requirement before they get
[07:03.560 --> 07:06.200]  there.
[07:06.200 --> 07:19.360]  Where in Massachusetts or the local municipal statutes does this zoning board get the authority
[07:19.360 --> 07:21.160]  to change zoning?
[07:21.160 --> 07:24.920]  There has to be something.
[07:24.920 --> 07:28.840]  If there isn't something, they can't change zoning.
[07:28.840 --> 07:33.720]  Well, they're giving out variances.
[07:33.720 --> 07:40.240]  Where do they specifically do they get authority to grant a variance?
[07:40.240 --> 07:42.760]  That has to be in law.
[07:42.760 --> 07:44.800]  It cannot be assumed.
[07:44.800 --> 07:52.680]  Now, you can give a variance if you're in a contractual agreement with someone.
[07:52.680 --> 07:53.680]  You are the principal.
[07:53.680 --> 07:58.420]  You could give a variance, but these are public officials.
[07:58.420 --> 08:04.360]  They can't give a variance unless some law specifically states that they could give this
[08:04.360 --> 08:05.560]  variance.
[08:05.560 --> 08:10.320]  Where is that law?
[08:10.320 --> 08:19.400]  If you don't have that, you don't know what you're talking about.
[08:19.400 --> 08:20.400]  Read it.
[08:20.400 --> 08:21.400]  Find it.
[08:21.400 --> 08:27.920]  I can guarantee you if you read it, you'll know more about it than they do because these
[08:27.920 --> 08:35.160]  guys get elected to these boards and they just do what they are told they can do.
[08:35.160 --> 08:36.160]  Don't question it.
[08:36.160 --> 08:46.680]  My son-in-law got elected as a JP, and I read the code to him, this is what you must do
[08:46.680 --> 08:48.680]  by law.
[08:48.680 --> 08:54.740]  He went to this training, and they trained him to do other things that aren't even close
[08:54.740 --> 09:02.000]  to what the law commands, but this is what the state trained him to do.
[09:02.000 --> 09:13.120]  He gets into this mode of cognitive dissonance where he can't imagine that the state's telling
[09:13.120 --> 09:20.400]  him wrong, and he does what they tell him to do.
[09:20.400 --> 09:27.240]  Well, he's my son-in-law, so I left him alone, but I'm going to beat the crap out of every
[09:27.240 --> 09:33.240]  other JP in the state of Texas that I get a shot at because they're doing what they're
[09:33.240 --> 09:38.360]  trained to do, and it is illegal.
[09:38.360 --> 09:43.640]  I know it's illegal because I read the code that gives them authorization.
[09:43.640 --> 09:49.600]  You need to read the code that gives them authority to issue a variance, and what are
[09:49.600 --> 09:55.880]  the considerations that must be included before giving out that variance?
[09:55.880 --> 09:56.880]  It doesn't matter.
[09:56.880 --> 10:00.080]  Your courts aren't upholding these laws.
[10:00.080 --> 10:05.320]  They're putting up a barrier by saying, you don't have standing.
[10:05.320 --> 10:06.960]  I'm not going to hear this issue.
[10:06.960 --> 10:08.160]  I don't care what they did to you.
[10:08.160 --> 10:09.160]  I don't care what they're building.
[10:09.160 --> 10:13.960]  I don't care if it's a nuclear power plant that's leaking on your property because you
[10:13.960 --> 10:15.440]  don't have standing.
[10:15.440 --> 10:16.440]  Okay.
[10:16.440 --> 10:20.120]  Have you went after the judges personally?
[10:20.120 --> 10:21.120]  No.
[10:21.120 --> 10:24.280]  No, that I have not.
[10:24.280 --> 10:32.080]  If a judge exerts or purports to exert an authority he does not expressly have and in
[10:32.080 --> 10:38.000]  the process denies you the full and free access to enjoyment of right, that is a crime in
[10:38.000 --> 10:48.640]  every state because it reflects 18 U.S. Code 242, the Ku Klux Klan Act.
[10:48.640 --> 10:53.000]  Every state has a statute that reflects that.
[10:53.000 --> 10:57.420]  You have judges failing to perform duties they're required to perform.
[10:57.420 --> 10:59.480]  Go after the judge personally.
[10:59.480 --> 11:03.040]  You have a special power.
[11:03.040 --> 11:12.480]  No lawyer in his right professional mind would risk incurring the ire of a judge.
[11:12.480 --> 11:20.720]  It would be unethical because the judge will screw his next client to get back at it.
[11:20.720 --> 11:26.760]  And by annoying the judge he denies his next client into a fair trial.
[11:26.760 --> 11:30.080]  You don't have a client.
[11:30.080 --> 11:35.080]  You don't care if that judge is P.O.ed or not.
[11:35.080 --> 11:38.120]  He can't do anything to you.
[11:38.120 --> 11:42.840]  You can do lots to him.
[11:42.840 --> 11:49.480]  Everything about this show Brett and I do is about this concept.
[11:49.480 --> 11:54.640]  You are the baddest motor scooter in the building.
[11:54.640 --> 12:00.040]  When you walk into a courthouse you're the baddest motor scooter in the building is only
[12:00.040 --> 12:02.040]  one reason.
[12:02.040 --> 12:09.720]  You're not a judge, you're not a prosecutor, a bailiff, a clerk, they're all public servants.
[12:09.720 --> 12:16.340]  You you're the master of those servants and it is your job to keep your master, to keep
[12:16.340 --> 12:20.640]  your servants in line.
[12:20.640 --> 12:27.280]  So take a step back, step outside the content and look down on it from the top.
[12:27.280 --> 12:30.080]  Look at the structure.
[12:30.080 --> 12:36.480]  If this judge says you don't have standing he better come up with findings of fact and
[12:36.480 --> 12:42.480]  conclusions at law or I'll charge him criminally.
[12:42.480 --> 12:46.240]  We had a judge in the county I live in, he rendered a ruling.
[12:46.240 --> 12:52.840]  We asked for findings of fact and conclusions at law and he refused to produce them.
[12:52.840 --> 12:58.160]  So in the law it says if the judge shall produce findings of fact and conclusions of law within
[12:58.160 --> 12:59.160]  20 days.
[12:59.160 --> 13:03.440]  If he fails to do so you can file a notice of late filing.
[13:03.440 --> 13:07.280]  So we asked for findings of fact, he didn't produce.
[13:07.280 --> 13:13.840]  We filed a notice of late filing and we filed criminal charges with the grand jury.
[13:13.840 --> 13:16.960]  It said he shall produce.
[13:16.960 --> 13:21.400]  It did not say he may, might or can if he wants to.
[13:21.400 --> 13:25.960]  Don't care that I have another remedy.
[13:25.960 --> 13:28.560]  That was a civil remedy.
[13:28.560 --> 13:34.080]  He failed to perform a duty he is required to perform and in the process denied Philip
[13:34.080 --> 13:38.040]  in the full and free access to her and draw me to write this crime in the state of Texas.
[13:38.040 --> 13:42.240]  I bet it's a crime in Massachusetts too.
[13:42.240 --> 13:46.200]  Nobody takes them on, only you can do that.
[13:46.200 --> 13:51.320]  That makes you the most powerful person in the room.
[13:51.320 --> 13:56.040]  I understand that, it's just understanding the path to take and that's what I'm getting
[13:56.040 --> 13:57.040]  from you.
[13:57.040 --> 14:02.800]  Yeah, just, you know, I have this rule.
[14:02.800 --> 14:10.480]  Never ask a public official to do anything you actually want them to do.
[14:10.480 --> 14:17.480]  Because you never ask a public official to do anything that the law does not compel them
[14:17.480 --> 14:23.080]  to do so that when they don't do it, boom, you get to land on them.
[14:23.080 --> 14:32.760]  They think here in Dallas, Tarrant, Wise, Montague, all these counties around the DFW
[14:32.760 --> 14:40.680]  area and Travis County and Austin and Stephenville and Harris, they all know me.
[14:40.680 --> 14:45.280]  And the word is, if that countenance will be, comes into your office, watch out.
[14:45.280 --> 14:51.360]  He's trying to get you to do something so he can call 911 and try to get you arrested.
[14:51.360 --> 14:56.160]  And that's right, I am, so don't screw with me.
[14:56.160 --> 14:57.700]  Follow law the way it's written.
[14:57.700 --> 15:00.400]  I do not care what you were trained.
[15:00.400 --> 15:04.720]  I don't care what the state told you, you can do.
[15:04.720 --> 15:12.160]  I care what the law specifically authorizes you to do and if it doesn't authorize you
[15:12.160 --> 15:15.360]  to do it, you can't.
[15:15.360 --> 15:17.200]  You go in from that perspective.
[15:17.200 --> 15:24.040]  I keep hearing you saying, the judges, they keep saying, I don't have standing.
[15:24.040 --> 15:28.360]  Do you think you have standing?
[15:28.360 --> 15:29.360]  I do.
[15:29.360 --> 15:30.360]  I do.
[15:30.360 --> 15:38.360]  Then, accuse the judge of official misconduct who denied you the full and free access to
[15:38.360 --> 15:41.160]  enjoyment right.
[15:41.160 --> 15:47.080]  Accused him personally, lawyers would never do that, but you're not a lawyer.
[15:47.080 --> 15:51.720]  You're not going to be bringing clients before that judge, he can screw.
[15:51.720 --> 15:56.480]  So you don't care if he's upset at you or not.
[15:56.480 --> 16:00.080]  It gives you an incredible power over these guys.
[16:00.080 --> 16:05.880]  Our founders knew exactly what they were doing when they set this system up.
[16:05.880 --> 16:10.080]  You are the ultimate check to the balance of power.
[16:10.080 --> 16:12.800]  Take them on.
[16:12.800 --> 16:18.880]  You will find it is so much fun, you won't believe it.
[16:18.880 --> 16:23.800]  Okay, we're about to go to our sponsors.
[16:23.800 --> 16:27.480]  Eric, when we come back on the other side.
[16:27.480 --> 16:28.480]  Yep.
[16:28.480 --> 16:32.240]  Let's talk about this from a different perspective.
[16:32.240 --> 16:36.840]  How can we set up these judges so we can hammer them?
[16:36.840 --> 16:43.720]  How can we lead them into giving us a bogus ruling so we can stick it to them?
[16:43.720 --> 16:49.320]  Hang on, Randy Fountain, Rule of Law Radio, I'm not going to give out the call-in numbers,
[16:49.320 --> 16:56.120]  we still have a full board of callers, we'll be right back in a few seconds.
[16:56.120 --> 17:00.360]  I did the outro too soon.
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[17:40.920 --> 17:46.680]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[17:46.680 --> 17:49.680]  or email michaelmears at yahoo.com.
[17:49.680 --> 17:59.240]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-m at yahoo.com to learn how to stop debt
[17:59.240 --> 18:00.240]  collectors now.
[18:00.240 --> 18:04.840]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[18:04.840 --> 18:08.640]  In today's America, we live in an us-against-them society and if we, the people, are ever going
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[18:12.320 --> 18:15.800]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.800 --> 18:19.840]  in our own private capacity, and most importantly, the right to due process of law.
[18:19.840 --> 18:23.680]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
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[18:29.040 --> 18:32.800]  most comprehensive teaching tool available that will help you understand what due process
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[18:50.600 --> 18:54.560]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
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[18:58.560 --> 19:07.560]  You are listening to the Logos Radio Network, the LogosradioNetwork.com.
[19:07.560 --> 19:30.920]  Okay.
[19:30.920 --> 19:31.920]  We are back.
[19:31.920 --> 19:37.400]  Randy Kelton, Brett Fountain, Rule of Law Radio and Eric, we're talking to Eric Massachusetts.
[19:37.400 --> 19:51.120]  Eric, go back and read, especially read your Criminal Procedure Code, your Rules of Penal
[19:51.120 --> 19:52.120]  Code.
[19:52.120 --> 19:53.120]  You need to read the Penal Code.
[19:53.120 --> 20:02.320]  You're going to have a section on official misconduct or duties of officers.
[20:02.320 --> 20:04.560]  Read those codes.
[20:04.560 --> 20:14.880]  I feel like you're trapped in this place people get into when public officials don't do what
[20:14.880 --> 20:17.200]  we believe they're supposed to do.
[20:17.200 --> 20:22.640]  We tend to get this feeling of helplessness because the courts aren't following the rules.
[20:22.640 --> 20:25.160]  So what can we do if the court doesn't follow the rules?
[20:25.160 --> 20:34.240]  Well, we need to take a step back and bring the courts to the rule book.
[20:34.240 --> 20:46.680]  Will you call in next week, look in Massachusetts law and tell us what laws you have to control
[20:46.680 --> 20:50.280]  recalcitrant public officials?
[20:50.280 --> 20:52.080]  Does that make sense, Eric?
[20:52.080 --> 20:55.080]  It does, it does.
[20:55.080 --> 20:56.880]  So I have a quick question.
[20:56.880 --> 21:05.240]  So I've sort of asked this several times, how do I get my zoning rules in front of a
[21:05.240 --> 21:12.600]  judge so that I can get them to say, yes, this is a contract?
[21:12.600 --> 21:20.600]  That becomes less of a problem after you call them on the crimes they're committing.
[21:20.600 --> 21:25.080]  As long as you let them go on with whatever they say and you just try to figure out a
[21:25.080 --> 21:32.560]  new way to say it, say your piece, and they just get to go scot-free without you ever
[21:32.560 --> 21:38.200]  holding them accountable for the crimes, well, then they're going to feel like they can say
[21:38.200 --> 21:42.960]  whatever they want next time you walk in there with a different phrase.
[21:42.960 --> 21:49.440]  What is the question that you want to ask the courts?
[21:49.440 --> 21:55.680]  So again, if this is a contract, which I'm claiming it is, which is different than probably
[21:55.680 --> 22:01.660]  any other town in the whole US, maybe, or almost all towns, because you're never going
[22:01.660 --> 22:07.960]  to get the residents and the mayor to sign something together.
[22:07.960 --> 22:15.440]  It's normally it would be just the board or the mayor or whatever.
[22:15.440 --> 22:22.120]  So how do I get this in front of some court, whether it's a judicial review or...
[22:22.120 --> 22:23.120]  That I got.
[22:23.120 --> 22:25.880]  They say, yes, this is a contract.
[22:25.880 --> 22:33.720]  Look in Massachusetts law for a declaratory judgment act.
[22:33.720 --> 22:35.240]  Every state's going to have one.
[22:35.240 --> 22:43.320]  And what a declaratory judgment act is, it's not a suit for damages of any kind.
[22:43.320 --> 22:48.520]  You can't ask for attorney fees, you can't ask for anything.
[22:48.520 --> 22:57.800]  A declaratory judgment suit is a suit to determine the application of a law.
[22:57.800 --> 23:02.840]  You say to the court, I believe I have a claim, but I'm not certain.
[23:02.840 --> 23:09.720]  I need the court to clarify the application of this law.
[23:09.720 --> 23:19.200]  You say we have these zoning ordinances that were part of the contract when I purchased
[23:19.200 --> 23:23.280]  this property.
[23:23.280 --> 23:33.640]  Where does the zoning board get specific authority to change the zoning ordinances?
[23:33.640 --> 23:35.720]  That's not the right way to ask it.
[23:35.720 --> 23:46.680]  You ask, can the zoning board change the conditions of a contract after the contract is consummated?
[23:46.680 --> 23:48.480]  There you go.
[23:48.480 --> 23:51.480]  And you do that in a petition for declaratory judgment.
[23:51.480 --> 23:57.160]  So the only thing before the court is this singular point of law.
[23:57.160 --> 24:00.600]  And you're saying, I think I have a claim.
[24:00.600 --> 24:10.840]  But before I institute a full on civil action in the interest of judicial economy, I need
[24:10.840 --> 24:19.800]  a ruling on this specific point of law and ask them for that ruling.
[24:19.800 --> 24:20.800]  Does that make sense?
[24:20.800 --> 24:21.800]  It does.
[24:21.800 --> 24:28.520]  So I'm asking which court do I take it to, the Superior Court, the Gills Court, the Federal
[24:28.520 --> 24:29.520]  Court?
[24:29.520 --> 24:33.720]  Okay, hold on, you can't do it that way.
[24:33.720 --> 24:36.940]  You can't ask them to give you legal advice.
[24:36.940 --> 24:44.720]  You have to say, we have these laws here, we have the Sixth Amendment that forbids a
[24:44.720 --> 24:57.440]  governmental agency from impairing the, what word, impairing the obligations of contracts.
[24:57.440 --> 25:00.600]  The obligation of contracts.
[25:00.600 --> 25:08.920]  Does the zoning board, when they change the zoning, impair the obligation of the contract
[25:08.920 --> 25:12.920]  I entered into when I purchased this property?
[25:12.920 --> 25:17.880]  Well, what court do I present this to?
[25:17.880 --> 25:18.880]  District court.
[25:18.880 --> 25:22.000]  You need to, most likely- Looking through the Declaratory Judgment Act.
[25:22.000 --> 25:23.000]  Yeah.
[25:23.000 --> 25:27.680]  I'll lay in there which court to file it with.
[25:27.680 --> 25:30.680]  Okay.
[25:30.680 --> 25:35.480]  Most lawyers don't even know what it is, it's a fairly new remedy.
[25:35.480 --> 25:41.080]  I filed one in the Federal Court and the lawyer for Lock Lord, one of the largest law firms
[25:41.080 --> 25:45.600]  in the country, asked the court to dismiss the failure to state a claim on which cover
[25:45.600 --> 25:46.600]  can be had.
[25:46.600 --> 25:52.280]  Well, declaratory judgment suits do not have claims, period.
[25:52.280 --> 25:57.000]  The judge dismissed the case with prejudice for failure to state a claim.
[25:57.000 --> 26:03.120]  He didn't understand what it was, so I filed criminal charges against him with the special
[26:03.120 --> 26:05.320]  agent in charge of the FBI.
[26:05.320 --> 26:09.920]  That was so much fun.
[26:09.920 --> 26:13.160]  It is fairly new and they won't know what it is.
[26:13.160 --> 26:21.560]  Read the Declaratory Judgment Act from Massachusetts, twice at least, and then craft, you're merely
[26:21.560 --> 26:30.720]  asking the question for- I'm sorry, asking the courts for a ruling on a point of law.
[26:30.720 --> 26:38.400]  You get that ruling in your favor, then you come after them with res judicata.
[26:38.400 --> 26:39.400]  Already been adjudicated.
[26:39.400 --> 26:44.040]  That's what I'm looking for.
[26:44.040 --> 26:45.600]  Okay.
[26:45.600 --> 26:47.280]  Research that, call us back next week.
[26:47.280 --> 26:48.280]  We do need to move on.
[26:48.280 --> 26:51.960]  We've got a bunch of callers and we're running out of time.
[26:51.960 --> 26:52.960]  All right.
[26:52.960 --> 26:53.960]  Bye-bye.
[26:53.960 --> 26:54.960]  Thank you, Eric.
[26:54.960 --> 26:55.960]  Okay.
[26:55.960 --> 27:01.320]  Now we're going to go to first-time caller 218 Area Code.
[27:01.320 --> 27:02.720]  Hello?
[27:02.720 --> 27:04.080]  Hello.
[27:04.080 --> 27:09.240]  Give us a first name and a state.
[27:09.240 --> 27:10.240]  Travis.
[27:10.240 --> 27:12.240]  Northern Wisconsin.
[27:12.240 --> 27:23.200]  Oh, that's good because I used to live up north, so I speak Yankee.
[27:23.200 --> 27:25.200]  What do you have for us today?
[27:25.200 --> 27:33.200]  The issue is, I was at a town board meeting and I was doing public comment-
[27:33.200 --> 27:34.880]  Okay, hold on, hold on.
[27:34.880 --> 27:38.720]  Back the mic a little away from your mouth, you're overdriving the mic.
[27:38.720 --> 27:39.720]  Okay.
[27:39.720 --> 27:48.920]  I was at a town board meeting and it was during public comment.
[27:48.920 --> 27:50.160]  One lady had already spoke.
[27:50.160 --> 27:54.200]  She used her three minutes and pretty much everybody else has spoke.
[27:54.200 --> 27:55.400]  I did not speak.
[27:55.400 --> 28:02.120]  I was there for something else and a lady asked if she could have another three minutes.
[28:02.120 --> 28:07.840]  They told her no and I offered her my three minutes.
[28:07.840 --> 28:12.920]  The chairman first said okay and then she stood up to go again and he said, no, I said
[28:12.920 --> 28:13.920]  only once.
[28:13.920 --> 28:18.360]  I said, well, I gave her my three minutes and I'm allowed to give my three minutes to
[28:18.360 --> 28:21.800]  who I want to speak for me.
[28:21.800 --> 28:28.600]  Pretty much at that point, I was taken out by the police physically and taken out the
[28:28.600 --> 28:29.600]  door.
[28:29.600 --> 28:33.600]  Once they got me out the door, they tried throwing me to the ground and arresting me.
[28:33.600 --> 28:34.600]  Wow.
[28:34.600 --> 28:37.200]  Well, obviously, you did such a horrible thing.
[28:37.200 --> 28:43.520]  I mean, how dare you give that lady your three minutes?
[28:43.520 --> 28:46.440]  Were you signed up to speak?
[28:46.440 --> 28:50.800]  No, there was no... It was public comments.
[28:50.800 --> 28:57.120]  Everybody gets three minutes and the main issue was they were trying to bring in federal
[28:57.120 --> 29:01.040]  housing and most of the town was against the federal housing coming into it.
[29:01.040 --> 29:05.240]  We're a one horse town, very small.
[29:05.240 --> 29:12.760]  I was there for a gravel permit from our property that was denied last year and our property
[29:12.760 --> 29:18.080]  borders another property that is a gravel fit, existing gravel fit, and they were up
[29:18.080 --> 29:19.080]  for renewal.
[29:19.080 --> 29:23.440]  I was there to protest their renewal, which I never got to because I was hauled to jail
[29:23.440 --> 29:26.360]  before that.
[29:26.360 --> 29:28.360]  What did they charge you with?
[29:28.360 --> 29:36.840]  See, when I left, when they arrested me, they hauled me, which our jail was 35 miles away.
[29:36.840 --> 29:39.160]  I never got any charges handed to me that night.
[29:39.160 --> 29:40.160]  I got a court date.
[29:40.160 --> 29:47.120]  It was April 13th, just as it happened, and disorderly conduct is what I've got.
[29:47.120 --> 29:53.400]  After I went to court on the 13th or the 17th of June, May, I mean, excuse me.
[29:53.400 --> 30:01.320]  Have you read the statute in Wisconsin for disorderly conduct?
[30:01.320 --> 30:05.720]  Everyone knows that walking is a great exercise, but you might not know that the way you walk
[30:05.720 --> 30:07.760]  could predict how long you're going to live.
[30:07.760 --> 30:13.080]  I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication
[30:13.080 --> 30:14.800]  in just a moment.
[30:14.800 --> 30:16.380]  Privacy is under attack.
[30:16.380 --> 30:20.780]  When you give up data about yourself, you'll never get it back again, and once your privacy
[30:20.780 --> 30:24.760]  is gone, you'll find your freedoms will start to vanish, too.
[30:24.760 --> 30:29.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.800 --> 30:32.520]  Privacy, it's worth hanging onto.
[30:32.520 --> 30:36.820]  This public service announcement is brought to you by StartPage.com, the private search
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[30:40.360 --> 30:43.640]  Start over with StartPage.
[30:43.640 --> 30:48.040]  New research shows how fast you walk could predict how long you're going to live.
[30:48.040 --> 30:52.640]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.640 --> 30:55.880]  per second or faster live longer than expected.
[30:55.880 --> 31:00.280]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.280 --> 31:04.960]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.960 --> 31:07.680]  as more traditional statistical measures.
[31:07.680 --> 31:10.640]  Generally speaking, faster walkers live longer.
[31:10.640 --> 31:13.120]  Measuring walking speed is quick and inexpensive.
[31:13.120 --> 31:16.960]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.960 --> 31:21.120]  Researchers say it could help doctors identify older patients who need special care.
[31:21.120 --> 31:23.040]  I'm Dr. Catherine Albrecht.
[31:23.040 --> 31:30.480]  More news and information at CatherineAlbrecht.com.
[31:30.480 --> 31:31.480]  I lost my son.
[31:31.480 --> 31:32.480]  My nephew.
[31:32.480 --> 31:33.480]  My uncle.
[31:33.480 --> 31:34.480]  My son.
[31:34.480 --> 31:35.480]  On September 11th, 2001.
[31:35.480 --> 31:38.760]  Most people don't know that a third tower fell on September 11th.
[31:38.760 --> 31:42.840]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.840 --> 31:46.720]  Although the official explanation is that fire brought down Building 7.
[31:46.720 --> 31:51.560]  Over 1,200 architects and engineers have looked into the evidence and believe there is more
[31:51.560 --> 31:52.560]  to the story.
[31:52.560 --> 31:53.920]  Bring justice to my son.
[31:53.920 --> 31:54.920]  My uncle.
[31:54.920 --> 31:55.920]  My nephew.
[31:55.920 --> 31:56.920]  My son.
[31:56.920 --> 31:57.920]  Go to buildingwhat.org.
[31:57.920 --> 31:58.920]  Why it fell.
[31:58.920 --> 31:59.920]  Why it matters.
[31:59.920 --> 32:01.640]  And what you can do.
[32:01.640 --> 32:06.000]  Are you looking to have a closer relationship with God and a better understanding of His
[32:06.000 --> 32:07.000]  Word?
[32:07.000 --> 32:11.760]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for
[32:11.760 --> 32:17.320]  Scripture Talk where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2
[32:17.320 --> 32:18.320]  15.
[32:18.320 --> 32:23.120]  Study to show thyself approved unto God, a workman that needed not to be ashamed, rightly
[32:23.120 --> 32:25.520]  dividing the Word of Truth.
[32:25.520 --> 32:29.500]  Starting in January, our first-hour studies are in the Book of Mark where we'll go verse
[32:29.500 --> 32:32.800]  by verse and discuss the true Gospel message.
[32:32.800 --> 32:37.440]  Our second-hour topical studies will vary each week with discussions on sound doctrine
[32:37.440 --> 32:39.840]  and Christian character development.
[32:39.840 --> 32:44.360]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.360 --> 32:48.720]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.720 --> 32:50.360]  of our Lord and Savior Jesus.
[32:50.360 --> 32:57.600]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and
[32:57.600 --> 33:02.720]  motivate your studies of the Scriptures.
[33:02.720 --> 33:06.000]  Live free speech radio, LogosRadioNetwork.com.
[33:06.000 --> 33:13.000]  Yeah, yeah, oh, yeah, I walk the road, I walk the road, I walk the road, I walk the
[34:06.000 --> 34:07.000]  road.
[34:07.000 --> 34:08.000]  Okay.
[34:08.000 --> 34:09.000]  We are back.
[34:09.000 --> 34:10.000]  Randy Felt, Brett Fountain, Rue La Radio.
[34:10.000 --> 34:15.280]  And off the break, Brett looked up disorderly conduct in Wisconsin.
[34:15.280 --> 34:17.360]  Brett, would you address that?
[34:17.360 --> 34:19.400]  Yeah, sure.
[34:19.400 --> 34:22.480]  You may have looked at this yourself, hopefully so.
[34:22.480 --> 34:24.080]  If not, you should.
[34:24.080 --> 34:34.200]  I'm finding it here under what looks like in the statutes, it says 947.01, disorderly
[34:34.200 --> 34:35.200]  conduct.
[34:35.200 --> 34:43.920]  And it's got what looks like is really more severe than what you're describing here.
[34:43.920 --> 34:52.280]  It says, whoever in a public or private place engages in violent, abusive, indecent, profane,
[34:52.280 --> 35:00.360]  boisterous, unreasonably loud or otherwise disorderly conduct, they use the definition
[35:00.360 --> 35:01.360]  in the definition.
[35:01.360 --> 35:08.240]  They use the term in the definition that's being defined, but it says, this conduct is
[35:08.240 --> 35:15.920]  under circumstances in which the conduct tends to cause or promote a disturbance.
[35:15.920 --> 35:19.040]  So that's pretty intense, right?
[35:19.040 --> 35:26.120]  Yeah, I was charged with also a felony of resisting an officer and causing a soft tissue
[35:26.120 --> 35:28.360]  injury to the officer.
[35:28.360 --> 35:31.640]  What, the poor guy, what happened?
[35:31.640 --> 35:37.800]  Oh, it's crazy, they got me outside, they tried tackling me, now I'm 55 years old, I'm
[35:37.800 --> 35:42.440]  not in terrible shape, but I'm not in real good shape, but they tried tackling me and
[35:42.440 --> 35:48.080]  long story short, I'm telling them to knock it off, I end up on top of the chief of police
[35:48.080 --> 35:54.320]  and another officer pushing me down into him and I'm yelling at him to knock it off.
[35:54.320 --> 35:59.080]  You're crushing your other officer and I asked Tony, who is the chief of police, if
[35:59.080 --> 36:05.640]  he was okay and I tell the other officer to knock it off again and he finally did, I helped
[36:05.640 --> 36:11.640]  the chief up and then I let them cuff me and yeah, then they're taking me to the squad
[36:11.640 --> 36:16.840]  car and now I was giving them disorderly conduct.
[36:16.840 --> 36:21.880]  The way I looked at it is once they grabbed me inside for no reason, giving somebody three
[36:21.880 --> 36:28.160]  minutes of my time, to me that's assault, they had no business touching me and they
[36:28.160 --> 36:33.920]  also assaulted my wife in the same manner by grabbing her and holding her back from
[36:33.920 --> 36:40.560]  grabbing my phone and recording stuff when they tried tackling me.
[36:40.560 --> 36:45.440]  They didn't tell me I was under arrest when they grabbed me, so therefore I wasn't under
[36:45.440 --> 36:51.200]  arrest, they had no business to touch me as far as I know and then they get me outside
[36:51.200 --> 36:54.680]  and they never read me my rights, none of that.
[36:54.680 --> 37:01.800]  Have you charged them with aggravated assault with a deadly weapon?
[37:01.800 --> 37:08.640]  I tried to, I actually, when they released me, it's right next to the sheriff's office,
[37:08.640 --> 37:16.240]  so I had them dispatch a sheriff and they refused to press charges or file a complaint.
[37:16.240 --> 37:25.880]  What does the law in Wisconsin say that a police officer must do when he's made known
[37:25.880 --> 37:30.120]  that a crime has been committed?
[37:30.120 --> 37:34.080]  Let me explain why I ask that question that way.
[37:34.080 --> 37:42.200]  In Texas, Article 2.13 says that when a peace officer is made known that a crime has been
[37:42.200 --> 37:48.960]  committed, he shall give notice to some magistrate.
[37:48.960 --> 37:52.160]  Do you have something similar in Wisconsin?
[37:52.160 --> 38:01.200]  I guess I'm not following what you mean, he filed a complaint with them, I guess.
[38:01.200 --> 38:02.760]  Hold on, hold on.
[38:02.760 --> 38:09.680]  Let me just clarify here, the police filing a complaint is different from you filing a
[38:09.680 --> 38:10.680]  complaint.
[38:10.680 --> 38:18.320]  It's not just you telling some officer, sheriff, whoever, hey, I need you to file a complaint.
[38:18.320 --> 38:23.640]  That's one way, but if you file a complaint, that's something else.
[38:23.640 --> 38:27.280]  So you're their duty to act.
[38:27.280 --> 38:29.520]  Let me address this.
[38:29.520 --> 38:38.960]  When a policeman files a criminal complaint, he does not do so in his capacity as a policeman.
[38:38.960 --> 38:45.200]  In no state have I ever seen any law that gives a policeman a special capacity to file
[38:45.200 --> 38:47.800]  a criminal complaint.
[38:47.800 --> 38:55.040]  All citizens have the right and the duty to file criminal complaints when they have knowledge
[38:55.040 --> 38:57.680]  that a crime has been committed.
[38:57.680 --> 39:03.320]  In a felony, in Texas, if it's a felony with bodily injury and you have knowledge of it
[39:03.320 --> 39:07.080]  and you don't file it, that's a crime in itself.
[39:07.080 --> 39:15.480]  So any citizen in most any state has the right and the duty to file a criminal complaint.
[39:15.480 --> 39:22.080]  When a policeman files a complaint, he does so in his capacity as a citizen.
[39:22.080 --> 39:25.880]  You have the same capacity.
[39:25.880 --> 39:34.020]  Read your criminal procedure code for Wisconsin and then read your penal code.
[39:34.020 --> 39:35.020]  Read them twice.
[39:35.020 --> 39:38.040]  Read it the first time.
[39:38.040 --> 39:47.360]  Don't try to understand it, just read it because the laws aren't enacted in order.
[39:47.360 --> 39:52.320]  You have a law in the front that refers to a law in the back and it jumps all over the
[39:52.320 --> 39:53.320]  place.
[39:53.320 --> 39:58.440]  So just read it through and then go back and read it a second time.
[39:58.440 --> 40:01.680]  All these pieces will start connecting together.
[40:01.680 --> 40:06.200]  I'm telling you, it'll read like a comic book.
[40:06.200 --> 40:10.440]  You'll be laughing and giggling at all the fine stuff you find in there you can beat
[40:10.440 --> 40:12.440]  them up with.
[40:12.440 --> 40:18.560]  I can almost guarantee you that no prosecutor or no policeman has ever read it the first
[40:18.560 --> 40:22.520]  time, much less twice.
[40:22.520 --> 40:26.120]  And it's outlined, so there's lots of white space.
[40:26.120 --> 40:30.680]  You get the book and it looks real big, but when you start going through it, there's all
[40:30.680 --> 40:34.480]  kind of white space in there, so it reads very quickly.
[40:34.480 --> 40:40.940]  You read that thing twice, then go back and look at what they did and compare it to what
[40:40.940 --> 40:41.940]  you just read.
[40:41.940 --> 40:45.520]  You'll be surprised what you find.
[40:45.520 --> 40:55.080]  Take a look at, in Wisconsin there, take a look at 968.01 and especially subsection two
[40:55.080 --> 40:56.080]  there.
[40:56.080 --> 41:02.600]  It says, the complaint is a written instrument of the essential facts constituting the offense
[41:02.600 --> 41:03.600]  charged.
[41:03.600 --> 41:11.280]  A person may make a complaint on information and belief, and then it says, accept as provided
[41:11.280 --> 41:17.640]  in these other subsections, the complaint shall be made upon oath before a district
[41:17.640 --> 41:21.760]  attorney or judge as provided in this chapter.
[41:21.760 --> 41:28.840]  So there's your starting point, your springboard to figure out where to take this to, what
[41:28.840 --> 41:30.600]  it means to have in it.
[41:30.600 --> 41:34.720]  And then look under duties of officers.
[41:34.720 --> 41:41.200]  In Texas, under duties of officers, the first officer they address is a prosecutor.
[41:41.200 --> 41:46.560]  And it says, when a prosecutor is made known that a crime has been committed, he shall
[41:46.560 --> 41:49.320]  give notice to some magistrate.
[41:49.320 --> 41:54.840]  Actually, it says only do that in the case of a felony.
[41:54.840 --> 42:00.880]  If it's a misdemeanor, he's to give notice to the clerk of the court of jurisdiction.
[42:00.880 --> 42:04.560]  Read what it says in Wisconsin.
[42:04.560 --> 42:10.240]  When I say this will read like a comic book, you'll read that and you'll be amazed at what
[42:10.240 --> 42:16.320]  you see, all the stuff you can beat them up with.
[42:16.320 --> 42:22.040]  Their own laws, the way they use their laws, these guys don't have a clue as to what the
[42:22.040 --> 42:23.920]  law says.
[42:23.920 --> 42:29.520]  They're trained to do what everybody's been doing.
[42:29.520 --> 42:36.120]  You heard me speak to my son-in-law, who's a justice of the peace.
[42:36.120 --> 42:39.680]  And he talked to me and I walked him through the codes.
[42:39.680 --> 42:44.720]  And then he went to training that the state provided and it was nothing like what the
[42:44.720 --> 42:47.920]  code said.
[42:47.920 --> 42:51.120]  You can use this to your advantage.
[42:51.120 --> 42:56.240]  These police think that what they were doing was in furtherance of code and for the most
[42:56.240 --> 42:59.640]  part it is not.
[42:59.640 --> 43:08.200]  So read the codes, read them twice, read them both times, just read through them quickly.
[43:08.200 --> 43:11.740]  And when you read through the second time, your brain will start stitching all these
[43:11.740 --> 43:22.280]  pieces together and then call us back next week and we will have an interesting conversation.
[43:22.280 --> 43:25.440]  That statue was 968 what?
[43:25.440 --> 43:32.680]  Yeah, 968.01 subsection two.
[43:32.680 --> 43:37.440]  Read that whole section and it'll help you stitch all those pieces together.
[43:37.440 --> 43:41.320]  When you read the whole thing, there's a lot of it that really doesn't apply.
[43:41.320 --> 43:44.480]  So you just kind of skim through it.
[43:44.480 --> 43:46.080]  But you never know what's going to apply.
[43:46.080 --> 43:50.600]  So read them twice, call us back next week and let's have an interesting conversation.
[43:50.600 --> 43:54.920]  We're about to go to our sponsors, Randy Fountain, Brett Fountain, the wheel of our
[43:54.920 --> 43:55.920]  radio.
[43:55.920 --> 43:56.920]  We'll be right back.
[43:56.920 --> 44:05.360]  Through advances in technology, our lives have greatly improved, except in the area
[44:05.360 --> 44:06.760]  of nutrition.
[44:06.760 --> 44:10.960]  People feed their pets better than they feed themselves and it's time we changed all that.
[44:10.960 --> 44:17.160]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[44:17.160 --> 44:23.520]  In a world where natural foods have been irradiated, adulterated, and mutilated, Young Jevity can
[44:23.520 --> 44:25.640]  provide the nutrients you need.
[44:25.640 --> 44:30.640]  Logos Radio Network gets many requests to endorse all sorts of products, most of which
[44:30.640 --> 44:31.640]  we reject.
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[44:59.400 --> 45:04.400]  Are you the plaintiff or defendant in a lawsuit?
[45:04.400 --> 45:07.640]  Win your case without an attorney with Juris Dictionary.
[45:07.640 --> 45:14.320]  The affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by
[45:14.320 --> 45:15.320]  step.
[45:15.320 --> 45:18.920]  If you have a lawyer, know what your lawyer should be doing.
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[45:52.120 --> 46:10.040]  Please visit ruleoflawradio.com and click on the banner, or call toll-free, 866-LAW-EZ.
[46:10.040 --> 46:30.460]  Oh, yeah, always, I must be careful what I'm wishin' for.
[46:30.460 --> 46:32.400]  When I'm hungry I like to know just what I'm fishin' for.
[46:32.400 --> 46:52.200]  Okay, we are back. Randy Helton, Brett Fountain, Rue La Radio, and Lewis. Just read through
[46:52.200 --> 46:57.320]  those. Now, when you read the codes, both the Code of Criminal Procedure, the Criminal
[46:57.320 --> 47:03.000]  Procedure Code, I've changed that because Texas has a different way of saying it. Most
[47:03.000 --> 47:07.480]  states call it Criminal Procedure Code. You probably only need to go through the first
[47:07.480 --> 47:13.480]  half because you'll get, after the first half, you'll get into some really obscure stuff
[47:13.480 --> 47:19.520]  and you'll know when you get into that stuff. And then read the Penal Code. The Penal Code
[47:19.520 --> 47:31.040]  is the best because the Penal Code applies to everybody, police and public alike. Read
[47:31.040 --> 47:36.880]  Criminal Procedure Code, Penal Code. Go back, read Criminal Procedure Code, Penal Code again
[47:36.880 --> 47:43.920]  and you will know far more about these codes than they do. Then call us back next week.
[47:43.920 --> 47:54.360]  All right, I will do that. And we will have an interesting conversation. Okay. Same number
[47:54.360 --> 48:07.640]  then? Say that again. Call the same number again? Absolutely. Okay. Okay, thank you Lewis.
[48:07.640 --> 48:17.880]  Thank you. Okay, now we're going to Ms. Mary in Austin. Hello, Ms. Mary. Hey guys, how's
[48:17.880 --> 48:26.400]  it going? It's going good. Mary is my sweetheart. Mary is so cool. We were sitting in a restaurant
[48:26.400 --> 48:38.360]  in Austin and I, and I, right on the lake, she remembers and I sneeze and my teeth bounced
[48:38.360 --> 48:51.440]  across the table and fell on the floor. And she didn't even make a big deal of it. You
[48:51.440 --> 48:58.920]  remember that? To go do something dangerous? We had bigger things on our minds than our
[48:58.920 --> 49:04.720]  teeth falling out or our gray hair. Were you about to go see the governor or something
[49:04.720 --> 49:11.720]  or try to go to court? Yeah, it gets really bad when you're sitting in Austin on the lake
[49:11.720 --> 49:22.040]  at a nice restaurant with a hot babe and your teeth bounce across. Oh, that was bad. Okay.
[49:22.040 --> 49:31.640]  It kind of ruins the moment. Yeah, it does. Okay. What do you have? Well, you're one of
[49:31.640 --> 49:42.720]  the people I have respect for. You have really done the work. Okay, so my first question,
[49:42.720 --> 49:54.600]  is it indigenously indignant or indigenous? Indigenously indignant or indignantly indigenous?
[49:54.600 --> 50:03.760]  Well, I don't know. Somebody used the term indigenously and I thought he was using indigeneous
[50:03.760 --> 50:12.640]  and indig, indignant, but he's trying to say indigeneous. I can't even say it now. Indigent.
[50:12.640 --> 50:20.360]  It's just three... Are they mad? Are they previously native? Why are they broke? Broke.
[50:20.360 --> 50:32.120]  I'm going to say it next time I'm indignant. And I just need a couple of comments before
[50:32.120 --> 50:39.400]  I launch into my ails. Eric, I'm thinking Eric should sue the city manager. I don't
[50:39.400 --> 50:46.160]  know why he thinks the mayor is so damn powerful. Go for that city manager for arbitrary, frivolous
[50:46.160 --> 50:54.280]  and discriminatory public policy. I'm just thinking maybe. It's just, they want to make
[50:54.280 --> 50:59.760]  a public decorum and public policy and then they want to infact it for their own benefit.
[50:59.760 --> 51:05.280]  Well, that's arbitrary. It's frivolous and it's discriminatory and screw the mayor. He's
[51:05.280 --> 51:12.920]  a nobody. He's a mascot. He gets changes with the weather, every blue moon. Let's go for
[51:12.920 --> 51:22.040]  the manager. Let's go for the city manager. How do we get to the city manager? Well, just
[51:22.040 --> 51:28.960]  blame everything on him. He's just suing for having frivolous policy. Discriminatory.
[51:28.960 --> 51:38.320]  Yeah, but does the city manager make policy? Well, yeah. I would say, I mean, I know there's
[51:38.320 --> 51:43.280]  the technicalities that you're looking for, but in general, I'm saying he's going to have
[51:43.280 --> 51:50.240]  the onus for the city structure, just like the governor here with the state. So these
[51:50.240 --> 52:01.240]  guys are right there in front of us waiting to be sued. All of them. I like that phrase.
[52:01.240 --> 52:08.520]  Arbitrary public policy. Well, arbitrary and discriminatory. And capricious. Yeah, capricious
[52:08.520 --> 52:16.880]  is the word I was looking for, because they were talking about that on Boston Legal. Capricious.
[52:16.880 --> 52:23.520]  It's just an idea. It's just an idea. Don't forget the city managers. And then I liked
[52:23.520 --> 52:30.880]  your discussion earlier about frivolous. You know, we have a lot of friends here and they're
[52:30.880 --> 52:39.800]  sued to be called frivolous. And so how do we call their suit frivolous? Yeah. And generally,
[52:39.800 --> 52:46.080]  that's pretty easy. Lawyers are really bad about throwing in their favorite arguments,
[52:46.080 --> 52:52.240]  whether they apply or not. Yeah. Yeah. I think I have that. Yeah. Yeah. And what people don't
[52:52.240 --> 52:59.640]  do is they hear the argument and they jump in to challenge the argument and they don't
[52:59.640 --> 53:08.480]  take a step back and say, wait a minute, wait a minute. Do I need to address this? Yeah.
[53:08.480 --> 53:13.920]  Does it even matter? And a number of times I've been helping people where I get all of
[53:13.920 --> 53:21.360]  these arguments by the lawyers on the other side. And one in particular, Brett, you remember
[53:21.360 --> 53:26.880]  Philip, we had all these arguments and we put in the response that we weren't, we're
[53:26.880 --> 53:32.880]  not going to address this list of arguments as they're absolutely frivolous and have no
[53:32.880 --> 53:38.320]  bearing on anything. So we won't waste the court's time with them. That even if what
[53:38.320 --> 53:42.800]  the lawyers were arguing was absolutely true, it wouldn't make any difference at the end
[53:42.800 --> 53:51.240]  of the day. So we just ignore them. That's a consideration everyone needs to make. Lawyers
[53:51.240 --> 53:58.800]  know that if they poke the bear, the bear will jump. What happens? What I enjoyed about
[53:58.800 --> 54:06.480]  that is that the attorneys were having to respond to me, random, just dude that doesn't
[54:06.480 --> 54:15.360]  have anything to do with the case because I was making a lot of records requests. Okay.
[54:15.360 --> 54:20.440]  I wanted to see, well, I hear about this going on over there. I hear that you're doing this
[54:20.440 --> 54:25.440]  and that and the other, and I want to see some records. And the attorneys kept on getting
[54:25.440 --> 54:31.440]  all that funneled to them. The attorneys kept on trying to talk to me about it. And so while
[54:31.440 --> 54:38.560]  they were juggling this other, they were doing that at the same time. That's what I thought
[54:38.560 --> 54:39.560]  was fun.
[54:39.560 --> 54:50.400]  Yeah. Well, that's when you started hammering the attorneys, like get lost, shoot, go away.
[54:50.400 --> 55:00.640]  And after all this time doing what we do, there are just things we miss. Things we don't,
[55:00.640 --> 55:05.840]  that never comes to mind. And the idea that I don't have to talk to an attorney is not
[55:05.840 --> 55:14.840]  something that came to mind. And Brett came up with that and it was so logical and reasonable
[55:14.840 --> 55:22.120]  that I was annoyed that I never thought of it. Why should I waste my time with this attorney?
[55:22.120 --> 55:33.800]  I didn't hire him. Especially if you're pro se. If both sides had counsel, then in their
[55:33.800 --> 55:42.760]  contractual agreements, the litigant, the client agrees not to talk to the opposing
[55:42.760 --> 55:50.200]  client. Well, lawyers are real accustomed to that. But when they're dealing with a pro
[55:50.200 --> 55:57.200]  se, the pro se doesn't have that restriction. So even if the client on the other side can't
[55:57.200 --> 56:03.480]  talk to the pro se, the pro se can talk to the client. And if the lawyer don't like it,
[56:03.480 --> 56:14.080]  who cares? And the pro se litigant has no duty to talk to this third party interloper.
[56:14.080 --> 56:17.720]  You got some bad legal advice? I don't want to have to take the time to correct you. Go
[56:17.720 --> 56:24.120]  give your legal advice to whoever paid for it. Exactly. I'll hammer him for your bad
[56:24.120 --> 56:32.480]  legal advice. Why I'm taking on a different tact. I'm consuming some amount of equality
[56:32.480 --> 56:38.680]  with these guys. And right now I'm going against an international firm. I try to get names
[56:38.680 --> 56:48.480]  of partners when I'm doing my suits, civil suits. I'm sorry, civil suits. And she said,
[56:48.480 --> 56:58.840]  she thought about 1,500, they're international. And so it's funny to annoy them by kind of
[56:58.840 --> 57:05.520]  treating myself as an equal. And I try to spend as much time as I can talking to them
[57:05.520 --> 57:11.400]  because I want them to have a good billing for their client, who I'm suing. So I'm looking
[57:11.400 --> 57:16.640]  at it more like we both want to bill with your client. And let's see, you know, if we
[57:16.640 --> 57:24.040]  can get to the agreement. There's a couple of things I was wanting to mention, but I'll
[57:24.040 --> 57:36.520]  get those for now. Regarding my problem is that Brett's good advice on the notice of
[57:36.520 --> 57:43.280]  appeal being 10 days, I did not take. I went to the state law library and talked to somebody
[57:43.280 --> 57:54.240]  there and running the computers and helping me. And I guess I was misconstrued about how
[57:54.240 --> 58:00.400]  long does it take to get an appeal. So I sent in my notice of appeal this week at 17th day
[58:00.400 --> 58:15.200]  mark instead of the 10th day mark. How screwed am I? I think you're screwed. The judge is
[58:15.200 --> 58:22.800]  not going to allow it under the rules. But did you before that, did you give any kind
[58:22.800 --> 58:29.640]  of emotion for the judge to fix that bad ruling? Because if you did, you just bumped your deadline
[58:29.640 --> 58:35.440]  out to 90 days. I told her, I thought it wasn't constitutional and I wanted the transcript.
[58:35.440 --> 58:45.360]  I don't know if I'd count as a motion to reconsider, a motion to modify, correct or reform. We'll
[58:45.360 --> 58:50.800]  have to talk about that on the other side though. We'll be right back. Would you like
[58:50.800 --> 58:56.200]  to make more definite progress in your walk with God? Bibles for America is offering a
[58:56.200 --> 59:01.760]  free study Bible and a set of free Christian books that can really help. The New Testament
[59:01.760 --> 59:06.960]  recovery version is one of the most comprehensive study Bibles available today. It's an accurate
[59:06.960 --> 59:11.760]  translation and it contains thousands of footnotes that will help you to know God and to know
[59:11.760 --> 59:17.120]  the meaning of life. The free books are a three volume set called Basic Elements of
[59:17.120 --> 59:22.320]  the Christian Life. Chapter by chapter, Basic Elements of the Christian Life clearly presents
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[59:28.560 --> 59:34.680]  free New Testament recovery version and Basic Elements of the Christian Life, call Bibles
[59:34.680 --> 01:00:02.320]  for America toll free at 888-551-0102. That's 888-551-0102 or visit us online at bfa.org.
[01:00:02.320 --> 01:00:06.600]  The Bill of Rights contains the first 10 amendments of our Constitution. They guarantee you the
[01:00:06.600 --> 01:00:11.600]  specific freedoms Americans should know and protect. Our liberty depends on it. I'm Dr.
[01:00:11.600 --> 01:00:15.040]  Catherine Albrecht and I'll be right back with an unforgettable way to remember one
[01:00:15.040 --> 01:00:20.480]  of your constitutional rights. Privacy is under attack. When you give up data about
[01:00:20.480 --> 01:00:25.040]  yourself, you'll never get it back again. And once your privacy is gone, you'll find
[01:00:25.040 --> 01:00:30.440]  your freedoms will start to vanish too. So protect your rights. Say no to surveillance
[01:00:30.440 --> 01:00:36.120]  and keep your information to yourself. Privacy, it's worth hanging on to. This public service
[01:00:36.120 --> 01:00:41.520]  announcement is brought to you by Startpage.com, the private search engine alternative to Google,
[01:00:41.520 --> 01:00:48.080]  Yahoo and Bing. Start over with Startpage. Imagine your mom and dad are getting ready
[01:00:48.080 --> 01:00:53.120]  for bed. They pull back the covers and find a third party there. He announces, I'm with
[01:00:53.120 --> 01:00:57.080]  the military and I'm sleeping here tonight. That shocking image of a third party in my
[01:00:57.080 --> 01:01:01.840]  parents' bed reminds me what the Third Amendment was designed to prevent. It protects us from
[01:01:01.840 --> 01:01:06.200]  being forced to share our homes with soldiers, a common demand in the days of our founding
[01:01:06.200 --> 01:01:11.040]  fathers. Third party, Third Amendment? Get it? So if you answer a knock at your door
[01:01:11.040 --> 01:01:15.080]  and guys in fatigues demand lodging, tell them to dust off their copy of the Bill of
[01:01:15.080 --> 01:01:19.960]  Rights and reread the Third Amendment. I'm Dr. Catherine Albrecht. More news and information
[01:01:19.960 --> 01:01:35.880]  at CatherineAlbrecht.com. The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.880 --> 01:01:40.280]  They guarantee the specific freedoms Americans should know and protect. Our liberty depends
[01:01:40.280 --> 01:01:44.320]  on it. I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to
[01:01:44.320 --> 01:01:49.840]  remember one of your constitutional rights. Privacy is under attack. When you give up
[01:01:49.840 --> 01:01:54.680]  data about yourself, you'll never get it back again. And once your privacy is gone,
[01:01:54.680 --> 01:02:00.440]  you'll find your freedoms will start to vanish too. So protect your rights. Say no to surveillance
[01:02:00.440 --> 01:02:06.120]  and keep your information to yourself. Privacy, it's worth hanging on to. This public service
[01:02:06.120 --> 01:02:11.520]  announcement is brought to you by StartPage.com, the private search engine alternative to Google,
[01:02:11.520 --> 01:02:19.400]  Yahoo and Bing. Start over with StartPage. Imagine four eyes staring at you through binoculars,
[01:02:19.400 --> 01:02:24.400]  a magnifying glass or a pair of x-ray goggles. That imagery reminds me that the Fourth Amendment
[01:02:24.400 --> 01:02:29.280]  guarantees Americans freedom from unreasonable search and seizure. Fourth Amendment, four
[01:02:29.280 --> 01:02:33.840]  eyes staring at you, get it? Unfortunately, the government is trampling our Fourth Amendment
[01:02:33.840 --> 01:02:39.240]  rights in the name of security. Case in point, TSA airport scanners that peer under your
[01:02:39.240 --> 01:02:43.960]  clothing. When government employees demand a peep at your privates without probable cause,
[01:02:43.960 --> 01:02:48.800]  I say it's time to sound the constitutional alarm bells. Join me in asking our representatives
[01:02:48.800 --> 01:02:53.560]  to dust off the Bill of Rights and use their googly eyes to take a gander at the Fourth.
[01:02:53.560 --> 01:03:20.560]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:20.560 --> 01:03:48.760]  Okay, we are back. Randy Kelton, Brett Fountain, We've Love Radio. We're talking to Mary in
[01:03:48.760 --> 01:03:56.520]  Texas. Mary, we got a board full of callers, another first time caller, and we're running
[01:03:56.520 --> 01:04:02.800]  out of time. Let's get to the point so we can move on down.
[01:04:02.800 --> 01:04:09.280]  So, can I get the judge? So, I'm going to appeal this, even though I put in a notice
[01:04:09.280 --> 01:04:15.720]  to appeal at seven days late. So, what are you all expecting is going to happen? I mean,
[01:04:15.720 --> 01:04:20.880]  I presented the document to the other party, certified mail, email, regular mail, and I
[01:04:20.880 --> 01:04:30.640]  produced it by hand at 100 Congress on my day off on Thursday. So, the document is delivered.
[01:04:30.640 --> 01:04:37.440]  Since you're doing this as practice, just run them through the system. When you file
[01:04:37.440 --> 01:04:46.360]  this, the court is going to refuse to hear your complaint because it's not timely. And
[01:04:46.360 --> 01:04:53.520]  then, because you didn't get timely response this time, then you file a timely response
[01:04:53.520 --> 01:05:00.680]  the next time, giving notice that you intend to appeal the Court of Appeals decision to
[01:05:00.680 --> 01:05:08.080]  the Supreme. Have you ever written a cert, a certiorari to the Supreme?
[01:05:08.080 --> 01:05:11.720]  No, and I could come up with an argument for anything.
[01:05:11.720 --> 01:05:18.800]  Yeah, so come up with an argument. Heck, you got nothing to lose?
[01:05:18.800 --> 01:05:25.640]  Well, but how long can I drag this out? Because they're going to want a hearing to dismiss
[01:05:25.640 --> 01:05:30.720]  this. I'm going to tell them I want extra time on the hearing because I'm working overtime
[01:05:30.720 --> 01:05:32.920]  as a public servant with the city.
[01:05:32.920 --> 01:05:41.640]  No, what's going to happen is the court will deny your appeal sui sponte.
[01:05:41.640 --> 01:05:44.640]  So, no hearing?
[01:05:44.640 --> 01:05:45.640]  No hearing.
[01:05:45.640 --> 01:05:47.640]  No, no fun. Okay.
[01:05:47.640 --> 01:05:56.800]  I know, but then you can appeal that ruling to the Supreme. And the Supreme won't hear
[01:05:56.800 --> 01:06:06.720]  it, but it's really good practice. And if you haven't done a cert to the Supreme, you
[01:06:06.720 --> 01:06:13.760]  need to do it once. You get a feel for how the structure, they have special rules for
[01:06:13.760 --> 01:06:21.520]  how to structure a cert, and I can walk you through that. You start out with a table of
[01:06:21.520 --> 01:06:27.280]  contents and then a table of authorities, and they have some special ways they want
[01:06:27.280 --> 01:06:33.400]  you to set it up with wide margins and all kinds of stuff. Do you do that once?
[01:06:33.400 --> 01:06:39.960]  So, is there any way that I can just go ahead and write the appeal without a notice of appeal?
[01:06:39.960 --> 01:06:45.040]  If the appeal needs to be written within 30 days, can I just throw a regular appeal in
[01:06:45.040 --> 01:06:46.040]  within 30 days?
[01:06:46.040 --> 01:06:56.000]  Well, you can't do it if they deny you in your appeal. No, you can't. But then you
[01:06:56.000 --> 01:07:02.400]  can appeal, you can file a notice of appeal of that ruling and then file your appeal with
[01:07:02.400 --> 01:07:03.400]  the Supreme.
[01:07:03.400 --> 01:07:08.120]  Well, how much work is the firm going to be doing against me on this? Or is it all in
[01:07:08.120 --> 01:07:09.120]  the judge's hand?
[01:07:09.120 --> 01:07:12.680]  Yeah, this is all in the judge's hand.
[01:07:12.680 --> 01:07:21.640]  Okay. Well, my backup to this is I'm going to go to the state bar and make them culpable
[01:07:21.640 --> 01:07:32.000]  for this loss because of lack of ease to access these courts and stuff like that as a citizen
[01:07:32.000 --> 01:07:37.600]  or to find an attorney on these type of cases for pro bono for a dangerous work environment.
[01:07:37.600 --> 01:07:44.400]  So, I'm thinking I might be able to pull in the state bar with some minimal evidence.
[01:07:44.400 --> 01:07:53.280]  The more you pull in the better. This is for practice. You got nothing to lose at this
[01:07:53.280 --> 01:07:54.280]  point.
[01:07:54.280 --> 01:07:55.280]  Right.
[01:07:55.280 --> 01:08:00.000]  So, use them for legal education.
[01:08:00.000 --> 01:08:06.720]  Well, how culpable do you all think in general the state of Texas and the Texas state bar
[01:08:06.720 --> 01:08:13.800]  is to provide equal access to the court for the poor or whatnot?
[01:08:13.800 --> 01:08:21.560]  Well, have you been granted indigent status?
[01:08:21.560 --> 01:08:26.240]  On this one I have.
[01:08:26.240 --> 01:08:33.880]  How culpable are they? I don't know how to answer that. That would have to go to things
[01:08:33.880 --> 01:08:41.120]  they have done. I really don't know how to answer that because they haven't really done
[01:08:41.120 --> 01:08:42.120]  anything.
[01:08:42.120 --> 01:08:52.000]  Okay. It's my thought that they are. And I do have some recordings and stuff of me reaching
[01:08:52.000 --> 01:08:55.360]  out to legal aid services and things like that.
[01:08:55.360 --> 01:09:03.440]  So what you're saying is that you're indigent and the state had a duty to provide you with
[01:09:03.440 --> 01:09:10.400]  resources so that you could have equal access. And their failure to do so is why you were
[01:09:10.400 --> 01:09:16.000]  unable to get a notice of appeal in a timely manner because you lacked counsel.
[01:09:16.000 --> 01:09:17.000]  Exactly.
[01:09:17.000 --> 01:09:19.440]  That's a good argument to make.
[01:09:19.440 --> 01:09:25.520]  Okay. Okay. Cool. Well, that's where I'm at. And I'm going to pass the bucket to the next
[01:09:25.520 --> 01:09:33.120]  guy. But there's definitely a few more questions I have on some of the other guys and stuff.
[01:09:33.120 --> 01:09:41.640]  But you know, Eric, look at that city manager. Look at that public policy, stuff like that.
[01:09:41.640 --> 01:09:45.640]  And call me tomorrow. We'll discuss those other issues, Mary.
[01:09:45.640 --> 01:09:49.520]  Yeah. Yeah. Everything's good. I appreciate you guys.
[01:09:49.520 --> 01:09:51.640]  Okay. Thank you, Mary.
[01:09:51.640 --> 01:09:57.960]  Okay. I see Chris from Colorado and EJ in California. I know you've been holding a long
[01:09:57.960 --> 01:10:04.200]  time, but we have another first time caller and I hope you guys will be patient with us.
[01:10:04.200 --> 01:10:13.840]  I'll try to move this along so we'll get to you. We're going to someone in the 207 area
[01:10:13.840 --> 01:10:27.880]  code. Give us a first name and a state. Hello, are you? Oh, hold on. Okay. Now you're unmuted.
[01:10:27.880 --> 01:10:30.920]  Okay. If you're in the 207 area code, talk to us.
[01:10:30.920 --> 01:10:36.280]  Hi. Can you hear me? Yes, I can. First name and state.
[01:10:36.280 --> 01:10:42.880]  Laura and I'm in Maine. Laura in Maine. Okay. What do you have for
[01:10:42.880 --> 01:10:47.800]  us today? Well, I am starting to challenge property
[01:10:47.800 --> 01:10:57.720]  taxes. And I did a record request to the assessor asking him questions about how much property
[01:10:57.720 --> 01:11:06.680]  got into the commercial status, which it isn't. It's just my private property. And they sent
[01:11:06.680 --> 01:11:14.680]  me a letter back saying that they're denying the request because they do not have the information
[01:11:14.680 --> 01:11:19.840]  I'm looking for. That's different. They're two different. They
[01:11:19.840 --> 01:11:27.120]  can deny a request. That's, we're not going to answer you, but we don't have records is
[01:11:27.120 --> 01:11:33.240]  a legitimate answer. So it's not a denial. That's a, we don't have those records. So
[01:11:33.240 --> 01:11:39.240]  that's a... What question, what specifically did you ask
[01:11:39.240 --> 01:11:48.840]  for? I specifically asked for a record of the statutory
[01:11:48.840 --> 01:12:00.880]  process that they relied on to add my private non-commercial property to the tax roll, a
[01:12:00.880 --> 01:12:05.440]  copy of the returns that were filed on my private non-commercial property.
[01:12:05.440 --> 01:12:10.280]  Wait, returns, returns. What does returns mean?
[01:12:10.280 --> 01:12:17.480]  Well, if you, if you file, if you pay taxes, there's supposed to be a return. Like I'm
[01:12:17.480 --> 01:12:23.640]  supposed to turn them in, supposedly. Yeah, but that's all. Government entities
[01:12:23.640 --> 01:12:31.800]  don't have returns. Only employees of the government have returns.
[01:12:31.800 --> 01:12:38.680]  I think they do. For property taxes, they do have something called a return in Pennsylvania
[01:12:38.680 --> 01:12:47.400]  where the one who, right, the one who is assessing the property needs to fill this in. I think
[01:12:47.400 --> 01:12:58.560]  and say, here's how much, it's kind of parallel to in income tax when somebody files the yearly
[01:12:58.560 --> 01:13:05.520]  return saying, I promise I owe you this much. And they line that up with what the employer
[01:13:05.520 --> 01:13:13.040]  said that you were, what income you received. But this is with property. In Pennsylvania
[01:13:13.040 --> 01:13:18.440]  they have something that's called returns. It's supposed to be done. They skip it, but
[01:13:18.440 --> 01:13:23.640]  I don't know how pervasive that is everywhere. Do they have that in Maine, Laura?
[01:13:23.640 --> 01:13:32.000]  Yes, I did. I did read that. I didn't have to find it, but I knew.
[01:13:32.000 --> 01:13:45.320]  What does your open records act in Maine say about a violation of the act? The reason
[01:13:45.320 --> 01:13:55.560]  I ask the question that way is in Texas, the open records act is not a civil statute. It's
[01:13:55.560 --> 01:14:05.680]  a criminal statute. A violation of the act under 552 point, was it 353? A violation of
[01:14:05.680 --> 01:14:14.680]  this act is a official misconduct. It's not class A misdemeanor. It's a class A misdemeanor.
[01:14:14.680 --> 01:14:21.040]  It's a criminal statute. Is it a criminal statute in Maine? I'm going to suggest that
[01:14:21.040 --> 01:14:29.320]  it is. I would have to set up. So if they lied to you, if there is a return
[01:14:29.320 --> 01:14:34.640]  and they told you they had no records responsive to your request, they violated the act and
[01:14:34.640 --> 01:14:38.640]  that's criminal. Okay.
[01:14:38.640 --> 01:14:44.440]  Then you make up a criminal accusation of accusing them of violating the act and you
[01:14:44.440 --> 01:14:55.400]  file that with some magistrate. Now, what does the law say in Maine about filing criminal
[01:14:55.400 --> 01:15:00.440]  complaints? I haven't gotten that far yet.
[01:15:00.440 --> 01:15:09.320]  Okay. Look up magistrates. Magistrate is a term that's pretty well ambiguous across the
[01:15:09.320 --> 01:15:18.240]  United States. You have judges and all judges generally are magistrates. Sometimes they
[01:15:18.240 --> 01:15:25.920]  have magistrates that are not judges, but for the most part, a magistrate is someone
[01:15:25.920 --> 01:15:31.760]  to whom crime is reported. Okay.
[01:15:31.760 --> 01:15:44.400]  So look up magistrates in Maine and look up Maine duties of magistrates. In Texas and
[01:15:44.400 --> 01:15:53.080]  in most states, it is the duty of the magistrate to hear criminal complaints and make a determination
[01:15:53.080 --> 01:16:01.740]  of probable cause. The way the system works is the complaint is not presented to the court
[01:16:01.740 --> 01:16:10.200]  of jurisdiction. The complaint is presented to a magistrate and the magistrate looks at
[01:16:10.200 --> 01:16:17.720]  the complaint and determines if there is sufficient probable cause to believe that a crime has
[01:16:17.720 --> 01:16:22.840]  been committed and the named individual has committed that crime and the magistrate will
[01:16:22.840 --> 01:16:29.520]  decide whether or not they have to stand and answer. So when you give your complaint to
[01:16:29.520 --> 01:16:36.440]  a magistrate, it's their duty to make a determination of probable cause. Look that up in Maine.
[01:16:36.440 --> 01:16:45.280]  We're about to go to our sponsors, but this goes through the details of how this is done
[01:16:45.280 --> 01:16:52.480]  and it's in the details where we get to beat them up big time. Randy Kelton, Brett Fountain,
[01:16:52.480 --> 01:17:00.320]  Douglas Law Radio, and we'll be right back.
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[01:17:57.200 --> 01:18:02.800]  to learn how to stop debt collectors now. I love logos. Without the shows on this network,
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[01:18:43.960 --> 01:18:49.440]  extra? No. Do you have to do anything different when I order? No. Can I use my Amazon Prime?
[01:18:49.440 --> 01:18:55.440]  No. I mean, yes. Wow. Giving without doing anything or spending any money. This is perfect.
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[01:20:20.440 --> 01:20:21.440]  Okay. We are back. This is the Rule of Law Radio, Lorraine DeChelten. I'm Brett Fountain,
[01:20:21.440 --> 01:20:24.440]  and we are talking with Laura in Maine.
[01:20:24.440 --> 01:20:25.440]  Hi.
[01:20:25.440 --> 01:20:37.440]  Alright, Laura. Go ahead. My next question was, aside from what you just told me to do
[01:20:37.440 --> 01:20:45.320]  with the magistrate, I had record requested the assessor, but I heard back from the clerk,
[01:20:45.320 --> 01:20:49.440]  and I'm wondering why I'm hearing back from the clerk.
[01:20:49.440 --> 01:20:55.000]  Well, that's okay. When you do a record request, you don't have to worry too much about who
[01:20:55.000 --> 01:21:01.280]  answers you. If you get an answer that you're okay with, don't worry about it. If you get
[01:21:01.280 --> 01:21:08.040]  an answer that looks like pushback, then you can take it up with the one who had the responsibility
[01:21:08.040 --> 01:21:17.400]  to answer you in the first place, and you can kind of disregard the impertinent kid
[01:21:17.400 --> 01:21:22.600]  that answered. You know what I mean? You can just not give them the time of day, and go
[01:21:22.600 --> 01:21:29.600]  back to the one who had the duty to answer you, and treat them like you need to stamp
[01:21:29.600 --> 01:21:30.600]  them into shape.
[01:21:30.600 --> 01:21:40.120]  Yeah. Let me address this slightly. In Texas, you will have a custodian of the record. If
[01:21:40.120 --> 01:21:46.760]  you file an information request with the wrong person, the person who is not the custodian
[01:21:46.760 --> 01:21:55.720]  of the record, the person with whom you file the request is required by the act to forward
[01:21:55.720 --> 01:22:02.520]  the request to the person who is the custodian.
[01:22:02.520 --> 01:22:07.200]  The one you file it with may be the wrong guy, because you don't know how all that governmental
[01:22:07.200 --> 01:22:13.760]  stuff works. To handle that, that guy can't say, well, I don't have these records. You
[01:22:13.760 --> 01:22:19.400]  send it to the wrong person. No, no, no. They don't get to do that. They got to figure out
[01:22:19.400 --> 01:22:25.800]  who the right guy is, or girl is, and send it to that person. That's why you may get
[01:22:25.800 --> 01:22:28.120]  a different answer. Does that make sense?
[01:22:28.120 --> 01:22:38.840]  Yes, it does. My other question is, since they do not have, or the information I'm requesting
[01:22:38.840 --> 01:22:47.840]  doesn't exist, where do I go from here? Do I sit and wait for them to lien my property,
[01:22:47.840 --> 01:22:50.880]  or do I ask more questions?
[01:22:50.880 --> 01:22:57.920]  It depends on the nature of the information you're asking for. If it's information that
[01:22:57.920 --> 01:23:06.440]  must exist, and you have asked for records that this particular agency doesn't specifically
[01:23:06.440 --> 01:23:13.640]  have, then under most open records laws, they're going to be required to forward your request
[01:23:13.640 --> 01:23:22.440]  to the people who do have it. That's because you can't be expected to know the inner workings
[01:23:22.440 --> 01:23:28.480]  of the agency. They have to know the inner workings of the agency.
[01:23:28.480 --> 01:23:37.360]  If you get back something from a clerk, and it seems to be responding to your request,
[01:23:37.360 --> 01:23:44.040]  well, that's fine, because the person, let's say you reached out to your elected official,
[01:23:44.040 --> 01:23:50.400]  the one who has a duty to respond, and you get back something from some assistant that's
[01:23:50.400 --> 01:23:59.960]  a high school, half-time helper, that's fine, because the person who has a duty to respond
[01:23:59.960 --> 01:24:03.920]  very well may have hired somebody specifically to help with the duties, and that's okay.
[01:24:03.920 --> 01:24:08.960]  They might have hired a whole team of people, no problem, as long as you got your response.
[01:24:08.960 --> 01:24:14.760]  If you didn't get your response, or if you're getting pushback, that's when you need to
[01:24:14.760 --> 01:24:16.240]  take it to the next level.
[01:24:16.240 --> 01:24:24.160]  And if the response is not correct, the person who had a duty to respond becomes respondee
[01:24:24.160 --> 01:24:31.200]  yet superior, so they're responsible for what their underlings do.
[01:24:31.200 --> 01:24:38.000]  Okay, but back to your other issue. We're getting to talk about records requests here
[01:24:38.000 --> 01:24:44.840]  some, but let's go back to talk about your property tags. I'm getting some input here
[01:24:44.840 --> 01:24:51.840]  from somebody who's in Pennsylvania and who has some references that you might be able
[01:24:51.840 --> 01:24:59.920]  to look up and correlate for Maine, and it's very interesting talking about who has this
[01:24:59.920 --> 01:25:07.720]  real property. You know, you were talking about the return, or in some places it might
[01:25:07.720 --> 01:25:13.480]  be a rendering or rendition that needs to go from the person who's running a business
[01:25:13.480 --> 01:25:20.120]  on that property needs to tell the state comptroller or state needs to tell some official about
[01:25:20.120 --> 01:25:27.440]  the business and the income of the property. Well, in Pennsylvania code here, I'm being
[01:25:27.440 --> 01:25:38.400]  shown section 153.1 taxpayer and 155.1 taxpayers, and it's giving us a pretty clear picture
[01:25:38.400 --> 01:25:44.080]  here that shows who it is that's references that's referenced for these property taxes
[01:25:44.080 --> 01:25:50.680]  and it's all about corporations, businesses. So you might look for something like that
[01:25:50.680 --> 01:26:00.400]  in Maine. Look at Pennsylvania code 153.1 and 155.1 and then check out what Maine has
[01:26:00.400 --> 01:26:06.400]  that might be parallel to that and you might find the answer to your property tax questions
[01:26:06.400 --> 01:26:18.240]  there. I have a complaint, Brett. Yes. How the heck do you do that? What do I do? How
[01:26:18.240 --> 01:26:24.360]  do you answer somebody's question and research at the same time? No, I didn't. Somebody reached
[01:26:24.360 --> 01:26:31.440]  out to me and told me this. Oh, I can't do that. He's doing that. He's coming up with
[01:26:31.440 --> 01:26:36.640]  the underlying codes. Well, usually I have to go Google for it, but this one came to
[01:26:36.640 --> 01:26:46.880]  me. Well, I can't talk and Google at the same time. Making me feel old. Okay. I'll quit
[01:26:46.880 --> 01:26:58.560]  sidetracking. No, but that's it. Okay. Does that answer your question? Kind of. I know
[01:26:58.560 --> 01:27:05.080]  the definitions of a taxpayer and what they tax here as property and I have no business
[01:27:05.080 --> 01:27:13.480]  conducting on the property. Right. I just want to get off the tax roll. So do I have
[01:27:13.480 --> 01:27:21.680]  to keep asking them more questions or? Getting off the tax roll seems to be quite a pain.
[01:27:21.680 --> 01:27:29.880]  They really don't want you to do that. There's kind of a general way of doing that. You send
[01:27:29.880 --> 01:27:38.800]  a letter to the tax assessor collector and ask the tax assessor collector if the state
[01:27:38.800 --> 01:27:50.040]  has a claim against your property. If your taxes are current, they'll send you a letter
[01:27:50.040 --> 01:27:56.160]  saying that the state has no claim against your property. Then you send a second letter
[01:27:56.160 --> 01:28:05.240]  asking the tax assessor to remove your property from the commercial rolls to the private rolls.
[01:28:05.240 --> 01:28:15.080]  Okay. That's the way I've heard it done in a number of places. You might try that. I
[01:28:15.080 --> 01:28:21.960]  will try that. Thank you so much. Okay. Do you have anything else for us today?
[01:28:21.960 --> 01:28:34.120]  No, that's it. I appreciate it. Thank you. Okay. Thank you very much, Laura.
[01:28:34.120 --> 01:28:52.680]  Randy, are you muted? Yes, I am. We have another first time caller, but
[01:28:52.680 --> 01:29:01.120]  we have two folks that's been on since the beginning of the show. John, I think that's
[01:29:01.120 --> 01:29:08.400]  what this is. We're in 615. Be patient with me. Chris has waited for three hours, so I'm
[01:29:08.400 --> 01:29:13.080]  going to go ahead and take Chris. Hello, Chris. What do you have for us today? Quickly, we've
[01:29:13.080 --> 01:29:21.200]  got about 40 seconds. Did you fall asleep, Chris?
[01:29:21.200 --> 01:29:29.520]  Hello, Chris. I'm getting close. I wanted to touch upon
[01:29:29.520 --> 01:29:33.280]  declaratory judgment. This has been a pretty fascinating topic, but we're getting late
[01:29:33.280 --> 01:29:38.720]  in the night, so I'll ask a quick question, I guess, on the other side here about it.
[01:29:38.720 --> 01:29:49.120]  Okay. You've just got 20 seconds, so you've got 15 seconds to handle your whole issue.
[01:29:49.120 --> 01:30:01.600]  Maybe not. Okay. Randy Kelton, we look for our radio. Hang on. We'll be right back.
[01:30:01.600 --> 01:30:07.000]  A top cybersecurity expert has a warning for America. If you build an electrical smart
[01:30:07.000 --> 01:30:12.560]  grid, the hackers will come, and they could cause a catastrophic blackout. I'm Dr. Catherine
[01:30:12.560 --> 01:30:16.480]  Albrecht, back with the shocking details in a moment.
[01:30:16.480 --> 01:30:21.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back
[01:30:21.000 --> 01:30:27.320]  again. Once your privacy is gone, you'll find your freedoms will start to vanish, too. Protect
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[01:31:31.600 --> 01:31:36.960]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:31:53.960 --> 01:31:59.000]  pilot. I'm a father who lost his son. We're Americans, and we deserve the truth. Go to
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[01:33:00.800 --> 01:33:07.800]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:30.800 --> 01:33:39.800]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio. We're talking to Chris
[01:33:39.800 --> 01:33:44.720]  Conrato. Okay, Chris, what are you up to?
[01:33:44.720 --> 01:33:49.400]  So you guys may have remembered me calling in the night that I got in the wreck last
[01:33:49.400 --> 01:33:53.160]  year from the hospital parking lot, and-
[01:33:53.160 --> 01:33:56.080]  Yes, I do, as a matter of fact.
[01:33:56.080 --> 01:34:03.440]  Okay. So I went through the mill, and I found the agency that oversees them, and I filed
[01:34:03.440 --> 01:34:09.880]  a complaint, and they finally got back to me by telephone. And I submitted all the video
[01:34:09.880 --> 01:34:14.520]  and everything, and they said, we're just letting you know that we did a query, so to
[01:34:14.520 --> 01:34:19.840]  speak, and we did find that there is deficits in their procedure. So I probed more, because
[01:34:19.840 --> 01:34:25.920]  I was real coded language. I said, what exactly does that mean? Did they violate something
[01:34:25.920 --> 01:34:34.240]  or did they violate the EMTALA Act? And they said, yes. The EMTALA is the emergency medical
[01:34:34.240 --> 01:34:39.680]  something treatment. It basically says that it's a federal act that no hospital can deny
[01:34:39.680 --> 01:34:44.680]  anybody emergency service without first stabilizing them.
[01:34:44.680 --> 01:34:51.960]  So I've got an official claim. The thing is, is that a lot of us, I've talked to a few
[01:34:51.960 --> 01:34:58.400]  lawyers, and for some reason, Wyoming lawyers aren't real aggressive, unless you're a personal
[01:34:58.400 --> 01:35:04.760]  injury issue. So I want to file declaratory judgment, and I want to file-
[01:35:04.760 --> 01:35:09.960]  Wait, wait, wait, wait. The lawyers are not aggressive on personal injury issues?
[01:35:09.960 --> 01:35:15.880]  No, that's the only thing they're aggressive in Illinois. I mean, in Wyoming, where this
[01:35:15.880 --> 01:35:19.520]  happened. I've called a bunch, and they said, well, what are your damages from the hospital?
[01:35:19.520 --> 01:35:24.320]  I said, well, that's what I'm calling you to help determine. They just, they don't think
[01:35:24.320 --> 01:35:31.800]  too far outside the box. So I guess you said a bunch of stuff tonight, and they violated,
[01:35:31.800 --> 01:35:38.160]  they broke a wall, they broke a federal act. I'm trying to find out damages and stuff for
[01:35:38.160 --> 01:35:44.760]  that or punitive things, but I don't- Well, consider, are you the only person against
[01:35:44.760 --> 01:35:50.920]  whom they violated the act? Probably not, no.
[01:35:50.920 --> 01:35:58.800]  So if that's the case, then you might look at a private attorney general type suit. And
[01:35:58.800 --> 01:36:08.040]  how much would you have to claim against them to give the hospital reasonable cause to not
[01:36:08.040 --> 01:36:19.160]  do this to anybody else? Exactly. The thing is that you have lawyers
[01:36:19.160 --> 01:36:23.400]  and officials who don't even know their own laws. So how the heck can I rely on them?
[01:36:23.400 --> 01:36:31.400]  I have to figure it out, which I'm willing to do, but it's like pushing against the grass
[01:36:31.400 --> 01:36:36.400]  that got too high, so to speak. So I don't know quite how to proceed, but here's what
[01:36:36.400 --> 01:36:39.480]  they did leave me with. I said, can I get a copy of that report? They said, no, the
[01:36:39.480 --> 01:36:43.280]  only way to get a copy of this is to have it subpoenaed. So-
[01:36:43.280 --> 01:36:48.120]  Wait a minute, hold on, hold on. Yeah.
[01:36:48.120 --> 01:36:54.280]  Who issued the report? So the health department is the one who oversees
[01:36:54.280 --> 01:36:59.160]  the hospitals in Wyoming, but they get their authority from the centers for Medicare and
[01:36:59.160 --> 01:37:03.680]  Medicaid, CMS. What was the nature of the report? Was the
[01:37:03.680 --> 01:37:14.120]  report a report that focused on you personally? No, it was, they did an unannounced investigation
[01:37:14.120 --> 01:37:17.400]  essentially. They used other words, but that's basically what they did. They did an unannounced
[01:37:17.400 --> 01:37:24.120]  investigation. They looked into my complaint specifically and they cited the hospital,
[01:37:24.120 --> 01:37:29.360]  but they can't personally find them. So this is getting kicked up to the CMS, which is
[01:37:29.360 --> 01:37:40.560]  a regional federal thing. What law makes their report secret?
[01:37:40.560 --> 01:37:46.320]  Don't know. You need to ask them for that.
[01:37:46.320 --> 01:37:55.320]  Yeah, I'm asking- Is there a chance they're blowing smoke?
[01:37:55.320 --> 01:38:00.040]  There's a chance there's some incompetence for sure.
[01:38:00.040 --> 01:38:11.080]  Well, incompetence or intentional denial of this so that they can avoid getting caught
[01:38:11.080 --> 01:38:17.080]  up in a civil litigation that they don't want to have to bother with.
[01:38:17.080 --> 01:38:24.760]  Possibly. Well, but it's the health department. They just look into it and they report back
[01:38:24.760 --> 01:38:29.840]  to I think this other agency, the CMS, but they did call to let me know that there was
[01:38:29.840 --> 01:38:35.760]  a problem and that the hospital has been notified in their order to take measures. Well, that
[01:38:35.760 --> 01:38:40.280]  doesn't- Okay, hold on. There's an issue here. They're
[01:38:40.280 --> 01:38:50.160]  saying this is not public information, but since you are the object of the investigation,
[01:38:50.160 --> 01:38:58.000]  you have a special interest and generally there are provisions for someone with a special
[01:38:58.000 --> 01:39:06.960]  interest. Now, I might not be able to get it, but you were specifically injured by it.
[01:39:06.960 --> 01:39:13.040]  I think they're applying a law that goes to the general public where it doesn't apply
[01:39:13.040 --> 01:39:23.600]  to you. You might check that. Okay. So when we get things like this, Randy,
[01:39:23.600 --> 01:39:27.320]  I've been running into this hurdle in two states now. Well, this one just started this
[01:39:27.320 --> 01:39:33.160]  week because I just got the findings or notice of the finding. Now we have something from
[01:39:33.160 --> 01:39:37.640]  a regulatory body, essentially. I got a subpoena this one or I got to get it through other
[01:39:37.640 --> 01:39:42.480]  means, but I do have, now I have a claim. And then we bring it into court and we try
[01:39:42.480 --> 01:39:48.240]  to make a tort against that claim. And then the court says, well, you didn't see it exactly
[01:39:48.240 --> 01:39:52.120]  the way I want it. Okay, hold on, hold on. Before we move past
[01:39:52.120 --> 01:40:03.800]  this and I lose it, do you have access to pre-litigation discovery? Just make a note
[01:40:03.800 --> 01:40:11.640]  of pre-litigation discovery. They have this information and this information could relate
[01:40:11.640 --> 01:40:18.200]  to a civil suit that you would be filing. You should have a right to pre-litigation
[01:40:18.200 --> 01:40:23.800]  discovery. Just make a note of that and then look it up in the state that you're in.
[01:40:23.800 --> 01:40:35.640]  Okay. That was part of my question tied to the declaratory judgment. When you file a
[01:40:35.640 --> 01:40:42.920]  declaratory judgment suit, does it open things to discovery? Absolutely. And that's a great
[01:40:42.920 --> 01:40:48.080]  thing about declaratory judgment. You file a civil suit, the first thing they do is rule
[01:40:48.080 --> 01:40:53.240]  12b6, motion to dismiss, frame the state of claim, but that's because they do not want
[01:40:53.240 --> 01:41:00.640]  to get to discovery. Declaratory judgment does not have claims. So you should be able
[01:41:00.640 --> 01:41:07.280]  to go directly to discovery. Get the discovery and then come back and sue them in a standard
[01:41:07.280 --> 01:41:18.000]  civil case where you already got the discovery. Okay. I'll look into what you said about being
[01:41:18.000 --> 01:41:26.960]  entitled to discovery up front and then I'll look into this. Put down pre-litigation discovery.
[01:41:26.960 --> 01:41:34.880]  Pre-litigation discovery. Got it. Okay. I'll look that up. Wyoming's kind of fun in some
[01:41:34.880 --> 01:41:40.840]  ways, meaning that unlike Illinois, they don't have all these laws and opinions and case
[01:41:40.840 --> 01:41:45.880]  law twisting in one another. They have some pretty vague stuff and it leaves it up to
[01:41:45.880 --> 01:41:51.400]  argument amongst the parties, which I successfully did with the property damage for the truck
[01:41:51.400 --> 01:41:56.840]  we were in. But now I'm up against the bodily injury stuff and I'm getting to the end of
[01:41:56.840 --> 01:42:03.120]  my bank account here after almost a year and I pushed the insurance company. I said, look,
[01:42:03.120 --> 01:42:08.120]  you know you have to settle at some point, but we need a little funds at this point to
[01:42:08.120 --> 01:42:15.320]  get some treatment. And they just basically told me, go screw yourself politely. We're
[01:42:15.320 --> 01:42:18.320]  not talking to you. And they've been ignoring me. They haven't been turning phone calls.
[01:42:18.320 --> 01:42:24.520]  So I wanted to do another declaratory judgment to get the court to say, well, here's the
[01:42:24.520 --> 01:42:29.520]  rights and there are no laws that say one way or the other and therefore it's open to
[01:42:29.520 --> 01:42:33.400]  negotiations or something. I don't know how to proceed there, but they're making claims
[01:42:33.400 --> 01:42:40.560]  legally that there's no law for. And I have a right to ask them for what, on what basis,
[01:42:40.560 --> 01:42:47.360]  what law, what case law are you using to deny me our negotiation? And he just says I'm under
[01:42:47.360 --> 01:42:53.320]  no obligation to talk to you. You will file a claim and we'll talk, but until then I don't
[01:42:53.320 --> 01:42:56.640]  have to talk to you. And that's pretty much what he said, but that's-
[01:42:56.640 --> 01:43:01.440]  Okay. Look at pre-litigation discovery. That may force him to talk to you before you file
[01:43:01.440 --> 01:43:07.160]  a claim. Okay. That's exactly what pre-litigation discovery
[01:43:07.160 --> 01:43:14.120]  is for. Okay. To discover if you actually have a claim
[01:43:14.120 --> 01:43:24.040]  before you enter into full-on litigation. Okay. And that's also what a declaratory judgment
[01:43:24.040 --> 01:43:30.640]  can achieve as well, yes? Yes. Declaratory judgment can get you into discovery
[01:43:30.640 --> 01:43:42.200]  if you carefully craft the declaratory judgment request so that it makes the discovery you
[01:43:42.200 --> 01:43:48.480]  want to secure pertinent or relevant to the issue.
[01:43:48.480 --> 01:43:54.200]  Okay. I'll look up on the term you told me and I'll talk to you guys another time. Thank
[01:43:54.200 --> 01:44:00.600]  you very much. Okay. Thank you, Chris. Okay. We have two-
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[01:46:27.560 --> 01:46:34.560]  The people come down from the hill.
[01:46:57.560 --> 01:47:17.080]  Okay, we are back. Randy Calton. We're at Fountain Rule Law Radio. We have two callers
[01:47:17.080 --> 01:47:24.160]  in one segment. E.J., you've been on a long time, and we have a new first-time caller.
[01:47:24.160 --> 01:47:30.200]  So I really want to get to both of you. So, E.J., you're generally pretty succinct into
[01:47:30.200 --> 01:47:34.000]  the point. What do you have for us today?
[01:47:34.000 --> 01:47:47.400]  Hi. Good evening. My first question would be interrogatories, a deposition coming up
[01:47:47.400 --> 01:47:58.320]  that the hospital shysters sent me again. My summary judgment is up in August 1st. So
[01:47:58.320 --> 01:48:02.760]  what's happening is that they want all these answers within 30 days.
[01:48:02.760 --> 01:48:08.320]  Oh, object, object, object, object. You have summary judgment. Subject judgment would render
[01:48:08.320 --> 01:48:15.960]  all of this moot. So it's improper to force you to do discovery when you have a summary
[01:48:15.960 --> 01:48:18.320]  judgment motion before the court.
[01:48:18.320 --> 01:48:27.400]  Okay. I would put that in the, it's called a form that we need to submit before the continuance
[01:48:27.400 --> 01:48:36.760]  of the status conference. It's just, it's something that we need to talk about with
[01:48:36.760 --> 01:48:44.080]  any discovery items. So I'll put that in there. Do I need to file a notice on that?
[01:48:44.080 --> 01:48:51.080]  You can file a motion in abatement. Ask the court to abate all discovery until the summary
[01:48:51.080 --> 01:48:57.200]  judgment motion is heard in the interest of judicial economy.
[01:48:57.200 --> 01:49:06.800]  Okay. I think last time we were saying that the abatement is not really necessary because
[01:49:06.800 --> 01:49:10.640]  if I do file a motion for abatement, that would be like towards the end of the year
[01:49:10.640 --> 01:49:14.640]  probably. Like all the schedules are just jam packed.
[01:49:14.640 --> 01:49:20.520]  Okay. You're probably right. An abatement is probably not necessary. If the other side
[01:49:20.520 --> 01:49:27.840]  has asked for discovery, you can just tell them go screw themselves and let the clock
[01:49:27.840 --> 01:49:36.000]  run. And then what they'll have to do is petition the court for a court order to order discovery.
[01:49:36.000 --> 01:49:42.240]  And by the time they get to that, the summary judgment motion will already have been heard.
[01:49:42.240 --> 01:49:48.880]  Even the deposition, because the deposition would be towards the end of July, actually.
[01:49:48.880 --> 01:49:57.920]  Okay. If this is discovery and not court, if this is discovery from the other party
[01:49:57.920 --> 01:50:01.280]  and not court ordered discovery. Correct.
[01:50:01.280 --> 01:50:06.320]  Okay. So if they've just requested it, Tom goes screw themselves.
[01:50:06.320 --> 01:50:14.680]  Yeah. In the language of objecting. You look at the rules of procedure, it'll say that
[01:50:14.680 --> 01:50:20.840]  the respondent has to answer within X number of days, but it will also say that you can
[01:50:20.840 --> 01:50:22.840]  object.
[01:50:22.840 --> 01:50:32.080]  Okay. Yes. So object to it as potentially moot because
[01:50:32.080 --> 01:50:41.280]  you have a dispositive motion before the court. And in the interest of judicial economy, the
[01:50:41.280 --> 01:50:50.160]  court should abate any discovery until the summary judgment motion has been heard. That
[01:50:50.160 --> 01:50:53.640]  should be easy.
[01:50:53.640 --> 01:51:04.560]  And I had my hearing for the misdemeanor case and I got run over. Of course, he just totally,
[01:51:04.560 --> 01:51:15.280]  he meaning the judge, just put a plea of not guilty. And he scheduled a jury trial in 30
[01:51:15.280 --> 01:51:23.720]  days. It's a speedy trial to put a public defender on my case. And guess when the trial
[01:51:23.720 --> 01:51:30.680]  date is? August 1st. Does he all know what's happening with my civil case? And even when
[01:51:30.680 --> 01:51:36.160]  I try to get a certified copy of the case file.
[01:51:36.160 --> 01:51:46.080]  Oh, wait, wait, wait, wait, wait. Send me an email and ask me for the speedy trial motion.
[01:51:46.080 --> 01:51:50.760]  I just finished a brief on speedy trial.
[01:51:50.760 --> 01:51:59.520]  Awesome. Awesome. Yeah. Oh, it's just, they all know what's happening. So they're trying
[01:51:59.520 --> 01:52:07.200]  to, you know, prevent me from... I just have to laugh, you know? Even though I'm a little
[01:52:07.200 --> 01:52:12.960]  bit scared about this misdemeanor, I'm actually really kind of scared, but then I'm laughing
[01:52:12.960 --> 01:52:20.480]  about it. But my good question, I'll be very brief. I know you have a second caller. Okay,
[01:52:20.480 --> 01:52:28.520]  so informopapyrus, if I put in an informopapyrus for my misdemeanor, does that mean that they
[01:52:28.520 --> 01:52:30.600]  have jurisdiction over me?
[01:52:30.600 --> 01:52:39.320]  Oh, no, no, no. You cannot grant jurisdiction, period. They either have it or they don't.
[01:52:39.320 --> 01:52:40.320]  Got it.
[01:52:40.320 --> 01:52:51.800]  In spite of what these patriarch mythologists say, you can assume jurisdiction, but if you
[01:52:51.800 --> 01:52:55.880]  challenge jurisdiction, it doesn't matter, you cannot give them jurisdiction that they
[01:52:55.880 --> 01:53:02.960]  don't have. So you can challenge jurisdiction at any time, no matter how remote in history.
[01:53:02.960 --> 01:53:10.040]  Yeah. So don't worry about giving them jurisdiction. That can't happen. Hey, do you want me to
[01:53:10.040 --> 01:53:17.200]  be the judge in your court? Yeah, grant me jurisdiction to be the judge.
[01:53:17.200 --> 01:53:19.240]  Oh, wow.
[01:53:19.240 --> 01:53:20.800]  See how that works?
[01:53:20.800 --> 01:53:27.960]  Okay, these are my questions. Thank you so much, you guys. Thank you.
[01:53:27.960 --> 01:53:36.880]  Okay, thank you, EJ, and thank you for the patience waiting for us to get to you. Okay,
[01:53:36.880 --> 01:53:47.240]  now we're going to first time caller 615 area code. Give us a first name and state.
[01:53:47.240 --> 01:53:52.000]  Hey, it's John, Tennessee.
[01:53:52.000 --> 01:53:59.680]  Wait a minute. Tennessee, are you a hillbilly?
[01:53:59.680 --> 01:54:00.680]  I don't want to answer that.
[01:54:00.680 --> 01:54:06.520]  That's okay. That's okay, because I'm from Tennessee and I speak the dialect.
[01:54:06.520 --> 01:54:17.440]  Okay, 615, I'm from 731. What part of Tennessee?
[01:54:17.440 --> 01:54:19.440]  Nashville area?
[01:54:19.440 --> 01:54:27.280]  Yes, but actually, that's where I'm at, but it concerns a municipality in Texas. I'd rather
[01:54:27.280 --> 01:54:32.680]  not mention it for fear of someone retaliating or something.
[01:54:32.680 --> 01:54:39.280]  No, no, no, no. Mention it. It embarrasses them.
[01:54:39.280 --> 01:54:43.520]  I'm not prepared. I'm a little unprepared for this whole deal, but I mentioned this.
[01:54:43.520 --> 01:54:49.840]  I posted a thing in a couple of the legal chats that I'm involved in, and they suggested
[01:54:49.840 --> 01:54:53.840]  I get with you guys, because it's not a cut and dried issue.
[01:54:53.840 --> 01:55:09.120]  Okay, hold on, hold on. Send an email to Randy at ruleoflawradio.com.
[01:55:09.120 --> 01:55:12.520]  We're getting short on time to make sure that I'm able to address your issues. Okay, go
[01:55:12.520 --> 01:55:13.520]  ahead.
[01:55:13.520 --> 01:55:21.960]  Oh, okay. Should I just tell you what's going on now or send the email? I'm not sure what
[01:55:21.960 --> 01:55:22.960]  she told me.
[01:55:22.960 --> 01:55:26.240]  We only got three minutes, so quickly.
[01:55:26.240 --> 01:55:34.000]  Oh, well, there's a fire code that has been established or declared or whatever in our
[01:55:34.000 --> 01:55:41.240]  little town that any commercial building that can have more than 100 people in it, 100 or
[01:55:41.240 --> 01:55:47.800]  more people in it, has to have a sprinkler system from now on. All of the real estate
[01:55:47.800 --> 01:55:51.680]  agents and a lot of the local business owners are up in arms about it because it's going
[01:55:51.680 --> 01:55:57.400]  to kill our little town because people won't invest that kind of money in these commercial
[01:55:57.400 --> 01:55:58.400]  properties.
[01:55:58.400 --> 01:56:05.080]  It's already caused the cancel of a couple of transactions since it was found out that
[01:56:05.080 --> 01:56:09.800]  this was the new rule. It's been around for a couple of weeks, and I got involved. I didn't
[01:56:09.800 --> 01:56:15.600]  know anything was going on, but I had decided to sell my property in that little town. It's
[01:56:15.600 --> 01:56:21.840]  just going to mess that up, too, it looks like. I feel like they're overstepping their
[01:56:21.840 --> 01:56:22.840]  bounds.
[01:56:22.840 --> 01:56:34.760]  Where do they get authority to pass these requirements? You should be grandfathered.
[01:56:34.760 --> 01:56:41.280]  Well, it's probably true, but I'm using it for storage right now. Anybody else that was
[01:56:41.280 --> 01:56:47.400]  going to buy it is going to want to use it for a business purpose, and they may be required.
[01:56:47.400 --> 01:56:50.400]  The thing is... Well, go ahead. I'm sorry.
[01:56:50.400 --> 01:56:51.880]  No, no. Go ahead.
[01:56:51.880 --> 01:56:56.760]  We don't know what to do about it. I feel like that they've adopted... I know I talked
[01:56:56.760 --> 01:57:01.520]  to one of the city council people, and they admitted to me that, yes, we signed this large
[01:57:01.520 --> 01:57:09.720]  phone book-sized universal building code document and made it an ordinance without ever reading
[01:57:09.720 --> 01:57:18.360]  it. Somewhere in there, it grants what we consider way too much authority over our personal
[01:57:18.360 --> 01:57:24.000]  livelihood, and we don't know how to address it.
[01:57:24.000 --> 01:57:28.040]  I haven't actually talked to anybody, but I just keep hearing the other people tell
[01:57:28.040 --> 01:57:33.400]  me when they approach the city, the city says, talk to the fire department. When they approach
[01:57:33.400 --> 01:57:37.760]  the fire department, they say, talk to the city, and they're just doing a complete run
[01:57:37.760 --> 01:57:39.440]  around, and nobody's able to help.
[01:57:39.440 --> 01:57:49.360]  Okay. This looks like an issue where the city has issued a ruling or laws that dramatically
[01:57:49.360 --> 01:57:54.600]  affect your property, so you sue the city for whatever the cost of the sprinkler system
[01:57:54.600 --> 01:58:05.160]  is. We're out of time. Send me an email on this, and we'll discuss this off the air.
[01:58:05.160 --> 01:58:06.160]  Thank you very much.
[01:58:06.160 --> 01:58:13.200]  I've run into this before in Georgia, something similar, and it can be problematic, but you
[01:58:13.200 --> 01:58:15.120]  can hold the city responsible.
[01:58:15.120 --> 01:58:20.960]  Okay. Thank you all for listening. Randy Kelton, Brett Fountain, Rue de la Radio. We'll be
[01:58:20.960 --> 01:58:27.520]  back next week at our regular time, Thursday night, 8 o'clock Central. We have a two-hour
[01:58:27.520 --> 01:58:34.400]  show. Friday night, we have our four-hour info marathon, and check out Monday nights
[01:58:34.400 --> 01:58:43.240]  at 8 o'clock Central for Eddie Craig and his traffic. What is it, Brett? And his traffic
[01:58:43.240 --> 01:58:44.240]  show.
[01:58:44.240 --> 01:58:45.240]  Traveling damsel.
[01:58:45.240 --> 01:58:50.680]  We'll be right back. Thank you. Good night. See you next week.
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