[00:00.000 --> 00:05.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.500 --> 00:09.000]  They guarantee the specific freedoms Americans should know and protect.
[00:09.000 --> 00:10.500]  Our liberty depends on it.
[00:10.500 --> 00:16.500]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[00:16.500 --> 00:18.500]  Privacy is under attack.
[00:18.500 --> 00:22.500]  When you give up data about yourself, you'll never get it back again.
[00:22.500 --> 00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.000 --> 00:32.500]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.500 --> 00:35.000]  Privacy, it's worth hanging on to.
[00:35.000 --> 00:38.500]  This public service announcement is brought to you by Startpage.com,
[00:38.500 --> 00:42.500]  the private search engine alternative to Google, Yahoo, and Bing.
[00:42.500 --> 00:46.000]  Start over with Startpage.
[00:46.000 --> 00:51.000]  Most of us know that taking the Fifth means you're choosing to remain silent about a criminal matter.
[00:51.000 --> 00:55.500]  It's a good way to remember that the Fifth Amendment spells out what can and can't happen to you
[00:55.500 --> 00:57.500]  when you're accused of a criminal offense.
[00:57.500 --> 01:02.500]  The Fifth guarantees due process, prohibits trying someone more than once for the same crime,
[01:02.500 --> 01:04.500]  and lets you keep your mouth shut.
[01:04.500 --> 01:09.500]  The Founding Fathers inserted these constitutional provisions to protect citizens from torture.
[01:09.500 --> 01:14.000]  Back in the day, governments often used painful methods to extract confessions.
[01:14.000 --> 01:18.500]  The Fifth Amendment also prohibits the government from taking your house and land without paying you for it.
[01:18.500 --> 01:20.500]  That used to happen a lot too.
[01:20.500 --> 01:25.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31.500 --> 01:35.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:35.500 --> 01:39.000]  They guarantee the specific freedoms Americans should know and protect.
[01:39.000 --> 01:40.500]  Our liberty depends on it.
[01:40.500 --> 01:46.500]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:46.500 --> 01:52.500]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:52.500 --> 01:57.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:57.500 --> 02:02.500]  So protect your rights. Say no to surveillance and keep your information to yourself.
[02:02.500 --> 02:05.500]  Privacy. It's worth hanging on to.
[02:05.500 --> 02:08.500]  This public service announcement is brought to you by StartPage.com,
[02:08.500 --> 02:12.500]  the private search engine alternative to Google, Yahoo, and Bing.
[02:12.500 --> 02:15.500]  Start over with StartPage.
[02:15.500 --> 02:18.500]  The number 666 reminds me of evil.
[02:18.500 --> 02:23.500]  I also associate it with the sick feeling one might get when falsely accused of a heinous crime
[02:23.500 --> 02:27.500]  or when thinking about sickos who actually do commit acts of murder and mayhem.
[02:27.500 --> 02:36.500]  Either way, the number 666 can help you remember that the Sixth Amendment deals with the constitutionally guaranteed rights Americans have in a criminal trial.
[02:36.500 --> 02:40.500]  Those include the right to a speedy public trial, the right to an impartial jury,
[02:40.500 --> 02:47.500]  the right to full information about the charges, the right to an attorney, and the right to confront any witnesses face to face.
[02:47.500 --> 02:52.500]  666, sick, sickos, and the Sixth Amendment. Get it?
[02:52.500 --> 03:11.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:22.500 --> 03:31.500]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:31.500 --> 03:37.500]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:37.500 --> 03:43.500]  When you were eight and you had that drink, you'd go to school and learn the golden rule.
[03:43.500 --> 03:48.500]  So why are you acting like a bloody fool? If you get high, then you must just cool.
[03:48.500 --> 03:54.500]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:54.500 --> 03:59.500]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:59.500 --> 04:03.500]  You took it on that one, you took it on this one, you took it on that one.
[04:03.500 --> 04:20.500]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, Rule of Law Radio, on this Thursday, the 14th day of July 2020-something.
[04:20.500 --> 04:22.500]  Help me out, Brett, you didn't tell me.
[04:22.500 --> 04:23.500]  2022.
[04:23.500 --> 04:26.500]  There we go, okay.
[04:26.500 --> 04:32.500]  I just did a show with Pastor Mastodon, who reminded me of how old I was.
[04:32.500 --> 04:36.500]  After I told him that I was sitting here combing my hair.
[04:36.500 --> 04:41.500]  He's getting a little padded and bald and it bothers him a little bit.
[04:41.500 --> 04:44.500]  So he went into how fat I was.
[04:44.500 --> 04:48.500]  Anyway, he only did that because I deserved it.
[04:48.500 --> 04:54.500]  Okay, good news is great news, wonderful news.
[04:54.500 --> 04:58.500]  My software is back up and running.
[04:58.500 --> 05:08.500]  My Russians, they can still talk to me. I was afraid they would disappear with all of this political intrigue, but they didn't.
[05:08.500 --> 05:11.500]  He's got my questionnaire software back up.
[05:11.500 --> 05:20.500]  I have to reload everything, but I have almost everything loaded and I'll be going through it, checking it out.
[05:20.500 --> 05:33.500]  And now I'm going to need some help from everybody to finish off the one piece of software I don't have.
[05:33.500 --> 05:37.500]  Brett, hint, hint, hint.
[05:37.500 --> 05:44.500]  What I've got, I've got the questionnaires.
[05:44.500 --> 05:54.500]  What I don't have is the tool I need to produce documents.
[05:54.500 --> 06:01.500]  Now, I have a methodology developed out to produce legal documents.
[06:01.500 --> 06:08.500]  If anybody has been on Telegram and have looked at some of the documents that I've been posting lately,
[06:08.500 --> 06:14.500]  they've been developing a very specific style.
[06:14.500 --> 06:21.500]  And that style is developing for a very specific reason.
[06:21.500 --> 06:31.500]  What I wanted to do is ask questions that would go to legal elements and issues.
[06:31.500 --> 06:40.500]  And when I ask a question like, were you arrested? Yes. Were you arrested for an on-site offense? Yes.
[06:40.500 --> 06:46.500]  Then I ask, were you taken directly to the nearest magistrate by the most direct route?
[06:46.500 --> 06:55.500]  If they say no, then I need to produce a document that a motion to dismiss for denial of due process.
[06:55.500 --> 07:03.500]  And the issue is that 1406 allows an officer to arrest without a warrant,
[07:03.500 --> 07:06.500]  but commands him to take you directly to the nearest magistrate.
[07:06.500 --> 07:12.500]  So if they don't do that, then that indicates a motion to dismiss.
[07:12.500 --> 07:18.500]  So I want the system to automatically generate this motion.
[07:18.500 --> 07:24.500]  As I add some more sophistication to the questionnaires, I'll add a page that will go in and collect
[07:24.500 --> 07:29.500]  your individual information and put it in the database.
[07:29.500 --> 07:39.500]  If you answer this a certain way, then it will go get that information and merge it into a pleading.
[07:39.500 --> 07:44.500]  It will look at the facts that you have established.
[07:44.500 --> 07:52.500]  Each time you answer one of the questions in this questionnaire, it will ask a question like, were you arrested?
[07:52.500 --> 08:03.500]  If the person clicks yes, it will put a statement in an output report that says the client or the defendant was arrested.
[08:03.500 --> 08:09.500]  And then it will probably ask you what the date of your arrest was, because that will get important later.
[08:09.500 --> 08:15.500]  And then it will ask you, were you arrested on an existing warrant?
[08:15.500 --> 08:22.500]  If you say no, it will say defendant was not arrested on an existing warrant.
[08:22.500 --> 08:26.500]  Then defendant was arrested for an on-site offense.
[08:26.500 --> 08:34.500]  Each question will put a statement in an output report that will have all the facts that we've developed.
[08:34.500 --> 08:44.500]  It will take all of those statements and put them into a statement of facts section in the document that it creates.
[08:44.500 --> 08:54.500]  This is what became clear as I was designing this methodology, because I had an issue.
[08:54.500 --> 09:06.500]  I did not want the facts to intercede into the arguments on the issues.
[09:06.500 --> 09:16.500]  I wanted to be able to create an argument for a legal issue without the facts in that portion of the argument.
[09:16.500 --> 09:28.500]  It will always take a very specific set of facts to get to failure to take directly to a magistrate.
[09:28.500 --> 09:33.500]  You will always have to have been arrested and taken to jail instead of the magistrate.
[09:33.500 --> 09:36.500]  In the end, it does not matter if you are arrested with a warrant or without a warrant.
[09:36.500 --> 09:39.500]  They are required to take you directly to the nearest magistrate.
[09:39.500 --> 09:50.500]  And the facts that get you there, whether you are arrested with a warrant, 15.17 says they will take you directly to the nearest magistrate if you are arrested on a warrant.
[09:50.500 --> 09:57.500]  If you are arrested for an on-site offense, they are required to take you directly to the nearest magistrate.
[09:57.500 --> 10:03.500]  So let me have a section that says all that, and then it stops and then it jumps to this legal issue.
[10:03.500 --> 10:14.500]  No matter how you get to a legal issue, the legal issue itself is always argued exactly the same.
[10:14.500 --> 10:28.500]  And that is what became clear. I read these legal documents and the lawyers have the fact set interspersed into the legal argument.
[10:28.500 --> 10:37.500]  I am trying to rebuild the structure of the complaint so that the fact sets are set out separate.
[10:37.500 --> 10:46.500]  And then where they point at a legal argument, the system would just go to the database, grab that legal argument, drop it in the document.
[10:46.500 --> 11:01.500]  And we will write the legal argument so it has its own generic intro and outro so that each element will lead directly from one to the next with no mental interrupt.
[11:01.500 --> 11:04.500]  They will lead logically from one to the next.
[11:04.500 --> 11:14.500]  So we can design a tool that will literally create your document as you answer the question.
[11:14.500 --> 11:25.500]  So essentially every document the tool itself creates can be unique based on the fact set.
[11:25.500 --> 11:36.500]  So now what I need are good, well-pled legal arguments on specific legal issues.
[11:36.500 --> 11:43.500]  If any of you are out there and you are fighting legal issues, look at your motions and pleadings.
[11:43.500 --> 11:50.500]  How can you rewrite these so that you have all of your facts in a statement of facts
[11:50.500 --> 11:57.500]  and you don't speak to any of those facts in the element itself?
[11:57.500 --> 12:02.500]  It is just a matter of rearranging how you wrote it.
[12:02.500 --> 12:08.500]  We can start loading those up in this system just like the traffic ticket section does.
[12:08.500 --> 12:13.500]  You go in, I don't have that one reworked yet but I will shortly.
[12:13.500 --> 12:19.500]  You go into that one and it has a page where you put in all your ticket information.
[12:19.500 --> 12:29.500]  And it goes and gets 150 pages of documents and merges your ticket information into the documents.
[12:29.500 --> 12:40.500]  With traffic that is really easy to do because the elements and the type and number of issues
[12:40.500 --> 12:45.500]  that we can come across are extremely limited.
[12:45.500 --> 12:52.500]  So here with the traffic ticket site, I really don't care about the facts so much.
[12:52.500 --> 13:01.500]  Just that you were given a ticket because just about every state I go to, they do the same thing with tickets.
[13:01.500 --> 13:08.500]  So in every case there are a number of motions and pleadings that should be filed.
[13:08.500 --> 13:13.500]  I just finished a legal brief on a speedy trial.
[13:13.500 --> 13:22.500]  The courts say that rights belong to the belligerent litigant.
[13:22.500 --> 13:26.500]  If you want them, you must claim them.
[13:26.500 --> 13:29.500]  Now I think that is unconstitutional.
[13:29.500 --> 13:33.500]  I think that is an abortion of the law.
[13:33.500 --> 13:42.500]  The Constitution does not say you cannot abridge these rights if the person objects to you abridging these rights.
[13:42.500 --> 13:46.500]  And what the courts have said, you can abridge these rights all you want to.
[13:46.500 --> 13:53.500]  If the defendants are too ignorant to know that they can raise an issue about those rights, you're just fine.
[13:53.500 --> 13:55.500]  You can do all you want to.
[13:55.500 --> 13:59.500]  But it is a legal argument I haven't got to yet.
[13:59.500 --> 14:09.500]  If you've listened to the show much, you'll recognize that there are hundreds and hundreds of legal issues and arguments we can take on.
[14:09.500 --> 14:22.500]  What I'm trying to do is stack these together in such a way that we take the most basic issues and arguments
[14:22.500 --> 14:28.500]  and stitch them together in a logical progression.
[14:28.500 --> 14:37.500]  We'll get to that issue of speedy trial not applying unless you demand a speedy trial.
[14:37.500 --> 14:46.500]  That's something we need to take to the U.S. Supreme because not only does the state guarantee a speedy trial, so does the Fed.
[14:46.500 --> 14:56.500]  But anyway, we will build arguments for each of these issues and then stitch them together as they come up.
[14:56.500 --> 15:10.500]  And I'll need a little bit of help from some folks who are well versed in primarily MySQL databases and PHP
[15:10.500 --> 15:18.500]  and possibly a couple of other unique languages.
[15:18.500 --> 15:23.500]  There's some more sophisticated stuff that as soon as we get this working,
[15:23.500 --> 15:28.500]  some much more sophisticated stuff that I want to get to that will take more serious.
[15:28.500 --> 15:35.500]  Right now, what I'm doing doesn't take any real logic as such.
[15:35.500 --> 15:39.500]  It just says, if you click this answer, do this thing.
[15:39.500 --> 15:44.500]  And that's the extent of the logic part of the system.
[15:44.500 --> 15:49.500]  But I have some things in mind that will get somewhat more sophisticated.
[15:49.500 --> 15:53.500]  But right now, we can start putting these things together.
[15:53.500 --> 16:00.500]  And the most common issues everybody runs into, we can start building questionnaires for.
[16:00.500 --> 16:09.500]  As soon as you have traffic back up, you'll be able to go on and create the first set of documents.
[16:09.500 --> 16:17.500]  Now, those are just designed to annoy the court and give them something to do wrong
[16:17.500 --> 16:25.500]  so that when they do it wrong, then we go to the second questionnaire and it gets much more sophisticated.
[16:25.500 --> 16:33.500]  On the second questionnaire, we'll take all of those things that tend to happen at that first hearing
[16:33.500 --> 16:38.500]  and create documents to address what the courts always do wrong there.
[16:38.500 --> 16:42.500]  You get a ticket, you come in and drop off 150 pages of documents.
[16:42.500 --> 16:46.500]  You go to the first hearing, they rule against you on everything.
[16:46.500 --> 16:49.500]  You come back with another big stack of documents.
[16:49.500 --> 16:51.500]  And these get uglier and more specific.
[16:51.500 --> 16:52.500]  That's what I'm working on.
[16:52.500 --> 16:55.500]  Hang on, Grant DeKalb and Brett Fountain.
[16:55.500 --> 17:00.500]  We'll be right back.
[17:00.500 --> 17:06.500]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[17:06.500 --> 17:09.500]  People feed their pets better than they feed themselves.
[17:09.500 --> 17:11.500]  And it's time we changed all that.
[17:11.500 --> 17:17.500]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[17:17.500 --> 17:22.500]  In a world where natural foods have been irradiated, adulterated, and mutilated,
[17:22.500 --> 17:25.500]  young Jevity can provide the nutrients you need.
[17:25.500 --> 17:31.500]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
[17:31.500 --> 17:36.500]  We have come to trust young Jevity so much, we became a marketing distributor
[17:36.500 --> 17:39.500]  along with Alex Jones, Ben Fuchs, and many others.
[17:39.500 --> 17:47.500]  When you order from LogosRadioNetwork.com, your health will improve as you help support quality radio.
[17:47.500 --> 17:51.500]  As you realize the benefits of young Jevity, you may want to join us.
[17:51.500 --> 17:58.500]  As a distributor, you can experience improved health, help your friends and family, and increase your income.
[17:58.500 --> 18:00.500]  Order now.
[18:00.500 --> 18:05.500]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[18:05.500 --> 18:12.500]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk,
[18:12.500 --> 18:17.500]  where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[18:17.500 --> 18:24.500]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the Word of Truth.
[18:24.500 --> 18:28.500]  Starting in January, our first hour studies are in the Book of Mark,
[18:28.500 --> 18:31.500]  where we'll go verse by verse and discuss the true Gospel message.
[18:31.500 --> 18:38.500]  Our second hour topical studies will vary each week with discussions on sound doctrine and Christian character development.
[18:38.500 --> 18:43.500]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:43.500 --> 18:49.500]  Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus.
[18:49.500 --> 18:55.500]  So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m.
[18:55.500 --> 19:01.500]  to inspire and motivate your studies of the Scriptures.
[19:25.500 --> 19:29.500]  We are expert Christians.
[19:29.500 --> 19:34.500]  We don't have answers.
[19:34.500 --> 19:39.500]  We are expert Christians.
[19:39.500 --> 19:44.500]  And they don't have answers.
[19:44.500 --> 19:49.500]  They might not know the truth, but they'll see, Lord, how they want to make it easy.
[19:49.500 --> 19:54.500]  They might not read too politically and get mad and angry.
[19:54.500 --> 19:59.500]  They might not stand up and fight and fight for their freedom and be free.
[19:59.500 --> 20:04.500]  And they'll write their love story and get handouts from the government.
[20:04.500 --> 20:09.500]  We are expert Christians.
[20:09.500 --> 20:14.500]  We don't have answers.
[20:14.500 --> 20:19.500]  We are expert Christians.
[20:19.500 --> 20:24.500]  And they don't have answers.
[20:24.500 --> 20:29.500]  Tyranny, they might tear you, they might tear me, Lord, they might tear the country.
[20:29.500 --> 20:34.500]  Tyranny, they might tear me, they might tear you, and they might tear the country.
[20:34.500 --> 20:39.500]  They might tear up the Constitution, they might rip it in three, they might give a damn about it.
[20:39.500 --> 20:44.500]  You don't see how this country, how they might lead we, they might lead me, you see.
[20:44.500 --> 20:49.500]  We're blind and we're crazy, them leading with the destruction, you see.
[20:49.500 --> 20:54.500]  Nuclear weapon and big gun, they might point on the country.
[20:54.500 --> 20:59.500]  Tyranny, they might tear you, they might tear me, Lord, they might tear the country.
[20:59.500 --> 21:04.500]  Tyranny, they might tear you, they might tear me, Lord, they might tear the country.
[21:04.500 --> 21:09.500]  We are expert Christians.
[21:09.500 --> 21:14.500]  They don't have the answers.
[21:14.500 --> 21:19.500]  We are expert Christians.
[21:19.500 --> 21:24.500]  They don't have the answers.
[21:24.500 --> 21:29.500]  Okay, we are back. Randy Kelton, Brett Fountain, We Love Radio.
[21:29.500 --> 21:34.500]  And I did turn the phone lines on over the break.
[21:34.500 --> 21:39.500]  If you have a comment, give us a call. We do have a caller on the board.
[21:39.500 --> 21:44.500]  We have Jason from California. Hello, Jason. What do you have for us today?
[21:44.500 --> 21:49.500]  Hello, Randy and Brett.
[21:49.500 --> 21:54.500]  Good evening.
[21:54.500 --> 21:59.500]  Can you hear me okay?
[21:59.500 --> 22:04.500]  Every time somebody asks me that, I always want to say, no, I can't hear a word you're saying.
[22:04.500 --> 22:09.500]  But I keep biting my tongue. Okay, go ahead.
[22:09.500 --> 22:14.500]  Okay.
[22:14.500 --> 22:19.500]  I have a hearing set for
[22:19.500 --> 22:24.500]  the middle of next week.
[22:24.500 --> 22:29.500]  Before we get to follow up, let's get a little bit of introduction.
[22:29.500 --> 22:34.500]  Okay.
[22:34.500 --> 22:39.500]  One of the stores that has been discriminating and harassing me for a year
[22:39.500 --> 22:44.500]  over the mass and over not following their store policies,
[22:44.500 --> 22:49.500]  one of their policies was to only use a cart,
[22:49.500 --> 22:54.500]  a shopping cart with a flag and big sign on it
[22:54.500 --> 22:59.500]  in order to shop without being harassed.
[22:59.500 --> 23:04.500]  Anyway, I sent documents.
[23:04.500 --> 23:09.500]  I sent notices of affidavits and notices of claims.
[23:09.500 --> 23:14.500]  Not much happened, however,
[23:14.500 --> 23:19.500]  I disappeared.
[23:19.500 --> 23:24.500]  I started going back there and the new crew
[23:24.500 --> 23:29.500]  was told to get me out of there, basically.
[23:29.500 --> 23:34.500]  They began this kind of campaign of harassment
[23:34.500 --> 23:39.500]  allowing me to shop, but then waiting for me after
[23:39.500 --> 23:44.500]  to tell me I'm not allowed to shop there.
[23:44.500 --> 23:49.500]  I told them they were harassing me.
[23:49.500 --> 23:54.500]  They made up this story based off of a couple of the incidents
[23:54.500 --> 23:59.500]  I had initially had, and that's the story they repeated to me
[23:59.500 --> 24:04.500]  with no first-hand knowledge, with no nothing.
[24:04.500 --> 24:09.500]  I've been harassing their customers and their employees,
[24:09.500 --> 24:14.500]  and I'm like, that's totally false. You're not allowed here.
[24:14.500 --> 24:19.500]  I'm like, that's not true. I'm going to keep coming back.
[24:19.500 --> 24:24.500]  It happened a few times. I used your technique. I called the police one
[24:24.500 --> 24:29.500]  to try and get them to charge them with harassment.
[24:29.500 --> 24:34.500]  They fit the elements, and they wouldn't do it.
[24:34.500 --> 24:39.500]  After that moment, they backed off, and I shopped for a few months
[24:39.500 --> 24:44.500]  without issue. Then we had new
[24:44.500 --> 24:49.500]  mask stuff and whatnot, and I started getting harassed by new employees.
[24:49.500 --> 24:54.500]  One of them denied he wouldn't check me out.
[24:54.500 --> 24:59.500]  I did my shopping, and I went to pay, and this dude would not bring me up.
[24:59.500 --> 25:04.500]  That turned into a little bit of an argument
[25:04.500 --> 25:09.500]  and a scene.
[25:09.500 --> 25:14.500]  They were really excited they could use that and say, oh, I've been harassing
[25:14.500 --> 25:19.500]  the customers and the employees, using the same statement
[25:19.500 --> 25:24.500]  over and over, but still with no real
[25:24.500 --> 25:29.500]  truth and no real evidence.
[25:29.500 --> 25:34.500]  I kept going back. I'd have no issues, then an issue would pop up.
[25:34.500 --> 25:39.500]  Ultimately, let's see here.
[25:39.500 --> 25:44.500]  Right.
[25:44.500 --> 25:49.500]  There was one employee who
[25:49.500 --> 25:54.500]  I had sent documents to last year, and this dude
[25:54.500 --> 25:59.500]  shut the doors on me and stood in front of them and wouldn't let
[25:59.500 --> 26:04.500]  me in last year. Anyway, he
[26:04.500 --> 26:09.500]  liked to pretend that he didn't know me, and he would offer me a mask and ask me if I needed
[26:09.500 --> 26:14.500]  anything, and I would tell him, don't talk to me.
[26:14.500 --> 26:19.500]  He knows full well who you are, and he knows he's been harassing you previously.
[26:19.500 --> 26:24.500]  I told one of the managers about it, and I'm like,
[26:24.500 --> 26:29.500]  tell this dude to stop talking to me.
[26:29.500 --> 26:34.500]  He did it one more time, and I'm like, that's it. I film him, and he makes a big
[26:34.500 --> 26:39.500]  sound like, hey, I asked this guy if I can help him find something, and he told me
[26:39.500 --> 26:44.500]  not to talk to him, and now he's filming me. It's just absolutely
[26:44.500 --> 26:49.500]  ridiculous. I went and told this other manager, which I probably shouldn't have,
[26:49.500 --> 26:54.500]  I shouldn't have tried to have these people do anything,
[26:54.500 --> 26:59.500]  but I did, and I talked to this lady, this lady who's been
[26:59.500 --> 27:04.500]  harassing me for a year, to tell her about this guy.
[27:04.500 --> 27:09.500]  Anyway, the next time I came in, I shopped, and then same deal. Out were these two managers
[27:09.500 --> 27:14.500]  to tell me, oh, you know, they've made a decision. I'm not allowed there because I harassed their
[27:14.500 --> 27:19.500]  employees and customers, and the next time I come in,
[27:19.500 --> 27:24.500]  they're just not going to check me out. Anyway, so I go back another two times,
[27:24.500 --> 27:29.500]  no problem. The third time, I'm in there for like 30 seconds,
[27:29.500 --> 27:34.500]  and... Wait, wait, I really wanted a brief overview, not every
[27:34.500 --> 27:39.500]  single detail. I'm giving it all to you. It's a statement of fact. I know I didn't need all of it.
[27:39.500 --> 27:44.500]  You used up a whole segment on, I just needed it briefly for you to see it.
[27:44.500 --> 27:49.500]  We got it that they're harassing you. We got that part. They did raise a question for me.
[27:49.500 --> 27:54.500]  When you get to a pause point, I have a question.
[27:54.500 --> 27:59.500]  Go ahead and continue with a brief version of it, but I want to ask you something when you're done.
[27:59.500 --> 28:04.500]  I had another major...
[28:04.500 --> 28:09.500]  They're like, we're not going to check you out. I'm like, leave me alone. I walk away.
[28:09.500 --> 28:14.500]  Then I'm being followed by four people, following me,
[28:14.500 --> 28:19.500]  telling me I'm not allowed in there. I start opening
[28:19.500 --> 28:24.500]  all my groceries. They're like, sorry, you can't do that. I'm like, I'm going to pay for them.
[28:24.500 --> 28:29.500]  They're like, we're not going to let you. Anyway, that lasted
[28:29.500 --> 28:34.500]  for a good chunk of time, maybe an hour. They took
[28:34.500 --> 28:39.500]  stuff out of my basket. I'm like, I'm calling the cops.
[28:39.500 --> 28:44.500]  I had police there. Same deal. They talked to them.
[28:44.500 --> 28:49.500]  They had people talking to the cops, employees talking to them,
[28:49.500 --> 28:54.500]  that had absolutely no interaction with me. It was shocking.
[28:54.500 --> 28:59.500]  The police wouldn't do anything, but they assured me. They told them to leave me alone,
[28:59.500 --> 29:04.500]  but they request that I don't go back in there. I'm like, well, they can request and I can decline.
[29:04.500 --> 29:09.500]  I'm like, I'm going to get what I came to get.
[29:09.500 --> 29:14.500]  I tried to get ahold of this district manager.
[29:14.500 --> 29:19.500]  I called her that day when I was being stalked and followed.
[29:19.500 --> 29:24.500]  I called her a few other times. She never got back to me. Finally, we spoke,
[29:24.500 --> 29:29.500]  and she did the exact same thing. She repeated this hearsay
[29:29.500 --> 29:34.500]  that I've been harassing customers and employees.
[29:34.500 --> 29:39.500]  That's what I didn't want to do, is use up the whole segment
[29:39.500 --> 29:44.500]  on a brief introduction so people would know where you're at.
[29:44.500 --> 29:49.500]  When we come back, let's get to the point. Randy Kelton, Brett Fountain, Rue of La Radio.
[29:49.500 --> 30:01.500]  We'll be right back.
[30:01.500 --> 30:06.500]  Businesses ask you for a lot of personal information, and you may trust them to keep it safe.
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[33:32.500 --> 33:38.500]  Okay, we are back.
[33:38.500 --> 33:42.500]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Jason in California.
[33:42.500 --> 33:44.500]  Okay, Jason, we get the idea.
[33:44.500 --> 33:46.500]  You've been going to the store.
[33:46.500 --> 33:51.500]  They want you to do what they want you to do, and you don't want to do what they want you to do.
[33:51.500 --> 33:56.500]  And I've wondered, you know, we spoke to Brett on the break about this.
[33:56.500 --> 34:06.500]  I understand that they filed an action against you to stop you from coming there accusing you of harassing them.
[34:06.500 --> 34:10.500]  It would have been better had you filed against them first.
[34:10.500 --> 34:14.500]  Being a plaintiff is always better.
[34:14.500 --> 34:16.500]  But okay, this is where we're at.
[34:16.500 --> 34:18.500]  You have an action against you.
[34:18.500 --> 34:23.500]  Have you responded to the action they have filed?
[34:23.500 --> 34:26.500]  No, not yet.
[34:26.500 --> 34:29.500]  That's what I'm kind of stressing out about.
[34:29.500 --> 34:32.500]  How long ago did you get notice?
[34:32.500 --> 34:38.500]  I don't know, specifically last week.
[34:38.500 --> 34:48.500]  Okay, you generally have until the Monday after the 20th day from the date you receive notice, so you need to get busy.
[34:48.500 --> 34:55.500]  If you don't have everything ready when the clock is running out, file something, anything.
[34:55.500 --> 34:59.500]  Just get an object, just a general objection to everything.
[34:59.500 --> 35:00.500]  Okay.
[35:00.500 --> 35:02.500]  Get something in.
[35:02.500 --> 35:04.500]  You can always amend it later.
[35:04.500 --> 35:05.500]  Well, is this civil?
[35:05.500 --> 35:08.500]  He said harassment, so I'm guessing criminal.
[35:08.500 --> 35:12.500]  No, they have this quasi thing going on.
[35:12.500 --> 35:14.500]  This is what I learned.
[35:14.500 --> 35:20.500]  It's family court as per local court rules.
[35:20.500 --> 35:26.500]  So it's a petition for workplace violence restraining order.
[35:26.500 --> 35:39.500]  I did learn the temporary order was declined, which is good, for a lack of evidence.
[35:39.500 --> 35:42.500]  Let me, I can read this.
[35:42.500 --> 35:53.500]  So the temporary was declined, denied, because the facts stated in their petition do not sufficiently show reasonable proof
[35:53.500 --> 35:59.500]  that the employee has suffered unlawful violence or a credible threat of violence by the respondent.
[35:59.500 --> 36:07.500]  And that great irreparable harm to the employee would result if a temporary order was not issued.
[36:07.500 --> 36:13.500]  So in their whole rules for service is different.
[36:13.500 --> 36:16.500]  And that's what I got from what you said.
[36:16.500 --> 36:18.500]  They accused you of violence.
[36:18.500 --> 36:26.500]  This is a specific rule that allows you to file based on violence, but they don't have any violence.
[36:26.500 --> 36:29.500]  Apparently, they didn't allege any violence.
[36:29.500 --> 36:35.500]  They alleged annoyance, and annoyance is different than violence.
[36:35.500 --> 36:42.500]  So it appears the judge already recognizes these guys don't have a case.
[36:42.500 --> 36:46.500]  So I suggest file a counterclaim.
[36:46.500 --> 36:49.500]  See, that I have no idea how to do.
[36:49.500 --> 36:55.500]  According to the statute and the rules, I must, quote-unquote,
[36:55.500 --> 37:02.500]  respond with their form, response to petition for workplace violence.
[37:02.500 --> 37:11.500]  And so I've kind of been filling that out and then composing what I was somewhat of like an affidavit of fact
[37:11.500 --> 37:15.500]  that I was going to have notarized and kind of attached that to this.
[37:15.500 --> 37:19.500]  Okay, here's what I suggest.
[37:19.500 --> 37:26.500]  If someone, if you're not instigating these interactions, and they are,
[37:26.500 --> 37:38.500]  if someone approaches you and uses behavior or language that a reasonable person of ordinary prudence would find threatening,
[37:38.500 --> 37:43.500]  that's generally in every state defined as simple assault.
[37:43.500 --> 37:49.500]  I can't come and threaten to do illegal things to you if you don't do what I want you to.
[37:49.500 --> 37:51.500]  That's simple assault.
[37:51.500 --> 37:59.500]  So simple assault is violence by statute.
[37:59.500 --> 38:07.500]  So take their claim and turn it back on them.
[38:07.500 --> 38:16.500]  And then offer your video evidence to show that they're the one approaching you and making threats against you,
[38:16.500 --> 38:23.500]  not the other way around, and they may get the restraining order instead of you.
[38:23.500 --> 38:29.500]  How do I, I mean, I would flip it by petitioning for...
[38:29.500 --> 38:31.500]  Okay, wait a minute, wait a minute.
[38:31.500 --> 38:36.500]  There's not some magical incantation for motions or pleadings.
[38:36.500 --> 38:42.500]  A lot of people think that everything has to be done exactly precisely this way, horse manure.
[38:42.500 --> 38:51.500]  If they insist that you answer with their form, answer with their form, and then attach a document that says to the court
[38:51.500 --> 38:57.500]  that you have not been the aggressor in any actions with these people.
[38:57.500 --> 39:07.500]  They have always approached you in precipitated interactions that amount to simple assault.
[39:07.500 --> 39:14.500]  And ask the court to issue a restraining order against their employees.
[39:14.500 --> 39:18.500]  Just tell them to leave me alone.
[39:18.500 --> 39:22.500]  There's no special way of writing this up.
[39:22.500 --> 39:26.500]  Every circumstance is going to be somewhat different.
[39:26.500 --> 39:28.500]  But look at simple assault.
[39:28.500 --> 39:31.500]  Look at the elements of simple assault.
[39:31.500 --> 39:40.500]  And write your counterclaim in terms of the verbiage of the statute.
[39:40.500 --> 39:43.500]  Which statute?
[39:43.500 --> 39:44.500]  Simple assault.
[39:44.500 --> 39:49.500]  Statute. It doesn't exist in California.
[39:49.500 --> 39:53.500]  Of course it does. Of course it does. It exists in every state.
[39:53.500 --> 39:57.500]  Absolutely has to have assault in every state.
[39:57.500 --> 40:01.500]  They have the assault and it's like...
[40:01.500 --> 40:02.500]  Well, there you go.
[40:02.500 --> 40:04.500]  I mean, I could look it up right now.
[40:04.500 --> 40:10.500]  I can't use it because it's so specific.
[40:10.500 --> 40:16.500]  I looked at this last year, but I'll look it up right now just to tell you.
[40:16.500 --> 40:21.500]  Let me see. Penal code, it's 240.
[40:21.500 --> 40:27.500]  240. Okay. Assault and battery.
[40:27.500 --> 40:36.500]  Assault is an unlawful attempt coupled with a present ability to commit a violent injury on the person of another.
[40:36.500 --> 40:38.500]  That's it. There's no other...
[40:38.500 --> 40:49.500]  Okay. A violent injury is if someone says something to you that you take as threatening and causes you to be fearful.
[40:49.500 --> 40:53.500]  That's a violent injury.
[40:53.500 --> 40:57.500]  They don't have to beat you to death. It's enough.
[40:57.500 --> 41:03.500]  Let's see. Misdemeanor offense. I'm looking for...
[41:03.500 --> 41:08.500]  What I think I can definitely prove is they've harassed...
[41:08.500 --> 41:13.500]  They've actually done the harassment.
[41:13.500 --> 41:16.500]  Let me see.
[41:16.500 --> 41:24.500]  Harassment.
[41:24.500 --> 41:29.500]  Okay. What's the statute for harassment?
[41:29.500 --> 41:36.500]  I want to say 649.
[41:36.500 --> 41:43.500]  I'm kind of remembering some of these, but okay.
[41:43.500 --> 41:53.500]  A person who willfully, maliciously, and repeatedly follows...
[41:53.500 --> 41:56.500]  No, this is stalking.
[41:56.500 --> 42:07.500]  Take a look at 240, 242, 245. See if some of those match what you're looking for.
[42:07.500 --> 42:09.500]  We're talking the penal code.
[42:09.500 --> 42:13.500]  Right. California penal code.
[42:13.500 --> 42:15.500]  Yeah.
[42:15.500 --> 42:24.500]  I'm seeing 240, 242, 245. Those are the ones that might...
[42:24.500 --> 42:30.500]  I haven't got into any of them yet, but I'm just hitting the high points so that you can try to take a look.
[42:30.500 --> 42:34.500]  There's a 243 that looks like maybe battery.
[42:34.500 --> 42:35.500]  Let me dig in here.
[42:35.500 --> 42:44.500]  I mean, no one's ever touched me. They touched my cart and my groceries.
[42:44.500 --> 42:48.500]  Okay. The main question is you're saying...
[42:48.500 --> 43:03.500]  So even though this is a clause, I think, and they have not served me a pleading, or there's no complaint, there's a petition,
[43:03.500 --> 43:13.500]  I can respond with a motion if I wanted to, or an actual complaint and a pleading.
[43:13.500 --> 43:27.500]  Or are we talking about responding with civil harassment, which they fit the elements of?
[43:27.500 --> 43:28.500]  Let me see.
[43:28.500 --> 43:33.500]  The elements of physical, of civil harassment.
[43:33.500 --> 43:39.500]  Okay. I'll tell you when you come back.
[43:39.500 --> 43:44.500]  Okay. Hang on. This is Randy Kelton, Brett Fountain, Wundera Radio.
[43:44.500 --> 43:49.500]  Calling number 512-646-1984.
[43:49.500 --> 43:52.500]  Okay. I got him muted.
[43:52.500 --> 43:54.500]  He was making a lot of noise.
[43:54.500 --> 43:59.500]  Okay. Hang on. We'll be right back.
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[47:33.500 --> 47:58.500]  Okay, we are back. Randy Kelton-Brett, Frout & Ruva Radio, and we're talkin' to Jason in California, and Jason, I'm looking in California Law and this shouselaw.com. California Penal Code 240, it has a section, How Does California Law Define the Crime of Simple Assault?
[47:58.500 --> 48:11.500]  You did enact that by its nature would probably result directly in the application of force to someone else. Did they ever touch your cart?
[48:11.500 --> 48:14.500]  Um, yes, yes.
[48:14.500 --> 48:18.500]  That's enough. Did they take stuff out of your cart?
[48:18.500 --> 48:23.500]  Yeah, the most recent thing that happened in May, yes, they did.
[48:23.500 --> 48:28.500]  Okay, okay, don't tell the whole story. Don't tell the whole story.
[48:28.500 --> 48:33.500]  You did enact willfully. Did they act willfully?
[48:33.500 --> 48:35.500]  Yeah.
[48:35.500 --> 48:45.500]  When you acted, you were aware of facts that would lead a reasonable person to believe that the act would directly and probably result in the application of force to the person.
[48:45.500 --> 48:59.500]  When they put their hand on your cart, when they took items out of your cart, a reasonable person would expect someone to respond to that by some action.
[48:59.500 --> 49:10.500]  When you acted, you had the present ability to apply force to the person. What you said meets all of these.
[49:10.500 --> 49:15.500]  Charge them with simple assault, criminally.
[49:15.500 --> 49:20.500]  I don't want to do that.
[49:20.500 --> 49:28.500]  Okay, so 240. Even though, like that, what you read to me is not in the California penal code anymore.
[49:28.500 --> 49:40.500]  Okay, hold on, hold on, hold on. No law is so complete that it can anticipate every possible permutation behavior.
[49:40.500 --> 49:49.500]  You have to look at it. Look at the general, look at what it's saying here. Put in shouselaw.com.
[49:49.500 --> 49:50.500]  Okay.
[49:50.500 --> 49:53.500]  California defense penal code 240.
[49:53.500 --> 49:57.500]  Well, it's also on finallaw.com. You can just drill down to it.
[49:57.500 --> 50:11.500]  This is telling you what it takes. You argue this, that they grabbed your cart and stopped you, that they took things out of your cart.
[50:11.500 --> 50:14.500]  That's an aggressive act.
[50:14.500 --> 50:24.500]  They did it willfully, and they essentially did it maliciously, and they certainly had the ability to use force.
[50:24.500 --> 50:32.500]  That's enough. Charge them with it. Let them argue that the charge doesn't apply.
[50:32.500 --> 50:33.500]  Okay.
[50:33.500 --> 50:38.500]  And don't go to the police and ask the police, will you please take my criminal complaint?
[50:38.500 --> 50:44.500]  They're going to say heck no. They don't want to bother. That's not how this works.
[50:44.500 --> 50:47.500]  You write up a criminal affidavit.
[50:47.500 --> 50:59.500]  And if you don't know how to write criminal affidavits, just go to the county court and ask to see the last three criminal cases filed in that court.
[50:59.500 --> 51:07.500]  In the case, you are going to find an information.
[51:07.500 --> 51:14.500]  An information is a criminal complaint that is in proper form.
[51:14.500 --> 51:24.500]  When a complaint is filed with them, they don't expect it to be in proper form because it's intended that lay persons file criminal complaints.
[51:24.500 --> 51:30.500]  So they ask the prosecutor to take that criminal complaint and convert it to proper form.
[51:30.500 --> 51:45.500]  So all you need to do is take an information and look at how it's structured, change the words information to complaint, and you got a complaint in proper form.
[51:45.500 --> 52:07.500]  Take this allegation, fill out their, I had that document up, CH 110 or something, fill out their document, then attach to it a criminal affidavit and a request for a restraining order against them.
[52:07.500 --> 52:08.500]  What do you think?
[52:08.500 --> 52:15.500]  It feels very intimidating to me.
[52:15.500 --> 52:22.500]  I'd love to separate, like focus on one thing at a time, like deal with this matter, get rid of it, and then just put all my-
[52:22.500 --> 52:24.500]  Wait a minute, wait a minute.
[52:24.500 --> 52:27.500]  You don't get to do that.
[52:27.500 --> 52:33.500]  You've been dealing with this issue how long?
[52:33.500 --> 52:36.500]  For a year.
[52:36.500 --> 52:41.500]  Okay, in a year, you need to have this down.
[52:41.500 --> 52:48.500]  If you're going to take on the fight, you need to do your homework.
[52:48.500 --> 52:50.500]  Go do your homework.
[52:50.500 --> 53:02.500]  When you've done your homework, when you've read these codes and you dig up a little case law on these and read the cases, they'll explain this in wonderful detail.
[53:02.500 --> 53:11.500]  I find case law is always a great read, and they don't just address the point they're speaking to.
[53:11.500 --> 53:18.500]  They address points in front of it and points behind it so that they get the issue in context.
[53:18.500 --> 53:30.500]  You read two or three cases on these kinds of preliminary, these petitions for restraining orders, you'll have a real good idea of how to write it.
[53:30.500 --> 53:32.500]  It gets a lot easier, but you have to do your homework.
[53:32.500 --> 53:35.500]  I didn't look at normal restraining orders.
[53:35.500 --> 53:39.500]  I looked up these workplace things, but this is my question.
[53:39.500 --> 53:49.500]  I don't understand that I can do this in this venue with this family court, or can I?
[53:49.500 --> 53:51.500]  Of course you can.
[53:51.500 --> 53:55.500]  They're commanding you to do this in this court?
[53:55.500 --> 54:02.500]  Of course you can, if they attempt to interfere with you in any way, then you just file an appeal.
[54:02.500 --> 54:10.500]  Your whole purpose in the trial court should always be to set the record for appeal.
[54:10.500 --> 54:11.500]  Look at the law.
[54:11.500 --> 54:16.500]  You just follow the law.
[54:16.500 --> 54:23.500]  If they claim jurisdiction, if the court claims jurisdiction, let it have jurisdiction.
[54:23.500 --> 54:27.500]  You have the facts of the law on your side.
[54:27.500 --> 54:35.500]  They're accusing you of what they're essentially admitting to doing.
[54:35.500 --> 54:44.500]  Apparently the court already got that because he wouldn't issue an emergency restraining order.
[54:44.500 --> 54:46.500]  That's what they asked for.
[54:46.500 --> 54:53.500]  The emergency restraining order is one that the court issues until he can have a hearing on the matter.
[54:53.500 --> 54:55.500]  He told them, heck no.
[54:55.500 --> 54:57.500]  They didn't meet the requirements for a restraining order.
[54:57.500 --> 55:01.500]  They also didn't meet the requirements for the claim at all.
[55:01.500 --> 55:04.500]  Now you turn it back on their claim.
[55:04.500 --> 55:08.500]  You've got evidence, your evidence that you hold in your hands.
[55:08.500 --> 55:10.500]  They've got no evidence.
[55:10.500 --> 55:15.500]  The only evidence that can come up is exculpatory for you, and it's damning for them.
[55:15.500 --> 55:19.500]  And ask them for any video camera footage.
[55:19.500 --> 55:21.500]  They have evidence.
[55:21.500 --> 55:23.500]  They didn't provide it.
[55:23.500 --> 55:28.500]  So ask them for the evidence they have to corroborate what you're saying.
[55:28.500 --> 55:31.500]  When do I do that, right now?
[55:31.500 --> 55:32.500]  Yes.
[55:32.500 --> 55:34.500]  Before all this?
[55:34.500 --> 55:38.500]  Just add a request for discovery.
[55:38.500 --> 55:42.500]  Have you not done any discovery yet?
[55:42.500 --> 55:46.500]  No, I didn't believe this was possible.
[55:46.500 --> 55:48.500]  Okay, he hasn't answered yet, so no.
[55:48.500 --> 55:56.500]  File the answer and then follow it immediately with a request for discovery of all of the videotapes they have
[55:56.500 --> 55:59.500]  that show any of the incidents in question.
[55:59.500 --> 56:05.500]  When he files discovery, when he files the answer, that's going to end discovery, right?
[56:05.500 --> 56:06.500]  No.
[56:06.500 --> 56:09.500]  You have to file the answer before you can even start discovery.
[56:09.500 --> 56:13.500]  I don't understand.
[56:13.500 --> 56:19.500]  You guys are talking about a real court, and I'm not in a real court.
[56:19.500 --> 56:20.500]  Stop, stop.
[56:20.500 --> 56:23.500]  Don't do this patriot stuff.
[56:23.500 --> 56:31.500]  If that court claims jurisdiction, let it have jurisdiction.
[56:31.500 --> 56:34.500]  All I'm saying is it's a quasi.
[56:34.500 --> 56:36.500]  Who cares?
[56:36.500 --> 56:38.500]  What difference does that make?
[56:38.500 --> 56:45.500]  They will issue a quasi restraining order on you if you don't respond.
[56:45.500 --> 56:47.500]  And then the police will throw you in jail.
[56:47.500 --> 56:52.500]  It may be a quasi jail, but it'll feel like a real one.
[56:52.500 --> 56:59.500]  Unless you want to prepare and file a challenge to subject matter jurisdiction.
[56:59.500 --> 57:06.500]  But from talking to you, you have nowhere near the legal knowledge you need to file a subject matter jurisdiction challenge.
[57:06.500 --> 57:11.500]  So if the court wants to have a jurisdiction, let them.
[57:11.500 --> 57:16.500]  You have the facts on your side.
[57:16.500 --> 57:24.500]  So my question is, do I need to rebut every PS statement that was submitted?
[57:24.500 --> 57:26.500]  Yes, you do.
[57:26.500 --> 57:27.500]  Yes, you do.
[57:27.500 --> 57:29.500]  Okay.
[57:29.500 --> 57:34.500]  Anyone you don't rebut, you admit.
[57:34.500 --> 57:36.500]  Okay.
[57:36.500 --> 57:39.500]  Rebut them in detail.
[57:39.500 --> 57:48.500]  And if you have the videos, when you rebut, attach the video to this paragraph, say, C, attachment A.
[57:48.500 --> 57:53.500]  And it will show a video of the interaction.
[57:53.500 --> 57:56.500]  And then the next one, attachment B.
[57:56.500 --> 57:58.500]  Okay.
[57:58.500 --> 58:04.500]  This gets all of your documentation on the record.
[58:04.500 --> 58:06.500]  Yeah.
[58:06.500 --> 58:12.500]  Look up some case law and then go pull the actual cases the case law is about.
[58:12.500 --> 58:13.500]  Look through the cases.
[58:13.500 --> 58:17.500]  They'll show you all the motions and pleadings you need to file.
[58:17.500 --> 58:20.500]  You don't think I figured out all this stuff, do you?
[58:20.500 --> 58:23.500]  I got it out of court cases.
[58:23.500 --> 58:25.500]  Can you hear me?
[58:25.500 --> 58:26.500]  Yeah, I can hear you.
[58:26.500 --> 58:29.500]  Quickly, 20 minutes, 20 seconds.
[58:29.500 --> 58:37.500]  The ones I've looked at are legit workplace violence stuff where people have threatened employees.
[58:37.500 --> 58:42.500]  Okay, well, you just filed a legit, legit claim as a counterclaim.
[58:42.500 --> 58:45.500]  You're making this way, way harder than it is.
[58:45.500 --> 58:49.500]  Hang on, Randy Kelton, Brett Fountain, we'll be right back.
[58:49.500 --> 58:53.500]  The Bible remains the most popular book in the world.
[58:53.500 --> 58:57.500]  Yet countless readers are frustrated because they struggle to understand it.
[58:57.500 --> 59:01.500]  Some new translations try to help by simplifying the text,
[59:01.500 --> 59:06.500]  but in the process can compromise the profound meaning of the scripture.
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[59:08.500 --> 59:12.500]  First, this new translation is extremely faithful and accurate,
[59:12.500 --> 59:17.500]  but the real story is the more than 9,000 explanatory footnotes.
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[59:21.500 --> 59:27.500]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
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[59:32.500 --> 59:43.500]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:43.500 --> 59:47.500]  or by ordering online at freestudybible.com.
[59:47.500 --> 59:50.500]  That's freestudybible.com.
[59:50.500 --> 01:00:00.500]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.500 --> 01:00:05.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.500 --> 01:00:09.500]  They guarantee the specific freedoms Americans should know and protect.
[01:00:09.500 --> 01:00:11.500]  Our liberty depends on it.
[01:00:11.500 --> 01:00:17.500]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:17.500 --> 01:00:19.500]  Privacy is under attack.
[01:00:19.500 --> 01:00:22.500]  When you give up data about yourself, you'll never get it back again.
[01:00:22.500 --> 01:00:27.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.500 --> 01:00:32.500]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.500 --> 01:00:35.500]  Privacy, it's worth hanging on to.
[01:00:35.500 --> 01:00:38.500]  This public service announcement is brought to you by startpage.com,
[01:00:38.500 --> 01:00:42.500]  the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.500 --> 01:00:45.500]  Start over with StartPage.
[01:00:45.500 --> 01:00:49.500]  Most people think of seven as a more civilized number than six.
[01:00:49.500 --> 01:00:54.500]  Think about the number six as implicated in evil, as in the biblical 666.
[01:00:54.500 --> 01:00:58.500]  So it would fit right in that the Seventh Amendment would be about civil trials.
[01:00:58.500 --> 01:01:00.500]  Civil seven, civil trials, get it?
[01:01:00.500 --> 01:01:07.500]  Civil trials are ones where people sue instead of beating each other up over a dispute, like the dividing line between properties.
[01:01:07.500 --> 01:01:11.500]  They take their dispute to a courthouse and settle matters civilly without the fisticuffs.
[01:01:11.500 --> 01:01:16.500]  The Seventh Amendment guarantees that Americans have the right to a jury in certain civil matters
[01:01:16.500 --> 01:01:19.500]  instead of having a lone judge rule on the case.
[01:01:19.500 --> 01:01:31.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.500 --> 01:01:35.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.500 --> 01:01:39.500]  They guarantee the specific freedoms Americans should know and protect.
[01:01:39.500 --> 01:01:41.500]  Our liberty depends on it.
[01:01:41.500 --> 01:01:47.500]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:47.500 --> 01:01:49.500]  Privacy is under attack.
[01:01:49.500 --> 01:01:53.500]  When you give up data about yourself, you'll never get it back again.
[01:01:53.500 --> 01:01:57.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.500 --> 01:01:59.500]  So protect your rights.
[01:01:59.500 --> 01:02:03.500]  Say no to surveillance and keep your information to yourself.
[01:02:03.500 --> 01:02:05.500]  Privacy, it's worth hanging on to.
[01:02:05.500 --> 01:02:09.500]  This public service announcement is brought to you by Startpage.com,
[01:02:09.500 --> 01:02:13.500]  the private search engine alternative to Google, Yahoo, and Bing.
[01:02:13.500 --> 01:02:16.500]  Start over with Startpage.
[01:02:16.500 --> 01:02:22.500]  Remember the scene in George Orwell's novel, 1984, when Winston is threatened with his worst fear?
[01:02:22.500 --> 01:02:26.500]  That fear was having a cage of hungry rats unleashed on his face.
[01:02:26.500 --> 01:02:30.500]  But what if his worst fear was spiders, eight-legged spiders to be exact?
[01:02:30.500 --> 01:02:33.500]  Getting a face full of spiders would be pretty cruel and unusual.
[01:02:33.500 --> 01:02:37.500]  That image of eight-legged spiders will help you remember the Eighth Amendment.
[01:02:37.500 --> 01:02:40.500]  Our founding fathers added the Eighth Amendment to the U.S. Constitution
[01:02:40.500 --> 01:02:43.500]  to protect us from creepy-crawly eight-legged punishments
[01:02:43.500 --> 01:02:47.500]  and other cruel and unusual prison practices that were common in their day.
[01:02:47.500 --> 01:02:53.500]  The Eighth Amendment also prohibits the government from requiring excessive bail and charging excessive fines.
[01:02:53.500 --> 01:03:03.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:23.500 --> 01:03:45.500]  What's messing with me again?
[01:03:45.500 --> 01:03:52.500]  It's the top of the hour if you want to tell people it's Friday.
[01:03:52.500 --> 01:04:00.500]  Thursday, January the 14th, 2022. So there, Brett.
[01:04:00.500 --> 01:04:08.500]  And we're talking to Jason in California, and Jason, you need to go do your homework.
[01:04:08.500 --> 01:04:15.500]  You're out picking this fight, but you don't know how to fight it.
[01:04:15.500 --> 01:04:20.500]  It's okay to pick a fight, but it really stinks when you pick a fight
[01:04:20.500 --> 01:04:23.500]  and you don't know how to fight the fight.
[01:04:23.500 --> 01:04:25.500]  Go dig into cases. Just go down.
[01:04:25.500 --> 01:04:29.500]  When I first started doing legal research, I went down to the courthouse
[01:04:29.500 --> 01:04:36.500]  and I asked the clerk, can you bring me the biggest criminal case you got?
[01:04:36.500 --> 01:04:43.500]  She said, what? I want the criminal case with the most filings and pleadings in it.
[01:04:43.500 --> 01:04:46.500]  And she said, oh, that would be Mitchell Energy.
[01:04:46.500 --> 01:04:52.500]  Mitchell Energy is the company that developed fracking, and they destroyed our water table.
[01:04:52.500 --> 01:04:56.500]  It was two huge boxes.
[01:04:56.500 --> 01:05:00.500]  And I just started going through all the motions and pleadings they filed.
[01:05:00.500 --> 01:05:07.500]  I found a motion in Lemony. You know what a motion in Lemony is, Jason?
[01:05:07.500 --> 01:05:14.500]  I believe it's where you request to have or not have something admitted for evidence.
[01:05:14.500 --> 01:05:22.500]  No. A motion in Lemony is a list of all of the questions the other side can't ask.
[01:05:22.500 --> 01:05:27.500]  I found a 20-page motion in Lemony. I said, what is this?
[01:05:27.500 --> 01:05:29.500]  And read through it. Oh, this is wonderful.
[01:05:29.500 --> 01:05:32.500]  I would have never imagined filing something like that.
[01:05:32.500 --> 01:05:37.500]  The judge is hearing the motion in Lemony, and he's furious. He wants to go play golf.
[01:05:37.500 --> 01:05:42.500]  Mr. Kelton, it has an objection here to any hypnotic interviews.
[01:05:42.500 --> 01:05:46.500]  Did the prosecution do any hypnotic interviews?
[01:05:46.500 --> 01:05:50.500]  I said, I don't know, Judge. You know how they make you forget that kind of stuff.
[01:05:50.500 --> 01:05:54.500]  Denied, denied. He was furious.
[01:05:54.500 --> 01:05:59.500]  But all the motions and pleadings you need, you'll find it in the cases.
[01:05:59.500 --> 01:06:06.500]  Just go down there and ask the clerk for any cases going to simple assault,
[01:06:06.500 --> 01:06:12.500]  or go to the family court and ask for any cases going to restraining orders.
[01:06:12.500 --> 01:06:15.500]  And look through four or five cases.
[01:06:15.500 --> 01:06:20.500]  The time you went through four or five cases, you'll understand the subject matter,
[01:06:20.500 --> 01:06:24.500]  especially when you read the judge's orders.
[01:06:24.500 --> 01:06:31.500]  The judge not only tells you what he rules, but he tells you why he ruled the way he did.
[01:06:31.500 --> 01:06:35.500]  Once you've been through three or four cases, you'll have it.
[01:06:35.500 --> 01:06:38.500]  So go do that, then call us next week.
[01:06:38.500 --> 01:06:43.500]  We need to move on. We've got more callers, and we've been 45 minutes on this issue.
[01:06:43.500 --> 01:06:51.500]  Okay. My plan is going to be to request a continuance on Wednesday.
[01:06:51.500 --> 01:06:56.500]  No, just write up an objection, an opposition.
[01:06:56.500 --> 01:07:01.500]  Go down, pull some cases, look at them. Look at their answers.
[01:07:01.500 --> 01:07:05.500]  They'll tell you how to file an answer.
[01:07:05.500 --> 01:07:14.500]  Your assignment is to go to the courthouse and check some records.
[01:07:14.500 --> 01:07:20.500]  That is the quickest, easiest legal research you can do.
[01:07:20.500 --> 01:07:26.500]  I'll sign up for jurisdictionary and look at the part that has example answer.
[01:07:26.500 --> 01:07:27.500]  Super easy.
[01:07:27.500 --> 01:07:29.500]  Exactly. Exactly.
[01:07:29.500 --> 01:07:35.500]  If you do jurisdictionary, we will have a whole different conversation.
[01:07:35.500 --> 01:07:39.500]  Okay. I need to move on. Now we're going to go to Ted in California.
[01:07:39.500 --> 01:07:46.500]  Hello, Ted. Have you filed a federal suit yet?
[01:07:46.500 --> 01:07:50.500]  Well, first I want to say happy Friday, Randy.
[01:07:50.500 --> 01:07:55.500]  Humbug, humbug.
[01:07:55.500 --> 01:07:59.500]  You and Brett are conspiring against an old guy.
[01:07:59.500 --> 01:08:03.500]  This is elder abuse.
[01:08:03.500 --> 01:08:06.500]  Can you hear me okay?
[01:08:06.500 --> 01:08:07.500]  Yes.
[01:08:07.500 --> 01:08:20.500]  Okay. So what I did today, I got out by certified mail to the current court appointed lawyer forced on me a true bill.
[01:08:20.500 --> 01:08:26.500]  I sent a copy of it to you and this is the-
[01:08:26.500 --> 01:08:29.500]  Wait a minute. Wait a minute. Hold on. A true bill?
[01:08:29.500 --> 01:08:31.500]  Yeah.
[01:08:31.500 --> 01:08:37.500]  Unless you have a different meaning, only grand juries do true bills.
[01:08:37.500 --> 01:08:41.500]  Well, I guess I'm-
[01:08:41.500 --> 01:08:43.500]  Explain what a true bill is.
[01:08:43.500 --> 01:08:55.500]  We're just telling this lawyer that we're charging him $10,000 for violation of my rights and I believe it's 1346.
[01:08:55.500 --> 01:08:58.500]  I don't have the paper in front of me.
[01:08:58.500 --> 01:09:02.500]  That is a tort letter.
[01:09:02.500 --> 01:09:08.500]  Yeah. And so we're going to give him five days and then we're going to go ahead and sue him.
[01:09:08.500 --> 01:09:18.500]  I also included in there, I already put a claim into the county, Santa Clara County, back in December.
[01:09:18.500 --> 01:09:27.500]  And on July 1st, they sent out a letter denying my claim and basically threatening me that if I include them in the lawsuit,
[01:09:27.500 --> 01:09:35.500]  I better not include them in the lawsuit and that they don't- they're saying that they're not a party in all of this.
[01:09:35.500 --> 01:09:40.500]  But remember, this is an independent defender.
[01:09:40.500 --> 01:09:44.500]  The public defender's office is under the county.
[01:09:44.500 --> 01:09:52.500]  The alternate defender is also under the county and the independent defender is being paid by the county.
[01:09:52.500 --> 01:09:56.500]  So he does work for them. He's one of their agents.
[01:09:56.500 --> 01:10:02.500]  And did you bargrieve the lawyer who filed the response?
[01:10:02.500 --> 01:10:07.500]  Not yet because I'm acting on this now.
[01:10:07.500 --> 01:10:12.500]  He just earned it.
[01:10:12.500 --> 01:10:14.500]  Okay. Go ahead, Ted.
[01:10:14.500 --> 01:10:22.500]  Well, the next step I want to do is last week when Brett was in the captain's seat,
[01:10:22.500 --> 01:10:31.500]  he gave me the link to the district court, federal court criminal complaint.
[01:10:31.500 --> 01:10:40.500]  So what I want to do now is file a criminal complaint against this independent counsel.
[01:10:40.500 --> 01:10:44.500]  His name is- you know, his last name is Coughlin.
[01:10:44.500 --> 01:10:50.500]  He goes- it looks like Coughlin, but he pronounces it Coughlin.
[01:10:50.500 --> 01:11:02.500]  And anyway, I want to file a criminal- federal criminal complaint against him for this violation of 1346.
[01:11:02.500 --> 01:11:10.500]  And he's also violating- I have the right to assistance of counsel.
[01:11:10.500 --> 01:11:18.500]  And he and the court are depriving me of my counsel of my choice and assistance of counsel.
[01:11:18.500 --> 01:11:26.500]  And Ferretta is the presiding- a prevailing case in these matters.
[01:11:26.500 --> 01:11:30.500]  And a friend of mine has studied it and he's telling me some stuff.
[01:11:30.500 --> 01:11:35.500]  I haven't- he's supposed to send it to me and I'm going to read it.
[01:11:35.500 --> 01:11:41.500]  It's a ruling that explains what your rights are to counsel.
[01:11:41.500 --> 01:11:49.500]  And so I think the whole issue I'm talking about here is back in December,
[01:11:49.500 --> 01:11:57.500]  the public defender's office sent Howard Goldman to that hearing that day
[01:11:57.500 --> 01:12:03.500]  and he immediately stood up when they called my case and said conflict of interest.
[01:12:03.500 --> 01:12:08.500]  And he sat down and this Coughlin guy stood up and said, oh, I'm here to take over.
[01:12:08.500 --> 01:12:12.500]  So obviously all this stuff is going on behind my back.
[01:12:12.500 --> 01:12:17.500]  And remember, Howard Goldman is tapping out on December 3rd of last year
[01:12:17.500 --> 01:12:24.500]  because in the previous court appearance, we left the courthouse and this was in-
[01:12:24.500 --> 01:12:29.500]  let's see, November was in October of last year.
[01:12:29.500 --> 01:12:35.500]  He followed me down the sidewalk and when I turned and said, I know about the secret meetings,
[01:12:35.500 --> 01:12:40.500]  he seemed to have a nervous breakdown and screamed to me,
[01:12:40.500 --> 01:12:43.500]  why don't I have another heart attack and die?
[01:12:43.500 --> 01:12:45.500]  And so he came to the-
[01:12:45.500 --> 01:12:50.500]  Have you filed against him, criminally against him for that?
[01:12:50.500 --> 01:12:56.500]  No, and just listening to this segment that you just had, I realized I need to do that as well
[01:12:56.500 --> 01:12:59.500]  because that's actually assault.
[01:12:59.500 --> 01:13:04.500]  And see, this is why it's good to listen to your show all the time
[01:13:04.500 --> 01:13:11.500]  is because I hear more and more things that make me realize.
[01:13:11.500 --> 01:13:15.500]  And in fact, so yeah, I got a long to-do list.
[01:13:15.500 --> 01:13:16.500]  I'm going to do these things.
[01:13:16.500 --> 01:13:19.500]  I'm working on them right now.
[01:13:19.500 --> 01:13:24.500]  Last I called you, remember, I had to take 16 days and go take care of my mom.
[01:13:24.500 --> 01:13:28.500]  So I've been back in town about five days.
[01:13:28.500 --> 01:13:33.500]  I'm suffering from exhaustion, but I'm doing the best I can.
[01:13:33.500 --> 01:13:37.500]  At least I got this out today, this true bill.
[01:13:37.500 --> 01:13:41.500]  We're calling it a true bill, but yes, basically a tort letter.
[01:13:41.500 --> 01:13:47.500]  And I just wanted you to know that it's interesting that when I filed the county claim form
[01:13:47.500 --> 01:13:52.500]  on this issue of this lawyer trespassing on my case,
[01:13:52.500 --> 01:13:57.500]  they've now responded saying, you know, don't sue us.
[01:13:57.500 --> 01:14:02.500]  Warning, don't sue us because we're not responsible.
[01:14:02.500 --> 01:14:04.500]  Don't name us.
[01:14:04.500 --> 01:14:05.500]  And I beg to differ.
[01:14:05.500 --> 01:14:07.500]  They're all responsible.
[01:14:07.500 --> 01:14:13.500]  They're responsible because they've not caught them paying the judges, okay?
[01:14:13.500 --> 01:14:17.500]  And the county DA knows that judges are being paid by the county.
[01:14:17.500 --> 01:14:19.500]  They're being incentivized.
[01:14:19.500 --> 01:14:30.500]  The pay they're receiving seems to be based on their prejudice in favor of the county.
[01:14:30.500 --> 01:14:38.500]  And it's no wonder every case that comes before the court against the county
[01:14:38.500 --> 01:14:41.500]  is the people can't get justice.
[01:14:41.500 --> 01:14:44.500]  When you own the judges, what do you expect?
[01:14:44.500 --> 01:14:47.500]  And by the way, you guys, if you go...
[01:14:47.500 --> 01:14:54.500]  All of this needs to be in a federal complaint.
[01:14:54.500 --> 01:14:58.500]  You really need to get this out of the state.
[01:14:58.500 --> 01:15:02.500]  I have a template, anything to get me started, okay?
[01:15:02.500 --> 01:15:04.500]  Anything to get me started.
[01:15:04.500 --> 01:15:09.500]  And by the way, Randy, if you go down to the Hall of Justice criminal court here
[01:15:09.500 --> 01:15:13.500]  and ask to see the biggest file that they have, that would be mine.
[01:15:13.500 --> 01:15:18.500]  It's over 16 high, I guarantee you.
[01:15:18.500 --> 01:15:20.500]  You're probably right.
[01:15:20.500 --> 01:15:23.500]  So now is a good time.
[01:15:23.500 --> 01:15:31.500]  I have a lot of federal suits, but they're almost all related to mortgage.
[01:15:31.500 --> 01:15:34.500]  I'll have to look into some of my older records.
[01:15:34.500 --> 01:15:39.500]  You know what happens when you're in the fight, Randy,
[01:15:39.500 --> 01:15:43.500]  and you're throwing the punches, you're in the fight, okay?
[01:15:43.500 --> 01:15:45.500]  You're not thinking.
[01:15:45.500 --> 01:15:47.500]  You're now just fighting, okay?
[01:15:47.500 --> 01:15:53.500]  That was the frustration with the last caller is the guy won't even take the punches
[01:15:53.500 --> 01:15:58.500]  or he won't throw the punches, not take punches, throw the punches, okay?
[01:15:58.500 --> 01:16:01.500]  In California, if somebody tries to get a restraining order against you
[01:16:01.500 --> 01:16:05.500]  and they're unsuccessful, they're on the hook for damages to you.
[01:16:05.500 --> 01:16:09.500]  And this guy needs to file immediately an answer
[01:16:09.500 --> 01:16:12.500]  and then he needs to counterclaim and he's going to prevail
[01:16:12.500 --> 01:16:15.500]  and then he's going to be in, have to pay all of his damages.
[01:16:15.500 --> 01:16:17.500]  That's the way it works in California.
[01:16:17.500 --> 01:16:23.500]  And you already caught on to the fact that the judge is not believing their case.
[01:16:23.500 --> 01:16:28.500]  And so that's what that guy needs to do,
[01:16:28.500 --> 01:16:32.500]  and he needs to get out of victim mode and start throwing the punches, okay?
[01:16:32.500 --> 01:16:35.500]  I've been down all the way to a heart attack and should have died,
[01:16:35.500 --> 01:16:39.500]  and I'm still throwing punches on the fricking operating table, okay?
[01:16:39.500 --> 01:16:41.500]  I'll never stop.
[01:16:41.500 --> 01:16:44.500]  Nobody's going to ask on me.
[01:16:44.500 --> 01:16:46.500]  Okay, hang on, about to go to our sponsors,
[01:16:46.500 --> 01:16:49.500]  Randy Kelton, Brett Fountain, We Love Radio.
[01:16:49.500 --> 01:16:53.500]  We've got two empty slots on the board and three segments,
[01:16:53.500 --> 01:17:00.500]  so give us a call if you have a question or comment, we'll be right back.
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[01:19:31.500 --> 01:20:00.500]  Okay, we are back.
[01:20:00.500 --> 01:20:07.500]  Randy Fountain, Brett Fountain, and we're talking to Ted in California.
[01:20:07.500 --> 01:20:15.500]  We're talking to Ted, take on the Fed in California.
[01:20:15.500 --> 01:20:16.500]  You there?
[01:20:16.500 --> 01:20:18.500]  On Friday, no less.
[01:20:18.500 --> 01:20:26.500]  Anyway, okay, everybody, it's Thursday.
[01:20:26.500 --> 01:20:27.500]  Yes, sir, I'm here.
[01:20:27.500 --> 01:20:35.500]  I did, I was very interested in Brett's comment, if he still remembers it.
[01:20:35.500 --> 01:20:36.500]  In my comment?
[01:20:36.500 --> 01:20:40.500]  Are you talking about to the previous guy?
[01:20:40.500 --> 01:20:41.500]  No, no, to me.
[01:20:41.500 --> 01:20:45.500]  You were going to, you started to make a comment,
[01:20:45.500 --> 01:20:53.500]  and I think Randy kind of overruled you, but you have very good insight, Brett.
[01:20:53.500 --> 01:20:58.500]  And so does Randy, but there's, you know, what's nice is when you get new ears
[01:20:58.500 --> 01:21:02.500]  and eyes on things, you can see from different perspectives.
[01:21:02.500 --> 01:21:08.500]  And so I thought you had a comment regarding the, I sent this out, you know,
[01:21:08.500 --> 01:21:14.500]  this notice to this lawyer, and I'm asking, I'm charging him $10,000,
[01:21:14.500 --> 01:21:20.500]  and I'm saying that he's violating 1346, which is, it's Title 18, 1346,
[01:21:20.500 --> 01:21:28.500]  I believe is the right, is the correct number, and it has to do with fair services.
[01:21:28.500 --> 01:21:30.500]  And he's...
[01:21:30.500 --> 01:21:33.500]  It's under the frauds and swindles.
[01:21:33.500 --> 01:21:39.500]  But that would be a federal crime that you'd be accusing him of, right?
[01:21:39.500 --> 01:21:45.500]  That's not the same thing as, I think you were talking about a bar grievance before.
[01:21:45.500 --> 01:21:50.500]  Right, but well, the first thing he did is he trespassed on the case,
[01:21:50.500 --> 01:21:54.500]  and he's continuing to trespass and interfere.
[01:21:54.500 --> 01:22:00.500]  His claim is that the judge has appointed him as my counsel,
[01:22:00.500 --> 01:22:03.500]  and I'm saying, well, you're unappointed and fired.
[01:22:03.500 --> 01:22:05.500]  You don't represent me.
[01:22:05.500 --> 01:22:11.500]  And I sent him letters about a fact, and so the whole thing is I want to get this guy off.
[01:22:11.500 --> 01:22:14.500]  But didn't you already sue him?
[01:22:14.500 --> 01:22:19.500]  With the previous lawyer that I sued, I sued the public defender
[01:22:19.500 --> 01:22:23.500]  and Howard Goldman for the same thing, trespassing on the case.
[01:22:23.500 --> 01:22:25.500]  I don't want their services.
[01:22:25.500 --> 01:22:27.500]  I don't need them.
[01:22:27.500 --> 01:22:28.500]  Hold on.
[01:22:28.500 --> 01:22:34.500]  Let me read 18 U.S. Code 1346.
[01:22:34.500 --> 01:22:39.500]  For the purposes of this chapter, the term scheme or artifice to defraud
[01:22:39.500 --> 01:22:49.500]  includes a scheme or artifice to deprive another of the intangible right of honest services.
[01:22:49.500 --> 01:22:52.500]  That sounds dead on.
[01:22:52.500 --> 01:22:57.500]  But it also sounds like a state action and not a federal.
[01:22:57.500 --> 01:23:01.500]  How do we get it to the Fed?
[01:23:01.500 --> 01:23:04.500]  Well, it goes, you know, even your commercial,
[01:23:04.500 --> 01:23:08.500]  I forget the lady's name when she talks about the Constitution,
[01:23:08.500 --> 01:23:13.500]  you know, we have Sixth Amendment violations here.
[01:23:13.500 --> 01:23:15.500]  We have First Amendment violations.
[01:23:15.500 --> 01:23:20.500]  By forcing a lawyer on me, they're depriving me of a right to defend myself,
[01:23:20.500 --> 01:23:24.500]  and they're putting somebody...
[01:23:24.500 --> 01:23:25.500]  Okay, I got it.
[01:23:25.500 --> 01:23:27.500]  I got it.
[01:23:27.500 --> 01:23:36.500]  You have a state and a federal right to counsel of your choice.
[01:23:36.500 --> 01:23:40.500]  You should be able to make that claim in the federal court
[01:23:40.500 --> 01:23:47.500]  that they're denying your right to counsel of your choice by a scheme or artifice.
[01:23:47.500 --> 01:23:54.500]  With the intent to get a conviction.
[01:23:54.500 --> 01:24:01.500]  They're all in conspiracy to convict the judges, the county, the D.A.,
[01:24:01.500 --> 01:24:06.500]  just make up a federal criminal complaint against this lawyer
[01:24:06.500 --> 01:24:11.500]  and send it to the special agent in charge of the local FBI.
[01:24:11.500 --> 01:24:12.500]  Okay.
[01:24:12.500 --> 01:24:13.500]  See what happens.
[01:24:13.500 --> 01:24:14.500]  They just might pick this up.
[01:24:14.500 --> 01:24:19.500]  Or at the very least, they're going to send a couple of guys down there in cheap suits
[01:24:19.500 --> 01:24:21.500]  to talk to these folks to figure out what's going on.
[01:24:21.500 --> 01:24:24.500]  And when the Fed starts poking around in their business,
[01:24:24.500 --> 01:24:29.500]  they're going to get real tense.
[01:24:29.500 --> 01:24:35.500]  Okay, and then as far as, again, federal lawsuits, Randy,
[01:24:35.500 --> 01:24:41.500]  I just need a little bit of direction.
[01:24:41.500 --> 01:24:45.500]  You know, Google and StartPage are my friends.
[01:24:45.500 --> 01:24:51.500]  I do know that, remember, I already filed a federal lawsuit,
[01:24:51.500 --> 01:25:01.500]  and the federal judge dismissed it because she said she, well, she dismissed it without prejudice.
[01:25:01.500 --> 01:25:05.500]  She put that in all capital letters without prejudice.
[01:25:05.500 --> 01:25:12.500]  She actually, in her opinion, listed about four causes of action that I have on her own
[01:25:12.500 --> 01:25:16.500]  and told me to come back after the resolution of the state case
[01:25:16.500 --> 01:25:19.500]  that she won't interfere with their jurisdiction.
[01:25:19.500 --> 01:25:21.500]  But this is the problem.
[01:25:21.500 --> 01:25:28.500]  So you need to file with the Fed, you need to rewrite your complaint,
[01:25:28.500 --> 01:25:33.500]  file an amended complaint claiming denial of your federal right to a speedy trial.
[01:25:33.500 --> 01:25:37.500]  That gets it in the Fed.
[01:25:37.500 --> 01:25:40.500]  She's waiting for them to finish the case.
[01:25:40.500 --> 01:25:43.500]  They've been seven years on the case.
[01:25:43.500 --> 01:25:48.500]  If anything goes to speedy trial, this does.
[01:25:48.500 --> 01:25:56.500]  Yes, it's a CERN emotion is what it's commonly known as, and I read some of them.
[01:25:56.500 --> 01:26:02.500]  And typically, after three years, the appellate court justices have said it's torture.
[01:26:02.500 --> 01:26:06.500]  At that point, it becomes cruel and unusual punishment, and it's torture.
[01:26:06.500 --> 01:26:09.500]  Then file it.
[01:26:09.500 --> 01:26:12.500]  It doesn't have to be long and complex.
[01:26:12.500 --> 01:26:16.500]  Just get it in front of these federal judges.
[01:26:16.500 --> 01:26:19.500]  Seven years is indefensible.
[01:26:19.500 --> 01:26:23.500]  It's seven and a half years, actually.
[01:26:23.500 --> 01:26:29.500]  So you've already sued them, so now just file an amended pleading.
[01:26:29.500 --> 01:26:32.500]  She said file it once they've finished the case.
[01:26:32.500 --> 01:26:34.500]  Well, the case is seven years old.
[01:26:34.500 --> 01:26:42.500]  Ask the federal court to finish the case, to dismiss it for lack of speedy trial.
[01:26:42.500 --> 01:26:50.500]  Maybe I should even remove the criminal case to federal court and then file in all this stuff.
[01:26:50.500 --> 01:26:55.500]  You can't remove a state criminal case to federal court.
[01:26:55.500 --> 01:26:58.500]  Rooker Feldman will block you from that.
[01:26:58.500 --> 01:27:02.500]  But what you can do is get the federal court to rule that the state denied you
[01:27:02.500 --> 01:27:07.500]  and speedy trial, and you have a right to dismissal.
[01:27:07.500 --> 01:27:11.500]  There's a good chance they'll dismiss it out of hand.
[01:27:11.500 --> 01:27:16.500]  You're saying just file in the federal court that?
[01:27:16.500 --> 01:27:17.500]  Yes.
[01:27:17.500 --> 01:27:19.500]  Okay, my understanding is...
[01:27:19.500 --> 01:27:26.500]  Refile your original suit and add to it, at the very beginning,
[01:27:26.500 --> 01:27:30.500]  a motion to dismiss for denial of speedy trial.
[01:27:30.500 --> 01:27:36.500]  That eliminates the reason she dismissed the suit in the first place.
[01:27:36.500 --> 01:27:44.500]  Okay, and you don't think I should file the speedy trial motion in the case first?
[01:27:44.500 --> 01:27:45.500]  Hell, no.
[01:27:45.500 --> 01:27:46.500]  Get that.
[01:27:46.500 --> 01:27:51.500]  You want to spend another seven years trying to adjudicate that in the state court?
[01:27:51.500 --> 01:27:58.500]  Well, I just didn't want them to come back and say that I haven't exhausted all of my remedies in the lower court.
[01:27:58.500 --> 01:28:00.500]  Come on, Ted.
[01:28:00.500 --> 01:28:04.500]  After seven years?
[01:28:04.500 --> 01:28:06.500]  Seven and a half years.
[01:28:06.500 --> 01:28:11.500]  Seven and a half years, that would be a ludicrous claim.
[01:28:11.500 --> 01:28:13.500]  You know what that half means?
[01:28:13.500 --> 01:28:19.500]  We're halfway to Friday, Randy.
[01:28:19.500 --> 01:28:20.500]  All right, boss.
[01:28:20.500 --> 01:28:25.500]  If you're not careful, I'm going to sit Tina Churlish on here.
[01:28:25.500 --> 01:28:30.500]  She's my buddy.
[01:28:30.500 --> 01:28:32.500]  I know how to treat her the right way.
[01:28:32.500 --> 01:28:38.500]  You know what it is, I understand her pronunciations a lot better than you do.
[01:28:38.500 --> 01:28:39.500]  Oh, okay.
[01:28:39.500 --> 01:28:45.500]  She speaks with that strange foreign accent.
[01:28:45.500 --> 01:28:48.500]  Matter of fact, I'm trying to help.
[01:28:48.500 --> 01:28:50.500]  You're changing the subject.
[01:28:50.500 --> 01:28:52.500]  No, that's all I get.
[01:28:52.500 --> 01:28:54.500]  Federal suit.
[01:28:54.500 --> 01:28:55.500]  Get it done.
[01:28:55.500 --> 01:28:56.500]  You've already got the suit written.
[01:28:56.500 --> 01:29:02.500]  All you have to do is add a speed detrial claim to it and refile it.
[01:29:02.500 --> 01:29:03.500]  Okay.
[01:29:03.500 --> 01:29:05.500]  Thank you, guys.
[01:29:05.500 --> 01:29:06.500]  Okay.
[01:29:06.500 --> 01:29:08.500]  Thank you, Ted.
[01:29:08.500 --> 01:29:09.500]  Okay.
[01:29:09.500 --> 01:29:10.500]  We're about to go to our sponsors.
[01:29:10.500 --> 01:29:13.500]  When we come back, we're going to go to Jack in Texas.
[01:29:13.500 --> 01:29:14.500]  Okay.
[01:29:14.500 --> 01:29:15.500]  Let's start, Jack.
[01:29:15.500 --> 01:29:19.500]  You've got 45 seconds.
[01:29:19.500 --> 01:29:20.500]  Okay.
[01:29:20.500 --> 01:29:23.500]  I've got two quick questions, I think.
[01:29:23.500 --> 01:29:29.500]  One is, what does it look like when you challenge subject matter's jurisdiction
[01:29:29.500 --> 01:29:37.500]  and they answer with a real response, not we have jurisdiction?
[01:29:37.500 --> 01:29:40.500]  Oh, I want to see that response.
[01:29:40.500 --> 01:29:41.500]  Hang on.
[01:29:41.500 --> 01:29:44.500]  Randy Fountain, Rue La Radio.
[01:29:44.500 --> 01:29:45.500]  I'm not going to get out the call.
[01:29:45.500 --> 01:29:48.500]  We only have two segments left.
[01:29:48.500 --> 01:29:50.500]  I think we have, yeah, two segments left.
[01:29:50.500 --> 01:30:02.500]  So hang on, we'll be right back.
[01:30:02.500 --> 01:30:09.500]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
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[01:33:35.500 --> 01:33:46.500]  Okay, we are back.
[01:33:46.500 --> 01:33:48.500]  Randy Kelton, Brett Fountain, Rule of Law Radio,
[01:33:48.500 --> 01:33:53.500]  and we're talking to Jack in Texas.
[01:33:53.500 --> 01:33:55.500]  Okay.
[01:33:55.500 --> 01:33:58.500]  What was his question, Brett?
[01:33:58.500 --> 01:34:02.500]  I think he asked, what do you do when you do a subject matter
[01:34:02.500 --> 01:34:05.500]  challenge and the judge doesn't do right?
[01:34:05.500 --> 01:34:09.500]  No, I think he asked when they answer it.
[01:34:09.500 --> 01:34:12.500]  If they answer it but it's not right?
[01:34:12.500 --> 01:34:17.500]  No, if they answer, and it is right.
[01:34:17.500 --> 01:34:20.500]  Oh, that's wonderful.
[01:34:20.500 --> 01:34:24.500]  What was the nature, was this traffic?
[01:34:24.500 --> 01:34:26.500]  No, no, no, this is hypothetical.
[01:34:26.500 --> 01:34:29.500]  They haven't answered squat yet.
[01:34:29.500 --> 01:34:31.500]  I just want to know.
[01:34:31.500 --> 01:34:33.500]  Oh, it's one of those peach elephants.
[01:34:33.500 --> 01:34:34.500]  Oh, okay.
[01:34:34.500 --> 01:34:37.500]  We've always heard about those.
[01:34:37.500 --> 01:34:43.500]  Okay, what you do is you, okay, the way motions please work,
[01:34:43.500 --> 01:34:46.500]  there's the motion of pleading, there's an answer,
[01:34:46.500 --> 01:34:50.500]  and then the filer can file a rebuttal to the answer,
[01:34:50.500 --> 01:34:52.500]  and it stops there.
[01:34:52.500 --> 01:35:01.500]  So you look at their pleading and rip it apart as best you can.
[01:35:01.500 --> 01:35:11.500]  Or if your motion was insufficient, then you don't have grounds
[01:35:11.500 --> 01:35:15.500]  for, say, subject matter jurisdiction challenge.
[01:35:15.500 --> 01:35:18.500]  Best to say so.
[01:35:18.500 --> 01:35:27.500]  And I have filed responses that said counsel's arguments are well taken.
[01:35:27.500 --> 01:35:30.500]  It will get you a long way.
[01:35:30.500 --> 01:35:37.500]  If you have filed an opposition in error,
[01:35:37.500 --> 01:35:41.500]  speaking to that opposition won't help you.
[01:35:41.500 --> 01:35:48.500]  But Mordechai Olivier, he was in the federal court and he filed an action,
[01:35:48.500 --> 01:35:52.500]  and the court dismissed it.
[01:35:52.500 --> 01:35:54.500]  And he was furious.
[01:35:54.500 --> 01:35:59.500]  I told him, wait, wait, wait, wait, wait, go back and read it carefully.
[01:35:59.500 --> 01:36:01.500]  And he did.
[01:36:01.500 --> 01:36:05.500]  He came back and said they were right.
[01:36:05.500 --> 01:36:11.500]  They explained, in a federal case, they always give you an order and a judgment.
[01:36:11.500 --> 01:36:14.500]  The order is not completed unless there is a judgment,
[01:36:14.500 --> 01:36:20.500]  and effectively what the judgment is is findings of fact and conclusions of law.
[01:36:20.500 --> 01:36:24.500]  And when he read it, he found the judge was right.
[01:36:24.500 --> 01:36:34.500]  So I suggested that he file a response saying that the court's criticisms are well taken.
[01:36:34.500 --> 01:36:40.500]  And then we argue why the judge should rule in your favor.
[01:36:40.500 --> 01:36:42.500]  And he did that.
[01:36:42.500 --> 01:36:46.500]  And the judge responded.
[01:36:46.500 --> 01:36:53.500]  He asked him to reconsider, and the judge did reconsider and upheld his ruling and explained why.
[01:36:53.500 --> 01:37:07.500]  But in his brief, he mentioned two or three times that Mr. Mordechai indicated that the court's reasoning was well taken
[01:37:07.500 --> 01:37:15.500]  and that he hopes that Mr. Mordechai will take these arguments, these issues, as well as he did the first.
[01:37:15.500 --> 01:37:19.500]  The judge did that three times.
[01:37:19.500 --> 01:37:31.500]  That indicated that he got the judge's attention, that he's demonstrating to the judge that he's not adversarial to the court.
[01:37:31.500 --> 01:37:33.500]  Yeah, the judge liked that.
[01:37:33.500 --> 01:37:37.500]  Yeah, he's adversarial to opposing parties the way he should be.
[01:37:37.500 --> 01:37:41.500]  Yeah, and exactly, the judge liked that.
[01:37:41.500 --> 01:37:47.500]  And this is civil. We should be civil.
[01:37:47.500 --> 01:37:49.500]  Does that make sense, Jack?
[01:37:49.500 --> 01:37:51.500]  Yeah, that makes a lot of sense.
[01:37:51.500 --> 01:37:59.500]  So what you're saying is they have to respond in writing, write something in writing?
[01:37:59.500 --> 01:38:01.500]  Yes.
[01:38:01.500 --> 01:38:08.500]  Okay, and if they just say, we have jurisdiction because we have jurisdiction?
[01:38:08.500 --> 01:38:18.500]  I just had one do that, and I'm about to hammer him big time.
[01:38:18.500 --> 01:38:21.500]  We have jurisdiction because I say so.
[01:38:21.500 --> 01:38:28.500]  Well, actually, what he claimed to do was deny my subject matter jurisdiction challenge.
[01:38:28.500 --> 01:38:35.500]  Well, there are a lot of things you can do with the subject matter jurisdiction challenge, but deny it's not one of them.
[01:38:35.500 --> 01:38:42.500]  The judge has to prove up jurisdiction, and he failed to do so.
[01:38:42.500 --> 01:38:46.500]  So that gets a bar grievance because he's still got a bar card.
[01:38:46.500 --> 01:39:01.500]  This is judicial conduct complaint, and it gets a written mandamus to the Court of Appeals asking them to order the judge to prove up jurisdiction.
[01:39:01.500 --> 01:39:05.500]  That's awesome.
[01:39:05.500 --> 01:39:11.500]  Okay, I missed the first part.
[01:39:11.500 --> 01:39:16.500]  Okay, yeah, you had two questions, and this was the first of those two questions.
[01:39:16.500 --> 01:39:20.500]  Yeah, the second question is pretty easy.
[01:39:20.500 --> 01:39:23.500]  I'm trying to get on the telegram thing.
[01:39:23.500 --> 01:39:25.500]  How do I do that without a cell phone?
[01:39:25.500 --> 01:39:28.500]  They always want a cell phone. They want me to download something.
[01:39:28.500 --> 01:39:33.500]  I don't have a cell phone. I don't use cell phones.
[01:39:33.500 --> 01:39:38.500]  Does your wife or neighbor have a cell phone?
[01:39:38.500 --> 01:39:41.500]  Yeah, I've got family that use cell phones.
[01:39:41.500 --> 01:39:44.500]  Yeah, just get somebody that's got one and have them download the app.
[01:39:44.500 --> 01:39:52.500]  Once you've downloaded the app, then you can set it up on your desktop, and then they can delete the app off of their cell phone.
[01:39:52.500 --> 01:39:59.500]  Oh, okay. So you don't really need it on there all the time. You just need it to sign on or something like that?
[01:39:59.500 --> 01:40:06.500]  Yes. I never use the app on my phone, and I probably should take it off because it's always beeping and digging.
[01:40:06.500 --> 01:40:13.500]  Every time somebody posts something, it beeps at me, and it gets really annoying.
[01:40:13.500 --> 01:40:17.500]  All right. Well, I guess that's it for now then. I appreciate it.
[01:40:17.500 --> 01:40:21.500]  I hope it was short and sweet, and you have time for other folks.
[01:40:21.500 --> 01:40:27.500]  Okay. Thank you, Jack. Okay, now we're going to go to Penny in Texas.
[01:40:27.500 --> 01:40:31.500]  Penny, what do you have for us today?
[01:40:31.500 --> 01:40:38.500]  Well, first off, I want to say I don't think I ever got the zip file, Randy, for the traffic stuff.
[01:40:38.500 --> 01:40:41.500]  The zip file.
[01:40:41.500 --> 01:40:45.500]  You sent me a page called Dbase file.
[01:40:45.500 --> 01:40:52.500]  Okay. She was asking for my traffic ticket documents.
[01:40:52.500 --> 01:40:58.500]  I sent them as individual documents, and I sent them as a zipped file.
[01:40:58.500 --> 01:41:02.500]  I looked in the email, and they were in there.
[01:41:02.500 --> 01:41:04.500]  They were in where?
[01:41:04.500 --> 01:41:07.500]  In the email I sent you.
[01:41:07.500 --> 01:41:12.500]  Well, I've only got one attachment, and it says Dbase file 7.
[01:41:12.500 --> 01:41:19.500]  Well, then you must not have gotten my emails, because in my sent folder, I've got emails.
[01:41:19.500 --> 01:41:25.500]  I sent the zip file, and you said you couldn't open it or see it or something,
[01:41:25.500 --> 01:41:27.500]  so I sent all of the documents individually.
[01:41:27.500 --> 01:41:30.500]  But if you'll send me an email, I'll resend them.
[01:41:30.500 --> 01:41:34.500]  Yeah, I sent you an email, I think, last night to resend them.
[01:41:34.500 --> 01:41:37.500]  It shows you how they show up to me.
[01:41:37.500 --> 01:41:43.500]  Okay. If I have to, I'll convert them to PDFs.
[01:41:43.500 --> 01:41:47.500]  Do you have Acrobat?
[01:41:47.500 --> 01:41:52.500]  Yeah. Or Adobe, actually.
[01:41:52.500 --> 01:41:54.500]  Adobe Reader or Adobe Acrobat?
[01:41:54.500 --> 01:41:56.500]  I can't open either.
[01:41:56.500 --> 01:41:58.500]  With Reader, you can't do this.
[01:41:58.500 --> 01:42:05.500]  If you have Acrobat, you can export it as a Word file.
[01:42:05.500 --> 01:42:08.500]  I'll try resending them. If that don't work, then I'll send them as PDFs.
[01:42:08.500 --> 01:42:10.500]  You'll definitely be able to see those.
[01:42:10.500 --> 01:42:13.500]  Okay. Yeah, I would appreciate it very much.
[01:42:13.500 --> 01:42:28.500]  My question is, there are a lot of ranchers and farmers who are going to be getting their livestock misdiagnosed
[01:42:28.500 --> 01:42:32.500]  as having different diseases and be ordered to destroy them.
[01:42:32.500 --> 01:42:40.500]  I just want to know, is there some way they can combat that misdiagnosis?
[01:42:40.500 --> 01:42:45.500]  Is there some way that they can forestall killing off their livestock?
[01:42:45.500 --> 01:42:48.500]  That started right in the middle of something.
[01:42:48.500 --> 01:42:53.500]  There aren't that many things that require your livestock to be killed off.
[01:42:53.500 --> 01:42:57.500]  A lot of ranchers and ranchers of the world who are being told to destroy their livestock.
[01:42:57.500 --> 01:43:01.500]  Who's telling you that?
[01:43:01.500 --> 01:43:04.500]  Their government.
[01:43:04.500 --> 01:43:07.500]  That's a little too general.
[01:43:07.500 --> 01:43:11.500]  What are the diseases they're claiming?
[01:43:11.500 --> 01:43:19.500]  Well, I think in Oklahoma, they're reclaiming avian flu for 27,000 chickens or something.
[01:43:19.500 --> 01:43:25.500]  Okay. That has been a serious problem, avian flu.
[01:43:25.500 --> 01:43:27.500]  Where it's not.
[01:43:27.500 --> 01:43:31.500]  I don't know. You'll have to prove that they're lying.
[01:43:31.500 --> 01:43:33.500]  Yeah, well, yeah.
[01:43:33.500 --> 01:43:38.500]  The deal is how would you, if you were a former rancher that says,
[01:43:38.500 --> 01:43:44.500]  okay, somebody diagnosed my chickens, my 20,000 chickens with avian flu, how do I fight that?
[01:43:44.500 --> 01:43:51.500]  You get someone to retest them and then challenge it if the test comes out negative.
[01:43:51.500 --> 01:43:54.500]  Hang on, Randy Kelton, Brett Fountain, we'll be right back.
[01:43:54.500 --> 01:43:59.500]  Okay.
[01:44:24.500 --> 01:44:29.500]  We'll be right back.
[01:44:54.500 --> 01:45:01.500]  Go to mirras.yahoo.com to learn how to stop debt collectors next.
[01:45:01.500 --> 01:45:04.500]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:01.500 --> 01:46:22.500]  Hello. Oh man, you're in jail. You got busted. Oh man, I'm broke here.
[01:46:22.500 --> 01:46:31.500]  Some things in this world I will never understand. Some things I realize foolish.
[01:46:31.500 --> 01:46:39.500]  Somebody's gonna police that policeman. Somebody's gonna police the bully.
[01:46:39.500 --> 01:46:47.500]  There's always a room at the top of the hill. I hear through the grapevine and it's lonely.
[01:46:47.500 --> 01:46:54.500]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Penny in Texas.
[01:46:54.500 --> 01:46:59.500]  And Penny, if you have someone in there diagnosing your chicken with avian flu,
[01:46:59.500 --> 01:47:03.500]  you need to bring in another expert of your own and have them do a second test
[01:47:03.500 --> 01:47:06.500]  and then challenge the diagnosis.
[01:47:06.500 --> 01:47:11.500]  All right. All right. Well, that's really all I had.
[01:47:11.500 --> 01:47:14.500]  I just wanted to, you know, I feel like a lot of farmers and ranchers,
[01:47:14.500 --> 01:47:18.500]  they get a diagnosis from the USDA and as far as they're concerned,
[01:47:18.500 --> 01:47:22.500]  you know, like that's God's word.
[01:47:22.500 --> 01:47:24.500]  Well, you can definitely fight it.
[01:47:24.500 --> 01:47:30.500]  Especially all over the world. You know, a lot of them are being lied to.
[01:47:30.500 --> 01:47:37.500]  Okay, well, that's why you bring in your own experts. Then you have dueling experts.
[01:47:37.500 --> 01:47:39.500]  Good. Okay.
[01:47:39.500 --> 01:47:40.500]  Okay.
[01:47:40.500 --> 01:47:41.500]  Tell them that.
[01:47:41.500 --> 01:47:44.500]  Thank you. Thank you, Penny.
[01:47:44.500 --> 01:47:46.500]  Now we're going to Daisy in Ohio.
[01:47:46.500 --> 01:47:50.500]  Daisy, what do you have for us today?
[01:47:50.500 --> 01:47:53.500]  Hey, guys.
[01:47:53.500 --> 01:48:04.500]  Let's see, I kind of, I have a question on the four mandamus actions that I filed.
[01:48:04.500 --> 01:48:16.500]  So it's been, well, on June 30th, I went down to the court and I filed four separate cases.
[01:48:16.500 --> 01:48:24.500]  And the public records violations and in my state,
[01:48:24.500 --> 01:48:35.500]  each case would potentially be able to be rewarded a statutory damage of $1,000 for each case.
[01:48:35.500 --> 01:48:49.500]  So the first question I have is I was looking at my docket and I saw that today the judge just filed or wrote an order or whatever.
[01:48:49.500 --> 01:48:55.500]  I'm going to butcher the word. It's the sui sponte.
[01:48:55.500 --> 01:49:03.500]  Sui sponte means on his own volition. And let me guess, he combined all the cases into one?
[01:49:03.500 --> 01:49:09.500]  Correct. For all purposes. And I just wasn't clear.
[01:49:09.500 --> 01:49:21.500]  My suspicion is that that then takes away the ability to get awarded for them as separate cases and they're all distinctly separate cases.
[01:49:21.500 --> 01:49:23.500]  So I wanted to hear what you thought.
[01:49:23.500 --> 01:49:26.500]  They will still be separate cases.
[01:49:26.500 --> 01:49:28.500]  Okay.
[01:49:28.500 --> 01:49:32.500]  So as far as your claims, you have separate claims.
[01:49:32.500 --> 01:49:39.500]  They're just all so similar in the interest of judicial economy, he put them together into one.
[01:49:39.500 --> 01:49:42.500]  But that won't take away your individual claims.
[01:49:42.500 --> 01:49:47.500]  Okay. That was my main question there, so that's fine.
[01:49:47.500 --> 01:49:58.500]  The other question I had was I actually wanted to amend one or two of them.
[01:49:58.500 --> 01:50:08.500]  I saw where I could actually add some law to just make them stronger and honestly there's a few grammar issues and stuff.
[01:50:08.500 --> 01:50:15.500]  Okay. You could file an amended pleading, but I would suggest that you not do that yet.
[01:50:15.500 --> 01:50:16.500]  Okay.
[01:50:16.500 --> 01:50:23.500]  You don't need to have all of your arguments in the first one unless you want, you know, I do that because I want to intimidate them.
[01:50:23.500 --> 01:50:28.500]  I want them to make it look like it's going to be real expensive to fight me.
[01:50:28.500 --> 01:50:36.500]  But if this is like your first time through, make your claim, but don't give them everything.
[01:50:36.500 --> 01:50:41.500]  Let them file a motion to dismiss for failure to state a claim in which court it can be had.
[01:50:41.500 --> 01:50:45.500]  They're going to do that as a matter of course.
[01:50:45.500 --> 01:50:55.500]  Then look at their arguments and then file an amended pleading addressing the issues they bring.
[01:50:55.500 --> 01:51:00.500]  Okay. That was my question as I was asking that exact thing.
[01:51:00.500 --> 01:51:13.500]  Should I just wait for them to get an answer and then, you know, make it stronger and address their responses at the same time versus just pretend to clean up my grammar?
[01:51:13.500 --> 01:51:16.500]  That's exactly right.
[01:51:16.500 --> 01:51:20.500]  That's where I like to say, you know, where they make good arguments.
[01:51:20.500 --> 01:51:29.500]  I want to put in my amended pleading that defendants' arguments are issues that are well founded.
[01:51:29.500 --> 01:51:43.500]  You tell the judge that you're a reasonable person and you're not going to argue like crazy for something that is not an issue.
[01:51:43.500 --> 01:51:52.500]  So you can withdraw claims if the other side has shown that your claim has no standing and you withdraw it without argument.
[01:51:52.500 --> 01:51:55.500]  It won't help you to fight a claim that you don't really have.
[01:51:55.500 --> 01:52:03.500]  So you act civil and you give the court the impression that you're a reasonable human being.
[01:52:03.500 --> 01:52:06.500]  You're not just a wacko pro se litigant.
[01:52:06.500 --> 01:52:09.500]  Okay. Yeah.
[01:52:09.500 --> 01:52:14.500]  I'm preparing a suit now against the judge.
[01:52:14.500 --> 01:52:19.500]  I've got four or five judges I can file this suit against.
[01:52:19.500 --> 01:52:24.500]  But I only want to file it against one because I want to see how he answers.
[01:52:24.500 --> 01:52:27.500]  I want to see what they're going to throw at me.
[01:52:27.500 --> 01:52:34.500]  And then I'll take their answer and use it to help me prepare the next suit.
[01:52:34.500 --> 01:52:43.500]  And then in the original case, I'll use their answer to help me prepare an amended pleading.
[01:52:43.500 --> 01:52:48.500]  And if they dismiss the case with prejudice, I don't care.
[01:52:48.500 --> 01:52:55.500]  We'll just go back and file a notice of appeal.
[01:52:55.500 --> 01:52:58.500]  They hate to dismiss it with prejudice.
[01:52:58.500 --> 01:53:03.500]  Appellate courts don't like them, so they generally get turned over.
[01:53:03.500 --> 01:53:06.500]  So you want to file the first one.
[01:53:06.500 --> 01:53:09.500]  You're just fishing.
[01:53:09.500 --> 01:53:14.500]  You want them to tell you how they're going to argue against you.
[01:53:14.500 --> 01:53:16.500]  And then you're more prepared to file your next one.
[01:53:16.500 --> 01:53:19.500]  Does that all make sense?
[01:53:19.500 --> 01:53:22.500]  Yeah, it does make sense.
[01:53:22.500 --> 01:53:26.500]  Two other kind of quick questions.
[01:53:26.500 --> 01:53:30.500]  With anything that I file now since they've been consolidated,
[01:53:30.500 --> 01:53:36.500]  I'm just concerned that it might get confusing if I, well, for me.
[01:53:36.500 --> 01:53:40.500]  How would I denote that it's specific?
[01:53:40.500 --> 01:53:46.500]  I just put the case number on if I'm filing.
[01:53:46.500 --> 01:53:53.500]  You could use like original case number X and original case number Y and Z,
[01:53:53.500 --> 01:54:01.500]  just something to point out that your argument goes to a different one of the consolidated issues.
[01:54:01.500 --> 01:54:04.500]  That should be straightforward enough.
[01:54:04.500 --> 01:54:05.500]  Okay.
[01:54:05.500 --> 01:54:12.500]  And then the other one, I don't think this is probably a big deal, but I don't know.
[01:54:12.500 --> 01:54:16.500]  So I'm just trying to pay attention.
[01:54:16.500 --> 01:54:20.500]  So they actually haven't served them.
[01:54:20.500 --> 01:54:26.500]  Well, they haven't put the service perfected on the docket yet.
[01:54:26.500 --> 01:54:31.500]  And I wasn't sure if that was something to be concerned about.
[01:54:31.500 --> 01:54:37.500]  The judge put an order in two days ago that they have 28 days once,
[01:54:37.500 --> 01:54:40.500]  I believe once they've received the summons.
[01:54:40.500 --> 01:54:47.500]  I had a little bit of a back and forth with the clerk of court to the first few days asking her about,
[01:54:47.500 --> 01:54:52.500]  because when I filed she was like, oh, they're going to want to know right away.
[01:54:52.500 --> 01:54:54.500]  This is before she knew it was against the school board.
[01:54:54.500 --> 01:54:56.500]  But she was just like, oh, yeah, they're going to want to know right away.
[01:54:56.500 --> 01:54:58.500]  I got the impression that they would be served right away.
[01:54:58.500 --> 01:55:02.500]  So it had been a few days and nothing was on the docket, so I had asked her about it.
[01:55:02.500 --> 01:55:07.500]  And she kind of got a little, I don't know, she kind of got a little gruff with me maybe.
[01:55:07.500 --> 01:55:09.500]  I mean, it's email, so maybe I was reading into it.
[01:55:09.500 --> 01:55:14.500]  But basically that it'll take a few days and she'll enter it in.
[01:55:14.500 --> 01:55:18.500]  So I called the sheriff's department just to stay on top of it.
[01:55:18.500 --> 01:55:27.500]  And then they did tell me that they were served, which has been over a week now, but nothing's actually been entered.
[01:55:27.500 --> 01:55:31.500]  Okay. You will eventually get a return.
[01:55:31.500 --> 01:55:36.500]  But the clock for the other side won't start when you get the return.
[01:55:36.500 --> 01:55:40.500]  The clock will start when they get served.
[01:55:40.500 --> 01:55:47.500]  And it's probably just the constable or the sheriff's deputy who did the service just hasn't turned them in yet.
[01:55:47.500 --> 01:55:50.500]  Okay. I didn't think that was probably anything to be worried about,
[01:55:50.500 --> 01:55:56.500]  but I just wanted to just make sure I don't want to become anybody's pain.
[01:55:56.500 --> 01:56:01.500]  Yeah. And always, always be nice to the clerks.
[01:56:01.500 --> 01:56:02.500]  They don't have a dog in your hunt.
[01:56:02.500 --> 01:56:07.500]  And if you annoy one of the clerks, apologize to them, be nice to them.
[01:56:07.500 --> 01:56:09.500]  You don't want any extra fights.
[01:56:09.500 --> 01:56:11.500]  And get the clerks on your side.
[01:56:11.500 --> 01:56:15.500]  They can be extremely helpful.
[01:56:15.500 --> 01:56:21.500]  Tina Cobrook had a clerk giving her a real hard time and she filed a complaint against her.
[01:56:21.500 --> 01:56:23.500]  And the clerk apparently was furious.
[01:56:23.500 --> 01:56:28.500]  But the next time she came in, the clerk didn't give her a hard time.
[01:56:28.500 --> 01:56:33.500]  And then she wrote a letter of commendation to the clerk.
[01:56:33.500 --> 01:56:36.500]  They almost never get anything like that.
[01:56:36.500 --> 01:56:43.500]  And she said after that, this clerk could not work harder to help her out.
[01:56:43.500 --> 01:56:46.500]  So I know a lot of people will say, well, we shouldn't have to do that.
[01:56:46.500 --> 01:56:49.500]  Well, maybe.
[01:56:49.500 --> 01:56:57.500]  But at the end of the day, we're all human beings with all the weaknesses and frailties that human beings have.
[01:56:57.500 --> 01:57:01.500]  So we can stand on how things should be or how things ought to be.
[01:57:01.500 --> 01:57:07.500]  But at the end of the day, we have to deal with how things really are.
[01:57:07.500 --> 01:57:13.500]  So don't pick any fights with the court if you can avoid it.
[01:57:13.500 --> 01:57:21.500]  Show them that you're reasonable and show them that you'll work with them and they will go a long way to help you.
[01:57:21.500 --> 01:57:22.500]  Okay.
[01:57:22.500 --> 01:57:26.500]  That's my story and I'm sticking to it.
[01:57:26.500 --> 01:57:29.500]  Well, I appreciate the reminder.
[01:57:29.500 --> 01:57:37.500]  One of the most fun things I get to do is put a public official on the dime big time
[01:57:37.500 --> 01:57:40.500]  and then chuckle and laugh with him while I'm doing that.
[01:57:40.500 --> 01:57:44.500]  He's my local district attorney and he said, what can I do for you, Mr. Kelton?
[01:57:44.500 --> 01:57:48.500]  And I reached in my pocket and pulled out a dime and set it down on his desk.
[01:57:48.500 --> 01:57:51.500]  He leaned over and looked at that and looked up at me.
[01:57:51.500 --> 01:57:54.500]  He said, I suppose you're going to tell me what that's for.
[01:57:54.500 --> 01:57:58.500]  Well, Greg, I was going to put you on one.
[01:57:58.500 --> 01:58:03.500]  The least I can do is give it to you.
[01:58:03.500 --> 01:58:04.500]  And I did.
[01:58:04.500 --> 01:58:08.500]  I put him on the dime and he did not take it personal.
[01:58:08.500 --> 01:58:13.500]  That means a lot if you can keep them from not liking you and wanting to fight you.
[01:58:13.500 --> 01:58:24.500]  They may fight you because they have to, but they will do a much better job if they don't dislike you.
[01:58:24.500 --> 01:58:26.500]  That's my story and I'm sticking to it.
[01:58:26.500 --> 01:58:28.500]  We are out of time tonight.
[01:58:28.500 --> 01:58:29.500]  Thank you all for listening.
[01:58:29.500 --> 01:58:32.500]  We'll be back tomorrow night.
[01:58:32.500 --> 01:58:42.500]  Tomorrow, Ted, California, Friday night for our four-hour info marathon.
[01:58:42.500 --> 01:58:44.500]  It seems Demso's working.
[01:58:44.500 --> 01:58:49.500]  Thank you all for listening and good night.
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