[00:00.000 --> 00:05.000] The Bill of Rights contains the first ten amendments of our Constitution. [00:05.000 --> 00:09.000] They guarantee the specific freedoms Americans should know and protect. [00:09.000 --> 00:11.000] Our liberty depends on it. [00:11.000 --> 00:12.000] I'm Dr. Catherine Albrecht. [00:12.000 --> 00:16.000] I'll be right back with an unforgettable way to remember your first amendment rights. [00:16.000 --> 00:18.000] Privacy is under attack. [00:18.000 --> 00:22.000] When you give up data about yourself, you'll never get it back again. [00:22.000 --> 00:27.000] And once your privacy is gone, you'll find your freedoms will start to vanish too. [00:27.000 --> 00:32.000] So protect your rights, stay known to surveillance, and keep your information to yourself. [00:32.000 --> 00:34.000] Privacy is worth hanging on to. [00:34.000 --> 00:38.000] This public service announcement is brought to you by StartPage.com, [00:38.000 --> 00:42.000] the private search engine alternative to Google, Yahoo, and Bing. [00:42.000 --> 00:45.000] Start over with StartPage. [00:45.000 --> 00:47.000] Spar, it's what fighters do. [00:47.000 --> 00:51.000] It's also how I remember the five guarantees of the first amendment. [00:51.000 --> 00:54.000] If you plan to take away my rights, I'm going to spar with you. [00:54.000 --> 01:00.000] Spar with an extra P, S for speech, P for press, another P for petition, [01:00.000 --> 01:03.000] A for assembly, and an R for religion. [01:03.000 --> 01:08.000] Most Americans are familiar with the first amendment guarantees of free speech, press, assembly, and religion. [01:08.000 --> 01:11.000] But petition for redress is another matter. [01:11.000 --> 01:14.000] We have the right to petition the government for redress grievances. [01:14.000 --> 01:17.000] It means that if we're unhappy with what's going on in our government, [01:17.000 --> 01:21.000] we can spell out the reasons without fear of being thrown into jail. [01:21.000 --> 01:26.000] I'm Dr. Catherine Albrecht. More information at CatherineAlbrecht.com. [01:31.000 --> 01:35.000] The bill of rights contains the first amendments of our Constitution. [01:35.000 --> 01:38.000] They guarantee the specific freedoms Americans should know and protect. [01:38.000 --> 01:40.000] Our liberty depends on it. [01:40.000 --> 01:41.000] I'm Dr. Catherine Albrecht. [01:41.000 --> 01:46.000] Know your rights as an unforgettable way to remember one of your Constitutional rights. [01:46.000 --> 01:48.000] Privacy is under attack. [01:48.000 --> 01:52.000] When you give up data about yourself, you'll never get it back again. [01:52.000 --> 01:56.000] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:56.000 --> 01:58.000] So protect your rights. [01:58.000 --> 02:02.000] Say no to surveillance and keep your information to yourself. [02:02.000 --> 02:04.000] Privacy, it's worth hanging on to. [02:04.000 --> 02:08.000] This public service announcement is brought to you by StartPage.com, [02:08.000 --> 02:12.000] the private search engine alternative to Google, Yahoo, and Bing. [02:12.000 --> 02:15.000] Start over with StartPage. [02:15.000 --> 02:19.000] When I think of the Second Amendment, I visualize myself wrapping my two arms [02:19.000 --> 02:22.000] around the bill of rights in a big old bear hug. [02:22.000 --> 02:26.000] It's how I remember the Second Amendment guarantees us the right to bear arms, [02:26.000 --> 02:30.000] arms that embrace our freedoms and won't let anyone take them away without a fight. [02:30.000 --> 02:31.000] Get it? [02:31.000 --> 02:33.000] Two arms, bear hug, bear arms? [02:33.000 --> 02:37.000] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well [02:37.000 --> 02:38.000] when he said, [02:38.000 --> 02:43.000] The right of citizens to bear arms is just one guarantee against arbitrary government, [02:43.000 --> 02:47.000] one more safeguard against the tyranny which now appears remote in America, [02:47.000 --> 02:51.000] but which historically has proved to always be possible. [02:51.000 --> 02:52.000] I'm Dr. Catherine Albrecht. [02:52.000 --> 03:17.000] More news and information at CatherineAlbrecht.com. [03:17.000 --> 03:24.000] Okay, we are back. [03:24.000 --> 03:32.000] Randy Kelton, Brett Fountain, Rue La Radio, and we're talking to Chris in Colorado, [03:32.000 --> 03:38.000] and we're talking about insurance, insurance before litigation, [03:38.000 --> 03:46.000] and that's something that's kind of out of my area of expertise. [03:46.000 --> 03:52.000] You might be able to go to the, go to the court and ask for a, [03:52.000 --> 03:59.000] I don't know how you could, could you ask for an order from the court when there's no case? [03:59.000 --> 04:03.000] Well, can we, can we get into the procedure, because you do, [04:03.000 --> 04:05.000] you do declaratory judgments a little bit differently. [04:05.000 --> 04:08.000] I've only seen them in insurance. [04:08.000 --> 04:11.000] It's typically how they're used, but they're obviously not just for that. [04:11.000 --> 04:20.000] It's to get the judge to settle some confusions about what the parts are. [04:20.000 --> 04:30.000] As a rule, declaratory judgments are filed to ask the court to rule on a point of law. [04:30.000 --> 04:34.000] Okay. [04:34.000 --> 04:40.000] So here it doesn't seem like you're standing on a point of law. [04:40.000 --> 04:43.000] You're standing more on practice and procedure. [04:43.000 --> 04:45.000] Well, no, I want to bring it into law, Randy. [04:45.000 --> 04:47.000] That's the whole point. [04:47.000 --> 04:56.000] So the law is vague enough that it could be steered in either direction. [04:56.000 --> 05:00.000] The judge might not want to touch this because it sets a precedent, [05:00.000 --> 05:03.000] meaning now we can ask for partial upfront. [05:03.000 --> 05:06.000] Well, I've actually heard stories from the Department of Insurance, [05:06.000 --> 05:10.000] these people who are adjusters previously who worked in other insurance companies, [05:10.000 --> 05:14.000] who got partial payouts upfront because they needed some therapy or whatever, [05:14.000 --> 05:16.000] and the adjuster was nice enough to do that, [05:16.000 --> 05:20.000] knowing that there was going to be a larger amount down the road. [05:20.000 --> 05:22.000] And then they took that amount for the therapy out, [05:22.000 --> 05:25.000] and that's just a common sense reasonable thing. [05:25.000 --> 05:28.000] But, and that's my goal, ultimately, yes. [05:28.000 --> 05:35.000] What they were doing is avoiding a greater claim against them. [05:35.000 --> 05:43.000] So are they, Brett, can you pick this up? [05:43.000 --> 05:44.000] Yeah, sure. [05:44.000 --> 05:50.000] He's saying they can avoid having a greater claim against them. [05:50.000 --> 05:54.000] Right, and I'm trying to reason with them about that as well. [05:54.000 --> 05:56.000] I'm trying to let them know the longer this goes on, [05:56.000 --> 05:59.000] the more it's going to cost your client and you. [05:59.000 --> 06:01.000] Exactly. [06:01.000 --> 06:05.000] And they have just an arrogant attitude, [06:05.000 --> 06:07.000] and all insurance companies seem to have this, [06:07.000 --> 06:09.000] that they're the lawmaker, but they're not. [06:09.000 --> 06:11.000] They're bound by the law. [06:11.000 --> 06:14.000] Yes, and by contract. [06:14.000 --> 06:17.000] Yes, but the only thing in their contract, here's what I learned, [06:17.000 --> 06:20.000] because I asked the question point blank. [06:20.000 --> 06:23.000] Like, what is the law that regulates the situation? [06:23.000 --> 06:26.000] And basically, it's broken down to this simple statement. [06:26.000 --> 06:30.000] The only duty of the insurance company is to make sure that their client, [06:30.000 --> 06:34.000] the insured, is protected to a level that the injured party, myself, [06:34.000 --> 06:38.000] does not abuse the damages and put too much liability on them [06:38.000 --> 06:41.000] that is above and beyond the limits of the policy. [06:41.000 --> 06:43.000] Okay. [06:43.000 --> 06:46.000] Well, that's fine, but what methods do you use to do that? [06:46.000 --> 06:49.000] Well, they've made up their own rules on how they do that. [06:49.000 --> 06:53.000] There's no real laws, specifically in Wyoming, [06:53.000 --> 06:57.000] I'm sure there is in other states, that says they can make up their own rules. [06:57.000 --> 07:02.000] So it's become kind of like a tradition more than anything of how they go about it. [07:02.000 --> 07:04.000] And then the lawyers have supported that. [07:04.000 --> 07:07.000] The place where the contract is going to come in, [07:07.000 --> 07:12.000] they're not contracted with the person that needs to be paid. [07:12.000 --> 07:18.000] They're contracted with the person who they are indemnifying. [07:18.000 --> 07:24.000] So whoever it is that they're indemnifying is going to have to run to the [07:24.000 --> 07:28.000] insurance company and push on the contract. [07:28.000 --> 07:31.000] You don't really get to do that. [07:31.000 --> 07:37.000] You just sue whoever you're suing, and they owe you whatever they owe you, [07:37.000 --> 07:40.000] and the insurance company has to indemnify them, [07:40.000 --> 07:43.000] and the insurance company can try to avoid that risk [07:43.000 --> 07:47.000] or try to minimize the amount they're paying by seeing if they can get to deal [07:47.000 --> 07:53.000] with you and kind of wheel and deal and work out something where they pay less. [07:53.000 --> 07:55.000] But you don't have to deal with them. [07:55.000 --> 07:56.000] Why would you have to? [07:56.000 --> 08:04.000] You're not obligated in any way to interact with them any more than you would be [08:04.000 --> 08:07.000] with a lawyer when you file a records request, [08:07.000 --> 08:13.000] and the person who has a responsibility to answer you hands it off to an [08:13.000 --> 08:17.000] attorney down the hall, and now the attorney wants to talk to you and see if [08:17.000 --> 08:21.000] he can bamboozle you and tell you how important he is and how these records [08:21.000 --> 08:25.000] really aren't your records and I'm going to have to withhold blah, blah, blah. [08:25.000 --> 08:27.000] Well, you don't have to talk to him. [08:27.000 --> 08:29.000] Same thing going on here. [08:29.000 --> 08:33.000] The insurance company, if they're cooperative and they're giving you what you [08:33.000 --> 08:38.000] need to have and they're working with you and doing what's right, sure, [08:38.000 --> 08:40.000] there's no problem dealing with them. [08:40.000 --> 08:43.000] But if they're going to act like obstacles, [08:43.000 --> 08:45.000] I wouldn't see any reason to keep talking to them. [08:45.000 --> 08:48.000] I'd just go back to the person, look, here's your tort letter. [08:48.000 --> 08:54.000] Are you going to do right or are we going to get a judge to settle this? [08:54.000 --> 09:01.000] Yeah, tell the one who actually has the obligation to you that your insurance [09:01.000 --> 09:06.000] company is creating more liability for you and you're concerned they will [09:06.000 --> 09:13.000] increase the liability beyond the limits of your policy. [09:13.000 --> 09:18.000] Levy, you don't have an attorney, so you haven't agreed not to talk to [09:18.000 --> 09:24.000] opposing party, so go straight to the party. [09:24.000 --> 09:26.000] And that was my plan. [09:26.000 --> 09:28.000] I was going to do basically all three. [09:28.000 --> 09:31.000] I was going to write the letter to the insurance company, put them on notice. [09:31.000 --> 09:36.000] I was going to cc to the person who hit me and let them know what was going on [09:36.000 --> 09:40.000] and give them an opportunity to do something because they feel like they're [09:40.000 --> 09:43.000] represented by an insurance company, so they don't have to interact at all, [09:43.000 --> 09:45.000] kind of like Brett just said. [09:45.000 --> 09:50.000] But I also wanted to call my own bluff and say, look, here's a paper that I'm [09:50.000 --> 09:54.000] going to be filing with the court if I don't hear from you within 10 days. [09:54.000 --> 10:00.000] So now we have all three angles taken care of, but I'm trying to figure out [10:00.000 --> 10:04.000] how to leverage a declaratory judgment in a way that gets the court to say, [10:04.000 --> 10:08.000] here is the rights and responsibilities of everybody. [10:08.000 --> 10:13.000] And Chris's requests are not unreasonable because there's no law that makes [10:13.000 --> 10:15.000] them unreasonable. [10:15.000 --> 10:20.000] So you're ordered to work with him, and I suggest you do so. [10:20.000 --> 10:23.000] That's my ultimate goal. [10:23.000 --> 10:28.000] Randy, what do you think about this idea of showing them his hand and saying, [10:28.000 --> 10:31.000] here's exactly what I'm about to file? [10:31.000 --> 10:36.000] That goes to notice an opportunity to cure. [10:36.000 --> 10:45.000] If you notice the defendant party that his insurance company is increasing his [10:45.000 --> 10:53.000] claim and he doesn't act, I would suggest you just go ahead and file suit against [10:53.000 --> 11:01.000] the client, I'm sorry, not client, against the one who hit you. [11:01.000 --> 11:03.000] Just sue him. [11:03.000 --> 11:06.000] That's going to make him real unhappy. [11:06.000 --> 11:09.000] But then that's the problem, though. [11:09.000 --> 11:14.000] That's what this whole thing is set up to do, is the insurance company can act [11:14.000 --> 11:16.000] as they wish. [11:16.000 --> 11:19.000] And then what they do is they put all the liability, because there is some case [11:19.000 --> 11:22.000] law in most states that states you can't sue an insurance company first unless [11:22.000 --> 11:24.000] they're committing fraud. [11:24.000 --> 11:29.000] But it always kind of leans back towards you have to sue the insured first [11:29.000 --> 11:31.000] because they caused the accident. [11:31.000 --> 11:33.000] So that kind of plays right into the game. [11:33.000 --> 11:36.000] I don't mind doing that, but I'd like to give them fair notice first because [11:36.000 --> 11:40.000] then they would have a claim against their own insurance company. [11:40.000 --> 11:43.000] So I'm trying to play everybody against each other here. [11:43.000 --> 11:48.000] That's what we're saying, give notice to the insured that their insurance [11:48.000 --> 11:56.000] company is causing an increase in the claim and that any claim you have will not [11:56.000 --> 12:00.000] be against the insurance company, it will be against him personally. [12:00.000 --> 12:05.000] Get him PO'd at the insurance company. [12:05.000 --> 12:06.000] Okay. [12:06.000 --> 12:10.000] Should I also forward him a copy of what I'm about to file? [12:10.000 --> 12:12.000] Absolutely. [12:12.000 --> 12:14.000] Okay. [12:14.000 --> 12:17.000] So I will put the insurance company on notice. [12:17.000 --> 12:20.000] I will try to do some more research on the declaratory judgment. [12:20.000 --> 12:24.000] I will let, and I'll put him, stick him in the middle of both sides. [12:24.000 --> 12:27.000] And then he'll have, he'll feel the weight of the court coming at him. [12:27.000 --> 12:30.000] He'll be up and he'll turn that hopefully back on his insurance company. [12:30.000 --> 12:32.000] That's my goal. [12:32.000 --> 12:35.000] And then the insurance company also will, you know, [12:35.000 --> 12:39.000] put a number of questions in there that is not unreasonable because I need to [12:39.000 --> 12:41.000] know is there sufficient insurance? [12:41.000 --> 12:43.000] They won't even answer that. [12:43.000 --> 12:45.000] Are you liable 100%? [12:45.000 --> 12:47.000] They won't even answer that. [12:47.000 --> 12:48.000] They won't answer anything. [12:48.000 --> 12:50.000] And so I need to record. [12:50.000 --> 12:56.000] Stop talking to them and only deal with their client. [12:56.000 --> 12:57.000] Deal with the insurer. [12:57.000 --> 12:59.000] Go after him. [12:59.000 --> 13:03.000] Force him to do what the insurance company should be doing. [13:03.000 --> 13:07.000] He's likely to go back after the insurance company. [13:07.000 --> 13:09.000] Okay. [13:09.000 --> 13:10.000] All right. [13:10.000 --> 13:13.000] How about some more examples for declaratory judgments? [13:13.000 --> 13:16.000] Olivier just ran with that stuff. [13:16.000 --> 13:18.000] Where did he maybe find a lot of that? [13:18.000 --> 13:20.000] Because I'm just, I'm still finding just insurance. [13:20.000 --> 13:21.000] Okay. [13:21.000 --> 13:25.000] He got that for me from the Declaratory Judgment Act. [13:25.000 --> 13:30.000] You almost certainly have one in Colorado that reflects the Federal [13:30.000 --> 13:33.000] Declaratory Judgment Act. [13:33.000 --> 13:34.000] Okay. [13:34.000 --> 13:37.000] So look up Federal Declaratory Judgment Act. [13:37.000 --> 13:40.000] Read that one and then that will tell you how to look in Colorado. [13:40.000 --> 13:41.000] They've probably got one too. [13:41.000 --> 13:47.000] The intent of a declaratory judgment is to avoid litigation. [13:47.000 --> 13:48.000] Right. [13:48.000 --> 13:49.000] You go to the court. [13:49.000 --> 13:55.000] Based on my reading of this law, I believe I have a claim in this instance. [13:55.000 --> 13:59.000] And in order to avoid any frivolous litigation, [13:59.000 --> 14:06.000] I need to know how the court will rule on these facts in this law. [14:06.000 --> 14:11.000] And it was intended as a shortcut to avoid longer litigation. [14:11.000 --> 14:16.000] Just a specific issue, not the whole story of all your facts, [14:16.000 --> 14:21.000] but just enough to get to the one surgical issue. [14:21.000 --> 14:26.000] And you're asking for a clarification of your rights or status. [14:26.000 --> 14:33.000] If the insurance company, by using nefarious methods, [14:33.000 --> 14:40.000] causes an increase in the harm to the plaintiff, [14:40.000 --> 14:47.000] is the defendant ultimately responsible for that harm? [14:47.000 --> 14:49.000] Or is it the insurance company, right? [14:49.000 --> 14:51.000] That's the question. [14:51.000 --> 14:54.000] I know what the answer is going to be. [14:54.000 --> 14:58.000] The insurance company has no liability to you. [14:58.000 --> 15:02.000] They have a liability to their insured. [15:02.000 --> 15:08.000] So if the insurance company, by their action or inaction, increases the claim, [15:08.000 --> 15:14.000] your claim is not against the insurance company, it's against the insured. [15:14.000 --> 15:19.000] So if you file a declaratory judgment asserting in your declaratory judgment [15:19.000 --> 15:22.000] that you're concerned that the bad behavior of the insurance company [15:22.000 --> 15:28.000] is going to increase the claim beyond the insured amount, [15:28.000 --> 15:36.000] then do you have a right to some kind of order from the court? [15:36.000 --> 15:39.000] I'm not sure how you would say that. [15:39.000 --> 15:43.000] You want to ask a question that will tell the insured [15:43.000 --> 15:52.000] that the insurance company is about to screw you by screwing around with me. [15:52.000 --> 15:55.000] You're still treating the insurance company like they owe you an answer. [15:55.000 --> 15:57.000] They don't. [15:57.000 --> 16:02.000] They only owe an answer to their client. [16:02.000 --> 16:06.000] So hammer the client and get him PO'd at the insurance company. [16:06.000 --> 16:08.000] Okay. [16:08.000 --> 16:12.000] Well, you're right about all those liabilities. [16:12.000 --> 16:17.000] I do have some more questions for the insurance company about how is everybody going to behave [16:17.000 --> 16:19.000] when I go through this next round of therapies, [16:19.000 --> 16:21.000] meaning will you approve them or disapprove them? [16:21.000 --> 16:23.000] I need to know this up front. [16:23.000 --> 16:26.000] And that's a reasonable question. [16:26.000 --> 16:36.000] The problem is, as far as I know, the insurance company has no duty to respond to you. [16:36.000 --> 16:39.000] You're not their client. [16:39.000 --> 16:41.000] No, but they can't act like a doctor later on, too, [16:41.000 --> 16:44.000] and say, well, sorry, we're not going to approve that [16:44.000 --> 16:47.000] when I've given them fair notice up front. [16:47.000 --> 16:50.000] That will increase your claim against them when you get to court. [16:50.000 --> 16:53.000] So you want this nonsense to stop, just sue them. [16:53.000 --> 16:56.000] Hang on, Randy Kelton, Brett Fountain, Weave Law Radio. [16:56.000 --> 17:24.000] We'll be right back. [17:26.000 --> 17:53.000] We'll be right back. [17:53.000 --> 17:56.000] We'll be right back. [17:56.000 --> 18:24.000] We'll be right back. [18:24.000 --> 18:27.000] We'll be right back. [18:54.000 --> 18:56.000] Where do you have to hang out together? [18:56.000 --> 19:00.000] We can have everybody we all want to answer. [19:00.000 --> 19:06.000] You have to listen to the Lotus Radio Network. [19:06.000 --> 19:12.000] Lotusradio Network.com [19:12.000 --> 19:15.000] Well, don't let nothing get to you. [19:15.000 --> 19:18.000] Only the Father can deliver you. [19:18.000 --> 19:21.000] So don't let bad-minded people hurt you. [19:21.000 --> 19:28.000] You know what I mean, my friend? [19:51.000 --> 20:03.000] Okay, we are back, Randy Kelton, Brett Fountain, Wheel of Law Radio, and we're talking to E.J., [20:03.000 --> 20:07.000] you know, we're talking to Chris in California, and... [20:07.000 --> 20:08.000] Colorado. [20:08.000 --> 20:10.000] Did I say California? [20:10.000 --> 20:13.000] They both started with a C, isn't that close enough? [20:13.000 --> 20:17.000] Don't make the whole state of Colorado mad at you. [20:17.000 --> 20:24.000] Well, I'm already mad at Colorado anyway, it's not one of my favorite states. [20:24.000 --> 20:31.000] And I couldn't get over that blue bronco on the way into the airport, just looked evil. [20:31.000 --> 20:35.000] Okay, let me unmute you. [20:35.000 --> 20:38.000] But, you know, we were talking on the break about, you know, [20:38.000 --> 20:43.000] see if you can sick the defendant on his own insurance company. [20:43.000 --> 20:49.000] Yeah, yeah, with the help of the court, that's my ultimate goal. [20:49.000 --> 20:56.000] But yeah, I agree, I agree it's time to start playing that chess game, that chess move for sure. [20:56.000 --> 20:59.000] Okay, so read the Declaratory Judgment Act, [20:59.000 --> 21:03.000] and then maybe they'll have one in Wyoming, an extension of it, maybe not. [21:03.000 --> 21:11.000] Most states that I've looked at their Declaratory Judgment Act followed the federal almost exactly. [21:11.000 --> 21:14.000] Okay. [21:14.000 --> 21:17.000] All right, I'll study up on that and I'll see if I can't get creative with it. [21:17.000 --> 21:22.000] I think if I get the right judge, and Wyoming's got a lot of good old boys stuff, [21:22.000 --> 21:26.000] that's kind of why I like it up there, but it tends to be too simplistic sometimes. [21:26.000 --> 21:32.000] People don't really want to fight, you know, even though they got 10 guns and they're sick. [21:32.000 --> 21:34.000] They really don't want to fight. [21:34.000 --> 21:39.000] And so if it gets too complicated, I find that people try to blow it off. [21:39.000 --> 21:42.000] But there's some good people up there. [21:42.000 --> 21:47.000] I met the DA over in Cheyenne and they were trying to get her out because she was fighting people. [21:47.000 --> 21:58.000] So maybe I'll get a good judge and he'll see that I'm trying to push back on these insurance companies. [21:58.000 --> 21:59.000] Good, okay. [21:59.000 --> 22:02.000] Then let us know how this goes. [22:02.000 --> 22:03.000] Okay. [22:03.000 --> 22:04.000] Thank you, gentlemen, as always. [22:04.000 --> 22:05.000] Okay. [22:05.000 --> 22:06.000] Thank you. [22:06.000 --> 22:07.000] Thank you, Chris. [22:07.000 --> 22:11.000] Now we're going to go to Jack in Texas. [22:11.000 --> 22:13.000] Hello, Jack. [22:13.000 --> 22:17.000] What do you have for us today? [22:17.000 --> 22:18.000] Hello, guys. [22:18.000 --> 22:26.000] I just thought of a couple more questions just from listening to you tonight. [22:26.000 --> 22:37.000] So I was wondering, can I do a writ of mandamus to force... [22:37.000 --> 22:43.000] This is about the two traffic tickets and Belton and the coronary judge. [22:43.000 --> 22:54.000] Can I do a writ of mandamus to force the judge to let me record the proceedings? [22:54.000 --> 22:56.000] Absolutely. [22:56.000 --> 23:00.000] That would be a great idea. [23:00.000 --> 23:03.000] He certainly won't like that. [23:03.000 --> 23:04.000] Right. [23:04.000 --> 23:13.000] Now, I looked up a court of record and I don't really get what it is. [23:13.000 --> 23:19.000] Could you guys make it easy for me? [23:19.000 --> 23:27.000] When a municipal court designates itself as a court of record, [23:27.000 --> 23:34.000] they must have an appeal from a court of record is not trial de novo. [23:34.000 --> 23:42.000] Well, it's not necessarily trial de novo, but they've all been treating it like it is. [23:42.000 --> 23:49.000] Once it becomes a court of record, then your appeal has to be on writ of error. [23:49.000 --> 23:57.000] But it seems like the prosecutors and judges just don't understand the law. [23:57.000 --> 24:04.000] I've heard them say that an appeal from our court is trial de novo, so you get a do-over. [24:04.000 --> 24:07.000] And the do-over is not exactly correct. [24:07.000 --> 24:12.000] They say a do-over because then they assume that what happens in the trial court doesn't matter [24:12.000 --> 24:14.000] because you get a do-over. [24:14.000 --> 24:16.000] Well, that's not what a trial de novo is. [24:16.000 --> 24:21.000] But most of these don't understand the difference. [24:21.000 --> 24:26.000] So technically, it's just like any other court of record where if you appeal, [24:26.000 --> 24:29.000] you have to appeal on writ of error. [24:29.000 --> 24:32.000] That's primarily the difference. [24:32.000 --> 24:38.000] That's the legal statutory difference, but that's not the difference in the real world. [24:38.000 --> 24:43.000] In the real world, if you appeal from a municipal or justice court, [24:43.000 --> 24:49.000] the county court treats it as trial de novo anyway. [24:49.000 --> 24:52.000] Does that make sense? [24:52.000 --> 24:55.000] Kind of, so it's kind of a new trial. [24:55.000 --> 24:58.000] Yes, that's what they try to say it is [24:58.000 --> 25:06.000] because they don't want what went on at the original trial to be available to the new court. [25:06.000 --> 25:12.000] But what they say in the trial court becomes a collateral estoppel. [25:12.000 --> 25:18.000] They can't refute that in the second hearing. [25:18.000 --> 25:25.000] Or if they do something in the original court that denies you and your rights, that doesn't go away. [25:25.000 --> 25:35.000] When you appeal, what they did in the original trial court, they're still bound to. [25:35.000 --> 25:43.000] Okay, but this guy claims that this court is not a court of record. [25:43.000 --> 25:49.000] So what are the implications if it's not a court of record? [25:49.000 --> 25:58.000] None that I know of doesn't change anything other than that you don't have to appeal based on writ of error. [25:58.000 --> 26:02.000] But in the real world, they're not holding you to that anyway. [26:02.000 --> 26:04.000] It makes no difference. [26:04.000 --> 26:11.000] Turner Driver binds them anyway, whether they're court of record or not. [26:11.000 --> 26:18.000] I actually had a judge tell me that this is not a court of record, so I cannot record it. [26:18.000 --> 26:21.000] And I said, where'd you come up with that? [26:21.000 --> 26:22.000] What? [26:22.000 --> 26:28.000] Yeah, actually it was the judge, the same judge that's in this Rome ticket case I have. [26:28.000 --> 26:31.000] He's also the judge for Newark, Texas. [26:31.000 --> 26:35.000] And this was a case in Newark, Texas. [26:35.000 --> 26:43.000] I wonder how do people even, how does he even get like his shoes on the right feet? Come on. [26:43.000 --> 26:51.000] I don't know. They just do the same thing over and over and they don't pay any, they don't read the law. [26:51.000 --> 27:03.000] You know, once they get to be a lawyer, they just, they get cases and they get their clients to make a deal and they don't do any law. [27:03.000 --> 27:04.000] They really don't understand it. [27:04.000 --> 27:12.000] That's why it's hard for them when they get someone like you that comes in and actually holds them to a point of law. [27:12.000 --> 27:16.000] You really need to hammer this guy. What did this guy call me? [27:16.000 --> 27:18.000] Goofball. [27:18.000 --> 27:24.000] Goofball. Oh, I got to call him. [27:24.000 --> 27:37.000] Now, I got the impression when he was talking about the court of record that that meant that they don't have a recorder recording what was being said. [27:37.000 --> 27:41.000] That's what it means. [27:41.000 --> 27:49.000] So I don't know of anything that prevents you from recording if the judges just decided they don't want you to. [27:49.000 --> 27:56.000] So this would be a great issue for you to bring in a writ of mandamus. [27:56.000 --> 27:58.000] That sounds great. [27:58.000 --> 28:16.000] Now, here's my question. How, if, so they're going to, I mean, this guy didn't even read these filings. So he just decided, you know, they're all denied out of hand. [28:16.000 --> 28:24.000] How does the court of appeal then know what happened in this court? [28:24.000 --> 28:32.000] He thinks they don't. And for the most part, they don't. You have to bring it in and tell them. [28:32.000 --> 28:39.000] But they want to say it's child's mobile, so it doesn't make any difference. And it's one of the fights that I haven't got to yet. [28:39.000 --> 28:41.000] Okay. [28:41.000 --> 28:48.000] You need to basically, I'll judicial conduct complaint him for calling me a goofball. [28:48.000 --> 28:51.000] Well, I'm already working on it. [28:51.000 --> 28:58.000] Well, I do one too. [28:58.000 --> 29:02.000] I'm going to file against him for using foul language all over the place. [29:02.000 --> 29:09.000] Oh, that one's even better for the disparaging language. Oh, that one might get him sanctioned. [29:09.000 --> 29:14.000] Disparaging language. I like that. Let me write that down. [29:14.000 --> 29:27.000] You could tell him that he hurt goofball's feelings. That when you told me on the air what the judge said, that it hurt my feelings. [29:27.000 --> 29:30.000] Can't you tell it hurt my feelings? [29:30.000 --> 29:32.000] Yes, sir. I sure can. [29:32.000 --> 29:33.000] Okay. What I'll. [29:33.000 --> 29:35.000] I have a question. [29:35.000 --> 29:47.000] Okay, we'll pick that up on the other side. Randy Kelton, Brett Fountain. What I'll do is I'll call down there and tell the judge that I'm going to talk about him on the air. [29:47.000 --> 29:53.000] And I don't want to say anything disparaging about him without him having an opportunity to rebut. [29:53.000 --> 30:00.000] And this is the goofball that wrote the document he didn't like. Hang on. We'll be right back. [30:00.000 --> 30:08.000] Everyone knows that walking is great exercise, but you might not know that the way you walk could predict how long you're going to live. [30:08.000 --> 30:14.000] I'm Dr. Catherine Albrecht. I'll be back to tell you more about walking prognostication in just a moment. [30:14.000 --> 30:19.000] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [30:19.000 --> 30:24.000] And once your privacy is gone, you will find your freedoms will start to vanish too. [30:24.000 --> 30:32.000] So protect your rights, stay known to surveillance, and keep your information to yourself. Privacy is worth hanging on to. [30:32.000 --> 30:40.000] This public service announcement is brought to you by StarPage.com, the private search engine alternative to Google, Yahoo, and Bing. [30:40.000 --> 30:43.000] Start over with StarPage. [30:43.000 --> 30:48.000] New research shows how fast you walk could predict how long you're going to live. [30:48.000 --> 30:56.000] The Journal of the American Medical Association reports that older adults who walk one meter per second or faster live longer than expected. [30:56.000 --> 31:00.000] In case you're wondering, one meter per second is about two and a quarter miles per hour. [31:00.000 --> 31:07.000] A senior's age, gender, and walking speed were as good at predicting life expectancy as more traditional statistical measures. [31:07.000 --> 31:10.000] Generally speaking, faster walkers live longer. [31:10.000 --> 31:16.000] Measuring walking speed is quick and inexpensive. It only takes a stopwatch, some space to walk, and a few minutes. [31:16.000 --> 31:21.000] Researchers say it could help doctors identify older patients who need special care. [31:21.000 --> 31:26.000] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [31:30.000 --> 31:35.000] I lost my son, my nephew, my aunt, my son on September 11, 2001. [31:35.000 --> 31:38.000] Most people don't know that a third tower fell on September 11. [31:38.000 --> 31:43.000] World Trade Center said a 47-story skyscraper was not hit by a plane. [31:43.000 --> 31:47.000] So the official explanation is that fire brought down Building 7. [31:47.000 --> 31:53.000] Over 1,200 architects and engineers have looked into the evidence and believe there is more to the story. [31:53.000 --> 31:56.000] Bring justice to my son, my uncle, my nephew, my son. [31:56.000 --> 31:58.000] Go to buildingwatch.org. [31:58.000 --> 32:01.000] Why it fell, why it matters, and what you can do. [32:01.000 --> 32:07.000] Are you looking to have a closer relationship with God and a better understanding of His Word? [32:07.000 --> 32:13.000] Tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for the scripture talk, [32:13.000 --> 32:18.000] where Nana and her guests discuss the scriptures in accord with 2 Timothy 2.15. [32:18.000 --> 32:25.000] Study to show thyself approved unto God, a workman that needs not to be ashamed, rightly dividing the Word of truth. [32:25.000 --> 32:33.000] Starting in January, our first-hour studies are in the Book of Mark, where we'll go verse by verse and discuss the true Gospel message. [32:33.000 --> 32:40.000] The second-hour topical studies will vary each week with the discussions on sound doctrine and Christian character development. [32:40.000 --> 32:44.000] We wish to reflect God's light and be a blessing to all those with a hearing ear. [32:44.000 --> 32:51.000] Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus. [32:51.000 --> 33:01.000] So tune in to the scripture talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the scriptures. [33:01.000 --> 33:11.000] Live Free Speech Radio, LogosRadioNetwork.com [33:31.000 --> 33:48.000] Okay, we are back. [33:48.000 --> 34:00.000] Randy Kelton, Brett Fountain, Lula Radio and Jack, tell me, are you hearing an echo in the bumper music? [34:00.000 --> 34:07.000] No, but I'm hearing an echo when I'm listening online to the computer. [34:07.000 --> 34:13.000] It sounds like a hollow, like you're in a cave or something. [34:13.000 --> 34:20.000] Okay, yeah, that's what we're hearing from where we're at on the breaks and stuff. [34:20.000 --> 34:24.000] So we'll talk to Deborah and see if we can get that taken care of. [34:24.000 --> 34:28.000] Okay, where were we, Jack? [34:28.000 --> 34:30.000] I've got one more question. [34:30.000 --> 34:39.000] So you mentioned earlier that one of the duties of the court or the clerk or somebody is to verify documents. [34:39.000 --> 34:44.000] How do I make this court verify documents? [34:44.000 --> 34:49.000] Just ask the clerk to verify the documents. [34:49.000 --> 34:51.000] Look in the Code of Criminal Procedure. [34:51.000 --> 34:59.000] I think it's in Chapter 28, I remember right. [34:59.000 --> 35:05.000] One of the duties of the clerk is to issue oaths. [35:05.000 --> 35:08.000] Oaths. [35:08.000 --> 35:14.000] When they swear in a witness, it is generally the clerk that issues the oath. [35:14.000 --> 35:17.000] I see. [35:17.000 --> 35:24.000] Okay, I'll look that up and I'll get started on my initial complaint, finish it up. [35:24.000 --> 35:27.000] And I should thank you guys very, very much. [35:27.000 --> 35:31.000] Okay, keep us up to speed on how this goes. [35:31.000 --> 35:32.000] We'll do it. [35:32.000 --> 35:33.000] Have a good night. [35:33.000 --> 35:34.000] Okay, thank you, Jack. [35:34.000 --> 35:41.000] Okay, now we're going to this may be a first-time caller, maybe not. [35:41.000 --> 35:44.000] Bina, B-E-N-A in California. [35:44.000 --> 35:46.000] Hi there. [35:46.000 --> 35:47.000] Hello. [35:47.000 --> 35:49.000] Did I pronounce that right? [35:49.000 --> 35:50.000] You did. [35:50.000 --> 35:51.000] Hi there. [35:51.000 --> 35:55.000] I am not a first-timer, but you guys have really helped me. [35:55.000 --> 36:02.000] So I feel pretty good calling in today, but I would like some direction, some stuff. [36:02.000 --> 36:03.000] Wait a minute. [36:03.000 --> 36:04.000] Wait a minute. [36:04.000 --> 36:06.000] I just noticed something. [36:06.000 --> 36:07.000] What's that? [36:07.000 --> 36:11.000] We have Tina is on the board right behind you. [36:11.000 --> 36:12.000] Uh-huh. [36:12.000 --> 36:15.000] Do you know Tina? [36:15.000 --> 36:21.000] Uh, Tina and I have been talking through our telegram connection. [36:21.000 --> 36:22.000] Oh, okay. [36:22.000 --> 36:26.000] The reason I asked that is you're both in the 310 area code. [36:26.000 --> 36:27.000] Oh, yeah. [36:27.000 --> 36:31.000] That's the LA county number, generally speaking. [36:31.000 --> 36:33.000] Yeah. [36:33.000 --> 36:34.000] Oh, okay. [36:34.000 --> 36:35.000] Okay. [36:35.000 --> 36:37.000] What do you have for us today? [36:37.000 --> 36:48.000] So today, my interesting landlord decided that he wants to give me a 60-day notice here. [36:48.000 --> 36:51.000] He's funny. [36:51.000 --> 36:58.000] Anyway, he asked me, I guess in the last 30 days, about renewing my lease. [36:58.000 --> 37:02.000] I just crossed over the one-year threshold. [37:02.000 --> 37:08.000] And I asked him about whether or not the lease converts to a month-to-month. [37:08.000 --> 37:10.000] Typically, that's what it is. [37:10.000 --> 37:12.000] After your first year, it goes month-to-month. [37:12.000 --> 37:15.000] He said, no, it's six months for everybody. [37:15.000 --> 37:19.000] His words was everybody signs a six-month or a one-year lease. [37:19.000 --> 37:23.000] I go, okay, because I know a year can go by fast. [37:23.000 --> 37:26.000] I said, well, maybe I'll just do a year. [37:26.000 --> 37:28.000] He never gave me the lease. [37:28.000 --> 37:34.000] Meanwhile, I've been paying his rent every month is paid, except this. [37:34.000 --> 37:37.000] And the reason for that is I was injured. [37:37.000 --> 37:40.000] I actually injured my hand last month. [37:40.000 --> 37:42.000] He knows all about it. [37:42.000 --> 37:49.000] He knows that my workflow, because I'm a 1099er, was interrupted. [37:49.000 --> 37:50.000] Everything was okay. [37:50.000 --> 37:53.000] I have the text messages to that effect. [37:53.000 --> 38:00.000] Today, he decided he was going to go on and give me a 60-day notice. [38:00.000 --> 38:02.000] I was already planning to leave, [38:02.000 --> 38:08.000] but I'm just trying to figure out how to really deal with him because he's kind of negligent. [38:08.000 --> 38:14.000] And I know this is about a profiteering move on his part. [38:14.000 --> 38:15.000] It's his property. [38:15.000 --> 38:17.000] He can do with it whatever he wants. [38:17.000 --> 38:21.000] There's some nuisance activity going on where I live. [38:21.000 --> 38:26.000] It's been livable to an extent, but there are aggravations. [38:26.000 --> 38:27.000] So I want to know. [38:27.000 --> 38:31.000] He didn't say in the paperwork that it's for non-pay. [38:31.000 --> 38:33.000] He said it's because I don't have a lease. [38:33.000 --> 38:37.000] Well, the lease was withheld from him, the formal lease. [38:37.000 --> 38:42.000] What does the lease say about renewal? [38:42.000 --> 38:50.000] Well, he just called me and said, hey, do you want to just renew your lease for six months or a year? [38:50.000 --> 38:51.000] No, no, no. [38:51.000 --> 38:54.000] What does the lease say? [38:54.000 --> 38:59.000] Because now he's trying to say, because you're late on the rent, [38:59.000 --> 39:06.000] that he's canceling any lease contract that you have. [39:06.000 --> 39:07.000] So what does the contract say? [39:07.000 --> 39:13.000] Does it give you a grace period on the rent? [39:13.000 --> 39:14.000] Oh, my goodness. [39:14.000 --> 39:16.000] This man said you can only pay him cash only. [39:16.000 --> 39:20.000] He said the first is this, after the first is late. [39:20.000 --> 39:21.000] That's not true. [39:21.000 --> 39:23.000] He just makes up things. [39:23.000 --> 39:25.000] So he vacillates for life. [39:25.000 --> 39:27.000] Do you have a lease? [39:27.000 --> 39:28.000] I do. [39:28.000 --> 39:29.000] I'm going to pull it out. [39:29.000 --> 39:37.000] I can't get my hands on it this second, but I am going to pull that up about the renewal. [39:37.000 --> 39:42.000] As I said, I was already planning quietly my exit from here. [39:42.000 --> 39:50.000] But he's kind of, and I'm probably in line with the 60-day, but I want to, [39:50.000 --> 39:56.000] I know that he's done this to other tenants, and he has a very high turnover here, [39:56.000 --> 39:58.000] which is neither here nor there. [39:58.000 --> 40:02.000] But I want to know what my affirmative defense can be, [40:02.000 --> 40:05.000] because he just says it's because I don't have a lease. [40:05.000 --> 40:08.000] So it's not about payment. [40:08.000 --> 40:12.000] So you don't know yet until you've read your contract. [40:12.000 --> 40:13.000] Yes. [40:13.000 --> 40:14.000] So I will pull that out tonight. [40:14.000 --> 40:16.000] Thank you. [40:16.000 --> 40:17.000] I did pull out my cause book. [40:17.000 --> 40:21.000] I do have the O'Connor's Texas side. [40:21.000 --> 40:23.000] I've been kind of using that as the general guide. [40:23.000 --> 40:30.000] So I'm going to read in there about landlord tenant stuff. [40:30.000 --> 40:39.000] But I'm just wondering what affirmative defenses I may have about what he's attempting to do. [40:39.000 --> 40:44.000] How late are you on the rent? [40:44.000 --> 40:49.000] It's just, what is today, the 12th, the 12th, 8th. [40:49.000 --> 40:53.000] But he has been apprised, and my text messages from him say, okay. [40:53.000 --> 40:56.000] I let him know everything that was going on. [40:56.000 --> 41:02.000] And he said, okay, until today when he sent me a little snarky remark. [41:02.000 --> 41:03.000] Okay. [41:03.000 --> 41:05.000] He's just probably just trying to squeeze some money out of you. [41:05.000 --> 41:10.000] But you really don't know where you're standing until you've read the lease. [41:10.000 --> 41:11.000] Okay. [41:11.000 --> 41:12.000] I'll pull it out. [41:12.000 --> 41:13.000] He had a lot of stuff. [41:13.000 --> 41:16.000] I called the city today just to kind of see. [41:16.000 --> 41:20.000] I know the city still has protections. [41:20.000 --> 41:24.000] We in LA are still held under an emergency order. [41:24.000 --> 41:27.000] So we are still affected by COVID here. [41:27.000 --> 41:31.000] So some of us still have our livelihoods that are being impeded upon. [41:31.000 --> 41:34.000] And the city does have protections. [41:34.000 --> 41:40.000] Now, they were talking about default, no fault, and all this sort of stuff. [41:40.000 --> 41:42.000] I've got to look at the law. [41:42.000 --> 41:46.000] But we are not fully able to work freely in LA. [41:46.000 --> 41:54.000] So for people like me, you know, I pay my rent. [41:54.000 --> 41:57.000] It's been interesting, but I've been paying it. [41:57.000 --> 41:58.000] Okay. [41:58.000 --> 42:02.000] And even before or during this time, I pay early. [42:02.000 --> 42:04.000] That didn't seem to matter. [42:04.000 --> 42:07.000] This is the first time where there have been delays. [42:07.000 --> 42:09.000] I told him exactly what was going on. [42:09.000 --> 42:11.000] I even told him that I'm okay. [42:11.000 --> 42:12.000] You keep saying that. [42:12.000 --> 42:14.000] It makes no difference what you've told him. [42:14.000 --> 42:18.000] It only makes a difference what the contract says. [42:18.000 --> 42:19.000] You know what? [42:19.000 --> 42:21.000] I'm going to pull it up, and I'll know I'm black and white. [42:21.000 --> 42:25.000] But I know that this notice that he taped up says it's just about the lease. [42:25.000 --> 42:26.000] It's not about paying it. [42:26.000 --> 42:28.000] It's just about the lease. [42:28.000 --> 42:29.000] So... [42:29.000 --> 42:30.000] Okay. [42:30.000 --> 42:31.000] And if your contract says... [42:31.000 --> 42:32.000] It doesn't matter what he says either. [42:32.000 --> 42:35.000] It's still about the contract. [42:35.000 --> 42:36.000] Okay. [42:36.000 --> 42:37.000] You know what? [42:37.000 --> 42:41.000] If the contract says it goes month to month, then it goes month to month. [42:41.000 --> 42:43.000] And you have one. [42:43.000 --> 42:45.000] Okay. [42:45.000 --> 42:50.000] So how might I deal with this then, since he asked me to renew? [42:50.000 --> 42:54.000] We can't answer that until you've read the lease. [42:54.000 --> 42:55.000] Okay. [42:55.000 --> 42:56.000] Okay. [42:56.000 --> 42:57.000] It all depends. [42:57.000 --> 43:00.000] This is all about contract. [43:00.000 --> 43:03.000] All right. [43:03.000 --> 43:11.000] Well, I got that piece of paper, and I will look at it and see what it says. [43:11.000 --> 43:19.000] I am really ready to move on, but because he needs a piece of work. [43:19.000 --> 43:21.000] You just don't want to be pushed. [43:21.000 --> 43:22.000] I get it. [43:22.000 --> 43:23.000] Yep. [43:23.000 --> 43:24.000] That's all it is. [43:24.000 --> 43:26.000] That's all it is. [43:26.000 --> 43:27.000] You know? [43:27.000 --> 43:31.000] And what's troubling is his inconsistencies, Randy. [43:31.000 --> 43:32.000] Yeah. [43:32.000 --> 43:38.000] Read the contract, and then read the property code for California. [43:38.000 --> 43:41.000] And you're going to have a renter's rights act of some sort. [43:41.000 --> 43:42.000] Okay. [43:42.000 --> 43:43.000] Read those two. [43:43.000 --> 43:44.000] They're not that big. [43:44.000 --> 43:51.000] I read a whole 30-page contract yesterday morning in about two hours. [43:51.000 --> 43:52.000] Okay. [43:52.000 --> 43:54.000] Maybe three hours. [43:54.000 --> 43:57.000] But I read the entire contract. [43:57.000 --> 44:00.000] So the portion, you're not going to care about a lot of it. [44:00.000 --> 44:04.000] Through advances in technology, our lives have greatly improved. [44:04.000 --> 44:09.000] Except in the area of nutrition, people feed their pets better than they feed themselves. [44:09.000 --> 44:11.000] And it's time we changed all that. [44:11.000 --> 44:17.000] Our primary defense against aging and disease in this toxic environment is good nutrition. [44:17.000 --> 44:22.000] In a world where natural foods have been radiate, don't really need to be laid, [44:22.000 --> 44:25.000] longevity can provide the nutrients you need. [44:25.000 --> 44:31.000] Lowest rating network is many requests to endorse all sorts of products, most of which we reject. [44:31.000 --> 44:34.000] We have come to trust longevity so much. [44:34.000 --> 44:40.000] We became a marketing distributor along with Alex Jones, Ben Fuchs, and many others. [44:40.000 --> 44:43.000] When you order from LowestRatioNetwork.com, [44:43.000 --> 44:47.000] your health will improve as you help support quality radio. [44:47.000 --> 44:52.000] As you realize the benefits of longevity, you may want to join us. [44:52.000 --> 44:55.000] As a distributor, you can experience improved health, [44:55.000 --> 44:59.000] help your friends and family, and increase your income. [44:59.000 --> 45:01.000] Order now. [45:29.000 --> 45:34.000] It's created by a life of eternity with 22 years of case winning experience. [45:34.000 --> 45:39.000] Even if you're not in law, you can learn what everyone should understand [45:39.000 --> 45:43.000] about the principles and practices that control our American court. [45:43.000 --> 45:49.000] You'll receive our audio classroom, video seminar, tutorials, forms for civil relations, [45:49.000 --> 45:52.000] pro-state tactics, and much more. [45:52.000 --> 46:01.000] Please visit LowestRatio.com and click on the banner or call toll free, 866-LAW-ET. [46:22.000 --> 46:24.000] Thank you. [46:52.000 --> 46:54.000] Okay, we are back. [46:54.000 --> 46:57.000] Randy Kelton and Brett Fountain with LowestRatio. [46:57.000 --> 46:59.000] We're finishing up with Bena. [46:59.000 --> 47:01.000] Read your contract. [47:01.000 --> 47:06.000] Read the property code for renters. [47:06.000 --> 47:11.000] Yesterday morning, I read both of those in about four hours total. [47:11.000 --> 47:13.000] For your... [47:13.000 --> 47:23.000] For you, you have some specific issues you need to read. [47:23.000 --> 47:26.000] It'll probably take you 30 minutes to do both of them. [47:26.000 --> 47:28.000] Okay. [47:28.000 --> 47:32.000] And then you'll know where you stand. [47:32.000 --> 47:36.000] And then call us back next week and let us know how it goes. [47:36.000 --> 47:37.000] I sure will. [47:37.000 --> 47:38.000] Thank you, Randy. [47:38.000 --> 47:39.000] Have a good night. [47:39.000 --> 47:40.000] Good night, Brett. [47:40.000 --> 47:41.000] Okay. [47:41.000 --> 47:42.000] Thank you. [47:42.000 --> 47:43.000] Thank you, Bena. [47:43.000 --> 47:46.000] Okay, now we're going from Bena to Tina. [47:46.000 --> 47:47.000] Hello. [47:47.000 --> 47:53.000] Bena and Tina are both in California, but neither one of them is churlish. [47:53.000 --> 47:55.000] Is that cool or what? [47:55.000 --> 47:57.000] Very cool. [47:57.000 --> 48:03.000] We're just, you know, the darlings, because we're very sweet and nice. [48:03.000 --> 48:04.000] Oh, okay. [48:04.000 --> 48:05.000] Unlike Wendy. [48:05.000 --> 48:07.000] Anyway, just... [48:07.000 --> 48:12.000] Now, you're not going to call me a goofball, too, are you? [48:12.000 --> 48:16.000] No, I'm just going to call you churlish. [48:16.000 --> 48:17.000] Randy, churlish. [48:17.000 --> 48:19.000] Well, sometimes. [48:19.000 --> 48:22.000] But going to your previous caller... [48:22.000 --> 48:25.000] I will definitely get churlish with this judge in Belton. [48:25.000 --> 48:27.000] I'll have fun with him. [48:27.000 --> 48:29.000] Okay, okay, because he was petulant. [48:29.000 --> 48:31.000] Yes, he was petulant. [48:31.000 --> 48:34.000] What do you have for us today, Tina? [48:34.000 --> 48:37.000] We're going to your prior caller here. [48:37.000 --> 48:44.000] Renters do have a lot of rights that they don't know in California. [48:44.000 --> 48:50.000] They cannot sign a document that signs away their rights. [48:50.000 --> 48:55.000] If a landlord tries to do that and they get them to sign away their rights, [48:55.000 --> 48:58.000] then it's null and void. [48:58.000 --> 49:05.000] They do have a grace period automatically of three days to pay their rent. [49:05.000 --> 49:10.000] And in order to get a tenant to pay their rent, if they have not paid, [49:10.000 --> 49:16.000] the landlord must send them a three-day notice to pay or quit. [49:16.000 --> 49:21.000] If they don't do that, the tenant doesn't have to pay until that is signed. [49:21.000 --> 49:29.000] And they can't evict them until that three-day notice to pay or quit is sent to them. [49:29.000 --> 49:40.000] And there are quite a number of tenant helplines to go to for LA tenants. [49:40.000 --> 49:43.000] You just have to look for them. [49:43.000 --> 49:46.000] And I know that because I was once a landlord [49:46.000 --> 49:51.000] until the bank stole my home and my income. [49:51.000 --> 49:54.000] So she has a lot of remedies. [49:54.000 --> 49:57.000] Good, good. [49:57.000 --> 49:58.000] Okay. [49:58.000 --> 50:05.000] And then going back to the person earlier that talked about the fraud [50:05.000 --> 50:10.000] and all the elements of the fraud, [50:10.000 --> 50:15.000] I proved all the elements of fraud in my case against these attorneys. [50:15.000 --> 50:20.000] And I went through every single one and put everything in there. [50:20.000 --> 50:25.000] And the judge was like, nah, it's all about the res judicata. [50:25.000 --> 50:27.000] Well, was it the judge that came up with that idea [50:27.000 --> 50:30.000] or was it the lying lawyers that kept saying that? [50:30.000 --> 50:35.000] Like that's the only thing they could chant because they didn't have an escape route. [50:35.000 --> 50:39.000] That's the lying lawyer started it and she just agreed with them. [50:39.000 --> 50:40.000] Yeah. [50:40.000 --> 50:45.000] And then they put in this, you know, anti-slap and all the other stuff. [50:45.000 --> 50:52.000] And the only reason they did that is so that they knew it was the only way to stop discovery. [50:52.000 --> 50:55.000] And you were talking about the fraud. [50:55.000 --> 51:01.000] They put something on the board today about intentional fraud and written fraud. [51:01.000 --> 51:08.000] You know, when they put that in there and they intentionally defraud you, [51:08.000 --> 51:10.000] you have them. [51:10.000 --> 51:15.000] But if the judge rules against you like she did in my case, [51:15.000 --> 51:22.000] we only have the appeal court to go to and the appeal court is against me anyway. [51:22.000 --> 51:27.000] So I'm not sure how much luck I'm going to have there. [51:27.000 --> 51:33.000] And I'm wondering if my big thing is because the other thing they brought in was [51:33.000 --> 51:41.000] I was outside of the bounds of bringing them to task and, you know, [51:41.000 --> 51:47.000] I put in that, you know, I didn't know about it before and could not have known about it [51:47.000 --> 51:56.000] until the CEO of the bank refused to answer my request for the documents. [51:56.000 --> 52:05.000] But how do, you know, when I believe I've literally addressed every single aspect of the fraud claim, [52:05.000 --> 52:08.000] how do you, you know, where do you go from here? [52:08.000 --> 52:17.000] How do I approach it in the appeals court? [52:17.000 --> 52:20.000] Uh-oh. [52:20.000 --> 52:21.000] Randy? [52:21.000 --> 52:29.000] You're asking for a specific answer to a general question. [52:29.000 --> 52:35.000] I don't know how to answer that other than say you appeal the ruling, [52:35.000 --> 52:39.000] you ask for findings of fact, but you had this problem in California [52:39.000 --> 52:42.000] that they seemed not to care what the law is. [52:42.000 --> 52:45.000] Yes, exactly. [52:45.000 --> 52:53.000] And you and Ted and a number of others, I don't know, is this a blue state thing [52:53.000 --> 52:57.000] or is it just a California thing? [52:57.000 --> 53:00.000] I think it's just a California thing. [53:00.000 --> 53:06.000] And, you know, the corruption in our courts has been written about extensively. [53:06.000 --> 53:12.000] But, you know, when you really feel that you've addressed every aspect of the fraud [53:12.000 --> 53:17.000] and you were right about saying there's so many elements and you have to hit every element [53:17.000 --> 53:19.000] or you don't have the claim. [53:19.000 --> 53:24.000] And, you know, I went through this over and over before I filed it, [53:24.000 --> 53:28.000] and I hit every single element. [53:28.000 --> 53:31.000] And they tossed it anyway. [53:31.000 --> 53:37.000] Tossed it on Rez Judicata. [53:37.000 --> 53:42.000] I mean, it's just like, and, you know, when you talk about there's something I posted earlier [53:42.000 --> 53:49.000] about the fraud and attorneys, you know, intentional fraud and misrepresentation. [53:49.000 --> 53:56.000] And it seems to be very, very clear that they are not supposed to lie. [53:56.000 --> 53:58.000] They are not supposed to misrepresent and everything. [53:58.000 --> 54:07.000] But then it really goes against and butts up against this California absolute litigation privilege. [54:07.000 --> 54:12.000] So which takes precedence, the litigation privilege which allows attorneys to lie [54:12.000 --> 54:19.000] or the rules of professional conduct and the, you know, the oath of office they sign and take [54:19.000 --> 54:22.000] and which says they must not lie. [54:22.000 --> 54:32.000] You know, how do you address this, you know, contradiction in, you know, terms? [54:32.000 --> 54:35.000] California. [54:35.000 --> 54:39.000] In any other state, I would think, well, I don't know. [54:39.000 --> 54:44.000] I guess the states are essentially corrupt everywhere. [54:44.000 --> 54:49.000] But it appears as though they're not quite as corrupt everywhere as they are in California. [54:49.000 --> 54:54.000] Maybe California will implode on this, at least the legal system, [54:54.000 --> 54:57.000] will implode on itself before too long. [54:57.000 --> 54:59.000] I certainly hope so. [54:59.000 --> 55:03.000] Or we get more people like you really taking them on. [55:03.000 --> 55:09.000] And Ted, we finally got Ted talked into putting together the federal suit. [55:09.000 --> 55:11.000] Yeah. [55:11.000 --> 55:12.000] Yeah. [55:12.000 --> 55:16.000] His has been a mess and I'm waiting for him to send me some information [55:16.000 --> 55:22.000] so that I can send a letter, a request for public information [55:22.000 --> 55:29.000] to find out how much the county has spent prosecuting him and anyone else [55:29.000 --> 55:34.000] whose cases have gone for four years or more. [55:34.000 --> 55:37.000] I'm just waiting for him to send me the information. [55:37.000 --> 55:38.000] Yeah. [55:38.000 --> 55:43.000] Someone sent me the number to a Dr. Fiennes. [55:43.000 --> 55:44.000] Oh, yeah. [55:44.000 --> 55:46.000] Are you familiar with him, Tina? [55:46.000 --> 55:47.000] Uh-huh. [55:47.000 --> 55:52.000] Yes, he was in solitary confinement, an attorney that was disbarred, [55:52.000 --> 55:59.000] put in solitary for I think a year or 18 months because he exposed the fraud. [55:59.000 --> 56:02.000] Ken, someone gave me the number and I can't find it. [56:02.000 --> 56:06.000] Can you email me a contact number for him? [56:06.000 --> 56:09.000] I will find the information for him, yes. [56:09.000 --> 56:13.000] I would like to get him on the show. [56:13.000 --> 56:18.000] That would be great, yes, because we have to address this. [56:18.000 --> 56:24.000] I mean, it's getting so ridiculous and I posted a little bit on the chat [56:24.000 --> 56:30.000] about my issue yesterday and I took the assistant DA's advice [56:30.000 --> 56:33.000] and went in there in person today. [56:33.000 --> 56:40.000] What a difference in the way they treated me today as opposed to before. [56:40.000 --> 56:43.000] Funny how that works. [56:43.000 --> 56:46.000] Do you think the DA talked to him? [56:46.000 --> 56:51.000] Well, I'm sure he must have had a little word [56:51.000 --> 56:55.000] because they were just so friendly and helpful and, [56:55.000 --> 56:57.000] oh, no, you don't have an issue with the timing. [56:57.000 --> 57:00.000] We've accepted your designation. [57:00.000 --> 57:03.000] It's just the transcript we need. [57:03.000 --> 57:07.000] And we've already talked to the supervisors of the court reporters [57:07.000 --> 57:11.000] and I'm like, well, you know, my concern is am I going to get dinged [57:11.000 --> 57:14.000] for this not happening, you know, and not getting a response. [57:14.000 --> 57:17.000] Oh, no, no, no, we're going to take care of it [57:17.000 --> 57:22.000] and you just have to get the fee paid when they tell you what the fee is. [57:22.000 --> 57:24.000] Well, they need to tell me. [57:24.000 --> 57:26.000] I already asked them but they didn't respond [57:26.000 --> 57:29.000] and they did confirm that I cannot change that. [57:29.000 --> 57:32.000] It has to be the court reporter. [57:32.000 --> 57:37.000] So they were, and they had an issue, well, I have this person here [57:37.000 --> 57:41.000] so that we, there can't be any dispute over what we told you. [57:41.000 --> 57:42.000] I said, no, that's okay. [57:42.000 --> 57:47.000] I said, I'm writing it down and I read it back to them, all their instructions [57:47.000 --> 57:51.000] and we were both very cordial and polite to each other [57:51.000 --> 57:56.000] and it was, wow, amazing. [57:56.000 --> 57:58.000] And you're running me off the cliff, Randy. [57:58.000 --> 58:02.000] It's all your fault. [58:02.000 --> 58:04.000] He does that. [58:04.000 --> 58:08.000] He loves to do that to us. [58:08.000 --> 58:10.000] How about it? [58:10.000 --> 58:16.000] We've got 512-646-1984 if anybody wants to jump on. [58:16.000 --> 58:21.000] We have another slot here on the caller board that's open. [58:21.000 --> 58:25.000] If you have questions or comments, go ahead and jump in there. [58:25.000 --> 58:30.000] 512-646-1984. [58:30.000 --> 58:35.000] E.J., can you drop off and open a slot for someone else [58:35.000 --> 58:38.000] if you've been listening online? [58:38.000 --> 58:42.000] E.J. was wanting us to circle back. [58:42.000 --> 58:44.000] Oh, that's right. [58:44.000 --> 58:46.000] My bad. [58:46.000 --> 58:48.000] A lot of static. [58:48.000 --> 58:50.000] We'll be right back. [58:50.000 --> 58:54.000] Would you like to make more definite progress in your walk with God? [58:54.000 --> 58:57.000] Bibles for America is offering a free study Bible [58:57.000 --> 59:01.000] and a set of free Christian books that can really help. [59:01.000 --> 59:04.000] The New Testament Recovery Version is one of the most comprehensive [59:04.000 --> 59:06.000] study Bibles available today. [59:06.000 --> 59:09.000] It's an accurate translation and it contains thousands of footnotes [59:09.000 --> 59:13.000] that will help you to know God and to know the meaning of life. [59:13.000 --> 59:16.000] The free books are a three-volume set called [59:16.000 --> 59:18.000] Basic Elements of the Christian Life. [59:18.000 --> 59:21.000] Chapter by chapter, Basic Elements of the Christian Life [59:21.000 --> 59:24.000] clearly presents God's plan of salvation, [59:24.000 --> 59:27.000] growing in Christ and how to build up the church. [59:27.000 --> 59:30.000] To order your free New Testament Recovery Version [59:30.000 --> 59:33.000] and Basic Elements of the Christian Life, [59:33.000 --> 59:40.000] call Bibles for America toll free at 888-551-0102. [59:40.000 --> 59:44.000] That's 888-551-0102. [59:44.000 --> 59:51.000] Or, visit us online at bfa.org. [59:51.000 --> 01:00:02.000] You're listening to Low Radio Network at lowradionetwork.com. [01:00:02.000 --> 01:00:06.000] The Bill of Rights contains the first ten amendments of our Constitution. [01:00:06.000 --> 01:00:09.000] They guarantee the specific freedoms Americans should know and protect. [01:00:09.000 --> 01:00:11.000] Our liberty depends on it. [01:00:11.000 --> 01:00:14.000] I'm Dr. Catherine Albright and I'll be right back with an unforgettable way [01:00:14.000 --> 01:00:17.000] to remember one of your constitutional rights. [01:00:17.000 --> 01:00:19.000] Privacy is under attack. [01:00:19.000 --> 01:00:22.000] When you give up data about yourself, you'll never get it back again. [01:00:22.000 --> 01:00:27.000] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:00:27.000 --> 01:00:29.000] So protect your rights. [01:00:29.000 --> 01:00:32.000] Say no to surveillance and keep your information to yourself. [01:00:32.000 --> 01:00:35.000] Privacy, it's worth hanging on to. [01:00:35.000 --> 01:00:38.000] This public service announcement is brought to you by StartPage.com, [01:00:38.000 --> 01:00:43.000] the private search engine alternative to Google, Yahoo, and Bing. [01:00:43.000 --> 01:00:46.000] Start over with StartPage. [01:00:46.000 --> 01:00:49.000] Imagine your mom and dad are getting ready for bed. [01:00:49.000 --> 01:00:52.000] They pull back the covers and find a third party there. [01:00:52.000 --> 01:00:55.000] He announces, I'm with the military and I'm sleeping here tonight. [01:00:55.000 --> 01:00:58.000] That shocking image of a third party in my parents' bed reminds me [01:00:58.000 --> 01:01:01.000] what the Third Amendment was designed to prevent. [01:01:01.000 --> 01:01:04.000] It protects us from being forced to share our homes with soldiers, [01:01:04.000 --> 01:01:07.000] a common demand in the days of our founding fathers. [01:01:07.000 --> 01:01:09.000] Third party? Third Amendment? Get it? [01:01:09.000 --> 01:01:13.000] So if you answer a knock at your door and guys in fatigues demand lodging, [01:01:13.000 --> 01:01:17.000] tell them to dust off their copy of the Bill of Rights and reread the Third Amendment. [01:01:17.000 --> 01:01:22.000] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:01:32.000 --> 01:01:35.000] The Bill of Rights contains the first ten amendments of our Constitution. [01:01:35.000 --> 01:01:39.000] They guarantee the specific freedoms Americans should know and protect. [01:01:39.000 --> 01:01:40.000] Our liberty depends on it. [01:01:40.000 --> 01:01:44.000] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way [01:01:44.000 --> 01:01:47.000] to remember one of your constitutional rights. [01:01:47.000 --> 01:01:49.000] Privacy is under attack. [01:01:49.000 --> 01:01:52.000] When you give up data about yourself, you'll never get it back again. [01:01:52.000 --> 01:01:57.000] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:01:57.000 --> 01:02:02.000] So protect your rights, stay known to surveillance, and keep your information to yourself. [01:02:02.000 --> 01:02:05.000] Privacy is worth hanging on to. [01:02:05.000 --> 01:02:08.000] This public service announcement is brought to you by StartPage.com, [01:02:08.000 --> 01:02:12.000] the private search engine alternative to Google, Yahoo, and Bing. [01:02:12.000 --> 01:02:16.000] Start over with StartPage. [01:02:16.000 --> 01:02:20.000] Imagine four eyes staring at you through binoculars, a magnifying glass, [01:02:20.000 --> 01:02:22.000] or a pair of x-ray goggles. [01:02:22.000 --> 01:02:26.000] That imagery reminds me that the Fourth Amendment guarantees Americans freedom [01:02:26.000 --> 01:02:28.000] from unreasonable search and seizure. [01:02:28.000 --> 01:02:31.000] Fourth Amendment? Four eyes staring at you? Get it? [01:02:31.000 --> 01:02:35.000] Unfortunately, the government is trampling our Fourth Amendment rights in the name of security. [01:02:35.000 --> 01:02:40.000] Keys and coins, TSA airport scanners that peer under your clothing. [01:02:40.000 --> 01:02:44.000] When government employees demand a peep of your privates without probable cause, [01:02:44.000 --> 01:02:47.000] I say it's time to sound the constitutional alarm bells. [01:02:47.000 --> 01:02:50.000] Join me in asking our representatives to dust off the bill of rights [01:02:50.000 --> 01:02:54.000] and use their googly eyes to take a gander at the Fourth. [01:02:54.000 --> 01:03:01.000] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:03:01.000 --> 01:03:25.000] Music playing. [01:03:25.000 --> 01:03:44.000] Music playing. [01:03:44.000 --> 01:03:46.000] Okay, we are back. [01:03:46.000 --> 01:03:55.000] Randy Kelton, Brett Fountain, Meruva Radio, and we're talking to Tina in California. [01:03:55.000 --> 01:03:59.000] Okay, Tina, what else do you have for us today? [01:03:59.000 --> 01:04:04.000] Nothing else today, but we definitely need to get into this issue of fraud, [01:04:04.000 --> 01:04:10.000] and I'll keep posting some things I find so that it might help others on this, [01:04:10.000 --> 01:04:14.000] because there's some very interesting stuff. [01:04:14.000 --> 01:04:18.000] Again, in California, there's a statute that says we are, [01:04:18.000 --> 01:04:24.000] and I think 671 that I posted, we are entitled to a trial by jury. [01:04:24.000 --> 01:04:30.000] I mean, it's clear as day that they keep denying us. [01:04:30.000 --> 01:04:33.000] They never tell you why they deny you. [01:04:33.000 --> 01:04:38.000] They never tell you you need to pay a jury fee or if you're indigent, [01:04:38.000 --> 01:04:44.000] you can bet they absolutely do not give you any indication whatsoever, [01:04:44.000 --> 01:04:50.000] but according to what I posted tonight, we are absolutely entitled to it. [01:04:50.000 --> 01:05:00.000] Well, it seems the way it is in my constitution, but California, that's another country. [01:05:00.000 --> 01:05:02.000] Okay, thank you, Tina. [01:05:02.000 --> 01:05:04.000] California, okay. [01:05:04.000 --> 01:05:10.000] Okay, now we're going to go to Jason in California. [01:05:10.000 --> 01:05:11.000] Hello, Jason. [01:05:11.000 --> 01:05:15.000] What do you have for us today? [01:05:15.000 --> 01:05:18.000] Got some questions. [01:05:18.000 --> 01:05:22.000] It's kind of connected with our previous conversations, [01:05:22.000 --> 01:05:26.000] but maybe slightly a little random. [01:05:26.000 --> 01:05:35.000] Okay, what does the merits of a case mean? [01:05:35.000 --> 01:05:43.000] The law as it goes to the facts. [01:05:43.000 --> 01:05:45.000] The cop says you were speeding. [01:05:45.000 --> 01:05:47.000] You say you weren't speeding. [01:05:47.000 --> 01:05:54.000] You ask the cop, when did you have your radar calibrated? [01:05:54.000 --> 01:05:59.000] Everything goes to the facts of the case, goes to merits. [01:05:59.000 --> 01:06:03.000] Anytime you go to merits, it goes to the discretion of the judge, [01:06:03.000 --> 01:06:09.000] who he believes, how much he believes, whatever. [01:06:09.000 --> 01:06:12.000] So you want to go to subject matter jurisdiction, [01:06:12.000 --> 01:06:21.000] to issues that have nothing to do with the facts of the case. [01:06:21.000 --> 01:06:24.000] Can I answer your question, does that make sense? [01:06:24.000 --> 01:06:27.000] I didn't understand the subject matter connection. [01:06:27.000 --> 01:06:32.000] The subject matter jurisdiction doesn't go to any of the charges against you. [01:06:32.000 --> 01:06:37.000] It goes to whether or not the court can hear your case, [01:06:37.000 --> 01:06:43.000] and that's not a matter for the judge's discretion. [01:06:43.000 --> 01:06:48.000] In personum jurisdiction, it's not a matter for judge's discretion. [01:06:48.000 --> 01:06:54.000] The authority of the officer to bring the charges is not within the judge's discretion. [01:06:54.000 --> 01:06:58.000] He either has it or he doesn't. [01:06:58.000 --> 01:07:07.000] But whether or not the stop was proper, that goes to the judge's discretion. [01:07:07.000 --> 01:07:08.000] Does that make sense? [01:07:08.000 --> 01:07:15.000] Does the subject matter always have to do with someone having standing, someone being harmed? [01:07:15.000 --> 01:07:16.000] No. [01:07:16.000 --> 01:07:17.000] Why? [01:07:17.000 --> 01:07:18.000] No, no, no. [01:07:18.000 --> 01:07:20.000] No Patriot stuff here. [01:07:20.000 --> 01:07:21.000] Nobody has to be harmed. [01:07:21.000 --> 01:07:22.000] Nobody. [01:07:22.000 --> 01:07:28.000] In criminal cases, there does not have to be an injured party. [01:07:28.000 --> 01:07:33.000] This is not contract law. [01:07:33.000 --> 01:07:37.000] Patriot guys keep saying that and saying that, I've been thirty years fighting that. [01:07:37.000 --> 01:07:38.000] Patriot guys. [01:07:38.000 --> 01:07:39.000] I don't know. [01:07:39.000 --> 01:07:40.000] Yeah. [01:07:40.000 --> 01:07:47.040] So I thought I was challenging subject matter jurisdiction because there's no injured party. [01:07:47.040 --> 01:07:49.440] No, I can't. [01:07:49.440 --> 01:07:51.880] That doesn't affect the judge's jurisdiction. [01:07:51.880 --> 01:07:57.520] What if this way, what is going to give the judge jurisdiction? [01:07:57.520 --> 01:08:01.120] Will you say that again, Brett? [01:08:01.120 --> 01:08:08.320] What if this way, what is it that would give that judge jurisdiction to hear this case? [01:08:08.320 --> 01:08:09.320] What would? [01:08:09.320 --> 01:08:18.160] I mean, I thought it was a pleading, a complaint that... [01:08:18.160 --> 01:08:19.160] No. [01:08:19.160 --> 01:08:20.160] No, no, no. [01:08:20.160 --> 01:08:23.840] What it's going to be is constitution and statute. [01:08:23.840 --> 01:08:25.840] Right. [01:08:25.840 --> 01:08:28.320] That's where it comes from. [01:08:28.320 --> 01:08:34.880] Constitution gives district judges authority over felonies, county judges authority over [01:08:34.880 --> 01:08:35.880] misdemeanors. [01:08:35.880 --> 01:08:40.640] Mm-hmm, certain severities, and then you're going to have in the statutes, you'll have [01:08:40.640 --> 01:08:43.240] a certain process that they have to follow. [01:08:43.240 --> 01:08:47.440] They have to come up with a certain kind of charging instrument that has to have certain [01:08:47.440 --> 01:08:52.680] characteristics that has to be signed by a certain person and sworn by a certain person [01:08:52.680 --> 01:08:56.000] and handed from this certain person to that certain person. [01:08:56.000 --> 01:08:57.000] You follow that pattern. [01:08:57.000 --> 01:09:03.200] And if they checked all those boxes, they did everything right, then they have vested [01:09:03.200 --> 01:09:10.360] the court with jurisdiction to hear the case that is described on that special piece of [01:09:10.360 --> 01:09:11.360] paper. [01:09:11.360 --> 01:09:19.200] And that's a good point you bring, Brett, because the judge has constitutional statutory [01:09:19.200 --> 01:09:21.240] jurisdiction. [01:09:21.240 --> 01:09:23.080] Okay. [01:09:23.080 --> 01:09:29.160] However, that jurisdiction has to be invoked. [01:09:29.160 --> 01:09:34.240] A judge has criminal jurisdiction. [01:09:34.240 --> 01:09:36.120] Okay. [01:09:36.120 --> 01:09:42.960] I go tell the judge, this dirty rotten scoundrel over there committed this felony, arrest him, [01:09:42.960 --> 01:09:45.560] prosecute him, throw him in jail. [01:09:45.560 --> 01:09:48.320] Judge has no jurisdiction yet. [01:09:48.320 --> 01:09:54.680] In order to give that court jurisdiction over the case, I have to craft the verified criminal [01:09:54.680 --> 01:09:55.680] affidavit. [01:09:55.680 --> 01:10:01.280] And I have to present that affidavit to some magistrate. [01:10:01.280 --> 01:10:07.080] And that magistrate then has to hold an examining trial. [01:10:07.080 --> 01:10:09.640] In Texas, he'd have to issue a warrant. [01:10:09.640 --> 01:10:14.440] And once the person was brought before the judge, hold an examining trial and make a [01:10:14.440 --> 01:10:24.080] determination of probable cause and file an order showing that he found probable cause [01:10:24.080 --> 01:10:30.560] with the clerk of the court that would have subject matter jurisdiction. [01:10:30.560 --> 01:10:35.880] It takes all of that before the trial court can have jurisdiction. [01:10:35.880 --> 01:10:38.200] None of that goes to merits. [01:10:38.200 --> 01:10:44.120] Yeah, so I understand that it's easier for them to skip all those steps. [01:10:44.120 --> 01:10:45.560] It's kind of like a bottleneck. [01:10:45.560 --> 01:10:50.080] They have to do all these things when they could just be more efficient and just collect [01:10:50.080 --> 01:10:51.080] the money, right? [01:10:51.080 --> 01:10:55.280] But they have all these bottleneck steps, well, they don't want to, they'd rather skip [01:10:55.280 --> 01:10:56.280] it. [01:10:56.280 --> 01:10:58.280] You don't let them skip it. [01:10:58.280 --> 01:11:03.480] Yeah, and none of that goes to merits. [01:11:03.480 --> 01:11:10.440] Once the trial court gets jurisdiction, once the magistrate has found probable cause and [01:11:10.440 --> 01:11:17.440] forwarded the complaint to the trial court, now the trial court has jurisdiction. [01:11:17.440 --> 01:11:21.360] Now we go to the merits. [01:11:21.360 --> 01:11:31.200] Okay, now if we're dealing with a civil issue, how is subject matter? [01:11:31.200 --> 01:11:39.280] Is the amount that you claimed within the limits of a particular court, JP court in [01:11:39.280 --> 01:11:41.200] Texas is 20,000. [01:11:41.200 --> 01:11:47.760] If you ask for 21,000, the JP court can't hear it. [01:11:47.760 --> 01:11:55.040] If you are in a JP court and you've been sued and you file a countersuit that exceeds the [01:11:55.040 --> 01:12:03.520] JP's $20,000 limit, the JP will dismiss the countersuit immediately by statute because [01:12:03.520 --> 01:12:06.280] he can't hear it. [01:12:06.280 --> 01:12:08.400] There's a statutory amount for each one. [01:12:08.400 --> 01:12:16.200] There are, in criminal, there are certain cases that each judge can hear. [01:12:16.200 --> 01:12:20.440] Municipal and JP can hear Class C misdemeanor. [01:12:20.440 --> 01:12:27.080] County courts can hear Class B, Class A misdemeanor, district court's felony. [01:12:27.080 --> 01:12:36.960] If you try to file a felony in a justice court, the justice court cannot hear it, no jurisdiction. [01:12:36.960 --> 01:12:45.480] If there is not a valid criminal complaint in the record, there's no jurisdiction. [01:12:45.480 --> 01:12:51.840] If they have not, let's see, what else, Brett? [01:12:51.840 --> 01:13:02.000] If the filer of the complaint is not a credible person, credible person is in Texas and generally [01:13:02.000 --> 01:13:07.720] is defined as someone over the 18 never convicted of a felony. [01:13:07.720 --> 01:13:11.280] And who's competent to testify? [01:13:11.280 --> 01:13:12.280] Yes. [01:13:12.280 --> 01:13:19.680] They're all of that, but they're a prosecutor in that case, in that court, and they're not [01:13:19.680 --> 01:13:23.680] considered capable of testifying, so they're not actually- [01:13:23.680 --> 01:13:28.960] Wait a minute, wait a minute, hold on, no. [01:13:28.960 --> 01:13:35.240] You don't have to be a competent witness in order to get jurisdiction to the court. [01:13:35.240 --> 01:13:39.440] That's true, for the complaint part, that's true. [01:13:39.440 --> 01:13:44.720] In order to prosecute him, they would have to come up with a credible witness, but to [01:13:44.720 --> 01:13:52.880] get it to the court, I can say, my neighbor told me that this guy murdered that guy. [01:13:52.880 --> 01:13:56.480] And even just hearsay is enough to get it to the examining trial. [01:13:56.480 --> 01:14:00.880] Yeah, but once, even past the examining trial. [01:14:00.880 --> 01:14:03.880] No, at the examining trial, there's no way. [01:14:03.880 --> 01:14:06.640] He would have to be able to cross examine the witnesses. [01:14:06.640 --> 01:14:09.200] If they say, what witnesses? [01:14:09.200 --> 01:14:10.840] We don't have any witnesses. [01:14:10.840 --> 01:14:18.600] The magic would be completely inappropriate for him to find probable cause in a presumption [01:14:18.600 --> 01:14:20.760] of innocence when there's no evidence. [01:14:20.760 --> 01:14:24.720] Well, statutorily, he can do that. [01:14:24.720 --> 01:14:31.400] Once it gets to the trial court, then all that hearsay goes away. [01:14:31.400 --> 01:14:35.360] Then they have to come up with a competent witness, but a hearsay witness can get you [01:14:35.360 --> 01:14:41.480] to the trial court. [01:14:41.480 --> 01:14:45.560] So just a reminder, I'm the Trader Joe's guy. [01:14:45.560 --> 01:14:46.560] Yeah. [01:14:46.560 --> 01:14:59.400] So I have a hearing on Monday, and as I continue to read that, O'Connor's, it is awesome. [01:14:59.400 --> 01:15:01.560] It's a really great resource. [01:15:01.560 --> 01:15:08.600] I'm just learning more and more stuff that I wish I knew a few weeks ago. [01:15:08.600 --> 01:15:21.440] So the petition they filed was accompanied by 13 statements, and they're supposed to [01:15:21.440 --> 01:15:27.120] be declarations, and none of them are declarations. [01:15:27.120 --> 01:15:35.760] There's a code of civil procedure that spells out what a declaration is, that they're certifying [01:15:35.760 --> 01:15:40.160] under penalty or perjury, and none of them have that. [01:15:40.160 --> 01:15:41.160] Good. [01:15:41.160 --> 01:15:42.160] Okay. [01:15:42.160 --> 01:15:43.160] Here's the deal. [01:15:43.160 --> 01:15:51.520] Those documents are in the court record, but they are not before the court. [01:15:51.520 --> 01:15:57.720] So you move to strike them because they do not meet the rules of evidence. [01:15:57.720 --> 01:15:58.960] They're not verified. [01:15:58.960 --> 01:16:07.400] I'm about to hammer a lawyer in Victoria County over something on that order that's so subtle [01:16:07.400 --> 01:16:10.120] this guy will get apoplexy. [01:16:10.120 --> 01:16:15.360] He filed a subject matter jurisdiction challenge that doesn't have to be verified, but he didn't [01:16:15.360 --> 01:16:17.960] challenge subject matter jurisdiction. [01:16:17.960 --> 01:16:21.120] He addressed an affirmative defense. [01:16:21.120 --> 01:16:27.720] So if the subject matter jurisdiction challenge doesn't challenge subject matter jurisdiction, [01:16:27.720 --> 01:16:30.520] then they have to treat it like what it is. [01:16:30.520 --> 01:16:37.360] It's an answer, but an answer had to be verified, and it's not. [01:16:37.360 --> 01:16:43.000] So we moved to strike that document as not before the court. [01:16:43.000 --> 01:16:47.680] It's in the record, but the judge can't see it and get them thrown out. [01:16:47.680 --> 01:16:52.520] Randy Kelton, Brett Fountain, hang on, we're going to our sponsors. [01:16:52.520 --> 01:16:53.960] I got that all screwed up. [01:16:53.960 --> 01:17:00.360] Say something interesting to fill up this last few seconds, Brett. [01:17:00.360 --> 01:17:05.040] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [01:17:05.040 --> 01:17:09.160] Stop debt collectors now with the Michael Maris proven method. [01:17:09.160 --> 01:17:13.480] Michael Maris has won six cases in federal court against debt collectors, and now you [01:17:13.480 --> 01:17:14.480] can win too. [01:17:14.480 --> 01:17:19.400] You'll get step-by-step instructions in plain English on how to win in court using federal [01:17:19.400 --> 01:17:20.400] civil rights statute. [01:17:20.400 --> 01:17:25.720] What to do when contacted by phone, mail, or court summons, how to answer letters and [01:17:25.720 --> 01:17:30.160] phone calls, how to get debt collectors out of your credit report, how to turn your financial [01:17:30.160 --> 01:17:33.920] tables on them and make them pay you to go away. [01:17:33.920 --> 01:17:39.040] The Michael Maris proven method is the solution for how to stop debt collectors. [01:17:39.040 --> 01:17:41.040] Personal consultation is available as well. [01:17:41.040 --> 01:17:46.720] For more information, please visit ruleoflawradio.com and click on the blue Michael Maris banner [01:17:46.720 --> 01:17:49.720] or email michaelmaris at yahoo.com. [01:17:49.720 --> 01:17:58.720] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt [01:17:58.720 --> 01:17:59.720] collectors now. [01:17:59.720 --> 01:18:00.720] I love logos. [01:18:00.720 --> 01:18:01.720] Without the shows on this network, I'd be almost as ignorant as my friends. [01:18:01.720 --> 01:18:02.720] I'm so addicted to the truth now that there's no going back. [01:18:02.720 --> 01:18:03.720] I need my truth fake. [01:18:03.720 --> 01:18:04.720] I'd be lost without logos. [01:18:04.720 --> 01:18:05.720] And I really want to help keep this network on the air. [01:18:05.720 --> 01:18:06.720] I'd love to volunteer as a show producer, but I'm a bit of a bloodite. [01:18:06.720 --> 01:18:07.720] And I really don't have any money to give because I spend it all on slides. [01:18:07.720 --> 01:18:08.720] And I really don't have any money to give because I spend it all on slides. [01:18:08.720 --> 01:18:09.720] And I really don't have any money to give because I spend it all on slides. [01:18:09.720 --> 01:18:30.720] And I really don't have any money to give because I spend it all on slides. [01:18:30.720 --> 01:18:51.720] And I really don't have any money to give because I spend it all on slides. [01:18:51.720 --> 01:19:12.720] And I really don't have any money to give because I spend it all on slides. [01:19:12.720 --> 01:19:39.720] And I really don't have any money to give because I spend it all on slides. [01:19:39.720 --> 01:20:06.720] And I really don't have any money to give because I spend it all on slides. [01:20:06.720 --> 01:20:33.720] And I really don't have any money to give because I spend it all on slides. [01:20:33.720 --> 01:20:39.720] And that's an issue I'm going to take on with this judge in Rome, Texas. [01:20:39.720 --> 01:20:43.720] He denied my challenge to subject matter jurisdiction. [01:20:43.720 --> 01:20:46.720] They can't deny their challenge to subject matter jurisdiction. [01:20:46.720 --> 01:20:51.720] They have to rule that they have jurisdiction. [01:20:51.720 --> 01:20:53.720] He just denied it. [01:20:53.720 --> 01:20:57.720] The guy doesn't have a clue as to what he's doing. [01:20:57.720 --> 01:21:04.720] So I'm going to challenge the denial because the judge was required to prove up jurisdiction. [01:21:04.720 --> 01:21:09.720] And that was in my case law that he didn't bother to read. [01:21:09.720 --> 01:21:15.720] Mainly I'm going to charge him with denying me in due process [01:21:15.720 --> 01:21:22.720] by failing to read and rule on the issues in my pleadings. [01:21:22.720 --> 01:21:27.720] Anyone who reads this 30-page subject matter jurisdiction challenge, [01:21:27.720 --> 01:21:32.720] it will be clear to them that whatever else it is, it's not frivolous. [01:21:32.720 --> 01:21:44.720] And it's not BS like the judge in Belton, Texas called it. [01:21:44.720 --> 01:21:48.720] So he can't deny it. [01:21:48.720 --> 01:21:50.720] He has to prove up jurisdiction. [01:21:50.720 --> 01:21:58.720] Okay. Is it clear what we're going to, the difference between jurisdiction and merits? [01:21:58.720 --> 01:22:00.720] Well, yes, yes. [01:22:00.720 --> 01:22:09.720] But I'm still shaky on how I would argue for myself. [01:22:09.720 --> 01:22:18.720] Because the case, the little bit of case law that I've seen had to do with how standing [01:22:18.720 --> 01:22:25.720] and jurisdiction, when it's a statute, kind of become connected. [01:22:25.720 --> 01:22:29.720] Okay. Standing. [01:22:29.720 --> 01:22:33.720] When it comes to criminal, anyone has standing. [01:22:33.720 --> 01:22:35.720] No, not criminal. [01:22:35.720 --> 01:22:39.720] Who has personal or hearsay knowledge of a crime. [01:22:39.720 --> 01:22:45.720] When it comes to civil, you have to be an injured party. [01:22:45.720 --> 01:22:48.720] That's what I was saying earlier. Yeah, okay. [01:22:48.720 --> 01:22:56.720] So if this petition is based off of these statements that are not even verified [01:22:56.720 --> 01:23:01.720] and they don't actually claim any injury, [01:23:01.720 --> 01:23:06.720] that's where they have no subject matter jurisdiction, right? [01:23:06.720 --> 01:23:12.720] Right. They have failed to invoke the jurisdiction of the court. [01:23:12.720 --> 01:23:19.720] Okay. If the statements are not verified, then the court can't see them. [01:23:19.720 --> 01:23:20.720] Yeah. [01:23:20.720 --> 01:23:23.720] So that would go to summary judgment. [01:23:23.720 --> 01:23:27.720] Is there anyone who's made a statement? [01:23:27.720 --> 01:23:34.720] Oh, is the original pleading verified? [01:23:34.720 --> 01:23:41.720] It's signed by the liar on record. [01:23:41.720 --> 01:23:49.720] No, no, no. Does it have a notary stamp on it? [01:23:49.720 --> 01:23:52.720] I don't know. I don't know. [01:23:52.720 --> 01:23:59.720] That is critical. If it's not verified, it's not before the court. [01:23:59.720 --> 01:24:04.720] But then again, that only matters if you challenge it. [01:24:04.720 --> 01:24:14.720] And if you challenge it, all they have to do is ask the clerk to take an oath [01:24:14.720 --> 01:24:17.720] and you can sign it in front of the clerk. [01:24:17.720 --> 01:24:21.720] I filed 51 criminal complaints with the judge once and that's what he did. [01:24:21.720 --> 01:24:27.720] He had the clerk take my oath on each one and she signed it. [01:24:27.720 --> 01:24:30.720] Or you can take it to a notary. [01:24:30.720 --> 01:24:36.720] The original petition, if it's not notarized, it can be fixed. [01:24:36.720 --> 01:24:39.720] Anytime you file a document that's notarized [01:24:39.720 --> 01:24:44.720] and the other party complains about it, you can get it, you can fix it. [01:24:44.720 --> 01:24:50.720] Unless you're out of time, like in the case in Victoria County [01:24:50.720 --> 01:24:54.720] where he has 21 days to answer the original pleading, [01:24:54.720 --> 01:24:57.720] he answered with a subject matter jurisdiction challenge [01:24:57.720 --> 01:25:02.720] because that stops the clock. [01:25:02.720 --> 01:25:06.720] But since it wasn't a proper subject matter jurisdiction challenge, [01:25:06.720 --> 01:25:11.720] I'm maintaining the clock did not stop. [01:25:11.720 --> 01:25:21.720] And since it wasn't verified, the clock's already run out, now you can't fix it. [01:25:21.720 --> 01:25:24.720] Does that make sense? [01:25:24.720 --> 01:25:28.720] Yeah, that makes sense, but I'm in this weird... [01:25:28.720 --> 01:25:30.720] Look at it real close. [01:25:30.720 --> 01:25:34.720] This is the part that gets to be fun. [01:25:34.720 --> 01:25:39.720] Now you're matching wits with these jackleg attorneys. [01:25:39.720 --> 01:25:43.720] These attorneys filed suit against you, [01:25:43.720 --> 01:25:48.720] filed a bunch of affidavits that were not verified. [01:25:48.720 --> 01:25:51.720] Were they asleep or something? [01:25:51.720 --> 01:25:55.720] I mean, duh. [01:25:55.720 --> 01:25:58.720] You know, would you call that frivolous? [01:25:58.720 --> 01:26:02.720] Maybe they need to get a motion for sanctions, frivolous pleadings. [01:26:02.720 --> 01:26:07.720] Exactly, unverified original pleading. [01:26:07.720 --> 01:26:12.720] If you've got O'Connors from Texas, in the section on pleadings, [01:26:12.720 --> 01:26:19.720] it says pleadings must be verified, and it calls two things pleadings, [01:26:19.720 --> 01:26:24.720] original petition and the answer to the original petition. [01:26:24.720 --> 01:26:29.720] And then any document that contains a statement of fact [01:26:29.720 --> 01:26:35.720] that is not already before the court, it must be verified. [01:26:35.720 --> 01:26:42.720] But the rule is, if there is any question at all, verified, [01:26:42.720 --> 01:26:51.720] if you verify a document that doesn't need to be verified, no harm, no foul. [01:26:51.720 --> 01:27:01.720] But if you don't, like this lawyer didn't verify the subject matter jurisdiction challenge, [01:27:01.720 --> 01:27:09.720] that was an oops, because subject matter jurisdiction challenge didn't have to be verified. [01:27:09.720 --> 01:27:17.720] But he should have verified it anyway, because we're trying to say it wasn't what he said it was. [01:27:17.720 --> 01:27:23.720] So any time you have any doubt, verify it. [01:27:23.720 --> 01:27:25.720] That makes sense. [01:27:25.720 --> 01:27:31.720] Okay, now we're looking at jurisdiction on a civil action. [01:27:31.720 --> 01:27:42.720] Did the civil complaint make a claim that if all facts were taken as true, [01:27:42.720 --> 01:27:48.720] would give you a valid claim? [01:27:48.720 --> 01:27:52.720] Would give them a valid claim? [01:27:52.720 --> 01:27:59.720] No, again, they don't have any facts, as far as I understand. [01:27:59.720 --> 01:28:07.720] That's another, okay, they have no facts because their affidavits aren't before the court. [01:28:07.720 --> 01:28:15.720] Well, if they take their original petition, and within the four corners of that document, [01:28:15.720 --> 01:28:23.720] does it claim facts amounting to some charge? [01:28:23.720 --> 01:28:26.720] What's the cause of action? [01:28:26.720 --> 01:28:32.720] Well, it's a restraining order, basically. [01:28:32.720 --> 01:28:40.720] They checked all the boxes, harassment, assault, like every box. [01:28:40.720 --> 01:28:45.720] Threats of violence, like things that never occurred that... [01:28:45.720 --> 01:28:47.720] They don't have any facts to go with that. [01:28:47.720 --> 01:28:56.720] Which is what I can tell is a violation of a code of procedure. [01:28:56.720 --> 01:28:59.720] Okay, we've already spoke to that. [01:28:59.720 --> 01:29:02.720] You have grounds for challenging it. [01:29:02.720 --> 01:29:09.720] If their affidavits were verified and you took all the facts in the affidavit as true, [01:29:09.720 --> 01:29:12.720] would that be enough to give them a claim? [01:29:12.720 --> 01:29:16.720] No, I don't think so. [01:29:16.720 --> 01:29:24.720] Because the affidavits don't, they don't support the petition, basically. [01:29:24.720 --> 01:29:30.720] So if the affidavits weren't sufficient, even if all the affidavits were taken as true, [01:29:30.720 --> 01:29:32.720] it wouldn't be enough to give them a claim. [01:29:32.720 --> 01:29:36.720] Then you filed a motion to dismiss Faber's state of claim. [01:29:36.720 --> 01:29:43.720] Hang on, hang on, Randy Kelton, Brett Fountain, Wheel of Law Radio. [01:29:43.720 --> 01:29:46.720] I'm now going to go out to call in board. [01:29:46.720 --> 01:29:49.720] We've got two segments, three people. [01:29:49.720 --> 01:29:52.720] We'll be right back. [01:29:52.720 --> 01:30:15.720] In about ten seconds. [01:30:15.720 --> 01:30:44.720] Privacy is under attack. [01:30:44.720 --> 01:30:48.720] Governance loves power, so it's only naturally they want to control the power [01:30:48.720 --> 01:30:51.720] going into your home, too, with the smart grid. [01:30:51.720 --> 01:30:54.720] So they're installing a national network of smart meters [01:30:54.720 --> 01:30:58.720] to remotely monitor electric use for efficiency and avoid grid failure. [01:30:58.720 --> 01:31:02.720] But the cybersecurity expert David Chalk says not so fast. [01:31:02.720 --> 01:31:05.720] If we make the national power grid controllable through the web, [01:31:05.720 --> 01:31:07.720] hackers will have a field day. [01:31:07.720 --> 01:31:11.720] Working remotely, they could tap in and blackout the entire nation, [01:31:11.720 --> 01:31:14.720] leaving us vulnerable to our enemies. [01:31:14.720 --> 01:31:18.720] I will oppose smart meters for privacy and health reasons, [01:31:18.720 --> 01:31:21.720] but catastrophic failures caused by hackers? [01:31:21.720 --> 01:31:23.720] There's nothing smart about that. [01:31:23.720 --> 01:31:26.720] I'm Dr. Catherine Albrecht for SouthernPh.com, [01:31:26.720 --> 01:31:30.720] the world's most private search engine. [01:31:30.720 --> 01:31:36.720] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:31:36.720 --> 01:31:41.720] The government says the fire has brought it down. [01:31:41.720 --> 01:31:43.720] However, 1,500 architects and engineers concluded it was a controlled network. [01:31:43.720 --> 01:31:46.720] Over 6,000 of my fellow service members have given their lives. [01:31:46.720 --> 01:31:49.720] 5,000 of my fellow forces are on the line. [01:31:49.720 --> 01:31:51.720] I'm not a conspiracy theorist. [01:31:51.720 --> 01:31:53.720] I'm a New York City correction officer. [01:31:53.720 --> 01:31:54.720] I'm an Air Force pilot. [01:31:54.720 --> 01:31:56.720] I'm a father who lost his son. [01:31:56.720 --> 01:31:58.720] We're Americans, and we deserve to be heard. [01:31:58.720 --> 01:32:01.720] Go to RememberBuilding7.org today. [01:32:01.720 --> 01:32:06.720] Rule of Law Radio is proud to offer rule of law track system. [01:32:06.720 --> 01:32:08.720] Today's America lives in us and in the society. [01:32:08.720 --> 01:32:10.720] It may be easy for everyone to have a free side, [01:32:10.720 --> 01:32:13.720] but everyone can have a stand and join our own rights. [01:32:13.720 --> 01:32:16.720] Among those rights are right to travel freely, place a place, [01:32:16.720 --> 01:32:18.720] right to act in our own right, fast speed, and most importantly, [01:32:18.720 --> 01:32:20.720] right to do processes. [01:32:20.720 --> 01:32:26.720] Directly work with us to lease events and opportunities to learn how to enforce and preserve our rights through due processes. [01:32:26.720 --> 01:32:29.720] We're clear as day to be a great conjunction with Rule of Law Radio [01:32:29.720 --> 01:32:33.720] to put together the most comprehensive teaching tool available to help you understand what new processes [01:32:33.720 --> 01:32:35.720] and how the rule works through rule of law. [01:32:35.720 --> 01:32:39.720] You can get your own copy of this valuable material by going to rulelawradio.com [01:32:39.720 --> 01:32:41.720] and ordering your copy today. [01:32:41.720 --> 01:32:44.720] By ordering now, you will receive a copy of any book, text, or presentation, [01:32:44.720 --> 01:32:48.720] from the law or personal law, video, and audio of the original 1,007, [01:32:48.720 --> 01:32:51.720] 100 research documents, other use resources, or materials. [01:32:51.720 --> 01:32:55.720] Learn about a fight for your rights to help this material through rulelawradio.com. [01:32:55.720 --> 01:32:56.720] Order your copy today. [01:32:56.720 --> 01:32:58.720] Together we can have a free side. [01:32:58.720 --> 01:33:00.720] We don't want to be underserved. [01:33:28.720 --> 01:33:52.720] Okay, Jason, have you emailed me their petition? [01:33:52.720 --> 01:33:54.720] I have not. [01:33:54.720 --> 01:33:58.720] Email it to me. Let me look at it and I'll give you some suggestions. [01:33:58.720 --> 01:34:01.720] That would be incredible. [01:34:01.720 --> 01:34:04.720] This is the fun part. [01:34:04.720 --> 01:34:06.720] It would be fun. [01:34:06.720 --> 01:34:09.720] It's like playing chess. [01:34:09.720 --> 01:34:11.720] Right. [01:34:11.720 --> 01:34:13.720] Right. [01:34:13.720 --> 01:34:15.720] I'm still learning. [01:34:15.720 --> 01:34:17.720] Oh, you're going to have great fun here. [01:34:17.720 --> 01:34:19.720] They started this fight. [01:34:19.720 --> 01:34:20.720] Yeah. [01:34:20.720 --> 01:34:24.720] They kicked this soap box up under your feet. [01:34:24.720 --> 01:34:26.720] Now you get to jump squarely on it. [01:34:26.720 --> 01:34:30.720] And the first thing you want to do is bar-grieve the lawyers. [01:34:30.720 --> 01:34:33.720] That'll give them apoplexy. [01:34:33.720 --> 01:34:34.720] Yeah, I told you. [01:34:34.720 --> 01:34:40.720] I bar-grieved them both, and one of them, I entered it into the case. [01:34:40.720 --> 01:34:42.720] Good. [01:34:42.720 --> 01:34:44.720] A copy of it. [01:34:44.720 --> 01:34:49.720] That was your shot across the bow. [01:34:49.720 --> 01:34:54.720] If you guys want to mess with me, I'll make you pay. [01:34:54.720 --> 01:34:58.720] Yeah, there's going to be more coming their way. [01:34:58.720 --> 01:35:03.720] And any of those affidavits that were untrue? [01:35:03.720 --> 01:35:07.720] Yeah, all of them. [01:35:07.720 --> 01:35:10.720] You need to look at the ones that are... [01:35:10.720 --> 01:35:16.720] Do you have any that are obviously and patently untrue on their face? [01:35:16.720 --> 01:35:19.720] You don't even have to review the video footage or anything. [01:35:19.720 --> 01:35:22.720] You can just look at it and tell it's false? [01:35:22.720 --> 01:35:25.720] No, they're not written like that. [01:35:25.720 --> 01:35:29.720] I mean, they're kind of just stories. [01:35:29.720 --> 01:35:32.720] And a lot of hearsay and a lot of... [01:35:32.720 --> 01:35:38.720] And quoting me, they quote me saying things that I never said. [01:35:38.720 --> 01:35:42.720] Okay, do they have video of most of this? [01:35:42.720 --> 01:35:44.720] Do they have security footage? [01:35:44.720 --> 01:35:46.720] Yeah, well, I don't know what they have. [01:35:46.720 --> 01:35:52.720] I have a lot of video of most everything. [01:35:52.720 --> 01:36:00.720] Okay, then get me the pleadings and the affidavits, [01:36:00.720 --> 01:36:01.720] and I'll go through them. [01:36:01.720 --> 01:36:04.720] I'll give you some suggestions. [01:36:04.720 --> 01:36:05.720] Sure, okay. [01:36:05.720 --> 01:36:09.720] That would be really, really awesome. [01:36:09.720 --> 01:36:10.720] Then we start going after them. [01:36:10.720 --> 01:36:15.720] Everywhere we can look at the... You have videos of most of this? [01:36:15.720 --> 01:36:16.720] Yeah. [01:36:16.720 --> 01:36:20.720] So everywhere we don't tell them you've got videos. [01:36:20.720 --> 01:36:21.720] I already told them. [01:36:21.720 --> 01:36:23.720] I already gave them transcripts. [01:36:23.720 --> 01:36:25.720] Oh, no, he's got videos. [01:36:25.720 --> 01:36:27.720] That's what they're so upset about. [01:36:27.720 --> 01:36:28.720] Too late for that. [01:36:28.720 --> 01:36:30.720] They don't want to be on video. [01:36:30.720 --> 01:36:36.720] So we take the video and the transcript and the affidavits and compare them, [01:36:36.720 --> 01:36:44.720] and anywhere the affidavits are incorrect, we wait until we get verified copies. [01:36:44.720 --> 01:36:50.720] You snooker them into verifying the documents by complaining about no verification, [01:36:50.720 --> 01:36:52.720] and then they'll fix that. [01:36:52.720 --> 01:36:58.720] And once they fix it, then you go after them aggravated assault. [01:36:58.720 --> 01:37:00.720] Aggravated perjury. [01:37:00.720 --> 01:37:01.720] I'm sorry. [01:37:01.720 --> 01:37:02.720] Brain dead. [01:37:02.720 --> 01:37:03.720] Aggravated perjury. [01:37:03.720 --> 01:37:12.720] And you charge the lawyers with concert and collusion. [01:37:12.720 --> 01:37:17.720] It just seems so strange that these people would be willing to write out all these lies [01:37:17.720 --> 01:37:24.720] when the very problem that they're complaining about is that it's all recorded. [01:37:24.720 --> 01:37:25.720] It is interesting. [01:37:25.720 --> 01:37:31.720] But this is the thing, because none of them are signed under penalty of perjury, [01:37:31.720 --> 01:37:34.720] maybe that's why they... [01:37:34.720 --> 01:37:39.720] Yeah, well, they're about to find out that that means it's not before the court yet. [01:37:39.720 --> 01:37:45.720] Now you force them to do it under perjury, and if they change, [01:37:45.720 --> 01:37:50.720] then you go after the lawyers big time. [01:37:50.720 --> 01:37:51.720] There's all kind of stuff. [01:37:51.720 --> 01:37:54.720] You can countersue them for malpractice. [01:37:54.720 --> 01:37:57.720] You can countersue Trader Joe's for filing a frivolous pleading. [01:37:57.720 --> 01:37:59.720] There's all kind of cool stuff you can do. [01:37:59.720 --> 01:38:01.720] Send us the documents. [01:38:01.720 --> 01:38:03.720] Let me have a look at it, and I'll give you some suggestions. [01:38:03.720 --> 01:38:05.720] We'll talk about this next week. [01:38:05.720 --> 01:38:08.720] What email should I send? [01:38:08.720 --> 01:38:15.720] Randy at ruleoflawradio.com. [01:38:15.720 --> 01:38:17.720] All right. [01:38:17.720 --> 01:38:18.720] Thank you. [01:38:18.720 --> 01:38:22.720] So, yeah, hearings on Monday. [01:38:22.720 --> 01:38:29.720] And so whatever I do, I'm going to get it together by Monday. [01:38:29.720 --> 01:38:30.720] Okay. [01:38:30.720 --> 01:38:31.720] Get that to me. [01:38:31.720 --> 01:38:33.720] I'll look at it in the morning. [01:38:33.720 --> 01:38:34.720] Thank you, guys. [01:38:34.720 --> 01:38:35.720] Thank both of you. [01:38:35.720 --> 01:38:37.720] You guys are awesome. [01:38:37.720 --> 01:38:40.720] I will let the line go for other people. [01:38:40.720 --> 01:38:41.720] Okay. [01:38:41.720 --> 01:38:42.720] Thank you, Jason. [01:38:42.720 --> 01:38:44.720] Now we're going to E.J. in California. [01:38:44.720 --> 01:38:52.720] E.J., you had another, you had a little problem, you had some more questions for us. [01:38:52.720 --> 01:38:54.720] Yes. [01:38:54.720 --> 01:38:59.720] So the second defendant got served a week ago. [01:38:59.720 --> 01:39:05.720] So how does this come into play with the summary judgment? [01:39:05.720 --> 01:39:10.720] It depends on the nature of your claim. [01:39:10.720 --> 01:39:15.720] If you have a defendant that wasn't served, the clock stops. [01:39:15.720 --> 01:39:18.720] They have an opportunity to respond. [01:39:18.720 --> 01:39:26.720] If your summary judgment goes to something that affects the unserved defendant, [01:39:26.720 --> 01:39:38.720] then the summary judgment is no longer appropriate until the other party has had time to answer. [01:39:38.720 --> 01:39:42.720] So the summary judgment is coming up on the 22nd. [01:39:42.720 --> 01:39:49.720] So most likely the, it's going to be another retired judge, by the way, that will be hearing this. [01:39:49.720 --> 01:39:50.720] Okay. [01:39:50.720 --> 01:39:51.720] Wait a minute. [01:39:51.720 --> 01:39:52.720] There can't be summary judgment. [01:39:52.720 --> 01:39:53.720] Oh, wait. [01:39:53.720 --> 01:39:56.720] Did they file for summary judgment against you? [01:39:56.720 --> 01:39:58.720] No, the other way around. [01:39:58.720 --> 01:39:59.720] Okay. [01:39:59.720 --> 01:40:05.720] There can't be one because you have a party that wasn't served and wasn't properly filed. [01:40:05.720 --> 01:40:14.720] It didn't have opportunity to respond, so you need to move the court to stay the hearing until the unserved [01:40:14.720 --> 01:40:18.720] or to the currently served party has time to respond. [01:40:18.720 --> 01:40:25.720] Well, will their time be up by the 22nd? [01:40:25.720 --> 01:40:26.720] No. [01:40:26.720 --> 01:40:34.720] They were served, let's see, a week and a half, so it's going to be, let me see. [01:40:34.720 --> 01:40:36.720] That's pretty close. [01:40:36.720 --> 01:40:41.720] Generally the Monday after the 20th day. [01:40:41.720 --> 01:40:46.720] That'll be pretty close if it was about 10 days ago that you're looking at. [01:40:46.720 --> 01:40:48.720] That's right about then. [01:40:48.720 --> 01:40:54.720] You might have to give it out and calculate it. [01:40:54.720 --> 01:40:58.720] If they get to the 22nd. [01:40:58.720 --> 01:41:01.720] You said they were filed last Monday? [01:41:01.720 --> 01:41:05.720] Last Monday was the first. [01:41:05.720 --> 01:41:08.720] And the hearing, what day is the hearing? [01:41:08.720 --> 01:41:13.720] On the 22nd. [01:41:13.720 --> 01:41:17.720] What does it say in California? [01:41:17.720 --> 01:41:22.720] Does it say the Monday after the 20th day? [01:41:22.720 --> 01:41:23.720] I have to look it up. [01:41:23.720 --> 01:41:25.720] I'm sorry. [01:41:25.720 --> 01:41:32.720] Because if it says that, then the Monday after the 20th day will be the 22nd. [01:41:32.720 --> 01:41:39.720] That is the day that there is a date. [01:41:39.720 --> 01:41:42.720] Let them raise the issue. [01:41:42.720 --> 01:41:45.720] At the summary judgment? [01:41:45.720 --> 01:41:46.720] Yes. [01:41:46.720 --> 01:41:47.720] Okay. [01:41:47.720 --> 01:42:01.720] So at this point, the motion for a stay, I've already calendared it, but that's in October. [01:42:01.720 --> 01:42:06.720] So should I do an ex parte, move it up, try to move it up? [01:42:06.720 --> 01:42:08.720] It's on the calendar. [01:42:08.720 --> 01:42:12.720] You asked for summary judgment. [01:42:12.720 --> 01:42:17.720] If they want it moved up, let them do it. [01:42:17.720 --> 01:42:21.720] Okay. [01:42:21.720 --> 01:42:27.720] I have to get ready for default because, you know, I missed my chance. [01:42:27.720 --> 01:42:32.720] But I already had an amended complaint, so default would probably not qualify. [01:42:32.720 --> 01:42:36.720] Second question, Randy and Brett. [01:42:36.720 --> 01:42:44.720] Okay, so I did a reply. [01:42:44.720 --> 01:42:48.720] E.J., we kind of lost you there, unless you accidentally muted yourself. [01:42:48.720 --> 01:42:49.720] No, we lost her. [01:42:49.720 --> 01:42:50.720] She dropped. [01:42:50.720 --> 01:42:51.720] No, no, she didn't. [01:42:51.720 --> 01:42:52.720] There she is. [01:42:52.720 --> 01:42:53.720] Still on the board. [01:42:53.720 --> 01:42:54.720] There she is. [01:42:54.720 --> 01:42:58.720] Are you there, E.J.? [01:42:58.720 --> 01:43:00.720] E.J., we can't hear you. [01:43:00.720 --> 01:43:04.720] You might need to hit mute. [01:43:04.720 --> 01:43:06.720] I don't know how to do that. [01:43:06.720 --> 01:43:08.720] Sometimes I'll hit the button with my cheek. [01:43:08.720 --> 01:43:10.720] Okay, we have one more caller. [01:43:10.720 --> 01:43:14.720] Let's go to the caller while E.J.'s trying to get her system back up. [01:43:14.720 --> 01:43:22.720] Rick in California, what do you have for us today? [01:43:22.720 --> 01:43:27.720] Hello, Rick. [01:43:27.720 --> 01:43:32.720] It looks like we might have put Rick to sleep. [01:43:32.720 --> 01:43:34.720] Okay, back up to E.J. [01:43:34.720 --> 01:43:38.720] E.J., are you there? [01:43:38.720 --> 01:43:44.720] E.J., if you can hear me, hang up and call back. [01:43:44.720 --> 01:43:45.720] Same with Rick. [01:43:45.720 --> 01:43:49.720] Looks like she just dropped off, so she must have heard you. [01:43:49.720 --> 01:43:50.720] Okay, good. [01:43:50.720 --> 01:43:53.720] And we're just about to go to sponsors. [01:43:53.720 --> 01:43:55.720] We'll pick her up on the other side. [01:43:55.720 --> 01:44:00.720] We'll be right back. [01:44:00.720 --> 01:44:04.720] Through advances in technology, our lives have greatly improved, [01:44:04.720 --> 01:44:06.720] except in the area of nutrition. [01:44:06.720 --> 01:44:09.720] People feed their pets better than they feed themselves, [01:44:09.720 --> 01:44:11.720] and it's time we changed all that. [01:44:11.720 --> 01:44:15.720] Our primary defense against aging and disease in this toxic environment [01:44:15.720 --> 01:44:17.720] is good nutrition. 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[01:45:36.720 --> 01:45:40.720] Even if you're not in a lawsuit, you can learn what everyone should understand [01:45:40.720 --> 01:45:45.720] about the principles and practices that control our American course. [01:45:45.720 --> 01:45:49.720] You'll receive our audio classroom, video seminar, tutorials, [01:45:49.720 --> 01:45:54.720] forms for facilitation, pro-stay tactics, and much more. [01:45:54.720 --> 01:45:58.720] Please visit www.movealongradio.com and click on the banner [01:45:58.720 --> 01:46:03.720] for a toll-free 866-LAW-EASY. [01:46:03.720 --> 01:46:08.720] ... [01:46:08.720 --> 01:46:13.720] ... [01:46:13.720 --> 01:46:18.720] ... [01:46:18.720 --> 01:46:23.720] ... [01:46:23.720 --> 01:46:28.720] ... [01:46:28.720 --> 01:46:49.080] Okay, we are back, Randy Kelton, Brett Fountain, Wuvla Radio, and it looks like we lost EJ, [01:46:49.080 --> 01:46:51.720] crashed out, and we don't seem to have Rick. [01:46:51.720 --> 01:46:55.960] Rick, are you there? [01:46:55.960 --> 01:46:58.440] It looks like we don't have Rick either. [01:46:58.440 --> 01:47:10.880] Hello, I want, oh, EJ came back, okay, hello EJ, EJ are you there? [01:47:10.880 --> 01:47:14.560] We see you, but we don't hear you. [01:47:14.560 --> 01:47:16.360] I don't see her on the board. [01:47:16.360 --> 01:47:22.720] Yeah, refresh, I see her underneath Rick, oh, I don't see her on the board anymore, [01:47:22.720 --> 01:47:26.320] okay, looks like she dropped back off again, okay. [01:47:26.320 --> 01:47:33.960] That's okay, because I wanted to talk about this lawsuit that you're filing. [01:47:33.960 --> 01:47:40.320] The one that I wanted to file today, or yesterday, or the one that I am going to file because [01:47:40.320 --> 01:47:42.120] they wouldn't let me file yesterday. [01:47:42.120 --> 01:47:45.280] Let's do the one you were going to file. [01:47:45.280 --> 01:47:50.840] All right, well, it is, it's a lot of issues. [01:47:50.840 --> 01:48:02.320] It's all federal rights violations and they all line up in these racketeering crimes. [01:48:02.320 --> 01:48:10.720] They are, it's mostly a 1983 suit because I've got state actors that are violating rights [01:48:10.720 --> 01:48:13.400] and they're doing it as a pattern, as a practice. [01:48:13.400 --> 01:48:14.400] This is their protocol. [01:48:14.400 --> 01:48:21.320] They're following protocol and doing everything according to the policy of their office, like [01:48:21.320 --> 01:48:26.760] they've been told to do their job, so-called job. [01:48:26.760 --> 01:48:35.480] I started out with one very specific targeted issue, which was the prosecutor's office. [01:48:35.480 --> 01:48:40.800] Often, I mean, we have a district attorney or a county attorney that all hire a, they [01:48:40.800 --> 01:48:47.880] will hire a peace officer to work in their office and you know how they will just go [01:48:47.880 --> 01:48:55.760] and help themselves to your sensitive, private, we call it PII, personal identifying information. [01:48:55.760 --> 01:49:00.360] It's sensitive, it's personal, nobody is going to be able to get to that information. [01:49:00.360 --> 01:49:02.960] If I try to go with a records request, they won't let me have it. [01:49:02.960 --> 01:49:06.040] This is, they'll redact it. [01:49:06.040 --> 01:49:10.240] For my confidentiality, they will keep it from the public. [01:49:10.240 --> 01:49:15.120] But the prosecutor will hire this peace officer and he comes in there with his special government [01:49:15.120 --> 01:49:23.080] systems and access and he will misuse those systems and access to perform what's contrary [01:49:23.080 --> 01:49:25.640] to the fourth amendment. [01:49:25.640 --> 01:49:30.200] He will, without a warrant, go in there and just help himself to whatever information [01:49:30.200 --> 01:49:31.200] he wants. [01:49:31.200 --> 01:49:32.200] Then he will turn around. [01:49:32.200 --> 01:49:38.640] After he seized that information unlawfully, he will pivot to an unlawful search. [01:49:38.640 --> 01:49:44.720] He'll turn around and start plugging your information into some, do a digital deep dive [01:49:44.720 --> 01:49:50.960] into your privacy and see if he can figure out anything he wants to accuse you of. [01:49:50.960 --> 01:49:56.960] He doesn't have a warrant, he doesn't, there's no crime, no nothing, he's just going fishing. [01:49:56.960 --> 01:50:03.920] And that was the target of my smaller lawsuit. [01:50:03.920 --> 01:50:09.320] Well, actually also the first amendment forced association, that was another piece that was [01:50:09.320 --> 01:50:10.320] in there. [01:50:10.320 --> 01:50:15.040] Because the reason he does all of this is so that he can force us, but the subject of [01:50:15.040 --> 01:50:21.920] his unlawful searches, he can force us into associating with the county court where that [01:50:21.920 --> 01:50:26.200] particular prosecutor, his boss, is going to be paid to litigate it. [01:50:26.200 --> 01:50:28.480] So that's barritory and that's fraud. [01:50:28.480 --> 01:50:32.680] Well, so that was my target. [01:50:32.680 --> 01:50:40.000] Then I had a guy in Florida says, you know what, no, it's too focused, it's too tiny. [01:50:40.000 --> 01:50:42.880] You do that, they won't let you really address any of the other issues. [01:50:42.880 --> 01:50:45.680] You didn't even go after transportation, what's the matter with you? [01:50:45.680 --> 01:50:49.920] I don't want this thing to blow up into crazy proportions. [01:50:49.920 --> 01:50:55.960] I want it to be something bite-sized, manageable, targeted, and he goes, no, no, don't do that. [01:50:55.960 --> 01:50:56.960] Make it huge. [01:50:56.960 --> 01:50:59.680] Go bring all the issues. [01:50:59.680 --> 01:51:03.000] So I'm bringing all the issues. [01:51:03.000 --> 01:51:09.120] I'm dealing with transportation, how the cop didn't have any authority to enforce the transportation [01:51:09.120 --> 01:51:18.160] code, and transportation on the other side, where my activity is not in that regulatory [01:51:18.160 --> 01:51:19.160] scheme. [01:51:19.160 --> 01:51:23.080] But of course, he would have known that if he would have gone to his training, which [01:51:23.080 --> 01:51:28.840] his company is not even eligible to send him to, because of those strict requirements, [01:51:28.840 --> 01:51:35.120] you have to be a municipality within X number of miles of a seaport, or an airport, or international [01:51:35.120 --> 01:51:42.720] airport, and it has to be next to bordering a county that has X number of people in population. [01:51:42.720 --> 01:51:50.160] All these crazy little bitty stringent requirements that his company doesn't even meet those requirements. [01:51:50.160 --> 01:51:54.440] Can't even send him to training to get authorized to enforce transportation code. [01:51:54.440 --> 01:51:55.440] All these different things. [01:51:55.440 --> 01:51:59.240] So bringing the issues and examining trials. [01:51:59.240 --> 01:52:04.280] Everybody wants to skip ahead and not give me a determination of probable cause. [01:52:04.280 --> 01:52:08.360] They want to just start with the part where you collect the money. [01:52:08.360 --> 01:52:12.160] And I'm saying no, and bringing that issue as well. [01:52:12.160 --> 01:52:17.400] Bringing lots of issues and how they are specifically mapped. [01:52:17.400 --> 01:52:21.840] Each one of these issues is mapped directly over to a federal rights deprivation. [01:52:21.840 --> 01:52:27.080] So I can say, when they did this, it violated my fifth amendment. [01:52:27.080 --> 01:52:29.520] When they did this, it violated my fourth amendment. [01:52:29.520 --> 01:52:34.240] When they did that, it violated my 14th amendment. [01:52:34.240 --> 01:52:36.200] And I lined it all up like that. [01:52:36.200 --> 01:52:45.280] I've got 142 counts, Randy, of how Texas is messed up. [01:52:45.280 --> 01:52:49.960] You know, it's really- Only 142? [01:52:49.960 --> 01:52:53.720] Yes. [01:52:53.720 --> 01:53:01.240] And the shenanigans of this district judge yesterday push 12 of those counts past the [01:53:01.240 --> 01:53:03.320] statute of limitations. [01:53:03.320 --> 01:53:10.720] So the first 12 might actually get sliced off of there and I'll have only 130 counts. [01:53:10.720 --> 01:53:16.840] But I'm still going to leave them there and just see if they will raise that issue. [01:53:16.840 --> 01:53:18.760] I'm not going to take it out myself. [01:53:18.760 --> 01:53:20.720] It's part of painting the picture of what they do wrong. [01:53:20.720 --> 01:53:24.240] Because it's the same thing that these cops do every day. [01:53:24.240 --> 01:53:29.920] What a peace officer working for the DA, the district attorney, it's the same thing that [01:53:29.920 --> 01:53:36.280] happens when a cop hits his reds and blues and forces you off the road. [01:53:36.280 --> 01:53:41.080] And then by his intimidation tactics, he does the same thing. [01:53:41.080 --> 01:53:47.480] He helps himself to your PII, your personal identifying information that he would otherwise [01:53:47.480 --> 01:53:49.000] have no access to. [01:53:49.000 --> 01:53:53.880] If he hadn't hit the lights and pulled you over, pretend like there's an emergency and [01:53:53.880 --> 01:54:00.880] then make you produce evidence against yourself, he wouldn't have any of that. [01:54:00.880 --> 01:54:06.720] And then he turns around, he takes that info that he didn't have any right to, no warrant, [01:54:06.720 --> 01:54:07.720] no nothing. [01:54:07.720 --> 01:54:11.780] He runs back to his cruiser, starts typing stuff in or swiping the card and now he's [01:54:11.780 --> 01:54:14.520] doing digital search without a warrant. [01:54:14.520 --> 01:54:17.280] He's going to see if he can find something. [01:54:17.280 --> 01:54:21.840] Oh, it looks like this guy had a warrant out for his arrest or whatever he wants to figure [01:54:21.840 --> 01:54:24.560] out what he can find. [01:54:24.560 --> 01:54:29.000] And then he's going to accuse you of whatever he feels like that he found that was fruit [01:54:29.000 --> 01:54:30.880] of the poison tree. [01:54:30.880 --> 01:54:33.320] He didn't have access to any of this before. [01:54:33.320 --> 01:54:36.760] He didn't know whatever it was he wanted to accuse you of. [01:54:36.760 --> 01:54:40.680] Oh, it's been more than 30 days since you've moved to this place. [01:54:40.680 --> 01:54:47.880] So, now I get to accuse you of not updating your registration address or something. [01:54:47.880 --> 01:54:50.520] And he didn't have that before he started bothering you. [01:54:50.520 --> 01:54:54.320] He found out afterwards because he violated your rights. [01:54:54.320 --> 01:54:56.800] So it happens every day. [01:54:56.800 --> 01:55:03.200] And every one of these peace officers, every action they take is in a violation of one [01:55:03.200 --> 01:55:06.840] of these federally protected rights. [01:55:06.840 --> 01:55:11.760] And then they spin all of that into forced association. [01:55:11.760 --> 01:55:17.360] When he gives you this notice to appear, he says, you're going to have to show up. [01:55:17.360 --> 01:55:21.680] So not only did he force you to associate with him when you pulled off into the parking [01:55:21.680 --> 01:55:29.720] lot to, you know, listen to him tell you what you're required to do and produce this document [01:55:29.720 --> 01:55:32.480] and compel you to give this evidence and the other. [01:55:32.480 --> 01:55:35.240] You didn't want to associate with him in the first place, but he's forcing you to sit in [01:55:35.240 --> 01:55:38.520] the parking lot while he does his thing. [01:55:38.520 --> 01:55:40.200] And then he does it again. [01:55:40.200 --> 01:55:44.320] When he's done, he's about to walk off, but instead he hands you this little piece of [01:55:44.320 --> 01:55:49.560] paper that says you're required to show up at his employer's, you know, the municipal [01:55:49.560 --> 01:55:55.040] court, whatever you're going to be forced to associate with them in one way or another. [01:55:55.040 --> 01:56:01.720] Now you might go down there and talk to the court clerk and figure out, oh, there's this [01:56:01.720 --> 01:56:02.720] and that. [01:56:02.720 --> 01:56:07.760] And maybe it'll all go away, but you did have to associate with them at least a little bit. [01:56:07.760 --> 01:56:12.160] You can't just, you know, blow it off and expect nothing to happen. [01:56:12.160 --> 01:56:15.920] They're going to call it failure to appear and, you know, treat you bad. [01:56:15.920 --> 01:56:20.680] So you're forced to associate and that's a violation of your federal right. [01:56:20.680 --> 01:56:23.400] Your first amendment, right. [01:56:23.400 --> 01:56:32.160] Your right to associate, Kalinsky, there's some face lock, Kalinsky, I forget, international [01:56:32.160 --> 01:56:42.040] law, and it says that your right to be secure from forced association is protected with [01:56:42.040 --> 01:56:46.360] the same force as your right to associate. [01:56:46.360 --> 01:56:58.200] So I'll be leaning on that for the freedom to be left alone. [01:56:58.200 --> 01:57:02.360] There's another quote I put in my suit about the freedom to be left alone. [01:57:02.360 --> 01:57:09.200] I think that was Olmstead and that was a good one too, saying that everybody needs to be [01:57:09.200 --> 01:57:10.200] left alone. [01:57:10.200 --> 01:57:15.720] That's the right most valued by civilized men. [01:57:15.720 --> 01:57:21.760] That just really resonated with me because honestly, that's mostly what anybody wants [01:57:21.760 --> 01:57:26.120] is just be left alone. [01:57:26.120 --> 01:57:31.400] I guess that paints a little bit for you what my suit's about. [01:57:31.400 --> 01:57:33.960] I like the left alone. [01:57:33.960 --> 01:57:40.560] I want to definitely want to read that case to go into court and the bailiff comes up [01:57:40.560 --> 01:57:44.760] and asked me what my business here is. [01:57:44.760 --> 01:57:46.760] And I want to tell them, beat it, beat it. [01:57:46.760 --> 01:57:50.680] If I need you, I'll summon you, get lost. [01:57:50.680 --> 01:57:59.360] And if they press the issue, like last week I went into our local JP's court because they [01:57:59.360 --> 01:58:03.560] were having the traffic hearings and the place was full of people. [01:58:03.560 --> 01:58:10.120] And I sat down, the bailiff recognized me immediately and he stood there giving me this [01:58:10.120 --> 01:58:16.080] sardonic smile for a while and then he went over and asked me if I had any business here. [01:58:16.080 --> 01:58:19.440] He asked me if I had signed in for the ticket thing. [01:58:19.440 --> 01:58:20.920] I said, no. [01:58:20.920 --> 01:58:23.120] Were you going to sign in? [01:58:23.120 --> 01:58:24.120] No. [01:58:24.120 --> 01:58:27.440] Mr. Kelton, do you mind if I ask why you're here? [01:58:27.440 --> 01:58:29.960] And he asked me real nice. [01:58:29.960 --> 01:58:31.880] So I said, no, I don't mind. [01:58:31.880 --> 01:58:32.880] I'm here for entertainment. [01:58:32.880 --> 01:58:36.480] And he looked at me like, I know you're lying. [01:58:36.480 --> 01:58:37.760] You're going to cause some trouble. [01:58:37.760 --> 01:58:38.760] And he was right. [01:58:38.760 --> 01:58:39.760] I did. [01:58:39.760 --> 01:58:41.320] But I'm out of time to talk about that part. [01:58:41.320 --> 01:58:42.320] Thank you all for listening. [01:58:42.320 --> 01:58:43.320] We'll be back next week. [01:58:43.320 --> 01:58:44.320] Randy Kelton, Brett Fountain. [01:58:44.320 --> 01:58:50.600] Good night. [01:58:50.600 --> 01:59:20.440] Good night. [01:59:20.840 --> 01:59:26.520] This translation is highly accurate and it comes with over 13,000 cross references, plus [01:59:26.520 --> 01:59:30.400] charts and maps and an outline for every book of the Bible. [01:59:30.400 --> 01:59:32.940] This is truly a Bible you can understand. [01:59:32.940 --> 01:59:41.340] To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102. [01:59:41.340 --> 01:59:49.340] 888-551-0102, or visit us online at bfa.org. [01:59:51.340 --> 01:59:54.340] Looking for some truth? You've found it! [01:59:54.340 --> 02:00:14.340] Visit us online at bfa.org.