[00:00.000 --> 00:05.840]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.840 --> 00:09.480]  They guarantee the specific freedoms Americans should know and protect.
[00:09.480 --> 00:10.920]  Our liberty depends on it.
[00:10.920 --> 00:14.900]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.900 --> 00:17.000]  your First Amendment rights.
[00:17.000 --> 00:18.600]  Privacy is under attack.
[00:18.600 --> 00:22.200]  When you give up data about yourself, you'll never get it back again.
[00:22.200 --> 00:26.960]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.960 --> 00:32.040]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.040 --> 00:34.720]  Privacy, it's worth hanging on to.
[00:34.720 --> 00:39.000]  This public service announcement is brought to you by Startpage.com, the private search
[00:39.000 --> 00:42.560]  engine alternative to Google, Yahoo, and Bing.
[00:42.560 --> 00:44.760]  Start over with Startpage.
[00:44.760 --> 00:47.840]  Spar, it's what fighters do.
[00:47.840 --> 00:50.800]  It's also how I remember the five guarantees of the First Amendment.
[00:50.800 --> 00:54.520]  If you plan to take away my rights, I'm going to spar with you.
[00:54.520 --> 01:01.640]  Spar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.640 --> 01:03.000]  and R for religion.
[01:03.000 --> 01:07.080]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.080 --> 01:10.560]  assembly, and religion, but petition for redress is another matter.
[01:10.560 --> 01:14.640]  We have the right to petition the government for a redress of grievances.
[01:14.640 --> 01:18.160]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.160 --> 01:20.840]  the reasons without fear of being thrown into jail.
[01:20.840 --> 01:31.160]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31.160 --> 01:34.800]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.800 --> 01:38.280]  They guarantee the specific freedoms Americans should know and protect.
[01:38.280 --> 01:39.680]  Our liberty depends on it.
[01:39.680 --> 01:43.640]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.640 --> 01:46.780]  one of your constitutional rights.
[01:46.780 --> 01:48.360]  Privacy is under attack.
[01:48.360 --> 01:52.760]  When you give up data about yourself, you'll never get it back again, and once your privacy
[01:52.760 --> 01:56.760]  is gone, you'll find your freedoms will start to vanish, too.
[01:56.760 --> 02:01.880]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.880 --> 02:04.520]  Privacy, it's worth hanging on to.
[02:04.520 --> 02:08.800]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.800 --> 02:12.320]  engine alternative to Google, Yahoo, and Bing.
[02:12.320 --> 02:15.920]  Start over with StartPage.
[02:15.920 --> 02:20.280]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.280 --> 02:22.360]  of Rights in a big old bear hug.
[02:22.360 --> 02:26.840]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.840 --> 02:30.680]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.680 --> 02:31.680]  Get it?
[02:31.680 --> 02:34.000]  Two arms, bear hug, bear arms?
[02:34.000 --> 02:37.600]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.600 --> 02:43.360]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.360 --> 02:47.880]  conduct, one more safeguard against the tyranny which now appears remote in America, but which
[02:47.880 --> 02:50.680]  historically has proved to always be possible.
[02:50.680 --> 02:52.480]  I'm Dr. Catherine Albrecht.
[02:52.480 --> 03:14.000]  More news and information at CatherineAlbrecht.com.
[03:14.000 --> 03:30.540]  Talk to you soon.
[03:30.540 --> 03:39.540]  We are originators, and the pathway seems to get straighter every day.
[03:39.540 --> 03:46.540]  And I can take anything that belongs to me and put it to good use.
[03:46.540 --> 03:53.540]  While I was good for the gander, I was gonna work for the booze.
[03:53.540 --> 04:00.540]  I know some hardcore cats, I know some engineers.
[04:00.540 --> 04:07.540]  They've seen the evidence, they know a certain thing's queer.
[04:07.540 --> 04:10.540]  And what's up with the blatant deception?
[04:10.540 --> 04:15.540]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, rule of our radio.
[04:15.540 --> 04:21.540]  On this Friday, the seventh day of October.
[04:21.540 --> 04:24.540]  Hey, you didn't even need any help.
[04:24.540 --> 04:31.540]  Well, I've got my calendar up, 2022, and we're talking to Jerry in Pennsylvania.
[04:31.540 --> 04:40.540]  Jerry, read that to us again a little bit slower, the statute on 12b6.
[04:40.540 --> 04:52.540]  Well, okay, rule 12 of the federal code is that defense an object.
[04:52.540 --> 04:59.540]  How we want to present motions, judgments on pleadings, consolidated motions, waivers,
[04:59.540 --> 05:02.540]  defense, and prepared hearing.
[05:02.540 --> 05:06.540]  Whole bunch of things, you know, that you can do with it.
[05:06.540 --> 05:12.540]  But the one thing that you guys keep talking about is the beef portrait.
[05:12.540 --> 05:15.540]  How to present a defense.
[05:15.540 --> 05:22.540]  So if you're presenting a defense, you can use lack of public matters jurisdiction.
[05:22.540 --> 05:29.540]  But the court, every time it comes back, like you said, and with me,
[05:29.540 --> 05:33.540]  I notice that every time I file with the court, they always give me the six.
[05:33.540 --> 05:39.540]  They state a claim upon which release can be granted.
[05:39.540 --> 05:45.540]  Now, the thing was that I didn't quite know how to answer them on that,
[05:45.540 --> 05:52.540]  because the only thing it says when you file is that you're supposed to give
[05:52.540 --> 05:55.540]  a rough idea of what happened.
[05:55.540 --> 05:59.540]  Like, you know, I was in an accident with a car.
[05:59.540 --> 06:01.540]  I didn't have a horse and buggy.
[06:01.540 --> 06:05.540]  It was an accident, and we were on a highway.
[06:05.540 --> 06:07.540]  We weren't in the back out.
[06:07.540 --> 06:09.540]  You know what I'm saying?
[06:09.540 --> 06:15.540]  That's the way it interprets to me on how to file your pleadings.
[06:15.540 --> 06:24.540]  And then you put, like, what really happened in your actual case pleading, right?
[06:24.540 --> 06:32.540]  Yes, and what the courts say is you have to state the facts of what occurred.
[06:32.540 --> 06:39.540]  And in a 12b6, the court must take all of your facts as if they were true,
[06:39.540 --> 06:42.540]  not prima facie, but true.
[06:42.540 --> 06:49.540]  If all of your facts are true, would you have a claim?
[06:49.540 --> 06:54.540]  And what the 12b6 objection always is is even if all your facts were stated as
[06:54.540 --> 06:56.540]  true, you still would not have a claim.
[06:56.540 --> 06:59.540]  That's the standard.
[06:59.540 --> 07:02.540]  Well, that's what it says in the case law here.
[07:02.540 --> 07:22.540]  It says whether the 1346 applies, which it stipulates that the 1346b says here that I can sue the United States.
[07:22.540 --> 07:29.540]  It has to be the United States and then put the people under it, like when you put it on your heading.
[07:29.540 --> 07:32.540]  And let me see here.
[07:32.540 --> 07:37.540]  If any damage is occurring for an injury or loss of property, first of all,
[07:37.540 --> 07:43.540]  and through the death of any employee of the government while acting within scope of his or her employment,
[07:43.540 --> 07:48.540]  under certain circumstances, will the United States, if a private decision,
[07:48.540 --> 07:56.540]  will be liable to the employment in accordance with the law or place where the act of the omission occurred?
[07:56.540 --> 08:01.540]  So this would give me the right to sue them.
[08:01.540 --> 08:14.540]  Now, I don't know how he would come up with, say, 12b1, which says lack of subject matter jurisdiction.
[08:14.540 --> 08:18.540]  I know what a declaratory judgment is.
[08:18.540 --> 08:23.540]  There's no any 12 rule in it at all.
[08:23.540 --> 08:26.540]  It's not like I read them all off to you.
[08:26.540 --> 08:28.540]  None of them would apply, right?
[08:28.540 --> 08:32.540]  I'm not sure.
[08:32.540 --> 08:34.540]  You want me to read them back to you?
[08:34.540 --> 08:35.540]  Yes.
[08:35.540 --> 08:38.540]  Well, it's quite simple.
[08:38.540 --> 08:43.540]  It sounded like they were throwing a whole laundry list of them, not just failure to state a claim,
[08:43.540 --> 08:49.540]  but kind of just throwing it all up against the wall and seeing if any of them could make it dismiss, right?
[08:49.540 --> 08:54.540]  Well, they mentioned all of them, but did they actually make claims on them?
[08:54.540 --> 09:02.540]  One thing to say, we can raise a subject matter jurisdiction challenge, but that's not raising one.
[09:02.540 --> 09:07.540]  That's just saying you can't.
[09:07.540 --> 09:13.540]  Did they raise a subject matter jurisdiction challenge?
[09:13.540 --> 09:16.540]  No, I don't think so.
[09:16.540 --> 09:23.540]  I mean, the way I read it, the only thing he was trying to do here with this code,
[09:23.540 --> 09:30.540]  like Administration Adjustments of Claims, that title tells you right there,
[09:30.540 --> 09:34.540]  it's some kind of an administration adjustment of claim.
[09:34.540 --> 09:44.540]  And when I read it, I responded to it when I sent it back to him, you know, that he's full of baloney.
[09:44.540 --> 09:46.540]  There's no such thing.
[09:46.540 --> 09:58.540]  I mean, I just, whenever I looked up, I destroyed his presentation of it, you know, like in most of them.
[09:58.540 --> 10:06.540]  And then, like I say, then he started with the 1231, and then he finally got around to his 1236, too.
[10:06.540 --> 10:11.540]  So that's why I started to look up the case law on it.
[10:11.540 --> 10:24.540]  And like I say, most of the case laws on it are like this, you know, whether the contact was a cause and the fact of harm,
[10:24.540 --> 10:30.540]  the number two, the respective duties owned by the party.
[10:30.540 --> 10:38.540]  Well, whoever the party is, it's a respective duty, whichever one is claiming.
[10:38.540 --> 10:46.540]  You know, you can put that in your claim, whether to request duties for a break,
[10:46.540 --> 10:54.540]  whether to risk the harm caused or within scope, which pretty much you guys talk about all the time, right?
[10:54.540 --> 10:56.540]  Yep.
[10:56.540 --> 10:59.540]  This is, I got two or three more here.
[10:59.540 --> 11:06.540]  I didn't want to mark them off where they are, but I just marked off the one case here.
[11:06.540 --> 11:18.540]  So anyway, after he sent me back all this and sent it over to the judge, the judge issued an order.
[11:18.540 --> 11:25.540]  Now, this is what the judge said.
[11:25.540 --> 11:36.540]  The complainant is Dean Paul. My name raises claims under criminal statutes.
[11:36.540 --> 11:49.540]  Those claims are dismissed with prejudice as a legal bias presented under, you know, the regular 28, 1915.
[11:49.540 --> 11:55.540]  Now, he just misses the case here.
[11:55.540 --> 12:05.540]  It is hereby ordered that motion is granted, defendant to respond to complaint no later than the day.
[12:05.540 --> 12:13.540]  He didn't say why. He didn't say which of these many throw everything against the wall reasons.
[12:13.540 --> 12:19.540]  Wait, there has to be a, along with the order, there has to be a judgment.
[12:19.540 --> 12:22.540]  Did you, do you have the judgment?
[12:22.540 --> 12:26.540]  No, just the order. That's all I got.
[12:26.540 --> 12:32.540]  Oh, then it's not done. That's not a complete order. There has to be a judgment attached.
[12:32.540 --> 12:34.540]  Oh?
[12:34.540 --> 12:39.540]  Yeah, because it's federal.
[12:39.540 --> 12:50.540]  Well, he issued an order because all the attorney general sent over this is a motion.
[12:50.540 --> 12:57.540]  Okay. No, in the Fed, an order, just an order is not a full order.
[12:57.540 --> 13:03.540]  An order is not complete until it's accompanied by a judgment.
[13:03.540 --> 13:09.540]  And the judgment is essentially findings of fact and conclusions of law.
[13:09.540 --> 13:15.540]  Well, here, right at the top of the page, because pro se plaintiff, my name,
[13:15.540 --> 13:24.540]  brings you against numerous United States postal service employees alleging that they failed to deliver a shipment of honeybees.
[13:24.540 --> 13:35.540]  The United States moved to substitute itself as the defendant, right,
[13:35.540 --> 13:44.540]  and dismissed for lack of subject matter jurisdiction. I will grant the motion.
[13:44.540 --> 13:56.540]  Okay. There has to be a judgment accompanying that order. That order is not complete by itself.
[13:56.540 --> 14:05.540]  It is in the state, but it's not in the Fed.
[14:05.540 --> 14:07.540]  Request the judgment.
[14:07.540 --> 14:16.540]  I know that it's stamped about two-thirds of the way down. It says judgment on it. I know what they look like. I got a couple of them.
[14:16.540 --> 14:19.540]  Does it have facts in law?
[14:19.540 --> 14:39.540]  I've never seen one of them. Well, I can't get the facts in law until I get a judgment. Then I can ask for findings of fact and conclusions of law, right?
[14:39.540 --> 14:40.540]  No, no.
[14:40.540 --> 14:47.540]  That's what you would do if it were in the state, but in the Fed, they have to give it to you. It's part of the deal. When they give an order, they must.
[14:47.540 --> 14:52.540]  You don't have to request it. They must give it to you already.
[14:52.540 --> 15:02.540]  An order is not complete in the Feds by itself. It must have a judgment accompanying it for it to be a complete order.
[15:02.540 --> 15:17.540]  Well, that's why I sent in my response to this thing. They got it in the record now, so I'm going to wait and see what this judge has to say.
[15:17.540 --> 15:31.540]  You need to put in a request for a judgment and object to the ruling because it's incomplete without a judgment, without findings of fact and conclusions at law.
[15:31.540 --> 15:38.540]  Okay, so as soon as I get a response from the judge, I'll request a judgment.
[15:38.540 --> 15:40.540]  Yes.
[15:40.540 --> 16:02.540]  Okay. In the meantime, I'll do a judicial conduct and I'll put a lot of this stuff in here that I put in for that attorney over there at the attorney general's office.
[16:02.540 --> 16:29.540]  I pretty much worked him over in that four-page answer. While I was doing it, I had the judge in mind, so all I got to do is just rewrite it a little bit and I'll send it over to the judicial conduct board there and let the chief judge at circuit read that.
[16:29.540 --> 16:40.540]  And then we'll get something back from him. I'll give the chief judge circuit over there another judicial conduct. I think I got him like two or three times.
[16:40.540 --> 16:48.540]  Okay, do you have anything else for us because we're about to go to our sponsors again. Do you have anything for the other side?
[16:48.540 --> 16:59.540]  Hang on, we'll do this on the other side. Randy Kelton, Brett Fountain, we'll be right back.
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[18:01.540 --> 18:12.540]  Rule of Law Radio is proud to offer the rule of law traffic seminar. In today's America we live in an us against them society and if we the people are ever going to have a free society then we're going to have to stand and defend our own rights.
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[19:00.540 --> 19:23.540]  You are listening to the Logos Radio Network. LogosradioNetwork.com.
[19:23.540 --> 19:50.540]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio and we're talking to Jerry in Pennsylvania.
[19:50.540 --> 20:00.540]  Hey, you had another question for us. Yeah, do you want me to mail you a hard copy of that to the address at the radio station? That's where you'll get it.
[20:00.540 --> 20:10.540]  Yes. Oh, okay. I guess the address is on the website then. Yeah, it's the Randy at Rule of Law Radio. Oh, you want to mail it.
[20:10.540 --> 20:21.540]  Oh, yeah, this way you'll definitely get it. Okay. PO Box 1, Boyd, Texas.
[20:21.540 --> 20:31.540]  Boyd, Texas. 76023. There is a moral behind PO Box 1.
[20:31.540 --> 20:45.540]  Never make a date with your girlfriend if you live in a mobile home and your wife can be listening on the extension.
[20:45.540 --> 20:55.540]  Now, Beechey, he didn't find that near as funny as I did, but he gave me his PO Box when he left town.
[20:55.540 --> 21:06.540]  Okay. Yeah. Listen, now that I got a judgment on this case that I'm going to send you, right, I got the judgment on it.
[21:06.540 --> 21:22.540]  These are for the highway enforcement, code enforcement officers. Can I sue them personally in the Fed? Because it was four and five constitutional rights, right?
[21:22.540 --> 21:29.540]  I would have to know more about the case. Okay, they trespassed. That trespass was criminal.
[21:29.540 --> 21:46.540]  I'm going to say criminal acts are not within scope. It's not within the scope of their authority, so yes, that's what I sued the judge in Victoria County for, that he acted outside of scope.
[21:46.540 --> 21:55.540]  He was commanded to do a certain thing, and he didn't do that thing, and not doing that thing was criminal act.
[21:55.540 --> 22:01.540]  So crimes can't be construed to be within the scope of any public official's office.
[22:01.540 --> 22:11.540]  If these guys committed criminal trespass on your property, then that is not within scope, so yes, you can sue them personally.
[22:11.540 --> 22:20.540]  Yeah, I can sue them personally, but I can't sue them in the Fed.
[22:20.540 --> 22:29.540]  Good question. Probably not, unless you have some federal claim.
[22:29.540 --> 22:30.540]  Brett?
[22:30.540 --> 22:34.540]  Wouldn't the Fourth or Fifth Amendment cover that or not?
[22:34.540 --> 22:44.540]  That's what I was going to ask, is the Fourth Amendment, would that free from unreasonable search or seizure?
[22:44.540 --> 22:45.540]  Mm-hmm.
[22:45.540 --> 22:49.540]  So they were doing an unreasonable search.
[22:49.540 --> 22:54.540]  But they were posing under the color of law.
[22:54.540 --> 22:59.540]  But that only means pretense under authority.
[22:59.540 --> 23:06.540]  Were the ones that were posing, were they state actors or federal actors?
[23:06.540 --> 23:09.540]  Local.
[23:09.540 --> 23:17.540]  Okay, so then that would be the Title 42, Section 1983.
[23:17.540 --> 23:25.540]  You can still get, you know, that's your private property, and that's guaranteed by the Fed, so that should get you there.
[23:25.540 --> 23:36.540]  Okay, so file under 242, under, I can't, I could use the Fourth Amendment then, right?
[23:36.540 --> 23:40.540]  That's what I would say, yes.
[23:40.540 --> 23:42.540]  Okay, good.
[23:42.540 --> 23:48.540]  If I don't want to go with them civil law ordinances and stuff, they just blow that right off.
[23:48.540 --> 23:53.540]  But they're more concerned with that Fourth Amendment, Fifth Amendment, every time I file something.
[23:53.540 --> 23:55.540]  Okay, thank you very much, Randy.
[23:55.540 --> 23:57.540]  I'll drop that in the mail.
[23:57.540 --> 23:58.540]  Thank you.
[23:58.540 --> 24:02.540]  Okay, now we're going to wait a second.
[24:02.540 --> 24:10.540]  As soon as Jerry drops off, we've got a first-time caller that was trying to call in.
[24:10.540 --> 24:13.540]  I'm going to go ahead and go to Adam in Texas.
[24:13.540 --> 24:14.540]  Hello, Adam.
[24:14.540 --> 24:21.540]  What are you up to today?
[24:21.540 --> 24:26.540]  Are you there, Adam? Did we put you to sleep?
[24:26.540 --> 24:28.540]  Hello?
[24:28.540 --> 24:31.540]  It looks like we put him to sleep.
[24:31.540 --> 24:34.540]  Okay, so I'm going to go.
[24:34.540 --> 24:38.540]  We got the first-time caller up.
[24:38.540 --> 24:46.540]  This is, looks like Shannon in, I don't know, what's 208 Errico, Brett?
[24:46.540 --> 24:48.540]  Oh, it's in Idaho.
[24:48.540 --> 24:51.540]  Idaho, okay.
[24:51.540 --> 24:53.540]  He's in his room, sorry.
[24:53.540 --> 24:56.540]  What do you have for us today?
[24:56.540 --> 25:02.540]  So, I am, so I'm trying, I'm a little all over the place.
[25:02.540 --> 25:04.540]  I apologize.
[25:04.540 --> 25:06.540]  Well, we're sorry we lost you at first.
[25:06.540 --> 25:08.540]  We were looking forward to talking to you.
[25:08.540 --> 25:12.540]  I saw you up on the board there for a little while, and then we saw you drop off.
[25:12.540 --> 25:14.540]  Sorry about that.
[25:14.540 --> 25:16.540]  No, my cheek hit it.
[25:16.540 --> 25:18.540]  Yes, thank you.
[25:18.540 --> 25:25.540]  So, I won't take too long just to give a little background.
[25:25.540 --> 25:32.540]  I've been dealing with this law firm, this debt collector law firm.
[25:32.540 --> 25:42.540]  They said that they served me, they said they served me in February.
[25:42.540 --> 25:46.540]  I don't remember, whatever, I do not remember them serving me.
[25:46.540 --> 25:50.540]  I've been dealing with so many lawsuits with them.
[25:50.540 --> 25:58.540]  Did they provide a certificate of service and a certified mail number?
[25:58.540 --> 26:00.540]  No.
[26:00.540 --> 26:06.540]  So, we went to court, this is fast forward a little bit, we went to court on Thursday.
[26:06.540 --> 26:17.540]  I had, they filed a motion to garnish us because we acquiesced, I guess.
[26:17.540 --> 26:20.540]  We didn't, because I didn't know I was served.
[26:20.540 --> 26:22.540]  They did a summons.
[26:22.540 --> 26:30.540]  I'm saying this really fast, but we got a judgment to set aside the default judgment, whatever, on Thursday.
[26:30.540 --> 26:34.540]  I asked to have the affidavit of service provided to me.
[26:34.540 --> 26:36.540]  I never thought.
[26:36.540 --> 26:38.540]  I know I could have gone down to the courthouse.
[26:38.540 --> 26:40.540]  I now know that.
[26:40.540 --> 26:44.540]  The judge literally was laughing in a way.
[26:44.540 --> 26:48.540]  He said, I can flip my computer screen over so you can see it.
[26:48.540 --> 26:50.540]  We had all of our documents down.
[26:50.540 --> 26:54.540]  I know I need to learn, so I'm still in the process of learning.
[26:54.540 --> 26:59.540]  But I'm literally trying to fight my way out of this.
[26:59.540 --> 27:02.540]  He wouldn't listen to anything I said, nothing.
[27:02.540 --> 27:08.540]  Nothing me and my husband said in any of our documents that we listed.
[27:08.540 --> 27:15.540]  We started the motion to say that we didn't have due process to be served.
[27:15.540 --> 27:20.540]  Then we began the affidavit of facts.
[27:20.540 --> 27:29.540]  We presented the affidavit of facts to the attorney that she's not a licensed debt collector in the state of Idaho.
[27:29.540 --> 27:31.540]  That didn't matter at all.
[27:31.540 --> 27:34.540]  That didn't matter to the judge whatsoever.
[27:34.540 --> 27:41.540]  As well as you have to have a business in the state of Idaho to process.
[27:41.540 --> 27:47.540]  She even listed, she's not even in the state of Idaho, she's in the state of Utah,
[27:47.540 --> 27:52.540]  which is jurisdiction that's not even in the same realm.
[27:52.540 --> 27:57.540]  She twisted Title 26 around, so basically we were the fools.
[27:57.540 --> 27:59.540]  We were the idiots.
[27:59.540 --> 28:05.540]  I literally, we spoke for like five seconds and the attorney spoke for 20 minutes,
[28:05.540 --> 28:08.540]  or not 20 minutes, but maybe 10 minutes.
[28:08.540 --> 28:14.540]  Then the judge basically said exactly what the affidavit said and said,
[28:14.540 --> 28:20.540]  this is what I said, this is what the processor said, this is what I believe there's no facts here.
[28:20.540 --> 28:22.540]  You didn't prove anything.
[28:22.540 --> 28:25.540]  To me, this is the first time going affidavit.
[28:25.540 --> 28:33.540]  I'm dumbfounded that this is a justice system that was completely, I don't know,
[28:33.540 --> 28:38.540]  I don't feel like there's even any confidence and what am I supposed to be doing?
[28:38.540 --> 28:46.540]  I mean, he laughed at us and said, well, basically you can do an appeal because that's your right.
[28:46.540 --> 28:56.540]  Yeah. It's not unusual. That is a pretty common thing to, I'm sorry,
[28:56.540 --> 29:06.540]  but that's unfortunately a pretty common experience for them to just throw everything in your face and dare you to appeal.
[29:06.540 --> 29:07.540]  It is?
[29:07.540 --> 29:13.540]  As Randy says, we have other options as well. We can appeal and.
[29:13.540 --> 29:14.540]  Go ahead.
[29:14.540 --> 29:24.540]  I have a question. In your statement, you filed an affidavit of fact.
[29:24.540 --> 29:29.540]  Affidavit of fact doesn't do anything on its own. It just states a bunch of facts.
[29:29.540 --> 29:39.540]  Did you file an opposition, a motion in opposition or an answer to the motion to dismiss the default?
[29:39.540 --> 29:42.540]  Yes, I did.
[29:42.540 --> 29:49.540]  Okay. Do you have the elements of a default motion?
[29:49.540 --> 29:56.540]  Wait, hang on. About to go to our sponsors. Randy Kelton, Brett Fountain, Rule of Law Radio. We'll be right back.
[29:56.540 --> 29:59.540]  Yeah, don't hang up.
[29:59.540 --> 30:07.540]  Everyone knows that walking is a great exercise, but you might not know that the way you walk could predict how long you're going to live.
[30:07.540 --> 30:13.540]  I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication in just a moment.
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[30:42.540 --> 30:47.540]  New research shows how fast you walk could predict how long you're going to live.
[30:47.540 --> 30:55.540]  The Journal of the American Medical Association reports that older adults who walk one meter per second or faster live longer than expected.
[30:55.540 --> 30:59.540]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[30:59.540 --> 31:06.540]  A senior's age, gender, and walking speed were as good at predicting life expectancy as more traditional statistical measures.
[31:06.540 --> 31:09.540]  Generally speaking, faster walkers live longer.
[31:09.540 --> 31:15.540]  Measuring walking speed is quick and inexpensive. It only takes a stopwatch, some space to walk, and a few minutes.
[31:15.540 --> 31:20.540]  Researchers say it could help doctors identify older patients who need special care.
[31:20.540 --> 31:29.540]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:29.540 --> 31:34.540]  I lost my son, my nephew, my uncle, my son on September 11, 2001.
[31:34.540 --> 31:38.540]  Most people don't know that a third tower fell on September 11.
[31:38.540 --> 31:42.540]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.540 --> 31:46.540]  Although the official explanation is that fire brought down Building 7,
[31:46.540 --> 31:52.540]  over 1,200 architects and engineers have looked into the evidence and believe there is more to the story.
[31:52.540 --> 31:55.540]  Bring justice to my son, my uncle, my nephew, my son.
[31:55.540 --> 32:01.540]  Go to buildingwatch.org. Why it fell, why it matters, and what you can do.
[32:01.540 --> 32:06.540]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[32:06.540 --> 32:12.540]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk,
[32:12.540 --> 32:17.540]  where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[32:17.540 --> 32:24.540]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the Word of Truth.
[32:24.540 --> 32:28.540]  Starting in January, our first-hour studies are in the Book of Mark,
[32:28.540 --> 32:32.540]  where we'll go verse by verse and discuss the true Gospel message.
[32:32.540 --> 32:39.540]  Our second-hour topical studies will vary each week with discussions on sound doctrine and Christian character development.
[32:39.540 --> 32:43.540]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
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[32:50.540 --> 32:56.540]  So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m.
[32:56.540 --> 33:10.540]  to inspire and motivate your studies of the Scriptures.
[33:26.540 --> 33:48.540]  I won't, I won't, I won't let you pull the wool over my eyes
[33:48.540 --> 33:56.540]  They must refuse your news, also come in lies
[33:56.540 --> 34:04.540]  It seems you like to face, but please take some words to the wise
[34:04.540 --> 34:13.540]  Hello, okay, we are back, Randy Kelton, Brett Fountain of Rule of Law Radio, and we're talking to Shannon in Idaho.
[34:13.540 --> 34:21.540]  Shannon, I thought it was Andrea. Andrea. What was it? Oh. My name's Andrea Shannon.
[34:21.540 --> 34:30.540]  Andrea? Yes. Okay, I've got, I've just got what's coming up on my computer. Sorry.
[34:30.540 --> 34:39.540]  Okay, Andrea, when you were talking, I noticed something in your use of language.
[34:39.540 --> 34:49.540]  That gave me the idea that you were not as sophisticated in legal issues as you could be.
[34:49.540 --> 34:55.540]  Am I misreading that? No, you're, you're exactly right.
[34:55.540 --> 35:05.540]  Okay, because you weren't speaking to elements. You had a default judgment, and what are the elements of a default judgment?
[35:05.540 --> 35:15.540]  You need to address all of the elements and then demonstrate how any one of those is not applicable.
[35:15.540 --> 35:23.540]  You break any, you neutralize any one of the elements and then the default judgment's overturned.
[35:23.540 --> 35:31.540]  And you did that with, you said there was no certificate of service?
[35:31.540 --> 35:41.540]  Right. We never, I, I. No, no. Was there a certificate of service filed in the court record? Yes.
[35:41.540 --> 35:51.540]  That, did that certificate of service have a certified mail number on it? No, it did not.
[35:51.540 --> 35:59.540]  Did you raise the issue that it did not have a certified mail number on it?
[35:59.540 --> 36:07.540]  No, because I found out after. I just told them I did not receive, I did not have a certificate of service.
[36:07.540 --> 36:15.540]  I. Okay, no, no. I'm talking, certificate of service is just certifies that you were actually served with the document.
[36:15.540 --> 36:27.540]  And in order to show, if they didn't give a certificate, a certified mail number on the document, there's no way to trace it.
[36:27.540 --> 36:47.540]  So they could just made that up. Except for the judge said that it, it has his stamp of the process server, his name listed on there.
[36:47.540 --> 37:01.540]  Oh, okay. That's different. Did you contact the process server and find out where the process server actually served it?
[37:01.540 --> 37:09.540]  It was served at my house at February 22nd at 1254 in the afternoon.
[37:09.540 --> 37:19.540]  Who did he give it to? Me. And said there was a conversation that was on the paper. I didn't have a conversation with him.
[37:19.540 --> 37:30.540]  I don't remember seeing this gentleman whatsoever. The reason why it's just bizarre, because we received a certificate of service on September 2nd.
[37:30.540 --> 37:39.540]  Is it possible that someone else was at your house who had a conversation with the processor?
[37:39.540 --> 37:48.540]  So I don't think, I mean, my son's been in special needs. I don't think that's possible, but if he gave it to him, I would never know.
[37:48.540 --> 38:01.540]  If I gave it to him, that wouldn't be sufficient service anyway. This needed to be argued as insufficient service. Well, they didn't care. I did argue with that.
[38:01.540 --> 38:09.540]  But that was not even, it was a moot point for them. They didn't care because it was already with the process server that had it.
[38:09.540 --> 38:21.540]  No, no, no. What I'm saying is you have to put facts and law on the record. And then the judge has a duty to properly apply the law to the facts.
[38:21.540 --> 38:29.540]  If you don't put those on the record, you can't take them to the appellate court.
[38:29.540 --> 38:42.540]  Okay. And that artifice, or the affidavit of facts that I stated in there that I wasn't properly served is not proper, is not what I needed to do.
[38:42.540 --> 38:50.540]  The problem with that is it goes to the discretion of the court. Who does he believe?
[38:50.540 --> 38:51.540]  Right.
[38:51.540 --> 39:02.540]  And he gets to decide. That needed to be argued very carefully. You need to look at what constitutes proper service.
[39:02.540 --> 39:11.540]  And you definitely needed to talk to the process server to find out who this person he supposedly spoke to was.
[39:11.540 --> 39:22.540]  You need to, with him, you need to talk to him and show him a picture of somebody else. Is this the person you talked to?
[39:22.540 --> 39:32.540]  If he's lying, he'll say, oh yeah, that's the one I talked to.
[39:32.540 --> 39:42.540]  See, this is the problem the judge has. We get people all the time claiming that if they don't get an answer in time, they claim they didn't get served.
[39:42.540 --> 39:55.540]  So it's a common tool used. So you have to argue the issue very carefully. You needed to talk to that process server.
[39:55.540 --> 40:04.540]  Oh, you're saying show the process server a picture of somebody that looks like maybe the voice could match.
[40:04.540 --> 40:08.540]  Yeah, but not the person. So if he's lying.
[40:08.540 --> 40:16.540]  It won't be her. It won't be Andrea, but it'll be somebody that maybe looks like about the age and would be a girl.
[40:16.540 --> 40:22.540]  So then he would say, oh yeah, that's you. That's the one.
[40:22.540 --> 40:37.540]  If he's lying, but that's what you need to establish. You need to establish a flaw as a matter of you had to factually establish a flaw in the service.
[40:37.540 --> 40:44.540]  Okay. Okay.
[40:44.540 --> 40:58.540]  You can still appeal that because generally default judgment is not preferred and they're generally pretty easy to get overturned.
[40:58.540 --> 41:03.540]  I like something like 80% of them get overturned.
[41:03.540 --> 41:05.540]  Really? Okay.
[41:05.540 --> 41:14.540]  Yeah. So file an appeal to it. Did this? Okay. He dismissed your whole case with prejudice.
[41:14.540 --> 41:19.540]  That's dismissal with prejudice is not preferred either.
[41:19.540 --> 41:31.540]  So most likely they don't want people to lose their case not having an opportunity to litigate their case.
[41:31.540 --> 41:40.540]  So almost very good chance if you appeal this, the court of appeals will overturn it.
[41:40.540 --> 41:53.540]  Okay. But there's a timeline as far as, I mean, obviously in Idaho, I believe it's 42 days from when it was originally the judgment on there.
[41:53.540 --> 42:04.540]  When did you get the ruling?
[42:04.540 --> 42:13.540]  That's not good. Generally you have about either 10 or 15 days to give notice of intent to appeal.
[42:13.540 --> 42:24.540]  It took you too long to get that number that indicates that you may be out of time.
[42:24.540 --> 42:30.540]  Okay. This is a learning process, obviously. I'm not good at this so I have to go back to that.
[42:30.540 --> 42:40.540]  Yeah. Welcome to my world. People ask me, how do you know all this stuff? Well, I screwed it all up. That's how I know.
[42:40.540 --> 42:45.540]  Much of a mistake you can make that I hadn't made a couple of times.
[42:45.540 --> 42:48.540]  Me too. I've been there. Ouch.
[42:48.540 --> 42:55.540]  You've been there, done that, got the t-shirt.
[42:55.540 --> 43:03.540]  Real quick so I don't waste a lot of your time. So this motion that I lost, I guess the default judgment was for garnishing.
[43:03.540 --> 43:21.540]  They're basically doing a continuation of garnishing us. If there's no money, if there's no money, do they send a letter saying they're going to come at me a different way or there's no job and you lost their job?
[43:21.540 --> 43:28.540]  Oh, okay. And this was a suit you filed for wrongful termination?
[43:28.540 --> 43:33.540]  No, no, no, no. This is the same one. This is the same one, default judgment.
[43:33.540 --> 43:38.540]  Yeah, that's what I'm saying. That was a suit for wrongful termination.
[43:38.540 --> 43:42.540]  No, it's for a credit card.
[43:42.540 --> 43:59.540]  Oh, okay. I don't know what's going on. Hang on. Randy Kelton, Brett Fountain, Wheel of Law Radio. We've got over an hour left so we're going to full board a caller so I won't give out the number. We'll be right back.
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[46:12.540 --> 46:24.540]  Whoa, whoa, whoa, whoa. Whoa, whoa, whoa, whoa. Yeah.
[46:24.540 --> 46:46.540]  Always, I must be careful what I'm wishing for. When I'm hungry, I like to know just what I'm fishing for. I ain't asking for much. I ain't trying to be no glutton. I'm just here making my living, pushing buttons.
[46:46.540 --> 47:10.540]  I give my message out to anyone in shot and distance. I hope for bravery and against slavery, showing resistance. First I'm crawling, then I'm walking, then I start strutting. I'm just so glad to make my living, pushing buttons.
[47:10.540 --> 47:17.540]  Whoa, whoa, whoa, whoa. Whoa, whoa, whoa.
[47:17.540 --> 47:33.540]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Andrea in Idaho. And this is credit card. Didn't know that.
[47:33.540 --> 47:35.540]  Yeah.
[47:35.540 --> 47:41.540]  Okay, so this is a collection company trying to collect on a credit card.
[47:41.540 --> 47:48.540]  Oh, good. There are all kinds of things you can do.
[47:48.540 --> 47:56.540]  So you definitely need to file a, oh, you might be too late. How long ago was the ruling?
[47:56.540 --> 48:03.540]  So, court granted judgment on April 11.
[48:03.540 --> 48:06.540]  Oh yeah, way, way, way, way too long.
[48:06.540 --> 48:15.540]  We set aside in September. So they let me do this September. So, yeah.
[48:15.540 --> 48:17.540]  We're still out of time.
[48:17.540 --> 48:26.540]  What did he let you do till September?
[48:26.540 --> 48:38.540]  I was, long story, I was scrambling to get everything ready to go. I have another lawsuit that I'm bringing to them, and that's not till December.
[48:38.540 --> 48:53.540]  So I know that there will be remedy there in December, but this one is for a garnishing. They're trying to garnish our, for this, because we lost this one, I guess, because we didn't do enough.
[48:53.540 --> 48:59.540]  This is going to be hard to beat because it's so long.
[48:59.540 --> 49:04.540]  These things have to be timely, have to move quickly.
[49:04.540 --> 49:16.540]  And April, you generally have 10 to 15 days to file a notice of intent to appeal. Six, seven months is not going to get it.
[49:16.540 --> 49:25.540]  So when the judge talked to us on Thursday and the judge said, okay, were you always going to appeal it? So he told us he could appeal it, but I guess.
[49:25.540 --> 49:30.540]  Wait a minute, wait a minute, hold on. I'm getting bits and pieces here. What happened Thursday?
[49:30.540 --> 49:35.540]  Thursday was our motion to set aside default judgment.
[49:35.540 --> 49:37.540]  Oh, so it was still active.
[49:37.540 --> 49:39.540]  Oh, okay.
[49:39.540 --> 49:49.540]  Because I literally was rambling when we found out, I didn't know, anyway. So we rambled, we filed this fast.
[49:49.540 --> 49:51.540]  And so, yeah.
[49:51.540 --> 49:55.540]  Okay. So when did he render this ruling?
[49:55.540 --> 50:01.540]  The original one was, or this one was September 8th.
[50:01.540 --> 50:04.540]  You still may be out of time to appeal.
[50:04.540 --> 50:05.540]  Yeah.
[50:05.540 --> 50:08.540]  Did you file a notice of intent to appeal?
[50:08.540 --> 50:10.540]  No, because that was Thursday.
[50:10.540 --> 50:13.540]  Man, you're missing out.
[50:13.540 --> 50:19.540]  Oh, wow. This is like the roller coaster. Yes, you can. Oh, no, she can. Oh, yes, she can.
[50:19.540 --> 50:29.540]  It's okay. I mean, I can bake some cookies to pay, I guess. That's all I have. So I don't know how they're going to get anything else out of me.
[50:29.540 --> 50:37.540]  But I was just kidding about that.
[50:37.540 --> 50:43.540]  I'm frustrated that I don't have an answer for you.
[50:43.540 --> 50:45.540]  Clocks rock.
[50:45.540 --> 50:52.540]  I have a – I'm suing them December 6th, actually. I mean, I'm suing them – I'm bringing the suit to them.
[50:52.540 --> 50:53.540]  So I just have to –
[50:53.540 --> 50:57.540]  What are your claims?
[50:57.540 --> 51:12.540]  So my claims are they basically brief so many violations of like rule – like Civil Procedure 12bc 6.
[51:12.540 --> 51:16.540]  They don't – they're not licensed in the state of Idaho, plus they –
[51:16.540 --> 51:24.540]  Okay. Okay. They don't have to be. Debt collector – they're under the Fair Debt Collections Practice Act.
[51:24.540 --> 51:31.540]  They're under federal code. And a debt collector can collect from anywhere in the country.
[51:31.540 --> 51:41.540]  But in Idaho, on Title 26, it says they have to be fair and open and honest as well. I don't – I mean, maybe I'm looking at that wrong.
[51:41.540 --> 51:45.540]  Okay. Have you read the Fair Debt Collections Practices Act?
[51:45.540 --> 51:47.540]  Mm-hmm.
[51:47.540 --> 51:50.540]  Have they violated any of those provisions?
[51:50.540 --> 51:52.540]  Yes. Yes. I was –
[51:52.540 --> 51:57.540]  That was kind of a rhetorical question because the answer is always yes.
[51:57.540 --> 51:58.540]  Yes. Yes.
[51:58.540 --> 52:03.540]  You can sue them separately under Fair Debt Collections Practices.
[52:03.540 --> 52:11.540]  Okay. Okay. I'll just list them all down there. Okay.
[52:11.540 --> 52:15.540]  Okay. Read Fair Debt Collections Practices Act. It's not that big.
[52:15.540 --> 52:16.540]  Okay.
[52:16.540 --> 52:25.540]  And see where they violated it. How much is the claim?
[52:25.540 --> 52:28.540]  $3,600.
[52:28.540 --> 52:35.540]  Oh, that's easy. You get $1,000 to $1,500. I think it's $1,500 now per violation.
[52:35.540 --> 52:36.540]  Mm-hmm.
[52:36.540 --> 52:48.540]  So you can get three or four violations. Then you sue them and claim tender by set-off.
[52:48.540 --> 52:54.540]  Claim tender on the claim against you by set-off against your claim against them.
[52:54.540 --> 52:59.540]  Okay. Okay.
[52:59.540 --> 53:07.540]  It'll take some research. First, read Fair Debt Collections Practices Act and then call us back next week and let's talk about what they did wrong,
[53:07.540 --> 53:14.540]  and we'll see how much claim – how many claims we can bring against them, and then you prepare a suit and file it.
[53:14.540 --> 53:23.540]  Okay. Awesome. Sounds good. Sorry to waste your time. I'm all over the place. I apologize.
[53:23.540 --> 53:26.540]  Okay. Well, we'll try to get you organized.
[53:26.540 --> 53:28.540]  Okay. Thank you.
[53:28.540 --> 53:32.540]  Okay, Andrea. Thank you for calling, and don't be a stranger.
[53:32.540 --> 53:42.540]  Okay. Now we're going to try Adam in Texas again. Adam, are you there?
[53:42.540 --> 53:45.540]  Hello, Adam. I think we put him to sleep.
[53:45.540 --> 53:53.540]  He's generally a pretty good caller. Okay. So we're going to go to Kenny in Texas.
[53:53.540 --> 53:58.540]  Hello, Kenny. What do you have for us today?
[53:58.540 --> 54:01.540]  Hey, Randy and Brett. Brett, y'all are doing good.
[54:01.540 --> 54:18.540]  And what I have is apologies to falling off of the boat back in 2013 when I was – had just discovered y'all and Deborah.
[54:18.540 --> 54:25.540]  And anyway, last got in the way. You know, I'm doing good.
[54:25.540 --> 54:29.540]  Harvey's got us to put four foot of water in our home.
[54:29.540 --> 54:35.540]  And the context of my call tonight is that I hired a contractor,
[54:35.540 --> 54:52.540]  and he enticed me to enter into the agreement based on false and hidden material facts that he just – he lied to us, in other words,
[54:52.540 --> 54:56.540]  claiming he had disability insurance and he did not.
[54:56.540 --> 55:12.540]  So anyway, I was incensed and never fired him, but I'm 70 and my wife is 66, and so we're elderly.
[55:12.540 --> 55:20.540]  Now that just sounds ridiculous because I feel young, but the year you're tolling on me. But anyway.
[55:20.540 --> 55:30.540]  Okay. Elder abuse in Texas is a pretty serious claim. 34.02, if I remember right.
[55:30.540 --> 55:36.540]  I was just writing a lawsuit that included a claim of elder abuse.
[55:36.540 --> 55:45.540]  Yes. Well, I remembered from, you know, my interaction with y'all years ago,
[55:45.540 --> 55:51.540]  I remember you saying that I needed to put a timeline.
[55:51.540 --> 56:06.540]  And so I did a timeline based on the time that he – and what happened, you know, during those days when he was song and dancing
[56:06.540 --> 56:15.540]  or dance – you know, song and dance and saucing down our pants. And anyway, he would have been just signing that contract.
[56:15.540 --> 56:29.540]  He wanted $9,000 up front out of a $16,000 contract. He never supplied materials. He never supplied labor.
[56:29.540 --> 56:40.540]  He did not supply his insurance certificate. So I was pretty incensed. So I did my due diligence, Randy,
[56:40.540 --> 56:55.540]  and I worked up five different verified complaints, you know, verified criminal complaints, three felonies and two misdemeanors.
[56:55.540 --> 57:02.540]  And it was just equal trade practice, blah, blah, blah, blah, blah. I had him cold.
[57:02.540 --> 57:11.540]  He was spooked. And so he wrote me a check for the $9,000 that he had previously drawn.
[57:11.540 --> 57:19.540]  The check bounced like rubber from my old bicycle inner tube.
[57:19.540 --> 57:22.540]  Okay. That'll get him in jail.
[57:22.540 --> 57:34.540]  Yeah. Now, you would think. However, because at $1,500 in Texas, it becomes a state jail felon.
[57:34.540 --> 57:42.540]  When he's messing with me as an elder, it goes to a third degree felon. I got him on a bunch of stuff.
[57:42.540 --> 57:56.540]  And I've got the 36.01, I believe, where, anyway, I hear the music.
[57:56.540 --> 58:06.540]  I've been in the notice that there's statute required, and he never even picked up the service or, you know, never did it.
[58:06.540 --> 58:15.540]  And so my problem is I cannot get the local Gallatin County DA to pick it up.
[58:15.540 --> 58:22.540]  Back with the DA. Forget the DA. Prepare a criminal complaint and take it to a magistrate.
[58:22.540 --> 58:27.540]  That's what I heard. You said on my email to you earlier last week.
[58:27.540 --> 58:35.540]  And so if you want to opine, I'll take your answers offline so you can get to other callers.
[58:35.540 --> 58:39.540]  Okay. Okay. Hang on. Okay. We're about to go to our break.
[58:39.540 --> 58:44.540]  So I'll address this when we come back on the other side. Don't go away. Stay on. I may have some questions.
[58:44.540 --> 59:12.540]  Randy Kelton, Brett Fountain, Real Law Radio. We'll be right back.
[59:12.540 --> 59:17.540]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.540 --> 59:23.540]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:23.540 --> 59:27.540]  growing in Christ, and how to build up the church.
[59:27.540 --> 59:33.540]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.540 --> 59:44.540]  call Bibles for America toll free at 888-551-0102. That's 888-551-0102.
[59:44.540 --> 59:51.540]  Or visit us online at bfa.org.
[59:51.540 --> 01:00:01.540]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:01.540 --> 01:00:05.540]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:00:05.540 --> 01:00:10.540]  They guarantee the specific freedoms Americans should know and protect. Our liberty depends on it.
[01:00:10.540 --> 01:00:16.540]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:16.540 --> 01:00:22.540]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:00:22.540 --> 01:00:27.540]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.540 --> 01:00:32.540]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:00:32.540 --> 01:00:35.540]  Privacy. It's worth hanging on to.
[01:00:35.540 --> 01:00:38.540]  This public service announcement is brought to you by Startpage.com,
[01:00:38.540 --> 01:00:42.540]  the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.540 --> 01:00:45.540]  Start over with Startpage.
[01:00:45.540 --> 01:00:51.540]  Imagine your mom and dad are getting ready for bed. They pull back the covers and find a third party there.
[01:00:51.540 --> 01:00:54.540]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.540 --> 01:01:00.540]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:00.540 --> 01:01:06.540]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[01:01:06.540 --> 01:01:09.540]  Third party? Third Amendment? Get it?
[01:01:09.540 --> 01:01:12.540]  So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:12.540 --> 01:01:16.540]  tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:16.540 --> 01:01:31.540]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.540 --> 01:01:34.540]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:34.540 --> 01:01:39.540]  They guarantee the specific freedoms Americans should know and protect. Our liberty depends on it.
[01:01:39.540 --> 01:01:46.540]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:46.540 --> 01:01:51.540]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:01:51.540 --> 01:01:56.540]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:56.540 --> 01:02:01.540]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:02:01.540 --> 01:02:04.540]  Privacy. It's worth hanging on to.
[01:02:04.540 --> 01:02:12.540]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:02:12.540 --> 01:02:15.540]  Start over with StartPage.
[01:02:15.540 --> 01:02:21.540]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:21.540 --> 01:02:27.540]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure.
[01:02:27.540 --> 01:02:30.540]  Fourth Amendment? Four eyes staring at you? Get it?
[01:02:30.540 --> 01:02:34.540]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[01:02:34.540 --> 01:02:39.540]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:39.540 --> 01:02:46.540]  When government employees demand a peep at your privates without probable cause, I say it's time to sound the constitutional alarm bells.
[01:02:46.540 --> 01:02:53.540]  Join me in asking our representatives to dust off the Bill of Rights and use their googly eyes to take a gander at the Fourth.
[01:02:53.540 --> 01:03:00.540]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:23.540 --> 01:03:30.540]  Thank you.
[01:03:53.540 --> 01:03:56.540]  Okay, we are back.
[01:03:56.540 --> 01:03:58.540]  Brandon Cowell from Bretton Fountain Wheel of Law Radio.
[01:03:58.540 --> 01:04:01.540]  We're talking to Kenny in Texas.
[01:04:01.540 --> 01:04:04.540]  Okay, Kenny, where were we?
[01:04:04.540 --> 01:04:13.540]  Okay, I can't get the DA of my county, Galveston County, to take up my verified affidavit criminal complaint.
[01:04:13.540 --> 01:04:15.540]  Okay, okay.
[01:04:15.540 --> 01:04:18.540]  Glad you brought that up.
[01:04:18.540 --> 01:04:21.540]  Have you heard me talk about Victoria County?
[01:04:21.540 --> 01:04:25.540]  Yes, sir, I've been following that and enjoying every bit of it.
[01:04:25.540 --> 01:04:27.540]  This is what you do.
[01:04:27.540 --> 01:04:29.540]  I want to make a...
[01:04:29.540 --> 01:04:31.540]  Say that again.
[01:04:31.540 --> 01:04:35.540]  I want to make the biggest think I can take or get.
[01:04:35.540 --> 01:04:41.540]  Okay, what you do is a little sharpshooting, just like I'm doing, and I will send you the documents.
[01:04:41.540 --> 01:04:45.540]  Make up criminal complaints and take them to a magistrate.
[01:04:45.540 --> 01:04:46.540]  Okay.
[01:04:46.540 --> 01:04:52.540]  Give them to the magistrate and say, here, issue warrants.
[01:04:52.540 --> 01:04:54.540]  Wow, okay.
[01:04:54.540 --> 01:05:08.540]  Now, because the crimes are felony, the JP says, well, we only do misdemeanors, so should I go to the district court?
[01:05:08.540 --> 01:05:10.540]  No, no, no, no, no.
[01:05:10.540 --> 01:05:14.540]  If the JP says that, call 911.
[01:05:14.540 --> 01:05:17.540]  Okay, I got you.
[01:05:17.540 --> 01:05:19.540]  That's horse manure.
[01:05:19.540 --> 01:05:20.540]  The attorney...
[01:05:20.540 --> 01:05:21.540]  Write this down.
[01:05:21.540 --> 01:05:25.540]  Attorney general opinion H500.
[01:05:25.540 --> 01:05:27.540]  H500.
[01:05:27.540 --> 01:05:29.540]  H500.
[01:05:29.540 --> 01:05:31.540]  Yes, sir.
[01:05:31.540 --> 01:05:42.540]  That's where the attorney general addressed this issue, and the crux of it was is that any magistrate in the state of Texas
[01:05:42.540 --> 01:05:49.540]  can hear any complaint, felony or misdemeanor, state or federal, from anywhere in the state.
[01:05:49.540 --> 01:05:51.540]  Wow, okay.
[01:05:51.540 --> 01:05:57.540]  So, you know, what I don't do is try to give them legal advice.
[01:05:57.540 --> 01:05:58.540]  Of course.
[01:05:58.540 --> 01:06:04.540]  They don't take legal advice well, so I don't give it to them.
[01:06:04.540 --> 01:06:10.540]  I went into this JP, and I handed him some complaints, and I said, here, issue me some warrants.
[01:06:10.540 --> 01:06:18.540]  He looked at them, and they had somebody else's name on them, and I said, oops, my mistake, and I scratched that name out as complaint
[01:06:18.540 --> 01:06:23.540]  and wrote mine in, and I need you to verify these for me.
[01:06:23.540 --> 01:06:24.540]  Handed them to him.
[01:06:24.540 --> 01:06:25.540]  He asked me if I was an attorney.
[01:06:25.540 --> 01:06:27.540]  I told him no.
[01:06:27.540 --> 01:06:29.540]  He asked me if I talked to an attorney, no.
[01:06:29.540 --> 01:06:34.540]  But if you're not an attorney, I'm not going to read these and threw them down and stormed out.
[01:06:34.540 --> 01:06:35.540]  Wow.
[01:06:35.540 --> 01:06:40.540]  Well, Bubba, we'll see how that works out for you.
[01:06:40.540 --> 01:06:41.540]  So I sued him.
[01:06:41.540 --> 01:06:43.540]  This is what you do.
[01:06:43.540 --> 01:06:45.540]  You get him not to take them.
[01:06:45.540 --> 01:06:51.540]  If he says, oh, well, he don't take felonies, you don't care, then you sue him.
[01:06:51.540 --> 01:06:53.540]  Don't give him fair warning.
[01:06:53.540 --> 01:06:55.540]  Don't give him legal advice.
[01:06:55.540 --> 01:07:00.540]  Just call 911 and ask for a policeman to take your criminal complaint against him.
[01:07:00.540 --> 01:07:06.540]  Official Oppression 39.03 Penal Code, failed to perform a duty he is required to perform
[01:07:06.540 --> 01:07:13.540]  and in the process denied you the full and free access to or enjoyment of right, and the fight is on.
[01:07:13.540 --> 01:07:23.540]  And I can tell you from current experience, it is a whole different animal when you're the plaintiff.
[01:07:23.540 --> 01:07:24.540]  Okay.
[01:07:24.540 --> 01:07:27.540]  39.03, 39.03.
[01:07:27.540 --> 01:07:30.540]  39.03 Official Oppression.
[01:07:30.540 --> 01:07:31.540]  Okay.
[01:07:31.540 --> 01:07:35.540]  And then that 1730 comes in somewhere.
[01:07:35.540 --> 01:07:37.540]  I don't have to tell him that.
[01:07:37.540 --> 01:07:40.540]  He knows that should be, you know.
[01:07:40.540 --> 01:07:43.540]  No, you don't give him any legal advice.
[01:07:43.540 --> 01:07:46.540]  No, he finds out in writing when it's on the criminal complaint.
[01:07:46.540 --> 01:07:55.540]  And the 1730 is the Texas Code of Criminal Procedure, whereas the 39.03 was over in the Texas Penal Code.
[01:07:55.540 --> 01:08:00.540]  The Texas Code of Criminal Procedure is defining the way they're supposed to handle things.
[01:08:00.540 --> 01:08:03.540]  Here's how you're supposed to do your job.
[01:08:03.540 --> 01:08:08.540]  This actually goes to 15.09.
[01:08:08.540 --> 01:08:10.540]  15.09, okay.
[01:08:10.540 --> 01:08:19.540]  Yeah, 15.09 says when a complaint is forwarded to a magistrate in compliance with 15.05,
[01:08:19.540 --> 01:08:29.540]  and that sets out the requisites of a complaint, the magistrate shall issue a warrant forthwith.
[01:08:29.540 --> 01:08:32.540]  Now, how hard is that to understand?
[01:08:32.540 --> 01:08:35.540]  Does not say may, might, or can if he wants to.
[01:08:35.540 --> 01:08:37.540]  It says shall.
[01:08:37.540 --> 01:08:40.540]  So he fails to perform a duty.
[01:08:40.540 --> 01:08:48.540]  He's required to perform it in the process denied you in your right to procedural due process and the equal protection of the laws.
[01:08:48.540 --> 01:08:50.540]  Gotcha.
[01:08:50.540 --> 01:08:52.540]  Fantastic.
[01:08:52.540 --> 01:08:54.540]  That's ding.
[01:08:54.540 --> 01:08:55.540]  That bell has been rung.
[01:08:55.540 --> 01:08:57.540]  There's no backing up.
[01:08:57.540 --> 01:08:59.540]  Oh, yeah.
[01:08:59.540 --> 01:09:06.540]  So then once you sue this judge, and then you go to the next one.
[01:09:06.540 --> 01:09:10.540]  Your turn.
[01:09:10.540 --> 01:09:12.540]  You're hearing my complaints.
[01:09:12.540 --> 01:09:16.540]  On arrest?
[01:09:16.540 --> 01:09:18.540]  Say that again.
[01:09:18.540 --> 01:09:22.540]  What if the bailiff don't arrest him or should I just go ahead and sue him?
[01:09:22.540 --> 01:09:27.540]  No, you just you need a criminal complaint already made out.
[01:09:27.540 --> 01:09:30.540]  And all you do is sign the judge's name in it.
[01:09:30.540 --> 01:09:36.540]  You're accused the judge of failing to perform a duty he is required to perform and in the process and the duties.
[01:09:36.540 --> 01:09:38.540]  I'll send you the document.
[01:09:38.540 --> 01:09:41.540]  Just send me an email and I'll send you the documents.
[01:09:41.540 --> 01:09:44.540]  I sure will.
[01:09:44.540 --> 01:09:51.540]  You'll have to adjust them a little to your case, but all the case law and the statutes and the arguments are all in there.
[01:09:51.540 --> 01:09:56.540]  All you have to do is change the who's and when's.
[01:09:56.540 --> 01:10:12.540]  I was listening to when y'all got off of the FM station and back in 2008, I was listening to you and I got the biggest chuckle because you were talking about the guy.
[01:10:12.540 --> 01:10:16.540]  I think it was a judge or some prosecutor.
[01:10:16.540 --> 01:10:26.540]  He said you had put out landmine, so to speak, and he didn't know where to step.
[01:10:26.540 --> 01:10:42.540]  In 2008, when I put the Court of Criminal Appeals in front of a grand jury, they demanded a motion for leave to file a writ of habeas corpus.
[01:10:42.540 --> 01:10:45.540]  I told the clerk, say what?
[01:10:45.540 --> 01:10:48.540]  This is the great writ, the writ of right.
[01:10:48.540 --> 01:10:52.540]  This court has no power to grant or deny leave.
[01:10:52.540 --> 01:10:57.540]  Oh, well, I got to have it, or I can't take your pleading.
[01:10:57.540 --> 01:10:58.540]  And it wasn't my fault.
[01:10:58.540 --> 01:11:00.540]  I'm trying to get this kid out of jail.
[01:11:00.540 --> 01:11:05.540]  So I give them a motion for leave to file and they properly denied it.
[01:11:05.540 --> 01:11:07.540]  Is that a fact, Jack?
[01:11:07.540 --> 01:11:08.540]  No.
[01:11:08.540 --> 01:11:11.540]  And wound up getting them all put in front of a grand jury.
[01:11:11.540 --> 01:11:13.540]  That was great fun.
[01:11:13.540 --> 01:11:15.540]  I bet it was.
[01:11:15.540 --> 01:11:16.540]  Yeah.
[01:11:16.540 --> 01:11:17.540]  Well, this is too.
[01:11:17.540 --> 01:11:20.540]  We're judges too.
[01:11:20.540 --> 01:11:31.540]  I just went before a county judge and just had absolutely a wonderful time at their expense.
[01:11:31.540 --> 01:11:38.540]  And I talked to the JP, and his attitude had changed quite a bit.
[01:11:38.540 --> 01:11:45.540]  But it was clear to me in talking to him that he was not intentionally doing anything wrong.
[01:11:45.540 --> 01:11:51.540]  He felt like he was authorized to do what he did,
[01:11:51.540 --> 01:11:57.540]  and he felt like that he shouldn't take a complaint from a citizen.
[01:11:57.540 --> 01:12:00.540]  He believed he was doing right.
[01:12:00.540 --> 01:12:03.540]  He'd just been trained wrong.
[01:12:03.540 --> 01:12:07.540]  So they're not all necessarily evil people.
[01:12:07.540 --> 01:12:12.540]  They just got bad training, and it's our job to retrain them.
[01:12:12.540 --> 01:12:13.540]  Right.
[01:12:13.540 --> 01:12:17.540]  We're giving them a little on-the-job training.
[01:12:17.540 --> 01:12:18.540]  Yes, sir.
[01:12:18.540 --> 01:12:26.540]  I don't have any intent to, you know, get money out of this.
[01:12:26.540 --> 01:12:28.540]  I just want to help.
[01:12:28.540 --> 01:12:30.540]  No, no, no, no, no.
[01:12:30.540 --> 01:12:32.540]  You've got to fix that.
[01:12:32.540 --> 01:12:33.540]  I do.
[01:12:33.540 --> 01:12:39.540]  The only way you get their attention is to get in their pockets.
[01:12:39.540 --> 01:12:42.540]  And they lose their qualified immunity?
[01:12:42.540 --> 01:12:47.540]  Well, they lose it when they fail to perform a duty they're required to perform.
[01:12:47.540 --> 01:12:57.540]  When a judge is required to take a specific action where the judge has no discretion,
[01:12:57.540 --> 01:13:05.540]  then that's an administrative act, and for that act or failure to act, he has no immunity.
[01:13:05.540 --> 01:13:07.540]  That's how I got him.
[01:13:07.540 --> 01:13:09.540]  I swear.
[01:13:09.540 --> 01:13:11.540]  And that's how you'll get him.
[01:13:11.540 --> 01:13:13.540]  So I'm suing them for that here.
[01:13:13.540 --> 01:13:15.540]  You sue them where you're at.
[01:13:15.540 --> 01:13:20.540]  We get a few of these suits out there, and these JPs, they're going to start jumping,
[01:13:20.540 --> 01:13:24.540]  hopping up and down, and they're going to want to find out what's going on.
[01:13:24.540 --> 01:13:25.540]  Why are we getting in trouble?
[01:13:25.540 --> 01:13:27.540]  They've been trying.
[01:13:27.540 --> 01:13:33.540]  I plan to do it because they're the one that trains them.
[01:13:33.540 --> 01:13:36.540]  I'm going to sue them big time.
[01:13:36.540 --> 01:13:41.540]  I'm so glad to replug in, and I want to be a warrior.
[01:13:41.540 --> 01:13:45.540]  And thank you for helping me, and thank you for taking my call.
[01:13:45.540 --> 01:13:47.540]  I'll give you an email.
[01:13:47.540 --> 01:13:48.540]  Send me an email.
[01:13:48.540 --> 01:13:50.540]  I'll send you all the documents.
[01:13:50.540 --> 01:13:51.540]  Okay.
[01:13:51.540 --> 01:13:52.540]  That's a deal.
[01:13:52.540 --> 01:13:53.540]  Thank you.
[01:13:53.540 --> 01:13:54.540]  Good night.
[01:13:54.540 --> 01:13:55.540]  Good night, Brad.
[01:13:55.540 --> 01:13:56.540]  Okay.
[01:13:56.540 --> 01:13:57.540]  Thank you, Kenny.
[01:13:57.540 --> 01:13:58.540]  Okay.
[01:13:58.540 --> 01:13:59.540]  Bye-bye.
[01:13:59.540 --> 01:14:01.540]  We just lost Shane.
[01:14:01.540 --> 01:14:05.540]  Maybe he'll call back.
[01:14:05.540 --> 01:14:06.540]  Let me try.
[01:14:06.540 --> 01:14:08.540]  No, I've got a first-time caller.
[01:14:08.540 --> 01:14:15.540]  I'll take that before I go ahead and try it, see if I can wake up Adam.
[01:14:15.540 --> 01:14:16.540]  Okay.
[01:14:16.540 --> 01:14:25.540]  If you are in the 503 area code, give us a first name and a state.
[01:14:25.540 --> 01:14:27.540]  Is it 503 or 530?
[01:14:27.540 --> 01:14:30.540]  530.
[01:14:30.540 --> 01:14:31.540]  Okay.
[01:14:31.540 --> 01:14:32.540]  Welcome.
[01:14:32.540 --> 01:14:33.540]  What's your name?
[01:14:33.540 --> 01:14:34.540]  First name.
[01:14:34.540 --> 01:14:35.540]  Benjamin.
[01:14:35.540 --> 01:14:36.540]  Okay.
[01:14:36.540 --> 01:14:37.540]  What state was it?
[01:14:37.540 --> 01:14:38.540]  I missed that.
[01:14:38.540 --> 01:14:39.540]  California.
[01:14:39.540 --> 01:14:40.540]  California.
[01:14:40.540 --> 01:14:41.540]  Okay.
[01:14:41.540 --> 01:14:42.540]  We won't hold that against you.
[01:14:42.540 --> 01:14:43.540]  Well, you know, I've heard that the toughest people are in California because we're the
[01:14:43.540 --> 01:14:44.540]  ones fighting the hardest battle.
[01:14:44.540 --> 01:14:45.540]  Okay.
[01:14:45.540 --> 01:14:46.540]  What do you have for us today?
[01:14:46.540 --> 01:14:47.540]  Well, first of all, thank you guys for your service and, you know, just being so kind
[01:14:47.540 --> 01:14:48.540]  to us.
[01:14:48.540 --> 01:14:49.540]  Thank you.
[01:14:49.540 --> 01:14:50.540]  Thank you.
[01:14:50.540 --> 01:15:09.540]  I've spoken to you a little bit through telegram, so I don't know if you're remembering me or
[01:15:09.540 --> 01:15:10.540]  not.
[01:15:10.540 --> 01:15:25.940]  But I'm dealing with a lot of traffic, but the police department pulled me over.
[01:15:25.940 --> 01:15:33.620]  I've kind of gotten into this battle, you know, kind of slowly but surely just civil
[01:15:33.620 --> 01:15:34.620]  noncompliance.
[01:15:34.620 --> 01:15:39.540]  I got arrested in the summer where they were tipping over statues and everything.
[01:15:39.540 --> 01:15:43.860]  I went down to the city council, and they arrested me.
[01:15:43.860 --> 01:15:49.740]  They tried to get me to leave the city council originally for not wearing a mask, and I kind
[01:15:49.740 --> 01:15:54.060]  of pulled the rows of parks on them and just went in there and sat down.
[01:15:54.060 --> 01:15:58.700]  And there was a lot of stuff that, you know, they didn't have any signage on the website
[01:15:58.700 --> 01:16:03.580]  that said that, you know, that it was there at the city council.
[01:16:03.580 --> 01:16:04.580]  They didn't have anything.
[01:16:04.580 --> 01:16:09.020]  To me, they were violating the Brown Act because they weren't providing the public for a place
[01:16:09.020 --> 01:16:14.580]  to view the meeting, so I just went in there and sat down.
[01:16:14.580 --> 01:16:20.260]  Long story short, the mayor called a recess and called the officer who was unsuccessful
[01:16:20.260 --> 01:16:25.980]  at getting me to leave, and I told him politely because there was a meeting in session, and
[01:16:25.980 --> 01:16:30.220]  I just told him politely, you know, if I'm breaking the law, just arrest me.
[01:16:30.220 --> 01:16:38.140]  Otherwise, just, you know, please leave me alone, and I kind of, you guys got to go to
[01:16:38.140 --> 01:16:39.140]  court.
[01:16:39.140 --> 01:16:40.140]  Yeah.
[01:16:40.140 --> 01:16:41.140]  Yeah, there's one coming up here.
[01:16:41.140 --> 01:16:42.140]  That was nice of him.
[01:16:42.140 --> 01:16:45.140]  You asked him to do something, and he actually did it.
[01:16:45.140 --> 01:16:48.140]  Hey, Randy Kelton.
[01:16:48.140 --> 01:16:49.140]  Yeah.
[01:16:49.140 --> 01:16:52.140]  Brett Fountain, Rue La Radio.
[01:16:52.140 --> 01:16:53.140]  We'll be right back.
[01:16:53.140 --> 01:16:56.140]  Yeah, don't go away.
[01:16:56.140 --> 01:17:00.140]  Yeah, stay there.
[01:17:00.140 --> 01:17:05.140]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:17:05.140 --> 01:17:09.140]  Stop debt collectors now with the Michael Mears Proven Method.
[01:17:09.140 --> 01:17:13.140]  Michael Mears has won six cases in federal court against debt collectors, and now you
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[01:17:19.140 --> 01:17:25.140]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[01:17:25.140 --> 01:17:29.140]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
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[01:17:40.140 --> 01:17:46.140]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:17:46.140 --> 01:17:49.140]  or email michaelmears at yahoo.com.
[01:17:49.140 --> 01:17:58.140]  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
[01:17:58.140 --> 01:18:00.140]  collectors now.
[01:18:00.140 --> 01:18:01.140]  I love logos.
[01:18:01.140 --> 01:18:04.140]  Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.140 --> 01:18:07.140]  I'm so addicted to the truth now that there's no going back.
[01:18:07.140 --> 01:18:08.140]  I need my truth fix.
[01:18:08.140 --> 01:18:13.140]  I'd be lost without logos, and I really want to help keep this network on the air.
[01:18:13.140 --> 01:18:17.140]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't
[01:18:17.140 --> 01:18:20.140]  have any money to give because I spent it all on supplements.
[01:18:20.140 --> 01:18:22.140]  How can I help logos?
[01:18:22.140 --> 01:18:24.140]  Well, I'm glad you asked.
[01:18:24.140 --> 01:18:27.140]  Whenever you order anything from Amazon, you can help logos.
[01:18:27.140 --> 01:18:29.140]  You can order them in your supplies or holiday gifts.
[01:18:29.140 --> 01:18:31.140]  First thing you do is clear your cookies.
[01:18:31.140 --> 01:18:34.140]  Now, go to logosradionetwork.com.
[01:18:34.140 --> 01:18:37.140]  Click on the Amazon logo and bookmark it.
[01:18:37.140 --> 01:18:43.140]  Now, when you order anything from Amazon, you use that link, and logos gets a few pesos.
[01:18:43.140 --> 01:18:44.140]  Do I pay extra?
[01:18:44.140 --> 01:18:45.140]  No.
[01:18:45.140 --> 01:18:47.140]  Do you have to do anything different when I order?
[01:18:47.140 --> 01:18:48.140]  No.
[01:18:48.140 --> 01:18:49.140]  Can I use my Amazon Prime?
[01:18:49.140 --> 01:18:50.140]  No.
[01:18:50.140 --> 01:18:51.140]  I mean, yes.
[01:18:51.140 --> 01:18:52.140]  Wow.
[01:18:52.140 --> 01:18:54.140]  Giving without doing anything or spending any money.
[01:18:54.140 --> 01:18:55.140]  This is perfect.
[01:18:55.140 --> 01:18:57.140]  Thank you so much.
[01:18:57.140 --> 01:18:58.140]  You're welcome.
[01:18:58.140 --> 01:19:00.140]  Happy holidays, logos.
[01:19:28.140 --> 01:19:30.140]  Thank you.
[01:19:58.140 --> 01:20:00.140]  Happy holidays, logos.
[01:20:28.140 --> 01:20:47.020]  Okay.
[01:20:47.020 --> 01:20:48.020]  We are back.
[01:20:48.020 --> 01:20:54.140]  Randy Kelton, Brett Fountain, Wheel of Law Radio, and we're talking to Benjamin in California.
[01:20:54.140 --> 01:21:01.140]  We were just at the point where he ordered them to either leave him alone or arrest him,
[01:21:01.140 --> 01:21:04.140]  and they accommodated him by arresting him.
[01:21:04.140 --> 01:21:05.140]  Okay.
[01:21:05.140 --> 01:21:06.140]  Go ahead, Benjamin.
[01:21:06.140 --> 01:21:07.140]  Yeah.
[01:21:07.140 --> 01:21:13.780]  So, the mayor ended up having the police officer come back and speaking to me, and he gave
[01:21:13.780 --> 01:21:17.140]  me a more formal warning at that point.
[01:21:17.140 --> 01:21:23.380]  Four other officers walked through the door, and I just politely told them that my position
[01:21:23.380 --> 01:21:24.380]  hadn't changed.
[01:21:24.380 --> 01:21:29.220]  He kind of waved them over, and I stood up, and they cuffed me and took me out.
[01:21:29.220 --> 01:21:34.020]  I asked the officers as I was walking out, what were they arresting me for, because originally
[01:21:34.020 --> 01:21:39.660]  they just said that I couldn't be in there because of COVID and the mask mandates and
[01:21:39.660 --> 01:21:42.660]  blah, blah, blah.
[01:21:42.660 --> 01:21:43.660]  I just kind of curious.
[01:21:43.660 --> 01:21:49.140]  I said, what am I being arrested for, and they said trespassing and resisting arrest.
[01:21:49.140 --> 01:21:54.980]  So, they went and booked me and gave me my ticket, and I got out.
[01:21:54.980 --> 01:22:02.780]  So, I got my court date, and through a series of events, which I think were totally divine,
[01:22:02.780 --> 01:22:09.060]  I met up with some people in the area that are part of a political group that they kind
[01:22:09.060 --> 01:22:14.860]  of show up to court cases and stuff and just support people.
[01:22:14.860 --> 01:22:21.580]  I invited them, and they ended up dropping the charges, long story short.
[01:22:21.580 --> 01:22:26.100]  We went back, and I took a bunch of people back with me, and we kind of-
[01:22:26.100 --> 01:22:27.540]  Wait, wait, wait, wait.
[01:22:27.540 --> 01:22:30.380]  That part wasn't finished.
[01:22:30.380 --> 01:22:31.860]  They dropped the charges.
[01:22:31.860 --> 01:22:35.380]  Did you sue them for arresting you?
[01:22:35.380 --> 01:22:36.380]  No.
[01:22:36.380 --> 01:22:37.380]  No.
[01:22:37.380 --> 01:22:41.660]  Did you file criminal charges against the police officers for tampering with a government
[01:22:41.660 --> 01:22:45.100]  document and false imprisonment?
[01:22:45.100 --> 01:22:47.540]  No, and I think it's not you.
[01:22:47.540 --> 01:22:49.540]  Not yet, you mean?
[01:22:49.540 --> 01:22:51.540]  Well, is it-
[01:22:51.540 --> 01:22:55.420]  This is how we change it.
[01:22:55.420 --> 01:23:01.140]  We don't change it by winking at their discords, to quote Shakespeare.
[01:23:01.140 --> 01:23:05.260]  We set them up to do something wrong and then sting them good.
[01:23:05.260 --> 01:23:12.500]  If you file professional conduct complaints against the police officers and aggravated
[01:23:12.500 --> 01:23:19.820]  perjury charges for falsifying the government documents, it'll give them reason to conduct
[01:23:19.820 --> 01:23:25.460]  themselves with a little more dignity and civility.
[01:23:25.460 --> 01:23:27.580]  As it is, they pretty well do whatever they want to.
[01:23:27.580 --> 01:23:28.580]  Nobody cares.
[01:23:28.580 --> 01:23:29.580]  Okay, go ahead.
[01:23:29.580 --> 01:23:30.580]  Go back.
[01:23:30.580 --> 01:23:31.580]  Go back.
[01:23:31.580 --> 01:23:34.580]  You got this group you were working with?
[01:23:34.580 --> 01:23:44.140]  Well, I do want to ask a question because at this point, I know that there was a false
[01:23:44.140 --> 01:23:47.740]  arrest or I guess all that stuff.
[01:23:47.740 --> 01:23:52.260]  I didn't consider those things as far as checking the statute of limitation to see if that's
[01:23:52.260 --> 01:23:57.700]  been passed because it's been maybe two years now.
[01:23:57.700 --> 01:24:02.940]  I was just, to be honest with you, I was so early in the game with all this stuff.
[01:24:02.940 --> 01:24:10.180]  I'm just getting into learning the court processes and actually how to go on the attack.
[01:24:10.180 --> 01:24:16.300]  I would love to dig that case up, but I don't know if I can at this point.
[01:24:16.300 --> 01:24:19.980]  Take a look at the dates that were involved.
[01:24:19.980 --> 01:24:25.500]  If it's right on the cusp, then maybe you still can, then jump on it.
[01:24:25.500 --> 01:24:26.500]  Think about this.
[01:24:26.500 --> 01:24:27.500]  Okay.
[01:24:27.500 --> 01:24:28.500]  You have like a little sister.
[01:24:28.500 --> 01:24:32.020]  Imagine if it would have happened to her.
[01:24:32.020 --> 01:24:34.580]  Or your mom.
[01:24:34.580 --> 01:24:42.460]  But as to time limits, statute of limitations is not a bar.
[01:24:42.460 --> 01:24:49.100]  Statute of limitations is an affirmative defense that must be pled.
[01:24:49.100 --> 01:24:56.740]  So you can go ahead and file no matter how long it was, no matter how long ago it was.
[01:24:56.740 --> 01:25:03.020]  If they want to object for statute of limitations, let them, but they generally have to hire
[01:25:03.020 --> 01:25:04.500]  a lawyer to do that.
[01:25:04.500 --> 01:25:09.100]  When you sue them, it gets everybody's attention.
[01:25:09.100 --> 01:25:14.940]  Martichet was on last night and he sued a municipality.
[01:25:14.940 --> 01:25:22.900]  And subsequent to that, a friend of his had some guns taken by the police and he told
[01:25:22.900 --> 01:25:29.140]  him to call down the city and tell them that either you get my guns back or I've got Martichet
[01:25:29.140 --> 01:25:31.740]  as a friend of mine and we'll sue you.
[01:25:31.740 --> 01:25:37.180]  They got his guns back, Toronto.
[01:25:37.180 --> 01:25:42.180]  They knew for certain that Martichet would sue them because he already had.
[01:25:42.180 --> 01:25:43.740]  It's not that hard to sue.
[01:25:43.740 --> 01:25:49.140]  If we're going to change things, we have to take them on.
[01:25:49.140 --> 01:25:51.580]  Are you still working with this group?
[01:25:51.580 --> 01:25:59.420]  They're in the area and I haven't reached out to them in a while.
[01:25:59.420 --> 01:26:01.020]  We got some things accomplished.
[01:26:01.020 --> 01:26:05.740]  They had our city hall closed and we just ransacked it and went in there and tore the
[01:26:05.740 --> 01:26:11.540]  tapes off and we just kind of did a sit-in type of thing and they opened it up after
[01:26:11.540 --> 01:26:12.540]  that.
[01:26:12.540 --> 01:26:20.260]  A lot's happened since then and personal life, being a father and having to work, I was happy
[01:26:20.260 --> 01:26:26.540]  with that but I do agree with you, you know, maybe looking into that but right now I have
[01:26:26.540 --> 01:26:32.300]  a registration citation that I got to deal with and I want to make sure that I deal with
[01:26:32.300 --> 01:26:38.180]  it properly in a timely manner and I don't just, you know, default or whatever.
[01:26:38.180 --> 01:26:44.980]  Oh yeah, did you take a look and see about the registration, is that an arrestable offense
[01:26:44.980 --> 01:26:45.980]  in California?
[01:26:45.980 --> 01:26:46.980]  That's-
[01:26:46.980 --> 01:26:51.540]  Because in Texas it's not, that's not something they can pull you over for.
[01:26:51.540 --> 01:26:58.420]  It's something you can get a ticket for if you're pulled over for some legitimate reason
[01:26:58.420 --> 01:27:03.860]  but it's not something they could start trouble with.
[01:27:03.860 --> 01:27:10.980]  I'm having a hard time like finding where, I mean, I looked in the vehicle code and it
[01:27:10.980 --> 01:27:17.260]  doesn't really give a lot of information as far as like what they can pull you over for.
[01:27:17.260 --> 01:27:28.060]  Okay, take a look at Texas, look at the Texas transportation code, look at section 543.001
[01:27:28.060 --> 01:27:33.980]  and see if you can find some similar language, maybe using just find in the language of the
[01:27:33.980 --> 01:27:38.260]  California code, maybe you can find some similar language.
[01:27:38.260 --> 01:27:43.500]  Okay, Texas transportation code.
[01:27:43.500 --> 01:27:47.740]  Transportation code, yes, and 543.001.
[01:27:47.740 --> 01:27:55.820]  The government put, back in the 40s, put together a model transportation code and they did that
[01:27:55.820 --> 01:28:02.540]  because they wanted all the states to adopt this so that the codes would be very similar
[01:28:02.540 --> 01:28:09.300]  state to state so that if you moved from one state to another you would pretty well know
[01:28:09.300 --> 01:28:11.300]  what the law was.
[01:28:11.300 --> 01:28:17.660]  So for the most part all of these codes are going to be very similar.
[01:28:17.660 --> 01:28:25.180]  I think Ohio changed the weight line from 13 tons to 12 tons but everybody else is pretty
[01:28:25.180 --> 01:28:29.140]  much, sticks to the same rules.
[01:28:29.140 --> 01:28:36.980]  Yes, so they're real close but get the code and just kind of cruise through the whole
[01:28:36.980 --> 01:28:37.980]  thing.
[01:28:37.980 --> 01:28:38.980]  Okay.
[01:28:38.980 --> 01:28:45.900]  Don't, don't read it in detail, just, you know, you start reading the code and it will
[01:28:45.900 --> 01:28:50.020]  kind of tell you what it's about, you don't have to read the whole thing, just kind of
[01:28:50.020 --> 01:28:55.940]  cruise through it and that will give you a general overview of what all is in there.
[01:28:55.940 --> 01:29:01.140]  Then when you go back and start looking for things that will set what in NLP they call
[01:29:01.140 --> 01:29:03.460]  referential index.
[01:29:03.460 --> 01:29:09.460]  You'll have little contextual markers in your mind so that when you have an issue you'll
[01:29:09.460 --> 01:29:12.580]  have places you can go to relatively quickly.
[01:29:12.580 --> 01:29:18.460]  So don't try to study the code and understand everything while you're reading it, just read
[01:29:18.460 --> 01:29:23.940]  through it and then best thing is to go back and read it a second time then it all begins
[01:29:23.940 --> 01:29:26.740]  to make sense.
[01:29:26.740 --> 01:29:29.660]  Then we get to have a whole different conversation.
[01:29:29.660 --> 01:29:30.660]  Okay.
[01:29:30.660 --> 01:29:37.060]  Okay, do you have anything else for us?
[01:29:37.060 --> 01:29:44.340]  Well, I did have a couple other questions regarding what I'm dealing with and that's
[01:29:44.340 --> 01:29:45.340]  okay.
[01:29:45.340 --> 01:29:49.780]  Okay, okay, well hang on, I'm going to check because we're going to our sponsors.
[01:29:49.780 --> 01:29:54.340]  So we'll pick this up on the other side, Randy Kelton, Brett Fountain, Root of Law Radio.
[01:29:54.340 --> 01:29:56.340]  We do have an empty slot.
[01:29:56.340 --> 01:29:59.340]  Call in number 512-646-1984.
[01:29:59.340 --> 01:30:04.860]  A top cybersecurity expert has a warning for America.
[01:30:04.860 --> 01:30:10.500]  If you build an electrical smart grid, the hackers will come and they could cause a catastrophic
[01:30:10.500 --> 01:30:11.500]  blackout.
[01:30:11.500 --> 01:30:16.340]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[01:30:16.340 --> 01:30:18.060]  Privacy is under attack.
[01:30:18.060 --> 01:30:22.460]  When you give up data about yourself, you'll never get it back again and once your privacy
[01:30:22.460 --> 01:30:26.660]  is gone, you'll find your freedoms will start to vanish too.
[01:30:26.660 --> 01:30:31.860]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:31.860 --> 01:30:34.420]  Privacy, it's worth hanging on to.
[01:30:34.420 --> 01:30:40.060]  This message is brought to you by Startpage.com, the private search engine alternative to Google,
[01:30:40.060 --> 01:30:41.780]  Yahoo and Bing.
[01:30:41.780 --> 01:30:45.900]  Start over with Startpage.
[01:30:45.900 --> 01:30:50.020]  Hackers love power, so it's only natural they'd want to control the power going into your
[01:30:50.020 --> 01:30:52.020]  home too with a smart grid.
[01:30:52.020 --> 01:30:56.620]  So they're installing a national network of smart meters to remotely monitor electric
[01:30:56.620 --> 01:30:59.740]  use for efficiency and avoid grid failure.
[01:30:59.740 --> 01:31:03.220]  But cybersecurity expert David Chalk says not so fast.
[01:31:03.220 --> 01:31:07.740]  If we make the national power grid controllable through the web, hackers will have a field
[01:31:07.740 --> 01:31:08.740]  day.
[01:31:08.740 --> 01:31:13.740]  Working remotely, they could tap in and blackout the entire nation, leaving us vulnerable to
[01:31:13.740 --> 01:31:14.740]  our enemies.
[01:31:14.740 --> 01:31:18.940]  I've long opposed smart meters for privacy and health reasons.
[01:31:18.940 --> 01:31:23.380]  The catastrophic failures caused by hackers, there's nothing smart about that.
[01:31:23.380 --> 01:31:31.420]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
[01:31:31.420 --> 01:31:36.780]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.780 --> 01:31:38.940]  The government says that fire brought it down.
[01:31:38.940 --> 01:31:43.860]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.860 --> 01:31:47.940]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:47.940 --> 01:31:49.300]  first responders are dying.
[01:31:49.300 --> 01:31:52.860]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction
[01:31:52.860 --> 01:31:57.100]  officer, I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we
[01:31:57.100 --> 01:31:58.420]  deserve the truth.
[01:31:58.420 --> 01:32:01.420]  Go to RememberBuilding7.org today.
[01:32:01.420 --> 01:32:05.820]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[01:32:05.820 --> 01:32:09.660]  In today's America, we live in an us-against-them society, and if we the people are ever going
[01:32:09.660 --> 01:32:13.500]  to have a free society, then we're going to have to stand and defend our own rights.
[01:32:13.500 --> 01:32:16.820]  Among those rights are the right to travel freely from place to place, the right to act
[01:32:16.820 --> 01:32:20.540]  in our own private capacity, and most importantly, the right to due process of law.
[01:32:20.540 --> 01:32:24.700]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[01:32:24.700 --> 01:32:26.140]  our rights through due process.
[01:32:26.140 --> 01:32:30.060]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[01:32:30.060 --> 01:32:33.820]  most comprehensive teaching tool available that will help you understand what due process
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[01:33:12.900 --> 01:33:27.860]  I see a tool, I see a tool, yeah we're talking about the tools of ingenuity, the use against
[01:33:27.860 --> 01:33:36.340]  the markers of iniquity, the tools of mass capability, the failure of our own eternity,
[01:33:36.340 --> 01:33:43.700]  they come from natural amenities, they set fast rules and authenticity, the tools of
[01:33:43.700 --> 01:33:53.460]  regal ignity, the rebuild of crime divinity, and I say, truth in nature must be justice,
[01:33:53.460 --> 01:34:05.060]  I believe, truth in nature must be justice, and love is a daunting task, at least I got
[01:34:05.060 --> 01:34:12.020]  to see disease, and I said tomorrow to just take off the silly mask, and in the light
[01:34:12.020 --> 01:34:20.500]  of day we all will pass, the tools of ingenuity, the tools of workers of iniquity, the tools
[01:34:20.500 --> 01:34:50.260]  of ingenuity, the tools of workers of iniquity.
[01:34:50.260 --> 01:34:54.980]  Okay, we are back, Randy Kelton, Brett Fountain, ruleoflawradio, and we're talking to Benjamin
[01:34:54.980 --> 01:34:55.980]  and...
[01:34:55.980 --> 01:34:59.460]  Okay, Benjamin, you had some more questions.
[01:34:59.460 --> 01:35:07.780]  Yeah, I guess just, you know, I'm having a hard time committing to exactly what I'm
[01:35:07.780 --> 01:35:11.020]  trying to do in this, with this ticket.
[01:35:11.020 --> 01:35:17.140]  I've had a few different, you know, obviously, Brett, your take and view on how to approach
[01:35:17.140 --> 01:35:23.020]  it, and then I've listened to what Alphonse does, and I'm just having a hard time committing
[01:35:23.020 --> 01:35:29.700]  to as far as what my approach should be, and I guess I'm trying to find where they screwed
[01:35:29.700 --> 01:35:35.860]  up in their own process and have them kind of disqualified for that, and I am finding
[01:35:35.860 --> 01:35:38.940]  some stuff, but like, for instance, and I'll just read this real quick, and I don't want
[01:35:38.940 --> 01:35:46.420]  to take up too much more of your guys' time, but in the criminal procedure, Title II, number
[01:35:46.420 --> 01:35:51.340]  740, it says, except when otherwise provided by law, all misdemeanors and infractions must
[01:35:51.340 --> 01:35:57.220]  be prosecuted by written complaint under oath, subscribed by the complaint, and such complaint
[01:35:57.220 --> 01:35:59.940]  may be verified on information and belief.
[01:35:59.940 --> 01:36:07.500]  So the only part that confuses me is it says, except otherwise provided by law, so when
[01:36:07.500 --> 01:36:12.980]  it says that, it's like, okay, that obviously tells me that this ticket or citation doesn't
[01:36:12.980 --> 01:36:16.740]  qualify as a complaint, right?
[01:36:16.740 --> 01:36:24.660]  No, that's not necessarily what they're saying, as otherwise qualified by law, that can go
[01:36:24.660 --> 01:36:27.180]  to indictments.
[01:36:27.180 --> 01:36:34.380]  There might be something else that's somewhere that's a provision that the legislature has
[01:36:34.380 --> 01:36:40.380]  made, and they've carved out some exception somewhere.
[01:36:40.380 --> 01:36:51.340]  Okay, I mean, that doesn't necessarily mean that the ticket is not a complaint.
[01:36:51.340 --> 01:36:57.780]  We've had a number of people from California argue that issue, but I don't know enough
[01:36:57.780 --> 01:37:00.700]  to address that.
[01:37:00.700 --> 01:37:09.460]  We may have somebody who does, but Brett, are you well-grounded in California transportation
[01:37:09.460 --> 01:37:10.460]  code?
[01:37:10.460 --> 01:37:17.700]  No, but you're in the right place, you're looking in the right place, and you're close
[01:37:17.700 --> 01:37:24.980]  to finding where it's going to say the sufficiency of a complaint, and then you can look at those
[01:37:24.980 --> 01:37:29.540]  like bullet points and just checklists and take a look at the citation.
[01:37:29.540 --> 01:37:32.420]  Does the citation meet those?
[01:37:32.420 --> 01:37:39.220]  Perhaps the fact that it was sworn, or it's required to be sworn, and it wasn't sworn,
[01:37:39.220 --> 01:37:47.100]  and then they might be otherwise able to use it as a complaint except it wasn't sworn,
[01:37:47.100 --> 01:37:49.460]  and so it doesn't meet the sufficiency requirements.
[01:37:49.460 --> 01:37:50.460]  You know what I mean?
[01:37:50.460 --> 01:37:56.460]  Because out there on the side of the road, they're not swearing it in front of anybody.
[01:37:56.460 --> 01:37:57.460]  Right.
[01:37:57.460 --> 01:38:02.980]  Well, the part that confuses me is the except otherwise provided by law, and it's like there's
[01:38:02.980 --> 01:38:06.020]  all kinds of freaking law out there, where am I going to find that?
[01:38:06.020 --> 01:38:07.020]  Exactly.
[01:38:07.020 --> 01:38:14.980]  So I can make the argument and make the defense or the plaintiff or whatever, prove that there
[01:38:14.980 --> 01:38:18.820]  is provision under the law.
[01:38:18.820 --> 01:38:19.820]  Right.
[01:38:19.820 --> 01:38:20.820]  Right.
[01:38:20.820 --> 01:38:27.580]  So, I guess, okay, my last question, I promise, they sent me a letter and it basically is
[01:38:27.580 --> 01:38:34.020]  telling me, you know, I can pay, I can, you know, I can plead guilty or not guilty or
[01:38:34.020 --> 01:38:37.940]  something by declaration.
[01:38:37.940 --> 01:38:39.740]  Is this all part of the process?
[01:38:39.740 --> 01:38:42.500]  I mean, do they actually have a complaint?
[01:38:42.500 --> 01:38:43.500]  Should there be some proceedings?
[01:38:43.500 --> 01:38:48.420]  Should there be something else in my file other than case summary and a citation that's
[01:38:48.420 --> 01:38:53.540]  going to actually say that I'm like, there's charges against me or?
[01:38:53.540 --> 01:39:01.980]  Well, that's a good question for the way California criminal procedure is set up and what documents
[01:39:01.980 --> 01:39:02.980]  are needed.
[01:39:02.980 --> 01:39:04.260]  In Texas, it wouldn't be enough.
[01:39:04.260 --> 01:39:12.700]  We just have to look and see what does California say about how do they start a crime?
[01:39:12.700 --> 01:39:13.700]  Okay.
[01:39:13.700 --> 01:39:16.700]  All righty.
[01:39:16.700 --> 01:39:18.140]  Okay.
[01:39:18.140 --> 01:39:19.140]  Thank you, Benjamin.
[01:39:19.140 --> 01:39:20.140]  Yeah.
[01:39:20.140 --> 01:39:21.140]  Okay.
[01:39:21.140 --> 01:39:23.180]  Now we're going to go to Marty Shea.
[01:39:23.180 --> 01:39:29.220]  I'm going to Marty Shea because I believe he has a comment on what was already addressed
[01:39:29.220 --> 01:39:30.220]  here.
[01:39:30.220 --> 01:39:31.540]  Hello, Marty Shea.
[01:39:31.540 --> 01:39:35.780]  What do you have for us today?
[01:39:35.780 --> 01:39:45.580]  I wanted to see if you could advise me on, I'm finishing up writing the lawsuit, but
[01:39:45.580 --> 01:39:52.540]  I wanted to know the, what should I be asking for harm?
[01:39:52.540 --> 01:39:55.780]  How should that look like the relief part?
[01:39:55.780 --> 01:40:03.980]  I know I have to file, I have to ask for injunctions to reinstate my license while I was going
[01:40:03.980 --> 01:40:14.620]  through the case, but as far as relief, the pain and suffering of the other one, punitive
[01:40:14.620 --> 01:40:18.100]  in a situation like this, what's the punitive?
[01:40:18.100 --> 01:40:21.020]  What should I ask for?
[01:40:21.020 --> 01:40:22.020]  I don't know.
[01:40:22.020 --> 01:40:26.780]  I might do a search for a list of causes of action.
[01:40:26.780 --> 01:40:30.900]  List of causes of action?
[01:40:30.900 --> 01:40:36.140]  Generally the name of it will stand out to you pretty well as to what it is.
[01:40:36.140 --> 01:40:44.100]  I have a litigation guide here and it's O'Connor's causes of action.
[01:40:44.100 --> 01:40:50.780]  And on the inside of the front cover, it has a list of all of the different causes of action.
[01:40:50.780 --> 01:40:57.620]  And every time I'm trying to address an issue for someone producing a lawsuit, I go down
[01:40:57.620 --> 01:41:02.700]  those causes of action because the names are pretty descriptive and they will jump out
[01:41:02.700 --> 01:41:03.700]  at you.
[01:41:03.700 --> 01:41:07.780]  The only name that's not descriptive is quantum merit.
[01:41:07.780 --> 01:41:13.180]  And quantum merit suit is a suit against an insurance company for not paying their claims.
[01:41:13.180 --> 01:41:22.020]  But the rest of them, fraud, exposure, they're all descriptive and you will find causes of
[01:41:22.020 --> 01:41:24.700]  actions you don't.
[01:41:24.700 --> 01:41:30.220]  So just do a search for causes of action in Florida and you're likely to get a whole list
[01:41:30.220 --> 01:41:36.040]  of them, walk down them and it will tell you what you can claim.
[01:41:36.040 --> 01:41:43.340]  Because each claim you make, each cause of action will have a set of elements.
[01:41:43.340 --> 01:41:52.920]  You have to prove up each or you have to allege each of the elements and you can't just allege
[01:41:52.920 --> 01:41:54.620]  the element by name.
[01:41:54.620 --> 01:42:04.860]  You have to present facts supporting a claim for each element like fraud by non-disclosure.
[01:42:04.860 --> 01:42:12.300]  Fraud by non-disclosure requires that someone gave a voluntary statement of fact.
[01:42:12.300 --> 01:42:16.060]  That statement of fact was not true.
[01:42:16.060 --> 01:42:21.460]  The one who made the statement knew that it was not true.
[01:42:21.460 --> 01:42:30.540]  The other party, the claimant had reason to believe that the other party wasn't aware
[01:42:30.540 --> 01:42:36.620]  that it wasn't true and the other party did not have equal access to information to determine
[01:42:36.620 --> 01:42:46.060]  that it wasn't true like something that goes to internal company information that the person
[01:42:46.060 --> 01:42:54.860]  made a decision based on that voluntary statement and the person was harmed thereby.
[01:42:54.860 --> 01:43:03.340]  You have to allege and provide evidence for each one of those, otherwise you don't have
[01:43:03.340 --> 01:43:04.340]  a claim.
[01:43:04.340 --> 01:43:10.420]  So look up causes of action and then pick the one that looks like it will fit and then
[01:43:10.420 --> 01:43:14.380]  find the elements that you have to address.
[01:43:14.380 --> 01:43:16.700]  Okay, I understand that.
[01:43:16.700 --> 01:43:27.580]  But let's say if you win the suit, I'm referring to the release requested.
[01:43:27.580 --> 01:43:30.180]  That has to be, yeah, that's what we're talking about.
[01:43:30.180 --> 01:43:35.820]  That will be in the elements of the cause of action.
[01:43:35.820 --> 01:43:42.300]  For each cause of action, you can look in the case law to find out what kind of claims
[01:43:42.300 --> 01:43:45.700]  you can make under the particular cause of action.
[01:43:45.700 --> 01:43:46.700]  Okay.
[01:43:46.700 --> 01:43:47.700]  Okay.
[01:43:47.700 --> 01:43:48.700]  Okay.
[01:43:48.700 --> 01:43:49.700]  I'm sorry.
[01:43:49.700 --> 01:43:52.700]  Do you have any more comments?
[01:43:52.700 --> 01:43:53.700]  No.
[01:43:53.700 --> 01:43:54.700]  Okay.
[01:43:54.700 --> 01:43:55.700]  Yes, we have.
[01:43:55.700 --> 01:43:56.700]  We do have.
[01:43:56.700 --> 01:43:57.700]  Of course.
[01:43:57.700 --> 01:44:05.700]  Through advances in technology, our lives have greatly improved except in the area of
[01:44:05.700 --> 01:44:06.700]  nutrition.
[01:44:06.700 --> 01:44:11.420]  People feed their pets better than they feed themselves and it's time we changed all that.
[01:44:11.420 --> 01:44:17.140]  Our primary defense against aging and disease in this toxic environment is good nutrition.
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[01:44:36.900 --> 01:44:43.500]  Alex Jones, Ben Fuchs, and many others, who you order from logosradionetwork.com, your
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[01:44:59.260 --> 01:45:06.620]  Are you the plaintiff or defendant in a lawsuit?
[01:45:06.620 --> 01:45:13.420]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
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[01:46:24.500 --> 01:46:39.300]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and Marty Shea, we've got
[01:46:39.300 --> 01:46:42.100]  one segment and a board full of callers.
[01:46:42.100 --> 01:46:43.100]  Okay.
[01:46:43.100 --> 01:46:44.100]  All right.
[01:46:44.100 --> 01:46:47.100]  I'll call back next week, man.
[01:46:47.100 --> 01:46:48.100]  Okay, thank you.
[01:46:48.100 --> 01:46:49.100]  All right.
[01:46:49.100 --> 01:46:54.820]  Okay, now we're going to go to Ted in California.
[01:46:54.820 --> 01:46:56.540]  Hello, Ted.
[01:46:56.540 --> 01:46:59.020]  What do you have for us today?
[01:46:59.020 --> 01:47:06.060]  Well, just real quick, I need to...
[01:47:06.060 --> 01:47:17.940]  Sometimes you made me realize I need to sue the public defender specifically just for
[01:47:17.940 --> 01:47:21.580]  screaming at me, why don't I have another heart attack and die?
[01:47:21.580 --> 01:47:26.860]  Oh, yeah, and he has zero immunity.
[01:47:26.860 --> 01:47:36.140]  I need some kind of boilerplate suit that I can put in real quick.
[01:47:36.140 --> 01:47:38.340]  Send me a statement of facts.
[01:47:38.340 --> 01:47:39.340]  Okay.
[01:47:39.340 --> 01:47:44.980]  I'll put together a set of causes of action.
[01:47:44.980 --> 01:47:54.500]  Okay, and I have to have this filed by the 15th, and I'm currently out of town, but I
[01:47:54.500 --> 01:48:01.340]  do have a computer with me, I just got to my mom's tonight, but I have people that can
[01:48:01.340 --> 01:48:02.340]  help me.
[01:48:02.340 --> 01:48:05.340]  I just want to get this filed and get it in.
[01:48:05.340 --> 01:48:06.340]  And...
[01:48:06.340 --> 01:48:13.980]  Okay, send me a statement of facts, I'll pull out some causes of actions and put the thing
[01:48:13.980 --> 01:48:19.700]  together and just leave spaces for you to put in, fill in any empty spaces where facts
[01:48:19.700 --> 01:48:20.700]  are missing.
[01:48:20.700 --> 01:48:21.700]  Okay.
[01:48:21.700 --> 01:48:27.540]  And I know you have a full board, so I'll call next Thursday and we can talk about my
[01:48:27.540 --> 01:48:30.020]  complete dismissal of all charges.
[01:48:30.020 --> 01:48:32.820]  Oh, you got a complete dismissal.
[01:48:32.820 --> 01:48:33.820]  Oh, wonderful.
[01:48:33.820 --> 01:48:34.820]  Randy.
[01:48:34.820 --> 01:48:35.820]  This is good news.
[01:48:35.820 --> 01:48:36.820]  Wow.
[01:48:36.820 --> 01:48:37.820]  Do it.
[01:48:37.820 --> 01:48:40.820]  I thought you took a deal.
[01:48:40.820 --> 01:48:41.820]  Wow.
[01:48:41.820 --> 01:48:42.820]  No.
[01:48:42.820 --> 01:48:49.620]  We came, we saw, we kicked their behinds, and it only took seven years.
[01:48:49.620 --> 01:48:50.620]  Congratulations.
[01:48:50.620 --> 01:48:57.340]  Oh, these guys are toast.
[01:48:57.340 --> 01:49:02.180]  And their clock just started.
[01:49:02.180 --> 01:49:05.220]  So everything they've done, the clock wasn't...
[01:49:05.220 --> 01:49:12.660]  Randy, did we lose you?
[01:49:12.660 --> 01:49:17.220]  You said everything they've done?
[01:49:17.220 --> 01:49:18.220]  He's gone.
[01:49:18.220 --> 01:49:19.220]  Okay.
[01:49:19.220 --> 01:49:20.220]  We'll get him.
[01:49:20.220 --> 01:49:24.340]  Oh, I'm here.
[01:49:24.340 --> 01:49:25.340]  We're losing Randy.
[01:49:25.340 --> 01:49:26.340]  No, we're losing you.
[01:49:26.340 --> 01:49:27.340]  Okay.
[01:49:27.340 --> 01:49:28.340]  You're both back now.
[01:49:28.340 --> 01:49:29.340]  Okay.
[01:49:29.340 --> 01:49:30.340]  We're both back now.
[01:49:30.340 --> 01:49:31.340]  Okay.
[01:49:31.340 --> 01:49:42.380]  Send me that, send me a statement of facts and I'll build you something.
[01:49:42.380 --> 01:49:43.380]  Okay.
[01:49:43.380 --> 01:49:44.380]  Thank you, sir.
[01:49:44.380 --> 01:49:45.380]  Okay.
[01:49:45.380 --> 01:49:46.380]  Thank you, Ted.
[01:49:46.380 --> 01:49:49.180]  Now we're going to John in New York.
[01:49:49.180 --> 01:49:50.180]  Hello, John.
[01:49:50.180 --> 01:49:51.180]  John in New York.
[01:49:51.180 --> 01:49:52.180]  John in New York.
[01:49:52.180 --> 01:49:53.180]  Hi, Randy.
[01:49:53.180 --> 01:49:54.180]  Hi, Brent.
[01:49:54.180 --> 01:49:57.180]  You've got nine whole minutes.
[01:49:57.180 --> 01:50:02.460]  Well, I'll take even less, maybe you can get another caller.
[01:50:02.460 --> 01:50:09.300]  Long story short, Kathy Hochul, the governor of New York, and the state legislature, they
[01:50:09.300 --> 01:50:14.980]  suffered a setback because a federal judge started striking down certain parts of her
[01:50:14.980 --> 01:50:17.100]  gun laws.
[01:50:17.100 --> 01:50:24.620]  And we call them her gun laws because since she got in, everything has been even worse
[01:50:24.620 --> 01:50:26.220]  than when Cuomo was here.
[01:50:26.220 --> 01:50:27.220]  And that's what I predicted.
[01:50:27.220 --> 01:50:32.660]  I knew that she would have to prove to the big bosses upstairs that she was a good little
[01:50:32.660 --> 01:50:36.100]  soldier and she could keep everybody on the run.
[01:50:36.100 --> 01:50:42.180]  So anyway, I tried to read the press release or press releases, and as usual, the way they
[01:50:42.180 --> 01:50:45.380]  write them, they write them in a nebulous fashion.
[01:50:45.380 --> 01:50:50.260]  I mean, I wrote a lot of news stories in a 40-year period.
[01:50:50.260 --> 01:50:57.580]  And for the station, I wrote somewhere between 20 and 50,000 stories.
[01:50:57.580 --> 01:51:04.900]  And for United Press International and Associated Press, I probably wrote somewhere under a
[01:51:04.900 --> 01:51:11.300]  thousand stories in a 40-year period anyway, but that's not how I wrote my press releases.
[01:51:11.300 --> 01:51:15.260]  They were directed to the point, and I was trying to analyze it.
[01:51:15.260 --> 01:51:25.260]  Any suggestions, I saw there was case law, I believe it was case law, declaring that
[01:51:25.260 --> 01:51:34.780]  bulletproof vests and bulletproof plates are to be considered the same as guns under the
[01:51:34.780 --> 01:51:35.780]  Second Amendment.
[01:51:35.780 --> 01:51:40.500]  They're considered an arm, just like a gun.
[01:51:40.500 --> 01:51:48.260]  And they had no business outlawing the vest for whatever noble reason they did it, because
[01:51:48.260 --> 01:51:55.420]  someone was wearing a vest, what was it, either at Ovalde, Texas, or in Buffalo, New York,
[01:51:55.420 --> 01:51:59.060]  those staged government shootings.
[01:51:59.060 --> 01:52:06.980]  Anyway, any suggestions, there are people that are pretty upset, you know, the crime
[01:52:06.980 --> 01:52:12.220]  rate has gone up, there's been a lot of car jackings, a lot of house jackings, and the
[01:52:12.220 --> 01:52:19.620]  criminals have been let out back on the street, thanks to Cuomo and probably Hochul herself.
[01:52:19.620 --> 01:52:24.500]  And we'd like a way to be able to protect ourselves against criminals.
[01:52:24.500 --> 01:52:31.980]  And one way is a Level 3A bulletproof vest that will take care of any handgun rounds.
[01:52:31.980 --> 01:52:38.220]  So any suggestions, anything that you've picked up along the way that can help people that
[01:52:38.220 --> 01:52:45.060]  are upset over the strip your gun laws and the laws against that?
[01:52:45.060 --> 01:52:51.820]  Wow, I'm not sure how to answer that question, it's so general.
[01:52:51.820 --> 01:53:01.060]  I need something a little more specific to work with, and I'm not real familiar with
[01:53:01.060 --> 01:53:02.060]  the gun laws.
[01:53:02.060 --> 01:53:07.420]  I've heard there's some pretty oppressive stuff in New York, but I'm not really directly
[01:53:07.420 --> 01:53:11.300]  familiar with it, so I don't know how to speak to it.
[01:53:11.300 --> 01:53:16.860]  Maybe if, John, what if you were to go and try to buy one, and then when they wouldn't
[01:53:16.860 --> 01:53:23.820]  let you do that, then you could start a declaratory judgment suit to get them to rule on your
[01:53:23.820 --> 01:53:29.660]  rights and your status relating to the ability to buy that.
[01:53:29.660 --> 01:53:35.300]  What do you think, Randy, is that a possible way to start that?
[01:53:35.300 --> 01:53:40.180]  Yeah, we can get John to actually do something instead of talking about it.
[01:53:40.180 --> 01:53:41.180]  Are you ready, John?
[01:53:41.180 --> 01:53:45.500]  I've done quite a bit, I've done quite a bit.
[01:53:45.500 --> 01:53:51.300]  You notice how he dodged my question there.
[01:53:51.300 --> 01:53:52.780]  That was a pretty slick dodge.
[01:53:52.780 --> 01:53:54.780]  Okay, go ahead, John.
[01:53:54.780 --> 01:53:59.700]  Okay, so tell me again, what was that again?
[01:53:59.700 --> 01:54:02.820]  Are you ready to take these guys on?
[01:54:02.820 --> 01:54:10.260]  Yeah, yeah, I think it's time somebody did that, yeah.
[01:54:10.260 --> 01:54:17.660]  Go get a vest and wear it on the outside of your clothes so everybody can see it.
[01:54:17.660 --> 01:54:24.020]  But when they haul me off to jail, then I'll tell them, I'll tell them, hey, I could use
[01:54:24.020 --> 01:54:25.020]  the money.
[01:54:25.020 --> 01:54:26.020]  Yeah, arrest me.
[01:54:26.020 --> 01:54:29.900]  Yeah, I was afraid the cops were going to shoot me.
[01:54:29.900 --> 01:54:35.820]  Yeah, arrest me, frankly, I can use the money.
[01:54:35.820 --> 01:54:42.780]  Okay, do you have anything else, we're running out of time, we've got one more caller.
[01:54:42.780 --> 01:54:45.140]  Okay, yeah, go ahead, go to your call.
[01:54:45.140 --> 01:54:46.140]  Thank you very much.
[01:54:46.140 --> 01:54:48.340]  Okay, thank you, John.
[01:54:48.340 --> 01:54:52.580]  Okay, we have E.J. who called us back.
[01:54:52.580 --> 01:54:55.300]  E.J., what do you have for us today?
[01:54:55.300 --> 01:54:57.780]  Good evening, Randy and Brett.
[01:54:57.780 --> 01:55:00.780]  So I had a question.
[01:55:00.780 --> 01:55:01.780]  Hi.
[01:55:01.780 --> 01:55:02.780]  Hi.
[01:55:02.780 --> 01:55:12.620]  Last night on Telegram, the Law Society, I posted my motion to recuse Judge and I guess
[01:55:12.620 --> 01:55:19.140]  I had the terminology wrong, but he did actually recuse himself because all the motion hearings
[01:55:19.140 --> 01:55:24.580]  that had like four hearings scheduled until December, no, that's too much, I think it
[01:55:24.580 --> 01:55:27.580]  was three.
[01:55:27.580 --> 01:55:37.940]  He continued all that until January 2023, but someone, I think it's Idaho, he said
[01:55:37.940 --> 01:55:46.700]  that I'm confusing, it's all confusing in the motion because disqualification and recusal
[01:55:46.700 --> 01:55:48.980]  are two different things.
[01:55:48.980 --> 01:55:56.820]  Yes, disqualification is generally constitutional, it's very specific.
[01:55:56.820 --> 01:56:03.940]  Constitutional is just, can be just the appearance of bias, but disqualification is, generally
[01:56:03.940 --> 01:56:13.260]  you have to have an interest or an interest through someone who is related by, Brett,
[01:56:13.260 --> 01:56:16.460]  is it two or three degrees of consanguinity?
[01:56:16.460 --> 01:56:26.460]  Consanguinity, I don't remember how many degrees, but it's state specific, so you would want
[01:56:26.460 --> 01:56:33.900]  to take a look at the differences between recusal and disqualification in California
[01:56:33.900 --> 01:56:38.460]  because I tell people that they're different and then I hear every once in a while somebody
[01:56:38.460 --> 01:56:45.380]  says, oh, it's the same in my state, and you look and yeah, it is, so just take a look
[01:56:45.380 --> 01:56:51.380]  and see how California defines that, use that language when you're doing it.
[01:56:51.380 --> 01:57:01.260]  Okay, because there are two retired judges appointed to the case, so I'm going to try
[01:57:01.260 --> 01:57:12.340]  to disqualify the second one, which is the lady judge, I mean, I don't know their calendars,
[01:57:12.340 --> 01:57:17.620]  we don't know their calendars when they're going to come on the bench or what do you
[01:57:17.620 --> 01:57:24.180]  call it, yeah, or just leave all of a sudden, you know, we don't have that calendar, I don't
[01:57:24.180 --> 01:57:26.820]  know, so...
[01:57:26.820 --> 01:57:33.260]  There should be a court coordinator for each judge, it's kind of like the judge's secretary
[01:57:33.260 --> 01:57:35.380]  who will have their itinerary.
[01:57:35.380 --> 01:57:41.140]  Okay, it's not the court clerk, right?
[01:57:41.140 --> 01:57:45.900]  Sometimes they call them a clerk, but you call up and ask who keeps the calendar for
[01:57:45.900 --> 01:57:47.900]  the judge.
[01:57:47.900 --> 01:57:51.620]  Okay, sounds good, thank you so much.
[01:57:51.620 --> 01:58:01.700]  Okay, you are welcome, in our last minute, Brett, say something extremely profound.
[01:58:01.700 --> 01:58:11.100]  It reminds me of the artist that drew a circle and sent it back to the king, turned out to
[01:58:11.100 --> 01:58:16.180]  be a really perfect art.
[01:58:16.180 --> 01:58:23.540]  Okay, we're about out of time, we'll be back next week for our regular shows and check
[01:58:23.540 --> 01:58:31.980]  out A. Craig on Monday nights at 8 o'clock PM Central, he does his traffic show and we'll
[01:58:31.980 --> 01:58:41.260]  be back next Thursday and Friday at 8, thank you all for listening and good night.
[01:58:41.260 --> 01:58:50.540]  Well, that's good night ten seconds early, but who's counting?
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