ROL_2012-09-07_16k_Hr3-4.timecode
[00:00.000 --> 00:07.000] An apple a day may keep the doctor away, but did you know there's a candy out there that
[00:07.000 --> 00:09.520] may help cure a cough and heal an ulcer?
[00:09.520 --> 00:16.160] Dr. Catherine Albrecht, back to tell you about the mystery medicinal candy right after this.
[00:16.160 --> 00:17.880] Privacy is under attack.
[00:17.880 --> 00:21.480] When you give up data about yourself, you'll never get it back again.
[00:21.480 --> 00:26.480] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.480 --> 00:31.600] So protect your rights, say no to surveillance and keep your information to yourself.
[00:31.600 --> 00:34.280] Privacy, it's worth hanging on to.
[00:34.280 --> 00:39.800] This message is brought to you by StartPage.com, the private search engine alternative to Google,
[00:39.800 --> 00:41.600] Yahoo, and Bing.
[00:41.600 --> 00:45.360] Start over with StartPage.
[00:45.360 --> 00:46.360] It's licorice.
[00:46.360 --> 00:50.520] For many Americans, the word conjures up the candy we munched on at the movie theater
[00:50.520 --> 00:51.520] as kids.
[00:51.520 --> 00:54.840] But did you know that black licorice root can cure a host of illnesses?
[00:54.840 --> 00:58.360] Get out of your notebook because the list is long.
[00:58.360 --> 01:04.560] Licorice alleviates heartburn, ulcers, bronchitis, sore throat, cough, adizans disease, and hepatitis
[01:04.560 --> 01:09.920] B. It eases the effects of menopause, curbs the parasites that cause malaria, and has
[01:09.920 --> 01:13.360] even been prescribed for pesticide poisoning in China.
[01:13.360 --> 01:17.920] Just remember that black licorice root is a medicinal herb, not candy, and eating too
[01:17.920 --> 01:22.280] much can spike your blood pressure or lead to heart problems, as with most things in
[01:22.280 --> 01:24.280] life, moderation is the key.
[01:24.280 --> 01:31.680] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31.680 --> 01:41.080] JSC Penny plans to embed locator spy chips in all of its merchandise and remotely track
[01:41.080 --> 01:43.080] customers with hidden store scanners.
[01:43.080 --> 01:44.880] Sounds crazy, doesn't it?
[01:44.880 --> 01:46.360] I'm Dr. Catherine Albrecht.
[01:46.360 --> 01:49.080] Back with the evidence next.
[01:49.080 --> 01:50.800] Privacy is under attack.
[01:50.800 --> 01:54.400] When you give up data about yourself, you'll never get it back again.
[01:54.400 --> 01:59.400] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:59.400 --> 02:00.920] So protect your rights.
[02:00.920 --> 02:04.520] Say no to surveillance and keep your information to yourself.
[02:04.520 --> 02:07.160] Privacy, it's worth hanging on to.
[02:07.160 --> 02:12.760] This message is brought to you by StartPage.com, the private search engine alternative to Google,
[02:12.760 --> 02:14.480] Yahoo, and Bing.
[02:14.480 --> 02:18.560] Start over with StartPage.
[02:18.560 --> 02:23.480] When shoppers JSC Penny has declared war on your privacy, they've announced plans to
[02:23.480 --> 02:29.360] embed radio frequency ID tracking chips into all their merchandise and scrap cash transactions
[02:29.360 --> 02:31.200] by the end of next year.
[02:31.200 --> 02:36.200] With chips and scanners hidden around the store, pennies can remotely identify and track customers
[02:36.200 --> 02:37.680] as they move about.
[02:37.680 --> 02:42.800] Anonymous cash transactions will be replaced by credit card only purchases, so your buying
[02:42.800 --> 02:44.800] habits can be recorded and studied.
[02:44.800 --> 02:50.280] This is the most outrageous use of tracking technology ever by a major retailer.
[02:50.280 --> 02:55.000] I urge everyone to boycott JSC Penny until it stops acting like Big Brother.
[02:55.000 --> 03:22.560] I'm Dr. Cameron Albrecht for StartPage.com, the world's most private search engine.
[03:22.560 --> 03:52.400] I'm Dr. Cameron Albrecht for StartPage, the world's most private search engine.
[03:52.400 --> 04:06.760] I've seen grown men, older men, very mature, very sophisticated.
[04:06.760 --> 04:16.280] They walk into court and they walk up in front of the judge and they're visibly shaking.
[04:16.280 --> 04:20.240] I watched this and thought, what in the world is going on?
[04:20.240 --> 04:28.400] I mean, this is just a traffic ticket to 300 bucks max, but people come in front of this
[04:28.400 --> 04:35.880] judge and they're absolutely terrified and took a while to figure out what was going
[04:35.880 --> 04:36.880] on.
[04:36.880 --> 04:44.040] My primary study is psychology and we tend to have a response sets.
[04:44.040 --> 04:50.080] We have these tools for dealing with different situations and most of us don't have any
[04:50.080 --> 04:54.440] tools to deal with these issues.
[04:54.440 --> 05:01.840] When you first started talking, I could hear the frustration in your voice and attention.
[05:01.840 --> 05:09.080] If we make the shift from being the child sent to the principal to the parent going
[05:09.080 --> 05:13.800] to the principal and wanting to know what the heck is going on, that gives us access
[05:13.800 --> 05:19.280] to a whole different set of response patterns.
[05:19.280 --> 05:28.880] When we have that as a resource, it's just that we haven't learned how to access those.
[05:28.880 --> 05:34.720] If you listen to what I do here, you'll begin to see that pattern.
[05:34.720 --> 05:43.560] Most everything that Eddie and I are doing ultimately is about helping people get over
[05:43.560 --> 05:49.080] accessing the wrong response set.
[05:49.080 --> 05:57.400] Time for us to be the sovereign, the parent, the director of the agency and go in there
[05:57.400 --> 06:04.320] and take our public servants and turn them back into public servants.
[06:04.320 --> 06:08.040] We have the tools.
[06:08.040 --> 06:12.080] For the most part, these public servants want to hide the tools from you.
[06:12.080 --> 06:16.640] If you listen to this program, we will show you the tools.
[06:16.640 --> 06:20.080] These tools were primarily judicial.
[06:20.080 --> 06:22.520] First one is read the law.
[06:22.520 --> 06:28.480] That's one I hate the most, but they'll initially just ignore it.
[06:28.480 --> 06:36.880] Then you judicial conduct complaint, bark grievance, and if it's egregious enough, then you start
[06:36.880 --> 06:41.680] with the criminal complaint and run the routine on them.
[06:41.680 --> 06:45.000] You can do that in Missouri, you can do that in any state.
[06:45.000 --> 06:49.640] You ask a public official to do what he is required to do, and you know full well he's
[06:49.640 --> 06:51.480] not going to do it.
[06:51.480 --> 06:57.240] Then when he doesn't, you land right square on him.
[06:57.240 --> 07:03.080] Take him to the next one, and when he doesn't, you land on that one, and whether you ever
[07:03.080 --> 07:11.080] get it adjudicated or not, you will have the phones in the courthouse simply buzzing.
[07:11.080 --> 07:17.080] Then the mayors in the city hall absolutely buzzing with what's going on here, and everybody's
[07:17.080 --> 07:21.840] looking around worried about losing their careers.
[07:21.840 --> 07:24.720] This is how we change things.
[07:24.720 --> 07:33.040] They will probably fight you to the bloody end, because they just can't back down and
[07:33.040 --> 07:39.320] admit that they did something wrong, but in the process, you're going to have these guys
[07:39.320 --> 07:45.280] saying, we don't want to go here again, what can we do to keep us from getting here again?
[07:45.280 --> 07:49.640] Now you won't get that in the municipal court, because the only thing they care about is
[07:49.640 --> 07:51.640] making money.
[07:51.640 --> 07:57.600] You'll get that by stepping up above them and beating up the city manager and the mayor
[07:57.600 --> 08:03.520] and making it look like you could potentially start filing criminal charges against them.
[08:03.520 --> 08:07.440] They're the ones that can change it.
[08:07.440 --> 08:12.440] The municipal judge and the prosecutor cannot change this system.
[08:12.440 --> 08:15.440] They're just implementing.
[08:15.440 --> 08:22.440] And besides, when you start going up top, that was a lot more fun.
[08:22.440 --> 08:26.440] Okay, Larry, I've kind of ran on there.
[08:26.440 --> 08:27.440] It's okay.
[08:27.440 --> 08:28.440] I appreciate it.
[08:28.440 --> 08:34.080] From my denied motion, should I follow up with a, I'm probably saying this wrong, but
[08:34.080 --> 08:38.160] the findings of fact and the conclusions.
[08:38.160 --> 08:41.320] Absolutely.
[08:41.320 --> 08:49.040] What I suggest you do is do your homework as best you can and file your own findings
[08:49.040 --> 08:55.080] of fact and conclusions at law that's sometimes called points and authorities.
[08:55.080 --> 09:03.080] And ask the judge to either adopt your points and authorities or provide you with his own.
[09:03.080 --> 09:08.080] And you need that in order to perfect your appeal.
[09:08.080 --> 09:15.760] And when he doesn't give you findings of fact and conclusions at law, another judicial
[09:15.760 --> 09:22.080] conduct complaint against him and another tort letter to the, to the mayor.
[09:22.080 --> 09:23.080] Okay.
[09:23.080 --> 09:28.080] And then for the, for his entering a non-guilty plea, is there any type of.
[09:28.080 --> 09:30.080] No, he can do that.
[09:30.080 --> 09:31.080] Okay.
[09:31.080 --> 09:36.080] That, that in no way prejudices you.
[09:36.080 --> 09:40.080] And then a motion for, he didn't, he didn't bring up a jury trial at all.
[09:40.080 --> 09:43.080] He told me it was continuous and 30 days for trial.
[09:43.080 --> 09:47.080] So I, I know you're not to the trial issue yet.
[09:47.080 --> 09:50.080] So that's not an issue at this point.
[09:50.080 --> 09:51.080] Okay.
[09:51.080 --> 09:53.080] And then my, my, I don't want to keep everybody holding my last question.
[09:53.080 --> 09:54.080] No, no, that's okay.
[09:54.080 --> 09:56.080] This is our four hour.
[09:56.080 --> 10:00.080] So it's better if we, if we.
[10:00.080 --> 10:04.080] Answer most of the questions because everybody gets to listen.
[10:04.080 --> 10:05.080] This is teaching.
[10:05.080 --> 10:06.080] Okay.
[10:06.080 --> 10:07.080] So.
[10:07.080 --> 10:09.080] And you've had good questions.
[10:09.080 --> 10:10.080] Okay.
[10:10.080 --> 10:11.080] Thank you.
[10:11.080 --> 10:15.080] And so in conjunction with the bar grievance and the conduct complaint, the judicial, judicial
[10:15.080 --> 10:20.080] conduct, conduct complaint, I still don't know nature and cause.
[10:20.080 --> 10:25.080] So should I still continue to follow, follow, pursue that evidence?
[10:25.080 --> 10:27.080] Finally, I guess it wouldn't be a motion.
[10:27.080 --> 10:31.080] It wouldn't be a motion for, would it just be like a main letter?
[10:31.080 --> 10:32.080] Yeah.
[10:32.080 --> 10:33.080] I don't know.
[10:33.080 --> 10:34.080] Yeah.
[10:34.080 --> 10:37.080] Eddie, you want to address this for traffic.
[10:37.080 --> 10:41.080] Generally, this would go to a subject manager addiction.
[10:41.080 --> 10:46.080] What is the specific question?
[10:46.080 --> 10:47.080] Cost.
[10:47.080 --> 10:51.080] I still don't know nature and cause.
[10:51.080 --> 10:52.080] Yeah.
[10:52.080 --> 10:53.080] Nature and cause.
[10:53.080 --> 10:56.080] My question was, I doubt it would be a motion.
[10:56.080 --> 10:59.080] I mean, I feel like I should still pursue this.
[10:59.080 --> 11:00.080] Should I?
[11:00.080 --> 11:01.080] And how do I pursue it?
[11:01.080 --> 11:03.080] Because I assume it wouldn't be a motion that I would file.
[11:03.080 --> 11:08.080] You're going to file a judicial conduct complaint against the judge first off for denying you're
[11:08.080 --> 11:12.080] right to know nature and cause.
[11:12.080 --> 11:13.080] Okay.
[11:13.080 --> 11:14.080] Okay.
[11:14.080 --> 11:19.080] How does he file his demand for nature and cause?
[11:19.080 --> 11:21.080] How would we structure that?
[11:21.080 --> 11:25.080] Well, it's just simply a motion to demand the nature and cause of the accusation.
[11:25.080 --> 11:27.080] You're going to cite the...
[11:27.080 --> 11:28.080] Do you have...
[11:28.080 --> 11:32.080] The authority is going to be the constitutional references and the statutory references that
[11:32.080 --> 11:34.080] says you have the right to notice of the nature and cause.
[11:34.080 --> 11:39.080] That'll be in whatever code is relative to those types of cases.
[11:39.080 --> 11:44.080] As far as what's in Missouri, I was looking a moment ago, it would appear that these are
[11:44.080 --> 11:46.080] not criminal cases.
[11:46.080 --> 11:51.080] If they are, then they're not listed in the Code of Criminal Procedure as crimes.
[11:51.080 --> 11:58.080] Because the criminal code specifically says crimes are any acts that are described as
[11:58.080 --> 12:04.080] misdemeanor or felony for which you can be imprisoned.
[12:04.080 --> 12:05.080] So if that...
[12:05.080 --> 12:10.080] If it's not a crime, then you have to be looking somewhere else.
[12:10.080 --> 12:14.080] In which case nature and cause wouldn't apply.
[12:14.080 --> 12:20.080] If it's not a criminal act, then you go to the Code of Civil Procedure.
[12:20.080 --> 12:22.080] And that's a lot more liberal.
[12:22.080 --> 12:25.080] There's a lot more you can do there.
[12:25.080 --> 12:26.080] Yeah.
[12:26.080 --> 12:30.080] The problem with the Code of Civil Procedure is that they've got to produce evidence of
[12:30.080 --> 12:31.080] an agreement.
[12:31.080 --> 12:37.080] They've got to show how one party harmed the other party by not meeting some terms of
[12:37.080 --> 12:45.080] some agreement or through a negligent act that caused direct harm.
[12:45.080 --> 12:50.080] Oh, which brings another question.
[12:50.080 --> 12:58.080] Were you charged with violating a state statute or city ordinance?
[12:58.080 --> 12:59.080] Close.
[12:59.080 --> 13:01.080] It was a county ordinance.
[13:01.080 --> 13:02.080] Okay.
[13:02.080 --> 13:04.080] It was an ordinance then?
[13:04.080 --> 13:05.080] Yes.
[13:05.080 --> 13:06.080] Okay.
[13:06.080 --> 13:08.080] Eddie, you want to address that?
[13:08.080 --> 13:09.080] Okay.
[13:09.080 --> 13:12.080] If it's an ordinance, what makes you think it applies to you in the first place?
[13:12.080 --> 13:14.080] You a county employee?
[13:14.080 --> 13:15.080] No.
[13:15.080 --> 13:18.080] And I've heard you talk about that before and you're right.
[13:18.080 --> 13:19.080] Okay.
[13:19.080 --> 13:22.080] Then you don't need to be looking online in the Missouri Code.
[13:22.080 --> 13:27.080] You need to be looking for the county and the county ordinances.
[13:27.080 --> 13:28.080] Yeah.
[13:28.080 --> 13:33.080] This absolutely goes directly to contract.
[13:33.080 --> 13:41.080] Are you in a stipulated contract or an adhesion contract that binds you into an
[13:41.080 --> 13:47.080] agreement to abide by the ordinances of the county?
[13:47.080 --> 13:56.080] And if so, what is the nature of that contract?
[13:56.080 --> 13:57.080] Okay.
[13:57.080 --> 13:58.080] That's my dilemma.
[13:58.080 --> 14:03.080] I mean, I understand what you guys are saying and it's probably why they won't tell me,
[14:03.080 --> 14:07.080] but I feel like for me, I could be wrong, but I just feel like it's a starting point
[14:07.080 --> 14:08.080] to at least know.
[14:08.080 --> 14:13.080] And what you guys are saying makes perfect sense, you know, as far as it being perhaps
[14:13.080 --> 14:14.080] maybe simple.
[14:14.080 --> 14:15.080] Okay.
[14:15.080 --> 14:17.080] Let me make this a little bit easier for you.
[14:17.080 --> 14:23.080] Let's go to Dr. Frederick Graves in jurisdiction.
[14:23.080 --> 14:33.080] Dr. Graves keeps reiterating everything you're doing in the trial court is about setting
[14:33.080 --> 14:37.080] the record for appeal.
[14:37.080 --> 14:42.080] That's why we don't get too concerned about what the trial court does.
[14:42.080 --> 14:45.080] That should help you tremendously.
[14:45.080 --> 14:50.080] You know the trial court is absolutely totally corrupt.
[14:50.080 --> 14:51.080] That's a given.
[14:51.080 --> 14:54.080] The rule gets you out of hand at every turn.
[14:54.080 --> 14:56.080] That's a given.
[14:56.080 --> 15:09.080] So what you need to do is figure out where you want them to rule against you in ways
[15:09.080 --> 15:19.640] that if the court of appeals oppose their ruling, then it sets a precedent that others
[15:19.640 --> 15:26.160] can use that'll undermine the integrity of the legal system.
[15:26.160 --> 15:35.880] The trial judge and the court of appeals judge have a whole different agenda from one another.
[15:35.880 --> 15:40.400] The trial judge deals with the facts and the law.
[15:40.400 --> 15:50.640] The appellate judge deals with the corpus jurus, the body of law, and it's the appellate court's
[15:50.640 --> 15:57.920] place to make sure that all of the decisions that they make stitch together and make a
[15:57.920 --> 16:01.920] very stable body of law.
[16:01.920 --> 16:08.720] So they can't just come in and rule against you on an issue because then that ruling becomes
[16:08.720 --> 16:12.480] a precedent and everybody can use it.
[16:12.480 --> 16:15.840] So they have a totally different agenda.
[16:15.840 --> 16:20.720] Don't worry about the trial court, worry about the court of appeals.
[16:20.720 --> 16:23.200] So just lay out your issues.
[16:23.200 --> 16:27.040] You file a motion to challenge subject matter jurisdiction and lay out the cause.
[16:27.040 --> 16:29.680] The judge just ignores it.
[16:29.680 --> 16:30.680] Just rolls right over.
[16:30.680 --> 16:31.680] Okay.
[16:31.680 --> 16:32.680] No problem.
[16:32.680 --> 16:38.680] Got one good one for appeal and then we go to the next one, just mark them off.
[16:38.680 --> 16:43.600] Make it a lot easier to deal with these are smart mouth judges and prosecutors when you
[16:43.600 --> 16:46.680] know you're just in the process of setting them up.
[16:46.680 --> 16:47.680] Okay.
[16:47.680 --> 16:48.680] Hang on.
[16:48.680 --> 16:52.680] Joanne, Mark, Ramon, I see you there.
[16:52.680 --> 17:19.680] This is Randy Kelk, David Stevens and Craig with our radio, we'll be right back.
[17:19.680 --> 17:25.680] Alright.
[17:25.680 --> 17:32.180] Let's have a great evening.
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[19:01.040 --> 19:04.040] Well don't let nothing get to you.
[19:04.040 --> 19:07.040] One of the father can't deliver you.
[19:07.040 --> 19:13.040] Don't let my people hurt you until they can get behind you.
[19:13.040 --> 19:15.040] You know what I mean?
[19:15.040 --> 19:17.040] My friend.
[19:17.040 --> 19:19.040] Now I judge you.
[19:19.040 --> 19:21.040] Trusting God will be crazy.
[19:21.040 --> 19:24.040] Telling your problem then.
[19:24.040 --> 19:27.040] Calling his name once again.
[19:27.040 --> 19:30.040] Every day you know he will stay in.
[19:30.040 --> 19:33.040] Trusting God will be crazy.
[19:33.040 --> 19:36.040] Telling your problem then.
[19:36.040 --> 19:38.040] Okay we are back.
[19:38.040 --> 19:42.040] Randy Kelton, David Stevenson, Craig from Rule of Law Radio.
[19:42.040 --> 19:45.040] Okay we're talking to Larry.
[19:45.040 --> 19:51.040] Okay Larry do you have any questions or issues that we haven't addressed?
[19:51.040 --> 19:53.040] No I think you guys have covered everything.
[19:53.040 --> 19:57.040] I just wanted to ask two quick questions and then I'll get off if you don't mind.
[19:57.040 --> 20:00.040] I was trying to write it down but I forgot what you guys said.
[20:00.040 --> 20:07.040] I should be looking into county ordinances, nature of the contract.
[20:07.040 --> 20:10.040] Okay let me back up and explain that.
[20:10.040 --> 20:17.040] I'm paraphrasing Eddie for the most part because this is his research.
[20:17.040 --> 20:25.040] If you look in your constitution almost certainly your constitution is going to designate and
[20:25.040 --> 20:31.040] recognize a sheriff's department, a constable, possibly a state police.
[20:31.040 --> 20:36.040] In Texas the state police is administrative.
[20:36.040 --> 20:39.040] But those three are created.
[20:39.040 --> 20:43.040] The only two of those are actually created by constitution.
[20:43.040 --> 20:51.040] The state police are administrative and they are forbidden to enforce the criminal law
[20:51.040 --> 20:57.040] except at the behest of and under the direction of local law enforcement.
[20:57.040 --> 21:04.040] And that's because in the constitution the legislature, the constitution creates
[21:04.040 --> 21:08.040] a sheriff's department and a constable.
[21:08.040 --> 21:18.040] And nothing in the constitution authorizes the legislature to create another policing agency.
[21:18.040 --> 21:25.040] Nothing in the constitution authorizes any other body to make law.
[21:25.040 --> 21:29.040] Only the legislature can make law.
[21:29.040 --> 21:37.040] And we have counties and municipalities writing ordinances that look like law.
[21:37.040 --> 21:44.040] But the constitution doesn't allow anyone but the legislature to create law.
[21:44.040 --> 21:47.040] That's why they call them ordinances.
[21:47.040 --> 21:53.040] The ordinance, if it directly applied to you would be a law.
[21:53.040 --> 21:56.040] No matter what they call it.
[21:56.040 --> 22:03.040] But according to Eddie's research the county is a corporation.
[22:03.040 --> 22:09.040] And the ordinances are rules of the corporation.
[22:09.040 --> 22:19.040] So the rules of the corporation only apply to members of the corporation, employees of the corporation,
[22:19.040 --> 22:24.040] or contractors engaged in contracts with the corporation.
[22:24.040 --> 22:38.040] So the question is, what contract have you entered into that made you liable to the rules of the corporation?
[22:38.040 --> 22:42.040] That's where we're going.
[22:42.040 --> 22:44.040] Light bulb went off when you just expand it like that.
[22:44.040 --> 22:46.040] That makes perfect sense.
[22:46.040 --> 22:49.040] Okay, I'm going to look at it from that angle now.
[22:49.040 --> 22:56.040] Okay, now the sheriff's department and the constable are constitutional officers.
[22:56.040 --> 23:05.040] City police departments, they're just security guards for the corporation.
[23:05.040 --> 23:11.040] So think of it that way, that any ordinance, it has to be under contract.
[23:11.040 --> 23:18.040] And then look at how did I get into a contract that bound me to the city ordinances.
[23:18.040 --> 23:20.040] I live in Boyd, Texas.
[23:20.040 --> 23:23.040] I live right next to City Hall.
[23:23.040 --> 23:29.040] Now for the most part City Hall stays away from me.
[23:29.040 --> 23:36.040] I had a mayor recently tell me I couldn't have my 40 foot bus parked in the yard next to his City Hall
[23:36.040 --> 23:42.040] because it wasn't plated, so I went out there and threw a tarp over it.
[23:42.040 --> 23:47.040] They went ballistic, but they didn't mess with me anymore.
[23:47.040 --> 23:58.040] I am looking forward to them coming to me and giving me some crapola about something so that I can take on this issue directly.
[23:58.040 --> 24:13.040] I want to know what contract I have entered into with this corporation that makes me subject to the rules of the corporation.
[24:13.040 --> 24:19.040] Now the reason I'm saying that is it gives you a frame of reference of how to think about this.
[24:19.040 --> 24:27.040] And I suspect when you take this to them, this is going to be something they haven't seen before.
[24:27.040 --> 24:37.040] And shifting the paradigm this way, you're dealing with, you've got a municipal judge here.
[24:37.040 --> 24:46.040] What is he doing as a municipal or county, you know, a county judge?
[24:46.040 --> 24:48.040] Wait a minute.
[24:48.040 --> 24:50.040] That raises an interesting question.
[24:50.040 --> 24:59.040] If these are county ordinances, the county court at law cannot enforce a county ordinance.
[24:59.040 --> 25:08.040] Who is enforcing the county ordinance in Missouri, Larry?
[25:08.040 --> 25:10.040] I don't know.
[25:10.040 --> 25:13.040] What is this court?
[25:13.040 --> 25:23.040] This court, the way they have this court, it says circuit court and then the county, Jefferson County municipal court.
[25:23.040 --> 25:25.040] That's their title.
[25:25.040 --> 25:30.040] Whoa, whoa, hold on. Jefferson County municipal court?
[25:30.040 --> 25:32.040] Yes.
[25:32.040 --> 25:34.040] That means it's corporate court.
[25:34.040 --> 25:36.040] That means it is not.
[25:36.040 --> 25:38.040] That was what I was looking for.
[25:38.040 --> 25:42.040] You have an elected county judge.
[25:42.040 --> 25:43.040] Correct.
[25:43.040 --> 25:48.040] Is he the one that sits in these cases?
[25:48.040 --> 25:51.040] Yes.
[25:51.040 --> 25:54.040] Hold on, back up, back up, back up.
[25:54.040 --> 26:04.040] If you get charged with a set of class A misdemeanor, is this the court you'll go before?
[26:04.040 --> 26:08.040] Mr. Raines, to be honest, I do not know.
[26:08.040 --> 26:14.040] This is one of those subtle questions that may well be very important.
[26:14.040 --> 26:26.040] If you were charged with a class A, class B misdemeanor, that would take you before the elected county court at law.
[26:26.040 --> 26:37.040] I suspect the court you're going before is a county commissioners court, which is a corporate court.
[26:37.040 --> 26:47.040] And if they're calling themselves a municipal court, this is going to be a corporate court, almost guarantee it.
[26:47.040 --> 27:02.040] So because they're not enforcing state law, it is the county, the elected county judge and county attorney that enforce and prosecute violations of state law.
[27:02.040 --> 27:06.040] These guys aren't doing that.
[27:06.040 --> 27:08.040] They're enforcing something else.
[27:08.040 --> 27:15.040] So we really need to find out who these people are and what they are.
[27:15.040 --> 27:17.040] Okay.
[27:17.040 --> 27:19.040] This will be an interesting study.
[27:19.040 --> 27:26.040] I think you'll find this to be pretty much fun when you get into it.
[27:26.040 --> 27:28.040] I can't wait to start tomorrow.
[27:28.040 --> 27:29.040] Good.
[27:29.040 --> 27:30.040] Wonderful.
[27:30.040 --> 27:31.040] Okay.
[27:31.040 --> 27:33.040] Do you have any more questions or comments?
[27:33.040 --> 27:38.040] No, that's it. You guys have a lot to digest, and I'll start tomorrow.
[27:38.040 --> 27:41.040] I really appreciate your time, everyone's time, and thanks a lot.
[27:41.040 --> 27:43.040] You are most welcome.
[27:43.040 --> 27:44.040] Okay.
[27:44.040 --> 27:50.040] We are going to go to Joanne in California.
[27:50.040 --> 27:52.040] Hello, Ms. Joanne.
[27:52.040 --> 27:54.040] What do you have for us?
[27:54.040 --> 28:07.040] Well, I called in tonight to basically let Eddie know something regarding traveling that I found out today.
[28:07.040 --> 28:23.040] I'm moving out of California to Oklahoma using a 26-foot rental truck, and I was under the suspicion that I may have to stop at scales because I'm going to be so big.
[28:23.040 --> 28:28.040] So I called each of the highway patrols in California, Arizona, New Mexico.
[28:28.040 --> 28:30.040] And they all told you no?
[28:30.040 --> 28:32.040] No, they didn't.
[28:32.040 --> 28:34.040] No, they didn't.
[28:34.040 --> 28:40.040] California said yes because it's a commercial rig that I'm renting.
[28:40.040 --> 28:42.040] Therefore, I must stop.
[28:42.040 --> 28:45.040] Oklahoma said no, it's your personal belongings.
[28:45.040 --> 28:46.040] You don't have to stop.
[28:46.040 --> 28:49.040] New Mexico says no, personal belongings.
[28:49.040 --> 28:52.040] You don't have to stop.
[28:52.040 --> 28:56.040] Texas said, well, they'll see you coming.
[28:56.040 --> 28:59.040] If the light's green, you can go through.
[28:59.040 --> 29:02.040] If it's red, you have to stop.
[29:02.040 --> 29:13.040] And Arizona, the highway patrolman that answered the phone, when I told him I was moving, traveling through his state, would I have to stop?
[29:13.040 --> 29:17.040] He says, well, you're not in commerce, so you won't have to stop.
[29:17.040 --> 29:19.040] That's what his words are.
[29:19.040 --> 29:20.040] Right.
[29:20.040 --> 29:23.040] And California is actually misleading you.
[29:23.040 --> 29:27.040] They cannot stop a truck of any kind being used for personal use.
[29:27.040 --> 29:33.040] I have never in any state of the union, and believe me, I've moved a lot.
[29:33.040 --> 29:38.040] I've never entered a weigh station in a rental truck ever.
[29:38.040 --> 29:43.040] Okay, they have probably given you good advice, though, and I'll explain why when we get back on the other side.
[29:43.040 --> 29:46.040] It's not legal, and it's functional.
[29:46.040 --> 29:50.040] This is Randy Kelton, Debra Stephens, Eddie Crick, the rule of law radio.
[29:50.040 --> 29:54.040] Call in number 512-646-1984.
[29:54.040 --> 29:59.040] We'll be right back.
[29:59.040 --> 30:05.040] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.040 --> 30:07.040] The government says that fire brought it down.
[30:07.040 --> 30:12.040] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.040 --> 30:18.040] Over 6,000 of my fellow service members have given their lives, and thousands of my fellow force respondents have died.
[30:18.040 --> 30:20.040] I'm not a conspiracy theorist.
[30:20.040 --> 30:21.040] I'm a structural engineer.
[30:21.040 --> 30:22.040] I'm a New York City correction officer.
[30:22.040 --> 30:23.040] I'm an Air Force pilot.
[30:23.040 --> 30:24.040] I'm a father who lost his son.
[30:24.040 --> 30:27.040] We are Americans, and we deserve the truth.
[30:27.040 --> 30:56.040] Go to RememberBuilding7.org today.
[30:57.040 --> 31:00.040] What are powders, seeds, and oil can do for you?
[31:00.040 --> 31:09.040] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, and neither is finding like-minded people to share it with.
[31:09.040 --> 31:12.040] Oh, well, I guess you haven't heard of Brave New Books then.
[31:12.040 --> 31:13.040] Brave New Books?
[31:13.040 --> 31:14.040] Yes.
[31:14.040 --> 31:20.040] Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Albert Griffin.
[31:20.040 --> 31:24.040] They even stock inner food, Burkey products, and Calvin Soaps.
[31:24.040 --> 31:27.040] There's no way a place like that exists.
[31:27.040 --> 31:28.040] Go check it out for yourself.
[31:28.040 --> 31:32.040] It's downtown at 1904 Guadalupe Street, just south of UT.
[31:32.040 --> 31:34.040] Oh, by UT?
[31:34.040 --> 31:36.040] There's never anywhere to park down there.
[31:36.040 --> 31:43.040] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[31:43.040 --> 31:47.040] It does exist, but when are they open?
[31:47.040 --> 31:52.040] Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays.
[31:52.040 --> 32:00.040] So get them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[32:22.040 --> 32:31.040] All right, folks, we are back.
[32:31.040 --> 32:33.040] This is Rural Law Radio.
[32:33.040 --> 32:38.040] Once again, calling number 512-646-1984.
[32:38.040 --> 32:41.040] Okay, we're going to finish up with Joanne.
[32:41.040 --> 32:51.040] All right, Joanne, you were saying that every place said you could go except for California with one possible stop in Texas at the Lights Red, right?
[32:51.040 --> 32:59.040] Yeah, and my main point was, for calling, because it's going to have my house in it and my household.
[32:59.040 --> 33:07.040] I don't want, it wasn't a fight I was ready to fight, so if they told me yes, even though I'm not in commerce,
[33:07.040 --> 33:13.040] I wasn't going to run a scale, have them pull me over, impound the truck, lose all my possession.
[33:13.040 --> 33:15.040] Oh, yeah, that's understandable.
[33:15.040 --> 33:18.040] Okay, so that's why I made all the calls.
[33:18.040 --> 33:26.040] And I kind of figured California would tell me yes, because that's one of the reasons why I'm getting out of here is because of everything that they do.
[33:26.040 --> 33:28.040] Okay, wait a minute.
[33:28.040 --> 33:38.040] We were, on the break, we discussed this, and what they probably did, and most people in government are really human beings anyway.
[33:38.040 --> 33:50.040] They probably told you this because if you went cruising by a way station, you're like in a big truck, you're likely to get a police officer with lights on chasing you down,
[33:50.040 --> 33:53.040] and he's not going to be real happy.
[33:53.040 --> 34:01.040] So they probably told you to pull in here, and what will happen is, as you pull up there and they'll ask you, are you moving personal belongings?
[34:01.040 --> 34:03.040] And you'll say, yes, I am.
[34:03.040 --> 34:05.040] And they'll say, go ahead.
[34:05.040 --> 34:11.040] But they're probably trying to keep from having a situation develop.
[34:11.040 --> 34:13.040] And this is what we talked about on the break.
[34:13.040 --> 34:22.040] If you're not interested in having this fight, let's not create fights unless you specifically want to get in this fight.
[34:22.040 --> 34:29.040] And pulling into the way station, I used to run a rig that was much smaller.
[34:29.040 --> 34:35.040] But I pulled into the way station anyway because it didn't want to cop chasing me down the highway.
[34:35.040 --> 34:41.040] And when I pulled in and I told them that, you know, this is my personal equipment, I'm not in commerce.
[34:41.040 --> 34:44.040] I'm just moving equipment from one job to another.
[34:44.040 --> 34:47.040] They say, go ahead.
[34:47.040 --> 34:56.040] Except for the one moron that wrote me a license and wrote me a ticket for not having a license on the front of my trailer.
[34:56.040 --> 34:59.040] I think he must have been smoking something.
[34:59.040 --> 35:07.040] And he said the headlights, he didn't have any headlights on my trailer and he didn't have a license on the front of my trailer.
[35:07.040 --> 35:09.040] But I think he was smoking something.
[35:09.040 --> 35:20.040] But generally, if this is not a fight that you actually want to get into, then just pull into the way station.
[35:20.040 --> 35:29.040] And generally, those guys are really easy to get along with, especially if they have a reason to believe that you're not one of the local truckers.
[35:29.040 --> 35:31.040] And there's a flag on here.
[35:31.040 --> 35:32.040] Yeah.
[35:32.040 --> 35:36.040] No, the reason I actually called was to let you know about Arizona.
[35:36.040 --> 35:45.040] That officer, when I told him that I was moving, going to travel through his state on Highway 40, was not going to be required to stop.
[35:45.040 --> 35:48.040] Because they were the second call I made after California.
[35:48.040 --> 35:54.040] And his direct words were, well, you're not in commerce, therefore, you won't have to stop.
[35:54.040 --> 35:57.040] Yes, I very much heard that.
[35:57.040 --> 36:00.040] And I was very glad to hear that.
[36:00.040 --> 36:06.040] These guys absolutely know.
[36:06.040 --> 36:17.040] So the police, when they pull you, it may be that municipal police are really ignorant of that, but state police can't miss it.
[36:17.040 --> 36:19.040] Yes, they deal with that all the time.
[36:19.040 --> 36:21.040] They'll stop a trucker.
[36:21.040 --> 36:23.040] He's empty.
[36:23.040 --> 36:28.040] And he's dropped off at one warehouse and he's going to another warehouse to pick something up.
[36:28.040 --> 36:32.040] And they just let him go because he's not in commerce.
[36:32.040 --> 36:33.040] Right.
[36:33.040 --> 36:35.040] So they are very familiar.
[36:35.040 --> 36:38.040] All of these state police are very familiar with that.
[36:38.040 --> 36:42.040] It may be that the municipal police are not.
[36:42.040 --> 36:51.040] But their problem is, if they're ignorant, they're negligently ignorant.
[36:51.040 --> 36:54.040] But if that's not a fact you're going to have, I wouldn't have it.
[36:54.040 --> 37:02.040] But I do appreciate the fact that Arizona absolutely knew.
[37:02.040 --> 37:05.040] Yeah, the rest of them just said, well, it's your personal belongings in the truck.
[37:05.040 --> 37:09.040] You know, just go on by.
[37:09.040 --> 37:11.040] We don't require that.
[37:11.040 --> 37:16.040] But this guy used the words that I hear Eddie over and over and over again use.
[37:16.040 --> 37:22.040] And coming from a police officer, I was amazed.
[37:22.040 --> 37:26.040] I really didn't expect to hear that from him.
[37:26.040 --> 37:28.040] Well, that's good to hear.
[37:28.040 --> 37:30.040] Yeah, that's all I had for you guys.
[37:30.040 --> 37:34.040] I just wanted to let you know that.
[37:34.040 --> 37:35.040] All right.
[37:35.040 --> 37:36.040] Well, thanks for calling in.
[37:36.040 --> 37:37.040] Appreciate it.
[37:37.040 --> 37:38.040] Thanks, guys.
[37:38.040 --> 37:39.040] Take care.
[37:39.040 --> 37:40.040] You too.
[37:40.040 --> 37:41.040] All right.
[37:41.040 --> 37:44.040] Now we're going to go to Mark in Washington.
[37:44.040 --> 37:46.040] Mark, what can we do for you?
[37:46.040 --> 37:48.040] Well, I'm a little embarrassed on this phone call.
[37:48.040 --> 37:52.040] Guys, I'm just going to run through it quickly.
[37:52.040 --> 37:53.040] I'm selling.
[37:53.040 --> 37:58.040] I'm trying to get rid of a motorcycle for a friend of mine who's a Russian national.
[37:58.040 --> 38:00.040] He's not in the country anymore.
[38:00.040 --> 38:11.040] On Saturday, about a month and a half ago, I went down and drove the bike even though I don't have a motorcycle endorsement in the state of Washington.
[38:11.040 --> 38:15.040] I drove the bike to a meeting place to show it to perspective back.
[38:15.040 --> 38:22.040] On the way back, I went 40 miles an hour in a 25-mile-an-hour zone.
[38:22.040 --> 38:24.040] It's a little speed trap in the town close here.
[38:24.040 --> 38:25.040] I know about it.
[38:25.040 --> 38:27.040] It should be speed.
[38:27.040 --> 38:37.040] So the police officer for a small city of Kenmore told me over and he said he said that my tabs expired well.
[38:37.040 --> 38:38.040] Wait, wait, wait.
[38:38.040 --> 38:39.040] Hold on.
[38:39.040 --> 38:42.040] Are you on a wireless phone?
[38:42.040 --> 38:44.040] Yes, I am, sir.
[38:44.040 --> 38:46.040] You're getting a squeaky beepy.
[38:46.040 --> 38:50.040] Can you go to a non-wireless?
[38:50.040 --> 38:52.040] No.
[38:52.040 --> 38:56.040] I'll have to call back in.
[38:56.040 --> 38:59.040] Okay, it's not too bad.
[38:59.040 --> 39:05.040] Whenever you're on a wireless phone, you often get either sounds like a mosquito in the background or like in yours.
[39:05.040 --> 39:08.040] Whenever you speak, you get a...
[39:08.040 --> 39:09.040] It's not too bad.
[39:09.040 --> 39:11.040] I think we can do it.
[39:11.040 --> 39:12.040] Go ahead.
[39:12.040 --> 39:14.040] Sorry about that.
[39:14.040 --> 39:29.040] So the bottom line is that as issued a citation for going 40 in a 25 as issued a citation or not having a valid motorcycle license enforcement,
[39:29.040 --> 39:34.040] he did not give me a ticket for having expired tabs.
[39:34.040 --> 39:45.040] It said July 7 of 2012 on it, but it was the 15th of July and that they expired on and I was a couple days over that anyway.
[39:45.040 --> 39:46.040] So he stopped me.
[39:46.040 --> 39:49.040] I got those tickets and I got the ticket.
[39:49.040 --> 39:51.040] I never responded to it.
[39:51.040 --> 40:04.040] And so now I got the Department of Licensing of the State of Washington a notice of suspension for failing to respond to peer pay or complying with the term of the citation below.
[40:04.040 --> 40:07.040] So anyway, that's where I sit.
[40:07.040 --> 40:13.040] I didn't send in the ticket in the 15-day window that they wanted me to.
[40:13.040 --> 40:15.040] And so I'm just asking you guys point blank.
[40:15.040 --> 40:20.040] Is there anything I could do besides throwing myself on the mercantile?
[40:20.040 --> 40:22.040] Shoot yourself.
[40:22.040 --> 40:24.040] No, no, no.
[40:24.040 --> 40:25.040] No, no, no.
[40:25.040 --> 40:28.040] Lay down in the road and let a motorcycle run over you.
[40:28.040 --> 40:30.040] Okay.
[40:30.040 --> 40:32.040] Eddie.
[40:32.040 --> 40:34.040] Well, I'm going to stop being facetious.
[40:34.040 --> 40:35.040] Okay.
[40:35.040 --> 40:44.040] Again, why didn't you respond and put up a fight and learn what you needed to do to do that?
[40:44.040 --> 40:46.040] That's a long story.
[40:46.040 --> 40:52.040] Well, actually, no, it's turned this into a very short story.
[40:52.040 --> 40:57.040] When you fail to fight back, you get the crap kicked out of you.
[40:57.040 --> 40:59.040] Got it.
[40:59.040 --> 41:01.040] Oh, wait a minute.
[41:01.040 --> 41:05.040] Well, subject matter jurisdiction can be challenged.
[41:05.040 --> 41:12.040] Yes, subject matter jurisdiction can be challenged, as can lack of notice and everything else if he's done nothing.
[41:12.040 --> 41:21.040] But if he hasn't even begun to read what the requirements are on what they're supposed to do, you know, that's not getting him anywhere either.
[41:21.040 --> 41:23.040] Right.
[41:23.040 --> 41:27.040] Well, I was thinking of paying the fine and sending in the ticket.
[41:27.040 --> 41:28.040] Nah, wait a minute.
[41:28.040 --> 41:31.040] Don't do that.
[41:31.040 --> 41:34.040] This is a great opportunity.
[41:34.040 --> 41:38.040] Or even if you do pay the fine, you need to get your license back.
[41:38.040 --> 41:43.040] Well, my license is just not going to be suspended until October.
[41:43.040 --> 41:44.040] Oh, okay.
[41:44.040 --> 41:45.040] Okay.
[41:45.040 --> 41:48.040] Then go for subject matter jurisdiction.
[41:48.040 --> 41:57.040] And then when they just blow it off, then judicial conduct complaint, bar grievance, just run the routine on them.
[41:57.040 --> 42:06.040] And then at the worst, when you get to it, you go to them and say, look guys, you know, I've had a whole lot of fun beating you guys up.
[42:06.040 --> 42:09.040] But I really need to go back to business.
[42:09.040 --> 42:12.040] So how about let's make the deal.
[42:12.040 --> 42:13.040] You stop messing with me.
[42:13.040 --> 42:17.040] I'll stop trying to ruin your career.
[42:17.040 --> 42:28.040] So, you know, I saw in the front of these tickets though, promising that I would respond as whatever, you know, municipal code of Kenmore require.
[42:28.040 --> 42:41.040] If I stick a gun to your head and tell you, sign this document, giving your house, your car, your best, but everything you own to me, or I'll blow your brains out.
[42:41.040 --> 42:42.040] Right.
[42:42.040 --> 42:43.040] Press that valid.
[42:43.040 --> 42:45.040] It's extortion.
[42:45.040 --> 42:47.040] Exactly.
[42:47.040 --> 42:56.040] You had a guy standing there with a pistol on his hip, telling you that he's going to use that pistol to take your liberty away from you.
[42:56.040 --> 43:11.040] If you don't sign this document, when he had no subject matter jurisdiction to stop you and talk to you in the first place, because he had no reason to believe you were acting in commerce fighting.
[43:11.040 --> 43:15.040] This is cheapest legal education you'll ever get.
[43:15.040 --> 43:16.040] I agree.
[43:16.040 --> 43:18.040] That's why I called you guys even though it's foolish.
[43:18.040 --> 43:36.040] You know, the steps I went through is practically absolutely idiotic, but the bottom line is challenge the basis of the ticket even being given to me by challenging the subject matter jurisdiction of the matter.
[43:36.040 --> 43:39.040] Exactly.
[43:39.040 --> 43:49.040] All right, I'll go ahead and read up on subject matter jurisdiction. Will there be anything about that in the municipal code of Kenmore?
[43:49.040 --> 43:50.040] Okay.
[43:50.040 --> 43:51.040] Okay.
[43:51.040 --> 43:52.040] Hang on.
[43:52.040 --> 43:54.040] We'll pick you up on the other side.
[43:54.040 --> 44:22.040] We'll be right back.
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[45:01.040 --> 45:05.040] The Oklahoma City bombing, top 10 reasons to question the official story.
[45:05.040 --> 45:09.040] Reason number one, John Doe number two, and other accomplices.
[45:09.040 --> 45:16.040] On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the writer truck report that he was accompanied by other perpetrators.
[45:16.040 --> 45:24.040] The FBI and federal prosecutors insist that Tim McVeigh alone delivered the writer truck bomb to the Murr Building and detonated it.
[45:24.040 --> 45:32.040] The only witness the government produced to place McVeigh at the building that morning, Dana Bradley, who lost her children and one of her legs in the bombing,
[45:32.040 --> 45:39.040] testified that she saw McVeigh with another man, the fabled John Doe number two, exiting the writer truck.
[45:39.040 --> 45:44.040] While at least 15 other witnesses claim to have seen McVeigh with other perpetrators the day of the bombing,
[45:44.040 --> 45:52.040] no less than 226 witnesses placed him with other men in the days before the bombing, including when he rented the writer truck,
[45:52.040 --> 45:57.040] and in some cases have positively identified the other perpetrators.
[45:57.040 --> 46:02.040] For more information, please visit okcbombingtruth.com
[46:27.040 --> 46:29.040] What I'm wishing for
[46:29.040 --> 46:31.040] When I'm hungry
[46:31.040 --> 46:35.040] I'd like to know just what I'm fishing for
[46:35.040 --> 46:37.040] I ain't asking for much
[46:37.040 --> 46:40.040] I ain't trying to be no blood
[46:40.040 --> 46:43.040] I'm just here making my living
[46:43.040 --> 46:46.040] pushing buttons
[46:46.040 --> 46:48.040] I get my message
[46:48.040 --> 46:49.040] I'll do anything
[46:49.040 --> 46:52.040] one inch out in distance
[46:52.040 --> 46:54.040] Okay, we are back
[46:54.040 --> 46:59.040] We're helping Debra Stephens and he created the rule of our radio
[46:59.040 --> 47:03.040] and we're going to go to Dan in Connecticut
[47:03.040 --> 47:05.040] Did you finish up with Mark?
[47:05.040 --> 47:07.040] Did you finish up with Mark Randy?
[47:07.040 --> 47:10.040] Yes we did, he was down
[47:10.040 --> 47:13.040] I think he was
[47:13.040 --> 47:16.040] Yeah, yeah, we were finished with Mark
[47:16.040 --> 47:19.040] Okay, Dan in Connecticut
[47:19.040 --> 47:23.040] Are you sure you were finished with him? I thought you had something more for him
[47:23.040 --> 47:25.040] I think so, we just flushed him
[47:25.040 --> 47:27.040] He was gone
[47:27.040 --> 47:29.040] Yeah, we were finished with him
[47:29.040 --> 47:34.040] Oh man, I guess you can start getting going with a real fun then I suppose
[47:34.040 --> 47:38.040] Yes, what have you been up to?
[47:38.040 --> 47:41.040] I know you have been causing somebody a lot of grief
[47:41.040 --> 47:47.040] Yes, my campaign manager called the Secretary of State's office today
[47:47.040 --> 47:52.040] and they told my campaign manager that not only did I qualify for the ballot
[47:52.040 --> 47:57.040] but I was the first petitioning candidate in Connecticut to actually do so
[48:01.040 --> 48:05.040] So that means you're going to be famous, you're going to go on history books
[48:05.040 --> 48:13.040] Yeah, and the Secretary of State's office actually called me at 7.39 this evening
[48:13.040 --> 48:15.040] I guess they were still working
[48:15.040 --> 48:23.040] Gary Johnson is 11 valid signatures short and he should qualify Monday because more are being validated
[48:23.040 --> 48:25.040] Gary Johnson
[48:25.040 --> 48:28.040] Yes
[48:28.040 --> 48:30.040] Who is Gary Johnson?
[48:30.040 --> 48:35.040] He is the Libertarian nominee for the office of President of the United States
[48:35.040 --> 48:38.040] Oh, Wunderbar
[48:38.040 --> 48:40.040] Yes, yes
[48:40.040 --> 48:46.040] You can follow in Michael Bannerick's shoes and get arrested in Missouri
[48:46.040 --> 48:51.040] No, actually, I think he stands a good shot at winning this one
[48:51.040 --> 48:54.040] because he's already on the ballot at 45 states
[48:54.040 --> 48:56.040] and the Republican Party believe it or not
[48:56.040 --> 49:02.040] they have actually presented challenges to his candidacy in six of those states
[49:02.040 --> 49:05.040] and they lost on five
[49:05.040 --> 49:13.040] If ever there was a time that the Libertarian may have a shot, this may be it
[49:13.040 --> 49:15.040] because the public is not happy
[49:15.040 --> 49:20.040] Yeah, actually, we have something in my district that the Republican candidate does not have
[49:20.040 --> 49:23.040] and that's called the campaign headquarters
[49:27.040 --> 49:31.040] Well, you also probably have a true platform too
[49:31.040 --> 49:38.040] Well, yeah, that and promise is under penalty of perjury including the fact that I will go home after three terms
[49:41.040 --> 49:44.040] Okay, you're running for what position?
[49:44.040 --> 49:48.040] Congress, second district
[49:48.040 --> 49:55.040] Good, if ever there was a time, you know, this is the election
[49:55.040 --> 50:03.040] Yeah, basically, the Republican Party, their candidate has less than $2,000 in cash on hand
[50:03.040 --> 50:06.040] The Democrat is taking it for granted
[50:06.040 --> 50:09.040] and we're getting lots of press coverage
[50:09.040 --> 50:12.040] Actually, I'm just going to call from the paper today
[50:12.040 --> 50:15.040] So they were kind of asking where we were
[50:15.040 --> 50:23.040] But aside from that, I also wanted to do a little legal show and tell concerning a quail warrantose suit that I filed with another plaintiff
[50:23.040 --> 50:24.040] Oh, wonderful
[50:24.040 --> 50:27.040] Are you in front of a computerized student that you are?
[50:27.040 --> 50:29.040] Yes, as a matter of fact, I am
[50:29.040 --> 50:30.040] Go to
[50:30.040 --> 50:32.040] And I even know how to use it
[50:32.040 --> 50:34.040] Oh, perfect
[50:34.040 --> 50:40.040] I want you to type into the address bar, jud.ct.gov
[50:42.040 --> 50:46.040] And that will bring you to the state of Connecticut judicial branch website
[50:46.040 --> 50:49.040] You'll notice there is a menu on the web
[50:49.040 --> 50:52.040] Wait, you said jud.dc?
[50:52.040 --> 50:53.040] Ct
[50:53.040 --> 50:55.040] Oh, Ct, okay, that's better
[50:55.040 --> 50:57.040] jud.gov
[50:57.040 --> 51:01.040] And there is a little branch, a little menu on the left that says Case Lookup
[51:01.040 --> 51:04.040] And you're going to put your mouse over that
[51:04.040 --> 51:10.040] And you're going to go to Case Lookup
[51:10.040 --> 51:13.040] And you're going to hover your mouse over that
[51:13.040 --> 51:17.040] There's going to be a menu that's going to bring you over to like different types of cases
[51:17.040 --> 51:22.040] You can look up here and click on Civil Flash Family
[51:22.040 --> 51:26.040] And once you click on that
[51:26.040 --> 51:31.040] You are going to click on Docket Number Search
[51:31.040 --> 51:37.040] And when you click on Docket Number Search, you're going to see a little menu by this location
[51:37.040 --> 51:41.040] You're going to select Putnam, which is WWM
[51:41.040 --> 51:43.040] The category is CV
[51:43.040 --> 51:46.040] You're going to type in 12 as the year
[51:46.040 --> 51:51.040] And you are going to put in the following numbers for the case number
[51:51.040 --> 51:57.040] Which are 5-0-0-5-7-4-2
[51:57.040 --> 51:59.040] And the suffix is obviously there
[51:59.040 --> 52:02.040] And you're going to click on Search
[52:02.040 --> 52:05.040] And when you click on Search, it should bring up
[52:05.040 --> 52:10.040] Klonoski, Angela et al. de Petro, Kenneth dot et al.
[52:10.040 --> 52:12.040] And let me give you some background on this case
[52:12.040 --> 52:13.040] You'll probably know it
[52:13.040 --> 52:15.040] Okay, Angela Klonoski
[52:15.040 --> 52:18.040] Yes, you'll notice Party 2 is Daniel Reel
[52:18.040 --> 52:20.040] That would be me
[52:20.040 --> 52:22.040] The real deal
[52:22.040 --> 52:25.040] Yes, that would be, I am the infamous co-planer for this
[52:25.040 --> 52:30.040] And I'm rumored to have cost the town of Plainfield more than $50,000
[52:30.040 --> 52:32.040] Good man
[52:32.040 --> 52:34.040] Anyway, here's some background on this suit
[52:34.040 --> 52:38.040] And I'll just walk you through what has happened thus far
[52:38.040 --> 52:42.040] Effectively, Miss Klonoski, the planer for this suit
[52:42.040 --> 52:47.040] Was actually, she still, for all intents and purposes, is a member of the Board of Education
[52:47.040 --> 52:51.040] I remember a while ago, I called into your show concerning some allegations
[52:51.040 --> 52:55.040] Concerning what was happening with special ed students and abuse and whatnot
[52:55.040 --> 53:00.040] Well, you know how the saying goes, the squeakiest wheel gets the grease first
[53:00.040 --> 53:05.040] Well, they basically decided the squeakiest wheel gets chucked in the junkyard
[53:05.040 --> 53:08.040] Now I want to be a little specific about that
[53:08.040 --> 53:14.040] They basically said that because she was reimbursed for travel expenses relating to her son
[53:14.040 --> 53:19.040] That she magically became an employee of the Plainfield Public School System
[53:19.040 --> 53:24.040] Now in Connecticut, there's a statute that's specifically 10-232
[53:24.040 --> 53:27.040] That's Title X, Section 232
[53:27.040 --> 53:33.040] That statute says if you're actually employed by a local school board and you are on a Board of Ed
[53:33.040 --> 53:36.040] You automatically vacate your seat
[53:36.040 --> 53:41.040] So effectively, the superintendent, that's Mr. DiPetro
[53:41.040 --> 53:44.040] The chair of the Board of Ed, that's the other co-defendant did
[53:44.040 --> 53:49.040] Is they went out and they declared that she was an employee of the Plainfield Public School System
[53:49.040 --> 53:51.040] Ergo, she vacated her seat
[53:51.040 --> 53:53.040] There's one problem with that, Randy
[53:53.040 --> 53:57.040] You know what that problem is? She was never an employee
[53:57.040 --> 54:01.040] Yeah, I was going to say, they didn't take out Social Security taxes
[54:01.040 --> 54:04.040] Oh, we'll get to that, we'll get to that
[54:04.040 --> 54:11.040] So what we did is we filed a two-count complaint
[54:11.040 --> 54:17.040] And in the two-count complaint, we basically sought a writ of quote warrant
[54:17.040 --> 54:22.040] Of punishing each of these banks for exceeding the scope of their authority
[54:22.040 --> 54:24.040] Because they just declared her to be an employee
[54:24.040 --> 54:26.040] Now bear in mind, she never had a hearing
[54:26.040 --> 54:29.040] They basically just told everybody, including the town
[54:29.040 --> 54:32.040] That oh, by the way, she was an employee, so she vacated her seat
[54:32.040 --> 54:37.040] In the meantime, they actually appointed somebody to replace her
[54:37.040 --> 54:41.040] You'll probably notice in that docket summary that there's a motion to cite in parties
[54:41.040 --> 54:47.040] We actually cited in her replacement because we filed the suit before she was actually...
[54:47.040 --> 54:49.040] How do you say appointed?
[54:49.040 --> 54:55.040] So we didn't have anybody that was actually in that place yet
[54:55.040 --> 54:57.040] So basically, we were trying to cite her into the party
[54:57.040 --> 55:02.040] And we also sought a writ of mandamus basically saying, don't do that
[55:02.040 --> 55:08.040] You can't essentially go ahead and say, okay, well, this person's magically an employee
[55:08.040 --> 55:13.040] We basically are seeking a writ of mandamus saying, don't make these people employees
[55:13.040 --> 55:16.040] Because they never had a criminal background check
[55:16.040 --> 55:18.040] They never signed a W-fort
[55:18.040 --> 55:21.040] And by the way, in Connecticut, in order to be an employee of a public school system
[55:21.040 --> 55:25.040] You have to have a criminal background check and you have to be fingerprinted
[55:25.040 --> 55:29.040] So the writ of mandamus that we're seeking basically says
[55:29.040 --> 55:33.040] If you're going to declare somebody to be an employee, go through these steps
[55:33.040 --> 55:36.040] Otherwise, shut the heck up, you know
[55:36.040 --> 55:41.040] So essentially, what we did is...
[55:41.040 --> 55:46.040] Wait a minute, either go through these steps or if you say these things
[55:46.040 --> 55:49.040] You're committing aggravated perjury
[55:49.040 --> 55:54.040] Well, yeah, I mean, that's something we're probably going to get to toward the end of the suit
[55:54.040 --> 56:01.040] But long story short, she went through a series of ethics hearings
[56:01.040 --> 56:06.040] Which as you know, in a small town, the ethics code is basically designed
[56:06.040 --> 56:08.040] Where anybody could run afoul of it
[56:08.040 --> 56:12.040] And if you make noise, they're going to find you guilty of it, no matter what
[56:12.040 --> 56:16.040] Initially, what they tried to do with the ethics hearings is claim she was an employee
[56:16.040 --> 56:20.040] But believe it or not, when the ethics hearings actually concluded
[56:20.040 --> 56:24.040] You know what the recommendation was for my co-plan?
[56:24.040 --> 56:31.040] They recommended that they remove her from the Board of Ed
[56:31.040 --> 56:35.040] It's not me if this doesn't make any sense
[56:35.040 --> 56:38.040] That was exhibit D on my motion for summary judgment
[56:38.040 --> 56:42.040] Which I'm going to describe here momentarily
[56:42.040 --> 56:44.040] Motion for summary judgment goes to stuff
[56:44.040 --> 56:49.040] And I just want to give people a little background on Connecticut on motions for summary judgment
[56:49.040 --> 56:54.040] In Connecticut, you can move for what's called summary judgment
[56:54.040 --> 56:57.040] And it doesn't need to be on the whole complaint
[56:57.040 --> 57:01.040] It can be on part of it, or it can be on a certain aspect of the complaint
[57:01.040 --> 57:06.040] But the bottom line, when you file a motion for summary judgment
[57:06.040 --> 57:10.040] You need to show that there are no material facts in the dispute
[57:10.040 --> 57:14.040] We just filed, and the reason it's not showing up is because they have to scan this in
[57:14.040 --> 57:16.040] It was just sent out two days ago
[57:16.040 --> 57:22.040] We filed a motion for summary judgment that she was never an employee of the Plainfield Public School Systems
[57:22.040 --> 57:27.040] Now, here's how we showed that there was no material fact in the dispute
[57:27.040 --> 57:29.040] Regardless of the fact that she was never an employee
[57:29.040 --> 57:33.040] The first exhibit is exhibit A, which is her affidavit
[57:33.040 --> 57:38.040] It basically says, first of all, I never apply for employment
[57:38.040 --> 57:42.040] Now there's statutes in Connecticut law that say you have to apply
[57:42.040 --> 57:45.040] And they have to like contact your previous employers
[57:45.040 --> 57:50.040] One of the paragraphs in exhibit A basically says they never contact any of my previous employers
[57:50.040 --> 57:53.040] And it goes through, it says they never punched a time clock
[57:53.040 --> 57:57.040] I hear the music, actually. See you on the whole
[57:57.040 --> 58:00.040] Yeah, that'd be fine. Dan, hang on
[58:00.040 --> 58:03.040] Somebody muted my mic again
[58:03.040 --> 58:06.040] Hang on, Dan, we'll be right back on the other side
[58:06.040 --> 58:09.040] We're going to talk about the hour break
[58:09.040 --> 58:11.040] This, unlike, is going to get interesting
[58:11.040 --> 58:15.040] There are lots of things that you can go after them for
[58:15.040 --> 58:24.040] And in listening to what you said, I had an idea of how they put themselves in a very serious criminal bind
[58:24.040 --> 58:28.040] Oh, yeah, yeah, I think we're doing a bam, actually
[58:28.040 --> 58:31.040] Okay, this is Randy Kelton, Debra Stephens, Eddie Craig
[58:31.040 --> 58:36.040] We move to our radio, our call at number 512-646-1984
[58:36.040 --> 58:38.040] Give us a call, get in line
[58:38.040 --> 58:41.040] We'll be right back on the other side
[59:08.040 --> 59:13.040] There are thousands of footnotes that will help you to know God and to know the meaning of life
[59:13.040 --> 59:18.040] The free books are a three-volume set called Basic Elements of the Christian Life
[59:18.040 --> 59:21.040] Chapter by chapter, Basic Elements of the Christian Life
[59:21.040 --> 59:27.040] Clearly presents God's plan of salvation, growing in Christ, and how to build up the church
[59:27.040 --> 59:33.040] To order your free New Testament recovery version and Basic Elements of the Christian Life
[59:33.040 --> 59:40.040] Call Bibles for America toll free at 888-551-0102
[59:40.040 --> 59:44.040] That's 888-551-0102
[59:44.040 --> 01:00:03.040] Or visit us online at bfa.org
[01:00:03.040 --> 01:00:08.040] We think of plans as silent objects, but new research suggests they not only respond to sounds
[01:00:08.040 --> 01:00:11.040] But they're constantly chattering with one another
[01:00:11.040 --> 01:00:16.040] Dr. Cameron Albrecht, I'll be back with more on how plans talk in a moment
[01:00:42.040 --> 01:00:49.040] You may remember when Prince Charles said he talked to his plants
[01:00:49.040 --> 01:00:53.040] People thought he was baddie, but the Prince of Wales may have been onto something
[01:00:53.040 --> 01:00:56.040] New research shows that sound is vital for plants
[01:00:56.040 --> 01:01:01.040] They not only respond to it, but they communicate with one another through clicking noises
[01:01:01.040 --> 01:01:07.040] British scientists used microphones to listen to corn saplings and heard clicking sounds coming from their roots
[01:01:07.040 --> 01:01:12.040] When they suspended the roots in water and played a continuous noise at a similar frequency to the clicks
[01:01:12.040 --> 01:01:14.040] The plants grew toward it
[01:01:14.040 --> 01:01:19.040] Well, maybe I should switch from singing in the shower to singing in the garden
[01:01:19.040 --> 01:01:21.040] At least I'll have a captive audience
[01:01:21.040 --> 01:01:26.040] I'm Dr. Cameron Albrecht for startpage.com, the world's most private search engine
[01:01:26.040 --> 01:01:30.040] Do violent video games heighten aggression?
[01:01:30.040 --> 01:01:34.040] A new study measuring brain activity says they do
[01:01:34.040 --> 01:01:57.040] I'm Dr. Cameron Albrecht and I'll tell you about new research into violent video games and behavior in a moment
[01:02:04.040 --> 01:02:06.040] It's worth hanging on to
[01:02:06.040 --> 01:02:09.040] This message is brought to you by startpage.com
[01:02:09.040 --> 01:02:13.040] The private search engine alternative to Google, Yahoo, and Bing
[01:02:13.040 --> 01:02:35.040] Start over with startpage
[01:02:43.040 --> 01:02:48.040] This activity in key areas of the brain that control emotions and aggressive behavior
[01:02:48.040 --> 01:02:55.040] Maybe kids should spend a little less time with villains and more time with heroes like maybe their parents
[01:02:55.040 --> 01:03:13.040] I'm Dr. Cameron Albrecht for startpage.com, the world's most private search engine
[01:03:25.040 --> 01:03:49.040] I'm Dr. Cameron Albrecht and I'll tell you about new research into violent video games and behavior in a moment
[01:03:49.040 --> 01:03:55.040] Okay, we are back, Randy Albrecht and Deborah Steven DeDeCraig live on radio
[01:03:55.040 --> 01:03:59.040] And we're talking to Dan from Connecticut
[01:03:59.040 --> 01:04:02.040] Hello Mr. Dan from Connecticut
[01:04:02.040 --> 01:04:09.040] Okay, anyway, I was finishing off with exhibit A and we've got four of these things going up to exhibit D
[01:04:09.040 --> 01:04:13.040] So anyway, the affidavit that she's four off basically says
[01:04:13.040 --> 01:04:18.040] I never filled out an employment application, I was never fingerprinted, both the requirements of statute
[01:04:18.040 --> 01:04:25.040] I was never provided an employee handbook, I never received W-2 form, I never completed a W-4 form
[01:04:25.040 --> 01:04:30.040] Never punched a time clock, never was interviewed by a town employee or official
[01:04:30.040 --> 01:04:35.040] Never had any right to be represented before the town for the purpose of collective bargaining
[01:04:35.040 --> 01:04:40.040] And the town has no employee personnel file and she knows that because she was on the board of Ed
[01:04:40.040 --> 01:04:47.040] And according to an earlier paragraph in the affidavit the board of Ed actually supervises all the employees including superintendent
[01:04:47.040 --> 01:04:53.040] And both of the defendants in the action represent that she was off the board and no hearing was scheduled for that effect
[01:04:53.040 --> 01:05:00.040] Okay, so that's exhibit A and as you guys know in affidavit an excellent way to establish your evidence
[01:05:00.040 --> 01:05:06.040] So, going to exhibit B which is her FOIA request directly to the town
[01:05:06.040 --> 01:05:10.040] Now, here is what she asked for in her FOIA request
[01:05:10.040 --> 01:05:20.040] The first request was copies of any W-4 tax form that she had signed between 2006 to the present for the purposes of working as an employee
[01:05:20.040 --> 01:05:23.040] Bear in mind her term of office started in 2007
[01:05:23.040 --> 01:05:29.040] The second item she requested was copies of any document indicating that she had received an employee handbook
[01:05:29.040 --> 01:05:35.040] The third request that she submitted with any and all documents created and in the possession of the school system
[01:05:35.040 --> 01:05:43.040] Generated as a result of any criminal background check which again as I said was required by statute to be an employee of the public school system
[01:05:43.040 --> 01:05:50.040] And four, she filed the fourth item in the FOIA request with a list of all W-4 employees
[01:05:50.040 --> 01:05:54.040] Now, here's the interesting thing that happened
[01:05:54.040 --> 01:06:01.040] The defendant in the case, the superintendent actually responded to her FOIA request
[01:06:01.040 --> 01:06:10.040] Here's what he said. He said, we don't have the first three items that you asked for and no document in our possession is responsive to those requests
[01:06:10.040 --> 01:06:14.040] You know what else he said? And this is all exhibit C
[01:06:14.040 --> 01:06:21.040] He also said, here's not only a list of employees that have been in the school system for the years you passed
[01:06:21.040 --> 01:06:26.040] But here's a list of all the 1099 contractors
[01:06:26.040 --> 01:06:30.040] Guess who is not on that list?
[01:06:30.040 --> 01:06:34.040] It's not a client. You're a co-defendant
[01:06:34.040 --> 01:06:36.040] Co-plainant
[01:06:36.040 --> 01:06:41.040] Yeah, this is kind of a good karma
[01:06:41.040 --> 01:06:49.040] I had a thought when you were talking about this and it's because of my mindset
[01:06:49.040 --> 01:06:54.040] They're claiming that she was an employee
[01:06:54.040 --> 01:06:58.040] Now, either she was an employee
[01:06:58.040 --> 01:07:02.040] Or they engaged an employee in misclassification, Randy
[01:07:02.040 --> 01:07:09.040] No, they engaged in aggravated perjury
[01:07:09.040 --> 01:07:12.040] That's a felony in most every state
[01:07:12.040 --> 01:07:17.040] That's another story based on some of the filings that they put forward
[01:07:17.040 --> 01:07:29.040] If their employees of the municipality or the school board, where was she supposed to have been employed?
[01:07:29.040 --> 01:07:33.040] I think we need to back up here first
[01:07:33.040 --> 01:07:35.040] An employee of the city, right?
[01:07:35.040 --> 01:07:39.040] Yes, that's what they've maintained
[01:07:39.040 --> 01:07:48.040] So they're maintaining that either they illegally hired her or they lied about hiring her
[01:07:48.040 --> 01:07:58.040] And as a matter of fact, both of the defendants in that case, in their opposition to a motion for a temporary injunction
[01:07:58.040 --> 01:08:04.040] They had both signed affidavits maintaining that she was an employee
[01:08:04.040 --> 01:08:06.040] Aggravated perjury
[01:08:06.040 --> 01:08:11.040] I actually confronted both of them at a Board of Ed meeting on this, by the way
[01:08:11.040 --> 01:08:16.040] And believe it or not, the reason that I was given a heads up on that Board of Ed meeting
[01:08:16.040 --> 01:08:21.040] is because my co-plane had found out about it through the channels, through people that are inside
[01:08:21.040 --> 01:08:27.040] They changed the minutes of the meeting with less than 24 hours notice to talk about the lawsuit that I filed
[01:08:27.040 --> 01:08:31.040] And guess what one of the subjects on that meeting's agenda was?
[01:08:31.040 --> 01:08:38.040] It was the superintendent's re-evaluation concerning whether or not he would get a raise
[01:08:38.040 --> 01:08:42.040] I showed up at that meeting
[01:08:42.040 --> 01:08:50.040] Wait, the superintendent was re-evaluating whether or not the superintendent got a raise?
[01:08:50.040 --> 01:08:54.040] No, the board was supposed to re-evaluate whether or not he would get a raise
[01:08:54.040 --> 01:09:00.040] That was thrown along with the lawsuit
[01:09:00.040 --> 01:09:04.040] So they're looking at the lawsuit he created
[01:09:04.040 --> 01:09:05.040] Yes
[01:09:05.040 --> 01:09:07.040] Or he caused
[01:09:07.040 --> 01:09:12.040] And in the same meeting they're determining whether he gets a raise or not
[01:09:12.040 --> 01:09:14.040] Yeah, they're actually trying to get a raise
[01:09:14.040 --> 01:09:20.040] I would think that the raise he should get would be with a boot to the back of his britches
[01:09:20.040 --> 01:09:26.040] But I tell you, that FOIA request, the way he responded, I have to give him credit
[01:09:26.040 --> 01:09:31.040] And he seemed to admit, okay, you got me
[01:09:31.040 --> 01:09:38.040] And basically the bottom line with this whole cluster of shenanigans here
[01:09:38.040 --> 01:09:46.040] I think the kicker here is Exhibit D, which is the whole ethics proceeding they railroaded this poor woman through
[01:09:46.040 --> 01:09:56.040] Even the ethics commission found that she was still on the board of education therefore subject to the town code of ethics
[01:09:56.040 --> 01:10:00.040] And they wanted to throw her off because of all the noise she was making
[01:10:00.040 --> 01:10:09.040] They basically claimed that because she was saying, look, he got this problem with special ed kids that, you know, that it was impairing her judgment
[01:10:09.040 --> 01:10:16.040] But the bottom line in Exhibit D, the last paragraph of that says we recommend that you remove her from the board of ed
[01:10:16.040 --> 01:10:19.040] That's Exhibit D, that's kind of telling
[01:10:19.040 --> 01:10:26.040] So basically the long story short, and the subject here is motions for summary judgment
[01:10:26.040 --> 01:10:31.040] You need to show that there's no material fact in dispute
[01:10:31.040 --> 01:10:37.040] And the case law in Connecticut says a material fact is a fact that has to do with the outcome
[01:10:37.040 --> 01:10:45.040] In other words, you can't say, I want summary judgment that this guy has black hair when it has nothing to do with the complaint
[01:10:45.040 --> 01:10:49.040] It has to do with the cause of action
[01:10:49.040 --> 01:10:55.040] And one of the things that they had raised throughout the beginning of this proceeding
[01:10:55.040 --> 01:10:59.040] They were trying to say that I didn't have standing just because I was a taxpayer
[01:10:59.040 --> 01:11:08.040] Well, guess what? I found a ton of case law in Connecticut that says you can file a quote war to suit if you were a taxpayer
[01:11:08.040 --> 01:11:13.040] Now, believe it or not, car taxes qualify. I don't own the house that I live in
[01:11:13.040 --> 01:11:20.040] But it's been held time after time after time that you can not only file a quote war to suit if you're a taxpayer
[01:11:20.040 --> 01:11:31.040] You can file it, especially if the acts complained of by this person impersonating a corporate office or usurping it or a public franchise causes your taxes to go up
[01:11:31.040 --> 01:11:38.040] Now, what wouldn't cause your taxes to go up but some kind of insane legal situation that would lead to a lawsuit?
[01:11:38.040 --> 01:11:46.040] Or even if it wasn't that, how about creating a situation where you make employees appear out of the ether?
[01:11:46.040 --> 01:11:52.040] Now, if you think about it, there is severe ramifications there
[01:11:52.040 --> 01:12:00.040] Because if you don't have workman's comp insurance and if you have an employee, you can be fined up to $10,000 in Connecticut for that
[01:12:00.040 --> 01:12:06.040] Did you request workman's comp insurance policy for her?
[01:12:06.040 --> 01:12:12.040] Yes, we did in our request for admissions. They didn't like that too much
[01:12:12.040 --> 01:12:14.040] Was it responded to?
[01:12:14.040 --> 01:12:19.040] They objected to all of them and believe it or not, their objections were frivolous
[01:12:19.040 --> 01:12:28.040] Their objection said that neither of the defendants that is the board of Ed and the superintendent have direct knowledge control or possession of that information
[01:12:28.040 --> 01:12:30.040] What?
[01:12:30.040 --> 01:12:38.040] I believe is silly because admissions in Connecticut responses there too have to be responded to under oath
[01:12:38.040 --> 01:12:50.040] So they're saying that the board and none of the top officials have any...
[01:12:50.040 --> 01:12:56.040] Normally the custodian of the record is the director of an agency
[01:12:56.040 --> 01:12:58.040] Yes
[01:12:58.040 --> 01:13:08.040] And then they can designate a custodian to stand in their place, but they're still the custodian
[01:13:08.040 --> 01:13:14.040] They're the custodian, but they don't have direction or control over those instruments
[01:13:14.040 --> 01:13:20.040] Yeah, now Randy, I almost filed a barter even on this, but I framed because I'm a nice guy
[01:13:20.040 --> 01:13:22.040] I know you don't like...
[01:13:22.040 --> 01:13:24.040] Don't be a nice guy, nice guys suck
[01:13:24.040 --> 01:13:26.040] File a bunch of barteries
[01:13:26.040 --> 01:13:28.040] What happened?
[01:13:28.040 --> 01:13:35.040] I got this insane set of objections all basically saying that the chair of the board of Ed and the superintendent have no idea who their employees are
[01:13:35.040 --> 01:13:42.040] have no idea who received, who signed a W-44 or not, and also they're happy horse crap
[01:13:42.040 --> 01:13:45.040] And I sent it to the entire board of Ed
[01:13:45.040 --> 01:13:50.040] The attorney from the other side admonished me that I am not to talk to the defendants directly
[01:13:50.040 --> 01:13:59.040] Now several attorneys have reminded me as I know that that restriction only applies to attorneys
[01:13:59.040 --> 01:14:04.040] And I reminded the attorney from the other side that, hey, I didn't fall off the turnip truck yesterday
[01:14:04.040 --> 01:14:12.040] And if you even dare tell me that I cannot talk to my public officials and servants, I will sue you in federal court under 42 U.S.C. 1983
[01:14:12.040 --> 01:14:16.040] So I would advise you not to do that
[01:14:16.040 --> 01:14:19.040] That should have got a bar grievance anyway
[01:14:19.040 --> 01:14:24.040] Oh yeah, yeah, but she's... I figure, you know, she's nice
[01:14:24.040 --> 01:14:29.040] She's been fairly humanitarian regarding other circumstances, so...
[01:14:29.040 --> 01:14:32.040] By the way, they're looking to settle
[01:14:32.040 --> 01:14:36.040] So I'm happy with that
[01:14:36.040 --> 01:14:42.040] So long as it's a good settlement and it's in writing
[01:14:42.040 --> 01:14:44.040] And I created it
[01:14:44.040 --> 01:14:48.040] I basically said, okay, well, if you're going to try to throw somebody out, do it in public
[01:14:48.040 --> 01:14:50.040] That's my only complaint
[01:14:50.040 --> 01:14:55.040] That's my only complaint about this, if you want to do something, do it in the light of day
[01:14:55.040 --> 01:14:59.040] Because like I've been trying to tell the town that I live in and its government
[01:14:59.040 --> 01:15:03.040] We had a police chief not too long ago that we let go
[01:15:03.040 --> 01:15:08.040] He was accused under a municipal ordinance called official oppression, by the way
[01:15:08.040 --> 01:15:17.040] And he was accused of pulling town employees over and trying to sleep with them using his police cruiser and his bar lights on top
[01:15:17.040 --> 01:15:21.040] And I basically said in light of that and in light of the other stuff going on
[01:15:21.040 --> 01:15:25.040] I said, look, you've got one or two things that are happening here
[01:15:25.040 --> 01:15:35.040] The first thing is people are making baseless accusations which is going to ruin somebody's professional career without merit or fair notice
[01:15:35.040 --> 01:15:39.040] Which is wrong, and you should never want that because that leads to bad results
[01:15:39.040 --> 01:15:42.040] That makes everybody think they have to be corrupt and all this other stuff
[01:15:42.040 --> 01:15:48.040] Or two, you've got somebody doing something that's wrong and they need to be stopped
[01:15:48.040 --> 01:15:51.040] And if you don't stop them, you're going to have bad things going on
[01:15:51.040 --> 01:15:58.040] Either way, that's why we have public hearings, is it not?
[01:15:58.040 --> 01:16:01.040] And I warned these guys several times
[01:16:01.040 --> 01:16:07.040] I said, look, if you do this crap, somebody's going to sue you and it's probably going to be me
[01:16:07.040 --> 01:16:12.040] And the reason it's going to be me is because I'm going to be a hell of a lot nicer than anybody else might
[01:16:12.040 --> 01:16:15.040] So...
[01:16:15.040 --> 01:16:19.040] You should still bargain with the other attorney
[01:16:19.040 --> 01:16:22.040] I might, I might
[01:16:22.040 --> 01:16:26.040] That's something that gets to go on in the background?
[01:16:26.040 --> 01:16:27.040] I know, I know
[01:16:27.040 --> 01:16:32.040] Nobody can say a word about it, they have to act like it didn't happen
[01:16:32.040 --> 01:16:36.040] But it gains you a little politics
[01:16:36.040 --> 01:16:37.040] I know
[01:16:37.040 --> 01:16:40.040] Okay, Dan, are we finished with you? Do you have some more stuff to...
[01:16:40.040 --> 01:16:43.040] No, we're finished, I don't want you to have any questions
[01:16:43.040 --> 01:16:46.040] Okay, hang on, we'll bring it back on the other side
[01:16:46.040 --> 01:16:51.040] This is Miranda Kelton, Debra Stephens, Eddie Craig, we move our radio
[01:16:51.040 --> 01:16:55.040] Our call-in number, 512-646-1984
[01:16:55.040 --> 01:16:57.040] We'll be right back
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[01:19:02.040 --> 01:19:24.040] Oh, come on!
[01:19:24.040 --> 01:19:26.040] Okay, we are back
[01:19:26.040 --> 01:19:37.040] Okay, Daniel, you indicated that you were open for some questions
[01:19:37.040 --> 01:19:39.040] And I did have a question
[01:19:39.040 --> 01:19:43.040] Before that, I do want to get into something I was thinking of on the break
[01:19:43.040 --> 01:19:47.040] That a good attorney friend, and this is a good attorney, he told me
[01:19:47.040 --> 01:19:50.040] And this is really good advice that I've seen in practice
[01:19:50.040 --> 01:19:53.040] The first thing that he told me was
[01:19:53.040 --> 01:19:58.040] If the enemy is going to surrender after he's carpet bombed them, let them do it
[01:19:58.040 --> 01:20:02.040] Especially like you've said, you know, you have to think
[01:20:02.040 --> 01:20:04.040] What is your desired outcome?
[01:20:04.040 --> 01:20:08.040] And my desired outcome was to see her put back on the board
[01:20:08.040 --> 01:20:12.040] And that's basically the way I'm procedurally handling it
[01:20:12.040 --> 01:20:19.040] Even if it means I waste my other nasty claims that I actually have against another town police officer specifically
[01:20:19.040 --> 01:20:21.040] Which I'm willing to do
[01:20:21.040 --> 01:20:24.040] The second thing that this attorney told me is
[01:20:24.040 --> 01:20:27.040] When somebody commits perjury, let them run with it
[01:20:27.040 --> 01:20:30.040] Because generally the judge actually sees it
[01:20:30.040 --> 01:20:36.040] And this turned out to be really good advice because if I just jumped all over them from the beginning
[01:20:36.040 --> 01:20:39.040] And granted, you'd jump on them a little bit
[01:20:39.040 --> 01:20:45.040] But if I didn't let them run with it, I wouldn't have been able to file for summary judgment as soon as I was
[01:20:45.040 --> 01:20:47.040] Good point
[01:20:47.040 --> 01:20:55.040] The thing with perjury, if they get an opportunity to retract
[01:20:55.040 --> 01:20:58.040] Then you can't make the claim
[01:20:58.040 --> 01:21:09.040] But my position was, what I was looking at is areas outside of what is going on at the moment
[01:21:09.040 --> 01:21:15.040] For instance, if you have reason to believe that these guys committed perjury
[01:21:15.040 --> 01:21:23.040] You go to the local district attorney and give him not quite enough to pursue
[01:21:23.040 --> 01:21:27.040] And just jump up and down and rail and write you some indignation
[01:21:27.040 --> 01:21:31.040] And wave your arms and just sound absolutely atrocious
[01:21:31.040 --> 01:21:35.040] You are mortified, you can't believe they did this, but don't give him enough
[01:21:35.040 --> 01:21:42.040] And what the prosecutor is going to have to do is develop for himself plausible deniability
[01:21:42.040 --> 01:21:47.040] And the way he'll do that is he'll have his investigator call these guys and say, well, thanks for going on
[01:21:47.040 --> 01:21:52.040] The guy down here trying to get me to have you arrested for aggravated perjury
[01:21:52.040 --> 01:21:56.040] And they're going to say, oh, blah, blah, blah, yada, yada, yada
[01:21:56.040 --> 01:22:02.040] And he's going to say, oh, okay, yeah, he's just cracked five, blah, blah, blah, okay, no problem
[01:22:02.040 --> 01:22:07.040] But he is going to scare it up, but Jesus out of them
[01:22:07.040 --> 01:22:11.040] The prosecutor is not going to move ahead and you don't want him to
[01:22:11.040 --> 01:22:15.040] Their problem is they can never say a word about it to you
[01:22:15.040 --> 01:22:18.040] It can never come into the negotiations
[01:22:18.040 --> 01:22:24.040] If they try to bring that into the negotiations, they actually had a prosecutor try to do that once
[01:22:24.040 --> 01:22:27.040] And I said, whoa, hold on
[01:22:27.040 --> 01:22:33.040] He wanted me to withdraw my complaints, I said, I don't have any power over that
[01:22:33.040 --> 01:22:41.040] If these guys, you know, all I do is give notice of the crime, I don't have any power to negotiate over whether I file a criminal charge or not
[01:22:41.040 --> 01:22:49.040] You can't negotiate with me to get me to commit misprison of felony, that would be conspiracy to commit
[01:22:49.040 --> 01:22:53.040] And the prosecutor looked like he wanted to shoot me
[01:22:53.040 --> 01:22:56.040] But if you do this, this is a separate form
[01:22:56.040 --> 01:22:59.040] Totally separate from what they're in
[01:22:59.040 --> 01:23:04.040] And if you file it and you don't give the prosecutor enough to work with
[01:23:04.040 --> 01:23:08.040] He's just going to call them and tell them, you know, this guy's trying to get me to arrest you
[01:23:08.040 --> 01:23:14.040] He's not going to arrest them, but it gives you a little more politics
[01:23:14.040 --> 01:23:18.040] Gives them more reason to come to the table
[01:23:18.040 --> 01:23:26.040] But I absolutely agree with paying close attention to what your intended outcome is
[01:23:26.040 --> 01:23:31.040] So I definitely appreciate that
[01:23:31.040 --> 01:23:41.040] Yeah, because the whole thing that I'm coming from is this town is, look, it's a small town, there's like 16,000 people in it
[01:23:41.040 --> 01:23:47.040] I mean, I've known most of these people growing up and honestly, whenever I've had a problem with anybody
[01:23:47.040 --> 01:23:53.040] I've come forward in a public meeting, I respect everybody, everybody respects me
[01:23:53.040 --> 01:23:59.040] It was just kind of this one case where I ended up, like, putting my foot in local politics
[01:23:59.040 --> 01:24:05.040] Because quite honestly, if somebody's making an allegation of abuse toward children
[01:24:05.040 --> 01:24:12.040] I look at it like, A, the allegation is completely unfounded and somebody's career is being ruined without any good cause
[01:24:12.040 --> 01:24:17.040] Which is bad, or there's something severely wrong with it
[01:24:17.040 --> 01:24:22.040] And we need to actually have somebody prosecuted because when these allegations came out
[01:24:22.040 --> 01:24:29.040] One of the allegations was that they put autistic children, you're probably familiar with autism and how autistic kids are, right?
[01:24:29.040 --> 01:24:30.040] Yes, I am
[01:24:30.040 --> 01:24:35.040] You know how some of them are uncomfortable with small spaces?
[01:24:35.040 --> 01:24:36.040] Yes
[01:24:36.040 --> 01:24:43.040] One of them, the newspaper article was put in a room that was called the closet
[01:24:43.040 --> 01:24:50.040] And it was called the closet because the dimensions of the room were four foot by six foot and the window was taped over
[01:24:50.040 --> 01:24:55.040] And I went down to the Board of Ed meeting, way before the suit even happened
[01:24:55.040 --> 01:25:02.040] And the Board of Ed members that I am actually, as my co-planist, we really hadn't even established a relationship before
[01:25:02.040 --> 01:25:10.040] And I just went down there with my measuring tape and I said, guys, let's stop calling this a closet or a fridge or whatever it is
[01:25:10.040 --> 01:25:14.040] And I pulled out the email that I got from the superintendent's office at the time
[01:25:14.040 --> 01:25:17.040] This was before the new superintendent that we're suing
[01:25:17.040 --> 01:25:20.040] And I said, listen, stop calling it a closet
[01:25:20.040 --> 01:25:22.040] The dimensions are four foot by six foot
[01:25:22.040 --> 01:25:27.040] I pulled out my measuring tape and I said, look, this is four feet, okay?
[01:25:27.040 --> 01:25:30.040] This is six feet, that's how long it is
[01:25:30.040 --> 01:25:34.040] Look, call it what it is, don't call it a closet, don't call it whatever
[01:25:34.040 --> 01:25:39.040] Just say it's four foot by six foot, this is how long it is, this is what we're dealing with
[01:25:39.040 --> 01:25:45.040] And I aired those cisterns that I had and I said, look, if somebody did something wrong
[01:25:45.040 --> 01:25:48.040] We should have a prosecution going on
[01:25:48.040 --> 01:25:52.040] You know, we shouldn't have this, we'll deal with it behind closed doors type of thing
[01:25:52.040 --> 01:25:56.040] And that really disturbed quite a few people
[01:25:56.040 --> 01:26:00.040] And I know it didn't make me any friends, but you know what?
[01:26:00.040 --> 01:26:02.040] The right thing is the right thing
[01:26:02.040 --> 01:26:05.040] And you'd rather just have it hashed out
[01:26:05.040 --> 01:26:17.040] Yes, I actually had a, I made the mayor and a city councilman stand trial in the city council
[01:26:17.040 --> 01:26:21.040] One of the city councilmen threw a piece of paper at me
[01:26:21.040 --> 01:26:24.040] And I charged him with official misconduct
[01:26:24.040 --> 01:26:31.040] The mayor did so much stuff that at the hearing I told them that
[01:26:31.040 --> 01:26:38.040] I just charged him with official misconduct, I'm sorry, I charged him with incompetence
[01:26:38.040 --> 01:26:45.040] Because considering all of the felony crimes that he has committed
[01:26:45.040 --> 01:26:48.040] I could not imagine he would do this on purpose
[01:26:48.040 --> 01:26:56.040] The only way I could imagine him doing something like this is he just did not understand the nature of what he was doing
[01:26:56.040 --> 01:26:58.040] Therefore, he is incompetent
[01:26:58.040 --> 01:27:03.040] And when I did that, the mayor was behind the desk and I was standing in front of it
[01:27:03.040 --> 01:27:10.040] He put his hands on the desk and raged up like he was going to come over it
[01:27:10.040 --> 01:27:13.040] And I thought, you just come right over that thing
[01:27:13.040 --> 01:27:17.040] I put you right back where you came from
[01:27:17.040 --> 01:27:21.040] So later I got a call from this city councilman
[01:27:21.040 --> 01:27:25.040] And he told me that everybody in town was laughing at me
[01:27:25.040 --> 01:27:28.040] And I thought I was foolish
[01:27:28.040 --> 01:27:30.040] And I said, well, maybe
[01:27:30.040 --> 01:27:38.040] But if I have to choose between the people of this town liking me and respecting me
[01:27:38.040 --> 01:27:42.040] That is not a decision I need to make
[01:27:42.040 --> 01:27:45.040] They may think I'm foolish and crazy and all that other
[01:27:45.040 --> 01:27:47.040] But they are not going to want to mess with me
[01:27:47.040 --> 01:27:51.040] I'll tell you, going back to that thing that happened with the old police chief
[01:27:51.040 --> 01:27:56.040] And this is something that everybody does agree with me on for their own reasons
[01:27:56.040 --> 01:28:01.040] I said, listen, this guy has been a police chief for even 20 years
[01:28:01.040 --> 01:28:03.040] He was allowed to retire
[01:28:03.040 --> 01:28:06.040] I said, listen, he deserves his day in court
[01:28:06.040 --> 01:28:10.040] And he deserves his day in court whether he did do what he was accused of
[01:28:10.040 --> 01:28:12.040] Or he didn't do what he was accused of
[01:28:12.040 --> 01:28:16.040] And I remember the police commission back when we had a different selectman
[01:28:16.040 --> 01:28:19.040] They didn't initially want to read the charges
[01:28:19.040 --> 01:28:22.040] So one of the things that I actually...
[01:28:22.040 --> 01:28:24.040] And this is a public meeting I did this Randy
[01:28:24.040 --> 01:28:28.040] They, you know, I was like yelling, read the charges
[01:28:28.040 --> 01:28:30.040] And they said, we're not going to read the charges
[01:28:30.040 --> 01:28:34.040] And I yelled full expletive loudly and stood up
[01:28:34.040 --> 01:28:36.040] And you and everybody else did
[01:28:36.040 --> 01:28:39.040] They were like, yeah, read the charges
[01:28:39.040 --> 01:28:41.040] And they read the charges
[01:28:44.040 --> 01:28:46.040] Wonderful
[01:28:46.040 --> 01:28:51.040] At some point, we need some people who stand up for what's right
[01:28:51.040 --> 01:28:57.040] And, you know, for my part, if they like it, they don't like it, it doesn't matter
[01:28:57.040 --> 01:29:01.040] And a lot of people in this county don't like me
[01:29:01.040 --> 01:29:05.040] But I get a lot of respect
[01:29:05.040 --> 01:29:14.040] Nobody has ever accused me of acting for personal reasons or facetiously or unconsciously
[01:29:14.040 --> 01:29:16.040] Do the right thing for the right reason
[01:29:16.040 --> 01:29:19.040] And it doesn't matter what anybody thinks
[01:29:19.040 --> 01:29:22.040] Yeah, and like I was going to say
[01:29:22.040 --> 01:29:27.040] I have no opinion on the merits of this old police chief case
[01:29:27.040 --> 01:29:30.040] But I just saw this repeating itself with the Board of Ed
[01:29:30.040 --> 01:29:32.040] And I'm like, come on, guys
[01:29:32.040 --> 01:29:35.040] I mean, we need to have this out in a legitimate form
[01:29:35.040 --> 01:29:38.040] We can't just deal with this behind closed doors
[01:29:38.040 --> 01:29:41.040] I don't know if you had any more questions or comments
[01:29:41.040 --> 01:29:44.040] You did, I'll hold, but if not, I'll let you get to other cars
[01:29:44.040 --> 01:29:48.040] Okay, anyone who brings up my call, please just go
[01:29:48.040 --> 01:29:52.040] All right, folks, we'll be right back on the other side of this break
[01:29:52.040 --> 01:29:55.040] This is Rule of Law Radio, we'll be right back
[01:30:00.040 --> 01:30:04.040] A noble lie, Oklahoma City, 1995 will change forever
[01:30:04.040 --> 01:30:06.040] The way you look at the true nature of terrorism
[01:30:06.040 --> 01:30:10.040] Based on the damage pattern to the building, but the government says it's impossible
[01:30:10.040 --> 01:30:14.040] The grand jury did not want to hear anything I had to say
[01:30:14.040 --> 01:30:17.040] The decision was made not to pursue any more of those individuals
[01:30:17.040 --> 01:30:22.040] Some of these columns were ripped up, shredded, tossed around
[01:30:22.040 --> 01:30:26.040] The people that did the things they did knew doggone well what they were doing
[01:30:26.040 --> 01:30:51.040] Expose the cover-up now at EnobleLie.com
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[01:32:28.040 --> 01:32:31.040] Okay, we are back, we're anti-cultivation students
[01:32:31.040 --> 01:32:36.040] Stay quick, we're on radio, we're talking to Dan Rio
[01:32:36.040 --> 01:32:39.040] Dan, we are running short
[01:32:39.040 --> 01:32:43.040] Do we have anything else we need to address with you?
[01:32:43.040 --> 01:32:46.040] Do you have any other callers?
[01:32:46.040 --> 01:32:48.040] We've got two more callers
[01:32:48.040 --> 01:32:50.040] So we've got a little more time
[01:32:50.040 --> 01:32:52.040] If you've got something else, go ahead
[01:32:52.040 --> 01:32:58.040] Simply put, in Connecticut, again, case law is different in your state
[01:32:58.040 --> 01:33:04.040] But the action in the nature of Coal Warranty is targeted toward a surfer of a public office
[01:33:04.040 --> 01:33:08.040] For example, if somebody says, I am the dog catcher
[01:33:08.040 --> 01:33:12.040] And they write on the side of their van, dog catcher of the town of whatever
[01:33:12.040 --> 01:33:17.040] And they start catching dogs and you file a suit in the nature of Coal Warranty against them
[01:33:17.040 --> 01:33:23.040] The burden of proof is on them to say, okay, not only was I appointed to the office of dog catcher
[01:33:23.040 --> 01:33:26.040] I had ex-authority to go out and catch your dog
[01:33:26.040 --> 01:33:31.040] Because your dog bit on somebody, defecated on someone's yard, whatever, what have you
[01:33:31.040 --> 01:33:36.040] Mandamus, mandamus is pretty straightforward in most states and it's pretty common
[01:33:36.040 --> 01:33:41.040] But again, the case law is dependent on your state and the law is dependent on your state
[01:33:41.040 --> 01:33:45.040] But effectively, if you want to file a complaint in the nature of mandamus
[01:33:45.040 --> 01:33:49.040] You have to show that A, the defendant had a legal duty
[01:33:49.040 --> 01:33:52.040] B, the duty was prescribed in X statute
[01:33:52.040 --> 01:33:56.040] And C, the defendant failed to perform that duty
[01:33:56.040 --> 01:33:59.040] Those are the essential elements of both causes of action
[01:33:59.040 --> 01:34:03.040] So I guess with that, I'll leave you guys to where you are
[01:34:03.040 --> 01:34:09.040] Okay, mandamus is similar in most every state, Coal Warranty in Texas
[01:34:09.040 --> 01:34:17.040] It's very similar in that Coal Warranty is an action to remove a public official from office
[01:34:17.040 --> 01:34:23.040] And in what you're stating in what a, if a Coal Warranty is filed
[01:34:23.040 --> 01:34:28.040] Goes directly to commercial law
[01:34:28.040 --> 01:34:37.040] You have an individual making a claim to have authority as a public official
[01:34:37.040 --> 01:34:41.040] Since they have made the proactive claim
[01:34:41.040 --> 01:34:47.040] If you doubt that they are who they say they are, you don't have to prove that they're not who they are
[01:34:47.040 --> 01:34:53.040] They're the ones, they made the claim, they're the ones that has the duty to prove it up
[01:34:53.040 --> 01:34:57.040] It's a deep cause of action and the burden of proof is on the defendants
[01:34:57.040 --> 01:35:03.040] As a matter of fact, our appellate court even said historically the writ of Coal Warranty originate is
[01:35:03.040 --> 01:35:11.040] A device to require the Norman kings' barons to justify their claims to power or to abandon them
[01:35:11.040 --> 01:35:13.040] Beautiful
[01:35:13.040 --> 01:35:24.040] And that was in Sully v. Westport 145, Connecticut 648, 652, 145, AD 742, with 1950 in case
[01:35:24.040 --> 01:35:29.040] That's in my motion for summary judgment, I give a whole history of this
[01:35:29.040 --> 01:35:32.040] Good, Coal Warranty is really powerful
[01:35:32.040 --> 01:35:37.040] It's harder to use in Texas because
[01:35:37.040 --> 01:35:46.040] In Coal Warranty, there are certain cases where, for instance, if a public official is convicted of a felony
[01:35:46.040 --> 01:35:50.040] He is required to be removed Coal Warranty immediately
[01:35:50.040 --> 01:35:56.040] But there are other reasons, Coal Warranty is an action to remove a public official from office
[01:35:56.040 --> 01:36:00.040] And I'll make one final quick note before I get off the air here really quickly
[01:36:00.040 --> 01:36:07.040] In Connecticut, Coal Warranty is typically misunderstood by superior court judges
[01:36:07.040 --> 01:36:11.040] Typically what happens is the appellate court knows what we're talking about
[01:36:11.040 --> 01:36:18.040] And they reverse the case and remand it with direction to issue the writ of Coal Warranty
[01:36:18.040 --> 01:36:20.040] Wonderful
[01:36:20.040 --> 01:36:29.040] So, okay, you're at the point in this issue to where the other side is essentially crying uncle and wanting to make a deal
[01:36:29.040 --> 01:36:36.040] And I filed the motion to terminate the appellate state pursuant to practice books 61-14
[01:36:36.040 --> 01:36:43.040] I think it's subparagraph D because I believe these dinks are going to try to drag it on and make this woman's
[01:36:43.040 --> 01:36:46.040] That is poor woman's term on the board of ed expire
[01:36:46.040 --> 01:36:49.040] So that it would be moot
[01:36:49.040 --> 01:36:58.040] What is the remedy if you had a right to a position and you were illegally denied the right to the position?
[01:36:58.040 --> 01:37:05.040] Well, the remedy would be that the court would not only issue a writ of Coal Warranty
[01:37:05.040 --> 01:37:09.040] But I believe it's Connecticut General Statutes
[01:37:09.040 --> 01:37:18.040] I want to say 51-591 or 2 that they would also punish the defendants in accordance with the common law
[01:37:18.040 --> 01:37:25.040] And the punishment typically kind of goes with the degree that they've agreed the person
[01:37:25.040 --> 01:37:29.040] The financial harm they've caused and I believe there's punitive damages involved
[01:37:29.040 --> 01:37:40.040] What about the harm to the electorate who elected this person and didn't have the were not availed of the services of this person?
[01:37:40.040 --> 01:37:51.040] I do believe they have to pay the legal expenses, but I mean it's such a it's such a rarely used form of cause of action that
[01:37:51.040 --> 01:37:55.040] I mean it's probably not a lot of case law
[01:37:55.040 --> 01:37:58.040] There isn't a lot of case law in Connecticut that's what I was going to say
[01:37:58.040 --> 01:38:06.040] I know the big one was the demerits the Norwalk Firefighters Department and in that case believe it or not
[01:38:06.040 --> 01:38:13.040] They even said that you don't even have to specifically name the people that have usurped the office
[01:38:13.040 --> 01:38:18.040] Which I thought was kind of weird but I'm going to run with it
[01:38:18.040 --> 01:38:22.040] That went all the way to the Supreme Court in Connecticut by the way
[01:38:22.040 --> 01:38:30.040] Interesting so it looks like you're going to get this person reinstated or?
[01:38:30.040 --> 01:38:37.040] Oh yeah I mean and there's another motion I put in for order which basically says as soon as you grant this motion for summary judgment
[01:38:37.040 --> 01:38:40.040] Order this person back on the board
[01:38:40.040 --> 01:38:49.040] Now what they should at that point whether I mean theoretically they probably could say she's just too much you know damn trouble and we're just going to vote her off or whatever
[01:38:49.040 --> 01:38:57.040] But they kind of look pretty bad with that and we've already created quite a bit of politics with it so I don't think they're going to go to that step
[01:38:57.040 --> 01:38:59.040] Good
[01:38:59.040 --> 01:39:05.040] Okay well we need to do need to move along we've got a couple more calls and we're running out of time
[01:39:05.040 --> 01:39:11.040] You know thank you Dan you always make a good guess you always bring interesting stuff
[01:39:11.040 --> 01:39:13.040] I try to
[01:39:13.040 --> 01:39:23.040] Thank you Dan and good luck on your how's your election did running looking pretty good the Republicans gave up we're going to charge in there
[01:39:23.040 --> 01:39:32.040] Wonderful so you may be a high level public official you may be one of the people that we're going after here pretty soon
[01:39:32.040 --> 01:39:36.040] We've got an oath under penalty of purge I gave you plenty ammo
[01:39:36.040 --> 01:39:43.040] Okay thank you Dan okay we're going to go to John in Texas
[01:39:43.040 --> 01:39:46.040] John what do you have for us today
[01:39:46.040 --> 01:40:01.040] Hey John I'm ready this is John we spoke last night about about the assault case and I tried to do some further research and I couldn't find any additional information
[01:40:01.040 --> 01:40:25.040] on whether or not I can file a lien on a lien on the house in regards to the owner of the house who in my opinion allowed we know a couple of assaults against my person by being willfully negligent in allowing
[01:40:25.040 --> 01:40:38.040] Let me address that we have someone earlier okay who accused the landlord of trying to throw someone out of the property because he didn't like him
[01:40:38.040 --> 01:40:40.040] I heard part of that
[01:40:40.040 --> 01:40:55.040] Yeah then when I heard that I was thinking about your issue where you're saying that the landlord didn't throw these people out and I thought you know if I was a landlord I'd be in a tough spot
[01:40:55.040 --> 01:41:11.040] If I throw somebody out I get accused of denying somebody's rights if I do throw somebody out no matter which way I go I'm in trouble
[01:41:11.040 --> 01:41:30.040] Well not necessarily in this case because in my opinion I mean I can understand how someone marked a framing in that way however the owner didn't do any background checks didn't check any references and I mean I have a personal experience
[01:41:30.040 --> 01:41:35.040] Does he have a duty to do background checks or references
[01:41:35.040 --> 01:41:49.040] Well he has a he's got a duty to provide for health and safety of the house and if you bring somebody into the house who is committing a durable illegal activities I mean
[01:41:49.040 --> 01:41:56.040] Well no okay I'm trying to go to what you would be able to adjudicate
[01:41:56.040 --> 01:41:57.040] Okay
[01:41:57.040 --> 01:42:03.040] What level of due diligence is required of a landlord
[01:42:03.040 --> 01:42:13.040] Well my understanding is that as a bare minimum he's supposed to provide for health and safety of the house and if you
[01:42:13.040 --> 01:42:27.040] What health and safety of the house is that does that go to the hard fixtures can you move that to include other attempts
[01:42:27.040 --> 01:42:37.040] Indeed that's my understanding after I mean talking to some of the people at the you know at the tenants council is that it is my understanding is that it is
[01:42:37.040 --> 01:42:47.040] The duty for the landlord to indeed provide for health and safety of residents of the house where the landlord might be renting rooms
[01:42:47.040 --> 01:42:50.040] Okay here's the concern
[01:42:50.040 --> 01:42:51.040] Okay
[01:42:51.040 --> 01:43:00.040] I have been falsely accused by my wife of beating her up and this you know defaults turns to this kind of thing all the time
[01:43:00.040 --> 01:43:01.040] Right
[01:43:01.040 --> 01:43:13.040] So I'm charged with assault and I get a history of being charged with assault now I may come along and get it thrown out later but that criminal history never goes away
[01:43:13.040 --> 01:43:17.040] So I might get a divorce and I need to rent a property
[01:43:17.040 --> 01:43:22.040] And the landlord doesn't check on me and say well you've been accused of assault and you ain't written my property
[01:43:22.040 --> 01:43:27.040] What if a person has a conviction for assault and
[01:43:27.040 --> 01:43:30.040] Even then is he
[01:43:35.040 --> 01:43:44.040] I'm looking at both sides you know how do we draw a line here to find justice for both sides
[01:43:44.040 --> 01:43:48.040] Okay, hang on. This is Randy, Kevin, David Stevens and Craig
[01:43:48.040 --> 01:43:53.040] The rules on radio are calling number 512-646-1984
[01:43:53.040 --> 01:43:55.040] We'll be right back
[01:44:00.040 --> 01:44:09.040] It is so enlightening to listen to 90.1 FM but finding things on the internet isn't so easy and neither is finding like-minded people to share it with
[01:44:09.040 --> 01:44:12.040] Oh well I guess you haven't heard of Brave New Books then
[01:44:12.040 --> 01:44:14.040] Brave New Books?
[01:44:14.040 --> 01:44:20.040] Yes Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul and G. Edward Griffin
[01:44:20.040 --> 01:44:24.040] They even stock inner food, Berkey products and Calvin Soap
[01:44:24.040 --> 01:44:27.040] There's no way a place like that exists
[01:44:27.040 --> 01:44:32.040] Go check it out for yourself it's downtown at 1904 Guadalupe Street just south of UT
[01:44:32.040 --> 01:44:36.040] Oh by UT there's never anywhere to park down there
[01:44:36.040 --> 01:44:43.040] Usually they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore
[01:44:43.040 --> 01:44:47.040] It does exist but when are they open?
[01:44:47.040 --> 01:44:52.040] Monday through Saturday 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays
[01:44:52.040 --> 01:44:59.040] So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com
[01:45:01.040 --> 01:45:04.040] Are you the plaintiff or defendant in a lawsuit?
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[01:46:26.040 --> 01:46:32.040] We came, we are back
[01:46:32.040 --> 01:46:38.040] Randy Kelkin, Devin Stevens at Creighton Rule of Law Radio were talking to John in Texas
[01:46:38.040 --> 01:46:43.040] And John I wasn't trying to be difficult going out
[01:46:43.040 --> 01:46:47.040] But what I'm doing is I'm taking the other side
[01:46:47.040 --> 01:46:50.040] If you're going to go after these guys
[01:46:50.040 --> 01:46:55.040] What you have to do is get on both sides
[01:46:55.040 --> 01:46:57.040] You ever play chess?
[01:46:57.040 --> 01:46:59.040] I have
[01:46:59.040 --> 01:47:01.040] Let me offer a suggestion
[01:47:01.040 --> 01:47:04.040] Sit down with somebody and start a chess game
[01:47:04.040 --> 01:47:08.040] And six moves in
[01:47:08.040 --> 01:47:13.040] Take the chess board and turn it around
[01:47:13.040 --> 01:47:22.040] You will be absolutely astounded at how different the board looks from your side than it did from the other side
[01:47:22.040 --> 01:47:26.040] And then play the other side
[01:47:26.040 --> 01:47:33.040] In order to make a good convincing argument
[01:47:33.040 --> 01:47:39.040] You have to anticipate the other side's position
[01:47:39.040 --> 01:47:47.040] This guy is going to say, man, you know, I was younger and I was wacko
[01:47:47.040 --> 01:47:55.040] My father was a drunk, my mother was a junkie, my father was a drunk, me old, my old
[01:47:55.040 --> 01:47:58.040] That's why I'm a punk
[01:47:58.040 --> 01:48:00.040] But I got over that
[01:48:00.040 --> 01:48:02.040] But this is haunting me
[01:48:02.040 --> 01:48:04.040] And I can't live a normal life
[01:48:04.040 --> 01:48:06.040] Because I'm trying to move into this apartment
[01:48:06.040 --> 01:48:10.040] This guy down here, he's got an attitude toward me
[01:48:10.040 --> 01:48:12.040] He's bringing all of this up
[01:48:12.040 --> 01:48:15.040] Trying to get me thrown out of my property, my house
[01:48:15.040 --> 01:48:17.040] What am I supposed to do?
[01:48:17.040 --> 01:48:22.040] How do you counter that?
[01:48:22.040 --> 01:48:28.040] You're supposed to stop beating me up for one thing
[01:48:28.040 --> 01:48:31.040] This is what I'm trying to do is take both sides
[01:48:31.040 --> 01:48:36.040] And if you were to have a powerful argument
[01:48:36.040 --> 01:48:42.040] The best way to diffuse the other side's argument is to bring it up before they do
[01:48:42.040 --> 01:48:44.040] Right
[01:48:44.040 --> 01:48:50.040] And you might bring up that you realize that this guy's probably going to be concerned
[01:48:50.040 --> 01:48:55.040] That his past criminal history of assault is going to weigh against him
[01:48:55.040 --> 01:48:58.040] But it should because he's still doing the same thing he was doing
[01:48:58.040 --> 01:49:00.040] Yeah
[01:49:00.040 --> 01:49:04.040] Now he's whining about being mistreated
[01:49:04.040 --> 01:49:07.040] He's short-circuited because you've already preempted it
[01:49:07.040 --> 01:49:12.040] I do suggest that you take his side
[01:49:12.040 --> 01:49:17.040] No one else to take your side and you take his side and argue against yourself
[01:49:17.040 --> 01:49:19.040] Okay
[01:49:19.040 --> 01:49:25.040] That will leave you prepared for anything the other side tries to throw at you
[01:49:25.040 --> 01:49:28.040] Right, I like that
[01:49:28.040 --> 01:49:31.040] You know, I'm also considering bar-grieving
[01:49:31.040 --> 01:49:36.040] You know, now this is a slightly different question
[01:49:36.040 --> 01:49:41.040] Bar-grieving the court-appointed lawyer of the man who assaulted me
[01:49:41.040 --> 01:49:46.040] Oh, that is wonderful
[01:49:46.040 --> 01:49:51.040] I'm just, I'm tired of it. It's been, you know, it'll be eight months in October
[01:49:51.040 --> 01:49:56.040] And I just, you know, I prefer not to, but I, you know
[01:49:56.040 --> 01:49:59.040] No, wait, wait, wait, wait, get over that
[01:49:59.040 --> 01:50:00.040] Okay
[01:50:00.040 --> 01:50:07.040] Understand this is not the same environment that you normally live in
[01:50:07.040 --> 01:50:08.040] Right
[01:50:08.040 --> 01:50:11.040] We live in a civil society
[01:50:11.040 --> 01:50:16.040] And a civil society has certain rules
[01:50:16.040 --> 01:50:22.040] If we're in a civil society and you do something that I disapprove of
[01:50:22.040 --> 01:50:28.040] I owe it to come to you to look you right in the eye and say, I disapprove
[01:50:28.040 --> 01:50:32.040] And give you opportunity to cure
[01:50:32.040 --> 01:50:37.040] To say, you have harmed me, fix it
[01:50:37.040 --> 01:50:38.040] Right
[01:50:38.040 --> 01:50:42.040] We're not in that kind of environment in what we're dealing in law
[01:50:42.040 --> 01:50:46.040] In spite of what they say about it, it's all about bushwhack
[01:50:46.040 --> 01:50:47.040] Okay
[01:50:47.040 --> 01:50:50.040] Everybody's trying to set you up
[01:50:50.040 --> 01:50:53.040] Lawyers, they're just trying to win
[01:50:53.040 --> 01:50:54.040] Yes
[01:50:54.040 --> 01:51:00.040] They will look you right in the eye and lie like a dog
[01:51:00.040 --> 01:51:01.040] Yes
[01:51:01.040 --> 01:51:04.040] Okay, well, maybe they're not lying
[01:51:04.040 --> 01:51:10.040] But it behooves you to conduct yourself as if they are at all times
[01:51:10.040 --> 01:51:11.040] Right
[01:51:11.040 --> 01:51:18.040] It behooves you to conduct yourself as if the court will rule against you out of hand at every turn
[01:51:18.040 --> 01:51:19.040] Right
[01:51:19.040 --> 01:51:30.040] It behooves you to consider that if you talk to a police officer and it's not recorded by your recording, not theirs
[01:51:30.040 --> 01:51:37.040] That they will take everything you say and twist it around and swear that you said something else
[01:51:37.040 --> 01:51:38.040] Right
[01:51:38.040 --> 01:51:43.040] Now, that may not actually be the fact
[01:51:43.040 --> 01:51:52.040] But if you conduct yourself as if it is the fact, you'll be better protected
[01:51:52.040 --> 01:52:05.040] And you won't feel betrayed and mistreated, you will be a much more formidable adversary
[01:52:05.040 --> 01:52:12.040] I'm even considering bringing a recording device into the courtroom because quite honestly, I'm not sure that I trust the proceeding
[01:52:12.040 --> 01:52:15.040] And I'm not even sure I trust the judge
[01:52:15.040 --> 01:52:20.040] And I've even told the idea of barred grieving the judge if he's a lawyer
[01:52:20.040 --> 01:52:22.040] No, judicial conduct is good for the judge
[01:52:22.040 --> 01:52:25.040] This is my suggestion for a recording device
[01:52:25.040 --> 01:52:29.040] Do not bring a recording device into the courtroom
[01:52:29.040 --> 01:52:31.040] Okay
[01:52:31.040 --> 01:52:33.040] Bring three
[01:52:33.040 --> 01:52:34.040] Okay
[01:52:34.040 --> 01:52:38.040] Put one on the table and turn it on
[01:52:38.040 --> 01:52:39.040] Uh-huh
[01:52:39.040 --> 01:52:44.040] And when they tell you to turn it off, oh, okay, I object, I object, I object
[01:52:44.040 --> 01:52:47.040] And they insist, okay, you turn it off
[01:52:47.040 --> 01:52:48.040] Uh-huh
[01:52:48.040 --> 01:52:53.040] You just forget to mention the other two
[01:52:53.040 --> 01:53:07.040] We had someone call in from New York and played for us the recording of the police officers trying to figure out how to erase the recording on the first device
[01:53:07.040 --> 01:53:08.040] Uh-huh
[01:53:08.040 --> 01:53:10.040] Oh, that was a hoot
[01:53:10.040 --> 01:53:11.040] Yeah
[01:53:11.040 --> 01:53:21.040] If you bring a recording device and you set it right out on the table, turn it on, and the judge objects, you remind the judge that in the quick decision
[01:53:21.040 --> 01:53:30.040] The Supreme Court said that we have the right to record our public officials while they're performing their duties
[01:53:30.040 --> 01:53:31.040] Uh-huh
[01:53:31.040 --> 01:53:41.040] And you may have a rule that forbids recording the proceedings, but you may not enforce that rule as it violates law
[01:53:41.040 --> 01:53:46.040] First Amendment and the quick ruling of the Supreme Court
[01:53:46.040 --> 01:53:47.040] The quick
[01:53:47.040 --> 01:53:54.040] And if the judge still insists, you tell them, okay, I will turn this off under protest
[01:53:54.040 --> 01:53:56.040] Very
[01:53:56.040 --> 01:54:02.040] Just don't tell them about the other two, and as a suggestion for the other two
[01:54:02.040 --> 01:54:06.040] Make at least one of them an MP3 player
[01:54:06.040 --> 01:54:07.040] Uh-huh
[01:54:07.040 --> 01:54:12.040] Find an MP3 player with record on it
[01:54:12.040 --> 01:54:13.040] Uh-huh
[01:54:13.040 --> 01:54:16.040] They're generally the cheapest model
[01:54:16.040 --> 01:54:17.040] Okay
[01:54:17.040 --> 01:54:27.040] I have one of those, and that son of a gun has the best microphone of any recording device I've ever used
[01:54:27.040 --> 01:54:28.040] Uh-huh
[01:54:28.040 --> 01:54:36.040] I have a pen that gets better video than my cell phone
[01:54:36.040 --> 01:54:37.040] Uh-huh
[01:54:37.040 --> 01:54:47.040] I once told my sheriff that, you know, I'm an old combat veteran, and, you know, I've been beat up, banged up, blown up, and I don't hear so well anymore
[01:54:47.040 --> 01:54:48.040] Uh-huh
[01:54:48.040 --> 01:54:52.040] Will you look and speak clearly into my pen, please?
[01:54:52.040 --> 01:54:53.040] Uh-huh
[01:54:53.040 --> 01:54:54.040] Uh-huh
[01:54:54.040 --> 01:54:55.040] Uh-huh
[01:54:55.040 --> 01:55:02.040] Well, I have one of those, and it does a very good job. It has a great microphone in it
[01:55:02.040 --> 01:55:03.040] Uh-huh
[01:55:03.040 --> 01:55:10.040] But the one in that MP3 player, and what I did with it, the MP3 player is relatively small
[01:55:10.040 --> 01:55:20.040] Because I have one of these press passes that I hang around my neck. It's kind of a black, full holder, and it's got my press pass picture in the front of it
[01:55:20.040 --> 01:55:25.040] It's got a little zipper on the back of it, and I just slipped that recorder into it
[01:55:25.040 --> 01:55:26.040] Sure
[01:55:26.040 --> 01:55:40.040] And then I have another one that I got off eBay for about 30 bucks. It looks like a BMW electronic door opener
[01:55:40.040 --> 01:55:44.040] That little button you push and a key jumps out
[01:55:44.040 --> 01:55:48.040] Well, the key's straight. It hadn't been cut, so I need to take it and have it cut
[01:55:48.040 --> 01:55:50.040] So it looks like a real key
[01:55:50.040 --> 01:55:57.040] And it just looks like one of those things, and I got it hooked to my press pass
[01:55:57.040 --> 01:56:01.040] But it's actually a video recorder
[01:56:01.040 --> 01:56:02.040] Perfect
[01:56:02.040 --> 01:56:10.040] So you get a couple of those, and you put one out on one, just a regular recorder out on the table where they can see it
[01:56:10.040 --> 01:56:18.040] And when they demand that you turn it off, you object and rail and watch this indignation and grudgingly agree
[01:56:18.040 --> 01:56:21.040] Be sure to
[01:56:21.040 --> 01:56:34.040] Something about human beings, once they've argued with you and gotten you to capitulate on that one, it never occurs to them to ask if you have another one
[01:56:34.040 --> 01:56:46.040] But point is, never talk to a lawyer, a judge or a policeman if it's not recorded
[01:56:46.040 --> 01:56:52.040] When I have lawyers, one called me, send me a letter, send me an email
[01:56:52.040 --> 01:56:57.040] We don't do that, we don't do verbal
[01:56:57.040 --> 01:57:08.040] And I had a policeman in, when I was in Amarillo, he wanted to talk to me and I said, if you had some questions, I said, well, if you have some questions, put them in writing
[01:57:08.040 --> 01:57:21.040] He said, well, what's the problem, Mr. Kelton? I said, well, it is my concern that if I talk to you verbally, you will misconstrue everything I say
[01:57:21.040 --> 01:57:30.040] Well, Mr. Kelton, why do you feel that way? Well, it's been my experience that policemen would lie when the truth would do better
[01:57:30.040 --> 01:57:38.040] Mr. Kelton, you think I would lie? Absolutely, I think you would lie, and maybe you won't
[01:57:38.040 --> 01:57:43.040] But if I act as if you will, I will be better protected
[01:57:43.040 --> 01:57:50.040] And the guy stood there a minute and smiled at me and said, okay, fair enough
[01:57:50.040 --> 01:57:55.040] So, conduct yourself as if they will always lie to you
[01:57:55.040 --> 01:58:03.040] Disconstrue everything you say to you, they can't cover your view
[01:58:03.040 --> 01:58:11.040] I'm sorry, we ran out of time and we had one more caller and they dropped off and I apologize, we didn't get through you
[01:58:11.040 --> 01:58:23.040] This is Randy Kelton, Deb Stevens and Craig, we will be back Monday with Deborah and Eddie on our traffic program
[01:58:23.040 --> 01:58:30.040] Deborah, Eddie and myself will be back Thursday and me and Eddie will be back next Friday
[01:58:30.040 --> 01:58:39.040] So, keep listening, you can pull down our archives, and if you have any issues you would like us to discuss
[01:58:39.040 --> 01:58:49.040] Send us an email, we're Andy at Rue de la Radio, Eddie at Rue de la Radio, or Deborah, and we will happen
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