ROL_2018-03-23_16k_Hr1-2.timecode

[00:13.200 --> 00:18.120]  $1,327.21 an ounce silver $16.49 an ounce Texas crude
[00:18.600 --> 00:23.760]  $62.60 a barrel bitcoins at nine thousand eight hundred eighty three dollars and eighty seven cents
[00:23.760 --> 00:30.160]  ethereum seven hundred forty eight dollars and eighteen cents bitcoin cash one thousand eighty six dollars and sixty three cents
[00:30.160 --> 00:34.840]  If I like coins at one hundred eighty one dollars and ten cents a crypto coin
[00:39.720 --> 00:41.720]  today in history the year
[00:41.880 --> 00:50.000]  1989 Iran and the United Kingdom break diplomatic relations after a fight over Simon Rushdie's controversial novel the satanic verses
[00:50.000 --> 00:54.000]  today in history
[00:54.280 --> 00:57.960]  In recent news President Trump's top economic advisor Gary D
[00:57.960 --> 01:05.440]  Cone stated yesterday Tuesday that he was indeed resigning this after giving a heads up last week that he was considering doing so if
[01:05.520 --> 01:13.160]  President Trump decided to follow through with his tariffs on imported aluminum and steel of course with President Trump's announcement last week that he
[01:13.160 --> 01:17.320]  Would indeed levy tariffs on aluminum and steel imports the reason for Mr.
[01:17.320 --> 01:24.120]  Cone's departure seems obvious for many considering. He was one of the lone vocal opponents of any such measures in the administration
[01:27.240 --> 01:32.800]  According to a report by the Daily Mail skeletal biology expert Richard Jantz out of the University of Tennessee
[01:33.280 --> 01:38.960]  believes he may have found the skeletal remains of Amelia Earhart on a pacific island Amelia went missing in
[01:39.440 --> 01:44.520]  1937 when her plane and navigator Fred Newton were never to be found at least until now
[01:44.520 --> 01:52.160]  Richard Jantz stated that what I can say scientifically is that they the recent pacific island remains are 99% likely to be hers
[01:52.560 --> 01:57.400]  Interesting timing for this finding to be released considering that the 1932 Hudson Essex Terraplane
[01:57.400 --> 02:01.880]  Which once belonged to Earhart was reportedly stolen on Friday February 23rd?
[02:02.240 --> 02:08.520]  2018 only to be found three days later on the street corner in the Serenno neighborhood in La
[02:08.520 --> 02:10.520]  the
[02:13.400 --> 02:18.200]  Crypto market took a big blow today Wednesday with the top 10 currencies suffering five to ten percent losses
[02:18.480 --> 02:25.160]  This downturn right after the Securities and Exchange Commission announced that it would be requiring digital asset exchanges to register with them
[02:25.480 --> 02:32.440]  according to the SEC statement quote if a platform offers trading of digital assets that are securities and operates as an exchange as
[02:32.440 --> 02:38.840]  Defined by the federal securities laws then the platform must register with the SEC as a national securities exchange
[02:39.200 --> 02:41.200]  Or be exempt from registration
[02:42.840 --> 02:48.480]  The low start lowdown is looking for sponsors give a product or service you like to advertise with us feel free to give me
[02:48.480 --> 02:50.480]  a call at two one zero three six three
[02:51.200 --> 02:56.200]  Twenty two fifty seven this was brick roadie with your lowdown for March 7th
[02:56.200 --> 03:02.200]  2018
[03:26.200 --> 03:28.200]  Oh
[03:35.280 --> 03:42.760]  Okay, howdy howdy Randy Kelton rule of law radio on this Friday the 23rd day of March
[03:44.760 --> 03:48.800]  2018 and I'm gonna start off today
[03:48.800 --> 03:54.320]  Working through some sections of the my e-book
[03:55.120 --> 04:00.400]  We've been promoting the e-book and some 80s traffic seminar and
[04:02.240 --> 04:09.520]  Dr. Graves jurisdiction area in order to try to generate some revenue for the for the radio station
[04:09.520 --> 04:12.240]  We're struggling right at the moment to keep this thing on the air
[04:13.840 --> 04:16.240]  And so we're trying to
[04:16.240 --> 04:22.560]  See if we can move some of these and I wanted to give the reason why the e-book would be a
[04:23.520 --> 04:25.520]  Good thing to have and understand
[04:28.160 --> 04:32.240]  Eddie in his traffic seminar talks about how to deal with traffic issues
[04:33.280 --> 04:35.120]  dr. Graves
[04:35.120 --> 04:40.640]  Talks about how to craft and file motions and how to understand how the court
[04:40.640 --> 04:45.760]  Works from a lawyer's perspective
[04:45.760 --> 04:48.640]  And essentially he talks about how the courts are supposed to work
[04:49.200 --> 04:56.480]  but what happens is we get into the courts and we find they tend not to work the way they're supposed to
[04:57.680 --> 04:59.920]  And people get surprised they get
[05:02.080 --> 05:05.200]  Frustrated they feel betrayed
[05:05.200 --> 05:12.720]  And I think betrayal is the worst part because you spend your life having this expectation that you have
[05:13.440 --> 05:16.320]  in this country certain rights and privileges
[05:17.680 --> 05:21.200]  And that they are protected by constitution and law
[05:22.720 --> 05:28.160]  You get out here in the real world and you find that they are not protected
[05:29.600 --> 05:33.600]  The only way to do that is to get out here in the real world
[05:33.600 --> 05:36.640]  The only way you have those rights is fight for them
[05:37.280 --> 05:42.240]  And those very public officials who put who are put in place to protect those rights
[05:42.880 --> 05:47.840]  Are the ones you have to fight against in order to secure your rights
[05:49.600 --> 05:52.800]  And we over the last 10 years
[05:54.320 --> 05:56.320]  And
[05:56.320 --> 06:01.600]  Crafting remedy and then trying to make remedy available to the individual
[06:01.600 --> 06:08.480]  We've developed a set of methods a set of ways of thinking about
[06:09.280 --> 06:13.280]  How the courts really work as opposed to what they taught us in high school
[06:14.480 --> 06:16.480]  I keep thinking of that
[06:17.600 --> 06:19.600]  Phrase by
[06:21.440 --> 06:25.440]  Simon and Simon and Garfunkel and
[06:25.440 --> 06:32.080]  Where he says after all the crap we've learned in high school, it's a wonder I can think at all
[06:33.360 --> 06:38.800]  Well after all the crap you learned in high school it's a wonder you can protect your rights at all
[06:39.760 --> 06:44.420]  Because in school they teach you to have a set of expectations
[06:45.920 --> 06:47.920]  Then when you get before the legal system
[06:49.120 --> 06:51.120]  If you try to fight the legal system
[06:51.120 --> 06:56.800]  And fight for your rights, then they will systematically
[06:58.080 --> 07:00.960]  Breach every one of those rights you think you have
[07:02.240 --> 07:06.900]  And they do that on purpose because they know we have an expectation
[07:08.160 --> 07:10.160]  Of good faith and fair dealing
[07:11.200 --> 07:14.880]  And that we have an investment in good faith and fair dealing
[07:16.400 --> 07:18.400]  If our government
[07:18.400 --> 07:24.960]  Does not work to our advantage and follow the laws that
[07:26.400 --> 07:32.640]  We have laid down and follow the rules we've laid down for them then we have no protection
[07:34.000 --> 07:36.400]  And that is exactly the case
[07:37.920 --> 07:43.680]  And once you that realization is dropped on you like a ton of bricks
[07:43.680 --> 07:48.000]  It has the tendency to debilitate people
[07:48.880 --> 07:54.320]  To make them frightened and angry and they just want to go hide from all this and make all this go away
[07:54.320 --> 07:57.280]  But it doesn't go away these guys keep coming after you because they want your money
[07:57.280 --> 07:59.440]  They want every dime they can get for it from you
[08:00.320 --> 08:02.320]  And if you fight them
[08:02.720 --> 08:05.680]  They will fight you like a tiger the first time
[08:06.960 --> 08:09.120]  And we've tried to do that
[08:09.120 --> 08:17.520]  Tiger the first time and we've tried to develop a set of tools that give you the power to fight back
[08:17.520 --> 08:19.520]  There are things you can do
[08:21.600 --> 08:26.560]  But they don't teach that in in high school or college or law school
[08:27.840 --> 08:29.360]  And
[08:29.360 --> 08:34.480]  Dr. Grave teaches part of the structures of what you can do
[08:35.920 --> 08:37.200]  But
[08:37.200 --> 08:39.200]  We go to places he doesn't go
[08:41.120 --> 08:45.600]  We go to the legal system from the pro se from the pro se perspective
[08:46.640 --> 08:50.400]  Dr. Graves went to the legal system from the perspective of a lawyer
[08:51.920 --> 08:58.800]  We go there from the perspective of a pro se who's been beaten up in the courts on a regular basis
[09:00.240 --> 09:01.920]  And
[09:01.920 --> 09:03.920]  From that experience
[09:03.920 --> 09:08.640]  We've developed some practices and procedures that will protect you
[09:10.640 --> 09:13.120]  And i've already getting a bunch of callers
[09:15.920 --> 09:20.160]  I'll go ahead and take the colors rather than if if i run out of colors i'll go back to this
[09:21.200 --> 09:26.960]  Tonight I kind of wanted to talk about how to craft legal documents
[09:26.960 --> 09:33.680]  Primarily a concept I call mental flow
[09:34.640 --> 09:38.880]  I tend to do these kind of things when i'm working in these areas otherwise
[09:39.760 --> 09:43.200]  By presenting it to you it reinforces it to me
[09:44.240 --> 09:46.880]  So it's only a little bit self-serving
[09:48.160 --> 09:50.160]  Well, anyway, we're going to go to
[09:50.960 --> 09:52.960]  Scott in texas. Hello, scott
[09:52.960 --> 09:55.600]  Howdy howdy
[09:57.040 --> 10:02.480]  How are things going on your home front? I understand you have a few things going on
[10:04.080 --> 10:09.440]  Well, I had a court hearing just this past wednesday
[10:10.320 --> 10:17.040]  And you know naturally all the paperwork that was submitted for all the motions and everything
[10:17.040 --> 10:24.000]  Was denied and you know, and I knew it was all going to be denied. I knew everything that anything that I did
[10:24.880 --> 10:26.240]  no matter
[10:26.240 --> 10:27.680]  how
[10:27.680 --> 10:30.880]  Impeccable the paperwork was I was going to get denied
[10:31.520 --> 10:37.200]  So i'm basically just going in there for a showing, you know set the record straight but
[10:38.320 --> 10:43.920]  Everything that I submitted to them and my motions is it was effectively a brief
[10:43.920 --> 10:48.960]  And with the exhibits and all this other stuff and so when he denied all that
[10:49.520 --> 10:56.240]  Without any points and authorities, you know, that was a due process violation, but when we were
[10:56.880 --> 10:58.880]  Having the actual hearing
[10:59.520 --> 11:05.200]  It was it was pretty interesting because they were super super nice to me
[11:05.920 --> 11:11.120]  And he's very respectful and let me speak and do all that other good stuff
[11:11.120 --> 11:13.120]  and then
[11:13.120 --> 11:15.120]  you know, I had a
[11:16.320 --> 11:20.420]  Cross-examination script that was about 30 pages
[11:21.360 --> 11:22.320]  and
[11:22.320 --> 11:25.280]  Went to a lot of issues, you know about
[11:26.000 --> 11:26.960]  you know
[11:26.960 --> 11:32.640]  so that on the commercial side where he got his training and and how he got his training and
[11:33.120 --> 11:35.600]  Exactly where it was at and blah blah blah
[11:36.720 --> 11:38.320]  but uh
[11:38.320 --> 11:45.440]  When it was oh, but here was one of the things before everything actually kicked off. You'll get a kick out of this
[11:46.160 --> 11:50.400]  Is what is a couple of guys that were sitting in there were obviously?
[11:51.120 --> 11:55.840]  attorneys for the city and they just wanted to see what was going to happen in this case because
[11:56.480 --> 12:00.000]  There's still another lawsuit pending with these guys on
[12:00.640 --> 12:06.960]  A couple of on this same cop in internal court. So they wanted to see what I was going to come up with
[12:06.960 --> 12:10.080]  I wanted to see what I was going to have to offer, you know
[12:10.560 --> 12:15.200]  And so when we were first got in there the bailiff kept walking up and down
[12:15.680 --> 12:19.520]  You know the out thing you got to turn off all your cell phones and all this other stuff
[12:20.000 --> 12:24.800]  Well, I knew this guy was an attorney, but I didn't have it. It wasn't confirmed or anything
[12:24.880 --> 12:30.160]  I didn't know his name. And so I pointed to the bailiff and I said hey that guy over there
[12:30.240 --> 12:34.560]  He's got his phone. He goes. Oh, that's okay. Yeah. I said, what do you mean? It's okay
[12:34.560 --> 12:38.580]  Oh, he's an attorney. I said attorneys don't have special privileges
[12:39.200 --> 12:44.320]  That guy turned his phone off and slid it in his pocket and never said a word
[12:46.080 --> 12:53.060]  He jumped up walked out of courtroom and he didn't come back in until my hearing was started
[12:54.560 --> 12:59.840]  So I had a little audience that was going to be there and I knew they were going to be there so
[12:59.840 --> 13:06.960]  So I went through that transportation script or the cross examination script and I was wearing them out
[13:07.440 --> 13:11.120]  And you know, they were denying me, you know this and that and the other
[13:11.760 --> 13:13.040]  but uh
[13:13.040 --> 13:19.840]  When it was all over with the best part, you know, of course naturally I got ruled against when uh,
[13:20.640 --> 13:25.520]  I jumped up, you know, it was all over with now and I told the prosecutor I said thanks, you know
[13:25.520 --> 13:31.120]  I say you're very respectful and you know, you know, you let me, you know, say my piece and everything, you know
[13:31.120 --> 13:34.000]  As much as he was going to you know, practically, right?
[13:34.640 --> 13:37.120]  Because I still dropped a lot of questions on him
[13:37.680 --> 13:39.200]  but uh
[13:39.200 --> 13:46.240]  Anyhow, he said oh, well, you're very respectful yourself. I can't say anything bad about you, you know or anything like that
[13:46.800 --> 13:48.800]  And then I told the judge
[13:48.800 --> 13:49.760]  um
[13:49.760 --> 13:54.320]  I said and the judge I said, you know, you're pretty one of my favorite judges
[13:54.320 --> 13:56.320]  You were very very nice to me
[13:59.600 --> 14:01.920]  And I was buttering him up on his Spanish
[14:02.480 --> 14:09.200]  And uh, oh we we started talking now and i'm just standing up there by the bench, you know
[14:09.280 --> 14:14.320]  and just waiting for him to give me my all my negative paperwork and uh
[14:15.200 --> 14:17.200]  and so anyhow
[14:17.440 --> 14:20.000]  When we got to talking a little bit I said, you know
[14:20.000 --> 14:25.600]  uh, I told the judge I said, you know, I felt like I have a hard on for the garland cops and he's kind of staring at
[14:25.600 --> 14:33.040]  Me real hard and uh, I said, you know what we're doing here is we're bringing the actual code in this is a code
[14:33.040 --> 14:36.960]  We're walking right down the code. I said explain it in my briefs and everything
[14:37.600 --> 14:38.800]  and uh
[14:38.800 --> 14:45.840]  You know, this is the code and i'm putting it in here. You know, the the that attorney has his opinion
[14:45.840 --> 14:50.400]  His opinion you're the judge you have your opinion. Well, I have my opinion
[14:50.720 --> 14:55.760]  But I also have the code right here and we're bringing it before you, you know
[14:56.400 --> 15:02.720]  We either have the cartridge box or the ballot box and we don't want to go the cartridge box and go. Yeah
[15:02.880 --> 15:04.560]  You I agree with that
[15:04.560 --> 15:10.560]  And I said so we're bringing it here before you and i'm asking you. Where did I go wrong?
[15:10.560 --> 15:18.160]  And you know, I said it's one thing that you know, we all grew up knowing that ignorance of the law is no excuse
[15:18.720 --> 15:22.880]  So I agree with that I said, but once you do discover what the law is
[15:23.440 --> 15:27.520]  Then you can't and you bring it in and you can't get any ribbony now
[15:27.520 --> 15:31.840]  We have a problem and it's tearing at the very fabric of our society
[15:32.560 --> 15:36.640]  Now he leans back and he has a look on his face. You just couldn't imagine
[15:36.640 --> 15:43.120]  And so and so we're sitting there just kind of talking a little bit. I said, you know, it's the legislators that brought all this
[15:43.120 --> 15:47.760]  I said you're gonna you know deny this then I got to appeal and this guy go to appeals court
[15:48.080 --> 15:54.240]  And eventually got to try to get it right back up before the legislators where it all started at the beginning he goes. Yeah, I know
[15:54.800 --> 15:55.760]  and
[15:55.760 --> 15:59.040]  He uh, I said well, you know
[16:00.240 --> 16:03.680]  That's when he told me he said uh, he goes, you know
[16:03.680 --> 16:06.720]  Every time the legislators bring in a new law
[16:07.520 --> 16:11.200]  They have to all the judges come down and have a conference
[16:11.920 --> 16:17.520]  To discuss this new law that they just enacted and even the judges are sitting around scratching their head
[16:17.840 --> 16:23.860]  Well, how did they get there? And he said it's all becoming so political. I said you mean political correctness?
[16:24.400 --> 16:31.120]  He said exactly I said, well, how do we fix it? He said it's going to take more people like you
[16:31.120 --> 16:36.000]  Said if I wasn't a judge, I would love to sit around and kind of pick your brain about it
[16:36.000 --> 16:38.800]  But in my position right now, I can't do that
[16:40.240 --> 16:42.240]  So there's the music
[16:42.560 --> 16:45.520]  Okay, let me pick your brain on the other side. This is
[16:46.080 --> 16:51.440]  Randy kelton rule of law radio on this friday the 23rd day of march
[16:52.620 --> 16:54.620]  2018 we'll be right back
[16:54.620 --> 16:58.620]  2018 we'll be right back
[17:00.220 --> 17:06.620]  Dang cookies cookie me love cookies. Oh, hi cookie muncher. No, these are yucky cookies cookies
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[17:21.100 --> 17:23.100]  yummy apple
[17:23.100 --> 17:26.540]  I'm going to throw away these yucky cookies in the trash
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[18:59.740 --> 19:10.640]  You are listening to the logos radio network logosradionetwork.com
[19:14.780 --> 19:22.060]  Okay, we are back randy kelton rule of law radio and we're talking to scott in texas and scott
[19:23.180 --> 19:25.180]  We talked about this earlier than week
[19:25.180 --> 19:28.700]  And since this was such a nice judge
[19:29.820 --> 19:34.060]  He's probably the perfect one to file criminal charges against
[19:35.500 --> 19:39.740]  For failing to apply the law to the facts
[19:42.140 --> 19:45.360]  Because nobody will say you did this out of anger or avarice
[19:46.700 --> 19:50.060]  She liked the guy you got along so there's nothing personal here
[19:50.060 --> 19:53.340]  So, have you considered crafting complaints against him
[19:55.340 --> 20:01.100]  I haven't crafted anything or cobbled anything together yet
[20:04.140 --> 20:08.940]  But this one would be this would be perfect this this issue we just did this to a
[20:09.820 --> 20:11.820]  district judge in wyse county
[20:12.780 --> 20:14.780]  We filed a uh
[20:15.000 --> 20:18.700]  297 request for findings fact conclusions from the district judge
[20:18.700 --> 20:20.700]  findings fact conclusions law
[20:21.820 --> 20:24.800]  The judge did not produce it within 20 days
[20:26.300 --> 20:28.300]  So we filed criminally against him
[20:30.060 --> 20:34.380]  The statute said he shall produce the findings of fact within 20 days
[20:35.660 --> 20:42.460]  And then there are provisions if he doesn't then in order to preserve the error you must file a notice of late filing
[20:42.940 --> 20:44.540]  within 10 days
[20:44.540 --> 20:46.540]  Then he has another 10 days to file
[20:46.540 --> 20:48.540]  However
[20:49.760 --> 20:51.760]  The first 20 days
[20:51.840 --> 20:54.480]  Said he shall produce them within 20 days
[20:55.520 --> 21:01.840]  And if he doesn't then you can do some things that gives him another option. However, the way I read the code
[21:03.040 --> 21:05.520]  Once the 21st day passed
[21:07.200 --> 21:10.640]  That bell's been rung even if he produces them later
[21:10.640 --> 21:15.700]  It's kind of like me stopping halfway down the block instead of at the stop sign
[21:17.780 --> 21:24.240]  The way I read the code when I roll through the stop sign the bell's been rung and I can't unring it
[21:25.360 --> 21:31.680]  When the judge doesn't produce in 20 days the bell's been rung so we filed criminally against him with with the grand jury
[21:34.080 --> 21:39.040]  It's the one one thing we haven't been doing that judge sitting in that municipal court
[21:39.040 --> 21:41.040]  thinks that because this is a
[21:42.080 --> 21:45.600]  Not a court of record that he can do anything. He pleases
[21:47.520 --> 21:49.520]  And it makes no difference
[21:50.960 --> 21:53.920]  It absolutely needs to make a difference
[21:56.640 --> 22:03.440]  When he's looking at the prospect of having his behavior put before a grand jury
[22:03.440 --> 22:12.080]  What is going to happen if any one of those grand jurors happens to have tried to find a ticket and had this kind of garbage done to them
[22:13.680 --> 22:18.960]  And what are the odds are that when they write 6.6 million traffic tickets a year
[22:20.960 --> 22:25.600]  There's 25 million people in texas on the average every four years somebody gets a ticket
[22:28.160 --> 22:30.160]  So if you got somebody that's got a ticket
[22:30.160 --> 22:33.680]  So if you got somebody that's been driving for 20 years, they've had a ticket or two
[22:34.640 --> 22:39.920]  And they've been for these courts and been railroaded to the courts. What are the odds?
[22:42.080 --> 22:44.080]  Uh pretty good
[22:44.080 --> 22:52.160]  You know when this judge gets criminal charges and a few others get criminal charges we are gonna get their attention
[22:54.160 --> 22:56.160]  Especially the higher level judges
[22:56.160 --> 22:58.160]  Especially the higher level judges
[23:00.160 --> 23:02.160]  They're not used to it
[23:02.880 --> 23:05.920]  And I don't think brock smith the district
[23:07.520 --> 23:15.680]  Judge for wise county should have seen it coming because the final first degree fell in the aggravated assault against the judge in front of him
[23:15.680 --> 23:23.680]  And what you we probably should do with it is give it to the texas ranger
[23:25.680 --> 23:33.680]  I keep forgetting that the texas rangers if two years ago had their marching orders changed
[23:33.680 --> 23:49.680]  After the rick perry incident the where the prosecutor used the prosecutor's public integrity unit to go after the governor
[23:49.680 --> 24:01.680]  Well the legislature got rid of their public integrity units and turned that over to the texas rangers
[24:01.680 --> 24:21.680]  Problem, texas rangers had to were directed to create a set of protocol and the protocol they created was they required that a texas ranger ask permission from the prosecuting attorney before investigating a public official
[24:21.680 --> 24:27.680]  So you want to encourage the prosecuting attorney I mean the texas ranger to do exactly that
[24:27.680 --> 24:35.680]  Because the way I read the code that's criminal conspiracy to commit
[24:39.680 --> 24:41.680]  This is how I get there
[24:41.680 --> 24:49.680]  2.03 texas code of criminal procedure takes any discretion away from the prosecuting attorney
[24:49.680 --> 24:57.680]  As concerns a criminal complaint against a public official for violating a law relating to his office
[24:57.680 --> 25:09.680]  Zero discretion and the texas ranger is asking the prosecutor to exercise the discretion he does not have
[25:09.680 --> 25:21.680]  I read that as conspiracy to commit so when he asks permission of the prosecutor and the prosecutor doesn't give it to him you file against both of them
[25:21.680 --> 25:31.680]  It's always good to go after the one who's just a chump following policy
[25:31.680 --> 25:37.680]  And I file against the one in Wise County as well and the director of the department of public safety
[25:37.680 --> 25:41.680]  Each time they do this the director should get a criminal complaint
[25:41.680 --> 25:53.680]  The director is highly political he's appointed so when he starts getting one criminal complaint against him after another
[25:53.680 --> 26:03.680]  That's going to go on his permanent record that's going to make him appear to be a political liability
[26:03.680 --> 26:15.680]  And that's you and I just ordinary Joe Schmoes down here on the bottom stinging the guys right on the very top
[26:15.680 --> 26:21.680]  And you can walk that through all the high level judges in Texas
[26:21.680 --> 26:29.680]  File it with the court of criminal appeals file it with whoever the head judge for the court of criminal appeals is
[26:29.680 --> 26:35.680]  And when he refuses to act file against him with the chief justice of the supreme
[26:35.680 --> 26:43.680]  And when he refuses to act we file against all of them with the FBI
[26:43.680 --> 26:49.680]  The special agent in charge in Austin
[26:49.680 --> 26:57.680]  Then they're all going to get a call from the FBI because the FBI is not going to want to do anything
[26:57.680 --> 27:03.680]  But they're also going to do a little CYA cover your behind
[27:03.680 --> 27:11.680]  So in order to cover his behind they've got to have an agent call and make inquiries
[27:11.680 --> 27:19.680]  When the chief justice of the supreme and the head judge of the court of criminal appeals
[27:19.680 --> 27:29.680]  And whoever else in between starts getting calls from the FBI we are going to get their attention
[27:29.680 --> 27:33.680]  So that's something like fun Scott
[27:33.680 --> 27:41.680]  Well so to get back to originally then so you need to go I need to go ahead and file a motion for responding of facts
[27:41.680 --> 27:45.680]  Conclusions of law give 20 days before you can
[27:45.680 --> 27:53.680]  Can't do that, can't do that, findings facts and conclusions of law are restricted to the county court and district court
[27:53.680 --> 28:03.680]  In the code, now you can ask him for it but you can't hold him responsible for not producing it under 297
[28:03.680 --> 28:11.680]  But you can claim that he failed to properly apply the law to the facts
[28:11.680 --> 28:19.680]  And I got case law on that that says a failure on the judge to properly apply the law to the facts
[28:19.680 --> 28:31.680]  Is a due process violation, properly doesn't matter if the judge applied the law to the facts to the best of his ability
[28:31.680 --> 28:39.680]  Doesn't say that, it doesn't say that the judge must act in good faith
[28:39.680 --> 28:43.680]  It says he must properly apply
[28:43.680 --> 28:47.680]  So we don't care if he screwed up, we don't care if he made an honest mistake
[28:47.680 --> 28:51.680]  The case law doesn't go to that
[28:51.680 --> 28:57.680]  You're the judge, you're in the counsel, you have a duty to know the law
[28:57.680 --> 29:07.680]  And under the screws case he can't claim he didn't know the law unless he claims insanity
[29:07.680 --> 29:11.680]  This ought to really get him rocking and rolling
[29:11.680 --> 29:19.680]  So well then by him just go ahead and because he actually signed off on the motions I believe
[29:19.680 --> 29:25.680]  And you know said here's your denials like per motion or something, I think I got that from him
[29:25.680 --> 29:35.680]  So now I can just go ahead and create the criminal complaint regardless of his findings and facts then is what you're saying
[29:35.680 --> 29:43.680]  Exactly, when the code is clear that only a sheriff deputy who's been appointed can enforce
[29:43.680 --> 29:49.680]  And there's nothing authorizing a municipal court to enforce and he just blew it off
[29:49.680 --> 29:53.680]  Then now he's in a position to where he has to prove up his position
[29:53.680 --> 29:59.680]  Hang on, Randy Keltweel of Radio, we'll be right back
[29:59.680 --> 30:07.680]  Radio frequency identification or RFID is a technology that silently tracks objects using radio waves
[30:07.680 --> 30:09.680]  But what if the object is you?
[30:09.680 --> 30:15.680]  I'm Dr. Catherine Albrecht and I'll be back with a buzz on just how invasive this stealthy technology can be
[30:15.680 --> 30:17.680]  Privacy is under attack
[30:17.680 --> 30:21.680]  When you give up data about yourself you'll never get it back again
[30:21.680 --> 30:25.680]  And once your privacy is gone you'll find your freedoms will start to vanish too
[30:25.680 --> 30:31.680]  So protect your rights, say no to surveillance and keep your information to yourself
[30:31.680 --> 30:33.680]  Privacy, it's worth hanging on to
[30:33.680 --> 30:37.680]  This public service announcement is brought to you by Startpage.com
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[30:43.680 --> 30:49.680]  RFID microchips were used for a recent study on the habits of honey bees
[30:49.680 --> 30:56.680]  Researchers tracked each bee individually through an RFID tag glued to its back that beamed back a unique identification number
[30:56.680 --> 31:02.680]  When tagged bees flew through an antenna probe in fake flowers, the scientists instantly knew
[31:02.680 --> 31:06.680]  But the bees didn't since RFID waves are silent and invisible
[31:06.680 --> 31:10.680]  Major corporations want to put similar RFID tags in all consumer items
[31:10.680 --> 31:14.680]  Making people who wear and carry those items trackable, just like the bees
[31:14.680 --> 31:20.680]  Bee studies clearly demonstrate how RFID could deliver a stinging blow to our freedom and privacy
[31:20.680 --> 31:23.680]  Join me in opposing this invasive technology
[31:23.680 --> 31:52.680]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[31:53.680 --> 31:59.680]  And see what our powder, seeds and oil can do for you only at MPUSA.org
[31:59.680 --> 32:04.680]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar
[32:04.680 --> 32:06.680]  In today's America, we live in an us against them society
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[32:08.680 --> 32:11.680]  Then we're going to have to stand and defend our own rights
[32:11.680 --> 32:14.680]  Among those rights are the right to travel freely from place to place
[32:14.680 --> 32:16.680]  The right to act in our own private capacity
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[33:03.680 --> 33:06.680]  You're listening to the Logos Radio Network
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[33:09.680 --> 33:13.680]  Music
[33:13.680 --> 33:15.680]  Music
[33:15.680 --> 33:23.680]  Music
[33:23.680 --> 33:27.680]  Okay, we are back, Randy Kelton, Rule of Law Radio
[33:27.680 --> 33:30.680]  And we're talking to Scott in Texas
[33:30.680 --> 33:32.680]  Okay, Scott
[33:34.680 --> 33:36.680]  Time to take him to the wall
[33:36.680 --> 33:42.680]  Well, so now it's just write us some criminal complaints and send them over
[33:42.680 --> 33:52.680]  First it was talking to the grand jury but you think maybe just go ahead and send it to a Texas Ranger instead?
[33:52.680 --> 33:55.680]  I think the Texas Ranger may be better
[33:55.680 --> 34:00.680]  When I filed against the district judge here in Wise County
[34:00.680 --> 34:03.680]  That's what I did, I sent it to the Texas Ranger
[34:03.680 --> 34:09.680]  And the Ranger was very polite and professional
[34:09.680 --> 34:13.680]  And when I called him and asked him what he did with it, he told me what he did with it
[34:13.680 --> 34:15.680]  He followed protocol
[34:15.680 --> 34:19.680]  And I told him, well, you know, I hate to hear that because I'm going to have to file against you
[34:19.680 --> 34:22.680]  But nothing personal, he said, well, I won't take it personal
[34:22.680 --> 34:24.680]  But I think he did
[34:26.680 --> 34:28.680]  I hope he did
[34:28.680 --> 34:34.680]  Because mine went to the grand jury, I brought them to the grand jury
[34:34.680 --> 34:41.680]  And the bailiff was trying to block me and the prosecutor come by and took them into the grand jury
[34:41.680 --> 34:43.680]  And walked out
[34:43.680 --> 34:45.680]  Said nothing
[34:45.680 --> 34:48.680]  I asked him later, what did you do? I said, I gave him the grand jury
[34:48.680 --> 34:54.680]  I said, did you go in there and argue against presentment like I told you I expected you to do?
[34:54.680 --> 34:56.680]  He said, no, I did not
[34:56.680 --> 34:58.680]  I didn't stick my nose in the door
[34:58.680 --> 35:00.680]  I left that strictly up to them
[35:02.680 --> 35:04.680]  That's the way it should be done
[35:06.680 --> 35:12.680]  So when they don't, then we get to give everybody grief
[35:12.680 --> 35:16.680]  Put everybody essentially at risk
[35:18.680 --> 35:23.680]  And if I can get enough people doing this, we will begin to change their behavior
[35:23.680 --> 35:30.680]  I have the questionnaires for this, for the traffic side, almost done
[35:30.680 --> 35:34.680]  For the last two weeks, my programmer has been out of pocket, he's been ill
[35:34.680 --> 35:40.680]  And my site crashed on me when I was trying to load documents up to it
[35:40.680 --> 35:47.680]  I tried to delete a folder that had files in it
[35:47.680 --> 35:51.680]  And the system didn't like that one little bit and crashed it completely
[35:51.680 --> 35:55.680]  So I'm waiting to get the site back up
[35:55.680 --> 36:02.680]  But I have people working on this now, loading in the codes
[36:02.680 --> 36:06.680]  All I have to do is go in and put in the document preparation codes
[36:06.680 --> 36:12.680]  Or the calls to the documents and then create these documents
[36:12.680 --> 36:15.680]  And I'll create the criminal complaints
[36:15.680 --> 36:22.680]  One of these documents, you don't have to do anything, just answer the question
[36:22.680 --> 36:26.680]  And when you get to the end of it, it'll spit the document out for you
[36:26.680 --> 36:30.680]  So I'm in the final stages of getting that done
[36:30.680 --> 36:34.680]  And I'm getting kind of antsy because I'm so close
[36:34.680 --> 36:39.680]  But yet building in all of this content
[36:39.680 --> 36:42.680]  It's kind of like chewing tough meat
[36:42.680 --> 36:47.680]  You get a mouthful of tough meat, the more you chew it, the bigger it seems to get
[36:47.680 --> 36:49.680]  And that's kind of what this has done
[36:49.680 --> 36:53.680]  The more I work with it, the more the questionnaires expand
[36:53.680 --> 36:57.680]  And the more work I have to do to get them all stitched together
[36:57.680 --> 36:59.680]  But we're closing in on this
[36:59.680 --> 37:03.680]  Once I do get all this stitched together and we can launch this thing
[37:03.680 --> 37:07.680]  I think we'll set down traffic enforcement
[37:07.680 --> 37:13.680]  What are these judges going to do when once a week they get criminal charges filed against them?
[37:13.680 --> 37:22.680]  And they got a grand jury in there that at the end of the day follow their own lead
[37:22.680 --> 37:29.680]  And when they get multiple criminal charges against the same judge, they're going to start paying attention
[37:29.680 --> 37:36.680]  At least these judges certainly are going to be afraid that they're going to start paying attention
[37:36.680 --> 37:42.680]  Anyway, that's my story and I'm sticking to it
[37:42.680 --> 37:47.680]  Well I agree, sounds like a good story
[37:47.680 --> 37:53.680]  So that's pretty much everything that's kind of going on
[37:53.680 --> 37:56.680]  Everything's kind of going at a snail's pace right now
[37:56.680 --> 38:03.680]  But other than that I will go ahead and let you get to your next callers then
[38:03.680 --> 38:10.680]  Okay, thank you Scott. Okay, now we're going to go to Dean in Texas
[38:10.680 --> 38:13.680]  Dean's in a similar situation
[38:13.680 --> 38:16.680]  They're coming after him, he's going back after them
[38:16.680 --> 38:20.680]  Similar to Scott, except Scott's a little further down the road
[38:20.680 --> 38:22.680]  Hello Dean
[38:22.680 --> 38:31.680]  Yes, last week I went to court for my first appearance and to hear a motion
[38:31.680 --> 38:44.680]  And of course the prosecutor said that he just got the motions that day and wanted two weeks to go over
[38:44.680 --> 38:53.680]  And at first I objected because they've had these motions for three months
[38:53.680 --> 39:04.680]  And them being an official of the court, it wasn't my problem that they didn't get the motions
[39:04.680 --> 39:16.680]  But anyway, at that same time I turned in another motion for a motion to dismiss
[39:16.680 --> 39:27.680]  And I was going to, at that motion I was going to attach the Brady list
[39:27.680 --> 39:30.680]  As for Brady, you know
[39:30.680 --> 39:34.680]  Now wait a minute, hold on, you're asking for a Brady list?
[39:34.680 --> 39:39.680]  Or are you filing a request for discovery?
[39:39.680 --> 39:46.680]  Yeah, a request for discovery
[39:46.680 --> 39:51.680]  Okay, let me explain about discovery, a lot of people at this level are missing it
[39:51.680 --> 39:58.680]  Discovery initially doesn't involve the court, it only involves the prosecutor
[39:58.680 --> 40:02.680]  So you ask the prosecutor to produce all this information
[40:02.680 --> 40:10.680]  And when the prosecutor doesn't, then you file a motion with the court to compel discovery
[40:10.680 --> 40:16.680]  So at this level you just give the discovery request to the prosecutor
[40:16.680 --> 40:18.680]  Okay, go ahead
[40:18.680 --> 40:26.680]  But he told me that I needed to send that to the district attorney in Palestine
[40:26.680 --> 40:32.680]  Which is the county seat, that he couldn't take it
[40:32.680 --> 40:36.680]  That is absolutely nonsense
[40:36.680 --> 40:45.680]  Put it in the mail, a certified return receipt and mail it to him
[40:45.680 --> 40:53.680]  Then file a bar grievance against him for lying to you
[40:53.680 --> 40:58.680]  Unless you were asking, were you filing my Brady motion?
[40:58.680 --> 41:00.680]  Yes
[41:00.680 --> 41:07.680]  Oh okay, then there's no chance that he would misconstrued that as a request for a Brady list
[41:07.680 --> 41:12.680]  Because the Brady list most likely would come from the prosecuting attorney
[41:12.680 --> 41:20.680]  But there's no way he could misconstrue discovery as a Brady list
[41:20.680 --> 41:24.680]  So easiest guy is a complete moron
[41:24.680 --> 41:29.680]  Or he just lied to you, did he look like a young guy?
[41:29.680 --> 41:33.680]  Young guy, there was two of them, a man and a female
[41:33.680 --> 41:40.680]  Two prosecuting and I assume that they were deputies since they didn't
[41:40.680 --> 41:47.680]  Yeah, if they're young, they probably got out of law school and didn't get picked up by a law firm
[41:47.680 --> 41:52.680]  And they're down at the municipal courts grubbing for dollars
[41:52.680 --> 41:56.680]  Because they probably got a big student loan to pay off
[41:56.680 --> 41:59.680]  They can't take on clients because they don't know how to practice law
[41:59.680 --> 42:05.680]  So they come down here and prosecute in the municipal courts where they don't have to pay any attention to law
[42:05.680 --> 42:09.680]  Until they come across Dean
[42:09.680 --> 42:14.680]  And he'll give them an on-the-job education
[42:14.680 --> 42:21.680]  So you file a bar grievance against this lawyer for lying to you, for failure to speak with candor
[42:21.680 --> 42:26.680]  And prosecutor's not supposed to give you legal advice, he's forbidden to do that
[42:26.680 --> 42:37.680]  If you will go to the American Bar Association and search for American Bar Association standards for the prosecutorial function
[42:37.680 --> 42:43.680]  There's one in there that forbids the prosecutor from giving you legal advice
[42:43.680 --> 42:49.680]  Telling you to say that the prosecuting attorney is giving you legal advice
[42:49.680 --> 42:54.680]  Alibiad, bad legal advice, legal advice nonetheless
[42:54.680 --> 42:57.680]  So bar grievance for that
[42:57.680 --> 43:00.680]  And then
[43:00.680 --> 43:08.680]  Okay, what motion did the judge deny, did you have a channel on subject matter jurisdiction in?
[43:08.680 --> 43:13.680]  Yes I did, and you know
[43:13.680 --> 43:18.680]  Did it go to 701.001?
[43:18.680 --> 43:25.680]  Okay, well wait, let me step back
[43:25.680 --> 43:33.680]  Did I take it the prosecutor did not respond to the subject matter jurisdiction and the judge dismissed it?
[43:33.680 --> 43:41.680]  Well no, they moved it to the 29th to hear the motions
[43:41.680 --> 43:43.680]  Okay, hang on, hang on, about to go to break
[43:43.680 --> 43:50.680]  Randy Kelton, Voodoo Law Radio, on this Friday the 23rd day of March 2018
[43:50.680 --> 43:56.680]  Call in number 512-646-1984, we'll be right back
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[44:53.680 --> 44:59.680]  Visit us at capitalcoinandbullion.com or call 512-646-6440
[45:00.680 --> 45:03.680]  Are you the plaintiff or defendant in a lawsuit?
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[46:21.680 --> 46:28.680]  Always, I must be careful what I'm wishing for
[46:28.680 --> 46:34.680]  When I'm hungry, I like to know just what I'm fishing for
[46:34.680 --> 46:39.680]  I ain't asking for much, I ain't trying to be no glutton
[46:39.680 --> 46:44.680]  I'm just here making my living, pushing buttons
[46:44.680 --> 46:52.680]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Dean in Texas
[46:52.680 --> 46:59.680]  And my producer was looking that up over the break
[46:59.680 --> 47:08.680]  And it says that a prosecutor has a heightened duty of candor
[47:08.680 --> 47:14.680]  So, you bar grieve him now
[47:14.680 --> 47:20.680]  By the time you get to this hearing, he's likely not to be there
[47:20.680 --> 47:27.680]  Because you bar grieve him and he's going to get his malpractice insurance cancelled and he's likely to hit the road
[47:27.680 --> 47:32.680]  But even if he doesn't, now he's going to be terrified
[47:32.680 --> 47:35.680]  So it'd be interesting to see how it happened
[47:35.680 --> 47:41.680]  The subject manager jurisdiction challenge, is that mine or Eddie's? Or yours?
[47:41.680 --> 47:46.680]  Yours, I believe, yours from your traffic site
[47:46.680 --> 47:54.680]  Okay, I need to send me an email and I will send you a
[47:54.680 --> 47:58.680]  I can't merge it off my site at the moment
[47:58.680 --> 48:06.680]  We need to send a new one because I updated it and included the 701.001
[48:06.680 --> 48:10.680]  argument in it, it originally didn't happen
[48:10.680 --> 48:13.680]  And I need to make sure that it's got that in it
[48:13.680 --> 48:16.680]  We can do that, we can do that off the air
[48:16.680 --> 48:29.680]  Another question I have is, when you file a judicial conduct complaint to the judicial committee, whatever
[48:29.680 --> 48:33.680]  They ask for two witnesses, is that necessary?
[48:33.680 --> 48:38.680]  No, they only ask you if there are witnesses
[48:38.680 --> 48:42.680]  And if there are witnesses, you can fill that in
[48:42.680 --> 48:48.680]  But it's not necessary, I just did one for someone yesterday and just left those blank
[48:48.680 --> 49:00.680]  About two months ago I bar grieved a judicial conduct against a judge and I never got a response
[49:00.680 --> 49:05.680]  Sometimes it takes a while and sometimes you'll never get a response
[49:05.680 --> 49:12.680]  But regardless, it puts a mark on his chart
[49:12.680 --> 49:17.680]  You can always contact him and ask him what is the problem
[49:17.680 --> 49:34.680]  Ask him what's going on with this complaint you filed, did you guys not get it, do I need to file it again?
[49:34.680 --> 49:42.680]  Just wake them up and have them, they'll let you know what's going on with it
[49:42.680 --> 49:45.680]  Status, that's what Eduardo's looking for
[49:45.680 --> 49:57.680]  You answered my other question with Richard, but about filing a complaint, why wouldn't I go to the grand jury?
[49:57.680 --> 50:02.680]  I mean that's who I was getting prepared to speak to
[50:02.680 --> 50:10.680]  Well because if you, at the end of the day it's all about, it's all politics
[50:10.680 --> 50:18.680]  And now you're going to have the Texas Ranger upset at these guys
[50:18.680 --> 50:25.680]  Because now they're getting the Texas Ranger in trouble and the director of the department of public safety
[50:25.680 --> 50:31.680]  And the district attorney is just adding more people to the mix
[50:31.680 --> 50:38.680]  So you would forget or bypass everybody and just go to the Texas Ranger to file?
[50:38.680 --> 50:44.680]  Technically that's the place to go to when there's a complaint against a public official
[50:44.680 --> 50:53.680]  They are tasked specifically with investigating complaints against public officials
[50:53.680 --> 50:58.680]  So you can be sure they're going to make a few calls
[50:58.680 --> 51:01.680]  And they're out of Austin?
[51:01.680 --> 51:05.680]  No, no you'll have a local Texas Ranger
[51:05.680 --> 51:09.680]  Oh okay, I'll need to find that out then
[51:09.680 --> 51:16.680]  Yeah, find out who he is and when you stick this on him he's not going to be too happy
[51:16.680 --> 51:20.680]  When he follows policy and you sting him for it
[51:20.680 --> 51:24.680]  It's kind of a long story is what happened here
[51:24.680 --> 51:29.680]  It used to be that a Texas Ranger could not investigate a public official
[51:29.680 --> 51:36.680]  Without the specific authorization of the director of the department of public safety himself
[51:36.680 --> 51:43.680]  When they changed this law, gave the Ranger a specific authorization and duty to enforce
[51:43.680 --> 51:47.680]  Or to investigate complaints against public officials
[51:47.680 --> 51:51.680]  The director no longer had the power to grant or deny
[51:51.680 --> 51:59.680]  So to get political control back they established a policy to send them to the prosecuting attorney
[51:59.680 --> 52:02.680]  Problem is that policy is flawed
[52:02.680 --> 52:07.680]  Because the prosecuting attorney has no power to grant or deny
[52:07.680 --> 52:10.680]  Statutorily he has no power
[52:10.680 --> 52:13.680]  And this highlights this
[52:13.680 --> 52:17.680]  What we want to do is free up the Texas Ranger
[52:17.680 --> 52:20.680]  So he's not restricted
[52:20.680 --> 52:24.680]  He's kind of outside all of their loops
[52:24.680 --> 52:30.680]  And it's been my experience with Texas Rangers is they are proud men
[52:30.680 --> 52:35.680]  They think of themselves as elite law enforcement officers
[52:35.680 --> 52:43.680]  And they do not feel associated with the sheriff's department or any municipality
[52:43.680 --> 52:47.680]  They're the pros from Dover
[52:47.680 --> 52:52.680]  And then we wind up with the director tying their hands
[52:52.680 --> 52:55.680]  And sending them to the local prosecuting attorney
[52:55.680 --> 52:57.680]  We need to get that fixed
[52:57.680 --> 53:02.680]  We need the Texas Ranger to be a true check and balance
[53:02.680 --> 53:07.680]  We sting a few of them and then they force them to fix that ruling
[53:07.680 --> 53:14.680]  Then we open the door until we have a real tool we can use
[53:14.680 --> 53:19.680]  Okay Randy that fixes me all up for now anyway
[53:19.680 --> 53:25.680]  Okay send me an email about that subject matter jurisdiction challenge
[53:25.680 --> 53:29.680]  There are a number of other documents that were
[53:29.680 --> 53:34.680]  Did you follow all the documents that were included in the package?
[53:34.680 --> 53:36.680]  Yes
[53:36.680 --> 53:39.680]  Oh good you got some good stuff in front of them
[53:39.680 --> 53:43.680]  You have a special appearance first thing
[53:43.680 --> 53:48.680]  That has to be heard before anything else
[53:48.680 --> 53:54.680]  And it forces them to prove up jurisdiction and in personum jurisdiction
[53:54.680 --> 53:58.680]  And they can't get there and if they come to court without an answer
[53:58.680 --> 54:02.680]  Then you move for default judgment
[54:02.680 --> 54:06.680]  Or not exactly default you move for summary judgment
[54:06.680 --> 54:11.680]  Since the prosecuting essentially stipulated to everything you had
[54:11.680 --> 54:18.680]  You said the judge has a duty to rule in your favor on all points
[54:18.680 --> 54:22.680]  And he won't and then you file against him
[54:22.680 --> 54:27.680]  Now what motion was that you said that
[54:27.680 --> 54:30.680]  A special appearance
[54:30.680 --> 54:36.680]  A special appearance is a challenge to in personum jurisdiction
[54:36.680 --> 54:42.680]  It's a challenge to their jurisdiction over you the person
[54:42.680 --> 54:49.680]  And here you argue that the sheriff's deputy
[54:49.680 --> 54:53.680]  Was not appointed by the county commissioners court
[54:53.680 --> 54:57.680]  As a traffic control officer so he had no power to enforce
[54:57.680 --> 55:00.680]  Correct
[55:00.680 --> 55:03.680]  So let him try that on
[55:03.680 --> 55:09.680]  Okay Randy that's all I have
[55:09.680 --> 55:11.680]  Okay thank you dean
[55:11.680 --> 55:15.680]  Okay now we're going to Sally in Texas
[55:15.680 --> 55:16.680]  Hello Sally
[55:16.680 --> 55:18.680]  Yes sir
[55:18.680 --> 55:21.680]  What do you have for us today
[55:21.680 --> 55:26.680]  Well this is a property related question
[55:26.680 --> 55:29.680]  And I just don't know where to look
[55:29.680 --> 55:33.680]  And first of all before anything I'd like to tell you thank you for everything you do
[55:33.680 --> 55:37.680]  It's not easy and you're right there's not many people out there that do that
[55:37.680 --> 55:41.680]  And I'd like to encourage everybody that's listening
[55:41.680 --> 55:46.680]  To every time you shop Amazon go to logos first and make sure they get credit
[55:46.680 --> 55:49.680]  Because it's going to help a little bit
[55:49.680 --> 55:53.680]  Yes it will and thank you for that
[55:53.680 --> 56:02.680]  My situation is we've ended up with a piece of property
[56:02.680 --> 56:08.680]  That my husband bought 40 years ago
[56:08.680 --> 56:12.680]  And he had given it to his parents
[56:12.680 --> 56:15.680]  They were paying the taxes on it
[56:15.680 --> 56:19.680]  Mom said I've given it to the church
[56:19.680 --> 56:23.680]  Never got any tax notices
[56:23.680 --> 56:26.680]  Dad passed away, mom passed away
[56:26.680 --> 56:34.680]  And all of a sudden we get hit with a lawsuit for 20 years back taxes
[56:34.680 --> 56:39.680]  For 20 years back taxes?
[56:39.680 --> 56:44.680]  Yes down back to 1996
[56:44.680 --> 56:49.680]  Had no clue that we had any interest in the property whatsoever
[56:49.680 --> 56:53.680]  Had not seen any tax notices, nothing
[56:53.680 --> 56:55.680]  Okay you don't have to worry about it
[56:55.680 --> 56:58.680]  If you're not interested in the property
[56:58.680 --> 57:04.680]  Then I'll induce tax property
[57:04.680 --> 57:09.680]  I said they will not follow the code
[57:09.680 --> 57:14.680]  That says it has in the property tax code
[57:14.680 --> 57:20.680]  That you can turn it over, turn the property over to the taxing entity
[57:20.680 --> 57:22.680]  In lieu of the taxes
[57:22.680 --> 57:25.680]  Bastrop County will not accept that
[57:25.680 --> 57:30.680]  They filed criminal charges against him
[57:30.680 --> 57:34.680]  39.03 Texas penal code
[57:34.680 --> 57:37.680]  You should have that memorized
[57:37.680 --> 57:42.680]  It reflects the Ku Klux Klan act of 1871
[57:42.680 --> 57:49.680]  And that is codified into the federal code is 18 US code 242
[57:49.680 --> 57:53.680]  If a public official, and I'm paraphrasing here because it's a little long
[57:53.680 --> 57:56.680]  Essentially what it says is if a public official
[57:56.680 --> 58:00.680]  Acting under the color or pretense of an official capacity
[58:00.680 --> 58:03.680]  Fails to perform a duty he's required to perform
[58:03.680 --> 58:07.680]  And in the process denies you the full free access to her enjoyment of right
[58:07.680 --> 58:12.680]  That's class A misdemeanor in the state of Texas
[58:12.680 --> 58:13.680]  Okay
[58:13.680 --> 58:15.680]  Take him to the task
[58:15.680 --> 58:17.680]  We had a district judge
[58:17.680 --> 58:20.680]  Finding the facts and conclusions at law
[58:20.680 --> 58:26.680]  He shall produce it in 20 days on the 21st day we filed official oppression
[58:26.680 --> 58:28.680]  Try that out smart guy
[58:28.680 --> 58:30.680]  Hang on, about to go to break
[58:30.680 --> 58:31.680]  Randy Kelton
[58:31.680 --> 58:37.680]  The rule of law radio or call it number 512-646-1984
[58:37.680 --> 59:02.680]  We'll be right back
[59:07.680 --> 59:11.680]  And it contains thousands of footnotes that will help you to know God
[59:11.680 --> 59:13.680]  And to know the meaning of life
[59:13.680 --> 59:18.680]  The free books are a three volume set called Basic Elements of the Christian Life
[59:18.680 --> 59:21.680]  Chapter by chapter Basic Elements of the Christian Life
[59:21.680 --> 59:24.680]  Clearly presents God's plan of salvation
[59:24.680 --> 59:27.680]  Growing in Christ and how to build up the church
[59:27.680 --> 59:30.680]  To order your free New Testament recovery version
[59:30.680 --> 59:33.680]  And Basic Elements of the Christian Life
[59:33.680 --> 59:40.680]  Call Bibles for America toll free at 888-551-0102
[59:40.680 --> 59:44.680]  That's 888-551-0102
[59:44.680 --> 01:00:07.680]  Or visit us online at bfa.org
[01:00:07.680 --> 01:00:14.680]  Markets for Wednesday the 7th of March 2018 are trading with gold at $1,327.21 an ounce
[01:00:14.680 --> 01:00:17.680]  Silver $16.49 an ounce
[01:00:17.680 --> 01:00:20.680]  Texas crude $62.60 a barrel
[01:00:20.680 --> 01:00:24.680]  Bitcoin's at $9,883.87
[01:00:24.680 --> 01:00:27.680]  Ethereum $748.18
[01:00:27.680 --> 01:00:30.680]  Bitcoin Cash $1,086.63
[01:00:30.680 --> 01:00:39.680]  And finally Litecoins at $181.10 a crypto coin
[01:00:39.680 --> 01:00:40.680]  Today in History
[01:00:40.680 --> 01:00:42.680]  The year? 1989
[01:00:42.680 --> 01:00:48.680]  Iran and the United Kingdom break diplomatic relations after a fight over Simon Rushdie's controversial novel
[01:00:48.680 --> 01:00:50.680]  The Satanic Verses
[01:00:50.680 --> 01:00:54.680]  Today in History
[01:00:54.680 --> 01:01:01.680]  In recent news President Trump's top economic advisor Gary D. Cohen stated yesterday Tuesday that he was indeed resigning
[01:01:01.680 --> 01:01:10.680]  This after giving a heads up last week that he was considering doing so if President Trump decided to follow through with his tariffs on imported aluminum and steel
[01:01:10.680 --> 01:01:16.680]  Of course with President Trump's announcement last week that he would indeed levy tariffs on aluminum and steel imports
[01:01:16.680 --> 01:01:19.680]  The reason for Mr. Cohen's departure seems obvious for many
[01:01:19.680 --> 01:01:24.680]  Considering he was one of the lone vocal opponents of any such measures in the administration
[01:01:24.680 --> 01:01:29.680]  According to a report by the Daily Mail
[01:01:29.680 --> 01:01:37.680]  Skeletal biology expert Richard Jantz at the University of Tennessee believes he may have found the skeletal remains of Amelia Earhart on a Pacific Island
[01:01:37.680 --> 01:01:43.680]  Amelia went missing in 1937 when her plane and navigator Fred Noonan were never to be found
[01:01:43.680 --> 01:01:52.680]  At least until now Richard Jantz stated that what I can say scientifically is that they, the recent Pacific Island remains, are 99% likely to be hers
[01:01:52.680 --> 01:01:59.680]  Interesting timing for this finding to be released considering that the 1932 Hudson Essex Terraplane which once belonged to Earhart
[01:01:59.680 --> 01:02:08.680]  Was reportedly stolen on Friday February 23, 2018 only to be found three days later on the street corner in the Sereno neighborhood in LA
[01:02:08.680 --> 01:02:17.680]  The crypto market took a big blow today Wednesday with the top 10 currencies suffering 5-10% losses
[01:02:17.680 --> 01:02:24.680]  This downturn right after the Securities and Exchange Commission announced that it would be requiring digital asset exchanges to register with them
[01:02:24.680 --> 01:02:31.680]  According to the SEC statement quote if a platform offers trading of digital assets that are securities and operates as an exchange
[01:02:31.680 --> 01:02:40.680]  As defined by the federal securities laws then the platform must register with the SEC as a national securities exchange or be exempt from registration
[01:02:40.680 --> 01:02:52.680]  The Lone Star Lowdown is looking for sponsors, if you have a product or service you'd like to advertise with us feel free to give me a call at 210-363-2257
[01:02:52.680 --> 01:03:19.680]  This was Rick Rode with your lowdown for March 7th, 2018
[01:03:19.680 --> 01:03:26.680]  Okay we are back, Randy Kelton, Rule of Law Radio and we're talking to Sally in Texas
[01:03:26.680 --> 01:03:36.680]  Okay Sally, is the property worth as much as the tax is against it?
[01:03:36.680 --> 01:03:54.680]  It's worth as, it's supposed to be worth as much as the tax is against it. We were, I had sent an email that probably got lost in the bazillion that you get every week
[01:03:54.680 --> 01:04:13.680]  But the advice that we had gotten was if you let it go into foreclosure they will sell it and the policy right now is that they won't come back after you
[01:04:13.680 --> 01:04:26.680]  But they won't allow just giving it to them in lieu of taxes but then they've also disclosed that there's supposed to be a lien on the property
[01:04:26.680 --> 01:04:43.680]  From a homeowners association that we never knew existed can't find information to contact and supposedly they don't have a management certificate on file
[01:04:43.680 --> 01:04:53.680]  And I just don't know how to navigate all this stuff or where to find information to start being able to make some smart decisions
[01:04:53.680 --> 01:04:59.680]  Okay how long ago did the taxing authority sue you?
[01:04:59.680 --> 01:05:09.680]  The answer, we had to make a decision last week because the answer is due on Monday
[01:05:09.680 --> 01:05:18.680]  Okay write up something that says we deny all claims by plaintiff and file it
[01:05:18.680 --> 01:05:37.680]  That gets you past the deadline. You can always file an amended but don't let the deadline pass without something filed and all it has to be is you deny all claims by plaintiff and demand that the plaintiff prove up all his claims
[01:05:37.680 --> 01:05:48.680]  You put him to his proof and just file it, that's all it needs to be. You got something in the court then you can make up an amended at your leisure
[01:05:48.680 --> 01:06:15.680]  Question becomes, and this is probably a better question for Eddie Craig because he has more experience in this kind of tax law than I do, but is the taxing authority required to accept the property in lieu of taxes?
[01:06:15.680 --> 01:06:23.680]  And how long does the taxing authority have to collect these taxes?
[01:06:23.680 --> 01:06:41.680]  That I couldn't find. It says in the, I think it's subsection 309, that a property owner may with the permission of the taxing authority convey the property in lieu of payment of taxes
[01:06:41.680 --> 01:06:44.680]  Okay with permission
[01:06:44.680 --> 01:06:45.680]  Yes
[01:06:45.680 --> 01:06:55.680]  Okay. How long does the taxing authority have to initiate tax collection procedures?
[01:06:55.680 --> 01:06:59.680]  I have no idea. I have not been able to find that
[01:06:59.680 --> 01:07:17.680]  Okay. And then normally a debt is seven years max. Now that's after you have a claim, you only have two years on a debt, but the taxing is different, you'd have to read it
[01:07:17.680 --> 01:07:34.680]  It sounds like they're out of time. Somebody screwed up. They let it set for 20 years and did nothing. And now they come back 20 years later and try to steal the money from, wait a minute, wait a minute. This belonged to your parents?
[01:07:34.680 --> 01:07:51.680]  Well, apparently they never transferred the, they never transferred it into their name. It was on the tax rolls as they were the assessed name because they were paying the taxes on it.
[01:07:51.680 --> 01:08:12.680]  But we've asked for a copy of the deed. They're claiming the deed is still in my husband's name, but we haven't seen a deed. I don't have any paperwork. There is no proof that we've seen on who owns what.
[01:08:12.680 --> 01:08:25.680]  And it's just, this was one of those pieces of property that started out as
[01:08:25.680 --> 01:08:39.680]  Okay. What you might do is create a little politics. File a countersuit against the taxing authority for malicious prosecution.
[01:08:39.680 --> 01:08:56.680]  Okay. Name a big number. Who cares? They're trying to collect money and they probably sent this suit figuring you would run down there and play, let's make a deal and give them a whole bunch of money.
[01:08:56.680 --> 01:09:04.680]  Did they contact you prior to this to try to get you to pay the taxes?
[01:09:04.680 --> 01:09:32.680]  There was a letter addressed to mom and dad and my husband that said there's a whole bunch of taxes owed. And we sent back a letter that said, excuse me, but can we have some proof here? Will you produce this, this, and this? And the answer was the lawsuit.
[01:09:32.680 --> 01:09:44.680]  Okay. Then file a countersuit against them for malicious prosecution. Claims you don't own the property, you haven't owned the property for this whole time period.
[01:09:44.680 --> 01:09:59.680]  That you transferred it to someone else. The fact that they did not file a transfer of the property into the record is not something you have control over.
[01:09:59.680 --> 01:10:18.680]  So you claim they knew this, they had evidence to this effect. But since your parents to whom you transferred the property to passed away, the taxing authority is trying to defraud you by forcing you to pay taxes they know you don't owe.
[01:10:18.680 --> 01:10:27.680]  And what that tells them, it's gonna cost you more to fight this than you can make.
[01:10:27.680 --> 01:10:30.680]  Make up a good story.
[01:10:30.680 --> 01:10:31.680]  Yeah.
[01:10:31.680 --> 01:10:42.680]  Yeah, they have to disprove anything. You transferred this, your parents, they transferred it to a church. And is the church still in existence?
[01:10:42.680 --> 01:10:44.680]  Yes.
[01:10:44.680 --> 01:10:48.680]  It's David and Austin.
[01:10:48.680 --> 01:10:52.680]  What does the church say? Do they have any knowledge of this?
[01:10:52.680 --> 01:11:10.680]  They're saying that they don't know what it's about. And I think what probably happened was mom gave the paperwork to someone, they didn't know what to do. So they handed it to someone else and got shoved in a desk and forgotten.
[01:11:10.680 --> 01:11:15.680]  And that's still...
[01:11:15.680 --> 01:11:18.680]  Did they find the paperwork?
[01:11:18.680 --> 01:11:21.680]  I have not found any paperwork.
[01:11:21.680 --> 01:11:24.680]  Okay.
[01:11:24.680 --> 01:11:42.680]  So this leaves us with, okay, you've got court circulation, you pay the taxes or you don't. And then how do we figure out what to do about the homeowner association that we never existed?
[01:11:42.680 --> 01:11:52.680]  They can only make a lien against the property. And if you don't care about the property, you don't care about the homeowner association.
[01:11:52.680 --> 01:11:54.680]  Yeah.
[01:11:54.680 --> 01:12:06.680]  They just have a lien against the property. But if it sells for taxes, then the lien's trash, it goes. The taxes stand before anything else.
[01:12:06.680 --> 01:12:15.680]  Yeah. What I was concerned about is if we go into foreclosure and they sell...
[01:12:15.680 --> 01:12:22.680]  No, no, no, no, no, no. There's no foreclosure. This is just a tax thing, just a tax suit.
[01:12:22.680 --> 01:12:32.680]  Right. They're saying if we don't pay the taxes, they're going to foreclose and they'll sell it for an undetermined amount and come after us.
[01:12:32.680 --> 01:12:36.680]  By the way, there, you're talking about the homeowners association?
[01:12:36.680 --> 01:12:41.680]  No, the taxing authority.
[01:12:41.680 --> 01:12:48.680]  Okay. Well, okay. Then that sounds like they were doing what you'd expect them to do.
[01:12:48.680 --> 01:13:07.680]  What they'll do is put it on the tax rolls, put it up for a tax sale, and when it doesn't sell, it will go on to the unclaimed property list and sitting there not collecting any taxes.
[01:13:07.680 --> 01:13:20.680]  But as far as their claim back to you, if the property is worth the amount of the taxes, they have no claim to file a countersuit against them.
[01:13:20.680 --> 01:13:45.680]  And you might name the tax assessor collector personally. That'll hurt his feelings. It's all politics. Give him a reason to sell it and put it to property of sale. Is he in a position to where there's demand for the property?
[01:13:45.680 --> 01:13:51.680]  Yeah, I do not know. It's 300 miles away.
[01:13:51.680 --> 01:13:53.680]  Wait, say that again.
[01:13:53.680 --> 01:14:01.680]  Yeah, the property is 300 miles away and will...
[01:14:01.680 --> 01:14:04.680]  What part of Texas is it in?
[01:14:04.680 --> 01:14:07.680]  Bastrop County.
[01:14:07.680 --> 01:14:10.680]  How many acres is it?
[01:14:10.680 --> 01:14:19.680]  It's a tiny little lot on the corner of two streets.
[01:14:19.680 --> 01:14:23.680]  This is in Bastrop County? How big is it?
[01:14:23.680 --> 01:14:28.680]  It's just a small lot in a subdivision.
[01:14:28.680 --> 01:14:35.680]  Oh, okay.
[01:14:35.680 --> 01:14:40.680]  Then just file a counter complaint against them.
[01:14:40.680 --> 01:14:51.680]  Then when you countersuit them, that tells them you're not going to just knuckle under. They're going to wind up losing money regardless if they continue.
[01:14:51.680 --> 01:15:02.680]  That's all I know to tell you. I'm not that familiar with the property tax codes.
[01:15:02.680 --> 01:15:04.680]  Okay.
[01:15:04.680 --> 01:15:10.680]  The homeowners association, they're not too difficult to handle.
[01:15:10.680 --> 01:15:18.680]  But tax is not my area, so I really couldn't speak with authority on that issue.
[01:15:18.680 --> 01:15:20.680]  Okay.
[01:15:20.680 --> 01:15:38.680]  Well, we will let you get on to other callers, and I will call back and ask for advice, I'm sure, later. And just a reminder to everybody that's listening, go to Logos before you go to Amazon.
[01:15:38.680 --> 01:15:41.680]  We do have time.
[01:15:41.680 --> 01:15:42.680]  Thanks.
[01:15:42.680 --> 01:15:44.680]  Okay.
[01:15:44.680 --> 01:15:47.680]  Okay, go ahead.
[01:15:47.680 --> 01:15:48.680]  Bye-bye.
[01:15:48.680 --> 01:15:50.680]  Okay, thank you, Sally.
[01:15:50.680 --> 01:15:56.680]  Okay, yes, by all means, go to Logos before you go to Amazon.
[01:15:56.680 --> 01:16:05.680]  We can certainly use whatever income we can get. We're struggling right now to keep this on the air.
[01:16:05.680 --> 01:16:12.680]  We have quite a bit of costs coming up, and we just don't have the funds to support it.
[01:16:12.680 --> 01:16:24.680]  We're working on it, and we could use any help we can get. We don't have any calls on the board right now, so if you have a question or comment, give us a call. Our call-in number is 512-646-1984.
[01:16:24.680 --> 01:16:35.680]  When we come back, I'm going to go back to the Legal 101. We have that for sale as well, and I'm going to go through some of the issues in there.
[01:16:35.680 --> 01:16:46.680]  That's about how things really work in the real world we live in as opposed to what you read and what you learned in school, what you read in the law books.
[01:16:46.680 --> 01:16:59.680]  This is Randy Kelton, Rule of the Radio, our call-in number, 512-646-1984. We'll be right back.
[01:16:59.680 --> 01:17:06.680]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's no going back.
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[01:17:12.680 --> 01:17:21.680]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't have any money to give because I spend it all on supplements. How can I help logos?
[01:17:21.680 --> 01:17:30.680]  Well, I'm glad you asked. Whenever you order anything from Amazon, you can help logos. When ordering your supplies or holiday gifts, the first thing you do is clear your cookies.
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[01:17:46.680 --> 01:17:47.680]  No.
[01:17:47.680 --> 01:17:48.680]  Can I use my Amazon Prime?
[01:17:48.680 --> 01:17:49.680]  No.
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[01:19:00.680 --> 01:19:10.680]  This is the Logos Radio Network.
[01:19:10.680 --> 01:19:29.680]  Music playing
[01:19:29.680 --> 01:19:41.680]  Okay, we are back. Randy Kelton with Rule of Law Radio, and we've got a caller. We're going to Charles in California. California. Charles in Georgia.
[01:19:41.680 --> 01:19:43.680]  How's it going today, Randy?
[01:19:43.680 --> 01:19:47.680]  It's going good. What do you have for us today?
[01:19:47.680 --> 01:19:57.680]  All right. I called a couple of weeks ago, and I told you I've got my CD here. I'm a commercial driver. I drive trucks.
[01:19:57.680 --> 01:20:01.680]  Wait a minute. Are you driving a truck now?
[01:20:01.680 --> 01:20:04.680]  I am in a truck. I'm not driving a truck.
[01:20:04.680 --> 01:20:08.680]  Oh, because you must be close to a roadway.
[01:20:08.680 --> 01:20:10.680]  I am.
[01:20:10.680 --> 01:20:14.680]  Yeah, because do you have the wind to roll down?
[01:20:14.680 --> 01:20:17.680]  No, it's just very loud in this truck.
[01:20:17.680 --> 01:20:30.680]  Okay. Well, we're having a little trouble understanding you because the cars going by are so loud. Go out there and tell them to stop while you're on the radio.
[01:20:30.680 --> 01:20:32.680]  I love it. I love it.
[01:20:32.680 --> 01:20:37.680]  How rude. Okay. What do you have for us?
[01:20:37.680 --> 01:20:58.680]  Well, I remember a couple of weeks ago I got my trailer stuck on top of the beginning of a garden. I couldn't get it off, and I had to call a wrecker to get it off.
[01:20:58.680 --> 01:21:03.680]  Wait a minute. Hold on. This is not going to work.
[01:21:03.680 --> 01:21:19.680]  You have so much background noise we can't understand you. Do you have a place where you can get a little bit off the roadway where there's no guardrail?
[01:21:19.680 --> 01:21:21.680]  Let's try this. Is this any better?
[01:21:21.680 --> 01:21:24.680]  That seems to be better, yes.
[01:21:24.680 --> 01:21:31.680]  Okay. Okay, I just got a sacrifice.
[01:21:31.680 --> 01:21:40.680]  So, I got the trailer stuck on the guardrail, and my dispatch called the wrecker out to get me off the guardrail.
[01:21:40.680 --> 01:21:51.680]  Well, when they did that, they had to call the sheriff out there to stop traffic in order to get me off the guardrail.
[01:21:51.680 --> 01:22:02.680]  When he got there, he looked at the situation, went back to his car for about 40 minutes, and came back with a ticket.
[01:22:02.680 --> 01:22:16.680]  And I asked him what it was about, and he said, well, you didn't call 911 first. You were supposed to call the sheriff or the police first before you called the wrecker.
[01:22:16.680 --> 01:22:18.680]  Where's that at law?
[01:22:18.680 --> 01:22:20.680]  I'm sorry?
[01:22:20.680 --> 01:22:24.680]  What law did he cite you with?
[01:22:24.680 --> 01:22:27.680]  Okay, what state were you in?
[01:22:27.680 --> 01:22:29.680]  Georgia.
[01:22:29.680 --> 01:22:33.680]  Okay, did he cite a statute?
[01:22:33.680 --> 01:22:35.680]  He did.
[01:22:35.680 --> 01:22:38.680]  Did you read it?
[01:22:38.680 --> 01:22:53.680]  I did. The statute actually says if you cause damage to public property...
[01:22:53.680 --> 01:22:57.680]  Okay, was there damage to the guardrail?
[01:22:57.680 --> 01:23:04.680]  Okay, on that night, it was so dark, I didn't see any damage to the guardrail, and I took pictures.
[01:23:04.680 --> 01:23:13.680]  Okay, then you couldn't see any, the officer couldn't either. Did the officer allege that there was damage to the guardrail?
[01:23:13.680 --> 01:23:16.680]  Yes.
[01:23:16.680 --> 01:23:25.680]  Did he document the damage to the guardrail?
[01:23:25.680 --> 01:23:41.680]  That's what he wrote on the ticket. He wrote on the ticket that it was, that tell you to call 911 with damage to public property, and then he cited the Georgia law, whichever the 40-whatever it was.
[01:23:41.680 --> 01:23:52.680]  Okay, is there a statement in the form of an affidavit alleging the damages?
[01:23:52.680 --> 01:23:58.680]  Not yet. I haven't, not yet.
[01:23:58.680 --> 01:24:04.680]  Okay, so when you got hung up on it, you couldn't tell that there was damage?
[01:24:04.680 --> 01:24:06.680]  No.
[01:24:06.680 --> 01:24:10.680]  All crimes are thought crimes.
[01:24:10.680 --> 01:24:21.680]  You can't technically be held for violating a law if you didn't know you violated it.
[01:24:21.680 --> 01:24:29.680]  And if it's dark and you couldn't see the damage and you photographed, did you take photos of it?
[01:24:29.680 --> 01:24:48.680]  I did. I took a lot of photos of me being stuck on the guardrail, and I took another photo of the tow truck, which was shining atomic light right down on the subject when they were right there.
[01:24:48.680 --> 01:24:55.680]  But before the tow truck driver got there, I mean, it was so dark, you can't see your hand in front of your face.
[01:24:55.680 --> 01:25:10.680]  Oh, okay. So what they're probably going to say is, you probably should have presumed there was damage to the guardrail because you ran over it with a big truck.
[01:25:10.680 --> 01:25:16.680]  Okay, did your photos show damage to the guardrail after the tow truck got there?
[01:25:16.680 --> 01:25:24.680]  No. I only took pictures after he had wrote the ticket. I wasn't going to take pictures at all.
[01:25:24.680 --> 01:25:30.680]  When he got it off the guardrail, did you see any damage?
[01:25:30.680 --> 01:25:45.680]  Still, not that I could see. The only thing I could see is that the mud on the side of the road was sunk in from this 40,000-pound trailer, and they had just put the side in and it sunk in.
[01:25:45.680 --> 01:25:48.680]  That's the only damage that I could see, not to the guardrail.
[01:25:48.680 --> 01:25:56.680]  Okay, so he's charging you maybe with damaging dirt?
[01:25:56.680 --> 01:26:04.680]  I've got somebody else who's been charged with damaging dirt, and I was wondering, how do you damage dirt?
[01:26:04.680 --> 01:26:26.680]  If you have photos of the guardrail and the damage is not apparent, even after the truck was off of it, then you charge the officer with aggravated perjury.
[01:26:26.680 --> 01:26:35.680]  All right. Charge him with it anyway and let him prove he didn't commit aggravated perjury.
[01:26:35.680 --> 01:26:49.680]  All right. Now, you were alluding to something the last time I called. You asked me, where is my place of residence, and my place of residence is in Michigan, and I assumed that you were alluding to that for a reason.
[01:26:49.680 --> 01:27:04.680]  Yeah, well, it may go to the feds. It depends on what you want to do here.
[01:27:04.680 --> 01:27:21.680]  If the officer committed aggravated perjury on the citation, then that's an act of a denial of due process. Due process rings equally in the state as in the Fed.
[01:27:21.680 --> 01:27:35.680]  So sue them in a federal court in Michigan. That's why I was asking that question. That gets you diversity.
[01:27:35.680 --> 01:27:39.680]  Okay, because I thought you were alluding to that.
[01:27:39.680 --> 01:27:53.680]  Yeah, you were in Georgia, but you were in interstate commerce unless you worked out of Georgia. Were you doing cross country?
[01:27:53.680 --> 01:27:59.680]  No, well, yeah, I was in the state of Georgia doing interstate commerce.
[01:27:59.680 --> 01:28:05.680]  You're federal then. Bring them out in the federal court.
[01:28:05.680 --> 01:28:15.680]  Okay, so I should, I should go ahead and have this removed from that small town of Franklin, the county of Franklin County to the federal courts of Michigan.
[01:28:15.680 --> 01:28:18.680]  Yes.
[01:28:18.680 --> 01:28:24.680]  Because you were in interstate commerce.
[01:28:24.680 --> 01:28:28.680]  How long ago did you get this citation.
[01:28:28.680 --> 01:28:35.680]  This was a new job in January.
[01:28:35.680 --> 01:28:41.680]  Too late. No, no, no, no, February.
[01:28:41.680 --> 01:28:46.680]  13 too late.
[01:28:46.680 --> 01:28:52.680]  Bummer, you only got 30 days to remove.
[01:28:52.680 --> 01:28:53.680]  Oh, really.
[01:28:53.680 --> 01:29:00.680]  Yeah, thinking.
[01:29:00.680 --> 01:29:07.680]  I'm thinking how you can get a federal claim.
[01:29:07.680 --> 01:29:14.680]  You had 30 days to remove so the time to remove is passed.
[01:29:14.680 --> 01:29:23.680]  But you can still file against him, file with the FBI file a criminal complaint against him the FBI.
[01:29:23.680 --> 01:29:25.680]  Okay.
[01:29:25.680 --> 01:29:44.680]  Also, my producer is from Georgia he might be able to tell me who the who is the entity that certifies peace officers you file a complaint with him and that'll go get go against his bond.
[01:29:44.680 --> 01:30:02.680]  Hang on about to go to break Randy Kelton rule of law radio, our call in number 512646 1984. We'll be right back.
[01:30:02.680 --> 01:30:15.680]  People scan the store shelves when they shop, but soon those shelves may be scanning you to serve highly personalized ads, Dr. Catherine Albrecht and I'll have details on the latest creepy marketing scheme in a moment.
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[01:33:03.680 --> 01:33:30.680]  You found it logos radio network.com.
[01:33:30.680 --> 01:33:38.680]  Okay, we are back Randy Kelton rule of law radio and we're talking to Charles in Georgia.
[01:33:38.680 --> 01:33:40.680]  Okay, Charles.
[01:33:40.680 --> 01:33:44.680]  According to my producer.
[01:33:44.680 --> 01:33:55.680]  Georgia statute 40-6-273 says there must be at least $500 of damage.
[01:33:55.680 --> 01:34:04.680]  Is that the statute that you were referring to hold on with me helps if I unmute you.
[01:34:04.680 --> 01:34:16.680]  There we go.
[01:34:16.680 --> 01:34:19.680]  You got that background noise again.
[01:34:19.680 --> 01:34:23.680]  Oh, wait a minute.
[01:34:23.680 --> 01:34:27.680]  Okay, can you hear me now. Oh yeah, very good.
[01:34:27.680 --> 01:34:28.680]  Okay.
[01:34:28.680 --> 01:34:30.680]  The.
[01:34:30.680 --> 01:34:33.680]  Yes, that was it.
[01:34:33.680 --> 01:34:46.680]  So, so this says 500. So the citation would have to state that there was $500 or more in damage.
[01:34:46.680 --> 01:34:51.680]  Well, it does it does not say.
[01:34:51.680 --> 01:35:00.680]  Then file a motion to dismiss for insufficient to complain is insufficient on its face.
[01:35:00.680 --> 01:35:03.680]  Okay.
[01:35:03.680 --> 01:35:15.680]  And, and by the way, that was on February the 21st 30 days off.
[01:35:15.680 --> 01:35:19.680]  If I wanted to have it both to the fair that correct.
[01:35:19.680 --> 01:35:22.680]  Yeah, let's see.
[01:35:22.680 --> 01:35:28.680]  February the 21st.
[01:35:28.680 --> 01:35:31.680]  You got till Monday.
[01:35:31.680 --> 01:35:34.680]  I think let's go back to February 28.
[01:35:34.680 --> 01:35:39.680]  930 is 21st.
[01:35:39.680 --> 01:35:48.680]  You've got those on the 21st. You've got 30 full days.
[01:35:48.680 --> 01:35:52.680]  So, tomorrow's the last day.
[01:35:52.680 --> 01:35:54.680]  File it Monday.
[01:35:54.680 --> 01:36:00.680]  Notice of removal of federal court that'll jerk or not in their britches.
[01:36:00.680 --> 01:36:04.680]  All right, so I'm going to send me a notice of removal to the federal court.
[01:36:04.680 --> 01:36:09.680]  Do I have to notify? No, no, no, no, you send it to them.
[01:36:09.680 --> 01:36:25.680]  You send it to this. You need to contact the federal court in Michigan and ask them, tell them that you're removing a traffic case in Georgia to this court.
[01:36:25.680 --> 01:36:33.680]  Which court do you send? Do you tell them to send their all their documentation to?
[01:36:33.680 --> 01:36:35.680]  Okay.
[01:36:35.680 --> 01:36:40.680]  You tell them where to send it and look up removal. It's pretty straightforward.
[01:36:40.680 --> 01:36:45.680]  Removal is your right.
[01:36:45.680 --> 01:36:50.680]  Right's not exactly the right word. It's your authority.
[01:36:50.680 --> 01:36:55.680]  You do not file a request for removal.
[01:36:55.680 --> 01:37:02.680]  You file a notice of removal. And when you file the notice of removal, it is removed.
[01:37:02.680 --> 01:37:05.680]  And they no longer have jurisdiction.
[01:37:05.680 --> 01:37:12.680]  The primary case on that subject, black guy, South Carolina, goes into white bar.
[01:37:12.680 --> 01:37:16.680]  Gets into fight in white bar, kills guy in the white bar.
[01:37:16.680 --> 01:37:19.680]  He's prosecuted for murder.
[01:37:19.680 --> 01:37:23.680]  They pick the jury, get ready for trial.
[01:37:23.680 --> 01:37:27.680]  He files a notice of removal.
[01:37:27.680 --> 01:37:34.680]  Well, they've already picked a jury, so they went ahead and had the trial and found him guilty.
[01:37:34.680 --> 01:37:46.680]  And the federal court got the removal notice and looked at it and said this is frivolous and sent it right back.
[01:37:46.680 --> 01:37:50.680]  Two days they sent it back.
[01:37:50.680 --> 01:37:57.680]  Too bad. Once he filed a notice of removal, it was removed.
[01:37:57.680 --> 01:38:04.680]  And when the court did not cease all prosecution immediately, they violated the code.
[01:38:04.680 --> 01:38:08.680]  It had to retry.
[01:38:08.680 --> 01:38:12.680]  So it's once there is a removal.
[01:38:12.680 --> 01:38:19.680]  If the trial court tries to do anything, you file criminally against a judge.
[01:38:19.680 --> 01:38:24.680]  Then you file in the federal court for sanctions.
[01:38:24.680 --> 01:38:29.680]  That'll scare them because I had a friend here.
[01:38:29.680 --> 01:38:35.680]  They were trying to evict our friend in Texas, and I had him go file for bankruptcy.
[01:38:35.680 --> 01:38:43.680]  And he files and comes back with the bankruptcy filing and the constable said he didn't care.
[01:38:43.680 --> 01:38:45.680]  He had an order to evict.
[01:38:45.680 --> 01:38:49.680]  He's going to evict, you got two dogs in there, you get them out or I'll shoot them.
[01:38:49.680 --> 01:38:51.680]  Is that a fact, Jack?
[01:38:51.680 --> 01:38:54.680]  So I called the sheriff's department. I crawled all over him.
[01:38:54.680 --> 01:39:06.680]  Somebody from the sheriff's department got a hold of him and finally told him, you better get out of there because you're going to have a federal judge crawling down your throat.
[01:39:06.680 --> 01:39:10.680]  And he got the heck out of there.
[01:39:10.680 --> 01:39:15.680]  So they do not want to fight with federal judges.
[01:39:15.680 --> 01:39:21.680]  So you're barely in time, you file that.
[01:39:21.680 --> 01:39:32.680]  And then you file, okay, peace officer standards and training counsel for the state of Georgia.
[01:39:32.680 --> 01:39:45.680]  You send them a complaint against the officer for committing aggravated perjury on a traffic citation that he obviously did not understand the law that he was purporting to enforce.
[01:39:45.680 --> 01:39:51.680]  So and complain that he was not properly trained by this standards commission.
[01:39:51.680 --> 01:40:04.680]  Well, what's going to happen is they're going to send you back a response saying, that's nonsense that you're examined into your complaint and find it does not rise to level misconduct.
[01:40:04.680 --> 01:40:10.680]  But they got an insurance agent or whatever department he's working for.
[01:40:10.680 --> 01:40:21.680]  They have an insurance guy who it is his job to charge as much money as he can and not pay any claims.
[01:40:21.680 --> 01:40:29.680]  So he's looking for a reason to raise the bond rating for the jurisdiction.
[01:40:29.680 --> 01:40:38.680]  The way he gets to do that is with judicial conduct, with professional conduct complaints against the officers or lawsuits, of course.
[01:40:38.680 --> 01:40:41.680]  But a professional conduct complaint will do it.
[01:40:41.680 --> 01:40:50.680]  Scott Richardson was doing it here and every officer he's filed one against when he went back, they were gone.
[01:40:50.680 --> 01:41:01.680]  Six professional conduct complaints as a rule and the bonding agency come to him and said, you got this guy with six complaints.
[01:41:01.680 --> 01:41:05.680]  We're going to have to raise your bond rating for the whole department.
[01:41:05.680 --> 01:41:08.680]  So what do you think Sheriff's department is going to do?
[01:41:08.680 --> 01:41:13.680]  Keep this guy and pay higher insurance rates for everybody?
[01:41:13.680 --> 01:41:14.680]  He's toast.
[01:41:14.680 --> 01:41:15.680]  Make some moves.
[01:41:15.680 --> 01:41:17.680]  That's right.
[01:41:17.680 --> 01:41:22.680]  And then when he goes to another jurisdiction, he won't be able to get on there either.
[01:41:22.680 --> 01:41:25.680]  So you pretty well in their careers.
[01:41:25.680 --> 01:41:27.680]  So they want to play hardball?
[01:41:27.680 --> 01:41:34.680]  Introduce them to the deep end of the pool.
[01:41:34.680 --> 01:41:35.680]  Okay, excellent.
[01:41:35.680 --> 01:41:41.680]  Now when does this, I'm going to need to go back and listen to this program again.
[01:41:41.680 --> 01:41:45.680]  When are you guys going to have this up for listening, for review?
[01:41:45.680 --> 01:41:51.680]  Generally, Deb will have it up tomorrow as a rule.
[01:41:51.680 --> 01:41:52.680]  Excellent.
[01:41:52.680 --> 01:41:55.680]  Because I can't remember anything right now.
[01:41:55.680 --> 01:41:57.680]  I'm too excited.
[01:41:57.680 --> 01:41:59.680]  I'm too excited for this fight.
[01:41:59.680 --> 01:42:01.680]  This is going to be awesome.
[01:42:01.680 --> 01:42:04.680]  The removal of the federal court, that ought to be fun.
[01:42:04.680 --> 01:42:05.680]  Yeah.
[01:42:05.680 --> 01:42:06.680]  All right.
[01:42:06.680 --> 01:42:11.680]  So I'm going to get that certified notarized in the mail out there too.
[01:42:11.680 --> 01:42:16.680]  So as long as it's certified and in the mail documented that I sent it out Monday, it's
[01:42:16.680 --> 01:42:17.680]  filed.
[01:42:17.680 --> 01:42:18.680]  It's filed.
[01:42:18.680 --> 01:42:19.680]  Excellent.
[01:42:19.680 --> 01:42:20.680]  All right.
[01:42:20.680 --> 01:42:22.680]  Well, that's all the questions I have, man.
[01:42:22.680 --> 01:42:27.680]  I want you guys to keep up the good work and the good fight over there in Austin.
[01:42:27.680 --> 01:42:33.680]  And I'm not going to say Austin over in Texas, and I want you to pray for those guys in Austin,
[01:42:33.680 --> 01:42:41.680]  the people in Austin who were injured and hurt by the 2018 Unabomber there.
[01:42:41.680 --> 01:42:42.680]  Yeah.
[01:42:42.680 --> 01:42:44.680]  That is a problem.
[01:42:44.680 --> 01:42:46.680]  I hope they get that.
[01:42:46.680 --> 01:42:52.680]  I'm in Tennessee and I haven't been in the news, but I've heard about it.
[01:42:52.680 --> 01:42:57.680]  That's pretty odd to just be randomly killing people.
[01:42:57.680 --> 01:42:58.680]  Yeah.
[01:42:58.680 --> 01:42:59.680]  Yeah.
[01:42:59.680 --> 01:43:00.680]  Yeah.
[01:43:00.680 --> 01:43:01.680]  Okay.
[01:43:01.680 --> 01:43:05.680]  Well, thank you very much and let us know how this shakes out.
[01:43:05.680 --> 01:43:06.680]  I sure will.
[01:43:06.680 --> 01:43:07.680]  Thank you very much.
[01:43:07.680 --> 01:43:09.680]  I'll talk to you soon.
[01:43:09.680 --> 01:43:10.680]  Okay.
[01:43:10.680 --> 01:43:12.680]  Now we're going to Ken in New York.
[01:43:12.680 --> 01:43:14.680]  Hello, Ken.
[01:43:14.680 --> 01:43:16.680]  Hello, Randy.
[01:43:16.680 --> 01:43:22.680]  I have a question about constructing a tort letter.
[01:43:22.680 --> 01:43:29.680]  As I mentioned last time, I had a foot injury from no less than a foot doctor.
[01:43:29.680 --> 01:43:31.680]  And this thing has been going on since October.
[01:43:31.680 --> 01:43:33.680]  I just got out of a date.
[01:43:33.680 --> 01:43:36.680]  Uh-oh, I hear the music.
[01:43:36.680 --> 01:43:37.680]  Wait a minute.
[01:43:37.680 --> 01:43:39.680]  You're kind of breaking up there.
[01:43:39.680 --> 01:43:41.680]  I hear the music.
[01:43:41.680 --> 01:43:42.680]  But hold on.
[01:43:42.680 --> 01:43:45.680]  We're about to go to break, so we'll pick this up on the other side.
[01:43:45.680 --> 01:43:48.680]  This is Randy Kelton, Rule of Law Radio.
[01:43:48.680 --> 01:43:53.680]  I call in number 512-646-1984.
[01:43:53.680 --> 01:44:22.680]  We'll be right back.
[01:44:22.680 --> 01:44:26.680]  So now you know hemp is not marijuana, and marijuana is not hemp.
[01:44:26.680 --> 01:44:29.680]  They are different varieties of the same species.
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[01:45:01.680 --> 01:45:04.680]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:01.680 --> 01:46:13.680]  When you know karma is lurking around the corner, you better watch every step you take.
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[01:46:27.680 --> 01:46:34.680]  Okay, we are back.
[01:46:34.680 --> 01:46:38.680]  Randy Kelton, Rule of Law Radio, and we're talking to Ken in New York.
[01:46:38.680 --> 01:46:43.680]  Okay, Ken, foot injury, civil action, tort letter.
[01:46:43.680 --> 01:46:48.680]  So the tort letter, can I do it without using the malpractice word?
[01:46:48.680 --> 01:46:50.680]  Can I just say I was-
[01:46:50.680 --> 01:46:51.680]  Sure.
[01:46:51.680 --> 01:46:52.680]  I don't-
[01:46:52.680 --> 01:46:55.680]  Sure, sure, you never have to say that word.
[01:46:55.680 --> 01:46:56.680]  It is what it is.
[01:46:56.680 --> 01:46:58.680]  You don't have to say it.
[01:46:58.680 --> 01:47:00.680]  You only talk about what occurred.
[01:47:00.680 --> 01:47:08.680]  And what I suggest, when you write a tort letter, write your suit.
[01:47:08.680 --> 01:47:14.680]  And instead of putting a court heading on it, put a business heading on it.
[01:47:14.680 --> 01:47:24.680]  And in the prayer, you say, instead of a prayer, you tell them, I have been harmed, make me whole or be sued.
[01:47:24.680 --> 01:47:28.680]  And then they will get it, and they'll give it to their legal department.
[01:47:28.680 --> 01:47:33.680]  And the legal department will look at it, and they'll see a lawsuit.
[01:47:33.680 --> 01:47:39.680]  And when they see a lawsuit, they're gonna say, this guy's not kidding.
[01:47:39.680 --> 01:47:46.680]  Okay, should the letter be short and sweet, or should it be detailed?
[01:47:46.680 --> 01:47:49.680]  It should be detailed.
[01:47:49.680 --> 01:47:53.680]  Have you ever written a lawsuit before?
[01:47:53.680 --> 01:47:55.680]  No, I've only defended myself-
[01:47:55.680 --> 01:48:00.680]  Oh, Ken, that is such a good segue.
[01:48:00.680 --> 01:48:03.680]  Hey, exactly what I wanted to talk about.
[01:48:03.680 --> 01:48:06.680]  It's my first time.
[01:48:06.680 --> 01:48:11.680]  Okay, I'm gonna give you some basics and make it a lot easier.
[01:48:11.680 --> 01:48:16.680]  You're starting out the first time you've never written a lawsuit.
[01:48:16.680 --> 01:48:21.680]  And what we tend to do is start from the beginning.
[01:48:21.680 --> 01:48:27.680]  And that's backwards, because you really should start from the ending.
[01:48:27.680 --> 01:48:38.680]  You start from the last thing the judge will say to the jury.
[01:48:38.680 --> 01:48:50.680]  And what the last thing the judge will say to the jury is contained in a pattern jury charge.
[01:48:50.680 --> 01:48:57.680]  For most everything you can sue someone for, there's a pattern jury charge.
[01:48:57.680 --> 01:49:08.680]  And if what the judge is gonna say at the end of the day, you must find this.
[01:49:08.680 --> 01:49:12.680]  And he'll list the things that the jury must find.
[01:49:12.680 --> 01:49:22.680]  If you write a lawsuit and you make a claim under a cause of action, and I'll get to a cause of action in a minute.
[01:49:22.680 --> 01:49:32.680]  And you don't prove up every element of that cause of action, then the jury cannot rule in your favor.
[01:49:32.680 --> 01:49:42.680]  So the last thing the judge is gonna say to the jury, these are the elements that you must find that the plaintiff has proven.
[01:49:42.680 --> 01:49:48.680]  If you haven't proven all of these elements, then the jury cannot rule in your favor.
[01:49:48.680 --> 01:49:56.680]  If you have proven up elements that aren't in this list, you're wasting your time and the jury's time.
[01:49:56.680 --> 01:49:59.680]  So start out with a pattern jury charge.
[01:49:59.680 --> 01:50:07.680]  Now, here your claim is, again, is medical malpractice.
[01:50:07.680 --> 01:50:13.680]  There will be a cause of action for medical malpractice.
[01:50:13.680 --> 01:50:24.680]  If you're prosecuted in a criminal case, the cause of action is a violation of a specific statute.
[01:50:24.680 --> 01:50:29.680]  And each statute has certain elements that must be present.
[01:50:29.680 --> 01:50:41.680]  One element that's not written into the code, into the statute directly, is mens reus, an evil mind, culpable intent.
[01:50:41.680 --> 01:50:45.680]  That's an element, and then there are elements of each crime.
[01:50:45.680 --> 01:50:52.680]  If you sue in the civil, you don't just go in there and say, this dirty rotten scoundrel, he did this, that, and the other.
[01:50:52.680 --> 01:50:58.680]  You sue based on a defined cause of action.
[01:50:58.680 --> 01:51:05.680]  And the feds and every state have sets of defined causes of action.
[01:51:05.680 --> 01:51:16.680]  And in any kind of a medical malpractice suit, there's going to be a medical malpractice cause of action.
[01:51:16.680 --> 01:51:22.680]  And then there will be sub-causes of action in there for most anything you can find.
[01:51:22.680 --> 01:51:33.680]  So we do a search for foot surgery or whatever it was, and medical malpractice and causes of action.
[01:51:33.680 --> 01:51:38.680]  And you'll probably find a cause of action going to that particular issue.
[01:51:38.680 --> 01:51:42.680]  Get it as specific as you can.
[01:51:42.680 --> 01:51:49.680]  Well, I was looking at this from a state point of view, right? Not a federal point, this is a-
[01:51:49.680 --> 01:51:52.680]  Yes, yes, state. Malpractice will be state.
[01:51:52.680 --> 01:51:53.680]  Okay.
[01:51:53.680 --> 01:51:59.680]  So then you figure out what the causes of action you have available are, and you list all of those.
[01:51:59.680 --> 01:52:07.680]  So now you've got the causes of action and the pattern jury charges.
[01:52:07.680 --> 01:52:10.680]  Now you make up a story.
[01:52:10.680 --> 01:52:14.680]  You're going to tell them the story anyway, so make up your story.
[01:52:14.680 --> 01:52:24.680]  And then you go, once you get the story made up, then you go back to the story and you extract from the story statements of fact.
[01:52:24.680 --> 01:52:28.680]  The story will have fact and legal conclusion in it.
[01:52:28.680 --> 01:52:33.680]  He did this, what he did was wrongful, and I was harmed thereby.
[01:52:33.680 --> 01:52:35.680]  He did this is the fact.
[01:52:35.680 --> 01:52:36.680]  It was the-
[01:52:36.680 --> 01:52:37.680]  What he did-
[01:52:37.680 --> 01:52:38.680]  It was the-
[01:52:38.680 --> 01:52:39.680]  Wait, go ahead.
[01:52:39.680 --> 01:52:41.680]  It was a she.
[01:52:41.680 --> 01:52:43.680]  Okay, whatever.
[01:52:43.680 --> 01:52:51.680]  The person did this, and what they did was wrongful and I was harmed thereby.
[01:52:51.680 --> 01:52:54.680]  The only thing that's fact is what they did.
[01:52:54.680 --> 01:53:01.680]  So you create a statement of facts that follows your story.
[01:53:01.680 --> 01:53:16.680]  When there's an art to a statement of facts, you want the reader, when they read the facts, to make associations.
[01:53:16.680 --> 01:53:22.680]  Because your reader is going to try to read these facts in the context of the case.
[01:53:22.680 --> 01:53:30.680]  And you're putting in this fact so that they're going to want to figure out how that fact makes sense.
[01:53:30.680 --> 01:53:33.680]  But you can't put that in a statement of facts.
[01:53:33.680 --> 01:53:35.680]  You can't tell them how it makes sense.
[01:53:35.680 --> 01:53:37.680]  It's just a fact.
[01:53:37.680 --> 01:53:41.680]  So you write all your facts and then you go down them.
[01:53:41.680 --> 01:53:53.680]  Would a person, a reasonable person of ordinary prudence, read these facts and come to the conclusion I want him to come to?
[01:53:53.680 --> 01:53:58.680]  You don't have to include every fact that exists on planet Earth.
[01:53:58.680 --> 01:54:09.680]  You only have to include those facts that go to your particular argument with one caveat.
[01:54:09.680 --> 01:54:20.680]  If there is a negative fact, a fact that would tend to play against you, you need to list that.
[01:54:20.680 --> 01:54:32.680]  And when you get to your points and authorities, then you show why that negative fact doesn't apply.
[01:54:32.680 --> 01:54:38.680]  If you don't include it, and the other side does, it will sting you big time.
[01:54:38.680 --> 01:54:48.680]  So anything you know the other side is going to bring up, like, oh, I did a good job on his foot, but he went out and fell down the stairs.
[01:54:48.680 --> 01:54:51.680]  But now he's blaming me because he fell down the stairs.
[01:54:51.680 --> 01:54:56.680]  And you're going to say, I fell down the stairs because my foot collapsed.
[01:54:56.680 --> 01:55:02.680]  You can handle any negative things before they get a chance to.
[01:55:02.680 --> 01:55:05.680]  The first guy, he's got the upper hand.
[01:55:05.680 --> 01:55:09.680]  Whatever you say, the other side's going to have to overcome.
[01:55:09.680 --> 01:55:19.680]  So make a statement of facts so if somebody reads it, they'll stitch these facts together and come to the conclusions you want them to come to.
[01:55:19.680 --> 01:55:31.680]  Once you got the facts in, now you write a statement, I call it a statement of factual accusation, points and authorities.
[01:55:31.680 --> 01:55:50.680]  Now you take that statement of facts, drop it in your points and authorities section, and go write down those facts and explain why these facts are relevant, why they're important, and how they establish the issue you want to establish.
[01:55:50.680 --> 01:55:54.680]  That is a basic structure. Now, okay, I'm sorry, one more.
[01:55:54.680 --> 01:56:09.680]  Once you get that done, once you get the facts and the argument and support and your causes of action, now you go to the top and you create an introduction.
[01:56:09.680 --> 01:56:15.680]  You don't create the introduction first, you create it last.
[01:56:15.680 --> 01:56:34.680]  A lot of times when you're writing one of these documents, especially when you're doing points and authorities, when you're looking up case law to support your issues, a lot of times the case law will treat things in ways that you didn't expect.
[01:56:34.680 --> 01:56:45.680]  And you'll have to go back and change your story, change your arguments so that all of your arguments lead to your intended outcome.
[01:56:45.680 --> 01:56:51.680]  And so when you first start out, you're not sure exactly how this thing's going to arrange itself.
[01:56:51.680 --> 01:57:08.680]  So the first thing that needs to be in the document is this is what I'm going to prove so that when your reader reads the statement of facts, they read it from the context of what you're going to try to prove.
[01:57:08.680 --> 01:57:12.680]  But you don't do that first, you do that last.
[01:57:12.680 --> 01:57:21.680]  Once you have the whole suit mapped out, then you give them a short synopsis of the suit.
[01:57:21.680 --> 01:57:42.680]  Can I ask you a question? Do I have to get the second doctor that fixed the problem up? It was a rather simple thing. It was a cut and it went a little too deep. I bled about an hour later, I noticed it was bleeding.
[01:57:42.680 --> 01:57:52.680]  And then I went to my current doctor about, I think, a day later. I scheduled an appointment and he said, what happened?
[01:57:52.680 --> 01:58:03.680]  And I said, this is what happened. The reason I went to the first doctor has to do with the town. The town would not renew my handicap parking permit.
[01:58:03.680 --> 01:58:09.680]  So I had to go to a doctor that I'd gone to previously before. There was some kind of a problem between the current doctor and the previous one.
[01:58:09.680 --> 01:58:18.680]  But aside from that, I think I'm going to need some kind of a look. I think I should look at some similar taught letters, try to find one that's similar to what I'm doing.
[01:58:18.680 --> 01:58:25.680]  So I can, in addition to listening to this programing down, of course, so I can make sure I get...
[01:58:25.680 --> 01:58:28.680]  Okay, you kind of wandered all over the place there.
[01:58:28.680 --> 01:58:42.680]  Yeah, I'm sorry. It wasn't long between the time when the injury occurred and I went to another doctor. So the other doctor knows something happened.
[01:58:42.680 --> 01:58:49.680]  Okay, well, you have another doctor who can vouch for the fact that there was a problem with the...
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