ROL_2018-06-07_16k.timecode

[00:00.000 --> 00:29.520]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce.
[00:29.520 --> 00:34.800]  Silver $16.68 an ounce. Texas Crude $65.51 a barrel.
[00:34.800 --> 00:38.080]  Bitcoins at $6,902.19.
[00:38.080 --> 00:40.960]  Ethereum at $420.80.
[00:40.960 --> 00:43.880]  Bitcoin Cash at $652.90.
[00:43.880 --> 00:55.360]  And finally Litecoins at $114.34 a crypto coin.
[00:55.360 --> 01:02.600]  Today in History the year 1968 President Lyndon M. Johnson signs the Civil Rights Act of 1968
[01:02.600 --> 01:08.520]  which prohibited private businesses from discriminating based on race, color, religion, sex, or national origin.
[01:08.520 --> 01:14.360]  It also prohibited unequal application of voter registration requirements, racial segregation in public schools,
[01:14.360 --> 01:18.160]  in employment, and public accommodations for places of business.
[01:18.160 --> 01:23.840]  Today in History.
[01:23.840 --> 01:29.840]  In recent news, tensions in Syria seem to reach new levels after a chemical attack on civilians in the city of Douma,
[01:29.840 --> 01:31.840]  which left 40 dead and many injured.
[01:31.840 --> 01:36.560]  An attack which is being blamed on the democratically elected President of Syria, Bashar al-Assad,
[01:36.560 --> 01:39.280]  by the United States and on Israel by Russia.
[01:39.280 --> 01:43.120]  Either accusatory narrative without any verified evidence as of yet.
[01:43.120 --> 01:49.120]  President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and all missiles fired at Syria,
[01:49.120 --> 01:52.800]  get ready Russia because they will be coming in nice and new and smart.
[01:52.800 --> 01:58.480]  Going on to warn Russia that you shouldn't be partners with a gas-killing animal who kills his people and enjoys it.
[01:58.480 --> 02:06.480]  Many in the West including President Trump have been quick to conclude that this chemical attack must have been conducted by Assad and his forces.
[02:06.480 --> 02:12.960]  Syria and Russia, on the other hand, have given approval since yesterday for the organization for the prohibition of chemical weapons
[02:12.960 --> 02:15.600]  to investigate the side of the chemical slaughter.
[02:15.600 --> 02:20.240]  Assad has been successful in maintaining rule and support during Syria's seven-year civil war,
[02:20.240 --> 02:24.880]  a civil war that is being fought by the government of Syria and anti-Assad Syrian rebels
[02:24.880 --> 02:27.520]  that are openly being funded by Western governments,
[02:27.520 --> 02:32.320]  with ISIS being one of the more notorious splinter groups of the American-backed Syrian rebels.
[02:32.320 --> 02:37.840]  Now, surprise then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook
[02:37.840 --> 02:44.240]  that smart missiles should be fired at terrorists and not at a legitimate government, which has been fighting terrorists.
[02:44.240 --> 02:47.600]  Or is this a trick to destroy all traces with a smart missile strike?
[02:47.600 --> 02:50.800]  And then there will be no evidence for international inspectors to look at.
[03:18.400 --> 03:21.600]  Tell me, what's she gonna do?
[03:21.600 --> 03:23.600]  What's she gonna do?
[03:25.600 --> 03:29.600]  Yeah, bad boys, bad boys, what's she gonna do?
[03:29.600 --> 03:31.600]  What's she gonna do when they come for you?
[03:31.600 --> 03:35.600]  Bad boys, bad boys, what's she gonna do?
[03:35.600 --> 03:37.600]  What's she gonna do when they come for you?
[03:37.600 --> 03:43.600]  When you were eight and you had bad traits, you go to school to learn the golden rules.
[03:43.600 --> 03:47.600]  So why are you acting like a fluffy fool if you still get hot?
[03:47.600 --> 03:50.600]  Think you're much just cool, bad boys, bad boys.
[03:50.600 --> 03:51.600]  What's she gonna do?
[03:51.600 --> 03:53.600]  What's she gonna do when they come for you?
[03:53.600 --> 04:03.600]  Okay, Howdy, Howdy, Randy Kelkin, Deborah Stevens, Real Law Radio on this Thursday, the 7th day of June, 2018.
[04:03.600 --> 04:07.600]  And we'll start out, we've got a little bit of crowing to do.
[04:07.600 --> 04:17.600]  If you've been listening regularly, you've heard Tim on talking about this issue he's having with a local municipality.
[04:17.600 --> 04:25.600]  Where he was accused of having eight junk vehicles.
[04:25.600 --> 04:38.600]  And they want to charge him $200 a piece, well, the maximum they could charge him the way they originally prosecuted him was $200 a piece.
[04:38.600 --> 04:45.600]  And then when he got into court, they switched the trial from a criminal trial to an administrative procedure
[04:45.600 --> 04:58.600]  and wound up charging him $2,000 a piece and they did that specifically because he didn't plead guilty and decided to fight the case.
[04:58.600 --> 05:10.600]  And this happened, this went about pretty much like most of the cases where people stand up to public officials.
[05:10.600 --> 05:19.600]  They did everything they could to railroad Tim.
[05:19.600 --> 05:26.600]  They pulled every Shister shenanigans they just completely ignored law.
[05:26.600 --> 05:34.600]  They sued him and as soon as the trial was over, they sued him or he didn't know the trial was over.
[05:34.600 --> 05:43.600]  They were supposed to just be an administrative determination and the judge was supposed to go back and have a jury trial.
[05:43.600 --> 05:57.600]  They denied the jury trial and skipped all the pesky formalities and just went straight to a district court suit to try to collect $80,000 from it.
[05:57.600 --> 06:16.600]  And the judge in the district court denied every single thing that Tim filed approved everything the other side filed and they were doing everything they can to dismiss everything before he got to a trial.
[06:16.600 --> 06:18.600]  They're trying to avoid him a trial.
[06:18.600 --> 06:24.600]  And we were at the point where they just about had everything done.
[06:24.600 --> 06:30.600]  But we filed a petition for a writ of mandamus.
[06:30.600 --> 06:45.600]  We maintained from the beginning that the city who filed the suit in the district court lacked standing to invoke the subject matter jurisdiction as a district court.
[06:45.600 --> 06:51.600]  And judge took one look at it, dismissed it with prejudice, dismissed his arguments with prejudice.
[06:51.600 --> 06:58.600]  Out of hand, we requested findings of facts and conclusions that law and the judge refused to provide it.
[06:58.600 --> 07:06.600]  So we filed criminal charges against the judge and there have been two more of those and we'll be filing two more criminal charges against him.
[07:06.600 --> 07:13.600]  So they were doing everything they could, just totally ignored everything.
[07:13.600 --> 07:29.600]  We filed a petition for a writ of mandamus asking the court of appeals to rule that the judge acted without subject matter jurisdiction and to dismiss the case.
[07:29.600 --> 07:47.600]  Well, everything we've done had been ignored up until then, just Wednesday, yesterday, we got a notice from the court of criminal appeals.
[07:47.600 --> 08:10.600]  They ordered the judge to file an answer by the 15th, said they had a serious concern about the remedy sought and ordered the judge to respond to our motion for petition for writ of mandamus.
[08:10.600 --> 08:29.600]  By the 15th was given about 10 days and then gave us five days after that to file a response but gave notice that they may issue an answer before we had a chance to respond to their answer.
[08:29.600 --> 08:48.600]  And from the wording of this ruling, it sounded like the court of appeals was very unhappy and we were warned that petitions for writ of mandamus only get picked up about 15% of the time.
[08:48.600 --> 08:59.600]  Most of the time, of course, just deny them out of hand and pick this one up and then most of the ones that do get picked up get denied.
[08:59.600 --> 09:06.600]  So we really beat the odds. We got the court to step in.
[09:06.600 --> 09:33.600]  But apparently more than just step in from the reading of this because part of our accusations against the judge was that he rendered arbitrary capricious rulings with no explanation at all about why he rendered the rulings even though the law commanded him to do it or the rules of court commanded him to provide us with these findings of fact.
[09:33.600 --> 09:51.600]  He didn't bother the law, the way we read the code, the law commanded him to do this and he just acted as if the law didn't apply to him and seemed to be under this impression that it just didn't make any difference what we did.
[09:51.600 --> 09:55.600]  It didn't make any difference what the law commanded him to do.
[09:55.600 --> 10:03.600]  He pretty well did whatever he wanted to. Well, it may turn out that that is not the case.
[10:03.600 --> 10:30.600]  It may actually turn out that at some level of law the law applies and we go back to Dr. Graves in jurisdictionary. He teaches us never to expect to win in the trial court and this is what I've been telling Tim and his wife Laura the whole time and they were getting pretty desperate.
[10:30.600 --> 10:45.600]  These guys are coming after him for a lot of money and it's clear that the whole process was retaliation and they're afraid to lose everything and that was exactly what the city intended.
[10:45.600 --> 10:56.600]  The mayor told one of the city council members that they were going after Tim and Laura to teach them a lesson.
[10:56.600 --> 11:13.600]  I guess some lessons may be learned but I don't think it's going to be the one that the city and New York attended and so far it seems to be bearing out what we have said all along.
[11:13.600 --> 11:31.600]  It is never expect to win in the trial court. Always expect to win in the court of appeals but never expecting to win in the trial court. Everything you do in the trial court is about setting the record for appeal.
[11:31.600 --> 11:49.600]  We sent a notice to this to Ken Magnuson who works with me a lot. He worked with us on this case and sent back a response that said that this only worked because we set the record.
[11:49.600 --> 12:00.600]  We found these motions and pleadings and they just blow them off and you feel like they're just screwing you over.
[12:00.600 --> 12:04.600]  But what they apparently don't understand is you're setting the record.
[12:04.600 --> 12:14.600]  So at the end of the day you don't care what they do and I don't know how many times I had told this to Tim and Laura and they were justified and terrified but they held in there.
[12:14.600 --> 12:19.600]  They didn't stop. They didn't back up. They came right after them.
[12:19.600 --> 12:36.600]  And this one was well deserved. Win so far and if they win this one then everything this judges done gets thrown out. The city's case gets thrown out.
[12:36.600 --> 12:54.600]  But the problem the city has is that the city sued without subject manager jurisdiction. Tim and Laura counter sued but in their counter sued they did have subject manager jurisdiction.
[12:54.600 --> 13:11.600]  So the rulings that throughout the counter suit are now out the window and if we get the ruling we expect the city's case will be dismissed but Tim and Laura's case won't.
[13:11.600 --> 13:34.600]  It will be reinvigorated and the fact where we filed the term involved or filed the claim against the city alleging that the city lacked subject manager jurisdiction and asked for damages from the city because of their action.
[13:34.600 --> 13:46.600]  So their case gets thrown out that means that the claim we made that their suit without jurisdiction subject manager jurisdiction was valid.
[13:46.600 --> 14:01.600]  It becomes riskier to Cota cannot be we visited by the trial court. Now the trial court is left with our claims against the other side.
[14:01.600 --> 14:17.600]  It'll be interesting to see how the trial judge after he gets whacked pretty good deals with these and we just had a hearing with judge Evans and administrative judge of the district on a motion to recuse the judge.
[14:17.600 --> 14:40.600]  And he decided that nothing the judge did would give the impression. And then we got the Monday the ruling from Evans on last Friday the next Wednesday we get the court of appeals picking up our mandamus.
[14:40.600 --> 14:54.600]  If they ruled that the judge never had jurisdiction in the first place. Then we go back after Evans and this gives us good evidence to show that Evans is acting improperly.
[14:54.600 --> 15:18.600]  And we see if we can't get evidence removed. Nice win. Righteous win. One of those situations where no matter what you do it seems like the other side just does the judge the court and the other side since your pro say they just do not care.
[15:18.600 --> 15:35.600]  So after hanging in there for almost a year for a little over a year actually and having this city trying to take their livelihood away from to have this win come back it was just it was phenomenal.
[15:35.600 --> 15:49.600]  Now this worm gets to turn in the town and lower I get to go back after these guys as soon as they come in after Tim and Laura. And the one thing I've you know they said they're exhausted.
[15:49.600 --> 16:05.600]  It's just mentally exhausted. And that's one thing I kept telling I know. And that's exactly what they expect is this to be exhausted and emotionally draining and all you want is for this to go away.
[16:05.600 --> 16:20.600]  So even when when they lose people who they've done this to just don't have the strength time or money to go back after them. But Tim and Laura does.
[16:20.600 --> 16:37.600]  So the fights just getting started and what they're going to find out now is when you're the one picking the fight when you're the one in the lead it's a whole other animal. It's not near so stressful and it's a lot more fun.
[16:37.600 --> 17:03.600]  Randy Kelton, Denver Stevens, we love radio. I got the call page turned on. So if you have a question or comment, give us a call or call in number 512-646-1984. We'll be right back.
[17:03.600 --> 17:18.600]  It's the 2018 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas Gun Works. Go to logosradionetwork.com and enter to win. Every $25 donation is a chance to win.
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[19:56.600 --> 20:12.600]  Okay, we are back. Randy Kelton, Deborah Stevens, ruleoflawradio, and we've got Tim on. Hello, Tim. Jeff, Brad, I see you guys there. We'll get to you.
[20:12.600 --> 20:17.600]  Okay, are you feeling better today, Tim?
[20:17.600 --> 20:26.600]  You know, I was feeling pretty good, and then things kind of got in my personal life. I had some issues, you know, running out of time and stuff.
[20:26.600 --> 20:31.600]  Oh, yeah, and I got to tell everybody, I saved Tim's life today.
[20:31.600 --> 20:39.600]  Yeah, I went to his house before this hearing and saw his wife walking down the road, so I went down picked her up.
[20:39.600 --> 20:50.600]  She's going to pick up a skid loader, and I drove her down there and it wouldn't crank. If lower had walked all the way down to get this thing,
[20:50.600 --> 20:57.600]  and then got there and the battery was dead and had to walk all the way home, Tim would not have survived.
[20:57.600 --> 20:59.600]  Right.
[20:59.600 --> 21:03.600]  Okay, go ahead. I'm having fun at your expense.
[21:03.600 --> 21:10.600]  Right. We just got the trailer unloaded. That was fun. Trying to get all that equipment off there, but we did.
[21:10.600 --> 21:22.600]  We're ready for another day, but the thing with the hearing today was that they seemed to be just really cool and calm and collected and had it all together and were prepared for me.
[21:22.600 --> 21:36.600]  And just, you know, had, I guess I had turned in the paperwork for the motions two days ago, and the attorney, the prosecuting attorney, immediately stood up and said,
[21:36.600 --> 21:52.600]  Your Honor, it has to be a week in advance, and he said, Sounds like good law to me. You know, and so what do you want to do there? And at first he wanted to argue the motions, and I was like, Well, no, I don't really want to argue them,
[21:52.600 --> 22:03.600]  and they speak for themselves. And he's like, Well, no, let me tell you how court works. He says, You argued for the motions, and then she tries to keep the motion from getting entered.
[22:03.600 --> 22:15.600]  Is that clear? And I'm like, Well, yeah, I understand what you're saying, but I'm not going to try to argue a legal case with somebody.
[22:15.600 --> 22:27.600]  I ain't been at this very long, you know, but this document speaks for themselves. So anyway, he was nice enough to give me more time so that they could answer the motions, I guess.
[22:27.600 --> 22:38.600]  And he'll probably want me to argue them again, but by then I think we're going to have some more motions for him and some more.
[22:38.600 --> 22:48.600]  One of them will be an objection to oral argument and request that the judge enter the rulings on the pleadings.
[22:48.600 --> 22:56.600]  I was sitting there thinking to myself, isn't it his job to see that justice is done?
[22:56.600 --> 23:12.600]  Absolutely, it is. And what he said to you was simply not true. And we will buy that. Well, actually, Tim, in this case, has an affirmative defense to prosecution.
[23:12.600 --> 23:25.600]  But not time to file it yet because they hadn't finished screwing up. The judge sat there on the bench and lied to Tim about the nature of the law.
[23:25.600 --> 23:39.600]  And he did so on the record. And the prosecuting attorney did not correct the judge, which he had a duty to do under the American Bar Association standards for the prosecution function.
[23:39.600 --> 23:59.600]  So we'll grieve the prosecutor a couple of times. The judicial conduct complained to the judge. And when they get toward the end of the case, even if it's after the case is over, we'll move to disqualify the judge for judicial incompetence.
[23:59.600 --> 24:09.600]  And by then, we're likely to have a...couldn't understand that.
[24:09.600 --> 24:14.600]  I said, will that have to go before the district judge? Will it have to go to court?
[24:14.600 --> 24:26.600]  No, this case never gets before the district judge. The municipal case will never get to the district judge. It'll go to the county judge on appeal and then go to the court of appeals.
[24:26.600 --> 24:36.600]  But we're arguing in this one, I'm trying to think if I already have that argument before them, is we're arguing residue de Cota.
[24:36.600 --> 24:45.600]  That in the original case, the original time, one of these, this vehicle is one of the ones they accused of being jumped prior.
[24:45.600 --> 25:00.600]  And this one's absolutely not. And it's in their pleadings, evidence that it's not, because one of the requirements to declare a vehicle, to meet the junk vehicle standards, is it not be licensed while this one was.
[25:00.600 --> 25:13.600]  And it's in the complaint that it's licensed. So it clearly does not meet the requirements of the court. So that's an affirmative defense.
[25:13.600 --> 25:25.600]  So at any time he can follow the affirmative defense, and they would technically have to dismiss it, but this court will not follow any law.
[25:25.600 --> 25:30.600]  So we're letting them make as many mistakes as they can.
[25:30.600 --> 25:44.600]  So we'll see who gets taught a lesson before this is over. I said in this court today, and they had a traffic, one of those pretrial hearings for traffic.
[25:44.600 --> 25:56.600]  And they declared themselves a court of record while I put in a request for the recording for all of the traffic issues before the court that day.
[25:56.600 --> 26:04.600]  But they weren't recording anything. So good luck guys.
[26:04.600 --> 26:12.600]  They wanted to turn the heat up on Tim. We'll see if we can't turn the heat up on these guys.
[26:12.600 --> 26:29.600]  That makes that 42 counts, the 42 people they called in besides Tim, for a hearing and then didn't record it in a court of record.
[26:29.600 --> 26:38.600]  So we'll file 42 criminal charges against the judge and the prosecutor for those. See how that works out for them.
[26:38.600 --> 26:46.600]  And I'm looking at getting my, I gotta do a little work on my traffic site to get it back working right.
[26:46.600 --> 26:51.600]  We'll set it up just for the city of Newark.
[26:51.600 --> 26:57.600]  Contact everybody that gets a ticket in Newark and send them to this traffic site.
[26:57.600 --> 27:02.600]  We'll see if we can't shut down traffic enforcement in Newark.
[27:02.600 --> 27:09.600]  These guys want to play hardball. Maybe it's our turn to introduce them to the deep end of the pool.
[27:09.600 --> 27:12.600]  Okay, go ahead. I bushwhacked you, Tim.
[27:12.600 --> 27:19.600]  No, that's okay. Basically what we were talking about, just how that they kind of do what they want.
[27:19.600 --> 27:22.600]  This is all, like I said, it's all new to me.
[27:22.600 --> 27:28.600]  And, you know, I argued about, you know, was this an arraignment?
[27:28.600 --> 27:32.600]  And he basically, he said, well, read it. Read what it says.
[27:32.600 --> 27:38.600]  And I read it to him and like the third time and he says, well, then no, this is not an arraignment.
[27:38.600 --> 27:42.600]  I said, well, what is it? He said, it's a pre-trial hearing.
[27:42.600 --> 27:44.600]  I said, but I've already had a pre-trial hearing.
[27:44.600 --> 27:48.600]  He said, well, I can have as many pre-trial hearings as I want.
[27:48.600 --> 27:53.600]  He says, I just didn't feel like you were confident in your plea.
[27:53.600 --> 27:59.600]  I said, you didn't? I said, I wrote it down. I signed my name. You gave me a copy.
[27:59.600 --> 28:03.600]  It said I wanted a jury trial and you're writing.
[28:03.600 --> 28:09.600]  So I don't know, I don't know what to take of something like that.
[28:09.600 --> 28:12.600]  It's just, they're not used to people arguing with them.
[28:12.600 --> 28:18.600]  They're used to people going up there and saying, oh, thank you so much, sir, that you only find me $200.
[28:18.600 --> 28:22.600]  And you're giving me 10 days to pay this out, sir. Thank you so much.
[28:22.600 --> 28:27.600]  Oh, and I will go to jail if I don't pay it. I understand. Oh, thank you so much, sir.
[28:27.600 --> 28:33.600]  You know, they're not used to somebody coming up and going, I'm innocent.
[28:33.600 --> 28:38.600]  Yeah, they think, you know, who the heck do you think you are?
[28:38.600 --> 28:42.600]  And actually taking him to task on law.
[28:42.600 --> 28:47.600]  We have made this argument in his court before that he didn't have authority
[28:47.600 --> 28:53.600]  to order you to come to court for an arraignment because it's a classy misdemeanor.
[28:53.600 --> 29:04.600]  And in an arraignment, everything in 28.01 where the judges authorized to summon someone to court
[29:04.600 --> 29:09.600]  has to do with a motion or a pleading file before the court, but they didn't have any.
[29:09.600 --> 29:15.600]  Where I screwed up today, I forgot to ask him, what law was he using to do that?
[29:15.600 --> 29:18.600]  That's what I was hoping you would ask.
[29:18.600 --> 29:21.600]  And I've messed up.
[29:21.600 --> 29:27.600]  No, you didn't. You got him to say it was to redo the arraignment.
[29:27.600 --> 29:33.600]  He knew where you were going and he did not want to go there.
[29:33.600 --> 29:39.600]  But his problem is now he's on record and he's already said it and it said it on the record.
[29:39.600 --> 29:42.600]  Now he can't get it back.
[29:42.600 --> 29:45.600]  Okay, hang on. About to go to break.
[29:45.600 --> 29:51.600]  Randy Kelton, Deborah Stevens, rule of law radio. We'll be right back.
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[33:32.600 --> 33:56.600]  When you're gonna stop abuse, you're gonna have a power.
[33:56.600 --> 34:09.600]  When you're gonna stop abuse, you're gonna have a power.
[34:09.600 --> 34:16.600]  Okay, we are back. Randy Kelton, Randy Kelton, Deborah Stevens, Roodle Law Radio on this
[34:16.600 --> 34:26.600]  Thursday, the 7th day of June 2018, and we're talking to Tim in Texas.
[34:26.600 --> 34:33.600]  We're getting to do a little bit of crowing because we got what appears to be an intermediate win.
[34:33.600 --> 34:40.600]  And Tim, you were saying how the judge instructed you that this is how it works.
[34:40.600 --> 34:48.600]  You follow motion, and then you have to come in and argue the motion, and then the prosecutor gets to argue his side.
[34:48.600 --> 34:56.600]  And then the judge decides based on your argument, and you're saying, no, I don't.
[34:56.600 --> 35:05.600]  And Deborah on the break made a really good point when he said, when he asked you if you understand, you tell him absolutely not.
[35:05.600 --> 35:08.600]  I do not understand what you're talking about.
[35:08.600 --> 35:12.600]  It certainly seems to contradict law.
[35:12.600 --> 35:15.600]  So, no, I don't understand what you're talking about.
[35:15.600 --> 35:24.600]  Yeah, I was gonna ask if he was actually quoting law, but, you know, I lost it on the spot there, you know.
[35:24.600 --> 35:30.600]  He was putting me on the spot, but he did something that was sleight of hand.
[35:30.600 --> 35:38.600]  He said that he had me in there to make sure that my plea was proper. Well, he didn't ask me to plea again.
[35:38.600 --> 35:48.600]  Yeah, he knew he was stuck, that you asked him the right question, and he didn't have a way to answer it.
[35:48.600 --> 36:06.600]  He knew you were referring to 28.01, and that 28.01 only authorizes him to submit to someone for an arraignment or for a hearing related to motions, and there were no motions.
[36:06.600 --> 36:14.600]  And he'd already had an arraignment, so he's doing a little shucking and jiving to get around the spot that you put him in.
[36:14.600 --> 36:19.600]  His problem is, unlike the traffic cases, his is on the record.
[36:19.600 --> 36:25.600]  Well, he set me up for June the 7th on April the 5th.
[36:25.600 --> 36:29.600]  Yeah, and there was nothing filed with the court, so we're saying he had no power.
[36:29.600 --> 36:36.600]  We're gonna put together a securing and executing a document by deception.
[36:36.600 --> 36:43.600]  We're gonna maintain he had no authority to issue this amina.
[36:43.600 --> 36:44.600]  Right.
[36:44.600 --> 36:48.600]  But you were issued a notice to appear that in effect is a subpoena.
[36:48.600 --> 36:53.600]  You were issued a notice on threat of arrest if you didn't appear.
[36:53.600 --> 36:54.600]  Right.
[36:54.600 --> 36:57.600]  But he didn't have power to do that.
[36:57.600 --> 37:02.600]  I read that as official oppression, and securing and executing a document by deception.
[37:02.600 --> 37:05.600]  I think that one's a felony.
[37:05.600 --> 37:07.600]  So we filed that against him.
[37:07.600 --> 37:12.600]  You want to take that to the grand jury?
[37:12.600 --> 37:13.600]  Yes.
[37:13.600 --> 37:21.600]  And let a grand jury decide what they think rather than the local county court.
[37:21.600 --> 37:22.600]  Okay.
[37:22.600 --> 37:24.600]  We try to bring someone else in.
[37:24.600 --> 37:27.600]  That's what happened when we brought in the Court of Appeals.
[37:27.600 --> 37:33.600]  The Court of Appeals is not a group that they have in their back pocket.
[37:33.600 --> 37:34.600]  Right.
[37:34.600 --> 37:40.600]  So once you get it out of the county, and I'm thinking what the Court of Appeals filed,
[37:40.600 --> 37:42.600]  it sounds pretty ugly.
[37:42.600 --> 37:51.600]  And this is a small county, and it doesn't carry much political weight.
[37:51.600 --> 37:59.600]  Unlike a district judge in Tarrant or Dallas County, one of the major metropolitan areas.
[37:59.600 --> 38:01.600]  This one's out in Podunk, Texas.
[38:01.600 --> 38:03.600]  They don't carry much political weight.
[38:03.600 --> 38:13.600]  And the Court may be using this judge on the fringes to give notice to the judges in the major metropolitan area,
[38:13.600 --> 38:18.600]  so that these judges don't have to go after them.
[38:18.600 --> 38:25.600]  Effectively, it sounds like they're using this judge for cannon fodder.
[38:25.600 --> 38:30.600]  And that could not be more helpful to our case.
[38:30.600 --> 38:32.600]  There's not anything I could think of.
[38:32.600 --> 38:40.600]  If the local judge feels like he's being used for cannon fodder, wonderful.
[38:40.600 --> 38:42.600]  That's exactly what we want him to think.
[38:42.600 --> 38:45.600]  We want him to feel vulnerable.
[38:45.600 --> 38:55.600]  And based on his absolute arrogance and caprice, I would like to say I'm going to fly on the wall
[38:55.600 --> 39:01.600]  when he got this notice from the Court of Appeals to respond to him.
[39:01.600 --> 39:05.600]  My guess is he's not going to respond.
[39:05.600 --> 39:09.600]  Well, that would be probably better for him, right?
[39:09.600 --> 39:11.600]  Yes.
[39:11.600 --> 39:14.600]  Then he doesn't lie to the Court of Appeals.
[39:14.600 --> 39:23.600]  He doesn't try to send some ignorant law to the Court of Appeals that don't get the Court of Appeals to come back at him.
[39:23.600 --> 39:29.600]  He can do that stuff to a pro-Sahabitigan, but he can't do that to the Court of Appeals.
[39:29.600 --> 39:31.600]  Well, I have a question for you.
[39:31.600 --> 39:41.600]  Since we were talking about why do these cities go after people when they know they're misapplying the law like they did on this truck,
[39:41.600 --> 39:45.600]  it's clearly it has the first thing they look for on a vehicle,
[39:45.600 --> 39:51.600]  whether it's on public or private property, is whether or not it is registered or has license plate.
[39:51.600 --> 40:01.600]  If it doesn't, then they go to the next thing which has to have either one or have two of the three things.
[40:01.600 --> 40:09.600]  Either it's unlicensed and it's wrecked or it's unlicensed and it's inoperable.
[40:09.600 --> 40:14.600]  Wait a minute. It's unlicensed or it's dismantled or partially dismantled.
[40:14.600 --> 40:15.600]  Yeah, wrecked.
[40:15.600 --> 40:17.600]  Or it's inoperable.
[40:17.600 --> 40:25.600]  It can be banged up, but if it's still operable and it's still all together,
[40:25.600 --> 40:34.600]  then if I have a car that I like to take down to the demo derby and try to bash in all these other cars,
[40:34.600 --> 40:37.600]  they're still driving on a scrap plate so I can drive it home.
[40:37.600 --> 40:38.600]  Right.
[40:38.600 --> 40:46.600]  It can be all beat up all it wants to, but if it's got plates on it and it's not dismantled, there's no presumption.
[40:46.600 --> 40:58.600]  It can be with plates on your property. It has to be without plates or and wrecked, dismantled or inoperable.
[40:58.600 --> 41:01.600]  It can't just be one of those, any of those.
[41:01.600 --> 41:09.600]  So just because the vehicle is unlicensed, it can still be operable and there's nothing wrong with that and they're misapplying the law.
[41:09.600 --> 41:13.600]  Yeah, and in his complaint on this one,
[41:13.600 --> 41:19.600]  the complaint states that the vehicle was plated.
[41:19.600 --> 41:21.600]  Yeah, so that's what confuses me.
[41:21.600 --> 41:29.600]  Now, one thing that Laura listened to the recording when the attorney and prosecutor called us a month or so ago,
[41:29.600 --> 41:39.600]  and she said that this was a civil, no, this was on hazard, hearing on hazard or safety.
[41:39.600 --> 41:45.600]  So it's like they're trying to do the same thing on this, but in the paperwork, it says junk vehicle.
[41:45.600 --> 41:47.600]  It doesn't say help or safety hazard.
[41:47.600 --> 41:48.600]  Yeah.
[41:48.600 --> 41:51.600]  It has to say that in writing, doesn't it?
[41:51.600 --> 41:56.600]  Yes, it does. And they can't do it in a municipality.
[41:56.600 --> 41:58.600]  They can.
[41:58.600 --> 42:03.600]  Originally last year, the judge and the prosecutor obviously had it in their heads.
[42:03.600 --> 42:09.600]  We're going to go after him for health and safety hazard because it never said it in writing.
[42:09.600 --> 42:13.600]  And I never said anything about health and safety hazard.
[42:13.600 --> 42:20.600]  They said that and the judge had to correct the prosecuting attorney about health and safety hazard,
[42:20.600 --> 42:26.600]  knowing that it was going to raise it from 200 maximum of vehicle to 2,000 maximum of vehicle.
[42:26.600 --> 42:30.600]  And that's where they got me and that right there ought to be criminal.
[42:30.600 --> 42:32.600]  It is criminal.
[42:32.600 --> 42:35.600]  Well, I want to go after him.
[42:35.600 --> 42:43.600]  Well, the point I was trying to make is they filed a criminal accusation against you.
[42:43.600 --> 42:44.600]  Yes.
[42:44.600 --> 42:49.600]  And the criminal accusation carries a maximum penalty of $200.
[42:49.600 --> 42:59.600]  And there is a civil adjudication they could do through the city council that could raise it to $2,000.
[42:59.600 --> 43:03.600]  But they didn't file it as an administrative procedure.
[43:03.600 --> 43:05.600]  They filed it as a criminal procedure.
[43:05.600 --> 43:11.600]  Right. They would have had to show me in writing that they were switching it.
[43:11.600 --> 43:13.600]  And then I would have had to sign off on that.
[43:13.600 --> 43:14.600]  Is that correct?
[43:14.600 --> 43:16.600]  No, they couldn't switch it.
[43:16.600 --> 43:19.600]  They would have had to dismiss the criminal case.
[43:19.600 --> 43:20.600]  Okay.
[43:20.600 --> 43:22.600]  And then come to me.
[43:22.600 --> 43:30.600]  And the board of governors could then subpoena you to an administrative procedure.
[43:30.600 --> 43:35.600]  It appears as though the lawyers don't understand the law themselves.
[43:35.600 --> 43:38.600]  And they're just doing whatever they want to.
[43:38.600 --> 43:39.600]  Okay.
[43:39.600 --> 43:41.600]  We're about to go to break.
[43:41.600 --> 43:46.600]  Tim, I want to talk about this tomorrow night on the Friday night show where we'll have more time.
[43:46.600 --> 43:48.600]  We've got three more callers.
[43:48.600 --> 43:50.600]  So we're about to go to break.
[43:50.600 --> 43:55.600]  Let's see. It is not quite the 12th of the hour, but we're kind of running out of time.
[43:55.600 --> 44:21.600]  Hang on. We'll be right back.
[44:25.600 --> 44:48.600]  Thank you.
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[46:21.600 --> 46:30.600]  Okay, we are back.
[46:30.600 --> 46:36.600]  Randy Kelton, Deborah Stevens, rule of law radio on this, the seventh day of June, 2018.
[46:36.600 --> 46:39.600]  And we're talking to Tim in Texas.
[46:39.600 --> 46:43.600]  Okay, Tim, I'm going to call Vickie on this tomorrow night.
[46:43.600 --> 46:48.600]  I want to go over this tomorrow night on the Friday night show where we'll have more time.
[46:48.600 --> 46:51.600]  But so far so good.
[46:51.600 --> 47:00.600]  And here we could have filed a motion for dismiss based on a affirmative defense.
[47:00.600 --> 47:06.600]  But goes back to our rule, never interfere with someone when they're screwing up.
[47:06.600 --> 47:09.600]  So they hadn't screwed up enough.
[47:09.600 --> 47:17.600]  So now in between now and when he sets the trial for hearing for the hearing for trial and the case for trial or whatever.
[47:17.600 --> 47:23.600]  We're filing bar grievances, judicial conduct complaints, criminal complaints.
[47:23.600 --> 47:26.600]  We'll see if we can't raise the bar for them.
[47:26.600 --> 47:29.600]  Okay, thank you, Tim.
[47:29.600 --> 47:35.600]  Now we're going to go to Jeff in Mississippi. Hello, Jeff.
[47:35.600 --> 47:37.600]  Hey, Randy, thanks for having me on.
[47:37.600 --> 47:41.600]  Glad to have you. What do you have for us today?
[47:41.600 --> 47:54.600]  Well, to catch the listener, I was terminated from my truck driving job and I want to file a civil discrimination suit against them.
[47:54.600 --> 48:04.600]  So I am trying to write my own complaint in order to get discovery because they're refusing to send me a bunch of paperwork.
[48:04.600 --> 48:17.600]  So I was looking at going to get your opinion of filing a declaratory suit against them just to get my discovery.
[48:17.600 --> 48:20.600]  That's probably a pretty good strategy.
[48:20.600 --> 48:23.600]  Okay, because I can't.
[48:23.600 --> 48:39.600]  What would be the nature of the declaratory judgment suit? Is a suit for the purpose of determining the rights of the parties?
[48:39.600 --> 48:45.600]  And so far every time I filed one, it seemed that the lawyer on the other side had no idea of what it was.
[48:45.600 --> 48:52.600]  So what right do you want the court to rule on?
[48:52.600 --> 48:56.600]  Well, I don't know. So we've got two different issues going on.
[48:56.600 --> 49:11.600]  I had a hernia operation come up and then I was mysteriously fired from my trucking company without cause right before the surgery so they didn't have to pay for the surgery or for my short-term disability.
[49:11.600 --> 49:16.600]  This sounds like right to work issue.
[49:16.600 --> 49:23.600]  It is about disability. Do you have unions in, is this Indiana or Ohio?
[49:23.600 --> 49:26.600]  It's in Iowa. It's a right to work state.
[49:26.600 --> 49:35.600]  Iowa. It's a right to work state. Then you have a right to work. Then that's your petition for declaratory adjustment.
[49:35.600 --> 49:48.600]  I'm sorry, it's an at-will state, which means they can fire you unless you're being discriminated against because of your disability, the American with Disabilities Act.
[49:48.600 --> 49:57.600]  So we need to craft a question that falls within the scope of that right.
[49:57.600 --> 50:04.600]  So you have a right to be free from wrongful termination.
[50:04.600 --> 50:30.600]  So question might be, was my termination wrongful where the termination was because you had a medical issue and the company was trying to avoid the claim against their insurance for your medical issue?
[50:30.600 --> 50:35.600]  I take it you had medical benefits with the company?
[50:35.600 --> 50:45.600]  Yes. Now, I don't have proof that they fired me due to the hernia. The only proof that I have is right before my doctor's appointment I was terminated.
[50:45.600 --> 50:50.600]  I was given a letter of termination that did not state cause.
[50:50.600 --> 50:59.600]  Well, you can't prove this without the records of the trucking company.
[50:59.600 --> 51:00.600]  True.
[51:00.600 --> 51:17.600]  So you claim, you make the claim that they fired you to prevent, okay, when they fired you did your, the insurance that you have, did it terminate or did it pay for the operation?
[51:17.600 --> 51:19.600]  No, it didn't. I had to get on Medicaid.
[51:19.600 --> 51:30.600]  Okay, so that's your claim. They fired you for the specific reason to keep this from becoming a claim against your insurance, their insurance.
[51:30.600 --> 51:36.600]  And based on that, you have reason to believe that they do this to everyone.
[51:36.600 --> 51:49.600]  So now you want to see the records of all the people who have been terminated in the last year and then check with those to see if those had any pending medical issues.
[51:49.600 --> 52:03.600]  That could be your wrongful terminate that your declaratory adjustment suit claiming that they wrongfully terminated you for the purpose of denying you medical insurance.
[52:03.600 --> 52:07.600]  I take it you paid for part of this medical insurance.
[52:07.600 --> 52:22.600]  Yeah, I paid for it out of my check every week. They did give me $180 back and I guess that was the money that I paid into every week.
[52:22.600 --> 52:27.600]  Well, so that, who gave you the money back?
[52:27.600 --> 52:30.600]  My trucking company did.
[52:30.600 --> 52:33.600]  Not the insurance company.
[52:33.600 --> 52:39.600]  You need to sue the insurance company as well.
[52:39.600 --> 52:41.600]  Okay.
[52:41.600 --> 52:49.600]  The trucking company, was the trucking company the insurance carrier or did they have an insurance company?
[52:49.600 --> 52:53.600]  I want to say it's, I know I think it's Cisco or UNO.
[52:53.600 --> 53:04.600]  Okay, they had your insurance company. The insurance company was liable to you because you were paying it. So they fire you and give your money back that you paid into the insurance company.
[53:04.600 --> 53:12.600]  That almost demonstrates that their purpose was to avoid the insurance claim.
[53:12.600 --> 53:14.600]  Okay.
[53:14.600 --> 53:24.600]  That's plenty of probable cause. So you petitioned for declaratory adjustment and claimed that you had a right to insurance that you had paid for.
[53:24.600 --> 53:36.600]  And their wrongful termination and returning of your premiums did not relieve the company of their obligation to cover your claim.
[53:36.600 --> 53:41.600]  You might also, since you went on Medicare, you might talk to government. They may help you.
[53:41.600 --> 53:46.600]  Well, I have been and so far I'm not getting very full. They don't want to help.
[53:46.600 --> 53:51.600]  That was my next question, is how do you nudge them into helping?
[53:51.600 --> 54:06.600]  You go to the very top and you make a claim there that these companies are firing people and returning their insurance premiums so that the people are forced to go on Medicare.
[54:06.600 --> 54:13.600]  And for Medicare to pay this without raising an objection is an abusive office.
[54:13.600 --> 54:15.600]  Got it.
[54:15.600 --> 54:19.600]  Public officials are a fair game. They're easy to go after.
[54:19.600 --> 54:29.600]  And when you go after Medicare for misappropriation of funds, then that becomes a political issue.
[54:29.600 --> 54:35.600]  You might take this up with your state senator or your state representative.
[54:35.600 --> 54:37.600]  Okay.
[54:37.600 --> 54:48.600]  Since Medicare is federal, I said state senator or your U.S. senator and your representative to the U.S. House of Representatives,
[54:48.600 --> 54:53.600]  because they're the ones that deal with these federal funds.
[54:53.600 --> 55:03.600]  And you might get a politician who will see this as a political football that could get them some political leverage.
[55:03.600 --> 55:11.600]  Like I say, everything's political and they're looking for political cannon fodder, something they can use.
[55:11.600 --> 55:16.600]  They may pick this up and run with it for you.
[55:16.600 --> 55:23.600]  Okay, another avenue that I was going to question is when I got fired,
[55:23.600 --> 55:30.600]  I immediately put in a request for my computer logs, which is all my information.
[55:30.600 --> 55:35.600]  And my trucking company went to the unemployment hearing and contested it
[55:35.600 --> 55:38.600]  and told them that I had been late for some loads.
[55:38.600 --> 55:43.600]  Although it didn't state that in the letter, they just came to the hearing and kind of surprised everyone
[55:43.600 --> 55:47.600]  and said that I had been late for January 1st and January 5th.
[55:47.600 --> 55:56.600]  I put in a request for my computer logs to prove that and they refused to send me my paperwork or those computer logs.
[55:56.600 --> 55:59.600]  Then they turned around and told the government that I was late.
[55:59.600 --> 56:06.600]  If I get those computer logs and it turns out that they lied to the government, can I do something with that?
[56:06.600 --> 56:07.600]  Is that a breach of government?
[56:07.600 --> 56:12.600]  No, that's aggravated perjury.
[56:12.600 --> 56:19.600]  Okay, because I did say that to the unemployment judge twice, not once, but twice.
[56:19.600 --> 56:22.600]  That's aggravated perjury, straight up.
[56:22.600 --> 56:27.600]  And was it lawyers for the trucking company that did that?
[56:27.600 --> 56:31.600]  No, it was the directors of the human resources.
[56:31.600 --> 56:33.600]  Oh, wonderful.
[56:33.600 --> 56:37.600]  They did sue him.
[56:37.600 --> 56:38.600]  So who?
[56:38.600 --> 56:43.600]  Whoever made the perjury statements.
[56:43.600 --> 56:45.600]  Okay, sue them individually?
[56:45.600 --> 56:50.600]  You don't know if the trucking company had anything to do with this.
[56:50.600 --> 56:53.600]  The trucking company didn't come into court and lie.
[56:53.600 --> 56:58.600]  This human being, companies can't lie, people lie.
[56:58.600 --> 57:00.600]  Company can't commit aggravated perjury.
[57:00.600 --> 57:04.600]  A human being has to commit aggravated perjury.
[57:04.600 --> 57:14.600]  And this individual came into this hearing and committed aggravated perjury in order to deny you any right.
[57:14.600 --> 57:17.600]  So you had to sue him personally.
[57:17.600 --> 57:24.600]  Now, I can't say that everything they said was a lie because once again, I don't have the computer law to prove.
[57:24.600 --> 57:27.600]  Nobody says anything about everything.
[57:27.600 --> 57:30.600]  Only one thing has to be a lie.
[57:30.600 --> 57:40.600]  And since they didn't produce any evidence of the truth which they would have necessarily had the evidence,
[57:40.600 --> 57:50.600]  then you accuse him of aggravated perjury and he either looks at facing aggravated perjury or produces the proof.
[57:50.600 --> 57:56.600]  Okay, is that still under the federal discrimination suit, the declarative judgment suit that I want to...
[57:56.600 --> 58:01.600]  Since he did it before a federal commission, it absolutely goes under the Fed.
[58:01.600 --> 58:04.600]  Well, it's a state eye on employment.
[58:04.600 --> 58:07.600]  Okay, then it's only state.
[58:07.600 --> 58:15.600]  The result of this was that the Fed had the foot to bill.
[58:15.600 --> 58:17.600]  Oh, Medicaid, yeah.
[58:17.600 --> 58:21.600]  So you can drag it into the federal court.
[58:21.600 --> 58:25.600]  They were defrauding Medicaid.
[58:25.600 --> 58:26.600]  Hang on, about to go to break.
[58:26.600 --> 58:29.600]  Randy Kelton, Deborah Stevens, rule of our radio.
[58:29.600 --> 58:33.600]  I'll call it number 512-646-1984.
[58:33.600 --> 58:35.600]  We'll be right back.
[58:35.600 --> 58:37.600]  We'll be right back.
[59:06.600 --> 59:08.600]  Enter the recovery version.
[59:08.600 --> 59:12.600]  First, this new translation is extremely faithful and accurate,
[59:12.600 --> 59:17.600]  but the real story is the more than 9,000 explanatory footnotes.
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[59:21.600 --> 59:27.600]  providing an entrance into the riches of the word beyond which you've ever experienced before.
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[59:43.600 --> 59:47.600]  or by ordering online at freestudybible.com.
[59:47.600 --> 59:50.600]  That's freestudybible.com.
[59:50.600 --> 01:00:03.600]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:21.600 --> 01:00:28.600]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce.
[01:00:28.600 --> 01:00:30.600]  Silver $16.68 an ounce.
[01:00:30.600 --> 01:00:33.600]  Texas Crude $65.51 a barrel.
[01:00:33.600 --> 01:00:36.600]  Bitcoins at $6,902.19.
[01:00:36.600 --> 01:00:39.600]  Ethereum at $420.80.
[01:00:39.600 --> 01:00:42.600]  Bitcoin Cash at $652.90.
[01:00:42.600 --> 01:00:54.600]  And finally Litecoins at $114.34 a crypto coin.
[01:00:54.600 --> 01:01:01.600]  Today in history, the year 1968, President Lyndon B. Johnson signed the Civil Rights Act of 1968,
[01:01:01.600 --> 01:01:07.600]  which prohibited private businesses from discriminating based on race, color, religion, sex, or national origin.
[01:01:07.600 --> 01:01:11.600]  It also prohibited unequal application of voter registration requirements,
[01:01:11.600 --> 01:01:17.600]  racial segregation in public schools, in employment, and public accommodations for places of business.
[01:01:17.600 --> 01:01:23.600]  Today in history.
[01:01:23.600 --> 01:01:29.600]  In recent news, tensions in Syria seem to have reached new levels after a chemical attack on civilians in the city of Douma,
[01:01:29.600 --> 01:01:31.600]  which left 40 dead and many injured,
[01:01:31.600 --> 01:01:35.600]  an attack which is being blamed on the democratically elected president of Syria, Bashar al-Assad,
[01:01:35.600 --> 01:01:38.600]  by the United States and on Israel by Russia,
[01:01:38.600 --> 01:01:42.600]  either accusatory narrative without any verified evidence as of yet.
[01:01:42.600 --> 01:01:45.600]  President Trump tweeted today Wednesday that if, quote,
[01:01:45.600 --> 01:01:48.600]  Russia vows to shoot down any and all missiles fired at Syria,
[01:01:48.600 --> 01:01:51.600]  get ready, Russia, because they will be coming in nice and new and smart.
[01:01:51.600 --> 01:01:57.600]  Going on to warn Russia that you shouldn't be partners with a gas-filling animal who kills his people and enjoys it.
[01:01:57.600 --> 01:02:02.600]  Many in the West, including President Trump, have been quick to conclude that this chemical attack
[01:02:02.600 --> 01:02:05.600]  must have been conducted by Assad and his forces.
[01:02:05.600 --> 01:02:10.600]  Syria and Russia, on the other hand, have given approval since yesterday for the organization
[01:02:10.600 --> 01:02:14.600]  for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[01:02:14.600 --> 01:02:19.600]  Assad has been successful in maintaining rule and support during Syria's seven-year civil war,
[01:02:19.600 --> 01:02:24.600]  a civil war that is being fought by the government of Syria and anti-Assad Syrian rebels
[01:02:24.600 --> 01:02:26.600]  that are openly being funded by Western governments,
[01:02:26.600 --> 01:02:31.600]  with ISIS being one of the more notorious splinter groups of the American-backed Syrian rebels.
[01:02:31.600 --> 01:02:37.600]  No surprise, then, why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook
[01:02:37.600 --> 01:02:41.600]  that smart missiles should be fired at terrorists and not at a legitimate government,
[01:02:41.600 --> 01:02:43.600]  which has been fighting terrorists.
[01:02:43.600 --> 01:02:47.600]  Or is this a trick to destroy all traces with a smart missile strike,
[01:02:47.600 --> 01:02:50.600]  and then there will be no evidence for international inspectors to look at?
[01:02:50.600 --> 01:03:02.600]  This was Brick Roadie with your lowdown for April 11, 2018.
[01:03:20.600 --> 01:03:34.600]  Okay, we are back.
[01:03:34.600 --> 01:03:39.600]  Randy Kelton, Deborah Stevens, root of La Radio, and we're talking to Jeff in Mississippi.
[01:03:39.600 --> 01:03:41.600]  Hello, Jeff.
[01:03:41.600 --> 01:03:42.600]  Okay.
[01:03:42.600 --> 01:03:45.600]  Ah, this sounding better all the time.
[01:03:45.600 --> 01:03:52.600]  Wrongful termination, for the purpose of defrauding you,
[01:03:52.600 --> 01:03:58.600]  you could claim the wrongful termination between you and the insurance company.
[01:03:58.600 --> 01:04:02.600]  Soon, both.
[01:04:02.600 --> 01:04:04.600]  Okay.
[01:04:04.600 --> 01:04:08.600]  Because the insurance company is definitely liable here.
[01:04:08.600 --> 01:04:17.600]  So who would have the duty to notify the insurance company if you had a claim?
[01:04:17.600 --> 01:04:22.600]  Is the insurance company, is the insurance policy written with you,
[01:04:22.600 --> 01:04:25.600]  or is it written with the trucking company?
[01:04:25.600 --> 01:04:28.600]  I'm going to say it's written with the trucking company,
[01:04:28.600 --> 01:04:33.600]  and it's the trucking company that has a duty to give notice, not you.
[01:04:33.600 --> 01:04:40.600]  The insurance company can't say, well, we didn't know anything about it, we never got notice.
[01:04:40.600 --> 01:04:49.600]  So you go to the trucking, you need to go to the insurance company and get their records
[01:04:49.600 --> 01:05:01.600]  of when you were actually covered, and when your insurance was terminated.
[01:05:01.600 --> 01:05:07.600]  If you were paying your insurance premium on time through your check,
[01:05:07.600 --> 01:05:10.600]  then how often do you pay it?
[01:05:10.600 --> 01:05:13.600]  Take it just once a month?
[01:05:13.600 --> 01:05:15.600]  No, every week.
[01:05:15.600 --> 01:05:19.600]  Okay.
[01:05:19.600 --> 01:05:24.600]  Until the point at which you were terminated, you were covered.
[01:05:24.600 --> 01:05:28.600]  And this condition occurred before you were terminated.
[01:05:28.600 --> 01:05:32.600]  So the condition occurred while you were insured.
[01:05:32.600 --> 01:05:34.600]  Yes, but I can't prove that.
[01:05:34.600 --> 01:05:36.600]  I didn't send them an email.
[01:05:36.600 --> 01:05:37.600]  Oh, no, no.
[01:05:37.600 --> 01:05:38.600]  You don't have to.
[01:05:38.600 --> 01:05:39.600]  Okay.
[01:05:39.600 --> 01:05:41.600]  You can't win it.
[01:05:41.600 --> 01:05:43.600]  Oh, you can't prove that.
[01:05:43.600 --> 01:05:53.600]  You can't prove that your stomach condition came about while you were employed.
[01:05:53.600 --> 01:05:54.600]  Exactly.
[01:05:54.600 --> 01:06:01.600]  I did when I hired on, I disclosed that I had a previous hernia operation three years before,
[01:06:01.600 --> 01:06:07.600]  but then my hernias started acting up in the truck, and I wish I would have sent them an email saying,
[01:06:07.600 --> 01:06:09.600]  my stomach hurts, I need to go to the doctor.
[01:06:09.600 --> 01:06:10.600]  Okay, wait, wait.
[01:06:10.600 --> 01:06:16.600]  You're not going to have a problem with that because if you go to the doctor who did the operation
[01:06:16.600 --> 01:06:22.600]  and the doctor will testify, this did not happen all at once.
[01:06:22.600 --> 01:06:31.600]  This is a condition that would have occurred over time and would have increased in severity.
[01:06:31.600 --> 01:06:36.600]  No doubt the doctor will testify to that.
[01:06:36.600 --> 01:06:44.600]  So the doctor will testify that the condition existed while you were still covered.
[01:06:44.600 --> 01:06:53.600]  Another problem is that I can't prove that the truck driving company knew that my hernia was acting up when it fired me.
[01:06:53.600 --> 01:06:58.600]  I can't make that connection.
[01:06:58.600 --> 01:07:02.600]  Had you told anybody at the company, another truck driver?
[01:07:02.600 --> 01:07:07.600]  No, if I would have said something, it would have been just over the phone.
[01:07:07.600 --> 01:07:11.600]  That's why I'm saying I wish I'd have sent them an email earlier.
[01:07:11.600 --> 01:07:22.600]  So the fact that they sent you back your insurance money, that's incriminating.
[01:07:22.600 --> 01:07:23.600]  Okay.
[01:07:23.600 --> 01:07:29.600]  And that's enough.
[01:07:29.600 --> 01:07:40.600]  Someone had to have known or they wouldn't have sent your insurance money back because you paid that money in and you were insured over that time.
[01:07:40.600 --> 01:07:44.600]  That money was used.
[01:07:44.600 --> 01:07:52.600]  So for them to give it back to you, it was clear that it was their intent that you not make a claim against the insurance company.
[01:07:52.600 --> 01:07:54.600]  And I may be making a mistake.
[01:07:54.600 --> 01:07:57.600]  It may be my 401k that they sent back.
[01:07:57.600 --> 01:08:00.600]  So maybe they didn't send back the money.
[01:08:00.600 --> 01:08:03.600]  Claim it was the insurance money.
[01:08:03.600 --> 01:08:10.600]  Let them try to prove otherwise.
[01:08:10.600 --> 01:08:12.600]  Okay, they did send me money back.
[01:08:12.600 --> 01:08:14.600]  I'm just now not sure who it was.
[01:08:14.600 --> 01:08:15.600]  Okay, okay.
[01:08:15.600 --> 01:08:19.600]  Take real careful because it is better if we make good valid claims.
[01:08:19.600 --> 01:08:27.600]  Do you know how much was taken out at 401k and how much was taken out for insurance?
[01:08:27.600 --> 01:08:32.600]  For insurance, I think I was paying about 60 bucks a week.
[01:08:32.600 --> 01:08:38.600]  And I was with them for, well, I was paying for about eight months.
[01:08:38.600 --> 01:08:42.600]  Okay, this is probably not the insurance premium then.
[01:08:42.600 --> 01:08:47.600]  You should still be able to go back and make the claim against the insurance company.
[01:08:47.600 --> 01:08:48.600]  Okay.
[01:08:48.600 --> 01:08:57.600]  And you could still make the claim that this was wrong for termination in order to prevent you from making a claim against the insurance company.
[01:08:57.600 --> 01:08:58.600]  Okay.
[01:08:58.600 --> 01:09:01.600]  Let them argue differently.
[01:09:01.600 --> 01:09:10.600]  The proof that I do have is that they lied to the unemployment agency and then they're refusing to send my computer logs that proves they're lying.
[01:09:10.600 --> 01:09:12.600]  So I do have this on that.
[01:09:12.600 --> 01:09:18.600]  And the declaratory judgment case would get you to the discovery.
[01:09:18.600 --> 01:09:19.600]  Okay.
[01:09:19.600 --> 01:09:26.600]  And then once I found the discovery and found something awful in there, could I re-amend my suit?
[01:09:26.600 --> 01:09:28.600]  Absolutely.
[01:09:28.600 --> 01:09:34.600]  And that was when we first started pushing declaratory judgment suits.
[01:09:34.600 --> 01:09:38.600]  That was the reason because you file an action, a federal act.
[01:09:38.600 --> 01:09:48.600]  And the first thing the other side does is Rule 12 to dismiss for failure to state a claim and the courts seem to approve a Rule 12 no matter what.
[01:09:48.600 --> 01:09:53.600]  So we filed a declaratory judgment and Rule 12 doesn't apply.
[01:09:53.600 --> 01:10:00.600]  Then you get all your discovery, now you come back with a well-founded claim.
[01:10:00.600 --> 01:10:01.600]  Oh.
[01:10:01.600 --> 01:10:09.600]  That even if they dismiss it at the trial level, you should be able to beat it at the appellate court level.
[01:10:09.600 --> 01:10:10.600]  Okay.
[01:10:10.600 --> 01:10:15.600]  Because now they do the Rule 12 so they don't have to do discovery.
[01:10:15.600 --> 01:10:19.600]  And with declaratory judgment, they don't get that out.
[01:10:19.600 --> 01:10:20.600]  Nice.
[01:10:20.600 --> 01:10:28.600]  But with my federal claim, I'm going to put myself as the plaintiff and this is a civil rights claim.
[01:10:28.600 --> 01:10:35.600]  The American with Disabilities Act, I believe, is 42 U.S. Code 126.
[01:10:35.600 --> 01:10:37.600]  So I want to put that.
[01:10:37.600 --> 01:10:38.600]  Yes.
[01:10:38.600 --> 01:10:43.600]  Well, I don't know if this goes to Americans with Disabilities.
[01:10:43.600 --> 01:10:44.600]  Okay.
[01:10:44.600 --> 01:10:47.600]  Have you been declared disabled?
[01:10:47.600 --> 01:10:49.600]  No.
[01:10:49.600 --> 01:10:54.600]  And permanent under the Americans with Disabilities Act.
[01:10:54.600 --> 01:10:56.600]  This is just an injury.
[01:10:56.600 --> 01:10:58.600]  It's just a condition.
[01:10:58.600 --> 01:11:02.600]  It's not permanent to disability.
[01:11:02.600 --> 01:11:03.600]  Okay.
[01:11:03.600 --> 01:11:10.600]  Like being, like me, I'm permanently disabled because I'm fat.
[01:11:10.600 --> 01:11:13.600]  That should be permanent disability.
[01:11:13.600 --> 01:11:18.600]  Because the fat's permanent and it can't get rid of it.
[01:11:18.600 --> 01:11:24.600]  Anyway, enough of my terrible humor.
[01:11:24.600 --> 01:11:25.600]  Okay.
[01:11:25.600 --> 01:11:28.600]  Anything else, Jeff?
[01:11:28.600 --> 01:11:33.600]  Well, if it's not the 42 U.S. Code 126, what would it be under?
[01:11:33.600 --> 01:11:37.600]  Reached contract, perjury, wrongful termination?
[01:11:37.600 --> 01:11:41.600]  Yeah, due process for perjury.
[01:11:41.600 --> 01:11:48.600]  And wrongful term, well, yeah, you filed a, I would have to look at that.
[01:11:48.600 --> 01:11:58.600]  This almost goes to, we're claiming that they terminated you to avoid a claim against your insurance.
[01:11:58.600 --> 01:11:59.600]  Yeah.
[01:11:59.600 --> 01:12:08.600]  So I'd have to look at the insurance laws and see how to, and you had to go on Medicaid
[01:12:08.600 --> 01:12:13.600]  so you can file the claim for the benefit of Medicaid.
[01:12:13.600 --> 01:12:14.600]  Okay.
[01:12:14.600 --> 01:12:27.600]  Now, for the defendant, we have the trucking company, which is Decker Truckline, but also the person that made that claim, her name is Courtney Batchel.
[01:12:27.600 --> 01:12:29.600]  She's director of Cuban Resources.
[01:12:29.600 --> 01:12:33.600]  So do I want to name both of them as defendants?
[01:12:33.600 --> 01:12:35.600]  Yes, name her personally.
[01:12:35.600 --> 01:12:36.600]  Absolutely.
[01:12:36.600 --> 01:12:39.600]  And what about Decker Truckline?
[01:12:39.600 --> 01:12:40.600]  Yeah, both of them.
[01:12:40.600 --> 01:12:44.600]  She committed the act of perjury.
[01:12:44.600 --> 01:12:46.600]  So she directly harmed you.
[01:12:46.600 --> 01:12:53.600]  But she did so under the direction of Decker Truckline so they become respondent superior.
[01:12:53.600 --> 01:12:56.600]  They sue them both.
[01:12:56.600 --> 01:12:59.600]  So I want to read jurisdiction and venue real quick.
[01:12:59.600 --> 01:13:05.600]  This is a civil action under, now, in our case, we're not really sure what USC it is.
[01:13:05.600 --> 01:13:14.600]  We'll find that out a little later.
[01:13:14.600 --> 01:13:15.600]  Hang on.
[01:13:15.600 --> 01:13:16.600]  I thought I heard some music.
[01:13:16.600 --> 01:13:17.600]  I have to check my clock.
[01:13:17.600 --> 01:13:18.600]  No, I didn't.
[01:13:18.600 --> 01:13:19.600]  Okay.
[01:13:19.600 --> 01:13:23.600]  We'll link that down.
[01:13:23.600 --> 01:13:26.600]  Now, this is just, they're defrauding the federal government.
[01:13:26.600 --> 01:13:30.600]  I'll have to look up fraud, but that's not something I do a lot.
[01:13:30.600 --> 01:13:35.600]  So I don't have that memorized, but you're claiming they're defrauding the federal government
[01:13:35.600 --> 01:13:42.600]  and you're suing as a private attorney general capacity.
[01:13:42.600 --> 01:13:44.600]  Oh, okay.
[01:13:44.600 --> 01:13:49.600]  Now, right under defendants where it says complaint and bold and underlined.
[01:13:49.600 --> 01:13:55.600]  Right there, I want to replace that with declarative judgment suits.
[01:13:55.600 --> 01:14:00.600]  Yeah, I'll have to look up how they suit is structured in the fed in the state.
[01:14:00.600 --> 01:14:03.600]  It's an, it's an inray.
[01:14:03.600 --> 01:14:08.600]  You don't really have a defendant because you're not making a claim.
[01:14:08.600 --> 01:14:18.600]  You, you're asking the court to render a decision on your rights or you really don't have a defendant,
[01:14:18.600 --> 01:14:23.600]  but you, if they're named in the suit, then they get noticed.
[01:14:23.600 --> 01:14:27.600]  And in, you can, if you accuse her of aggravated perjury,
[01:14:27.600 --> 01:14:31.600]  then you file, make up a criminal complaint and file it with the court.
[01:14:31.600 --> 01:14:41.600]  But in the suit itself and declaratory judgment, it's just the suit is styled inray Jeff from Mississippi.
[01:14:41.600 --> 01:14:43.600]  Oh, okay.
[01:14:43.600 --> 01:14:48.600]  And then you notice all the interested parties, the ones that you're,
[01:14:48.600 --> 01:14:56.600]  you're asking a for a decision that's a verse to another party, then you have to notice that other parts.
[01:14:56.600 --> 01:14:57.600]  Okay.
[01:14:57.600 --> 01:15:02.600]  But the aggravated perjury, that's pretty straight up.
[01:15:02.600 --> 01:15:17.600]  Lying to a federal court, lying to, lying to a governmental entity for the purpose of defrauding the federal government.
[01:15:17.600 --> 01:15:19.600]  That's pretty straightforward.
[01:15:19.600 --> 01:15:20.600]  Okay.
[01:15:20.600 --> 01:15:27.600]  But so is this going to look like an actual suit like Jeffrey L Hill versus Courtney Batchel and Decker truck line,
[01:15:27.600 --> 01:15:29.600]  or I'm just going to take the call?
[01:15:29.600 --> 01:15:33.600]  Yeah, it'll look like in Ray Jeffrey Hill.
[01:15:33.600 --> 01:15:34.600]  Oh, in Ray.
[01:15:34.600 --> 01:15:37.600]  There won't be a versus.
[01:15:37.600 --> 01:15:39.600]  Oh, no versus.
[01:15:39.600 --> 01:15:41.600]  Oh my gosh, I have no idea what that looks like.
[01:15:41.600 --> 01:15:42.600]  Is there a sample?
[01:15:42.600 --> 01:15:45.600]  It's just, yeah, it just says in Ray, your name.
[01:15:45.600 --> 01:15:46.600]  That's all.
[01:15:46.600 --> 01:15:53.600]  On one side and then the court name on the other side is just to say in Jeff versus so and so in Ray Jeff,
[01:15:53.600 --> 01:16:03.600]  like if they sue for the benefit of a child, you'll say in Ray the child names in the interest of sweating Ray means.
[01:16:03.600 --> 01:16:08.600]  So this is in the interest of Jeffrey Jeffrey Hill.
[01:16:08.600 --> 01:16:14.600]  And no, there's no defendant's name because you're not asking for any claim from anybody.
[01:16:14.600 --> 01:16:18.600]  You're asking the court to give you a ruling.
[01:16:18.600 --> 01:16:19.600]  Okay.
[01:16:19.600 --> 01:16:25.600]  Just declaring rights of parties.
[01:16:25.600 --> 01:16:30.600]  And if you're not familiar with it, the lawyers aren't either.
[01:16:30.600 --> 01:16:32.600]  They definitely don't have a clue.
[01:16:32.600 --> 01:16:35.600]  And that'll give you a great advantage because they don't know how to respond to it.
[01:16:35.600 --> 01:16:38.600]  They always respond to it with a rule 12.
[01:16:38.600 --> 01:16:44.600]  And you can move to summary judgment on the rule 12.
[01:16:44.600 --> 01:16:45.600]  Okay.
[01:16:45.600 --> 01:16:46.600]  Because it doesn't apply.
[01:16:46.600 --> 01:16:48.600]  There is no claim.
[01:16:48.600 --> 01:16:50.600]  Motion to dismiss for failure to state a claim.
[01:16:50.600 --> 01:16:52.600]  Well, duh, there is no claim.
[01:16:52.600 --> 01:17:03.600]  Hang on, Randy Kelton, Deborah Stevens, we'll be right back.
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[01:19:22.600 --> 01:19:23.600]  Tell me.
[01:19:27.600 --> 01:19:27.600]  So, okay.
[01:19:27.600 --> 01:19:28.600]  We are back.
[01:19:28.600 --> 01:19:29.600]  Randy Kelton.
[01:19:29.600 --> 01:19:32.600]  Denver Stevens Realtor Radio.
[01:19:32.600 --> 01:19:35.600]  And we're talking to Jeff and Miss Sippy.
[01:19:35.600 --> 01:19:39.600]  Jeff has wandered over the break from saying this wrong somehow.
[01:19:39.600 --> 01:19:45.600]  A Declare tory judgment suit is different than a claim against an individual.
[01:19:45.600 --> 01:19:55.000]  You're not making a claim, you're just asking the court to rule on what your rights are,
[01:19:55.000 --> 01:19:58.160]  what another party's rights are.
[01:19:58.160 --> 01:20:01.480]  So you're not against anyone.
[01:20:01.480 --> 01:20:09.200]  So you're just filing a suit for the benefit of you, Enray, whatever.
[01:20:09.200 --> 01:20:15.320]  And you give notice to the other party because the issue relates to the rights of the other
[01:20:15.320 --> 01:20:19.240]  party, but you're not making a claim against them.
[01:20:19.240 --> 01:20:23.920]  If they lose, they don't lose any money, there's no judgment against them.
[01:20:23.920 --> 01:20:29.120]  And that's the primary reason we want to file a declaratory judgment.
[01:20:29.120 --> 01:20:33.040]  Rule 12B6 does not apply.
[01:20:33.040 --> 01:20:37.480]  When you're writing this up, though, do you still have a jurisdiction and venue section
[01:20:37.480 --> 01:20:46.480]  like this jurisdiction pursuant to 28 U.S.C. 1331, that's a federal question.
[01:20:46.480 --> 01:20:48.480]  So we want that.
[01:20:48.480 --> 01:20:49.480]  Exactly.
[01:20:49.480 --> 01:20:57.800]  Declaratory and intensive relief sought is authorized by 28 U.S.C. 2201 and 2202, is that
[01:20:57.800 --> 01:20:58.800]  correct?
[01:20:58.800 --> 01:21:02.480]  The jurisdiction is claimed the same way.
[01:21:02.480 --> 01:21:13.800]  Except in this one, there is no minimum amount, no, the $75,000 amount of the claim doesn't
[01:21:13.800 --> 01:21:17.000]  apply because there is no claim.
[01:21:17.000 --> 01:21:20.400]  Am I looking for injunctive relief also?
[01:21:20.400 --> 01:21:21.400]  No.
[01:21:21.400 --> 01:21:35.480]  And injunctive relief asks the court to order, to render you a ruling that effectively harms
[01:21:35.480 --> 01:21:36.480]  another party.
[01:21:36.480 --> 01:21:37.480]  Okay.
[01:21:37.480 --> 01:21:42.280]  So I want to leave off 2201 and 2202?
[01:21:42.280 --> 01:21:45.000]  Yes, they don't apply.
[01:21:45.000 --> 01:21:50.480]  And just the venue of the court, it's the only thing that applies here.
[01:21:50.480 --> 01:21:51.480]  Oh, venue.
[01:21:51.480 --> 01:21:52.480]  Okay.
[01:21:52.480 --> 01:21:53.480]  Venue 1331.
[01:21:53.480 --> 01:21:54.480]  Yeah.
[01:21:54.480 --> 01:22:00.480]  It falls within that venue then, and it's a federal question, the court has jurisdiction.
[01:22:00.480 --> 01:22:01.480]  Okay.
[01:22:01.480 --> 01:22:04.480]  So no declaratory judgment, which would be Rule 57?
[01:22:04.480 --> 01:22:05.480]  Right.
[01:22:05.480 --> 01:22:07.480]  No declaratory judgment.
[01:22:07.480 --> 01:22:08.480]  Okay.
[01:22:08.480 --> 01:22:15.160]  That's what's confusing is because in a case, you can have declaratory judgment and then
[01:22:15.160 --> 01:22:23.040]  wait, hold on, hold on, depends on what the declaratory judgment is.
[01:22:23.040 --> 01:22:28.280]  You're asking for a declaration of the rights of the party.
[01:22:28.280 --> 01:22:32.240]  So I suppose you could call that declaratory judgment.
[01:22:32.240 --> 01:22:34.160]  Which would be Rule 57?
[01:22:34.160 --> 01:22:35.160]  Yes.
[01:22:35.160 --> 01:22:36.160]  Okay.
[01:22:36.160 --> 01:22:40.160]  So 28 USC 1331 and FRCD 50.
[01:22:40.160 --> 01:22:41.160]  Okay.
[01:22:41.160 --> 01:22:42.160]  Hold on.
[01:22:42.160 --> 01:22:43.160]  Hold on.
[01:22:43.160 --> 01:22:50.160]  I just memorized so I can't speak to the specific wording of the statute.
[01:22:50.160 --> 01:22:55.160]  You'd have to read the statute for me to make sense of it, but we don't have time tonight.
[01:22:55.160 --> 01:22:57.160]  Let's do this tomorrow night.
[01:22:57.160 --> 01:22:59.160]  We'll look at this a little more closely.
[01:22:59.160 --> 01:23:01.160]  I've got three more callers tonight.
[01:23:01.160 --> 01:23:10.160]  Can I email you this heading that we've just talked about?
[01:23:10.160 --> 01:23:12.160]  Yes, I'll go through it.
[01:23:12.160 --> 01:23:15.160]  We need to talk about it on the area anyway.
[01:23:15.160 --> 01:23:17.160]  So let's call back tomorrow night.
[01:23:17.160 --> 01:23:20.160]  I'll call back tomorrow night.
[01:23:20.160 --> 01:23:21.160]  Okay.
[01:23:21.160 --> 01:23:22.160]  Thank you.
[01:23:22.160 --> 01:23:25.160]  Thank you, Jeff.
[01:23:25.160 --> 01:23:28.160]  Okay.
[01:23:28.160 --> 01:23:35.160]  Now we're going to Brett in Texas if I can get my machine to refresh.
[01:23:35.160 --> 01:23:36.160]  Okay.
[01:23:36.160 --> 01:23:37.160]  Gotcha.
[01:23:37.160 --> 01:23:38.160]  There you are, Brett.
[01:23:38.160 --> 01:23:43.160]  My machine's not auto refreshing, so I'm on YouTube, but I can't tell that I'm on YouTube.
[01:23:43.160 --> 01:23:44.160]  Okay.
[01:23:44.160 --> 01:23:46.160]  Go ahead, Brett.
[01:23:46.160 --> 01:23:48.160]  Well, good evening, Randy.
[01:23:48.160 --> 01:23:49.160]  Good evening.
[01:23:49.160 --> 01:23:52.160]  What do you have for us today?
[01:23:52.160 --> 01:24:00.160]  Well, I was going to call in and share a little something very interesting I found about this discovery request for additions in Texas.
[01:24:00.160 --> 01:24:08.160]  And listening to Jeff in Mississippi there, while I was listening to him, I went and got online and I found out that it's the same way in Mississippi.
[01:24:08.160 --> 01:24:14.160]  And then I realized he's talking about federal stuff too, and I went to look it up and sure enough, it's the same in the Fed.
[01:24:14.160 --> 01:24:18.160]  So it's really cool.
[01:24:18.160 --> 01:24:28.160]  In Texas, and in at least Mississippi in the Fed, if you serve on the prosecuting attorney or any other party,
[01:24:28.160 --> 01:24:37.160]  that's how it's working on any other party, you serve a request, a discovery request for admissions.
[01:24:37.160 --> 01:24:41.160]  And they don't answer within 30 days.
[01:24:41.160 --> 01:24:46.160]  Every statement that you've made in there is admitted.
[01:24:46.160 --> 01:24:52.160]  Is a formal judicial admission.
[01:24:52.160 --> 01:24:53.160]  Let me see.
[01:24:53.160 --> 01:24:55.160]  I had a pool of case up here.
[01:24:55.160 --> 01:24:57.160]  I've got that.
[01:24:57.160 --> 01:25:08.160]  In Texas, the white, I mean, we want to say Parker, Parker v something or something v Parker.
[01:25:08.160 --> 01:25:15.160]  I'll have to look it up, but I got a case law on that and then I've got a case law that follows that that says that
[01:25:15.160 --> 01:25:29.160]  if you want something is judicially admitted, then or all issues in the live pleadings must be actively opposed.
[01:25:29.160 --> 01:25:37.160]  If they're not, the opposing counsel cannot argue against them in court.
[01:25:37.160 --> 01:25:41.160]  Get the wording is very well worded.
[01:25:41.160 --> 01:25:42.160]  Yes.
[01:25:42.160 --> 01:25:45.160]  That is just for the sake of follow-up.
[01:25:45.160 --> 01:25:52.160]  That's the Texas Rules of Civil Procedure 198.2.
[01:25:52.160 --> 01:26:02.160]  And it's the most interesting there is subsection A that gives them 30 days and subsection C that says that they don't respond when it's considered admitted.
[01:26:02.160 --> 01:26:05.160]  Without the necessity of a court order.
[01:26:05.160 --> 01:26:17.160]  So if you're willing to be patient and wait for 30 days, you don't have to go to the court to say, I must move the court to compel, move the court to be court to be requested admitted.
[01:26:17.160 --> 01:26:21.160]  That's only if you're in a hurry and you want to get it.
[01:26:21.160 --> 01:26:25.160]  You've got to make a motion to be admitted.
[01:26:25.160 --> 01:26:27.160]  But if you wait 30 days.
[01:26:27.160 --> 01:26:28.160]  Hold on.
[01:26:28.160 --> 01:26:29.160]  Hold on.
[01:26:29.160 --> 01:26:31.160]  You're sounding real muffled for some reason.
[01:26:31.160 --> 01:26:34.160]  Can you back away from the mic a little bit?
[01:26:34.160 --> 01:26:36.160]  Well, I'm just the same place.
[01:26:36.160 --> 01:26:37.160]  Don't really have a mic.
[01:26:37.160 --> 01:26:39.160]  It's just my phone.
[01:26:39.160 --> 01:26:40.160]  Okay.
[01:26:40.160 --> 01:26:42.160]  Is it any better?
[01:26:42.160 --> 01:26:46.160]  No, it's probably just the phone or the connection.
[01:26:46.160 --> 01:26:49.160]  So go ahead.
[01:26:49.160 --> 01:26:53.160]  Well, so if you wait for 30 days.
[01:26:53.160 --> 01:26:57.160]  And they don't respond to your request for admissions.
[01:26:57.160 --> 01:27:05.160]  Then it's automatically admitted as a matter of law without needing to go to the court and ask the court.
[01:27:05.160 --> 01:27:10.160]  Please be in these requests for admissions as admitted.
[01:27:10.160 --> 01:27:15.160]  It's just automatically done 30 days.
[01:27:15.160 --> 01:27:28.160]  Good. We have with the picture case. We have exactly that issue that we're bringing in that case.
[01:27:28.160 --> 01:27:40.160]  Because we filed a challenge to the constitutionality of the Texas legislature.
[01:27:40.160 --> 01:27:46.160]  Delegating their lawmaking authority to a municipal corporation.
[01:27:46.160 --> 01:27:51.160]  And they did, they did not respond to it.
[01:27:51.160 --> 01:28:02.160]  So what we're claiming is, is whether or not that is true for the purpose of this case, it must be considered,
[01:28:02.160 --> 01:28:10.160]  this truth is true because the opposing party failed to oppose it.
[01:28:10.160 --> 01:28:13.160]  That's right.
[01:28:13.160 --> 01:28:14.160]  It's automatic.
[01:28:14.160 --> 01:28:23.160]  In Mississippi, the rule that they would, that you would, Jeff would want to look for is 36.
[01:28:23.160 --> 01:28:25.160]  It's in the Mississippi rules of civil procedure.
[01:28:25.160 --> 01:28:28.160]  It's 36A.
[01:28:28.160 --> 01:28:33.160]  It basically says the exact same thing and they even have the same time limit of 30 days.
[01:28:33.160 --> 01:28:39.160]  Good. So this is going to probably be standard across the country.
[01:28:39.160 --> 01:28:46.160]  Probably so. I just looked it up in the Fed. It is also rule 36.
[01:28:46.160 --> 01:28:51.160]  The number is the same in Mississippi and the Fed, even rule 36.
[01:28:51.160 --> 01:29:00.160]  They do that often. In Texas, when I first looked up the Open Records Act, I thought it was odd that it was rule 552.
[01:29:00.160 --> 01:29:06.160]  I mean, our government called 552. I thought that was a large number from what I'd seen.
[01:29:06.160 --> 01:29:14.160]  And then when I looked at the rule in the Fed, it's also 552.
[01:29:14.160 --> 01:29:25.160]  So they must do, when they adopt something from the Fed, it looks like they try to keep the numbering similar so it's easier for the lawyers to keep track of.
[01:29:25.160 --> 01:29:36.160]  But this is great. After I found this, I'm rewriting some of my pleadings and discovery to set them up for this.
[01:29:36.160 --> 01:29:40.160]  Because right now, most of my discovery doesn't have admissions in it.
[01:29:40.160 --> 01:29:47.160]  I'm going to get that in there. Hang on. About to go to break. Randy Kelton, Debra Stevens, rule of the radio.
[01:29:47.160 --> 01:29:52.160]  Call in number 512-646-1984. We'll be right back.
[01:30:02.160 --> 01:30:06.160]  Sorry, soft drink lovers. Even diet drinks can make you fat.
[01:30:06.160 --> 01:30:11.160]  The study shows that diet soda drinkers gain much more weight than people who avoid the stuff.
[01:30:11.160 --> 01:30:37.160]  I've got your account for it all, Brett. I'll be back in a moment with a scoop on supposedly skinny sodas.
[01:30:42.160 --> 01:30:51.160]  Artificial sweeteners cut the calories and help you lose weight, right? Wrong.
[01:30:51.160 --> 01:30:56.160]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:56.160 --> 01:31:03.160]  They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:31:03.160 --> 01:31:10.160]  These authors say artificial sweeteners trigger the appetite, but unlike regular sugars, don't deliver anything to squelch it.
[01:31:10.160 --> 01:31:16.160]  Waking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake.
[01:31:16.160 --> 01:31:24.160]  So use natural sweeteners to maintain a healthy weight, and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead.
[01:31:24.160 --> 01:31:30.160]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.160 --> 01:31:36.160]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:33:57.160 --> 01:34:09.160]  Okay, we are back. Randy Kelton, Debra Stevens, RealVar Radio on this Thursday, the 7th day of June, 2018, and we're talking to Brett in Texas.
[01:34:09.160 --> 01:34:25.160]  Okay, that is a, you've come up with a few really good cases lately, and I have a Brady motion, and Brady, Brady motion is a motion for discovery in a criminal case.
[01:34:25.160 --> 01:34:31.160]  But I don't have any requests for admissions in there.
[01:34:31.160 --> 01:34:42.160]  And, you know, oh, every time I've done that once before, and the prosecutors said that they have no duty to respond to requests for admissions in a criminal case.
[01:34:42.160 --> 01:34:58.160]  And I'm going to say, and I have to have a look more closely at it, my position is, okay, you don't have a duty to respond to a request for admissions in any case unless the judge orders it.
[01:34:58.160 --> 01:35:01.160]  So what?
[01:35:01.160 --> 01:35:10.160]  The consequence of your not responding remains the same.
[01:35:10.160 --> 01:35:21.160]  Some reason I can't hear you, Brett, and maybe because I still had you muted.
[01:35:21.160 --> 01:35:24.160]  You didn't sound so muffled when you were muted.
[01:35:24.160 --> 01:35:26.160]  Okay, go ahead.
[01:35:26.160 --> 01:35:53.160]  I was just saying exactly, that's exactly right. Another thing that can help to tie back their, the discovery to criminal is in 3904, it's talking about a Code of Criminal Procedure, sorry, the Texas Code of Criminal Procedure 39.04, it says applicability of civil rule.
[01:35:53.160 --> 01:36:05.160]  That's the one that was just in my brain, because I've had courts and prosecutors say that this is civil, it's not criminal. I mean, it's criminal, it's not civil.
[01:36:05.160 --> 01:36:09.160]  Okay, go ahead, 39.04.
[01:36:09.160 --> 01:36:24.160]  In one case here in the municipal court, I said, well, Judge, I'd like, after the prosecutor had piped it up and ordered this law out of her own mouth, like you say, saying that it's criminal and that doesn't apply.
[01:36:24.160 --> 01:36:42.160]  And I said, Judge, I'd like for you to take judicial notice of Code of Criminal Procedure 39.04, it says that it does apply. And the judge said, 39, what'd you say? And she's scribbling it down on a little Post-it note, 39.04.
[01:36:42.160 --> 01:36:50.160]  Apparently, she wasn't very familiar with that, but I think she went without familiar.
[01:36:50.160 --> 01:36:55.160]  That's when you know you're getting their attention.
[01:36:55.160 --> 01:37:02.160]  So, yeah, well, there's something else that we've wanted to find, and that is...
[01:37:02.160 --> 01:37:07.160]  Oh, wait, wait, before you go there, there's one thing I'd like to address here.
[01:37:07.160 --> 01:37:08.160]  Tell me.
[01:37:08.160 --> 01:37:20.160]  I don't have 39.04 memorized, and most everybody else out there doesn't have 39.04 memorized, but you don't have to worry about that.
[01:37:20.160 --> 01:37:31.160]  Because if you go in to a court and a prosecutor makes a statement like that, whether it's about the civil code applying or something else,
[01:37:31.160 --> 01:37:40.160]  and the statement that the prosecutor makes is wrong, but you don't have the code in your mind to throw it at the court right there, it doesn't matter.
[01:37:40.160 --> 01:37:45.160]  Because where we really beat them up is after they get out of court.
[01:37:45.160 --> 01:37:58.160]  If the prosecutor makes a false statement of law to the judge, and you correct that false statement of law, you just drug that prosecutor off the hook.
[01:37:58.160 --> 01:38:00.160]  You bailed him out.
[01:38:00.160 --> 01:38:07.160]  So, if you don't remember the statute right off your hand, don't get excited, don't worry about it.
[01:38:07.160 --> 01:38:13.160]  You can nail the prosecutor after court for lying to the judge about the matter of law.
[01:38:13.160 --> 01:38:16.160]  Anyway, that's all I want to say on that, just so we...
[01:38:16.160 --> 01:38:19.160]  Don't worry if you don't have all these memorized.
[01:38:19.160 --> 01:38:21.160]  You got an ID...
[01:38:21.160 --> 01:38:24.160]  The other thing is there, you can look it up later and hammer them with it later.
[01:38:24.160 --> 01:38:26.160]  Okay, go ahead, Brett.
[01:38:26.160 --> 01:38:27.160]  Yes.
[01:38:27.160 --> 01:38:40.160]  And yes, in that vein, I've been reading through the Texas disciplinary rules of professional conduct, which describe what a lawyer shall do and shall not do.
[01:38:40.160 --> 01:38:42.160]  And wouldn't you know it?
[01:38:42.160 --> 01:38:45.160]  I think I've read that thing more than they have.
[01:38:45.160 --> 01:38:48.160]  They're doing everything wrong, according to their own rules.
[01:38:48.160 --> 01:38:53.160]  If you've read it once, you've probably read it more than they have.
[01:38:53.160 --> 01:38:56.160]  Oh, my goodness.
[01:38:56.160 --> 01:39:01.160]  Yeah, you're talking about getting him after the fact. You don't have to know right in the moment.
[01:39:01.160 --> 01:39:08.160]  Yeah, go back to it and look at that document after the fact, and a lot of things start lining up.
[01:39:08.160 --> 01:39:10.160]  You say, oh, yeah, he did that, too.
[01:39:10.160 --> 01:39:13.160]  Wow, look at that, he shall not.
[01:39:13.160 --> 01:39:15.160]  Well, he did that one, too.
[01:39:15.160 --> 01:39:21.160]  Let me tell you a quick story about my prosecutor.
[01:39:21.160 --> 01:39:36.160]  He was county attorney at the time, and I was in his office, and he had just gotten a stack of sanctions by the state bar against attorneys.
[01:39:36.160 --> 01:39:40.160]  And we're talking, and he's kind of glancing through it while we're talking.
[01:39:40.160 --> 01:39:44.160]  He said, oh, oops, I've done that one, in terms of that.
[01:39:44.160 --> 01:39:47.160]  Oh, yeah, I've done that, too, every day.
[01:39:47.160 --> 01:39:50.160]  Oh, yeah, oh, yeah, I've done that.
[01:39:50.160 --> 01:39:52.160]  Oh, my goodness.
[01:39:52.160 --> 01:39:57.160]  They were probably every attorney will say that.
[01:39:57.160 --> 01:39:59.160]  So it's really good to know them.
[01:39:59.160 --> 01:40:08.160]  And I didn't get back to you on converting the codes to questionnaires on this issue.
[01:40:08.160 --> 01:40:12.160]  Now that you're talking about it, I remember I was supposed to send you.
[01:40:12.160 --> 01:40:22.160]  I have converted the American Bar Association model standards into questionnaires.
[01:40:22.160 --> 01:40:29.160]  They were actually one of the first ones that I ever did, so they're not in the latest technology.
[01:40:29.160 --> 01:40:31.160]  But I do have them all converted into question.
[01:40:31.160 --> 01:40:34.160]  I was supposed to send them to you.
[01:40:34.160 --> 01:40:41.160]  So if you'll send an email, remind me, when I get up in the morning, I always get my emails, I will send those to you.
[01:40:41.160 --> 01:40:45.160]  And we can get this in a question format.
[01:40:45.160 --> 01:40:51.160]  So that we build up where I build the questionnaires, everywhere one of these issues can come up,
[01:40:51.160 --> 01:40:59.160]  I'll just add questions that go to the Bar Association code.
[01:40:59.160 --> 01:41:01.160]  Yeah.
[01:41:01.160 --> 01:41:06.160]  Well, there's one other thing that I had on my mind that I think would be real interesting.
[01:41:06.160 --> 01:41:12.160]  I came across something that, you know, we've always been, we know that we're supposed to have an examining trial,
[01:41:12.160 --> 01:41:17.160]  and we know that they keep talking about, well, you only have a right to it if it's a felony.
[01:41:17.160 --> 01:41:19.160]  And this is a misdemeanor.
[01:41:19.160 --> 01:41:27.160]  You operated your motor vehicle over that white line, and that's a solid line, so this is not a felony,
[01:41:27.160 --> 01:41:30.160]  so you can't have an examining trial.
[01:41:30.160 --> 01:41:35.160]  And my comment is, would you come up with that?
[01:41:35.160 --> 01:41:39.160]  Did you just make that up?
[01:41:39.160 --> 01:41:48.160]  So here we have, in the Code of Criminal Procedure, something that talks about an examining trial in a misdemeanor case.
[01:41:48.160 --> 01:41:53.160]  Now, the point here is not that it's giving us a right to it or something like that,
[01:41:53.160 --> 01:42:00.160]  but just the fact that it's mentioned there as one of the options, and I just like the way that it's laid out there.
[01:42:00.160 --> 01:42:05.160]  It's just so matter-of-fact and saying certain things that the defendant has to pay for,
[01:42:05.160 --> 01:42:13.160]  and if a sheriff or a constable does a certain kind of service, it can be a...
[01:42:13.160 --> 01:42:21.160]  The sheriff or constable serves process and attends an examining trial in one of these four situations.
[01:42:21.160 --> 01:42:29.160]  The attends an examining trial in a felony or a misdemeanor case.
[01:42:29.160 --> 01:42:35.160]  It's the same as a trial in a felony or misdemeanor case, not to exceed five bucks.
[01:42:35.160 --> 01:42:37.160]  Well, look at that.
[01:42:37.160 --> 01:42:41.160]  He gets five bucks, it doesn't matter which one of these four things attends.
[01:42:41.160 --> 01:42:44.160]  And let me address something on that.
[01:42:44.160 --> 01:42:45.160]  Tell me.
[01:42:45.160 --> 01:42:55.160]  What the Code says is if an officer arrests someone on with or without a warrant,
[01:42:55.160 --> 01:43:01.160]  he is to take the person directly to the nearest magistrate,
[01:43:01.160 --> 01:43:07.160]  and therefore it would be expected that if an officer arrests somebody,
[01:43:07.160 --> 01:43:11.160]  he would attend the examining trial because he would be the accuser.
[01:43:11.160 --> 01:43:13.160]  Right.
[01:43:13.160 --> 01:43:16.160]  That's probably why that's there.
[01:43:16.160 --> 01:43:23.160]  And he gets five bucks for his trouble of taking you over to see the mayor or whoever he touched you to.
[01:43:23.160 --> 01:43:25.160]  The sheriff does.
[01:43:25.160 --> 01:43:34.160]  So we might look at the fees that are being charged and see if that's one of them.
[01:43:34.160 --> 01:43:37.160]  Okay, hang on, I hear the music.
[01:43:37.160 --> 01:43:40.160]  Randy Kelton moved by radio.
[01:43:40.160 --> 01:43:45.160]  Okay, this is last segment, so I won't give out the call of number.
[01:43:45.160 --> 01:43:54.160]  John Greg Germain, I will probably only get one before the break.
[01:43:54.160 --> 01:44:00.160]  If you want to call back tomorrow night, I'll make sure I get to everybody.
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[01:46:09.160 --> 01:46:23.160]  Hello, oh man, in jail, got busted, oh man, I'm broken.
[01:46:23.160 --> 01:46:32.160]  Something in this world I will never understand, something I realize fully.
[01:46:32.160 --> 01:46:36.160]  Okay, we are back. Randy Kelton, Deborah Stevens, we move our radio.
[01:46:36.160 --> 01:46:45.160]  Brett, can I get you to call in tomorrow night, because I would like to go over this in some more detail.
[01:46:45.160 --> 01:46:47.160]  Yes, sir.
[01:46:47.160 --> 01:46:56.160]  Good, this is good law, and send me an email reminding me about it, and I'll do some work on this tomorrow.
[01:46:56.160 --> 01:47:02.160]  Because this is definitely stuff I need to get added into the machine.
[01:47:02.160 --> 01:47:09.160]  Yeah, I sent both of these over to you, I think that's actually my last two emails to you were about these two items.
[01:47:09.160 --> 01:47:27.160]  Yes, I remember those, and if you'll remind me in the morning, I get a lot of emails, so they get pushed way down, and if I don't have it in front of me, I'm likely to get on to other things and forget to get to this.
[01:47:27.160 --> 01:47:33.160]  So, I'd like to have it up in front of me when I get up in the morning, and then I'll get on it.
[01:47:33.160 --> 01:47:36.160]  All right.
[01:47:36.160 --> 01:47:37.160]  Well, that's all.
[01:47:37.160 --> 01:47:39.160]  Okay, thank you, Brett.
[01:47:39.160 --> 01:47:48.160]  Now I'm going to go to, well, I'm going to go to Greg, Greg's been calling in, but Jareen hadn't called in forever.
[01:47:48.160 --> 01:47:54.160]  Now I'm going to go ahead and go to Greg.
[01:47:54.160 --> 01:47:57.160]  There we go, okay.
[01:47:57.160 --> 01:47:59.160]  Go ahead, Greg.
[01:47:59.160 --> 01:48:02.160]  Yes, Randy?
[01:48:02.160 --> 01:48:03.160]  Yes.
[01:48:03.160 --> 01:48:06.160]  What do you have for us today?
[01:48:06.160 --> 01:48:10.160]  Well, how's your fight going?
[01:48:10.160 --> 01:48:15.160]  It is ongoing, but I have a couple things.
[01:48:15.160 --> 01:48:21.160]  I don't know if you've been getting the emails I've been sending you.
[01:48:21.160 --> 01:48:29.160]  You know, at one point back a good while ago, about the second time I called, I think,
[01:48:29.160 --> 01:48:36.160]  you wanted to get the prosecutor's name that didn't want to go along with the system.
[01:48:36.160 --> 01:48:38.160]  I don't know if you remember.
[01:48:38.160 --> 01:48:40.160]  Yes, I do remember that.
[01:48:40.160 --> 01:48:45.160]  But I did actually send you an email on that a little bit later.
[01:48:45.160 --> 01:48:54.160]  I don't remember, put your subject line in all caps because I may not recognize the email.
[01:48:54.160 --> 01:49:01.160]  I get lots of emails, so I don't have an email in my mind connected to you.
[01:49:01.160 --> 01:49:07.160]  But if you put a recent email with your name in all caps, it'll remind me of what that is,
[01:49:07.160 --> 01:49:09.160]  so I'll make that connection.
[01:49:09.160 --> 01:49:14.160]  Yeah, you had said you wanted to speak with her about something.
[01:49:14.160 --> 01:49:19.160]  Yes, I wanted to interview her.
[01:49:19.160 --> 01:49:21.160]  I had a difficult time.
[01:49:21.160 --> 01:49:26.160]  I spent a couple of three to four hours trying to end down who it was,
[01:49:26.160 --> 01:49:31.160]  and I'm still not sure that I got the right person, but anyway, I did send that.
[01:49:31.160 --> 01:49:33.160]  And then I sent it off.
[01:49:33.160 --> 01:49:37.160]  I don't know if it was last week or week before last when I called.
[01:49:37.160 --> 01:49:45.160]  Like I am now, I was like the last caller, and I sent an email kind of describing my situation
[01:49:45.160 --> 01:49:50.160]  with a little bit of history because I've never really been able to say that
[01:49:50.160 --> 01:49:57.160]  until you explain kind of how all this got started and started out with the building department
[01:49:57.160 --> 01:50:03.160]  and been going on for about three years with the legal system,
[01:50:03.160 --> 01:50:07.160]  but a lot longer now with my neighbor and actually longer, I don't know.
[01:50:07.160 --> 01:50:08.160]  It's complicated.
[01:50:08.160 --> 01:50:12.160]  But the point is, I don't know if you're getting my emails or not.
[01:50:12.160 --> 01:50:19.160]  And I know you get a lot of them and you can't read them all, I guess.
[01:50:19.160 --> 01:50:21.160]  That's the deal.
[01:50:21.160 --> 01:50:24.160]  I can't picture an email connected to you.
[01:50:24.160 --> 01:50:27.160]  I may be getting them and not knowing that you're yours.
[01:50:27.160 --> 01:50:35.160]  So if you send me one with the subject line and all caps, then I'll do a search for all of the emails under that name
[01:50:35.160 --> 01:50:38.160]  and I'll get them all, make sure I get them.
[01:50:38.160 --> 01:50:39.160]  Okay.
[01:50:39.160 --> 01:50:40.160]  Well, all right.
[01:50:40.160 --> 01:50:45.160]  Well, my main thing, since we're just on extremely limited time here again,
[01:50:45.160 --> 01:50:52.160]  the main thing I want to know, you know, just to mention one more thing though,
[01:50:52.160 --> 01:50:58.160]  at one point, I think it would have been the third time I called or it could have been the second time,
[01:50:58.160 --> 01:51:05.160]  I said, well, you know, you were telling me the story about how you do the officials
[01:51:05.160 --> 01:51:09.160]  and you file charges and all this against the clerks and this and that.
[01:51:09.160 --> 01:51:16.160]  And I ended up saying, well, I'll have to be a little bit more confident in the law before,
[01:51:16.160 --> 01:51:18.160]  and I said this in one of the emails,
[01:51:18.160 --> 01:51:23.160]  but I said I'd have to be a little bit more confident in my understanding of the law
[01:51:23.160 --> 01:51:25.160]  before I could start doing things like that.
[01:51:25.160 --> 01:51:30.160]  And I swear it wasn't three days until I called 911 on the clerk.
[01:51:30.160 --> 01:51:34.160]  Okay, go ahead.
[01:51:34.160 --> 01:51:36.160]  I'm sorry.
[01:51:36.160 --> 01:51:38.160]  I was just so tired of her.
[01:51:38.160 --> 01:51:39.160]  I mean, I was getting the same thing.
[01:51:39.160 --> 01:51:45.160]  I've got my whole life here, you know, no cooperation.
[01:51:45.160 --> 01:51:49.160]  One time I was, I spent 45 minutes trying to get,
[01:51:49.160 --> 01:51:56.160]  I'm talking about information from past police reports myself, my records, and I'm like,
[01:51:56.160 --> 01:51:58.160]  and I finally looked up at him and I said, look,
[01:51:58.160 --> 01:52:02.160]  I bet if the prosecutor was trying to get this information from you guys,
[01:52:02.160 --> 01:52:04.160]  you'd have it in five minutes.
[01:52:04.160 --> 01:52:07.160]  And it wasn't five minutes later, she gave it to me.
[01:52:07.160 --> 01:52:10.160]  But that's a long time ago.
[01:52:10.160 --> 01:52:16.160]  But the other day, I was just trying to get, well, it's been a few weeks now,
[01:52:16.160 --> 01:52:22.160]  but I was trying to get a copy of the complaint from my current court case.
[01:52:22.160 --> 01:52:25.160]  And she just said, well, she pulled it up on her computer
[01:52:25.160 --> 01:52:30.160]  and she went over and filled it around for 10 or 15 minutes and came back and said,
[01:52:30.160 --> 01:52:33.160]  well, I can't get it over there and whatever.
[01:52:33.160 --> 01:52:35.160]  And I said, okay, I'll just come back.
[01:52:35.160 --> 01:52:39.160]  That day I was just kind of court watching anyway.
[01:52:39.160 --> 01:52:43.160]  So anyway, when I said that, I knew what I was going to do.
[01:52:43.160 --> 01:52:49.160]  I just went downstairs and got on the red phone and I told him to send the officer over
[01:52:49.160 --> 01:52:53.160]  and arrest Clark on 911.
[01:52:53.160 --> 01:53:01.160]  And so I waited for like 45 minutes in the lobby down there and nobody showed up.
[01:53:01.160 --> 01:53:07.160]  I called back 911 again and I said, well, look, I guess y'all, you know, you're not sending nobody.
[01:53:07.160 --> 01:53:12.160]  So just tell the officer that I'll be up here sitting in the courtroom
[01:53:12.160 --> 01:53:14.160]  and to come up there and get me.
[01:53:14.160 --> 01:53:20.160]  So five hours later, five o'clock came, nobody showed up.
[01:53:20.160 --> 01:53:28.160]  I called back 911 again before I left because the clerks went home and the court was closed.
[01:53:28.160 --> 01:53:36.160]  I called back 911 and I said, you know, I need to find out where to get a copy of this.
[01:53:36.160 --> 01:53:44.160]  Where do I get, you know, a record of what was said on the 911 recording and all that.
[01:53:44.160 --> 01:53:50.160]  And they didn't really respond to that and didn't tell me exactly.
[01:53:50.160 --> 01:53:59.160]  But the point is after that, the next time I went in there, the clerk didn't charge me 50 cents a copy or nothing.
[01:53:59.160 --> 01:54:03.160]  She was all over it, just everything I wanted to give.
[01:54:03.160 --> 01:54:06.160]  Funny how that works.
[01:54:06.160 --> 01:54:10.160]  Now you should file a complaint with the sheriff.
[01:54:10.160 --> 01:54:17.160]  Is this a big town or is it the, you know who the dispatch operator is for?
[01:54:17.160 --> 01:54:20.160]  Is it sheriff or county? I mean, city or county?
[01:54:20.160 --> 01:54:22.160]  Well, this is the state clerk.
[01:54:22.160 --> 01:54:24.160]  It's in the city building.
[01:54:24.160 --> 01:54:26.160]  The city of the initial building.
[01:54:26.160 --> 01:54:29.160]  That's where the state court is paled.
[01:54:29.160 --> 01:54:35.160]  No, I mean, the 911 operators most likely is the sheriff's department.
[01:54:35.160 --> 01:54:40.160]  Unless it's a big town, if it's a big town, then they may have their own dispatcher.
[01:54:40.160 --> 01:54:45.160]  Well, yeah, the Kingsport, they do have their own dispatcher.
[01:54:45.160 --> 01:54:50.160]  Okay, then file criminal charges against the mayor.
[01:54:50.160 --> 01:55:00.160]  The main thing I wanted, well, I got another court date coming up to 26th and I'll have to call back tomorrow.
[01:55:00.160 --> 01:55:08.160]  Call back a little earlier and I'll bump you up on, because you've been calling in this late and I've been missing you.
[01:55:08.160 --> 01:55:11.160]  That's why I jumped over John.
[01:55:11.160 --> 01:55:14.160]  I know I hurt John's feelings, but he's a big boy.
[01:55:14.160 --> 01:55:18.160]  He'll call back tomorrow and I will make up for it.
[01:55:18.160 --> 01:55:27.160]  I tried to call a few times and it says the thing's full and then I thought I'd get through and it's a little bit late when I'm able to get through.
[01:55:27.160 --> 01:55:34.160]  But the main thing I wanted to know now, you know how you go into court with the Red Boulder?
[01:55:34.160 --> 01:55:36.160]  Yes.
[01:55:36.160 --> 01:55:38.160]  I want to do that.
[01:55:38.160 --> 01:55:49.160]  There's two police officers that have both, you know, failed to do the due process.
[01:55:49.160 --> 01:55:57.160]  Failed to perform a duty they were required to perform in Tennessee as official misconduct.
[01:55:57.160 --> 01:56:01.160]  That is what they have done, because they're harassing me here.
[01:56:01.160 --> 01:56:09.160]  I want to know, I know that you deliver it to the judge.
[01:56:09.160 --> 01:56:13.160]  Okay, here's the deal. Here's how you do it.
[01:56:13.160 --> 01:56:16.160]  You should always be in a nice suit.
[01:56:16.160 --> 01:56:20.160]  If I go in and I'm not in a suit, I always get arrested.
[01:56:20.160 --> 01:56:24.160]  You want to find a time when the judge is having motion hearings.
[01:56:24.160 --> 01:56:28.160]  They set aside special days just to hear motions.
[01:56:28.160 --> 01:56:35.160]  And the lawyers line up and the judge looked at this one tasting about 45-50 seconds to do one motion.
[01:56:35.160 --> 01:56:37.160]  They just walked down through them.
[01:56:37.160 --> 01:56:39.160]  So there's lots of breaks.
[01:56:39.160 --> 01:56:43.160]  You don't want to go in when they're having a murder trial or something because there's no breaks.
[01:56:43.160 --> 01:56:49.160]  You nice suit, you walk up to the bar, you point at the bailiff, you come here.
[01:56:49.160 --> 01:56:51.160]  They hate that.
[01:56:51.160 --> 01:57:00.160]  Lawyers come in there like meek little lamps, so you call the bailiff over and tell him your name first because you don't want him asking you questions.
[01:57:00.160 --> 01:57:02.160]  My name is Greg.
[01:57:02.160 --> 01:57:07.160]  They instruct the judge that I have business with the court.
[01:57:07.160 --> 01:57:10.160]  And generally they'll say, may I tell them the nature of the business?
[01:57:10.160 --> 01:57:14.160]  There's a couple ways of doing this, depending on what you want to do to them.
[01:57:14.160 --> 01:57:18.160]  You have your red folder, but you have it sealed.
[01:57:18.160 --> 01:57:24.160]  Here, give him this. Or you can tell him, if he says, may I tell him the nature of the business?
[01:57:24.160 --> 01:57:27.160]  Do I want to do it? No, you may not.
[01:57:27.160 --> 01:57:30.160]  I have business with the court and it's none of yours. You're dismissed.
[01:57:30.160 --> 01:57:31.160]  I go sit down.
[01:57:31.160 --> 01:57:33.160]  Not a bailiff is furious.
[01:57:33.160 --> 01:57:37.160]  Or they'll say, well, if you don't tell me what it is, I'm not going to tell the judge.
[01:57:37.160 --> 01:57:40.160]  Or you do whatever you want to and you go sit down.
[01:57:40.160 --> 01:57:42.160]  And they'll always go tell the judge.
[01:57:42.160 --> 01:57:48.160]  Because you want the judge to wonder, what the heck is going on here? Who is this guy? What's in that red folder?
[01:57:48.160 --> 01:57:53.160]  And then the judge will either say, you'll say, Mr. Greg, I understand you have business with the court.
[01:57:53.160 --> 01:57:59.160]  You say, yes, your honor, I do. May I approach? And you hold up this folder.
[01:57:59.160 --> 01:58:03.160]  May I approach means, can I give this to the court?
[01:58:03.160 --> 01:58:06.160]  Don't approach. Just hold it up.
[01:58:06.160 --> 01:58:11.160]  He will either call you up to the bench or he'll direct the bailiff to come and get it.
[01:58:11.160 --> 01:58:18.160]  And once he opens it and he sees criminal charges in there, it's on.
[01:58:18.160 --> 01:58:23.160]  He's likely to tell you about our times. Don't go quickly.
[01:58:23.160 --> 01:58:26.160]  He's likely to tell you that he doesn't take criminal complaints.
[01:58:26.160 --> 01:58:31.160]  Well, you're a magistrate in the state of Tennessee. I'm giving you notice. You can do whatever you want to.
[01:58:31.160 --> 01:58:34.160]  And if he doesn't take it, then you file against him.
[01:58:34.160 --> 01:58:38.160]  If you call back tomorrow night, we'll go through the routine in a little more detail.
[01:58:38.160 --> 01:58:46.160]  If you listen to last Friday's archives, I go through this whole process starting in the second hour.
[01:58:46.160 --> 01:58:50.160]  Okay. Thank you all for listening.
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