ROL_2019-10-24_16k.timecode

[00:00.000 --> 00:06.760]  The following news flash is brought to you by The Lowest Star Lowdown.
[00:06.760 --> 00:13.040]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.040 --> 00:21.360]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:21.360 --> 00:29.960]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $200.00
[00:29.960 --> 00:41.360]  $27.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.360 --> 00:52.280]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.280 --> 00:58.040]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10
[00:58.040 --> 01:04.760]  and injuring 40 today in history.
[01:04.760 --> 01:09.400]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp and
[01:09.400 --> 01:14.160]  attacks his law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.160 --> 01:18.040]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.040 --> 01:22.240]  new ones, since they are stipulating that they do not have the time or the laboratory
[01:22.240 --> 01:24.760]  equipment to test the herb for THC.
[01:24.760 --> 01:28.400]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.400 --> 01:33.120]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.120 --> 01:34.120]  law.
[01:34.120 --> 01:37.560]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.560 --> 01:42.080]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.200]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.200 --> 01:54.480]  well as other cities, too, like the District Attorney, in El Paso, Cayma Esparza, a Democrat
[01:54.480 --> 01:58.960]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.960 --> 02:01.720]  prosecution of marijuana cases in El Paso.
[02:01.720 --> 02:06.880]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender,
[02:06.880 --> 02:10.760]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.360]  It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:22.600]  charged with.
[02:22.600 --> 02:27.240]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark
[02:27.240 --> 02:32.760]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark
[02:32.760 --> 02:38.400]  ever captured or recorded with the other one being found way back in 1979 in the East Pacific
[02:38.400 --> 02:39.400]  Ocean.
[02:39.400 --> 02:43.800]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:50.080]  its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[02:50.080 --> 02:56.080]  glow.
[02:56.080 --> 03:07.080]  This is Ruth Rode with your lowdown for July 22, 2019.
[03:07.080 --> 03:32.080]  You
[03:32.080 --> 03:35.680]  Bad boys, bad boys, what you gonna do?
[03:35.680 --> 03:38.240]  What you gonna do when they come for you?
[03:38.240 --> 03:40.960]  When you were eight and you had bad dreams,
[03:40.960 --> 03:43.680]  You go to school and learn to go then lose.
[03:43.680 --> 03:46.480]  So why are you acting like a bloody fool?
[03:46.480 --> 03:49.040]  If you get hot, then you must get cool.
[03:49.040 --> 03:51.920]  Bad boys, bad boys, what you gonna do?
[03:51.920 --> 03:54.480]  Oh, what you gonna do when they come for you?
[03:54.480 --> 03:57.440]  Bad boys, bad boys, what you gonna do?
[03:57.440 --> 04:00.160]  Oh, what you gonna do when they come for you?
[04:00.160 --> 04:02.960]  You took it done, that one, you took it done, this one.
[04:02.960 --> 04:05.680]  You took it done, your mother, and you took it done, your father.
[04:05.680 --> 04:08.400]  You took it done, your father, and you took it done, your sister.
[04:08.400 --> 04:10.960]  You took it done, that one, and you took it done, me.
[04:10.960 --> 04:14.080]  Bad boys, bad boys, what you gonna do?
[04:14.080 --> 04:15.600]  Okay, howdy, howdy.
[04:15.600 --> 04:18.880]  We're Andy Kelton, Deborah Stevens, Brett Fountain,
[04:18.880 --> 04:26.640]  Roodle Law Radio on this Thursday, the 24th day of October 2019.
[04:26.640 --> 04:32.000]  And I want to start out a little bit talking about the Legal Earth Project.
[04:32.000 --> 04:39.840]  I did a crowdfunding promotion on GoFundMe,
[04:39.840 --> 04:47.920]  primarily to get a feel for how it worked and learn the ins and outs of doing that.
[04:47.920 --> 04:54.880]  And I don't have to admit to you, you know, sometimes this gets difficult.
[04:54.880 --> 05:00.080]  I've been working on this project for 12 years, and by my calculation,
[05:00.080 --> 05:06.240]  I've got over a hundred and four hundred and seventy thousand dollars into the project.
[05:07.520 --> 05:10.240]  That's with my time and with investments.
[05:11.520 --> 05:13.520]  That's how much I've got in the project.
[05:14.640 --> 05:20.880]  And 12 years, 10 hours a day, seven days a week building this tool,
[05:20.880 --> 05:26.800]  and sometimes sitting here staring at this computer and putting all these pieces together,
[05:28.400 --> 05:32.560]  you kind of get to feel like you're the only person out here who cares.
[05:33.680 --> 05:40.800]  And when it comes to feeling sorry for yourself, I should have a PhD in that.
[05:42.000 --> 05:44.720]  I have raised that to an art form.
[05:44.720 --> 05:53.120]  And I put out this funding thing, and I sent out about 700 emails,
[05:54.160 --> 05:58.640]  and I got a few responses, and it was wonderful, but not as many as I expect,
[05:58.640 --> 06:01.360]  and I'm getting really dejected.
[06:02.560 --> 06:06.960]  And then about the time I thought it was over, it started heating back up again.
[06:08.320 --> 06:10.960]  We have a lot of people out here who are struggling,
[06:10.960 --> 06:18.000]  and I had people who believed in the project but couldn't invest,
[06:18.000 --> 06:24.480]  and they sent out blasts of their Facebook accounts to everybody on their Facebook accounts,
[06:24.480 --> 06:28.960]  and I started getting donations from people who knew nothing about me.
[06:31.120 --> 06:37.520]  Because somebody they knew recommended me, then they essentially listened to what they said and
[06:37.520 --> 06:45.440]  said, yeah, this is a good project they invested in. It was frankly incredible.
[06:47.120 --> 06:52.400]  You know, Brett here, he's been struggling. How many years you've been fighting these guys, Brett?
[06:53.680 --> 06:58.960]  Oh, well, it depends on if you count the times when I didn't know how to fight him yet.
[06:58.960 --> 07:03.200]  Before I bought Jurisdictionary and started going in the right direction,
[07:03.200 --> 07:08.400]  there were several more years. And how many people have you had that
[07:09.040 --> 07:12.320]  you felt like stepped in there for you when you needed it?
[07:15.280 --> 07:21.680]  One guy stepped in one day. That's pretty much it. Then later he ended up telling me that
[07:21.680 --> 07:26.080]  I shouldn't be doing that. Just pay him the $75,000 and get it over with.
[07:26.080 --> 07:35.600]  Yeah. So it's hard. This is a struggle, and we always feel like we're the only one on the planet.
[07:37.280 --> 07:47.040]  And it's not the case. We have people out there. Most of the people who listen to our show
[07:47.040 --> 07:56.960]  aren't really wealthy. People who are really wealthy and doing very well tend not to be
[07:58.160 --> 08:03.840]  dissatisfied with the system, just treating them well. You know, I have a son. He just sent me a
[08:03.840 --> 08:18.880]  text and images of the new sports car he just bought after he got his PhD. He got two PhDs.
[08:20.640 --> 08:25.440]  And just come back from Canada where he went on a fishing trip where they had to fly him in
[08:25.440 --> 08:31.840]  with a helicopter into this remote place where he didn't catch any fish. But he didn't care what the
[08:31.840 --> 08:37.360]  heck. He's got all this money. He don't care. He thinks the system's great. He's treating them well.
[08:39.440 --> 08:47.120]  Those who fight the system tend to be those who don't have the resources they need to take
[08:48.160 --> 08:53.760]  care of themselves. So when we go to the people who are listening to us and say,
[08:53.760 --> 08:56.320]  we need some help here, well, they don't have the help to give us.
[08:56.320 --> 09:02.560]  And so it's a struggle. It's a struggle for all of us. And sometimes it gets real frustrating.
[09:03.680 --> 09:10.560]  And we tend to feel like we're all by ourselves, especially for guys. Guys have this special
[09:10.560 --> 09:20.080]  capacity for self-pity. But I have to tell everybody, oh, I'm so lonely. It's just me against the whole
[09:20.080 --> 09:30.480]  world. Poor me. Poor me. I feel so sorry for me. And we're good at that. But this fundraiser
[09:31.440 --> 09:39.120]  that I did just as a test to get a fuel for how things were was incredibly encouraging.
[09:39.120 --> 09:50.080]  Because even the people who couldn't chip into the funding, they did what they could and they
[09:50.080 --> 09:57.520]  promoted it to the people they knew. And this thing is growing. It's blossoming. And it did
[09:57.520 --> 10:07.120]  give me funds to move around and begin to move ahead with the project. I can't thank everybody
[10:07.120 --> 10:14.320]  enough. More than the money they put in, it's not that much money. It's a relatively small
[10:14.320 --> 10:20.960]  amount of money, but I don't care about that. I got people putting in five, 10, 15 bucks,
[10:22.160 --> 10:33.040]  putting in what they can. And somehow the smaller amounts seem to be more telling than the large
[10:33.040 --> 10:40.400]  amounts. If somebody can afford to put in a hundred bucks, then it's not that hard for them.
[10:41.920 --> 10:46.800]  But, you know, my wife got really upset at me one time because a friend came by
[10:47.920 --> 10:55.200]  and his car was broke down and he had to, there's something he had to get. And I gave him the last
[10:55.200 --> 11:02.480]  five dollars I had in my pocket. And she said, did you just give him your last five dollars?
[11:04.240 --> 11:17.440]  Yes, matter of fact, I did. But as the years went by, I look back on that and I feel better about
[11:17.440 --> 11:28.160]  that than just about anything else I've ever done. How many times have you reached in your
[11:28.160 --> 11:36.560]  pocket and gave someone else your last dollar? Well, I knew I had other donors coming in. I had
[11:36.560 --> 11:43.040]  my own business and I had accounts payable, but at the moment I was flat broke. And then two days
[11:43.040 --> 11:48.720]  later I'll be rolling into dough because everybody pays me at once. They all hold off and don't pay
[11:48.720 --> 11:54.800]  me for months and months. Then everybody pays me at once. But it really felt good to give someone
[11:54.800 --> 12:05.040]  my last dollar. And some of these donations I got, I kind of felt that way. And it really felt good
[12:05.040 --> 12:17.760]  to have you guys tell me that what we're doing here matters. And I just want to thank everybody.
[12:19.040 --> 12:24.400]  If you don't have funds to send us, don't worry about it. Whatever you do, don't stop listening.
[12:24.960 --> 12:32.480]  Don't start telling everybody about us. That's as valuable as helping fund this thing.
[12:32.480 --> 12:39.440]  Yeah, we're struggling to keep this radio station on the air. And we definitely need all the donations
[12:39.440 --> 12:50.800]  we can get. But if you can't give a donation and you give a recommendation, we need that.
[12:50.800 --> 13:04.160]  You know, Brett and I are sitting here staring into a microphone. I know people, I hope people
[13:04.160 --> 13:09.840]  are out there. I think people are out there listening, but I can't see them. I don't really know for
[13:09.840 --> 13:17.760]  certain. I just have to go on faith. And sometimes we sit and we set aside time we could be with
[13:17.760 --> 13:23.680]  our families and doing other things. And we sit in front of this microphone and talk to empty space,
[13:25.760 --> 13:32.000]  hoping people are out there. And every once in a while something happens that demonstrates to us
[13:33.040 --> 13:39.520]  that what we're doing matters. And I just want everybody to know, everybody who participated,
[13:39.520 --> 13:45.120]  everybody who, even if they didn't donate, they sent this out to other people. This is
[13:45.120 --> 13:55.920]  what keeps us doing this. And that's my story and I'm sticking to it. Brett, you have,
[13:56.880 --> 14:05.760]  we were talking earlier about a tort letter you're sending out. This is about Wood County.
[14:05.760 --> 14:18.000]  Yes, that's right. Wood County has four county commissioners that I've been contacting and
[14:18.000 --> 14:25.520]  informing them of all of the misconduct in office. And they haven't responded, none of them have
[14:25.520 --> 14:35.840]  responded. I've sent six rounds of updates to all of them. So they realized not only that I was
[14:35.840 --> 14:43.840]  unlawfully restrained, arrested without a warrant, and then a warrant was faked to later. And I had
[14:43.840 --> 14:48.560]  to sit in jail for five hours and my wife had to ransom. It was like a ransom thing where they
[14:48.560 --> 14:56.320]  wanted $1,500 cash. They didn't have any warrant to back it up. And they didn't have any time where
[14:56.320 --> 15:01.520]  they were going to promise for me to appear, which a bond, if it were a legitimate bond,
[15:01.520 --> 15:06.560]  there would be a legitimate cause. And they would say, I want you to come and show up at
[15:06.560 --> 15:11.440]  such and such a date and time. But they didn't have any reason for me to promise to do anything.
[15:11.440 --> 15:19.280]  There was, they just wanted my $1,500. And my wife scrambled. She got me out of there.
[15:20.320 --> 15:25.280]  They owe me that money back. They owe me for the time that I was in there. They owe me for all
[15:25.280 --> 15:32.480]  of the hours. Wait a minute. Wait a minute. They owe a whole lot more. They put their hands on your
[15:32.480 --> 15:42.560]  wife. They put their hands, they put their hands on your wife while they were prominently displaying
[15:42.560 --> 15:50.960]  deadly weapons in the state of Texas. That is a felony of the first degree up there with capital
[15:50.960 --> 15:56.800]  murder. You think I ought to roll that into the same tort letter? Absolutely. That's a,
[15:56.800 --> 16:03.200]  no, that is a big deal. You should roll that in there. Well, in that case, I'll have to roll
[16:03.200 --> 16:10.400]  my little son because my young son was right there with her. And he got to see them put hands on her
[16:10.400 --> 16:15.360]  and got to get scared that she was about to get thrown in jail. That's what they told her.
[16:16.000 --> 16:20.320]  So, you know, it really worried him. He's been talking about it ever since.
[16:20.320 --> 16:27.440]  So, that's, that's traumatic stress. And for a child, it's much more difficult because he
[16:27.440 --> 16:35.840]  doesn't understand that. He expects grownups to be grownups. He expects grownups to do the right
[16:35.840 --> 16:45.040]  thing. Yeah. This is a big deal and it should be treated as a very big deal. The, you know,
[16:45.040 --> 16:52.000]  you and I, you know, we're grownups. And we're guys. We bump around. We get beat up. We pick
[16:52.000 --> 16:56.480]  fights with them. They fight back. We get that. We're just about to go to the break. There are
[16:56.480 --> 17:06.240]  two of our sponsors here. So, maybe we can talk about it. It's the 2019 Logos Radio Network
[17:06.240 --> 17:12.880]  annual fundraiser and gun giveaway sponsored by Central Texas Gun Works. Go to logosradionetwork.com
[17:12.880 --> 17:18.160]  and enter to win. Any amount is appreciated. Everything helps to keep us on the air. From
[17:18.160 --> 17:24.320]  Central Texas Gun Works, the grand prize up for grabs is the Spikes Tactical AR15.
[17:24.320 --> 17:30.080]  More prizes and sponsors to be announced. Every $25 donation is a chance to win.
[17:30.080 --> 17:35.440]  When you purchase Randy Kelton's e-book, Legal 101, you get four chances to win.
[17:35.440 --> 17:40.800]  Purchase Eddie Craig's traffic seminar and get 10 chances to win. If you've enjoyed the shows on
[17:40.800 --> 17:46.080]  Logos Radio Network, support our fundraiser so we can keep bringing you the best quality
[17:46.080 --> 17:52.160]  programming on talk radio today. We also accept Bitcoin and other cryptocurrencies. And remember,
[17:52.160 --> 17:59.200]  every $25 donation is a chance to win. Go to logosradionetwork.com for details and donate today.
[18:00.400 --> 18:04.960]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
[18:04.960 --> 18:11.120]  Stop debt collectors now with the Michael Meares proven method. Michael Meares has won six cases
[18:11.120 --> 18:15.920]  in federal court against debt collectors and now you can win too. You'll get step-by-step
[18:15.920 --> 18:20.960]  instructions in plain English on how to win in court using federal civil rights statutes.
[18:20.960 --> 18:26.240]  What to do when contacted by phones, mail, or court summons? How to answer letters and phone
[18:26.240 --> 18:30.880]  calls? How to get debt collectors out of your credit reports? How to turn the financial tables
[18:30.880 --> 18:36.960]  on them and make them pay you to go away? The Michael Meares proven method is the solution
[18:36.960 --> 18:41.600]  for how to stop debt collectors. Personal consultation is available as well. For more
[18:41.600 --> 18:46.880]  information, please visit ruleoflawradio.com and click on the blue Michael Meares banner
[18:46.880 --> 18:56.320]  or email MichaelMeares at yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s
[18:56.320 --> 19:01.200]  at yahoo.com to learn how to stop debt collectors next.
[19:26.320 --> 19:42.720]  I'm going to ask the question. Look one again. They don't have an answer. I'm so
[19:42.720 --> 20:02.320]  excited. Okay, we are back. This is the rule of law radio. Randy Kelton. I'm Brett Fountain.
[20:02.320 --> 20:09.280]  And when we went out to sponsors, we were talking about Wood County and Randy, you were telling me
[20:09.280 --> 20:15.360]  I should roll this in with the offenses that they actually took against my wife, roll that in as well
[20:15.360 --> 20:19.600]  and make that part of the tort letter. So I think that's a good idea. I'll go ahead and do that
[20:19.600 --> 20:30.720]  before I hit send. It needs to be ugly. It was ugly. It was completely inappropriate for people
[20:30.720 --> 20:34.880]  that are supposed to be following the law to go that far in the opposite direction.
[20:34.880 --> 20:45.920]  Oh, his tort letter was so good. It's shame on you, shame on you. You ought to be ashamed of
[20:45.920 --> 20:53.520]  yourself for how you've acted and failed to act. It was great. I'm good. Thanks. I'm glad you liked
[20:53.520 --> 21:00.400]  it. I did. There's only one thing I objected to and right at the end where you say you reference
[21:00.400 --> 21:05.200]  a good-faced reliance on calling an authority. I was going to get them to throw a lawyer under
[21:05.200 --> 21:16.160]  the bus for me. Yeah. That's questionable. You got a good point there. I was thinking they can't
[21:16.160 --> 21:20.720]  really do that because they're public officials. You and I could do that, but public officials can't.
[21:21.760 --> 21:28.800]  I'll find another way to say it. You might be right. That might be a good way to say,
[21:28.800 --> 21:34.240]  well, the lawyer told me to do it and get them to throw the lawyer under the bus.
[21:34.240 --> 21:40.560]  And then later we tell them, oh, well, so sad. You don't get to make that claim.
[21:43.200 --> 21:43.680]  Sucker.
[21:48.240 --> 21:54.320]  So that is a good point. But I liked the whole thing. It was you were
[21:54.320 --> 22:04.800]  you were railing and righteous indignation. And it was appropriate. And it should embarrass all of them.
[22:06.560 --> 22:12.400]  Well, this is their seventh. I put making the title be seventh and final notice in demand.
[22:12.960 --> 22:16.400]  And this is the first time I'm saying anything about dollars. I wasn't saying
[22:17.440 --> 22:23.440]  any dollar amounts previously. Just I wanted them to fix this and to address this and to
[22:23.440 --> 22:31.680]  to open up the conversation to mitigate the damage. But they have been completely silent.
[22:32.880 --> 22:38.880]  Six rounds of giving them status updates. And here's what's going on. And you're up to day 73.
[22:38.880 --> 22:48.080]  You're up to day 110. And no answers, no nothing. So this time it's going to have some teeth in it.
[22:48.080 --> 22:56.960]  Good. Big sharp teeth. Bankruptor counting. Gives them reason not to do this again.
[22:58.080 --> 23:01.840]  That's a really good point you brought up a little while ago. You were talking right
[23:01.840 --> 23:11.760]  before we went on the air about all the people that don't that are not able to defend themselves.
[23:11.760 --> 23:16.080]  It's not just me that this is happening to, obviously. They're doing it to other people.
[23:16.080 --> 23:26.560]  And my taking the extra effort to keep on them about this is also for the purpose of
[23:27.520 --> 23:34.800]  not only make them stop mistreating me and my family, but also make them think twice before
[23:34.800 --> 23:42.080]  they ever do something like that again. The number that you charge. We talked about that
[23:42.080 --> 23:49.840]  before the show. The number that you charge. We tend to be rational and reasonable and we try
[23:49.840 --> 23:59.520]  to be fair. So your inclination is to ask for an amount that you consider to be fair.
[24:01.200 --> 24:07.840]  And I want to say, hold on. So they make you personally whole
[24:07.840 --> 24:18.240]  while they're screwing everybody else. Brett happens to be one of those unique individuals
[24:19.600 --> 24:26.160]  who is willing to stand up and take them on. You're about a half a percent of the population.
[24:28.080 --> 24:35.120]  So we have everybody else getting screwed royal. So if you merely ask them to reimburse you for
[24:35.120 --> 24:45.840]  your actual harm, then no problem. I help people with foreclosure issues for several years.
[24:46.880 --> 24:54.160]  And if the banks got hammered big time, no problem. We steal enough from so many people.
[24:55.040 --> 25:03.360]  We can afford it. Small price to pay. These counties are doing the same thing.
[25:03.360 --> 25:11.760]  They're stealing from people every day. They're ruining people's lives every day with absolute
[25:11.760 --> 25:21.520]  disregard. So this ain't about you, Brett. It's not about me. It's about those people out there who
[25:21.520 --> 25:34.000]  can't fight. You can. You have it in you. Not everybody has it in them. Human beings tend to
[25:34.000 --> 25:41.680]  gather together in groups we heard because we're more protected in groups. The reason we're more
[25:41.680 --> 25:46.640]  protected in groups is because in the groups we have a cross section of people who can do all
[25:46.640 --> 25:53.440]  sorts of different things. One person doesn't have to do everything. We have people that are
[25:53.440 --> 25:58.960]  good with handling money. We have people that are good with cooking. We do all of these other
[25:58.960 --> 26:08.800]  things the society needs to keep us self-functioning. And then we have alpha males and sometimes alpha
[26:08.800 --> 26:15.200]  females who like to fight, who can fight whether they like to or not, who have that ability.
[26:15.200 --> 26:22.720]  Well, the ones that like to fight or can fight should not complain and wail against the ones
[26:22.720 --> 26:31.680]  who are not like them. Because if everyone was like you, we would wind up killing ourselves.
[26:33.280 --> 26:39.920]  Tigers. Tigers do not herd. The tiger will raise its coat for two years and kick it out.
[26:39.920 --> 26:45.600]  If it then comes back into the tiger's hunting area, the tiger will kill the cub.
[26:47.200 --> 26:51.120]  We're not like that. Tiger takes care of everything himself.
[26:52.960 --> 27:01.920]  People don't do that. We have a cross, we have a range of abilities and each one does their part.
[27:01.920 --> 27:10.800]  Brett is one who can fight. That's what I do. We fight, but we're a small percentage.
[27:12.000 --> 27:18.720]  But there are all kinds of other necessities that people have that are also small percentages.
[27:20.240 --> 27:26.960]  Just because we can fight, do we disregard everybody who can't? We shouldn't. We do our part
[27:26.960 --> 27:34.960]  and in this regard, Brett's taking these guys on. You should sue them for yourself
[27:36.400 --> 27:45.600]  and all others similarly situated about the number that you claim.
[27:47.600 --> 27:54.560]  So when you claim this number for yourself, then you claim a number for all others similarly
[27:54.560 --> 28:01.120]  situated to give these people reason to not do this again.
[28:04.240 --> 28:11.760]  What would you suggest is a good way to quantify others reasonably similarly situated?
[28:13.200 --> 28:19.520]  I guess you're talking about the class action. What did you call it? The attorney general class
[28:19.520 --> 28:29.920]  action suit? A private attorney general suit. How do you quantify all those others?
[28:30.560 --> 28:37.840]  You look at the harm they did to you and estimate how many other people they've done that to
[28:40.800 --> 28:46.480]  and claim an amount to cover all of them. You asked the court, you asked the court for the jury.
[28:46.480 --> 28:55.280]  You determine how much would it take to give this county and these county commissioners
[28:56.000 --> 29:05.360]  and the local county judges and prosecutors reason to do the job they are paid to do.
[29:06.720 --> 29:13.600]  What would it take to get them to act with dignity and respect for the people who employ them?
[29:13.600 --> 29:22.080]  How much would that take and sue for that amount? When you come in the door, the jury is going to
[29:22.080 --> 29:27.120]  look at the amount you're claiming and the other side is going to say that amount is outrageous
[29:27.120 --> 29:31.200]  and they're going to argue against it. But when the jury closes the door and they start their
[29:31.200 --> 29:35.680]  deliberations, the number they work from is the number you walked in the door with.
[29:36.960 --> 29:42.960]  So you want a good high number when you walk in the door. This is Randy Kelton,
[29:42.960 --> 29:51.040]  Brett Fountain, Wheel of Our Radio. I call in number 512-646-1984 and I am turning on the
[29:52.080 --> 29:56.000]  caller board. So if you have a question or comment, give us a call. We'll be right back.
[30:01.360 --> 30:06.080]  Businesses ask you for a lot of personal information and you may trust them to keep it safe.
[30:06.080 --> 30:10.640]  But it turns out that even the most trusted companies may be unwittingly revealing your
[30:10.640 --> 30:14.320]  secrets. I'm Dr. Katherine Albrecht and I'll be right back with details.
[30:41.280 --> 30:50.000]  Data privacy is a big deal, so nearly every company has a policy explaining how they handle
[30:50.000 --> 30:55.680]  your personal information. But what happens if it escapes their control? It's not an idle question.
[30:55.680 --> 31:01.280]  According to a recent survey, a shocking 90% of U.S. companies admit their security was
[31:01.280 --> 31:06.320]  breached by hackers in the last year. That's one more reason you should trust your searches to
[31:06.320 --> 31:12.400]  StartPage.com. Unlike other search engines, StartPage doesn't store any data on you. They've never
[31:12.400 --> 31:17.040]  been hacked, but even if they were, there would be nothing for criminals to see. The covered would
[31:17.040 --> 31:22.880]  be bare. Too bad other companies don't treat your data the same way. I'm Dr. Katherine Albrecht.
[31:22.880 --> 31:25.920]  More news and information at KatherineAlbrecht.com.
[31:25.920 --> 31:37.840]  I lost my son, my uncle, on September 11, 2001. Most people don't know that a third tower fell
[31:37.840 --> 31:43.120]  on September 11. World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:43.120 --> 31:46.880]  Although the official explanation is that fire brought down Building 7,
[31:46.880 --> 31:52.080]  over 1,200 architects and engineers have looked into the evidence and believed there is more to
[31:52.080 --> 31:58.000]  the story. Bring justice to my son, my uncle, my nephew, my son, go to building what.org.
[31:58.000 --> 32:00.480]  Why it fell, why it matters, and what you can do.
[32:02.160 --> 32:06.160]  Rule of law radio is proud to offer the rule of law traffic seminar. In today's America,
[32:06.160 --> 32:09.520]  we live in a nuz against them society, and if we, the people, are ever going to have a free
[32:09.520 --> 32:13.680]  society, then we're going to have to stand and defend our own rights. Among those rights are
[32:13.680 --> 32:17.280]  the right to travel freely from place to place, the right to act in our own private capacity,
[32:17.280 --> 32:21.920]  and most importantly, the right to due process of law. Traffic courts afford us the least expensive
[32:21.920 --> 32:25.600]  opportunity to learn how to enforce and preserve our rights through due process.
[32:25.600 --> 32:28.720]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:28.720 --> 32:31.840]  has put together the most comprehensive teaching tool available that will help you
[32:31.840 --> 32:35.360]  understand what due process is and how to hold courts to the rule of law.
[32:35.360 --> 32:39.520]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.520 --> 32:42.800]  ordering your copy today. By ordering now, you'll receive a copy of Eddie's book,
[32:42.800 --> 32:47.840]  The Texas Transportation Code, The Law vs. the Lie, video and audio of the original 2009 seminar.
[32:47.840 --> 32:51.760]  Hundreds of research documents and other useful resource material. Learn how to fight for your
[32:51.760 --> 32:55.680]  rights with the help of this material from ruleoflawradio.com. Order your copy today,
[32:55.680 --> 32:58.720]  and together we can have the free society we all want and deserve.
[32:58.720 --> 33:10.560]  Live Free Speech Radio, LogosRadioNetwork.com
[33:29.120 --> 33:34.560]  Stop, be, abuse. Stop this man!
[33:34.560 --> 33:56.560]  When you're gonna stop abuse, you're power, power. When you're gonna stop abuse, you're power.
[33:56.560 --> 34:04.880]  So please, Mr. Michael and each officer have to abuse their power. Send a request to the leader,
[34:04.880 --> 34:12.400]  the captain of all officers. Tell them to uphold the law of please don't abuse their power.
[34:13.040 --> 34:20.320]  The beat and the beat and the cheat and the cheat and the light every hour. So Mr. Officer,
[34:20.320 --> 34:27.040]  please stop abuse and your power. You're gonna be over, I tell you.
[34:27.040 --> 34:33.040]  Okay, we are back. This is the rule of law radio. Randy Kelton, I'm Brett Fountain,
[34:33.040 --> 34:37.680]  and we've got the caller board open here. It's already filling up, and we're gonna go to our
[34:37.680 --> 34:44.400]  first caller is Scott in Texas. Good evening, Scott. How? What do you have for us?
[34:44.400 --> 34:52.720]  Oh, I was listening in on some of the things that were going on, and since today is my birthday,
[34:56.720 --> 35:08.480]  yeah, I'm a whopping 24 years old. Yeah, yeah, we know that story. My mom had a birthday on the 16th
[35:08.480 --> 35:15.440]  to the 15th. And she said, I said, how old you gonna be, mom? She said, I'm gonna be 29.
[35:17.680 --> 35:28.160]  I said, yeah, mom, you're gonna be 29 for the 68th time. She said, it sounded a lot better my way.
[35:28.160 --> 35:35.600]  You know, bring the foil into anything. You're so good at it.
[35:38.720 --> 35:44.640]  Just like the Brett stuff, you know, that private attorney general suit, that always
[35:44.640 --> 35:51.760]  seems to be kind of loose there. I did a lot of research on that stuff myself. And to me,
[35:51.760 --> 36:00.880]  it seems like it would be better to go after them with the declaratory judgment. And while you're
[36:00.880 --> 36:07.520]  gathering evidence, and then you could after that case, then you could file a private attorney general
[36:07.520 --> 36:12.320]  suit and just keep it. Okay, wait, wait, wait, hold on. Hold on, Scott. I think there is a
[36:12.320 --> 36:20.320]  misunderstanding about what a private attorney general suit is. You know, you have a declaratory
[36:20.320 --> 36:27.840]  judgment suit, and you have a civil petition. Any of those can be a private attorney general suit.
[36:29.280 --> 36:39.280]  There is no such thing in law as a suit that is defined as a private attorney general suit.
[36:39.280 --> 36:49.600]  The judges have said that we will allow people to file suit for
[36:51.280 --> 37:03.200]  harm to themselves and all others similarly situated. So, statutorily, that's not a statutory
[37:03.200 --> 37:10.960]  designation. This is just something the courts have agreed to allow people to do. Let's say you
[37:10.960 --> 37:20.560]  get a ticket that in a speedtrap that's absolutely bogus. But the city don't care. We always run
[37:20.560 --> 37:28.960]  the speedtrap. They don't care. You know, $100 ticket. Who's going to spend thousands to go
[37:28.960 --> 37:36.640]  to court to sue over a $100 ticket? So, they can commit this fraud over and over and over.
[37:36.640 --> 37:44.000]  It was like these red light tickets, the red light camera tickets. They've been ruled unconstitutional
[37:44.000 --> 37:51.040]  over and over in the city. You don't care. They run them anyway because eventually somebody will
[37:51.040 --> 37:54.880]  get P.O. and sue them, and they'll have to shut it down. But in the meantime, they make a whole
[37:54.880 --> 38:03.120]  lot of money. So, the courts have said that in order to promote equity, we will allow someone to
[38:03.120 --> 38:10.480]  sue for themselves and all others similarly situated. And we will call that a private attorney
[38:10.480 --> 38:20.960]  general suit. But it's just something a label, the courts put on that. It really has no statutory
[38:20.960 --> 38:28.000]  substance. Does that make sense? Yeah, but isn't it called a quietam? No, quietam is different.
[38:28.720 --> 38:38.160]  Quietam is where generally quietam goes to a whistleblower. In order to do a quietam suit,
[38:38.160 --> 38:45.120]  you have to have inside information where you know that someone has defrauded the government.
[38:45.120 --> 38:56.480]  And you can sue to recover what the government has been defrauded from. When you file suit,
[38:56.480 --> 39:05.040]  you file a quietam action, the government can come in and take over the lawsuit. If the government
[39:05.040 --> 39:13.920]  takes over the lawsuit, then whatever the government recovers, you get 15%. If the government does
[39:13.920 --> 39:21.920]  not take over the lawsuit, then whatever you recover, you get 25%. That's a quietam action.
[39:21.920 --> 39:30.560]  A quietam is almost always specifically whistleblower. And it takes someone with inside
[39:30.560 --> 39:36.960]  knowledge to be able to do a quietam. I could sue a quietam. It would go straight to a P
[39:36.960 --> 39:46.800]  and P3 general suit. Wait a minute. Hold on. You're over your record. You're distorting the mic.
[39:46.800 --> 39:52.800]  Can you move the mic down by your chin or something? Is that better? Oh, much better.
[39:54.080 --> 40:00.000]  Okay. Yeah, I thought that quiet, because I did, like I said, I have some paperwork on it
[40:00.000 --> 40:05.120]  somewhere, but I could have sworn that the quietam could be used because it's exactly what you're
[40:05.120 --> 40:12.720]  talking about. You start the quietam motion and neither the attorney general could step in and take
[40:12.720 --> 40:20.640]  over the action. And if they didn't take over the action, you could actually list them as, you know,
[40:22.240 --> 40:27.840]  in the quietam as part of the party that's defrauding you or whatever your action is.
[40:27.840 --> 40:39.840]  But the quietam is specifically a suit for the purpose of recovering funds of which the
[40:39.840 --> 40:48.240]  government has been defrauded. Okay. And the suits we're doing are similar to a quietam,
[40:48.240 --> 40:59.520]  but it's a private attorney general. So we can recover the amounts defrauded of private citizens.
[41:00.640 --> 41:07.840]  So you're right in that they are the same kind of action, but quietam is specifically for
[41:08.480 --> 41:14.640]  defrauding the government. Private attorney general is for defrauding the public in general.
[41:14.640 --> 41:21.600]  Okay. Well, maybe I was confused on it. I'd have to research a little bit more,
[41:21.600 --> 41:27.120]  but you're probably right, because you generally are. So anyway, we have a system.
[41:27.120 --> 41:35.280]  Okay. You know, that's because I am a fart smeller and a deep stinker. Everybody says so.
[41:35.280 --> 41:48.480]  Especially my wife. Yeah. Well, that was just my opinion is to start one action
[41:48.480 --> 41:53.520]  and then buttress it up with another action right behind it. So you really wear an amount
[41:53.520 --> 41:59.600]  constantly. So you think start out with a declaratory judgment because then you can go
[41:59.600 --> 42:06.560]  ahead and get resjudicata without all of the restrictions or hindrances against discovery
[42:06.560 --> 42:11.760]  or things like that. Well, actually you would almost be simultaneous. So you started declaratory
[42:11.760 --> 42:18.400]  judgment and then start your private attorney general suit. And then let the, as the declaratory
[42:18.400 --> 42:22.560]  runs through your gathering evidence with that, it's you because they'll stall you out on the
[42:22.560 --> 42:29.920]  power company, uh, attorney's suit and however you want to state it, but they'll stall you out smooth
[42:29.920 --> 42:35.600]  on it while you're sitting there getting evidence on the declaratory judgment, which if you could
[42:35.600 --> 42:41.120]  get a ruling on that and take that in there to the private attorney general suit, man,
[42:41.120 --> 42:45.680]  you really got their attention now. Yeah. Let me explain that a little bit.
[42:45.680 --> 42:52.960]  But if you have a suit you want to file you of this type where you're taking on a governmental
[42:52.960 --> 43:02.000]  agency, you want to be able to say that they violated some law, rule or restriction.
[43:03.600 --> 43:09.040]  And because they violated this law, rule or restriction, they should pay you all this money.
[43:09.040 --> 43:17.200]  So in, in this strategy, before you go in there asking for all this money, you go in and say,
[43:17.840 --> 43:24.640]  the law says they're supposed to do this thing, but they did this other thing and asked the court
[43:24.640 --> 43:30.320]  to rule when the law said they were supposed to do this thing. Did the law intend that they
[43:30.320 --> 43:37.840]  do this thing? You're not asking for any damages. You're just asking, does the law mean what it says
[43:37.840 --> 43:43.840]  and asks the court to give you a ruling? When you get that ruling, it becomes restuticata.
[43:44.480 --> 43:49.600]  Now, when you do the lawsuit, the fact that they did it wrong has already been ajudicated.
[43:49.600 --> 43:53.840]  Hang on. Go on a break. Randy Kelton, Brett Fountain,
[43:53.840 --> 43:56.400]  Debra Stevens, we're on radio. We'll be right back.
[44:00.000 --> 44:04.880]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. I'm so
[44:04.880 --> 44:09.600]  addicted to the truth now that there's no going back. I need my truth fit. I'd be lost without
[44:09.600 --> 44:14.400]  logos, and I really want to help keep this network on the air. I'd love to volunteer as a show
[44:14.400 --> 44:19.040]  producer, but I'm a bit of a Luddite, and I really don't have any money to give because I spend it
[44:19.040 --> 44:24.720]  all on supplements. How can I help logos? Well, I'm glad you asked. Whenever you order anything
[44:24.720 --> 44:30.080]  from Amazon, you can help logos. But ordering your supplies or holiday gifts, first thing you do
[44:30.080 --> 44:36.880]  is clear your cookies. Now, go to logosradio network.com. Click on the Amazon logo and book
[44:36.880 --> 44:43.200]  market. Now, when you order anything from Amazon, you use that link and logos gets a few pesos.
[44:43.200 --> 44:47.520]  Do I pay extra? No. Do you have to do anything different when I order? No.
[44:47.520 --> 44:53.760]  Can I use my Amazon pride? No. I mean, yes. Wow. Giving without doing anything or spending any
[44:53.760 --> 44:59.920]  money. This is perfect. Thank you so much. We are welcome. Happy holidays, logos.
[45:01.040 --> 45:05.920]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney
[45:05.920 --> 45:11.920]  with jurisdictionary. The affordable, easy to understand four CD course that will show you
[45:11.920 --> 45:19.200]  how in 24 hours, that's by step. If you have a lawyer, know what your lawyer should be doing.
[45:19.200 --> 45:24.800]  If you don't have a lawyer, know what you should do for yourself. Thousands have won with our step
[45:24.800 --> 45:32.240]  by step course and now you can too. Jurisdictionary was created by a licensed attorney with 22 years
[45:32.240 --> 45:38.240]  of case winning experience. Even if you're not in a lawsuit, you can learn what everyone should
[45:38.240 --> 45:44.160]  understand about the principles and practices that control our American courts. You'll receive our
[45:44.160 --> 45:52.240]  audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
[45:52.240 --> 46:16.320]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[46:22.240 --> 46:26.320]  Back to the room and put your purpose as we done.
[46:26.320 --> 46:32.160]  Like a Santa on the soldier, a warrior off the clock, scuffle and they keep his knees.
[46:32.160 --> 46:37.680]  All they're taking in the misunderstanding is somebody calls the police.
[46:37.680 --> 47:01.760]  Watching the spotlight, watching the spotlight, watching the spotlight.
[47:01.760 --> 47:23.600]  Okay, we are back. This is the rule of law radio, Randy Kelton, I'm Brett Fountain,
[47:23.600 --> 47:28.160]  and we're talking with Scott in Texas. Scott, you got some really good points there.
[47:28.160 --> 47:35.520]  What else do you have for us? Hold on, Scott, let me get this thing. There we go. Go ahead, Scott.
[47:35.520 --> 47:43.520]  Okay, one other thought I was thinking is what about following that declaratory judgment in
[47:43.520 --> 47:51.680]  like a JP court in a really low, low court? And then, you know, because we'd always have to work
[47:51.680 --> 47:58.000]  them up through the system anyway, but see if you could get a lower, a real low kind of court like
[47:58.000 --> 48:05.040]  that to make a ruling on it. That would be something I always thought, like, man, how come
[48:05.040 --> 48:10.080]  we couldn't get these lower courts to make a ruling? Because that would really flow away
[48:10.080 --> 48:15.200]  at district court when you start walking in there or, you know, anything. And, you know,
[48:15.200 --> 48:22.080]  you got this ruling from a little low JP judge. I was just wondering if they would even take it.
[48:24.800 --> 48:30.640]  What do you think? That sounds pretty interesting. And it's kind of like, it reminds me of Goliath.
[48:31.840 --> 48:36.800]  Yeah, let me go get one of these smooth stones from a JP court.
[48:36.800 --> 48:47.840]  Let me address that slightly. A petition for declaratory judgment is a petition for a ruling
[48:47.840 --> 48:54.400]  on a fine point of law. And it may only be filed in a district court.
[48:57.280 --> 49:02.800]  Filing it with a JP or a municipal judge, the JP or municipal judge, those are
[49:02.800 --> 49:10.960]  inferior courts. And it's called an inferior court because the judge does not necessarily
[49:10.960 --> 49:20.480]  have to be a lawyer, or does not have to have been a lawyer. In a county, district,
[49:21.200 --> 49:28.800]  or any appellate, all these other courts, the judges must have had a bar card. When they become
[49:28.800 --> 49:34.400]  a judge, they give up the bar card because they stop practicing. Otherwise, they would create
[49:34.400 --> 49:41.520]  conflicts of interest. But they have to be learned at council. The JP and municipal are called
[49:41.520 --> 49:49.840]  inferior courts because they're presided over by laypersons. It's not that the courts are
[49:49.840 --> 49:55.840]  themselves inferior, but they are not presided over by lawyers. So it would be inappropriate
[49:55.840 --> 50:04.080]  to ask an inferior court judge to make a ruling on a fine point of law. Does that make sense?
[50:05.280 --> 50:07.840]  Yeah, thanks for throwing cold water all over that one.
[50:08.800 --> 50:19.280]  You're welcome. Once you think about it, it all kind of makes sense. We're asking for a specific
[50:19.280 --> 50:27.040]  ruling on point of law. And while we don't have to go to the Court of Appeals for that,
[50:27.040 --> 50:36.880]  that's normally where we get those. This Declaratory Judgment Act allows us to go to a
[50:38.640 --> 50:46.080]  district court, the next thing to the appellate court for a declaratory judgment.
[50:46.080 --> 50:49.840]  But it's very specific to law and therefore takes a lawyer.
[50:52.640 --> 50:59.280]  Well, okay. Fine. Thank you very much. That's all I got. But it's okay. I mean, it's great.
[51:00.160 --> 51:09.360]  This is what judges like to do the most. You go into court and you got this issue,
[51:09.360 --> 51:14.080]  that dirty rotten scoundrel over there. And that guy says, no, no, I'm not the dirty rotten scoundrel.
[51:14.080 --> 51:18.880]  He's the dirty rotten scoundrel. The judge has heard this a thousand times.
[51:20.160 --> 51:29.280]  Boring, boring. He sits there and he's got to listen to this stuff. Same thing back and forth.
[51:29.280 --> 51:39.360]  Blah, blah, blah. If you want a judge to take an interest in your case, you have to ask the judge
[51:39.360 --> 51:49.040]  to give me a ruling on a fine point of law. And best to ask him to give you a, give a ruling
[51:49.680 --> 51:58.480]  that's not very common. That the judge has to actually look at the law, look at the issues,
[51:59.280 --> 52:07.360]  and figure out how to fit a proper ruling within these facts and law. That's what judges are
[52:07.360 --> 52:13.840]  therefore, that's what they like to do. They don't want to hear this boring, boring,
[52:15.360 --> 52:20.560]  wake me up when you're done whining and complaining. They want something interesting.
[52:22.480 --> 52:31.840]  So when I go for these, I'm always looking for a ruling that if they, the judge gives a ruling
[52:31.840 --> 52:40.800]  against me and I take this to the court of appeals and the court of appeals agrees with the judge,
[52:41.760 --> 52:51.760]  it will disrupt the court, the corpus juris. It will cause a problem that other lawyers can then
[52:51.760 --> 52:57.840]  exploit to the benefit of their clients. And eventually the court of appeals will have to come
[52:57.840 --> 53:07.360]  back and distinguish the, the ruling they gave or overturn the ruling they gave to keep the ruling
[53:07.360 --> 53:17.680]  from disrupting the body of law trial judge. He's there to get rid of these cases. The court of
[53:17.680 --> 53:26.960]  appeals is there to protect the sanctity of the body of law. They can't allow trial judges
[53:26.960 --> 53:35.920]  to render rulings that will screw up the legal system. Their purpose, they have a different
[53:35.920 --> 53:42.880]  agenda than the trial court judge does. And they're there to give direction to the trial judge,
[53:42.880 --> 53:50.800]  Harman Taylor. He used to say, read the rulings, listen to these judges. They're always trying
[53:50.800 --> 53:58.720]  to teach you. The judge will, you know, I've heard process complain about the judge telling
[53:59.280 --> 54:04.240]  the opposing party what was wrong with their pleadings. And he said, wasn't he being a,
[54:04.960 --> 54:09.280]  you see on their side, he's trying to help them out. Yeah, that's exactly what he's doing.
[54:11.120 --> 54:18.800]  But he does that to both sides. He tells both sides, if you want the ruling that you want,
[54:18.800 --> 54:28.320]  this is what you have to give me. He tells both sides. So they bring him the best law.
[54:29.520 --> 54:37.200]  And then he will take the best law from both sides and determine how the law should be applied
[54:37.200 --> 54:45.520]  with this particular fact set. That's what judges like to do. That's when they're really being
[54:45.520 --> 54:52.640]  judges and not just sitting here being a referee. They don't want to be referees. They get
[54:52.640 --> 55:01.760]  tired of being referees. Give them a hard question. Eddie Craig, he comes up with these hard questions.
[55:03.760 --> 55:13.200]  Judges would love these kinds of issues where they have to go inside and drag out the cobwebs,
[55:13.200 --> 55:20.320]  all that law they've accumulated over these years and find a really interesting and innovative
[55:21.200 --> 55:29.920]  way to find a just adjudication in this case. That's what I like to do. Brett, you're a programmer.
[55:31.440 --> 55:35.840]  Do you like writing the same routines over and over? I wouldn't be any fun.
[55:35.840 --> 55:44.160]  Do you like it when somebody comes to you and asks you, can you do this? It's definitely
[55:44.160 --> 55:51.600]  more interesting to be able to produce something that other people can't do or it hasn't been done
[55:51.600 --> 56:00.160]  or not so efficiently or somehow be innovative about it. That's true. That's exactly what the
[56:00.160 --> 56:07.360]  judge wants to do. If you give him something where he could be a real judge, you're more likely to
[56:07.360 --> 56:17.280]  get a ruling in your favor. Ask hard questions. Look for questions where the judge looks at it and
[56:17.280 --> 56:26.240]  says, if I rule against this guy, I lay the groundwork for a disruption of the jurisprudence.
[56:26.240 --> 56:35.360]  So I had to figure out how to do this. I want him to also be thinking, and I guess this guy might
[56:35.360 --> 56:42.640]  just come after me for not properly applying a lot of the facts. He might just come chase me down.
[56:44.560 --> 56:50.720]  That is exactly something I'm hoping we can get in the mainstream.
[56:50.720 --> 56:58.160]  That's where when you put in your lawsuit, attach verified criminal after David's
[56:58.160 --> 57:07.840]  inside the suit and sell the exhibit. Scott is one of the few that really understood and embraced
[57:07.840 --> 57:16.480]  that. Most people are terrified of filing criminal charges. They think there's potentially some
[57:16.480 --> 57:22.080]  horrible retribution that can come back on them. Oh, it's going to stir up the waters. I don't want
[57:22.080 --> 57:28.480]  to make waves. It'll make him mad at me. Scott, how do you feel about him being mad at you?
[57:29.280 --> 57:38.240]  I love it. Exactly. Scott found it out and he became their worst nightmare.
[57:38.240 --> 57:48.480]  He did not care if they're a P.O.'s at him. The last guy wrote him a ticket. Scott has the lawsuit
[57:49.200 --> 57:55.440]  filed and came to the police station and gave him a copy of the lawsuit before the cop got off his
[57:57.280 --> 58:04.400]  rounds off his day of work. He comes to the station and there's Scott coming out after
[58:04.400 --> 58:11.200]  David noticed the suit he filed against him. This is how we get these guys straight out.
[58:12.080 --> 58:17.520]  Doesn't matter if you win or lose at the end of the day. You give them a fight they won't
[58:17.520 --> 58:26.640]  believe and they're not going to want to go there again. After we're about to go to the sponsors,
[58:26.640 --> 58:30.640]  but I wanted to ask you one more question if you wouldn't mind holding on there because
[58:30.640 --> 58:36.480]  I wanted to ask you about any suggestions you have. Input, because you've done a lot of these
[58:36.480 --> 58:44.720]  suits. Input as to how would I calculate the others to be similarly situated.
[58:45.520 --> 58:47.920]  All right, we're going to go to sponsors. We'll be right back.
[58:50.240 --> 58:55.840]  The Bible remains the most popular book in the world. Yet countless readers are frustrated
[58:55.840 --> 59:01.840]  because they struggle to understand it. Some new translations try to help by simplifying the text,
[59:01.840 --> 59:06.000]  but in the process can compromise the profound meaning of the Scripture.
[59:06.960 --> 59:13.440]  Enter the recovery version. First, this new translation is extremely faithful and accurate,
[59:13.440 --> 59:19.520]  but the real story is the more than 9,000 explanatory footnotes. Difficult and profound
[59:19.520 --> 59:25.440]  passages are opened up in a marvelous way, providing an entrance into the riches of the word beyond
[59:25.440 --> 59:31.200]  which you've ever experienced before. Bibles for America would like to give you a free recovery
[59:31.200 --> 59:37.680]  version simply for the asking. This comprehensive yet compact study Bible is yours just by calling
[59:37.680 --> 59:50.000]  us toll free at 1-888-551-0102 or by ordering online at freestudybible.com. That's freestudybible.com.
[59:50.000 --> 59:59.040]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.640 --> 01:00:04.560]  The following news flash is brought to you by The Lone Star Lowdowns.
[01:00:06.400 --> 01:00:13.120]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[01:00:13.120 --> 01:00:20.960]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel,
[01:00:20.960 --> 01:00:29.280]  Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52,
[01:00:29.280 --> 01:00:45.440]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:46.080 --> 01:00:52.560]  In history the year 1916 the preparedness day bombing a time suitcase bomb was detonated
[01:00:52.560 --> 01:00:58.240]  on Market Street in San Francisco during the World War I preparedness day parade killing 10
[01:00:58.240 --> 01:01:07.600]  and injuring 40 today in history. In recent news since Governor Greg Abbott signed House bill
[01:01:07.600 --> 01:01:13.280]  1325 legalizing HEP and attacks his law back in June county prosecutors around the state including
[01:01:13.280 --> 01:01:17.520]  Houston, Austin, and San Antonio have been dropping marijuana possession charges and even
[01:01:17.520 --> 01:01:22.400]  refusing to file new ones since they are stipulating that they do not have the time or the laboratory
[01:01:22.400 --> 01:01:27.600]  equipment to test the herb for THC. Margaret Moore the Travis County District Attorney announced
[01:01:27.600 --> 01:01:32.560]  earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:32.560 --> 01:01:37.200]  because of the law. Mr. Abbott and other state officials including the attorney general stipulated
[01:01:37.200 --> 01:01:42.240]  in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.240 --> 01:01:48.480]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as well
[01:01:48.480 --> 01:01:55.040]  as other cities too like the district attorney in El Paso, Cayma Esparza a Democrat who also
[01:01:55.040 --> 01:01:59.840]  stated earlier this month that the law quote will not have an effect on the prosecution of
[01:01:59.840 --> 01:02:05.200]  marijuana cases in El Paso. However the issue was succinctly summarized by Mr. Brandon Ball
[01:02:05.200 --> 01:02:10.320]  an assistant public defender in Harris County who stated that quote the law is constantly changing
[01:02:10.320 --> 01:02:14.640]  on what makes something illegal based on its chemical makeup. It's important that if someone
[01:02:14.640 --> 01:02:24.240]  is charged with something the test matches what they're charged with. A paper by Tulane University
[01:02:24.240 --> 01:02:29.360]  identified a five and a half inch American pocket shark as the first of its kind in the Gulf of
[01:02:29.360 --> 01:02:35.360]  Mexico the specimen being only the second pocket shark ever captured or recorded with the other
[01:02:35.360 --> 01:02:40.640]  one being found way back in 1979 in the East Pacific Ocean. According to the university paper
[01:02:40.640 --> 01:02:47.600]  the shark secretes a luminous fluid from a gland near its front fins for the purpose it is hypothesized
[01:02:47.600 --> 01:02:58.160]  to lure and prey who may be drawn into the glow. This was work roadie of the lowdown for July 22nd 2019.
[01:03:47.920 --> 01:04:17.440]  okay we are back this is the rule of law radio on this Thursday the 24th of October
[01:04:17.440 --> 01:04:27.840]  2019 and I'm Brett Fountain we're here talking with Scott in Texas and Scott when we went out
[01:04:29.600 --> 01:04:37.520]  I was asking if you would maybe have some input about with all the suits that you've been doing
[01:04:37.520 --> 01:04:44.000]  maybe you have some thoughts about how do you calculate what's a reasonable number of people
[01:04:44.000 --> 01:04:49.840]  that would effectively become a multiplier when considering this private attorney general action
[01:04:51.520 --> 01:04:56.880]  my thoughts are that we probably are going to be limiting it to a statute of limitations so
[01:04:56.880 --> 01:05:05.760]  there's a time frame but how do you come up with what what do you do well here's kind of a caveat
[01:05:05.760 --> 01:05:13.760]  in your situation because if you're wanting to do somebody in a private system in a similar situation
[01:05:13.760 --> 01:05:22.000]  as here well guess what you have the most eyeball situation on the planet if it was a speeding ticket
[01:05:22.000 --> 01:05:28.160]  you guys you know throw jail over a speeding ticket then to get you know do an information
[01:05:28.160 --> 01:05:34.800]  request for the past four months and then just find out all the people that got a speeding ticket
[01:05:34.800 --> 01:05:39.680]  and then you could just say okay there was x amount of people in a quarter and it got speeding
[01:05:39.680 --> 01:05:46.240]  tickets and you would have a good average to run off of but with you you got arrested for
[01:05:46.960 --> 01:05:54.800]  no warrant no reason no nothing and how many people are in the same similar situation as you
[01:05:55.440 --> 01:05:59.760]  Steve bro that's a good point I hadn't thought of it like that
[01:05:59.760 --> 01:06:11.040]  all right that really that really that really brings up some really odd situations because
[01:06:11.040 --> 01:06:18.160]  talk about due process violations out the wazoo so you know and I was sitting there thinking
[01:06:18.160 --> 01:06:23.120]  you know in that declaratory judgment if you really want to wind that judge up tight
[01:06:23.120 --> 01:06:30.000]  follow the criminal after david's in that too and you know say here I'm picking on due process
[01:06:30.000 --> 01:06:33.760]  and here's the crimes that were committed and here's criminal after david's to back it up
[01:06:35.360 --> 01:06:44.800]  now we do well they've already got criminal after david's been filed against them all all of those
[01:06:44.800 --> 01:06:53.520]  guys I know I want to bring it into a lawsuit now it's the whole it gets tangled up even deeper
[01:06:53.520 --> 01:06:58.080]  now because they just take those criminal complaints and just bought them up in the trash
[01:06:58.640 --> 01:07:05.920]  now you get to file it put it all on the record that's when things are going to start changing
[01:07:05.920 --> 01:07:12.560]  because it's for public display all these people can go read it and then you can start walking down
[01:07:12.560 --> 01:07:18.800]  the code and just blasting them out of the water where they're going wrong on everything from
[01:07:18.800 --> 01:07:24.480]  six ways from sunday and have some criminal after david's written up really nice and tight
[01:07:25.040 --> 01:07:30.400]  but you're seeing it all up and say here here's this is all for the world to read I'm
[01:07:30.400 --> 01:07:34.880]  following this now judge what you're gonna do it's a haul into your court buddy
[01:07:34.880 --> 01:07:45.680]  no pun intended yeah so tied a big nice pretty noose and hanging around his neck and letting
[01:07:45.680 --> 01:07:56.000]  wear it that does sound good well thanks for the input thanks for your call anything else on your
[01:07:56.000 --> 01:08:03.280]  mind no no no I'm sure you have some other call or so I'll let y'all go and uh y'all have a good
[01:08:03.280 --> 01:08:11.840]  leave yeah and I just wanted to comment that scott always has a lot on his mind the problem is
[01:08:11.840 --> 01:08:27.520]  isn't it it's an empty lot okay thank you very much okay well thank you scott and with that
[01:08:27.520 --> 01:08:34.080]  we're going to go to our next caller which is james in texas james good evening to you
[01:08:34.640 --> 01:08:41.040]  what do you have for us what are you doing well this is kind of weird um everything I kind of
[01:08:41.040 --> 01:08:48.000]  wanted to talk about y'all have talked about tonight um even with scott and randy I gotta say
[01:08:48.000 --> 01:08:59.680]  uh it's got too hard time when you sent my uh email address to him he responded right away
[01:09:00.960 --> 01:09:10.800]  and gave me exactly what I asked for within a half hour and Brett I appreciate you uh
[01:09:10.800 --> 01:09:17.440]  uh you know I asked for your your contact information last week and when I hung up two
[01:09:17.440 --> 01:09:25.200]  minutes later I get a text from him and I thought what kind of witchery is this and then I realized
[01:09:25.200 --> 01:09:42.560]  oh he probably had my phone number so um I've got some uh I've got y'all know I got my behind the last
[01:09:42.560 --> 01:09:48.960]  week um appeal how long do you have to file a notice of appeal
[01:09:48.960 --> 01:09:57.360]  well I don't know uh there are some courts the ones that I've been dealing with you have
[01:09:58.000 --> 01:10:07.520]  10 days and then there's uh but if you can extend your your time let's see it's 10 days there's a
[01:10:07.520 --> 01:10:12.880]  30 day window and you can stretch it to 90 if you follow your notice of appeal within your
[01:10:13.520 --> 01:10:17.920]  within the first I think it's 10 days I'm going to go back and look that up for you
[01:10:17.920 --> 01:10:27.280]  um filing it timely extends your your appellate deadline from 30 days to 90 days
[01:10:28.800 --> 01:10:33.280]  yeah I didn't do that within 10 days I've had some things going on with
[01:10:34.880 --> 01:10:44.000]  okay hold on hold on family issues but notice of appeal notice of appeal is a document that says
[01:10:44.000 --> 01:10:54.560]  that I hereby give the court notice of my intention to appeal period that's all that is
[01:10:55.920 --> 01:11:03.680]  and that's what you've done and didn't do if you file that the first day and then the second day
[01:11:03.680 --> 01:11:12.000]  you file a request for finding the fact and conclusions at all the notice of appeal simply
[01:11:12.000 --> 01:11:21.680]  gets put on hold until it is time limit you've made the requirements you were in the time limit
[01:11:22.960 --> 01:11:31.200]  so if something else stops it a motion for reconsideration then a they deny it then a
[01:11:31.200 --> 01:11:38.080]  request for findings affecting conclusions at law and they deny that a petition for for
[01:11:38.080 --> 01:11:46.960]  written mandamus and it holds it up again when it becomes ripe that in european your notice is
[01:11:46.960 --> 01:11:56.800]  already in well james and this is it hasn't been 30 days yet has it no I've got till the night
[01:11:58.480 --> 01:12:04.400]  so let's run this by Randy but it seems like you ought to be able to file a motion
[01:12:04.400 --> 01:12:13.920]  in that same court to modify correct or reform that bad judgment and that post judgment motion
[01:12:13.920 --> 01:12:21.520]  of yours will kick the deadline from 30 days to 90 days the fact that you're asking them to fix
[01:12:21.520 --> 01:12:29.200]  their problem fix their error I believe that's in uh let's see Texas rules of civil procedure
[01:12:29.200 --> 01:12:38.800]  329 b as in bravo and it is subsection a okay and it doesn't matter how crappy your pleading is
[01:12:40.400 --> 01:12:47.200]  if you file a request for modification and it's totally nonsense the other guy's gonna say
[01:12:47.200 --> 01:12:52.640]  this is a bunch of crap oh it's a bunch of nonsense but it still stops the clock
[01:12:52.640 --> 01:12:59.280]  okay point it point is if you're late on a pleading the motion or pleading
[01:13:00.480 --> 01:13:08.720]  file it we just filed one in Georgia I sent it to the guy to to read over and he filed it
[01:13:10.080 --> 01:13:19.200]  the guys the the guy we're complaining about his name is gotowski and I didn't remember exactly
[01:13:19.200 --> 01:13:24.880]  how to spell it so I just put in chump kowski and he filed it
[01:13:27.920 --> 01:13:35.440]  chump kowski this and chump kowski that oh that was funny and then we filed a
[01:13:36.320 --> 01:13:48.800]  a nuns protonk admitted motion nuns protonk that's a latin term for meaning a minor error
[01:13:48.800 --> 01:13:57.040]  not of substance the guy spells a name wrong he you know you get some minor error in the pleading
[01:13:57.760 --> 01:14:04.480]  that doesn't go to the substance of the pleading that's a nuns protonk so he filed an amended
[01:14:04.480 --> 01:14:14.160]  pleading nuns protonk oh oops that was a wrong pleading but the the point is you file something
[01:14:14.160 --> 01:14:23.520]  even if it's trash file it because it covers the time limit well but here's my point I did not
[01:14:23.520 --> 01:14:31.600]  file notice of appeal within 10 days did you file what court was it generally that's only a
[01:14:31.600 --> 01:14:43.680]  other municipal or jp as you move up you get more time yeah that was a jp court okay now i did
[01:14:44.320 --> 01:14:51.760]  when talking okay okay you got you got one saving grace but did you challenge the subject matter
[01:14:51.760 --> 01:15:05.280]  jurisdiction of this court yes sir all right pleading now file then you can file a challenge to
[01:15:05.280 --> 01:15:16.560]  the subject matter jurisdiction no you can't well subject matter jurisdiction can be challenged at
[01:15:16.560 --> 01:15:30.880]  any point you know but you already challenged it now you have to figure out how to dance around that
[01:15:30.880 --> 01:15:36.720]  one well maybe the the findings in fact and conclusions of law even though it doesn't
[01:15:36.720 --> 01:15:45.680]  specifically say that the the justice a jp has to produce it and and james by the way i'm looking at
[01:15:45.680 --> 01:15:53.600]  texas rules of civil procedure 296 and 297 yes also i understand that if you look at i'm sorry
[01:15:55.040 --> 01:16:06.320]  no go ahead also if you look at um the texas rules of appellate procedure in rule 34.5
[01:16:07.840 --> 01:16:14.640]  the gist of that is saying that if you're trying to appeal you've got to have the appellate record
[01:16:14.640 --> 01:16:20.240]  and if you demand that they produce the findings and conclusions then that's what you need and if
[01:16:20.240 --> 01:16:26.320]  they don't produce it then that's that's a problem that they they need to correct um
[01:16:27.600 --> 01:16:40.400]  the problem that way wait that is an interesting perspective okay the district court is required
[01:16:40.400 --> 01:16:48.320]  to produce findings of fact and conclusions in law but the county court and the municipal
[01:16:48.320 --> 01:16:53.760]  and justice court is not required to produce findings of fact and conclusions unless you
[01:16:53.760 --> 01:17:01.440]  demand it well even if we go to our sponsor here so we'll be right back are you being harassed by
[01:17:01.440 --> 01:17:07.440]  debt collectors with phone calls letters or even lawsuits stop debt collectors now with the michael
[01:17:07.440 --> 01:17:12.720]  mirris proven method michael mirris has won six cases in federal court against debt collectors
[01:17:12.720 --> 01:17:18.000]  and now you can win too you'll get step-by-step instructions in plain english on how to win
[01:17:18.000 --> 01:17:24.320]  in court using federal civil rights statute what to do when contacted by phone mail or court summons
[01:17:24.320 --> 01:17:28.960]  how to answer letters and phone calls how to get debt collectors out of your credit report
[01:17:28.960 --> 01:17:34.880]  how to turn the financial tables on them and make them pay you to go away the michael mirris proven
[01:17:34.880 --> 01:17:40.320]  method is the solution for how to stop debt collectors personal consultation is available
[01:17:40.320 --> 01:17:45.600]  as well for more information please visit rule of law radio dot com and click on the blue michael
[01:17:45.600 --> 01:17:52.400]  mirris banner or email michael mirris at yahoo dot com that's rule of law radio dot com or email
[01:17:52.400 --> 01:18:05.840]  michael mirris at yahoo dot com to learn how to stop debt collectors now it's the 2019 logo's radio
[01:18:05.840 --> 01:18:11.120]  network annual fundraiser and gun giveaway sponsored by central texas gunworks go to
[01:18:11.120 --> 01:18:16.720]  logo's radio network dot com and enter to win any amount is appreciated everything helps to
[01:18:16.720 --> 01:18:23.120]  keep us on the air from central texas gunworks the grand prize up for grabs is a spikes tactical
[01:18:23.120 --> 01:18:30.160]  ar 15 more prizes and sponsors to be announced every 25 dollar donation is a chance to win
[01:18:30.160 --> 01:18:36.560]  when you purchase randy kelton's ebook legal 101 you get four chances to win purchase eddie craig's
[01:18:36.560 --> 01:18:42.320]  traffic seminar and get 10 chances to win if you've enjoyed the shows on logo's radio network
[01:18:42.320 --> 01:18:47.760]  support our fundraiser so we can keep bringing you the best quality programming on talk radio
[01:18:47.760 --> 01:18:54.320]  today we also accept bitcoin and other cryptocurrencies and remember every 25 dollar donation is a
[01:18:54.320 --> 01:18:59.360]  chance to win go to logos radio network dot com for details and donate today
[01:18:59.360 --> 01:19:09.360]  this is the logos logo radio network
[01:19:15.120 --> 01:19:19.360]  ain't gonna blind me
[01:19:20.640 --> 01:19:23.360]  don't want me
[01:19:23.360 --> 01:19:27.360]  well
[01:19:31.360 --> 01:19:40.080]  ain't gonna fool me with that same old trick again i was blindsided but now i can see your
[01:19:43.680 --> 01:19:50.400]  okay james we are back randy kelton rule our radio i'm sorry i said james first i should have said
[01:19:50.400 --> 01:19:58.880]  james i'm getting confused okay james uh brett's looking up some law and when we went out
[01:20:00.400 --> 01:20:12.720]  we were talking about due process you know something we tend to miss is i was in highland park
[01:20:12.720 --> 01:20:19.840]  over a traffic issue and they called me up and i refused to talk to persecutor told him i really
[01:20:19.840 --> 01:20:24.480]  need talk to the judge he said okay the judge called me up and asked me how i plead i said i'm not
[01:20:24.480 --> 01:20:32.240]  here to plead i want an examining trial well mr kelton you don't have a right to an examining
[01:20:32.240 --> 01:20:38.880]  trial in a misdemeanor i said uh so what what's that got to do with anything and the judge was
[01:20:38.880 --> 01:20:49.280]  kind of taking a back and i explained to him that 14.06 texas code crime procedure requires
[01:20:49.280 --> 01:20:59.680]  that if a person arrests a citizen for an on-site offense he is required to take the person directly
[01:20:59.680 --> 01:21:07.840]  to the nearest magistrate and the magistrate is required to hold an examining trial that goes to
[01:21:07.840 --> 01:21:16.160]  due process while i may not have a statutory right to an examining trial in a misdemeanor
[01:21:16.160 --> 01:21:25.360]  i do have a right to due process and if if due process includes an examining trial then i have
[01:21:25.360 --> 01:21:34.960]  a right to examine trial and after the hearing the judge said mr kelton in my day job i represent
[01:21:34.960 --> 01:21:40.720]  criminal clients and we've been trying to get examining trials for our clients in
[01:21:40.720 --> 01:21:46.640]  in a class b and a and b misdemeanors and the judge had been to deny him because the same
[01:21:46.640 --> 01:21:52.800]  we don't have a right to him he said i could use this argument in my practice
[01:21:55.040 --> 01:22:00.960]  there are a lot of things like that in law law is really complex that's really good to hear so
[01:22:00.960 --> 01:22:06.160]  judge says that and that means that he values the conclusion that you came to the way that you got
[01:22:06.160 --> 01:22:12.880]  there he's not thinking on your logic he thinks that that makes sense he got it you know it it's
[01:22:12.880 --> 01:22:25.280]  stuck and we miss that a lot due process the if the law says you must do a certain thing
[01:22:26.640 --> 01:22:32.800]  it doesn't matter if you have a right to it or not and that was a it took me a while to get over
[01:22:32.800 --> 01:22:45.520]  that hurdle we all need to take a step back forget about your rights what does the law say
[01:22:46.560 --> 01:23:00.160]  that a public official must do a judge district county jp municipal it a judge must determine
[01:23:00.160 --> 01:23:05.840]  the facts in accordance with the rules of evidence then apply the laws it comes to him to the facts
[01:23:05.840 --> 01:23:17.680]  in the case uh parker walker v packer walker v packer says that a judge has no discretion in
[01:23:17.680 --> 01:23:30.560]  properly applying the law to the facts that's called due process while you may not have a statutory
[01:23:30.560 --> 01:23:39.200]  right to this that or the other you do have a right to due process so when you get a ruling from a
[01:23:39.200 --> 01:23:51.840]  municipal or jp court that judge has a duty to properly apply the law to the facts that the
[01:23:51.840 --> 01:24:00.560]  court is a inferior court is irrelevant the requirement to apply the law to the facts does
[01:24:00.560 --> 01:24:08.480]  not say that a ignorant inferior court judge can do whatever the heck he wants to
[01:24:10.480 --> 01:24:18.000]  and doesn't say that doesn't make that exclusion the jp and municipal court judge has the the same
[01:24:18.000 --> 01:24:27.120]  duty if they fail to perform that duty they deny you in due process and that's something you have
[01:24:27.120 --> 01:24:39.120]  right to exactly but the first day p i was before flat out told me you know you can enter all the
[01:24:39.120 --> 01:24:46.160]  motions you want i have to just up to my discretion whether or not i grant or deny them
[01:24:46.160 --> 01:24:55.360]  oh that's when i recorded it that's when you say to the bailiff mr bailiff did you hear that
[01:24:56.560 --> 01:25:04.400]  well yes mr colton i did arrest that judge is not up to his discretion i didn't think about that at
[01:25:04.400 --> 01:25:11.360]  the time his bailiff was standing across just in black petite pants black t-shirt his lawn
[01:25:11.360 --> 01:25:20.720]  arms folded glaring at me and i just looked up at him and smiled and i just told the judge okay
[01:25:21.920 --> 01:25:27.760]  that's what you say that's fine whatever me and the judge got kind of crossways that day
[01:25:27.760 --> 01:25:36.160]  i've learned to keep my a little better since then but um this that particular jp
[01:25:36.160 --> 01:25:46.960]  he literally denied my motion for appearing impartial from now you tell me how he properly
[01:25:46.960 --> 01:25:58.640]  applied the law to the facts when he did that from my perspective that is the perfect time to say
[01:25:58.640 --> 01:26:09.040]  mr bailiff did you hear that uh and i've had here's what's bad i had his beta sitting there
[01:26:09.040 --> 01:26:17.920]  as a witness a sheriff's deputy and the assistant county attorney okay a bailiff is a sheriff's
[01:26:17.920 --> 01:26:25.040]  deputy always okay well the fact that he's wearing a bailiff's uniform a bailiff has
[01:26:25.040 --> 01:26:28.960]  i've had a number of them tell me oh i can't arrest the judge i work for the judge
[01:26:29.680 --> 01:26:38.720]  oh you are mistaken you do know such thing the family court in fort worth
[01:26:40.480 --> 01:26:51.520]  tried to get a legislation passed that designated that the bailiff's worked for the judges
[01:26:51.520 --> 01:27:00.240]  and the legislature said nothing doing the bailiff's worked for the sheriff
[01:27:01.920 --> 01:27:10.640]  it is the bailiff's duty to keep the peace in the court makes no difference who breaches it
[01:27:13.120 --> 01:27:18.160]  seven seven times i've asked them asked bailiffs in court to arrest the judge
[01:27:18.160 --> 01:27:24.400]  always they say well i can't arrest the judge i work for the judge
[01:27:25.280 --> 01:27:30.640]  oh you are mistaken you work for the sheriff and the sheriff works for me
[01:27:32.240 --> 01:27:36.000]  your duty to keep the peace in the courtroom makes no difference who breaches it
[01:27:36.000 --> 01:27:42.640]  if that judge breaches it you're to arrest him so take your chicken suit off and get up there
[01:27:42.640 --> 01:27:48.800]  and arrest him when you do that now you don't have to do it as blatantly as i do
[01:27:50.720 --> 01:27:54.800]  you can turn to the bailiff say mr bailiff you need to do something your job to keep the
[01:27:54.800 --> 01:28:03.120]  peace in the courtroom and the judge just violated law that changes everything okay
[01:28:03.120 --> 01:28:12.400]  you're speaking to the bailiff you're noticing the bailiff that the judge has just violated
[01:28:12.400 --> 01:28:20.560]  the law relating to his office what would be the charge if the judge interfered at this point
[01:28:23.120 --> 01:28:34.480]  ah there's probably several obstruction exactly obstruction that's that was the one i hoped i
[01:28:34.480 --> 01:28:42.880]  heard first obstruction of justice you're making a criminal accusation against someone and they
[01:28:42.880 --> 01:28:51.680]  take an action to prevent you from making that criminal accusation 3606 texas penal code obstruction
[01:28:51.680 --> 01:29:04.800]  also if the judge makes any kind of statement that you can construe as threatening what's that
[01:29:04.800 --> 01:29:17.280]  one witness intimidation yes exactly get on 3605 witness tampering both of them felonies
[01:29:17.280 --> 01:29:26.080]  so go ahead judge open your mouth i have never had one open his mouth because they knew when i
[01:29:26.080 --> 01:29:32.880]  told that bailiff to arrest the judge they knew and they knew that i knew hang on about to go to
[01:29:32.880 --> 01:29:42.480]  our sponsors uh check out our sponsors they're the ones that keep us on the the air and all of
[01:29:42.480 --> 01:29:51.440]  the stuff we talk about here all the remedies we talk about all of the the tools we have with
[01:29:51.440 --> 01:29:57.600]  our sponsors will help you achieve the remedy we speak to so check them out help keep us on the
[01:29:57.600 --> 01:30:08.320]  air we'll be right back reality tv sugar obesity jet lag the list of things that makes us dumber
[01:30:08.320 --> 01:30:14.400]  just keeps on growing but now researchers say we can add stress to the list and dr catherine albrecht
[01:30:14.400 --> 01:30:20.560]  back the details in a moment privacy is under attack when you give up data about yourself
[01:30:20.560 --> 01:30:25.600]  you'll never get it back again and once your privacy is gone you'll find your freedoms will
[01:30:25.600 --> 01:30:32.640]  start to vanish too so protect your rights say no to surveillance and keep your information to yourself
[01:30:32.640 --> 01:30:38.800]  privacy it's worth hanging on to this message is brought to you by start page dot com the private
[01:30:38.800 --> 01:30:46.880]  search engine alternative to google yahoo and bin start over with start page are you always on the
[01:30:46.880 --> 01:30:52.800]  go in juggling multiple projects if so you might think that multitasking proves you're smart but
[01:30:52.800 --> 01:30:58.880]  think again all that stress might be eating your brain a new study finds stress reduces the number
[01:30:58.880 --> 01:31:03.760]  of connections between neurons which actually makes it harder for people to manage problems
[01:31:04.320 --> 01:31:08.880]  researchers at Yale university found that stressed out people have less gray matter in
[01:31:08.880 --> 01:31:14.160]  their prefrontal cortex that's the part of the brain that helps us wake inflicting ideas and
[01:31:14.160 --> 01:31:20.480]  regulate our emotions so take a deep breath and chill out it'll help keep your mind as sharp as
[01:31:20.480 --> 01:31:30.160]  attack i'm dr catherine albrecht for start page dot com the world's most private search engine
[01:31:31.280 --> 01:31:36.880]  this is building seven a 47 story skyscraper that fell on the afternoon of september 11 the
[01:31:36.880 --> 01:31:42.400]  government says that fire brought it down however 1500 architects and engineers have concluded it
[01:31:42.400 --> 01:31:46.560]  was a controlled demolition over 6 000 of my fellow service members have given their lives
[01:31:46.560 --> 01:31:51.360]  of thousands of my fellow first responders have died i'm not a conspiracy theorist i'm a structural
[01:31:51.360 --> 01:31:55.760]  engineer i'm a new york city correctional i'm an air force pilot i'm the father who lost his son
[01:31:55.760 --> 01:32:03.680]  we're americans and we deserve the truth go to rememberbuilding7.org today rule of law radio
[01:32:03.680 --> 01:32:07.920]  is proud to offer the rule of law traffic seminar in today's america we live in an us against them
[01:32:07.920 --> 01:32:11.840]  society if we the people are ever going to have a free society then we're going to have to stand
[01:32:11.840 --> 01:32:16.240]  and defend our own rights among those rights are the right to travel freely from place to place
[01:32:16.240 --> 01:32:20.560]  the right to act in our own private capacity and most importantly the right to due process of law
[01:32:20.560 --> 01:32:24.800]  traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[01:32:24.800 --> 01:32:28.880]  our rights through due process former sheriff's deputy ad craig in conjunction with rule of
[01:32:28.880 --> 01:32:32.560]  law radio has put together the most comprehensive teaching tool available that will help you
[01:32:32.560 --> 01:32:36.800]  understand what due process is and how to hold courts to the rule of law you can get your own
[01:32:36.800 --> 01:32:41.440]  copy of this valuable material by going to rule of law radio dot com and ordering your copy today
[01:32:41.440 --> 01:32:45.520]  by ordering now you'll receive a copy of eddie's book the texas transportation code the law versus
[01:32:45.520 --> 01:32:49.920]  the lie video and audio of the original 2009 seminar hundreds of research documents and
[01:32:49.920 --> 01:32:53.280]  other useful resource material learn how to fight for your rights with the help of this
[01:32:53.280 --> 01:32:57.600]  material for rule of law radio dot com order your copy today and together we can have the
[01:32:57.600 --> 01:33:06.000]  free society we all want and deserve you are listening to the logos radio network logos
[01:33:06.000 --> 01:33:16.880]  radio network dot com
[01:33:36.400 --> 01:33:52.640]  okay we are back this is the rule of law radio randy kelton i'm brett fountain and
[01:33:54.400 --> 01:34:01.040]  we are talking with james and texas and james i've got a suggestion for you i was looking
[01:34:01.040 --> 01:34:08.640]  while randy was talking with you there i was looking at the the due process rules here the
[01:34:08.640 --> 01:34:14.160]  rules of appellate procedure and i would like to make a suggestion for you to consider three
[01:34:14.160 --> 01:34:21.600]  documents for you to file it would be two in the in the lower court in the jp court there
[01:34:21.600 --> 01:34:30.000]  and then one for the appellate court the the lower court you would file a request for findings
[01:34:30.000 --> 01:34:37.360]  of facts and conclusions of law and then you would also file a second document you would file
[01:34:38.320 --> 01:34:48.080]  is a motion to correct that they have several different categories that it motioned for
[01:34:49.680 --> 01:34:56.640]  to modify correct or reform judgment and what i like to throw in there at the end of that
[01:34:56.640 --> 01:35:03.600]  into that motion is alternatively a motion for a new trial jps don't usually like to do that because
[01:35:04.560 --> 01:35:08.800]  well it's just the trial de novo i can pretty much treat you any way i want you can go
[01:35:09.680 --> 01:35:14.880]  just get somebody else to mistreat you later they don't want to rehear something but you're
[01:35:14.880 --> 01:35:21.200]  asking them to get it right so you're putting all the options in front of them in that motion
[01:35:21.200 --> 01:35:26.720]  you're wanting them to fix what they did wrong and at the same time you're filing that other
[01:35:26.720 --> 01:35:32.160]  document that says i want your findings of fact and conclusions of law how in the heck did you come
[01:35:33.120 --> 01:35:39.520]  to that such what certainly seems like an arbitrary and unreasonable decision where did
[01:35:39.520 --> 01:35:46.160]  you get that so you're those with two documents that i would suggest go to the lower court and then
[01:35:46.160 --> 01:35:55.120]  in the appellate court you would file a a motion let's see i just had it up it's rule 10.5 in the
[01:35:55.120 --> 01:36:03.440]  texas rule of appellate procedure it's 10.5 subsection b you go scroll back to that and and read to
[01:36:03.440 --> 01:36:22.880]  you the name of it is let's see 8.2 sorry i had it pulled up a moment ago and i scrolled right
[01:36:22.880 --> 01:36:33.680]  past it here it is 10.5 b motions to extend time and in that subsection 2 it says that what you'd
[01:36:33.680 --> 01:36:42.560]  be filing is a motion to extend time to file notice of appeal motion to extend time to file
[01:36:42.560 --> 01:36:49.040]  notice of appeal and it gives a few little points on what you should put in there and you should
[01:36:49.040 --> 01:36:53.520]  identify the trial court that you're talking about say why you need time how much time you think
[01:36:53.520 --> 01:36:58.960]  you're going to need and you know you can just come up with what you think is a reasonable amount
[01:36:58.960 --> 01:37:03.120]  based on the fact that they haven't provided you your findings findings and conclusions yet
[01:37:04.880 --> 01:37:13.200]  does that seem like makes sense section b of what this is the texas rules of appellate procedure
[01:37:13.200 --> 01:37:27.200]  and it's rule 10.5 subsection b subsection 2 it actually both 1 and 2 both apply but you'll see
[01:37:27.200 --> 01:37:38.720]  the more specific stuff in 2 so that will be going to the appellate court and randy is that
[01:37:38.720 --> 01:37:44.320]  going to be a county court court at law going from a jp that's the court county court at law is
[01:37:44.320 --> 01:37:51.280]  where he would submit absolutely when you appeal from an inferior court municipal or justice to
[01:37:51.280 --> 01:38:00.800]  the piece that appeal goes to the county court okay i got that i got that much um i got a couple
[01:38:00.800 --> 01:38:09.440]  other quick things i'll let you get somebody else um i've asked both of these jp the first one
[01:38:09.440 --> 01:38:16.400]  recused himself after i filed criminal complaints against him for denying my right for yeah or
[01:38:16.400 --> 01:38:24.560]  my motion for a fair and impartial trial um but asked both of them for uh you know
[01:38:24.560 --> 01:38:33.600]  uh finding the facts and conclusions at law no you can't have it so do i need to prepare two
[01:38:33.600 --> 01:38:42.560]  groups of mandamus and go to the district court with them not necessarily just having take a look
[01:38:42.560 --> 01:38:57.840]  i'm sorry okay look in do a search online for judges to see the county court judges manual i
[01:38:57.840 --> 01:39:10.640]  believe what it was and mandamus and it specifically says that a mandamus from the municipal or
[01:39:10.640 --> 01:39:20.720]  court justice court goes to the court of the county court okay so look in the judges manual
[01:39:20.720 --> 01:39:28.080]  hub i'm not sure if it's county court manual i think he's just judges manual i just did a
[01:39:28.080 --> 01:39:34.080]  search the other day and popped it right up well i was thinking because if i could go in there to
[01:39:34.080 --> 01:39:41.200]  the district court with the risk of mandamus on both of these jp no the district court will never
[01:39:41.200 --> 01:39:49.760]  have any jurisdiction here okay okay it goes it goes from municipal or jp to county from county
[01:39:49.760 --> 01:39:59.120]  to court of appeals okay but i was thinking i could then ambush that judge with all the criminal
[01:39:59.120 --> 01:40:06.000]  complaints i've got to give all these public officials and with him on the dime but i could
[01:40:06.000 --> 01:40:13.280]  do that anyway oh ambush the court of appeals with them yeah they're the ones that you know
[01:40:13.280 --> 01:40:20.960]  everybody that goes to the court of appeals for the most part are lawyers and they're not accustomed
[01:40:20.960 --> 01:40:33.040]  to having a pro se ambush them they file a motion or pleading that includes a verified criminal affidavit
[01:40:34.000 --> 01:40:42.400]  bam and it never occurs to them that your duty as a magistrate just got invoked
[01:40:43.920 --> 01:40:49.840]  and you don't tell them it just got invoked and when they don't perform their duty then you file
[01:40:49.840 --> 01:40:57.280]  criminal charges against them they are not going to be happy campers the best place to file criminal
[01:40:57.280 --> 01:41:05.760]  charges against them this was a local texas ranger yeah two other quick things brit you were
[01:41:05.760 --> 01:41:14.080]  asking scott earlier about how in a private attorney general suit you come up with other similarly
[01:41:14.080 --> 01:41:26.880]  situated i'm in a public information request today to judge ball um on the court costs he
[01:41:26.880 --> 01:41:35.680]  assessed me um asking for an itemized list of every court cost that i was charged under
[01:41:36.560 --> 01:41:42.640]  chapter 102 the code of criminal procedures and the amount that i was charged for each of those
[01:41:42.640 --> 01:41:46.480]  now i'm sure it's going to get sent to the attorney general's office
[01:41:48.080 --> 01:41:54.800]  that's my experience in this county okay hold on hold on automatically here is one of my stinking
[01:41:54.800 --> 01:42:03.760]  rotten lowdown strategies anytime a agency requests an opinion from a state attorney general
[01:42:03.760 --> 01:42:12.720]  and the state attorney general responds with a letter opinion you immediately file criminal
[01:42:12.720 --> 01:42:19.360]  charges against the agency well then i need to go back and do that because i've already got one of
[01:42:19.360 --> 01:42:30.480]  those okay a letter opinion is in a is a restatement of an opinion that has already been filed the
[01:42:30.480 --> 01:42:40.240]  custodian of the record has a duty to examine the extending law if they request an opinion when an
[01:42:40.240 --> 01:42:51.200]  opinion already exists then their request is frivolous and delay for delay sake and i've got
[01:42:51.200 --> 01:43:02.320]  more criminal complaints but good almost a year ago they they will not see that coming my point is
[01:43:02.320 --> 01:43:13.120]  when i eventually get that list back with the amounts charged and i find out i'm let's just
[01:43:13.120 --> 01:43:23.680]  put a number on it i'm overcharged by 70 percent okay hold on go to my to jurisimprudence.website
[01:43:25.520 --> 01:43:32.400]  and it comes up you got a bunch of frogs on there because i call this frog farm conspiracy top frog
[01:43:32.400 --> 01:43:40.800]  on the right goes to documents and research and there's a folder in there for blanks go to the
[01:43:40.800 --> 01:43:47.920]  blanks folder and pull out an information request that information request has been crafted over
[01:43:48.720 --> 01:44:00.720]  some 30 years of experience it is an in that request it's uh it notices because through
[01:44:00.720 --> 01:44:06.720]  advances in technology our lives have greatly improved except in the area of nutrition people
[01:44:06.720 --> 01:44:12.080]  feed their pets better than they feed themselves and it's time we changed all that our primary
[01:44:12.080 --> 01:44:18.320]  defense against aging and disease in this toxic environment is good nutrition in a world where
[01:44:18.320 --> 01:44:24.720]  natural foods have been irradiated adulterated and mutilated young jevity can provide the nutrients
[01:44:24.720 --> 01:44:30.720]  you need logos radio network gets many requests to endorse all sorts of products most of which we
[01:44:30.720 --> 01:44:37.440]  reject we have come to trust young jevity so much we became a marketing distributor along with alex
[01:44:37.440 --> 01:44:44.000]  jones bin fuchs and many others when you order from logos radio network dot com your health will
[01:44:44.000 --> 01:44:50.800]  improve as you help support quality radio as you realize the benefits of young jevity you may want
[01:44:50.800 --> 01:44:57.040]  to join us as a distributor you can experience improved health help your friends and family
[01:44:57.040 --> 01:45:03.600]  and increase your income order now are you the plaintiff or defendant in a lawsuit
[01:45:04.240 --> 01:45:11.120]  win your case without an attorney with jurisdictionary the affordable easy to understand four cd course
[01:45:11.120 --> 01:45:17.600]  that will show you how in 24 hours you step by step if you have a lawyer know what your
[01:45:17.600 --> 01:45:22.400]  lawyer should be doing if you don't have a lawyer know what you should do for yourself
[01:45:22.400 --> 01:45:29.520]  thousands have won with our step by step course and now you can too jurisdictionary was created
[01:45:29.520 --> 01:45:36.400]  by a licensed attorney with 22 years of case winning experience even if you're not in a lawsuit
[01:45:36.400 --> 01:45:41.920]  you can learn what everyone should understand about the principles and practices that control our
[01:45:41.920 --> 01:45:49.600]  american courts you'll receive our audio classroom video seminar tutorials forms for civil cases
[01:45:49.600 --> 01:45:56.400]  prosa tactics and much more please visit rule of law radio dot com and click on the banner
[01:45:56.400 --> 01:46:22.240]  or call toll free 866 law easy
[01:46:27.200 --> 01:46:38.240]  something
[01:46:44.480 --> 01:46:47.280]  okay we are back randy colton
[01:46:47.280 --> 01:47:01.040]  and before i dove off the cliff uh that brett was supposed to shield me from that but he fell down
[01:47:01.040 --> 01:47:09.360]  on the job okay we were talking about i was so enthralled with your eloquent oratory eloquent
[01:47:09.360 --> 01:47:21.120]  oratory that was it uh it is a standard procedure of custodians of the record to create delay for
[01:47:21.120 --> 01:47:31.200]  delays sake by requesting opinions when there are pre-existing determinations the custodian of
[01:47:31.200 --> 01:47:42.320]  the record is responsible for being knowledgeable as to the law relating to the position of custodian
[01:47:42.320 --> 01:47:49.120]  of the record so if they request an opinion when there is a pre-existing determination
[01:47:50.080 --> 01:47:57.360]  and the way to tell that is that they get a letter of opinion that should get a criminal
[01:47:57.360 --> 01:48:05.360]  accusation immediately now so i can go after the county attorney for that this is the one that's
[01:48:05.360 --> 01:48:15.280]  in an end oh you have to buy nice you just have to bargain that is a rule yeah oh i will now that i
[01:48:15.280 --> 01:48:27.600]  now they brought that to my big scuffle brett wants to talk to you about rule 34.5 yes for the
[01:48:27.600 --> 01:48:35.680]  rest yes i will that texas rules a repellent procedure now this is uh another way for you
[01:48:35.680 --> 01:48:43.360]  to get at those findings affecting conclusions of law i say absolutely yes to the criminal
[01:48:43.360 --> 01:48:50.080]  complaints when he didn't do it and in parallel you have this other remedy here the texas rules
[01:48:50.080 --> 01:48:57.120]  of the pellet procedure 34.5 is talking about the record the appellate record that that is going to
[01:48:57.120 --> 01:49:08.720]  go from the trial court to the appellate court and in subsection a subsection four it is mandated
[01:49:08.720 --> 01:49:14.720]  that the record will include a copy of that findings effect and conclusions of law if it was a
[01:49:16.800 --> 01:49:20.960]  jury that did the jury trial then they would have a jury verdict and there wouldn't be any
[01:49:20.960 --> 01:49:27.200]  findings and conclusions but if you had a bench trial and the judge found you guilty he can't
[01:49:27.200 --> 01:49:34.880]  just make up stuff he has to say why that's part of the record and it says here 34.5 subsection
[01:49:34.880 --> 01:49:40.560]  a says unless the parties designate the filings in the appellate record by agreement under rule
[01:49:40.560 --> 01:49:48.160]  34.2 the record must include copies of it has several things there one of them is the findings
[01:49:48.160 --> 01:49:54.160]  effect and conclusions of law it has to include that it must unless you agree we go back over
[01:49:54.160 --> 01:50:02.480]  there and we look at rule 34.2 it says an agreed record will be presumed to contain all evidence
[01:50:02.480 --> 01:50:10.880]  and filings relevant so if you don't say anything it is going to be presumed that you got what you
[01:50:10.880 --> 01:50:16.800]  need to go to the appellate court but if you hold their feet to the fire and say I want my findings
[01:50:16.800 --> 01:50:22.720]  effect and conclusions of law I'm trying to appeal here what's the matter with you so they've got to
[01:50:22.720 --> 01:50:34.560]  collaborate with it but you were asking how to get you know like I said others similarly
[01:50:35.280 --> 01:50:42.640]  situated when I finally get an answer back from this court then I can go back and
[01:50:43.680 --> 01:50:51.440]  file another public information request for all the years this judge has set the bench and he's
[01:50:51.440 --> 01:51:02.720]  been there a long time this JP and the total amount for each year that he has or of court
[01:51:02.720 --> 01:51:09.280]  cost that he has charged the people and let's say he overcharged me by 70% we find out.
[01:51:10.960 --> 01:51:16.320]  I can go back and charge him and say under the law of inferences
[01:51:16.320 --> 01:51:26.880]  that we inferred from my case you overcharged me by 70% we can infer that you overcharge
[01:51:26.880 --> 01:51:39.120]  everybody by 70% for that private attorney general. Okay hold on I believe it's called
[01:51:39.120 --> 01:51:49.280]  Operation Gaylord it was a federal investigation of a judge in Chicago
[01:51:51.440 --> 01:51:57.280]  and the judge had been taking bribes and been corrupt for some 20 years
[01:51:58.960 --> 01:52:06.320]  and the feds went after him and they charged him with the acts he committed from the time
[01:52:06.320 --> 01:52:13.040]  he got in office and he raised a complaint that said the statute of limitations had run
[01:52:13.760 --> 01:52:22.160]  on these older complaints they went to the federal to the supreme and the supreme said no
[01:52:23.680 --> 01:52:30.880]  as long as the judge was in office he the judge was in a position to shield himself
[01:52:30.880 --> 01:52:39.280]  from prosecution therefore statute of limitation does not start to run until the judge gets out
[01:52:39.280 --> 01:52:47.680]  of office. Point of that is now you get to go back to the first day the judge sat on the bench
[01:52:48.880 --> 01:52:54.000]  and that makes sense. That's what I was addressing to Brett
[01:52:54.000 --> 01:53:01.600]  I don't know how you get there or how. Yeah Operation Gaylord is how you get there that's
[01:53:01.600 --> 01:53:08.400]  great. I only other thing I have to bring up tonight I'm sorry I kept y'all so long I'm
[01:53:08.400 --> 01:53:15.600]  sure y'all had other callers. Okay you wait a minute just for the record we keep people on longer
[01:53:15.600 --> 01:53:23.440]  if they have good content and well just from Pennsylvania I'm sorry we haven't gotten to you
[01:53:23.440 --> 01:53:29.440]  I haven't seen you in a long time I really wanted to get to you John in New York I did want to get
[01:53:29.440 --> 01:53:39.280]  to you too John I get a lot of you know John's been around a long time and a lot of people
[01:53:39.280 --> 01:53:46.400]  complain about John but John's gotten really gotten better and I really do like John because he brings
[01:53:46.400 --> 01:53:52.160]  good content and I apologize John we didn't get to you and Josh we probably won't get to you
[01:53:52.160 --> 01:53:56.400]  perhaps we're kind of running out of time but call back tomorrow and we will pull you we will
[01:53:56.400 --> 01:54:03.120]  bring you up at the beginning of the show so that we make sure we get to you but this has been good
[01:54:03.120 --> 01:54:09.520]  content is when I have good content we stay with it okay I'm going to shut up now and go ahead James
[01:54:10.400 --> 01:54:21.200]  here's my last thing when okay I've done the information request for I live in Lufkin I've
[01:54:21.200 --> 01:54:27.440]  done it for the city of Lufkin I live in Angelina County I've done it for that and I've done the same
[01:54:29.520 --> 01:54:37.360]  for the city of Nacogdoches not the county yet and I know that no police officer in
[01:54:38.720 --> 01:54:45.200]  the city of Nacogdoches or the city of Lufkin and no sheriff's deputy for Angelina County
[01:54:45.200 --> 01:54:53.520]  as the authority to enforce the tax laws I've already done the information request I know this
[01:54:54.080 --> 01:55:06.960]  so when I send you talk about sending a Brady request for discovery shouldn't we send a
[01:55:06.960 --> 01:55:16.560]  pre-litigation discovery request instead of a Brady motion to let them know hey you're about
[01:55:16.560 --> 01:55:28.480]  to be sued rule 202 pre litigation discovery I read an article once said Texas is is like the
[01:55:28.480 --> 01:55:39.600]  old west when it comes to pre litigation discovery every other state only allows depositions for
[01:55:39.600 --> 01:55:48.800]  pre litigation discovery but Texas allows the same discovery that you would have a right to
[01:55:48.800 --> 01:55:56.160]  in a civil trial in pre litigation and let me quickly explain pre litigation this was for
[01:55:56.160 --> 01:56:03.520]  the purpose of eliminating unnecessary litigation if I think that I have a claim against you
[01:56:04.880 --> 01:56:12.880]  but the evidence to support my claim is held by you and the only way I can be sure I have that
[01:56:12.880 --> 01:56:22.560]  claim is to get discovery of that information from you then under rule 202 I can do I can petition
[01:56:22.560 --> 01:56:32.000]  for pre litigation discovery and I can get full discovery in Texas so shouldn't we be doing that
[01:56:34.400 --> 01:56:41.360]  say that again we make them go I said shouldn't we be filing that to make them go uh-oh
[01:56:42.640 --> 01:56:50.480]  it's exactly pre litigation pre litigation discovery does not go to whether or not you
[01:56:50.480 --> 01:56:59.920]  have a claim for which recovery can be had but the claim doesn't even come into it you're trying
[01:56:59.920 --> 01:57:06.320]  to determine if you have a claim you don't want to waste the judges the court's time with a with
[01:57:06.320 --> 01:57:16.000]  a frivolous complaint when you may not have a claim so you ask for pre litigation discovery
[01:57:16.000 --> 01:57:22.720]  so you can determine if in fact you do have a claim and Texas is the best state for that
[01:57:24.720 --> 01:57:30.320]  I already know I do with angeline the county okay don't wait wait wait don't even admit that
[01:57:31.680 --> 01:57:38.560]  you don't know yet we need this pre litigation discovery to find it out this is poker
[01:57:38.560 --> 01:57:45.520]  done the information request so I know that and that's why I'm saying should I file should have
[01:57:45.520 --> 01:57:53.920]  been filing because I haven't and I just thought about this today over listening to some archives
[01:57:53.920 --> 01:58:00.720]  but you talk about pre litigation discovery and it's a light bulb went off in my head and I thought
[01:58:00.720 --> 01:58:11.600]  should I be doing this and I'm asking I'm not I'm bringing something else new pre litigation
[01:58:11.600 --> 01:58:18.720]  discovery is great it's a great tool but we are out of time uh James I would like it if you
[01:58:18.720 --> 01:58:24.720]  would call in tomorrow night and Josh and John I'm sorry we didn't get to you if you call in
[01:58:24.720 --> 01:58:30.000]  tomorrow night we'll put you up at the top of the list to make sure we get to you uh this has
[01:58:30.000 --> 01:58:35.840]  been a great show I really enjoyed this show I like it when we have really sophisticated issues
[01:58:35.840 --> 01:58:41.680]  that we can address and Brett is really coming on he's going to take my place before long
[01:58:42.400 --> 01:58:46.240]  we'll be back tomorrow night thank you for listening good night
[01:58:50.240 --> 01:58:56.640]  Bibles for America is offering absolutely free a unique study Bible called the New Testament
[01:58:56.640 --> 01:59:02.480]  recovery version the New Testament recovery version has over 9 000 footnotes that explain what the
[01:59:02.480 --> 01:59:08.640]  Bible says verse by verse helping you to know God and to know the meaning of life order your
[01:59:08.640 --> 01:59:17.840]  free copy today from Bibles for America call us toll free at 888-551-0102 or visit us online
[01:59:17.840 --> 01:59:26.000]  at bfa.org this translation is highly accurate and it comes with over 13 000 cross references
[01:59:26.000 --> 01:59:31.600]  plus charts and maps and an outline for every book of the Bible this is truly a Bible you
[01:59:31.600 --> 01:59:37.040]  can understand to get your free copy of the New Testament recovery version call us toll free
[01:59:37.040 --> 01:59:49.040]  at 888-551-0102 that's 888-551-0102 or visit us online at bfa.org
[01:59:49.040 --> 02:00:00.000]  you're listening to the logos radio network at logosradio network.com