ROL_2019-11-07_16k.timecode

[00:00.000 --> 00:06.800]  The following use flash is brought to you by the Lone Star Lowdown.
[00:06.800 --> 00:13.200]  Markets for Monday the 22nd of July 2019, open with Precious Metals, Gold $1,429 an ounce,
[00:13.200 --> 00:21.360]  Silver $16.45 an ounce, Copper $2.75 an ounce, Oil, Texas Crew $55.63 a barrel, Brent Crew
[00:21.360 --> 00:29.960]  $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum $2.00
[00:29.960 --> 00:41.480]  $327.26, XRP Ripple $0.33, Litecoin $1.31, and Bitcoin Cash is at $324.10 a Crypto Coin.
[00:45.880 --> 00:52.440]  Today in history, the year 1916, the Preparedness Day Bombing, a Thai suitcase bomb, was detonated
[00:52.440 --> 00:57.400]  on Market Street in San Francisco during the World War I Preparedness Day Parade,
[00:57.400 --> 01:00.280]  killing 10 and injuring 40 today in history.
[01:04.520 --> 01:10.280]  And recent news, since Governor Greg Abbott signed House Bill 1325, legalizing HEPA to Texas law
[01:10.280 --> 01:14.920]  back in June, county prosecutors around the state, including Houston, Austin, and San Antonio,
[01:14.920 --> 01:18.760]  have been dropping marijuana possession charges and even refusing to file new ones,
[01:18.760 --> 01:23.080]  since they are stipulating that they do not have the time or the laboratory equipment to test
[01:23.080 --> 01:28.040]  the herb for THC. Margaret Moore, the Travis County District Attorney, announced earlier this
[01:28.040 --> 01:32.920]  month that she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:32.920 --> 01:37.160]  law. Mr. Abbott and other state officials, including the Attorney General, stipulated in
[01:37.160 --> 01:42.120]  a letter to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.120 --> 01:48.040]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works,
[01:48.040 --> 01:53.560]  as well as other cities, too, like the District Attorney in El Paso, Kaima Esparza,
[01:53.560 --> 01:57.240]  a Democrat who also stated earlier this month that the law, quote,
[01:57.240 --> 02:02.280]  will not have an effect on the prosecution of marijuana cases in El Paso. However,
[02:02.280 --> 02:06.680]  the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.680 --> 02:10.760]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:15.240]  something illegal based on its chemical makeup. It's important that if someone is charged with
[02:15.240 --> 02:24.600]  something, the test matches what they're charged with. A paper by Tulane University identified
[02:24.600 --> 02:29.960]  a five and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico,
[02:29.960 --> 02:35.480]  the specimen being only the second pocket shark ever captured or recorded with the other one
[02:35.480 --> 02:40.760]  being found way back in 1979 in the East Pacific Ocean. According to the university paper, the
[02:40.760 --> 02:47.640]  shark secretes a luminous fluid from a gland near its front fins for the purposes hypothesized to
[02:47.640 --> 03:11.640]  lure and prey who may be drawn into the glow. This is Book Roadie of the Lowdown for July 22nd, 2019.
[03:18.600 --> 03:30.280]  Tell me what you're gonna do, what you're gonna do, check. Bad boys, bad boys, what you're gonna do,
[03:30.280 --> 03:36.120]  what you're gonna do when they come for you. Bad boys, bad boys, what you're gonna do, what you're
[03:36.120 --> 03:42.120]  gonna do when they come for you. When you were eight and you had bad grades, you'll go to school
[03:42.120 --> 03:47.960]  and learn to go with them rules. So why are you acting like a bloody fool if you get hot then
[03:47.960 --> 03:53.640]  your boss will screw, bad boys, bad boys, what you're gonna do, what you're gonna do when he
[03:53.640 --> 03:59.400]  comes for you. Bad boys, bad boys, what you're gonna do, what you're gonna do when they come
[03:59.400 --> 04:03.880]  for you. You're chocky done, that's what, you're chocky done this one, you're chocky done your
[04:03.880 --> 04:07.880]  mother and you're chocky done your father, you're chocky done your brother and you're chocky done
[04:07.880 --> 04:37.000]  okay howdy howdy this is Randy Kelton
[04:37.000 --> 04:40.240]  Brett Fountain rule of law radio on this
[04:40.240 --> 04:43.800]  Thursday the seventh day of November
[04:43.800 --> 04:49.960]  2019 and wanted to open the phone
[04:49.960 --> 04:53.460]  lines to make sure they're on phone
[04:53.460 --> 04:56.320]  lines are open if you have a question
[04:56.320 --> 04:59.800]  or comment give us a call 512 646
[04:59.800 --> 05:03.120]  1984 and Brett had a something he
[05:03.120 --> 05:04.880]  wanted to talk about at the beginning
[05:04.880 --> 05:09.000]  of the show bread yes you want to go
[05:09.000 --> 05:10.640]  ahead and start in on the getting
[05:10.640 --> 05:17.360]  information yes okay well I have learned
[05:17.360 --> 05:21.920]  a lot of it in the hard way some ways
[05:21.920 --> 05:25.000]  that are effective and ways that are
[05:25.000 --> 05:27.320]  less effective for giving information
[05:27.320 --> 05:30.920]  and by that I mean not only records
[05:30.920 --> 05:33.080]  requests it's mostly records requests
[05:33.080 --> 05:35.960]  but also how that leads over into
[05:35.960 --> 05:38.880]  discovery if you're in a case and some
[05:38.880 --> 05:40.640]  things you can get the discovery but
[05:40.640 --> 05:43.200]  you can't get public information and
[05:43.200 --> 05:48.880]  sometimes vice versa you need to be
[05:48.880 --> 05:52.960]  prepared up front just mentally
[05:52.960 --> 05:55.000]  psychologically prepare yourself because
[05:55.000 --> 06:00.040]  it's not as simple as ask the question
[06:00.040 --> 06:01.880]  and get the information but you should
[06:01.880 --> 06:03.800]  be that simple because these are your
[06:03.800 --> 06:07.760]  records we've got our public officials
[06:07.760 --> 06:11.240]  in a position of handling those records
[06:11.240 --> 06:14.040]  for us they're custodians of those
[06:14.040 --> 06:17.600]  records and yet for some reason most of
[06:17.600 --> 06:20.880]  them want to deflect our requests most
[06:20.880 --> 06:22.840]  of them want to withhold information
[06:22.840 --> 06:26.000]  from us most want to delay I don't know
[06:26.000 --> 06:27.960]  why but that's what they want to do most
[06:27.960 --> 06:29.600]  of them want to put up obstacles
[06:29.600 --> 06:33.240]  misconstrue what you asked for and end
[06:33.240 --> 06:35.600]  up not giving you the information let me
[06:35.600 --> 06:40.120]  offer a suggestion H. G. Wells in his
[06:40.120 --> 06:43.320]  outline of history on speaking to the
[06:43.320 --> 06:46.440]  corruption of the popes during the dark
[06:46.440 --> 06:50.560]  ages very aptly observed the giver of the
[06:50.560 --> 06:54.360]  law most owes the law allegiance he of
[06:54.360 --> 06:57.040]  all beings should behave as though the
[06:57.040 --> 06:59.280]  law compels him but it is the
[06:59.280 --> 07:02.360]  universal failing of mankind that what
[07:02.360 --> 07:05.600]  we are given to administer we promptly
[07:05.600 --> 07:10.960]  presume we own they feel like we're
[07:10.960 --> 07:15.320]  messing around in their business
[07:15.320 --> 07:20.400]  yes for some reason they do get that
[07:20.400 --> 07:24.320]  idea universal failing of mankind
[07:24.320 --> 07:27.520]  well yeah well there are different paths
[07:27.520 --> 07:29.760]  that you can take to reach the
[07:29.760 --> 07:31.320]  information that you're trying to get
[07:31.320 --> 07:34.440]  you need to see some documents some some
[07:34.440 --> 07:37.280]  you want to know some somebody's fax
[07:37.280 --> 07:40.240]  number regardless you're trying to get
[07:40.240 --> 07:41.400]  some information there are different
[07:41.400 --> 07:44.400]  ways that you can go about it if you're
[07:44.400 --> 07:46.680]  in a case and you're trying to find out
[07:46.680 --> 07:49.360]  something more than what the prosecutor
[07:49.360 --> 07:53.520]  is being forthcoming about you need to
[07:53.520 --> 07:55.240]  find out more things their discovery
[07:55.240 --> 07:59.160]  requests that you can make this can be
[07:59.160 --> 08:01.040]  requests for production that they
[08:01.040 --> 08:04.440]  produce items not necessarily documents
[08:04.440 --> 08:08.000]  but that they produce things you can do
[08:08.000 --> 08:11.320]  discovery in erogatories where you ask
[08:11.320 --> 08:13.320]  written questions and they need to
[08:13.320 --> 08:17.240]  answer you you can do requests for
[08:17.240 --> 08:20.960]  disclosure requests for admissions
[08:20.960 --> 08:23.640]  that's one of my favorite kind that's
[08:23.640 --> 08:26.800]  in Texas rules of civil procedure and
[08:26.800 --> 08:31.000]  it's ruled 198 and they have a 30-day
[08:31.000 --> 08:35.960]  window when they need to address the
[08:35.960 --> 08:38.320]  statements of fact that you've posed to
[08:38.320 --> 08:41.160]  them you said I want you to admit these
[08:41.160 --> 08:44.760]  things and the idea is the more things
[08:44.760 --> 08:48.800]  that both sides admit to agree on before
[08:48.800 --> 08:51.720]  the judge gets up on the bench well
[08:51.720 --> 08:54.600]  then that makes a much more narrow scope
[08:54.600 --> 08:56.520]  of things that have to be adjudicated
[08:56.520 --> 09:00.880]  and so this is great because you you
[09:00.880 --> 09:03.680]  put requests for admissions out there
[09:03.680 --> 09:05.240]  and you say here's some statements of
[09:05.240 --> 09:07.480]  fact and you don't give this to the court
[09:07.480 --> 09:10.320]  you give this to the prosecutor you're
[09:10.320 --> 09:12.000]  asking the prosecutor to admit these
[09:12.000 --> 09:13.800]  things that's true you can give a copy
[09:13.800 --> 09:15.480]  to the court if you want to I usually
[09:15.480 --> 09:17.920]  don't because sometimes the judges like
[09:17.920 --> 09:19.680]  to just butt in and interfere they don't
[09:19.680 --> 09:25.320]  know it's not about that so rule 198.2
[09:25.320 --> 09:29.400]  subsection C says that if the prosecutor
[09:29.400 --> 09:31.920]  doesn't answer within 30 days he doesn't
[09:31.920 --> 09:35.440]  respond to the statements that you've
[09:35.440 --> 09:38.720]  made they are deemed admitted and then
[09:38.720 --> 09:42.480]  they can't argue about it later so the
[09:42.480 --> 09:44.720]  scope has been narrowed I just got a
[09:44.720 --> 09:47.440]  while I work on this little side track
[09:47.440 --> 09:53.240]  about admissions I received just
[09:53.240 --> 09:56.120]  yesterday a letter in the mail from a
[09:56.120 --> 09:59.920]  prosecutor who wanted to school me about
[09:59.920 --> 10:02.400]  hey we received your request for
[10:02.400 --> 10:05.360]  admissions and we don't have to respond
[10:05.360 --> 10:09.600]  to those okay fine
[10:09.600 --> 10:15.120]  so they're telling me that they don't
[10:15.120 --> 10:16.800]  have to respond they didn't object they
[10:16.800 --> 10:23.120]  didn't raise an objection to excuse me
[10:23.120 --> 10:27.120]  okay what is the case but it's not
[10:27.120 --> 10:30.360]  Walker v. Packer there's another one that
[10:30.360 --> 10:35.200]  says that the claims in the live plea
[10:35.200 --> 10:37.400]  any claims in the live pleading is not
[10:37.400 --> 10:43.400]  opposed for deemed to admitted there's
[10:43.400 --> 10:46.760]  another case that says any judicial
[10:46.760 --> 10:50.040]  admissions cannot be addressed later in
[10:50.040 --> 10:54.640]  court right they are stopped from
[10:54.640 --> 10:57.080]  raising that argument later they've
[10:57.080 --> 11:00.800]  already admitted it so that's one really
[11:00.800 --> 11:03.760]  great thing about admissions but there
[11:03.760 --> 11:08.360]  are other ways to get information and
[11:08.360 --> 11:13.800]  even besides the discovery you have so
[11:13.800 --> 11:17.080]  there are two other large categories I
[11:17.080 --> 11:19.720]  see for getting information one they're
[11:19.720 --> 11:22.600]  both records request one is an open
[11:22.600 --> 11:25.160]  records also known as public information
[11:25.160 --> 11:28.440]  request or public records request this
[11:28.440 --> 11:33.600]  is addressed by in Texas is the Texas
[11:33.600 --> 11:37.400]  government code 552 different states
[11:37.400 --> 11:40.560]  have slightly different ways to do this
[11:40.560 --> 11:45.480]  a little interesting kid bit in the Fed
[11:45.480 --> 11:55.080]  it's 552 in Tennessee it's 552 they all
[11:55.080 --> 12:01.120]  adopted the the model codes and you'll
[12:01.120 --> 12:03.000]  find a lot of states also mimic these
[12:03.000 --> 12:05.880]  accent codes
[12:05.880 --> 12:10.840]  not trivia I'll stop interrupting now so
[12:10.840 --> 12:14.760]  there's the open records or public
[12:14.760 --> 12:18.040]  records then there's also judicial
[12:18.040 --> 12:22.720]  records now they pretty much exclude out
[12:22.720 --> 12:25.320]  of the public records they say well this
[12:25.320 --> 12:29.640]  is anything besides judicial records so
[12:29.640 --> 12:31.200]  if you don't look any more closely than
[12:31.200 --> 12:32.840]  that you might think that you don't have
[12:32.840 --> 12:34.280]  any right to look at the judicial
[12:34.280 --> 12:37.280]  records but there's another document
[12:37.280 --> 12:39.040]  called the Texas rules of judicial
[12:39.040 --> 12:44.440]  administration and rule 12 says that the
[12:44.440 --> 12:47.560]  judicial records are open to you to the
[12:47.560 --> 12:52.440]  public so you just got a reference the
[12:52.440 --> 12:56.840]  proper authority to frame your request
[12:56.840 --> 13:01.080]  and that also speaks to where you send
[13:01.080 --> 13:04.560]  your request it's like I said they're
[13:04.560 --> 13:08.200]  trying to avoid giving you what you're
[13:08.200 --> 13:11.000]  asking for mostly I mean you might run
[13:11.000 --> 13:15.120]  into one seldom just run into the rare
[13:15.120 --> 13:17.920]  person who has a helpful attitude and
[13:17.920 --> 13:19.920]  really wants to give you what you asked
[13:19.920 --> 13:21.840]  for it's so unusual it's very refreshing
[13:21.840 --> 13:26.560]  but judicial records or anything
[13:26.560 --> 13:31.760]  besides the adjudication the adjudicative
[13:31.760 --> 13:33.920]  function is what they call it anything
[13:33.920 --> 13:38.080]  that's motions and pleadings and it's
[13:38.080 --> 13:40.400]  specifically the judge's
[13:40.400 --> 13:41.840]  responsibility to give you those
[13:41.840 --> 13:44.400]  documents that you asked for everyone
[13:44.400 --> 13:46.280]  probably already knows that the motions
[13:46.280 --> 13:47.920]  and pleadings and evidence all of that's
[13:47.920 --> 13:50.920]  already wide open in the public with
[13:50.920 --> 13:53.320]  some exceptions they have some issues
[13:53.320 --> 13:55.840]  that deal with a young child and they
[13:55.840 --> 13:57.840]  have the details about how that child
[13:57.840 --> 14:00.640]  was abused or something and that doesn't
[14:00.640 --> 14:03.360]  go into the public record it court seals
[14:03.360 --> 14:08.320]  it or or prevent it in some way from
[14:08.320 --> 14:11.680]  being wide open but everybody can access
[14:11.680 --> 14:14.240]  the motions and pleadings transcripts
[14:14.240 --> 14:16.120]  all of that stuff and then judicial
[14:16.120 --> 14:19.880]  records or anything let's say you want
[14:19.880 --> 14:21.400]  to see the org chart you want to know
[14:21.400 --> 14:23.280]  who are the people in that court who
[14:23.280 --> 14:25.040]  reports to whom what are their
[14:25.040 --> 14:28.040]  individual email addresses how much is
[14:28.040 --> 14:30.560]  how much are we paying that judge you
[14:30.560 --> 14:32.400]  can just ask all of these things that
[14:32.400 --> 14:35.520]  are parts of their records and they've
[14:35.520 --> 14:42.640]  got to tell you so let's talk about the
[14:42.640 --> 14:47.000]  public information in Texas it's this
[14:47.000 --> 14:50.840]  552 of the government code and like
[14:50.840 --> 14:52.920]  you're saying ready that's a lot of
[14:52.920 --> 14:55.760]  other states may have similar numbering
[14:55.760 --> 15:00.360]  I would like to start by reading the
[15:00.360 --> 15:03.720]  first like the preamble here to that
[15:03.720 --> 15:09.560]  chapter that lays out the purpose of it
[15:09.560 --> 15:13.640]  and the whole flavor for it before we
[15:13.640 --> 15:15.960]  go to our sponsors here we have let's
[15:15.960 --> 15:19.120]  just let's look at this this is in Texas
[15:19.120 --> 15:25.480]  is the government code 552.001 under
[15:25.480 --> 15:27.760]  the fundamental philosophy of the
[15:27.760 --> 15:29.520]  American constitutional form of
[15:29.520 --> 15:32.280]  representative government that adheres
[15:32.280 --> 15:34.280]  to the principle that government is
[15:34.280 --> 15:36.400]  the servant and not the master of the
[15:36.400 --> 15:39.400]  people it is the policy of this state
[15:39.400 --> 15:42.320]  that each person is entitled unless
[15:42.320 --> 15:45.040]  otherwise expressly provided by law at
[15:45.040 --> 15:48.360]  all times to complete information about
[15:48.360 --> 15:50.240]  the affairs of government and the
[15:50.240 --> 15:52.640]  official acts of public officials
[15:52.640 --> 15:56.160]  employees the people in delegating
[15:56.160 --> 15:58.800]  authority do not give their public
[15:58.800 --> 16:01.280]  servants the right to decide what is
[16:01.280 --> 16:03.200]  good for the people to know and what is
[16:03.200 --> 16:05.280]  not good for them to know the people
[16:05.280 --> 16:09.640]  insist on remaining informed so that
[16:09.640 --> 16:11.240]  they may retain control over the
[16:11.240 --> 16:14.280]  instruments they have created the
[16:14.280 --> 16:16.480]  provisions of this chapter shall be
[16:16.480 --> 16:18.960]  liberally construed to implement this
[16:18.960 --> 16:22.760]  policy this chapter shall be liberally
[16:22.760 --> 16:25.920]  construed in favor of granting a
[16:25.920 --> 16:32.320]  request for information so that's one
[16:32.320 --> 16:37.840]  of the best crafted paragraphs I've ever
[16:37.840 --> 16:42.000]  read in law hang on
[16:42.000 --> 16:44.800]  Randy Kelton Brett Fountain will our
[16:44.800 --> 16:48.080]  radio a call in number five one two six
[16:48.080 --> 16:50.960]  four six nineteen eighty-four we'll be
[16:50.960 --> 16:53.600]  right back
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[18:44.640 --> 18:46.400]  and click on the blue Michael mirrors
[18:46.400 --> 18:48.720]  banner or email Michael mirrors at
[18:48.720 --> 18:51.240]  yahoo dot com that's rule of law radio
[18:51.240 --> 18:55.920]  dot com or email m-i-c-h-a-e-l-m-i-r-r-a-s
[18:55.920 --> 18:58.600]  at yahoo dot com to learn how to stop
[18:58.600 --> 19:01.560]  debt collectors next
[19:01.560 --> 19:04.520]  you're listening to the logos radio
[19:04.520 --> 19:06.040]  network
[19:06.040 --> 19:13.040]  logos radio network
[19:22.840 --> 19:24.440]  look what we've got
[19:24.440 --> 19:27.320]  we've got the kristian
[19:27.320 --> 19:29.560]  no one knew what they had
[19:29.560 --> 19:32.520]  they won't have their answer
[19:32.520 --> 19:34.760]  open up by the
[19:34.760 --> 19:37.840]  yahoo dot kristian
[19:37.840 --> 19:39.480]  look what we've got
[19:39.480 --> 19:42.440]  i'm going to know what i have to say
[19:42.440 --> 19:45.840]  open up by the time
[19:45.840 --> 19:47.400]  okay we are back
[19:47.400 --> 19:50.560]  Randy Kelton Brett Fountain rule of law radio
[19:50.560 --> 19:53.280]  and Brett is going through
[19:53.280 --> 19:55.800]  how to get records
[19:55.800 --> 19:56.800]  from
[19:56.800 --> 19:59.680]  agencies that don't want to give them up
[19:59.680 --> 20:02.720]  go ahead Brett
[20:02.720 --> 20:03.800]  well
[20:03.800 --> 20:05.560]  so we've just gone over
[20:05.560 --> 20:07.000]  the preamble that
[20:07.000 --> 20:09.160]  just beautifully lays out
[20:09.160 --> 20:11.360]  the purpose of
[20:11.360 --> 20:17.800]  these rules that tell them that they must give us the information
[20:17.800 --> 20:21.960]  i would like to before i start doing some recommendations i'll just mention a
[20:21.960 --> 20:23.800]  few of the things that are
[20:23.800 --> 20:27.880]  common obstacles don't get discouraged when this happens
[20:27.880 --> 20:28.800]  because
[20:28.800 --> 20:33.000]  these obstacles are very common they just throw them at you normally they
[20:33.000 --> 20:34.480]  deflect to
[20:34.480 --> 20:35.760]  an attorney
[20:35.760 --> 20:38.080]  so the one who you asked
[20:38.080 --> 20:39.920]  who is supposed to
[20:39.920 --> 20:41.680]  give you the information
[20:41.680 --> 20:42.840]  will
[20:42.840 --> 20:45.960]  deflect to an attorney and they'll say something about
[20:45.960 --> 20:47.600]  they're not required to
[20:47.600 --> 20:51.600]  generate lists or manipulate data or do research for you
[20:51.600 --> 20:54.120]  they're not required to do programming
[20:54.120 --> 20:55.560]  or they might tell you
[20:55.560 --> 20:58.800]  oh this is a large amount of information
[20:58.800 --> 21:01.600]  trying to trigger some other rules
[21:01.600 --> 21:04.040]  one lady she did this and after
[21:04.040 --> 21:05.880]  forty days
[21:05.880 --> 21:07.440]  it turned out that her
[21:07.440 --> 21:09.760]  quote large amount of information
[21:09.760 --> 21:13.000]  was seven pages
[21:13.000 --> 21:14.080]  ooh
[21:14.080 --> 21:15.640]  yeah
[21:15.640 --> 21:17.360]  don't come back
[21:17.360 --> 21:20.920]  i take it that got a criminal complaint
[21:20.920 --> 21:23.760]  yes it did
[21:23.760 --> 21:26.680]  and the attorney general is
[21:26.680 --> 21:28.280]  you know a lot of times we
[21:28.280 --> 21:31.760]  we hear stories about how these criminal complaints don't get
[21:31.760 --> 21:34.760]  the attention that they really ought to and you have to end up taking them up
[21:34.760 --> 21:36.000]  to chain and
[21:36.000 --> 21:39.040]  holding more people accountable and it becomes this tar baby
[21:39.040 --> 21:41.760]  that doesn't really happen with these criminal complaints
[21:41.760 --> 21:44.280]  the attorney general is quick
[21:44.280 --> 21:49.280]  they have a whole team of people that address this kind of official misconduct
[21:49.280 --> 21:52.200]  the attorney general will reach out you talk to the attorney general and tell
[21:52.200 --> 21:55.320]  him hey this person is not giving me my records
[21:55.320 --> 21:58.240]  the attorney general will go jump on them
[21:58.240 --> 22:01.280]  yeah but he doesn't prosecute them
[22:01.280 --> 22:04.800]  he just wags his finger at them
[22:04.800 --> 22:07.080]  yeah that's true they'll
[22:07.080 --> 22:11.960]  they'll give you their records though
[22:11.960 --> 22:13.640]  excuse me
[22:13.640 --> 22:17.960]  when i go after records i generally go after more than records
[22:17.960 --> 22:23.840]  i got this little bell and i want to ding it
[22:23.840 --> 22:26.560]  the clerk in randall county
[22:26.560 --> 22:30.440]  said i'd have to look in the computer she didn't have the personnel
[22:30.440 --> 22:32.960]  or the time of the personnel to
[22:32.960 --> 22:35.240]  produce the
[22:35.240 --> 22:37.640]  hard copy file
[22:37.640 --> 22:39.880]  ding
[22:39.880 --> 22:42.720]  gotcha
[22:42.720 --> 22:47.240]  when she came out with them later while i'm waiting for somebody to come and arrest her
[22:47.240 --> 22:48.840]  i told the bailiff
[22:48.840 --> 22:50.560]  sorry bubba
[22:50.560 --> 22:54.000]  that bill has already been wrong
[22:54.000 --> 22:56.560]  you can't go ahead
[22:56.560 --> 22:58.200]  not be erupting
[22:58.200 --> 23:04.600]  so one of the other obstacles that they like to throw up in your face is they want clarification
[23:04.600 --> 23:08.920]  and sometimes it was really obvious what you take a look at what you requested
[23:08.920 --> 23:12.760]  maybe you you worded it in a strange way or something but most of the time they're
[23:12.760 --> 23:14.800]  just throwing up an obstacle just
[23:14.800 --> 23:17.160]  because
[23:17.160 --> 23:18.440]  uh... so
[23:18.440 --> 23:21.480]  try to word your request clearly so they can't
[23:21.480 --> 23:25.240]  say they didn't understand it
[23:25.240 --> 23:27.280]  williamson county
[23:27.280 --> 23:29.360]  county attorney's office
[23:29.360 --> 23:30.840]  i hear by demand
[23:30.840 --> 23:33.160]  that you produce all records
[23:33.160 --> 23:36.520]  collected a symbol maintained by the department that are specifically referenced
[23:36.520 --> 23:40.520]  by article seventeen point three o texas go to crime procedure
[23:40.520 --> 23:43.920]  the prosecutor came out and said
[23:43.920 --> 23:48.800]  uh... miss colton can you clarify this i'm not sure i understand what you're asking
[23:48.800 --> 23:49.440]  for
[23:49.440 --> 23:51.600]  all yes i can clarify that
[23:51.600 --> 23:53.640]  i want to see
[23:53.640 --> 23:55.360]  exactly
[23:55.360 --> 23:57.000]  what i asked for
[23:57.000 --> 24:00.440]  in that record if you don't know what it is
[24:00.440 --> 24:05.440]  as the legislature they wrote the code i didn't
[24:05.440 --> 24:06.280]  uh...
[24:06.280 --> 24:08.840]  uh... that was fun
[24:08.840 --> 24:10.960]  i'm sure she uh...
[24:10.960 --> 24:13.960]  that was an awkward moment for her
[24:13.960 --> 24:14.880]  yeah this was the
[24:14.880 --> 24:19.640]  prosecuting attorney who is dressed like a hooker
[24:19.640 --> 24:23.640]  yes he thought because she looked hot but i wouldn't land in the middle of her
[24:23.640 --> 24:29.440]  and she was downright offended
[24:29.440 --> 24:33.840]  so another obstacle that they like to raise is confidentiality
[24:33.840 --> 24:38.800]  they act like there's something in there like you say you request some
[24:38.800 --> 24:43.640]  some record of of a conversation maybe dispatch record or something you ask
[24:43.640 --> 24:45.240]  for these records
[24:45.240 --> 24:47.400]  well somewhere on that record
[24:47.400 --> 24:50.280]  well there's also a home phone number
[24:50.280 --> 24:54.240]  on one of the lines over there it has what home phone number of one of the
[24:54.240 --> 24:57.280]  peace officers
[24:57.280 --> 25:01.160]  that's something that they consider confidential
[25:01.160 --> 25:05.960]  and so they pretty much like to do wholesale withholding of information
[25:05.960 --> 25:06.720]  instead of
[25:06.720 --> 25:07.760]  surgical
[25:07.760 --> 25:11.320]  excuse me surgical redacting they can readact the information with the
[25:11.320 --> 25:12.720]  little black marker
[25:12.720 --> 25:14.960]  and give you the rest of the record
[25:14.960 --> 25:18.960]  if there's something on there that they they think is confidential
[25:18.960 --> 25:22.440]  they can just mark it out give you the document
[25:22.440 --> 25:25.880]  now if you look at that document you say hey they marked out just the part i
[25:25.880 --> 25:28.720]  wanted to see well then you can appeal that with the attorney general and
[25:28.720 --> 25:29.600]  everything but
[25:29.600 --> 25:30.800]  they don't have
[25:30.800 --> 25:32.880]  a right to just withhold
[25:32.880 --> 25:35.600]  something because there's a piece of
[25:35.600 --> 25:37.120]  confidential data on there
[25:37.120 --> 25:41.240]  yeah let me address that quickly uh... travis county
[25:41.240 --> 25:44.400]  they were trying to withhold a uh...
[25:44.400 --> 25:48.680]  the rest report because it had confidential information on it
[25:48.680 --> 25:49.840]  and i told them
[25:49.840 --> 25:52.800]  if you have elected
[25:52.800 --> 25:56.120]  to mix private information with
[25:56.120 --> 25:58.280]  public information
[25:58.280 --> 26:00.320]  your problem
[26:00.320 --> 26:03.680]  not my problem
[26:03.680 --> 26:08.320]  if you have to redact you make sure you provide me with an attorney general's
[26:08.320 --> 26:09.640]  opinion
[26:09.640 --> 26:13.800]  that authorizes that redaction and i will be fine with it
[26:13.800 --> 26:15.760]  but you have to redacted
[26:15.760 --> 26:18.480]  at your cost not mine
[26:18.480 --> 26:20.440]  if you don't want to have to pay for that
[26:20.440 --> 26:23.560]  separate that information on the front end
[26:23.560 --> 26:28.680]  and he didn't get any more argument about that
[26:28.680 --> 26:31.040]  yeah that's another thing they like to do is
[26:31.040 --> 26:34.120]  request an attorney general opinion
[26:34.120 --> 26:35.280]  now they have
[26:35.280 --> 26:36.920]  ten business days
[26:36.920 --> 26:38.440]  maximum
[26:38.440 --> 26:42.120]  to answer you they love to harp on this ten business days by the way
[26:42.120 --> 26:44.200]  they don't have ten business days
[26:44.200 --> 26:46.440]  they must answer promptly
[26:46.440 --> 26:49.280]  like right away as soon as possible
[26:49.280 --> 26:51.360]  they have to give you the information
[26:51.360 --> 26:54.360]  as soon as fast as they can
[26:54.360 --> 26:57.480]  the ten business day thing is when it turns into a crime
[26:57.480 --> 27:01.160]  on their part
[27:01.160 --> 27:02.120]  so
[27:02.120 --> 27:05.560]  we'd love to wait till the very
[27:05.560 --> 27:10.320]  one more thing that turns it into a crime
[27:10.320 --> 27:11.600]  if you
[27:11.600 --> 27:15.560]  if they put in a request for an opinion
[27:15.560 --> 27:18.040]  and the attorney general
[27:18.040 --> 27:21.480]  general responds with a letter opinion
[27:21.480 --> 27:22.280]  mm-hmm
[27:22.280 --> 27:23.680]  memorandum
[27:23.680 --> 27:25.800]  this is nothing novel
[27:25.800 --> 27:28.120]  you follow criminal charges immediately
[27:28.120 --> 27:28.960]  yes
[27:28.960 --> 27:33.640]  they have a duty to search the record before they withhold your
[27:33.640 --> 27:37.560]  access for the purpose of asking for determination
[27:37.560 --> 27:39.480]  they have a duty to
[27:39.480 --> 27:44.360]  search the record to determine if there is a pre-existing determination if there
[27:44.360 --> 27:45.800]  is one
[27:45.800 --> 27:48.360]  and they withhold the records
[27:48.360 --> 27:51.600]  got them dead bang
[27:51.600 --> 27:58.120]  delay for delay sake
[27:58.120 --> 27:59.160]  so
[27:59.160 --> 28:01.080]  another thing they like to do is
[28:01.080 --> 28:03.200]  charge you per page
[28:03.200 --> 28:04.680]  copying costs
[28:04.680 --> 28:05.800]  for something that
[28:05.800 --> 28:09.080]  is electronic records
[28:09.080 --> 28:12.000]  now texas administrative code
[28:12.000 --> 28:16.600]  it's rules section seventy point three it goes through some
[28:16.600 --> 28:21.600]  details about how much they can charge for this or that and the other
[28:21.600 --> 28:26.600]  and it's all geared toward the cost of the materials
[28:26.600 --> 28:30.360]  well if you're asking them to email you
[28:30.360 --> 28:33.080]  a document that they have it's electronic
[28:33.080 --> 28:36.400]  there's no materials you're not copying something onto a
[28:36.400 --> 28:40.120]  CD and then they get to charge you one dollar for the CD
[28:40.120 --> 28:44.480]  there's nothing it's an email attachment so they will try to throw costs in
[28:44.480 --> 28:47.120]  their per page they love these per page
[28:47.120 --> 28:48.760]  numbers and then they can say
[28:48.760 --> 28:52.160]  yeah we've got all your documents ready they wait until the very end of the ten
[28:52.160 --> 28:55.200]  business days and they say we got your documents ready but it's going to cost
[28:55.200 --> 28:56.800]  you thirty one dollars
[28:56.800 --> 29:00.760]  because it came up to thirty one pages
[29:00.760 --> 29:03.760]  I have a good one on that
[29:03.760 --> 29:08.200]  uh... lake lake worth texas i has to see all of the judges
[29:08.200 --> 29:10.240]  emails
[29:10.240 --> 29:14.000]  and all the prosecutor had a fit one in charge of me i think
[29:14.000 --> 29:17.560]  two thousand dollars or something
[29:17.560 --> 29:22.840]  and i ask her read my request if you pull
[29:22.840 --> 29:26.800]  the blank request that i have on the jurisan prudence
[29:26.800 --> 29:30.200]  which is not up at the moment but i'll have it back up shortly
[29:30.200 --> 29:32.280]  uh... those requests
[29:32.280 --> 29:34.040]  stipulate
[29:34.040 --> 29:37.880]  that this is not a request for copies
[29:37.880 --> 29:40.680]  it is a demand to see
[29:40.680 --> 29:46.440]  the record in the medium in which it is stored
[29:46.440 --> 29:50.760]  so she told me she couldn't show it to me in the computer your problem not my
[29:50.760 --> 29:52.840]  problem
[29:52.840 --> 29:55.080]  well we have to make copies
[29:55.080 --> 29:56.480]  like i said
[29:56.480 --> 30:01.480]  your problem not my problem
[30:01.480 --> 30:05.280]  businesses ask you for a lot of personal information and you may trust them to
[30:05.280 --> 30:06.360]  keep it safe
[30:06.360 --> 30:09.960]  but it turns out that even the most trusted companies may be unwittingly
[30:09.960 --> 30:11.880]  revealing your secrets
[30:11.880 --> 30:15.640]  but i think i have for all of us and i'll be right back with details
[30:15.640 --> 30:17.600]  privacy is under attack
[30:17.600 --> 30:21.160]  when you give up data about yourself you'll never get it back again
[30:21.160 --> 30:25.200]  and once your privacy is gone you'll find your freedoms will start to vanish
[30:25.200 --> 30:25.960]  too
[30:25.960 --> 30:30.120]  so protect your rights say no to surveillance and keep your information
[30:30.120 --> 30:31.240]  to yourself
[30:31.240 --> 30:32.160]  privacy
[30:32.160 --> 30:33.760]  it's worth hanging on to
[30:33.760 --> 30:37.320]  this public service announcement is brought to you by start page dot com
[30:37.320 --> 30:41.280]  the private search engine alternative to google yahoo and bin
[30:41.280 --> 30:42.280]  start over
[30:42.280 --> 30:45.000]  with start page
[30:45.000 --> 30:49.480]  data privacy is a big deal so nearly every company has a policy explaining
[30:49.480 --> 30:51.880]  how they handle your personal information
[30:51.880 --> 30:54.480]  but what happens if it escapes their control
[30:54.480 --> 30:59.040]  it's not an idle question according to a recent survey a shocking ninety percent
[30:59.040 --> 31:04.040]  of u.s. companies admit their security was breached by hackers in the last year
[31:04.040 --> 31:08.040]  that's one more reason you should trust your searches to start page dot com
[31:08.040 --> 31:12.200]  unlike other search engines start page doesn't store any data on you
[31:12.200 --> 31:14.480]  they've never been hacked but even if they were
[31:14.480 --> 31:18.160]  there would be nothing for criminals to see the cupboard would be there
[31:18.160 --> 31:21.800]  to add other companies don't treat your data the same way
[31:21.800 --> 31:30.800]  i'm dr kathryn albrecht more news and information at kathryn albrecht dot com
[31:30.800 --> 31:35.120]  i lost my son my nephew my uncle my son on september eleventh two thousand
[31:35.120 --> 31:39.520]  most people don't know that a third tower fell on september eleventh world trade
[31:39.520 --> 31:43.280]  center seven forty seven story skyscraper was not hit by a plane
[31:43.280 --> 31:47.120]  although the official explanation is that fire brought down building seven
[31:47.120 --> 31:50.480]  over one thousand two hundred architects and engineers has looked into the
[31:50.480 --> 31:54.480]  evidence and believed there is more to the story bring justice to my son my
[31:54.480 --> 31:58.200]  uncle my nephew my son go to building what dot org
[31:58.200 --> 32:02.440]  why it fell why it matters and what you can do
[32:02.440 --> 32:05.480]  rule of law radio is proud to offer the rule of law traffic seminar
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[33:01.160 --> 33:23.640]  live free speech radio logos radio network dot com
[33:31.880 --> 33:39.640]  officer
[33:39.640 --> 33:56.640]  When you're gonna stop abusing, you're gonna stop abusing
[33:58.640 --> 34:03.640]  Okay, we are back. Randy Colton, Brett Fountain, La Radio,
[34:03.640 --> 34:09.640]  and Brett was talking about how to get to get public records.
[34:10.640 --> 34:14.640]  Yes, you were talking about what you did for the overcharges
[34:14.640 --> 34:17.640]  and people trying to charge per page costs and you were talking about,
[34:17.640 --> 34:23.640]  you went and asked for them to inspect the record and get it in the form that it was in
[34:23.640 --> 34:27.640]  and if they didn't have it in that form, too bad they're problem.
[34:27.640 --> 34:35.640]  And so they called me down to inspect the records and she had a stack of papers,
[34:35.640 --> 34:38.640]  a foot and a half tall.
[34:39.640 --> 34:46.640]  She said there were 6,000 pages and then I started going through them
[34:46.640 --> 34:50.640]  and it looked like somebody had shuffled them like a deck of cards.
[34:50.640 --> 34:54.640]  I had one page of an email and the other page was somewhere else.
[34:54.640 --> 34:58.640]  I said, what is this garbage? Who shuffled these?
[34:58.640 --> 35:00.640]  That's how they come out of the computer.
[35:00.640 --> 35:06.640]  No, no, the computer cannot produce them this way unless you randomize it on purpose.
[35:07.640 --> 35:13.640]  I mean, I made them show them to me without charging me anything and I said,
[35:13.640 --> 35:19.640]  I consider this non-responsive. This is a waste of my time.
[35:19.640 --> 35:26.640]  I stormed down at the office. Oh, that was so much fun.
[35:29.640 --> 35:35.640]  But I requested to see them in the medium they were kept in so she could have written them all to a CD.
[35:37.640 --> 35:40.640]  But they were just trying to jerk me around.
[35:43.640 --> 35:47.640]  So if you feel like they're charging you for something that they shouldn't,
[35:47.640 --> 35:52.640]  take a look at Texas Administrative Code, look at Rule 70, about three.
[35:53.640 --> 35:58.640]  That outlines the cost of all these different things and again,
[35:58.640 --> 36:03.640]  they're all for recovering the cost of materials onto which the copies are made.
[36:03.640 --> 36:07.640]  So email attachment doesn't fit that.
[36:07.640 --> 36:11.640]  For that reason, I recommend you always just make your request via email
[36:11.640 --> 36:13.640]  and don't even give them a physical address.
[36:13.640 --> 36:18.640]  Why would you give them a physical address if you don't want them to send you papers
[36:18.640 --> 36:21.640]  that they can say they have a right to charge you for?
[36:21.640 --> 36:23.640]  Some say 10 cents a page.
[36:23.640 --> 36:28.640]  If you ask for a county level, they're going to say they get to charge you a dollar a page.
[36:28.640 --> 36:31.640]  But if you send them an email and that's all they have,
[36:31.640 --> 36:34.640]  the only way to respond to you is to hit reply,
[36:34.640 --> 36:39.640]  well then all they can do is give you the electronic records and not charge you.
[36:39.640 --> 36:44.640]  One other thing that they like to do is to say,
[36:44.640 --> 36:48.640]  well, this is taking too much time away from the staff's job.
[36:48.640 --> 36:52.640]  My response to that, you're the custodian of the records.
[36:57.640 --> 37:03.640]  But yeah, there is a provision that allows a city or county or some governmental entity
[37:03.640 --> 37:10.640]  to establish a maximum, a yearly maximum or a monthly maximum.
[37:10.640 --> 37:16.640]  No less than 15 hours per month and no less than 36 hours per year per requester.
[37:16.640 --> 37:22.640]  So if that governmental body has established such a thing, you might run into that.
[37:22.640 --> 37:27.640]  You might have to start making requests with your neighbor or via your neighbor or something.
[37:27.640 --> 37:32.640]  But that's government code 552.275 in Texas.
[37:32.640 --> 37:36.640]  Okay, so my suggestions are to make sure you first,
[37:36.640 --> 37:40.640]  make sure you go to the right person, custodian of records.
[37:40.640 --> 37:47.640]  Often it's, we start out not really knowing where the request should go
[37:47.640 --> 37:52.640]  and if we don't really check it out first, we'll send it to the wrong person and waste our time.
[37:52.640 --> 37:59.640]  Well, in the code, it states that if the request is presented to the wrong person,
[37:59.640 --> 38:07.640]  the person receiving the request is required to present the request to the custodian of the record.
[38:07.640 --> 38:11.640]  I have seen that in the judicial records context.
[38:11.640 --> 38:16.640]  I haven't seen it in the regular public open records.
[38:16.640 --> 38:18.640]  If it's there, that's great.
[38:18.640 --> 38:19.640]  That would be wonderful.
[38:19.640 --> 38:21.640]  I can't remember having seen it.
[38:21.640 --> 38:22.640]  I've seen it.
[38:22.640 --> 38:28.640]  It's either in the code itself or it is in a attorney jail's opinion because I've definitely seen it.
[38:28.640 --> 38:29.640]  Cool.
[38:29.640 --> 38:31.640]  And I've used it on them several times.
[38:31.640 --> 38:32.640]  Great.
[38:32.640 --> 38:35.640]  So go to the custodian of records.
[38:35.640 --> 38:41.640]  That is going to be, statutorily, look at 552.201 and 202.
[38:41.640 --> 38:43.640]  It says it's the elected official.
[38:43.640 --> 38:45.640]  It's the department head.
[38:45.640 --> 38:48.640]  It's the records coordinator if they've designated one.
[38:48.640 --> 38:51.640]  So just think about the department head.
[38:51.640 --> 38:56.640]  Go aim for the highest person you can see in that area, the highest administrative officer,
[38:56.640 --> 39:01.640]  chief administrative officer, the elected county officer, the department head.
[39:01.640 --> 39:03.640]  Aim for that level.
[39:03.640 --> 39:06.640]  Put your request in there and I've got a 459 rule.
[39:06.640 --> 39:16.640]  459 p.m. you should have your request in at the latest because otherwise they count it as not having come in on that day.
[39:16.640 --> 39:23.640]  And they've kept their 10 business days that they think they have and they're going to start counting not on the date.
[39:23.640 --> 39:26.640]  So let's say we put it in this afternoon.
[39:26.640 --> 39:37.640]  If I get it in today, anytime before 459, today's Thursday, they're going to count tomorrow as day one Friday.
[39:37.640 --> 39:38.640]  Wait, wait.
[39:38.640 --> 39:46.640]  It is day one because they have 10 full days.
[39:46.640 --> 39:50.640]  So the date on which you make the request doesn't count.
[39:50.640 --> 39:51.640]  Correct.
[39:51.640 --> 39:53.640]  So today doesn't count.
[39:53.640 --> 39:57.640]  If I get it in today before 459, today doesn't count.
[39:57.640 --> 39:59.640]  And tomorrow will be day one.
[39:59.640 --> 40:12.640]  But if I get it in at five o'clock or after, then they consider they received it tomorrow, Friday, and they are not going to count day one until Monday.
[40:12.640 --> 40:22.640]  So I'd like to make sure if I'm given a request, I got to make sure it gets to them before 459 or by 459.
[40:22.640 --> 40:29.640]  Now, there's one cool thing about these 10 business days while we're talking about business days and timeframes.
[40:29.640 --> 40:35.640]  Pay attention because some of these entities you're requesting have 24-7 business hours.
[40:35.640 --> 40:38.640]  They're open for business 24-7.
[40:38.640 --> 40:41.640]  So you've got a sheriff.
[40:41.640 --> 40:54.640]  The sheriff has calendar days equals business days because that sheriff, while he might not be awake at all shifts, his duties don't end.
[40:54.640 --> 40:59.640]  You know, some of these most government officials are doing something like eight to five.
[40:59.640 --> 41:05.640]  They've got normal business hours that everybody thinks of, Monday through Friday, eight to five.
[41:05.640 --> 41:11.640]  But somebody like a sheriff, all hours of the day and night, holidays, it doesn't matter.
[41:11.640 --> 41:18.640]  You have never heard a sheriff say, I'm sorry, I can't put you in my jail today because it's after five.
[41:18.640 --> 41:20.640]  And, well, I'll see you.
[41:20.640 --> 41:22.640]  On Monday, it's going to be Labor Day.
[41:22.640 --> 41:24.640]  So I'm just, we'll just deal with this on Tuesday.
[41:24.640 --> 41:29.640]  No, they will go and do whatever they need to at all hours.
[41:29.640 --> 41:34.640]  So he has his responsibilities when they are 24-7.
[41:34.640 --> 41:51.640]  So the postmark rule, if you get a request in the mail, I'm sorry, you place a request in the mail and it is postmarked today,
[41:51.640 --> 41:57.640]  then it counts as having been received today, even though they didn't actually receive it today.
[41:57.640 --> 42:09.640]  So that's sometimes useful in certain situations. I still recommend email, but if you're in a situation where maybe you live close to a hub,
[42:09.640 --> 42:16.640]  a mail hub, and don't have email access, well, you can do that.
[42:16.640 --> 42:29.640]  So like even right now, it's quarter to 9 p.m. I can run down to the main hub and throw a request in the hopper and it's considered received today.
[42:29.640 --> 42:41.640]  I suggest that you give your requests an ID or number or code of some kind that's meaningful to you because when you get a response back or you get some of this pushback,
[42:41.640 --> 42:52.640]  it's going to be a lot easier for you if you can say that was record your request number 4 and you can keep track of them that way and put it on your calendar.
[42:52.640 --> 43:03.640]  Yes, and in that vein, only ask for one record or one specific type of record per request.
[43:03.640 --> 43:12.640]  If you ask for a whole bunch of things in one request, they'll take one that they object to and withhold everything based on that one.
[43:12.640 --> 43:18.640]  They get a separate request from me for everything.
[43:18.640 --> 43:28.640]  It can be tricky. Well, we've got a few more suggestions to hit. We're just about to go here from our sponsors.
[43:28.640 --> 43:33.640]  There are a few other things I'd like to mention here about this, but...
[43:33.640 --> 43:41.640]  Wait a minute, Brett. You're making me look bad. You didn't dive headlong off the cliff like I did.
[43:41.640 --> 43:46.640]  Oh, okay. Got it. Sorry, sorry. Okay, we'll just keep on going here.
[43:46.640 --> 43:59.640]  Okay, hang on. Check out our sponsors if you find value in what we offer. Check out our sponsors and help them help us stay on the air.
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[46:56.660 --> 46:58.660]  Okay, we are back.
[46:58.660 --> 47:01.660]  Randy Kelton, Brett Fountain, rule of law radio,
[47:01.660 --> 47:10.660]  and Brett, we're finishing up on a nice tutorial on open records.
[47:10.660 --> 47:14.660]  And while this is presented for Texas,
[47:14.660 --> 47:19.660]  it's relatively consistent across the states.
[47:19.660 --> 47:24.660]  But as I mentioned earlier, Tennessee's open records is 552.
[47:24.660 --> 47:28.660]  The federal FOIA is 552.
[47:28.660 --> 47:33.660]  Just about everybody has adopted the same original set of code.
[47:33.660 --> 47:35.660]  So we're running to a website.
[47:35.660 --> 47:40.660]  I stumbled across something called the National Freedom of Information Coalition.
[47:40.660 --> 47:50.660]  It's NFOIC, the acronym, National Freedom of Information Coalition, NFOIC.org.
[47:50.660 --> 47:52.660]  And they break it out by state.
[47:52.660 --> 47:54.660]  You can go and click on different states.
[47:54.660 --> 47:57.660]  Utah, what's it going to be like in Utah?
[47:57.660 --> 48:01.660]  They'll tell you some, what's the section number, this or that.
[48:01.660 --> 48:03.660]  So that's really helpful.
[48:03.660 --> 48:06.660]  And of course, it references the federal level as well,
[48:06.660 --> 48:11.660]  which everybody knows is FOIA, Freedom of Information Act.
[48:11.660 --> 48:18.660]  Yeah, so that was a helpful resource for trying to help get to,
[48:18.660 --> 48:22.660]  from my understanding of Texas, logs, statutes,
[48:22.660 --> 48:26.660]  and trying to translate that to somebody has a question in Florida.
[48:26.660 --> 48:29.660]  We can look at that.
[48:29.660 --> 48:38.660]  So I would suggest when you send these requests in to whatever governmental body is owing you your records,
[48:38.660 --> 48:41.660]  you need to put this on your calendar.
[48:41.660 --> 48:44.660]  Two moments per request.
[48:44.660 --> 48:50.660]  Moment number one is when you expect is the minimum reasonable timeframe.
[48:50.660 --> 48:57.660]  Think about how fast they would be if the president and the secret service were breathing down their neck
[48:57.660 --> 49:01.660]  and how fast do you think they could produce those records?
[49:01.660 --> 49:04.660]  Okay, put a moment on your calendar for that.
[49:04.660 --> 49:08.660]  And then a moment number two is when their time expires.
[49:08.660 --> 49:17.660]  In Texas, they have maximum 10 business days allowable before it's considered official misconduct and criminal charges.
[49:17.660 --> 49:19.660]  So that's the second moment.
[49:19.660 --> 49:24.660]  Moment number one is when you think it's reasonable for them to produce the minimum reasonable timeframe.
[49:24.660 --> 49:28.660]  Moment number two is when is their 10 business days up?
[49:28.660 --> 49:33.660]  And be ready to follow up with them because you'll almost certainly need to.
[49:33.660 --> 49:37.660]  Moment number one, you send them a happy little friendly reminder.
[49:37.660 --> 49:41.660]  Hey, I noticed it's been three days and you still haven't even acknowledged my request.
[49:41.660 --> 49:43.660]  What's going on?
[49:43.660 --> 49:46.660]  I expected this would take you under 15 minutes.
[49:46.660 --> 49:49.660]  Please respond right away.
[49:49.660 --> 49:53.660]  Moment number two, once their 10 days are up,
[49:53.660 --> 49:55.660]  you don't reach out to them first.
[49:55.660 --> 49:59.660]  You send a criminal complaint against the custodian to the attorney general.
[49:59.660 --> 50:02.660]  You send a judicial misconduct complaint against the custodian.
[50:02.660 --> 50:05.660]  If you were asking the judge for judicial records,
[50:05.660 --> 50:10.660]  you just send a judicial misconduct complaint to the state in Texas.
[50:10.660 --> 50:16.660]  If the SCJC commission on judicial conduct.
[50:16.660 --> 50:19.660]  Let me make a comment here.
[50:19.660 --> 50:23.660]  If you are asking for judicial records,
[50:23.660 --> 50:31.660]  you file a complaint under 39.03 Texas penal code, official oppression.
[50:31.660 --> 50:35.660]  If you are asking for public records,
[50:35.660 --> 50:40.660]  you file a complaint under 552.353.
[50:40.660 --> 50:44.660]  That's designated official misconduct.
[50:44.660 --> 50:49.660]  If a court does it, these are not public records,
[50:49.660 --> 50:52.660]  so 552 doesn't apply.
[50:52.660 --> 50:55.660]  But if a court fails to produce it,
[50:55.660 --> 50:58.660]  then they fail to form a duty they required to form,
[50:58.660 --> 51:01.660]  and in the process tonight you'd pull free access to rejoin the right.
[51:01.660 --> 51:02.660]  That's official oppression.
[51:02.660 --> 51:04.660]  They're both class A misdemeanors,
[51:04.660 --> 51:11.660]  but they will object if you get the wrong citation.
[51:11.660 --> 51:14.660]  And also the canons in Texas,
[51:14.660 --> 51:16.660]  we have a code of judicial conduct,
[51:16.660 --> 51:19.660]  and in that code of judicial conduct,
[51:19.660 --> 51:24.660]  they are required to provide records.
[51:24.660 --> 51:26.660]  So if they don't, then that's a violation,
[51:26.660 --> 51:30.660]  and it's a reason for, I think it's a,
[51:30.660 --> 51:36.660]  let's see, it's 3C canon, canon 3C subsection 5.
[51:36.660 --> 51:39.660]  A judge shall not fail to comply with rule 12
[51:39.660 --> 51:41.660]  of the rules of judicial administration,
[51:41.660 --> 51:45.660]  knowing that the failure to comply is in violation of the rule.
[51:45.660 --> 51:48.660]  Wait, you just said shall not.
[51:48.660 --> 51:50.660]  He shall not.
[51:50.660 --> 51:55.660]  Generally those canons say should not,
[51:55.660 --> 51:59.660]  and that means, may matter, can if they want to.
[51:59.660 --> 52:01.660]  Shall not doesn't.
[52:01.660 --> 52:02.660]  Right.
[52:02.660 --> 52:04.660]  It doesn't leave at him any wiggle room.
[52:04.660 --> 52:06.660]  He has to give you those records.
[52:06.660 --> 52:09.660]  It's a judge that didn't give it to you on that moment,
[52:09.660 --> 52:12.660]  number two, 10 days is up.
[52:12.660 --> 52:14.660]  Judicial conduct complaint, criminal complaint.
[52:14.660 --> 52:20.660]  If the person who is answering you is some lawyer interloper,
[52:20.660 --> 52:23.660]  you didn't ask a lawyer, somehow they deflected,
[52:23.660 --> 52:26.660]  and a lawyer is the one responding to you,
[52:26.660 --> 52:28.660]  you bargered that lawyer.
[52:28.660 --> 52:30.660]  He's impersonating an elected official
[52:30.660 --> 52:33.660]  because you went to the custodian of records,
[52:33.660 --> 52:35.660]  you reached out to the person who was responsible
[52:35.660 --> 52:39.660]  to give you this, and some lawyer is budding in
[52:39.660 --> 52:41.660]  and tell you you can't have your own records
[52:41.660 --> 52:44.660]  because blah, blah, confidentiality, blah, blah,
[52:44.660 --> 52:46.660]  that's my records.
[52:46.660 --> 52:50.660]  Here's how I look at it.
[52:50.660 --> 52:56.660]  The custodian of the record conspired with this third party
[52:56.660 --> 52:59.660]  to deny me access.
[52:59.660 --> 53:03.660]  The custodian does not get away from the custodian's
[53:03.660 --> 53:08.660]  story responsibility just because he talked to a shyster.
[53:08.660 --> 53:13.660]  If he talked to the shyster and they agreed to do something illegal,
[53:13.660 --> 53:19.660]  I read that as criminal conspiracy.
[53:19.660 --> 53:23.660]  So I recommend sending a bar grievance against an interloper
[53:23.660 --> 53:28.660]  who is consulting and having his client pay him,
[53:28.660 --> 53:31.660]  in other words, we the people get to pay his hourly fees
[53:31.660 --> 53:36.660]  so that he can tell my public servant to not follow my law.
[53:36.660 --> 53:39.660]  That's bar grievance.
[53:39.660 --> 53:41.660]  And after you've done all of that,
[53:41.660 --> 53:44.660]  criminal complaints, judicial misconduct, bar agreements,
[53:44.660 --> 53:49.660]  then you send a past due reminder back to the original person.
[53:49.660 --> 53:53.660]  Hey, you owe me some records over here.
[53:53.660 --> 53:55.660]  You're past your 10 business days.
[53:55.660 --> 53:58.660]  He'll find out within another day or two, five days,
[53:58.660 --> 54:03.660]  maybe he'll find out that everything's coming crumbling down around
[54:03.660 --> 54:07.660]  because he didn't do right.
[54:07.660 --> 54:11.660]  So just be ready to reply really, really quickly
[54:11.660 --> 54:13.660]  and challenge them.
[54:13.660 --> 54:17.660]  Just one word of caution.
[54:17.660 --> 54:20.660]  Once you get this figured out,
[54:20.660 --> 54:26.660]  hammering them can become way too much fun.
[54:26.660 --> 54:28.660]  It can also be time consuming.
[54:28.660 --> 54:30.660]  So just be ready.
[54:30.660 --> 54:33.660]  Be putting it on your calendar and be ready
[54:33.660 --> 54:37.660]  because they very well may come back to you
[54:37.660 --> 54:41.660]  and give you just a bunch of guff about why they can't this
[54:41.660 --> 54:44.660]  or the such and blah, blah, blah, blah,
[54:44.660 --> 54:48.660]  the rules of evidence this is not going to anything admissible evidence.
[54:48.660 --> 54:53.660]  They will just make up stuff and be ready to ask them
[54:53.660 --> 54:56.660]  and challenge them to produce legal authority
[54:56.660 --> 54:58.660]  for whatever obstacle they present.
[54:58.660 --> 55:02.660]  Because basically they usually can't.
[55:02.660 --> 55:08.660]  There's almost never been a time when they throw up an obstacle
[55:08.660 --> 55:10.660]  and have legal authority to back it up.
[55:10.660 --> 55:15.660]  So just challenge them, be ready to hold them to it.
[55:15.660 --> 55:18.660]  Say, oh, it's the office policy, huh?
[55:18.660 --> 55:26.660]  Please give me a copy of that policy.
[55:26.660 --> 55:31.660]  And if you have difficulty from a custodian of the record
[55:31.660 --> 55:34.660]  where they start obfuscating,
[55:34.660 --> 55:39.660]  well, I'm not sure what you're asking for, blah, blah, blah,
[55:39.660 --> 55:42.660]  then you go to jurismprudence.website,
[55:42.660 --> 55:44.660]  go to the documents and research,
[55:44.660 --> 55:49.660]  blanks and pull out my scope and content request.
[55:49.660 --> 55:53.660]  That's the one I filed when they annoy me
[55:53.660 --> 56:03.660]  because it asks for the scope and substantive content
[56:03.660 --> 56:06.660]  of all records collected simply maintained by the department.
[56:06.660 --> 56:10.660]  The names of all records kept, the form in which you kept,
[56:10.660 --> 56:12.660]  the substantive content of the records,
[56:12.660 --> 56:15.660]  you're not asking for any actual content.
[56:15.660 --> 56:18.660]  Just the nature of what is kept in the records.
[56:18.660 --> 56:23.660]  I had a captain on the sheriff's department spend eight hours
[56:23.660 --> 56:28.660]  going through all of the records they kept.
[56:28.660 --> 56:30.660]  It gave me a hard time.
[56:30.660 --> 56:34.660]  And they will always ask for clarification.
[56:34.660 --> 56:37.660]  And when they ask for clarification, I tell them,
[56:37.660 --> 56:39.660]  well, I'm afraid I can't help you with that.
[56:39.660 --> 56:43.660]  If you need clarification, go to the legislature
[56:43.660 --> 56:48.660]  because you'll find that section is taken right out of the code.
[56:48.660 --> 56:55.660]  So ask them what they meant by this.
[56:55.660 --> 56:58.660]  Yes.
[56:58.660 --> 56:59.660]  Okay.
[56:59.660 --> 57:00.660]  Thank you.
[57:00.660 --> 57:01.660]  I know I have for that.
[57:01.660 --> 57:03.660]  I think, go ahead.
[57:03.660 --> 57:07.660]  When we come back, we've got Don Terry here.
[57:07.660 --> 57:12.660]  I want to bring him on, but I will spend a little bit addressing
[57:12.660 --> 57:17.660]  a fight I'm about to pick with the federal agency.
[57:17.660 --> 57:21.660]  Well, we also have some callers coming up on the board here.
[57:21.660 --> 57:22.660]  Yeah, we do.
[57:22.660 --> 57:25.660]  I might be wanting to talk about some of this
[57:25.660 --> 57:27.660]  or have questions about some of this.
[57:27.660 --> 57:28.660]  Do you want to?
[57:28.660 --> 57:30.660]  I don't know.
[57:30.660 --> 57:31.660]  Okay.
[57:31.660 --> 57:33.660]  Let's go to Don when we come back.
[57:33.660 --> 57:36.660]  I'll talk about my SEC thing tomorrow.
[57:36.660 --> 57:37.660]  Okay.
[57:37.660 --> 57:44.660]  So if you have an issue on open records,
[57:44.660 --> 57:46.660]  this is going to make a great archive.
[57:46.660 --> 57:51.660]  So keep track of when this is the 7th of November.
[57:51.660 --> 57:54.660]  It's actually my anniversary.
[57:54.660 --> 57:57.660]  Oh, you just now remembered.
[57:57.660 --> 58:00.660]  Oh, no, no, I talked to the wife earlier.
[58:00.660 --> 58:02.660]  49 years.
[58:02.660 --> 58:05.660]  I forgot our 30th anniversary.
[58:05.660 --> 58:10.660]  How do you expect somebody to remember something that long ago?
[58:10.660 --> 58:14.660]  She was not understanding.
[58:14.660 --> 58:19.660]  She's been upset for about 19 years over that.
[58:19.660 --> 58:21.660]  Let me just never forget.
[58:21.660 --> 58:22.660]  Okay.
[58:22.660 --> 58:26.660]  This is Randy Kelton, Brett Fountain, rhythm on radio.
[58:26.660 --> 58:30.660]  I call it number 5126461984.
[58:30.660 --> 58:32.660]  We have three callers on the board.
[58:32.660 --> 58:34.660]  We will try to get to everybody.
[58:34.660 --> 58:37.660]  When we come back, we have Don Terry.
[58:37.660 --> 58:41.660]  And with Don, we're going to talk about how to craft criminal complaints.
[58:41.660 --> 58:42.660]  Hang on.
[58:42.660 --> 58:45.660]  We'll be right back.
[58:45.660 --> 58:52.660]  The Bible remains the most popular book in the world.
[58:52.660 --> 58:56.660]  Yet countless readers are frustrated because they struggle to understand it.
[58:56.660 --> 59:00.660]  Some new translations try to help by simplifying the text,
[59:00.660 --> 59:05.660]  but in the process can compromise the profound meaning of the Scripture.
[59:05.660 --> 59:08.660]  Enter the recovery version.
[59:08.660 --> 59:12.660]  First, this new translation is extremely faithful and accurate,
[59:12.660 --> 59:17.660]  but the real story is the more than 9,000 explanatory footnotes.
[59:17.660 --> 59:21.660]  Difficult and profound passages are opened up in a marvelous way,
[59:21.660 --> 59:27.660]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:27.660 --> 59:32.660]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:32.660 --> 59:38.660]  This comprehensive yet compact study Bible is yours just by calling us toll-free
[59:38.660 --> 59:43.660]  at 1-888-551-0102
[59:43.660 --> 59:47.660]  or by ordering online at freestudybible.com.
[59:47.660 --> 59:50.660]  That's freestudybible.com.
[59:50.660 --> 59:59.660]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[59:59.660 --> 01:00:05.660]  The following news flash is brought to you by The Lowest Star Lowdown.
[01:00:05.660 --> 01:00:10.660]  Markets for Monday the 22nd of July 2019 open with precious metals.
[01:00:10.660 --> 01:00:13.660]  Gold at $1,429 an ounce.
[01:00:13.660 --> 01:00:15.660]  Silver, $16.45 an ounce.
[01:00:15.660 --> 01:00:17.660]  Copper, $2.75 an ounce.
[01:00:17.660 --> 01:00:20.660]  Oil, Texas crude, $55.63 a barrel.
[01:00:20.660 --> 01:00:23.660]  Brent crude, $62.47 a barrel.
[01:00:23.660 --> 01:00:25.660]  And cryptos in order of market cap.
[01:00:25.660 --> 01:00:28.660]  Bitcoin Core, $10,566.52.
[01:00:28.660 --> 01:00:31.660]  Ethereum, $227.26.
[01:00:31.660 --> 01:00:34.660]  XRP, Ripple, $0.33.
[01:00:34.660 --> 01:00:36.660]  Light coin, $100.31.
[01:00:36.660 --> 01:00:41.660]  And Bitcoin Cash is at $324.10 a crypto coin.
[01:00:41.660 --> 01:00:49.660]  Today in History, the year 1916, the Preparedness Day Bombing,
[01:00:49.660 --> 01:00:53.660]  a time suitcase bomb was detonated on Market Street in San Francisco
[01:00:53.660 --> 01:00:56.660]  during the World War I Preparedness Day Parade,
[01:00:56.660 --> 01:00:58.660]  killing 10 and injuring 40.
[01:00:58.660 --> 01:01:00.660]  Today in History.
[01:01:03.660 --> 01:01:05.660]  And recent news.
[01:01:05.660 --> 01:01:08.660]  Since Governor Greg Abbott signed House Bill 1325,
[01:01:08.660 --> 01:01:11.660]  legalizing Hepin attacks his law back in June,
[01:01:11.660 --> 01:01:13.660]  county prosecutors around the state including Houston,
[01:01:13.660 --> 01:01:16.660]  Austin, and San Antonio have been dropping marijuana
[01:01:16.660 --> 01:01:18.660]  possession charges and even refusing to file new ones
[01:01:18.660 --> 01:01:21.660]  since they are stipulating that they do not have the time
[01:01:21.660 --> 01:01:24.660]  or the laboratory equipment to test the herb for THC.
[01:01:24.660 --> 01:01:27.660]  Margaret Moore, the Travis County District Attorney,
[01:01:27.660 --> 01:01:29.660]  announced earlier this month that she was dismissing
[01:01:29.660 --> 01:01:32.660]  32 felony possession and delivery of marijuana cases
[01:01:32.660 --> 01:01:33.660]  because of the law.
[01:01:33.660 --> 01:01:36.660]  Mr. Abbott and other state officials including the Attorney General
[01:01:36.660 --> 01:01:38.660]  stipulated in a letter to county district attorneys
[01:01:38.660 --> 01:01:41.660]  back on Thursday that marijuana has not been decriminalized
[01:01:41.660 --> 01:01:43.660]  in Texas and that these actions demonstrate
[01:01:43.660 --> 01:01:47.660]  a misunderstanding of how HB 1325 works,
[01:01:47.660 --> 01:01:50.660]  as well as other cities too like the district attorney
[01:01:50.660 --> 01:01:54.660]  in El Paso, Cayma Esparza, a Democrat who also stated
[01:01:54.660 --> 01:01:56.660]  earlier this month that the law,
[01:01:56.660 --> 01:01:59.660]  quote, will not have an effect on the prosecution
[01:01:59.660 --> 01:02:01.660]  of marijuana cases in El Paso.
[01:02:01.660 --> 01:02:04.660]  However, the issue was succinctly summarized by Mr. Brandon Ball
[01:02:04.660 --> 01:02:07.660]  and an assistant public defender in Harris County
[01:02:07.660 --> 01:02:09.660]  who stated that, quote, the law is constantly changing
[01:02:09.660 --> 01:02:12.660]  on what makes something illegal based on its chemical makeup.
[01:02:12.660 --> 01:02:15.660]  It's important that if someone is charged with something,
[01:02:15.660 --> 01:02:18.660]  the test matches what they're charged with.
[01:02:22.660 --> 01:02:25.660]  A paper by Tulane University identified a 5.5 inch
[01:02:25.660 --> 01:02:28.660]  American pocket shark as the first of its kind
[01:02:28.660 --> 01:02:29.660]  in the Gulf of Mexico.
[01:02:29.660 --> 01:02:32.660]  The specimen being only the second pocket shark
[01:02:32.660 --> 01:02:35.660]  ever captured or recorded with the other one
[01:02:35.660 --> 01:02:38.660]  being found way back in 1979 in the East Pacific Ocean.
[01:02:38.660 --> 01:02:40.660]  According to the university paper,
[01:02:40.660 --> 01:02:43.660]  the shark secretes a luminous fluid from a gland
[01:02:43.660 --> 01:02:45.660]  near its front fins.
[01:02:45.660 --> 01:02:48.660]  For the purpose, it is hypothesized to lure and prey
[01:02:48.660 --> 01:02:50.660]  who may be drawn into the glow.
[01:02:50.660 --> 01:03:00.660]  This is Luke Brody of the Lowdown for July 22, 2019.
[01:03:20.660 --> 01:03:44.660]  Okay, we are back.
[01:03:44.660 --> 01:03:46.660]  Randy Kelton, Brett Fountain,
[01:03:46.660 --> 01:03:48.660]  with our radio on this Thursday,
[01:03:48.660 --> 01:03:52.660]  the seventh day of November, 2019.
[01:03:52.660 --> 01:03:55.660]  And Ken and Tina, I see you there.
[01:03:55.660 --> 01:04:00.660]  Scott, you dropped off and you were in the top slot.
[01:04:00.660 --> 01:04:02.660]  We're going to talk to Don Terry.
[01:04:02.660 --> 01:04:05.660]  Don Terry is a host on the network
[01:04:05.660 --> 01:04:10.660]  and has an issue in Georgia, in Alabama.
[01:04:10.660 --> 01:04:17.660]  And we're going to talk a little bit about preparing criminal complaints.
[01:04:17.660 --> 01:04:20.660]  Don, you want to start?
[01:04:20.660 --> 01:04:23.660]  Just how much stuff do you put in them?
[01:04:23.660 --> 01:04:26.660]  Do you tell a story or just to find details?
[01:04:26.660 --> 01:04:30.660]  How long should they be?
[01:04:30.660 --> 01:04:33.660]  How much stuff do you put in?
[01:04:33.660 --> 01:04:36.660]  Okay, Don sent me a complaint earlier
[01:04:36.660 --> 01:04:38.660]  and it was well written.
[01:04:38.660 --> 01:04:42.660]  But it was written with the presumption
[01:04:42.660 --> 01:04:46.660]  that whoever he was writing it to
[01:04:46.660 --> 01:04:49.660]  understood the law and the process.
[01:04:49.660 --> 01:04:52.660]  So he didn't tell them everything.
[01:04:52.660 --> 01:04:55.660]  And I suggest when you write a criminal complaint,
[01:04:55.660 --> 01:04:58.660]  you write it for the guy next door
[01:04:58.660 --> 01:05:03.660]  or the guy down the street that doesn't know anything about what's happened.
[01:05:03.660 --> 01:05:06.660]  But he's also not a legal professional.
[01:05:06.660 --> 01:05:09.660]  So you don't leave anything out.
[01:05:09.660 --> 01:05:12.660]  You tell them all of the facts
[01:05:12.660 --> 01:05:18.660]  and all of the law as it applies to those facts.
[01:05:18.660 --> 01:05:21.660]  And you do something else.
[01:05:21.660 --> 01:05:24.660]  First thing, when I have an issue like this,
[01:05:24.660 --> 01:05:26.660]  the first thing I want is a timeline.
[01:05:26.660 --> 01:05:28.660]  We get a complete timeline.
[01:05:28.660 --> 01:05:31.660]  And once we have the timeline down,
[01:05:31.660 --> 01:05:38.660]  the reason for a timeline is when you're in an intense emotional circumstance,
[01:05:38.660 --> 01:05:43.660]  you sometimes you tell what happened to someone else
[01:05:43.660 --> 01:05:46.660]  and you tell it to another person and another person.
[01:05:46.660 --> 01:05:48.660]  And sometimes they'll ask a question
[01:05:48.660 --> 01:05:52.660]  that goes to a different issue that's not in chronological order.
[01:05:52.660 --> 01:05:56.660]  So you'll tell some things not in order.
[01:05:56.660 --> 01:06:02.660]  And it's about how memory works.
[01:06:02.660 --> 01:06:07.660]  Research has indicated that we don't go inside and read memory.
[01:06:07.660 --> 01:06:09.660]  We go inside and take memory out,
[01:06:09.660 --> 01:06:12.660]  re-experience the memory and put it back.
[01:06:12.660 --> 01:06:14.660]  And that causes a problem.
[01:06:14.660 --> 01:06:19.660]  And once we understood that, it was clear how this happens.
[01:06:19.660 --> 01:06:23.660]  You re-experience what occurred.
[01:06:23.660 --> 01:06:25.660]  But if you're re-experiencing part of it
[01:06:25.660 --> 01:06:31.660]  and somebody makes a comment that causes you to jump to another part,
[01:06:31.660 --> 01:06:35.660]  you pull that out and you jump to another part and you pull that out
[01:06:35.660 --> 01:06:37.660]  and then you put them back.
[01:06:37.660 --> 01:06:41.660]  Well, they don't go back in the order that they actually occurred in.
[01:06:41.660 --> 01:06:45.660]  So, first thing I want is a timeline.
[01:06:45.660 --> 01:06:48.660]  If this happened and this happened and this happened,
[01:06:48.660 --> 01:06:55.660]  those events that are out of time will show up on the timeline.
[01:06:55.660 --> 01:06:57.660]  You'll say, wait a minute, that didn't happen here.
[01:06:57.660 --> 01:06:58.660]  It happened over here.
[01:06:58.660 --> 01:07:00.660]  And you kind of get the timeline straightened out.
[01:07:00.660 --> 01:07:02.660]  Once you get the timeline straightened out,
[01:07:02.660 --> 01:07:06.660]  you go back and you walk through filling in the facts.
[01:07:06.660 --> 01:07:10.660]  You fill in all the facts, the relevant facts, the irrelevant facts,
[01:07:10.660 --> 01:07:13.660]  all the facts you can think of.
[01:07:13.660 --> 01:07:17.660]  Once you get all that done, then you want to make up a story.
[01:07:17.660 --> 01:07:21.660]  Look at all the facts you got and look at all of the allegations
[01:07:21.660 --> 01:07:24.660]  and claims you can make based on these facts.
[01:07:24.660 --> 01:07:28.660]  And then make yourself up a story.
[01:07:28.660 --> 01:07:32.660]  Make yourself up a story that follows all of these facts
[01:07:32.660 --> 01:07:35.660]  and stitches facts together.
[01:07:35.660 --> 01:07:40.660]  You don't have to include every fact.
[01:07:40.660 --> 01:07:49.660]  You make up a good story and you use the facts that support your story.
[01:07:49.660 --> 01:07:52.660]  Then you tell this story.
[01:07:52.660 --> 01:07:57.660]  But you tell the story in a way such that
[01:07:57.660 --> 01:08:03.660]  you can address each of the wrongful things that occurred.
[01:08:03.660 --> 01:08:08.660]  I have a document on the Juris' Imprudence website
[01:08:08.660 --> 01:08:11.660]  that goes to Cherokee County.
[01:08:11.660 --> 01:08:17.660]  I have a affidavit in there, a statement,
[01:08:17.660 --> 01:08:22.660]  and it's about 25, 30 pages.
[01:08:22.660 --> 01:08:27.660]  Out of that document, I tell the whole story
[01:08:27.660 --> 01:08:30.660]  and then I go back to the beginning of it and start down the story.
[01:08:30.660 --> 01:08:34.660]  Well, at this point, when the judge did this and the clerk did this,
[01:08:34.660 --> 01:08:37.660]  I get four or five criminal complaints out of that one.
[01:08:37.660 --> 01:08:41.660]  And then I go down the story again and then for each criminal complaint,
[01:08:41.660 --> 01:08:45.660]  I've got the judge and the clerk doing something together.
[01:08:45.660 --> 01:08:51.660]  So I take the section of the story that addresses what the judge and clerk did
[01:08:51.660 --> 01:08:55.660]  and I put it in a complaint against the judge.
[01:08:55.660 --> 01:09:00.660]  Then I take the same thing and I put it in a complaint against the clerk
[01:09:00.660 --> 01:09:05.660]  so that it's written for a grand jury, always for a grand jury.
[01:09:05.660 --> 01:09:09.660]  So the grand jury member reads the statement
[01:09:09.660 --> 01:09:12.660]  and then they start reading through these complaints.
[01:09:12.660 --> 01:09:14.660]  Well, they read the complaint against the judge
[01:09:14.660 --> 01:09:18.660]  and they read that same section that come out of the statement
[01:09:18.660 --> 01:09:21.660]  to remember where that came from.
[01:09:21.660 --> 01:09:24.660]  But then they read one against the clerk where they read the same thing again.
[01:09:24.660 --> 01:09:27.660]  The time they've read it the third time, they got it.
[01:09:27.660 --> 01:09:34.660]  So it tends to stick it in their brain and by writing one complete story,
[01:09:34.660 --> 01:09:36.660]  everything fits together.
[01:09:36.660 --> 01:09:38.660]  There's no holes in it.
[01:09:38.660 --> 01:09:40.660]  There's no places for them to trip you up.
[01:09:40.660 --> 01:09:42.660]  Does that make sense, Don?
[01:09:42.660 --> 01:09:43.660]  Yes, it does.
[01:09:43.660 --> 01:09:47.660]  But does the whole thing go in the complaint, the timeline, and the story?
[01:09:47.660 --> 01:09:49.660]  Yeah.
[01:09:49.660 --> 01:09:51.660]  So it's a multi-page thing.
[01:09:51.660 --> 01:09:54.660]  Yeah, give them a novel.
[01:09:54.660 --> 01:10:02.660]  I filed criminal charges against all of the judges of the Court of Criminal Appeals.
[01:10:02.660 --> 01:10:07.660]  With the grand jury, it was 119 pages.
[01:10:07.660 --> 01:10:10.660]  It was a book.
[01:10:10.660 --> 01:10:12.660]  And almost got them.
[01:10:12.660 --> 01:10:17.660]  The grand jury got my complaints their first day in office
[01:10:17.660 --> 01:10:22.660]  and held them to their last day in office.
[01:10:22.660 --> 01:10:26.660]  Now, generally, a grand jury takes about 10 minutes.
[01:10:26.660 --> 01:10:29.660]  About halfway through a month and a half in, I went to the process,
[01:10:29.660 --> 01:10:33.660]  I went to DeClerk Dawson Brown, the prosecutor who handled the grand jury,
[01:10:33.660 --> 01:10:35.660]  and I said, what's the deal with my complaints?
[01:10:35.660 --> 01:10:37.660]  I thought you're going to give them the grand jury.
[01:10:37.660 --> 01:10:39.660]  She said, Mr. Kelton, I did.
[01:10:39.660 --> 01:10:46.660]  I gave them to you, gave them to them on April the 1st, which was appropriate.
[01:10:46.660 --> 01:10:53.660]  And I made sure that every grand jury read your entire presentment.
[01:10:53.660 --> 01:10:55.660]  Holy mackerel.
[01:10:55.660 --> 01:10:57.660]  119 pages.
[01:10:57.660 --> 01:11:01.660]  The last day in office they nobile.
[01:11:01.660 --> 01:11:08.660]  So those judges spent three months wondering if their career was going to end tomorrow.
[01:11:08.660 --> 01:11:13.660]  And there was absolutely nothing they could do.
[01:11:13.660 --> 01:11:18.660]  And good chance they had seen a copy of this document.
[01:11:18.660 --> 01:11:20.660]  It was ugly.
[01:11:20.660 --> 01:11:28.660]  And when you write the whole story, then the grand jury will better understand,
[01:11:28.660 --> 01:11:34.660]  like in your case, you spent 11 months in jail over this, over a ticket.
[01:11:34.660 --> 01:11:41.660]  You get a ticket and you object to a technical matter concerning the ticket.
[01:11:41.660 --> 01:11:46.660]  It's not like you claim they beat you up or did some horrible stuff to you.
[01:11:46.660 --> 01:11:50.660]  You accused those officers of following policy.
[01:11:50.660 --> 01:11:56.660]  You never accused them of anything but following policy.
[01:11:56.660 --> 01:12:02.660]  And then they come back and file criminal charges against you
[01:12:02.660 --> 01:12:07.660]  because you exercised a constitutionally protected right,
[01:12:07.660 --> 01:12:12.660]  your right to petition the court for redress of grievance.
[01:12:12.660 --> 01:12:17.660]  And you make up a really ugly sounding story
[01:12:17.660 --> 01:12:22.660]  and include all the horrible stuff you suffered as a result of that
[01:12:22.660 --> 01:12:26.660]  because they're responsible for all of that.
[01:12:26.660 --> 01:12:31.660]  And by the time the grand jury gets to the end of it,
[01:12:31.660 --> 01:12:38.660]  if you've done your job right, it won't be a matter of are they guilty or not,
[01:12:38.660 --> 01:12:41.660]  but are they guilty enough?
[01:12:41.660 --> 01:12:44.660]  Did you file enough complaints with us?
[01:12:44.660 --> 01:12:50.660]  And in this case with Cherokee County, I filed 35 criminal complaints
[01:12:50.660 --> 01:12:54.660]  based on that one document.
[01:12:54.660 --> 01:12:57.660]  So as soon as I get, I'm having trouble with my server,
[01:12:57.660 --> 01:13:00.660]  so I had to pull everything down that wasn't essential.
[01:13:00.660 --> 01:13:04.660]  As soon as I get it loaded back up, I'm moving it to a new server,
[01:13:04.660 --> 01:13:06.660]  then you can go and read that thing.
[01:13:06.660 --> 01:13:12.660]  It's rather extensive, but it gives you an idea of how to construct your story
[01:13:12.660 --> 01:13:17.660]  so that it makes sense to an eighth grader.
[01:13:17.660 --> 01:13:25.660]  You want an eighth grader, 12 or 13-year-old, to be able to read this and make sense of it.
[01:13:25.660 --> 01:13:30.660]  So the last page is where you accuse them of the law, whatever law they broke?
[01:13:30.660 --> 01:13:35.660]  No, I write an affidavit and that's separate.
[01:13:35.660 --> 01:13:43.660]  And then I go to the front of the affidavit where I state that on this day,
[01:13:43.660 --> 01:13:51.660]  this officer filed this document with prosecuting attorney, whoever.
[01:13:51.660 --> 01:13:57.660]  And that act was an act of retaliation and violation of 36.06 people.
[01:13:57.660 --> 01:14:00.660]  That's what it would be if it was Texas.
[01:14:00.660 --> 01:14:05.660]  And for the purpose of denying you in your right to petition the court for redress agreements.
[01:14:05.660 --> 01:14:14.660]  And as a result of this filing, you were unable to actively pursue prosecution of the case.
[01:14:14.660 --> 01:14:21.660]  I think your case was dismissed before you got to that?
[01:14:21.660 --> 01:14:25.660]  Yes. After they filed a criminal complaint, it was dismissed.
[01:14:25.660 --> 01:14:33.660]  So you decided not to pursue the litigation and because you decided not to force them through court,
[01:14:33.660 --> 01:14:36.660]  they filed in retaliation against you.
[01:14:36.660 --> 01:14:45.660]  They filed this complaint in retaliation for your exercising a constitutional right.
[01:14:45.660 --> 01:14:49.660]  And you just tell the whole story.
[01:14:49.660 --> 01:14:56.660]  And then you go back, you look close at the filing of that complaint.
[01:14:56.660 --> 01:15:01.660]  With whom did they file that complaint?
[01:15:01.660 --> 01:15:03.660]  What did that person do?
[01:15:03.660 --> 01:15:10.660]  Did they file it directly with the magistrate or did they file it with a prosecutor?
[01:15:10.660 --> 01:15:22.660]  And who on earth told these officers that they could file a criminal complaint against someone for exercising a constitutional right?
[01:15:22.660 --> 01:15:28.660]  These guys didn't come up with that on their own. That's unreasonable.
[01:15:28.660 --> 01:15:32.660]  Somebody put them up to it.
[01:15:32.660 --> 01:15:36.660]  You actually did an open records request to find those things out?
[01:15:36.660 --> 01:15:42.660]  No, nobody's going to admit it.
[01:15:42.660 --> 01:15:47.660]  So you just make it up to the one that seems most fitting to your story and just stick it in there?
[01:15:47.660 --> 01:15:55.660]  Exactly. A criminal conspiracy does not have to be proven. It can be implied from the circumstances.
[01:15:55.660 --> 01:16:06.660]  It is unreasonable to think that two policemen working for this policing agency would come up with such a nonsensical claim.
[01:16:06.660 --> 01:16:08.660]  Somebody had to put them up to it.
[01:16:08.660 --> 01:16:19.660]  And the only person who could reasonably be construed to have done that is the city prosecutor.
[01:16:19.660 --> 01:16:27.660]  In this case, the city prosecutor thinks everybody but him is in Alabama's white trash.
[01:16:27.660 --> 01:16:30.660]  We'll see how that works out for him.
[01:16:30.660 --> 01:16:45.660]  So you accuse him of criminal conspiracy with these officers and you give the officers a way to mitigate the accusations against them.
[01:16:45.660 --> 01:16:50.660]  Well, we just acted in good faith reliance on competent authority.
[01:16:50.660 --> 01:16:59.660]  Hang on, but go to our sponsors. We'll be right back.
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[01:19:21.660 --> 01:19:30.660]  Okay, we are back. Randy Kelton, Brett Fountain, Real Glow Radio. We're talking to Don, Terry, and Alablama.
[01:19:30.660 --> 01:19:33.660]  And, okay, you had a question, Don.
[01:19:33.660 --> 01:19:40.660]  Yeah, the main question is, I guess the only one left for tonight is, so they have a complaint form.
[01:19:40.660 --> 01:19:44.660]  If you use their complaint form, they just have a little section there for you to fill out.
[01:19:44.660 --> 01:19:54.660]  That would be your affidavit because it's supposed to be notarized while they violate it. And then the story that you attach with it.
[01:19:54.660 --> 01:20:00.660]  The story is actually your affidavit. Both of them are affidavits.
[01:20:00.660 --> 01:20:15.660]  You write up just an affidavit. I, Don, Terry, have reason to believe and do believe. I'd state on my own the following, you state it all, and further, I say it's not notarized.
[01:20:15.660 --> 01:20:20.660]  That's affidavit. That tells the whole story.
[01:20:20.660 --> 01:20:30.660]  And then the criminal complaint extracts a piece out of that story and drops it in the complaint.
[01:20:30.660 --> 01:20:40.660]  And in this case, when I do these, I do both of them together because I write the statement and then I start looking at that statement.
[01:20:40.660 --> 01:20:52.660]  How can I carve criminal complaints out of that? Like in this statement, I'll say these two police officers did not seem terribly sophisticated in legal matter.
[01:20:52.660 --> 01:21:09.660]  So it is unreasonable to think that they came up with this idea of filing against me based on this relatively new and unajudicated statute.
[01:21:09.660 --> 01:21:13.660]  It's unreasonable to think they came up with this by themselves.
[01:21:13.660 --> 01:21:24.660]  Since it is a new statute, it is reasonable to construe that before they filed these criminal complaints that they spoke with a prosecuting attorney,
[01:21:24.660 --> 01:21:44.660]  we suspect and allege that they spoke with the city attorney and when they filed these complaints with the district attorney, it would have been the district attorney's duty to look at these complaints
[01:21:44.660 --> 01:21:56.660]  and tell them that these are not proper complaints, but the district attorney failed to do so and then the complaints were presented to some magistrate who had a duty to properly apply the law to the facts
[01:21:56.660 --> 01:22:10.660]  and the magistrate failed to perform his duty. There were checks and balances in place that were not exercised or all of those people required to exercise those checks and balances
[01:22:10.660 --> 01:22:15.660]  acted in concert and collusion.
[01:22:15.660 --> 01:22:18.660]  You see how that works, Don?
[01:22:18.660 --> 01:22:28.660]  How do you attach them together, though, the complaint form so that you just send them to a prosecutor? How do you know they don't separate them?
[01:22:28.660 --> 01:22:39.660]  In the complaint itself, I always note that there's an attached affidavit. See, attached affidavit for more details.
[01:22:39.660 --> 01:22:41.660]  All right, I got it now.
[01:22:41.660 --> 01:22:47.660]  And when you start putting all the pieces together, how did these guys get here?
[01:22:47.660 --> 01:22:59.660]  And what checks and balances were in place that should have been exercised? How did I wind up spending almost a year in jail over a non-crime?
[01:22:59.660 --> 01:23:12.660]  Where were all of those people who were supposed to intercept these and make determinations that the allegations were improper on its face?
[01:23:12.660 --> 01:23:17.660]  Then you start adding more criminal complaints.
[01:23:17.660 --> 01:23:30.660]  The magistrate, whoever was the magistrate who issued the warrants, the prosecuting attorney who conspired with the police to write this fraudulent complaint,
[01:23:30.660 --> 01:23:45.660]  the district judge who prosecuted the case, and anybody else who touched it, the clerk, acting in concert collusion, name them all.
[01:23:45.660 --> 01:23:49.660]  All right. All right, I got that. That's what I'll do.
[01:23:49.660 --> 01:23:57.660]  It could be fun. You get to get all your creative juices going.
[01:23:57.660 --> 01:24:04.660]  Okay, and if you have any questions, call me anytime when I will.
[01:24:04.660 --> 01:24:15.660]  I can cut up a little, and I was at the traffic court when Don was tried for driving without a license.
[01:24:15.660 --> 01:24:18.660]  And after the court, I went up and asked to see the file.
[01:24:18.660 --> 01:24:21.660]  And the clerk asked the judge if he could show me the file.
[01:24:21.660 --> 01:24:23.660]  And the judge asked the prosecutor.
[01:24:23.660 --> 01:24:29.660]  The prosecutor said, since I wasn't a citizen of the state of Alabama, he didn't think I should be able to see it.
[01:24:29.660 --> 01:24:35.660]  And the judge told me that. I said, well, I don't really care what the prosecutor said. You're the one on this dime.
[01:24:35.660 --> 01:24:38.660]  So tell me, are you going to show this to me, or let me see this or not?
[01:24:38.660 --> 01:24:41.660]  And he said, well, the prosecutor said you could. And I said, I got that.
[01:24:41.660 --> 01:24:44.660]  But that was a yes or no question.
[01:24:44.660 --> 01:24:46.660]  Well, in that case, it's a no.
[01:24:46.660 --> 01:24:49.660]  Oh, wonderful. Thank you.
[01:24:49.660 --> 01:24:56.660]  Now I'm going to file criminal charges against the judge for denying me and my right to a public court.
[01:24:56.660 --> 01:25:04.660]  And since the state of Alabama does not have an official misconduct statute.
[01:25:04.660 --> 01:25:09.660]  So where do I find my remedy?
[01:25:09.660 --> 01:25:14.660]  Well, the feds have got one.
[01:25:14.660 --> 01:25:29.660]  So I'll file criminal charges against the municipal judge in south side Alabama with the special agent in charge of the FBI in Jackson, Tennessee.
[01:25:29.660 --> 01:25:33.660]  This should be interesting.
[01:25:33.660 --> 01:25:35.660]  Okay.
[01:25:35.660 --> 01:25:37.660]  All right. Well, thank you very much.
[01:25:37.660 --> 01:25:38.660]  Thank you, Don.
[01:25:38.660 --> 01:25:45.660]  Okay, now we're going to go to Ken in New York. Ken, what do you have for us today?
[01:25:45.660 --> 01:26:02.660]  Well, I have, I was obsessing last week over the word credible as it related to credible coverage under a Medicare and why it was they were attempting to penalize me.
[01:26:02.660 --> 01:26:08.660]  I won't spend any time on it tonight, but I'll call back tomorrow.
[01:26:08.660 --> 01:26:14.660]  But it looks like I might be a victim of a term definition as opposed to a real word.
[01:26:14.660 --> 01:26:20.660]  The word credible, which I thought sounds to me like believable.
[01:26:20.660 --> 01:26:31.660]  Turns out that I spoke to somebody today and they told me that credible means coverage that's as good a better than Medicare.
[01:26:31.660 --> 01:26:33.660]  So I don't think.
[01:26:33.660 --> 01:26:40.660]  Wait a minute. You're saying it means something that's not in any way intuitive.
[01:26:40.660 --> 01:26:43.660]  Yes.
[01:26:43.660 --> 01:26:50.660]  So we'll go into that tonight tomorrow night because I want to, I want to try to stay on topic because Brent said something.
[01:26:50.660 --> 01:27:08.660]  Very, very interesting to me because I was always under the impression that, for example, a county attorney's job was to defend a public servant against me.
[01:27:08.660 --> 01:27:10.660]  But apparently that's not the case.
[01:27:10.660 --> 01:27:22.660]  And so the question is, does that give you a cause of action to go after them when you find them in violation of a policy or does it have to be a law?
[01:27:22.660 --> 01:27:28.660]  I know there's a difference between the two.
[01:27:28.660 --> 01:27:31.660]  I'm not sure exactly what the question is.
[01:27:31.660 --> 01:27:45.660]  Well, the question is that Brett said something about that the wasn't he bar grieved a lawyer because the lawyer was running interference with a public official.
[01:27:45.660 --> 01:27:47.660]  Did I have that right?
[01:27:47.660 --> 01:27:49.660]  I see what you mean.
[01:27:49.660 --> 01:27:50.660]  Yes.
[01:27:50.660 --> 01:28:00.660]  If you reach out to a public official who has a responsibility to provide you with your records and instead of getting a response from the public official,
[01:28:00.660 --> 01:28:05.660]  you get a response from an interloper.
[01:28:05.660 --> 01:28:06.660]  Oh, okay.
[01:28:06.660 --> 01:28:10.660]  Some attorney reaches out to you to say, no, sorry, you can't have it.
[01:28:10.660 --> 01:28:19.660]  Or we're sending off to the attorney general for an opinion about whether you can have it or we're going to try to withhold it.
[01:28:19.660 --> 01:28:25.660]  So you've got to wait another 45 to 60 days to find out what the attorney general has to say.
[01:28:25.660 --> 01:28:29.660]  That is a wasteful procedure.
[01:28:29.660 --> 01:28:31.660]  There's rules against a law.
[01:28:31.660 --> 01:28:33.660]  You're doing wasteful procedures.
[01:28:33.660 --> 01:28:50.660]  He's wasting hourly fees that we, the people are paying and he's counseling, giving bad legal advice to his client, the public officials that hired him,
[01:28:50.660 --> 01:29:04.660]  depending on which he might be an appointed elected, whatever, but he's giving bad legal advice to the one who is supposed to be providing your records to you.
[01:29:04.660 --> 01:29:20.660]  So assuming that you can document that the public official is actually giving, is not following the law and the lawyer interloped, would you be hearing directly from the lawyer or would you be hearing from the public official
[01:29:20.660 --> 01:29:25.660]  saying upon legal advice or something like that?
[01:29:25.660 --> 01:29:28.660]  Would he have to say that?
[01:29:28.660 --> 01:29:35.660]  I've never heard from the public official saying that my lawyer told me to not give this to you.
[01:29:35.660 --> 01:29:48.660]  Instead, I get a document written by the lawyer to me and telling me that I can't have it or you're going to have to have clarification, whatever.
[01:29:48.660 --> 01:29:50.660]  It's coming from a lawyer.
[01:29:50.660 --> 01:30:02.660]  Okay, does that give you a cause of action to go after either the public official or the lawyer or just barge with the lawyer?
[01:30:02.660 --> 01:30:09.660]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
[01:30:09.660 --> 01:30:12.660]  But now researchers say we can add stress to the list.
[01:30:12.660 --> 01:30:22.660]  And Dr. Kaepfer and Albrecht, back with details in a moment.
[01:30:43.660 --> 01:30:49.660]  Are you always on the go and juggling multiple projects?
[01:30:49.660 --> 01:30:56.660]  If so, you might think that multitasking proves you're smart, but think again, all that stress might be eating your brain.
[01:30:56.660 --> 01:31:04.660]  A new study, Find Stress, reduces the number of connections between neurons, which actually makes it harder for people to manage problems.
[01:31:04.660 --> 01:31:10.660]  Researchers at Yale University found that stressed out people have less gray matter in their prefrontal cortex.
[01:31:10.660 --> 01:31:15.660]  That's the part of the brain that helps us wake inflicting ideas and regulate our emotions.
[01:31:15.660 --> 01:31:21.660]  So take a deep breath and chill out. It'll help keep your mind as sharp as a tack.
[01:31:21.660 --> 01:31:30.660]  I'm Dr. Kaepfer and Albrecht for startpage.com, the world's most private search engine.
[01:31:30.660 --> 01:31:36.660]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.660 --> 01:31:38.660]  The government says that fire brought it down.
[01:31:38.660 --> 01:31:43.660]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.660 --> 01:31:46.660]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.660 --> 01:31:49.660]  Thousands of my fellow first responders have died.
[01:31:49.660 --> 01:31:50.660]  I'm not a conspiracy theorist.
[01:31:50.660 --> 01:31:51.660]  I'm a structural engineer.
[01:31:51.660 --> 01:31:52.660]  I'm a New York City correctional.
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[01:31:53.660 --> 01:31:55.660]  I'm a father who lost his son.
[01:31:55.660 --> 01:31:58.660]  We're Americans, and we deserve the truth.
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[01:33:39.660 --> 01:33:42.660]  Okay, we are back.
[01:33:42.660 --> 01:33:48.660]  Rule of Law Radio on this Thursday, the 7th of November, 2019.
[01:33:48.660 --> 01:33:53.660]  Randy Kelton and I'm Brett Fountain and we're talking with Ken in New York.
[01:33:53.660 --> 01:33:57.660]  Ken, you were asking about, do you have a cause of action?
[01:33:57.660 --> 01:34:01.660]  Can you go after the lawyer or the public official or both?
[01:34:01.660 --> 01:34:06.660]  And I can speak to going after them, yes.
[01:34:06.660 --> 01:34:09.660]  When you look at the criminal side of what they did,
[01:34:09.660 --> 01:34:15.660]  you could construe that the lawyer was impersonating a public official
[01:34:15.660 --> 01:34:17.660]  because you didn't contact a lawyer.
[01:34:17.660 --> 01:34:20.660]  You contacted your public official.
[01:34:20.660 --> 01:34:24.660]  You reached out to someone who has a responsibility to respond to you
[01:34:24.660 --> 01:34:27.660]  and you get a note back from a lawyer?
[01:34:27.660 --> 01:34:30.660]  What, he's acting like he is that person?
[01:34:30.660 --> 01:34:36.660]  You could say it's an impersonation and you could say that it's a baritry.
[01:34:36.660 --> 01:34:45.660]  It doesn't matter whether you get the response from the lawyer or the public official.
[01:34:45.660 --> 01:34:48.660]  I would say it does matter.
[01:34:48.660 --> 01:34:52.660]  If you get a note back from the lawyer, then that means that he's impersonating.
[01:34:52.660 --> 01:34:55.660]  If you get something back from the public official,
[01:34:55.660 --> 01:34:59.660]  then you have no proof that a lawyer was impersonating.
[01:34:59.660 --> 01:35:02.660]  You might say that the lawyer was doing wasteful procedures
[01:35:02.660 --> 01:35:07.660]  and billing with the people for his hourly rates
[01:35:07.660 --> 01:35:12.660]  because he wanted to gain financial advantage.
[01:35:12.660 --> 01:35:21.660]  Unless he actually mentions that upon legal advice and you're able to record it.
[01:35:21.660 --> 01:35:31.660]  I think when you're going, if you get a response from the public official
[01:35:31.660 --> 01:35:36.660]  and you suspect that the public official is acting on the advice of a lawyer,
[01:35:36.660 --> 01:35:38.660]  you don't really care about that.
[01:35:38.660 --> 01:35:40.660]  The lawyer don't have anything to do with it.
[01:35:40.660 --> 01:35:41.660]  You don't know anything about a lawyer.
[01:35:41.660 --> 01:35:43.660]  You didn't hire the lawyer.
[01:35:43.660 --> 01:35:44.660]  You didn't go to a lawyer.
[01:35:44.660 --> 01:35:49.660]  You only know that you requested from this public official,
[01:35:49.660 --> 01:35:52.660]  this public official had a duty to you.
[01:35:52.660 --> 01:35:58.660]  But in Brett's case where he got a response from the lawyer,
[01:35:58.660 --> 01:36:01.660]  who the heck are you?
[01:36:01.660 --> 01:36:07.660]  I didn't hire you to be my public official.
[01:36:07.660 --> 01:36:10.660]  Who are you interfering with this?
[01:36:10.660 --> 01:36:14.660]  As far as I'm concerned, this is an act of criminal conspiracy.
[01:36:14.660 --> 01:36:18.660]  I charged him with baritry because he's budding in trying to stir up trouble.
[01:36:18.660 --> 01:36:20.660]  Who are you?
[01:36:20.660 --> 01:36:27.660]  I didn't hire you and charged him with, yes, the impersonating.
[01:36:27.660 --> 01:36:31.660]  I charged him with wasteful procedures.
[01:36:31.660 --> 01:36:34.660]  Oh, okay.
[01:36:34.660 --> 01:36:40.660]  But that's only if you actually communicate directly with the lawyer.
[01:36:40.660 --> 01:36:42.660]  I told him, don't contact me again.
[01:36:42.660 --> 01:36:46.660]  If you were hired to offer legal advice to somebody, great, go do that.
[01:36:46.660 --> 01:36:47.660]  I didn't hire you.
[01:36:47.660 --> 01:36:48.660]  I don't want your legal advice.
[01:36:48.660 --> 01:36:50.660]  Besides, your legal advice is wrong.
[01:36:50.660 --> 01:36:52.660]  I don't want it.
[01:36:52.660 --> 01:36:55.660]  If you bother me again, it's going to be considered harassment.
[01:36:55.660 --> 01:37:01.660]  So that's another criminal level that they shouldn't contact me again.
[01:37:01.660 --> 01:37:08.660]  But as far as causes of action, it sounds like you might be speaking to civil questions
[01:37:08.660 --> 01:37:12.660]  and that would be, Randy could probably answer that whole lot better than I could.
[01:37:12.660 --> 01:37:15.660]  Yeah, I can address that one.
[01:37:15.660 --> 01:37:22.660]  If the public officials committed a crime against you, they harmed you.
[01:37:22.660 --> 01:37:30.660]  If they denied you in due process, due process is harm per se.
[01:37:30.660 --> 01:37:33.660]  You don't have to show that you were harmed.
[01:37:33.660 --> 01:37:41.660]  You were harmed by the denial of due process as a matter of law.
[01:37:41.660 --> 01:37:53.660]  But the lawyer, if you're contacted by the lawyer or if you have it made known to you
[01:37:53.660 --> 01:38:07.660]  that the official is acting on advice of a lawyer and the official commits an act that
[01:38:07.660 --> 01:38:13.660]  you construe to be in violation of law, leading to the lawyer.
[01:38:13.660 --> 01:38:17.660]  Now, the lawyer is a prosecutor attorney and he thinks he's immune.
[01:38:17.660 --> 01:38:20.660]  Well, he'll tell you he's immune.
[01:38:20.660 --> 01:38:23.660]  He really knows better.
[01:38:23.660 --> 01:38:25.660]  In town, I live in.
[01:38:25.660 --> 01:38:28.660]  I filed criminal charges against a guy.
[01:38:28.660 --> 01:38:33.660]  The chief of police refused to give my complaints to some magistrate.
[01:38:33.660 --> 01:38:36.660]  Told me that the prosecutor attorney told him not to.
[01:38:36.660 --> 01:38:39.660]  I told him, wait right here.
[01:38:39.660 --> 01:38:40.660]  Don't go anywhere.
[01:38:40.660 --> 01:38:42.660]  I'll be right back.
[01:38:42.660 --> 01:38:47.660]  Jumped in my car, headed straight to the county seat.
[01:38:47.660 --> 01:38:53.660]  When I walked up to the office door, the county attorney stepped out and said,
[01:38:53.660 --> 01:38:56.660]  Mr. Kelton, I know why you're here.
[01:38:56.660 --> 01:39:00.660]  And do you really think I'm out of my professional mind?
[01:39:00.660 --> 01:39:06.660]  Do you really think I would waive my sovereign immunity by giving advice to the police?
[01:39:06.660 --> 01:39:12.660]  I said, well, James, I didn't think so, but I'm just following the thunder here.
[01:39:12.660 --> 01:39:18.660]  I went back to the town I lived in, knocked on the police department's door.
[01:39:18.660 --> 01:39:20.660]  They kept the door closed.
[01:39:20.660 --> 01:39:22.660]  And Officer Boyd came to the door.
[01:39:22.660 --> 01:39:24.660]  He said he's grinning from ear to ear.
[01:39:24.660 --> 01:39:26.660]  Well, hello, Mr. Kelton.
[01:39:26.660 --> 01:39:27.660]  So, Officer Boyd.
[01:39:27.660 --> 01:39:29.660]  Mr. Kelton, what can I do for you?
[01:39:29.660 --> 01:39:35.660]  I need you to tell the chief that James State and the county attorney just threw his behind under the bus.
[01:39:35.660 --> 01:39:39.660]  And I'm here to run him over with it.
[01:39:39.660 --> 01:39:49.660]  Point being, when a prosecuting attorney gives legal advice, zero immunity.
[01:39:49.660 --> 01:39:59.660]  If that legal advice amounts to a denial of a right that you have, that's criminal conspiracy to commit.
[01:39:59.660 --> 01:40:01.660]  It's a denial of due process.
[01:40:01.660 --> 01:40:12.660]  And you have a civil claim against the lawyer and the public official for denial of due process.
[01:40:12.660 --> 01:40:21.660]  It does not matter that the public official acted in good faith reliance on competent authority.
[01:40:21.660 --> 01:40:25.660]  He may be able to make that argument to a jury.
[01:40:25.660 --> 01:40:30.660]  Good luck with that.
[01:40:30.660 --> 01:40:33.660]  How's that sound, Ken?
[01:40:33.660 --> 01:40:37.660]  It sounds great.
[01:40:37.660 --> 01:40:44.660]  Can I make one more suggestion before we go? Soto Voce, you know, is Latin for speaking softly.
[01:40:44.660 --> 01:40:52.660]  Tell Brent when he says public servant to replace the V with a P, because after all, they're all snakes.
[01:40:52.660 --> 01:40:58.660]  Public servant.
[01:40:58.660 --> 01:41:03.660]  Well, actually, I know some that are not.
[01:41:03.660 --> 01:41:17.660]  I know some that are really want to do things right, but they're trapped in a, if you're in a pit of snakes, you look like a snake.
[01:41:17.660 --> 01:41:19.660]  You might not be one.
[01:41:19.660 --> 01:41:23.660]  It should look like one.
[01:41:23.660 --> 01:41:28.660]  Well, if it walks like one and it quacks like one, it is one.
[01:41:28.660 --> 01:41:32.660]  Well, I'm from Wise County, Texas.
[01:41:32.660 --> 01:41:44.660]  And we have a district attorney there that if there is a district attorney on planet Earth that has his moral center in the right place, it's a Greg Lowry.
[01:41:44.660 --> 01:41:48.660]  And I say that freely.
[01:41:48.660 --> 01:41:53.660]  The man really does want to do what is right.
[01:41:53.660 --> 01:41:58.660]  And that is unusual.
[01:41:58.660 --> 01:42:03.660]  Okay, so they're not all bad.
[01:42:03.660 --> 01:42:04.660]  There's an exception.
[01:42:04.660 --> 01:42:08.660]  What's the exception that proves the rule?
[01:42:08.660 --> 01:42:09.660]  I never bought that story.
[01:42:09.660 --> 01:42:21.660]  Anyway, one of the things I was doing there is when we're addressing these issues, we tend to try to look at both sides.
[01:42:21.660 --> 01:42:28.660]  When we're crafting a allegations or complaints, we need to stop looking at both sides.
[01:42:28.660 --> 01:42:34.660]  We need to not consider the side of the official.
[01:42:34.660 --> 01:42:38.660]  The official trusted the lawyer.
[01:42:38.660 --> 01:42:40.660]  I don't care what he does.
[01:42:40.660 --> 01:42:45.660]  If what he did was illegal, as far as I'm concerned, he conspired with the lawyer.
[01:42:45.660 --> 01:42:53.660]  Just because he acted in good faith, well, make that argument to the jury, maybe they'll buy it, maybe they won't, but I'm not going to make that argument for you.
[01:42:53.660 --> 01:43:08.660]  I'm not even going to consider that argument when I look for accusations I can make, because I want to make all the accusations I can, the most horrible, serious ones I can, so that we can deal back to something reasonable.
[01:43:08.660 --> 01:43:14.660]  Same thing the prosecutor does to everybody that gets charged with a crime.
[01:43:14.660 --> 01:43:17.660]  Turnabout's fair play.
[01:43:17.660 --> 01:43:20.660]  That's my story and I'm sticking to it.
[01:43:20.660 --> 01:43:25.660]  Okay, Ken, we've got one more segment and we have Tina in California.
[01:43:25.660 --> 01:43:32.660]  And I got to take Tina because she's meaner than you.
[01:43:32.660 --> 01:43:34.660]  Okay, thank you, Ken.
[01:43:34.660 --> 01:43:39.660]  This is Randy Kelton, Brett Fountain, root of Law Radio.
[01:43:39.660 --> 01:43:48.660]  We're about to go to our sponsors, so it's a good time to check out the sponsors if you listen to this program and you find value.
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[01:46:21.660 --> 01:46:31.660]  Okay, we are back.
[01:46:31.660 --> 01:46:39.660]  Rule of Law Radio, Randy Kelton. I'm Brett Fountain, and we are in the last segment here, and we are going to go to our last caller.
[01:46:39.660 --> 01:46:45.660]  It's Tina in California. Good evening, Tina. What do you have for us this evening?
[01:46:45.660 --> 01:46:58.660]  Well, I have to tell Randy. He's got to stop telling people I'm mean. I am never really, really...
[01:46:58.660 --> 01:47:04.660]  Oh, yes. Tell the California Supreme Court that.
[01:47:04.660 --> 01:47:10.660]  Oh, yeah. Well, I don't care about them. I'll be as mean as I want to then.
[01:47:10.660 --> 01:47:32.660]  Well, a couple of things. One, I got a call today. You know, I filed that amended, you know, the territory judgment seat, and I had to get it in by the 17th of October.
[01:47:32.660 --> 01:47:41.660]  That was the extended deadline they gave me after, you know, I told them I was going to be out of town, and they tried to get me to do it quick.
[01:47:41.660 --> 01:47:53.660]  I just get the call today, the 6th of November, from the attorney's office, and I didn't take it because, you know, I was busy doing other things, picking up some charitable donations.
[01:47:53.660 --> 01:48:03.660]  And I got in a call, and it says, well, we have to meet and confer because we are going to file a demure. Of course, they leave it till the very last second.
[01:48:03.660 --> 01:48:11.660]  There are, you know, turning some of 250 people, so I'm sure the deadline for them to file is like Monday.
[01:48:11.660 --> 01:48:21.660]  And I'm supposed to respond like right now because they've left it all this time, and you've got to know they're doing this on purpose, right?
[01:48:21.660 --> 01:48:27.660]  But if anything, do I say to them when we talk tomorrow?
[01:48:27.660 --> 01:48:35.660]  They're just notifying you that they're going to file a demure. I think in California they're required to.
[01:48:35.660 --> 01:48:46.660]  Yeah, they are. We're required to have what they call a meet and confer to see if we can come to an agreement when they're going to say, are you going to withdraw your complaint or are you going to amend it?
[01:48:46.660 --> 01:48:57.660]  Yeah, well, didn't talk to them. So, okay, where are you going to demure to? And I'll look at it. And, you know, if I find merit in your arguments,
[01:48:57.660 --> 01:49:02.660]  then I may well amend my complaints so that we don't have to argue these issues in court.
[01:49:02.660 --> 01:49:11.660]  Be real open with them, and if you can get them to open up to you, they'll tell you where they want you to go.
[01:49:11.660 --> 01:49:15.660]  So you'll know where not to go.
[01:49:15.660 --> 01:49:22.660]  Yeah, they're pretty much going to say, well, we're going to file on the grounds of residue to cut. That's exactly what they're going to say.
[01:49:22.660 --> 01:49:31.660]  They may say one or two more things. I don't know because of the amended, but it's all according to them barred by residue to cut it.
[01:49:31.660 --> 01:49:33.660]  That's a key argument.
[01:49:33.660 --> 01:49:45.660]  That's good. Let them. And then do you just see what they have to say, record it, get as much information about what they're going to do as possible?
[01:49:45.660 --> 01:49:50.660]  I would have great fun yakking with lawyers that way.
[01:49:50.660 --> 01:49:54.660]  Well, really, that sounds like that's kind of mean.
[01:49:54.660 --> 01:50:02.660]  Oh, well, Tina is uniquely qualified.
[01:50:02.660 --> 01:50:05.660]  She's been learning from the best.
[01:50:05.660 --> 01:50:12.660]  And she's also in contact with bad grandma. So now we're going to have mean Tina and bad grandma.
[01:50:12.660 --> 01:50:19.660]  Yeah, following on the footsteps of nasty Randy.
[01:50:19.660 --> 01:50:24.660]  Where do you come in yet? You haven't missed a nice guy so far.
[01:50:24.660 --> 01:50:32.660]  Most of them have a little more colorful designations for me, which we can't repeat on the air.
[01:50:32.660 --> 01:50:34.660]  Okay, we'll keep it clean.
[01:50:34.660 --> 01:50:43.660]  So you think I should, I mean, any other things that I can approach them with very nicely and see if I can get them to draw something out?
[01:50:43.660 --> 01:50:47.660]  I mean, what are the questions besides, what are you going to demure to?
[01:50:47.660 --> 01:50:57.660]  Yeah, exactly. You're going to demure to Res Judicata. What's that got to do with anything?
[01:50:57.660 --> 01:51:07.660]  Do you guys understand that this is not a civil pleading, that this is a petition for declaratory judgment?
[01:51:07.660 --> 01:51:16.660]  There has not been a ruling on this point of law. How can you claim Res Judicata?
[01:51:16.660 --> 01:51:27.660]  How much do you decide, how do you decide how much to poke holes in their theory before they throw their garbage in front of the judge and you can poke holes in front of the judge?
[01:51:27.660 --> 01:51:31.660]  How do you decide where that line is?
[01:51:31.660 --> 01:51:42.660]  Good question. Here, you're going to talk to these lawyers, get them to throw, you know, see if you can get them to talk to you, get them to throw everything at you they can, then you know where they're coming from.
[01:51:42.660 --> 01:51:49.660]  Then you can develop good arguments for when they get there.
[01:51:49.660 --> 01:51:54.660]  But this has got to be costing this law. You're a lot of money.
[01:51:54.660 --> 01:52:09.660]  Yes, it is because he's $450 an hour and he has to drive all the way from LA to San Luis Obispo, which is at least at that time of the morning, four hours, unless they put him up at a hotel overnight.
[01:52:09.660 --> 01:52:17.660]  And then he's going to drive four hours back after sitting in the court for a couple of hours. So it's his whole day job.
[01:52:17.660 --> 01:52:20.660]  You're in San Luis Obispo?
[01:52:20.660 --> 01:52:21.660]  Yes.
[01:52:21.660 --> 01:52:32.660]  The last time I was there, I stayed in a motel in San Luis Obispo and I was pulling out and these two guys are coming in and they're so drunk they can hardly walk.
[01:52:32.660 --> 01:52:39.660]  Blocked the drive and then one of them come up to my car and he's giving me the finger.
[01:52:39.660 --> 01:52:42.660]  And I'm just waiting for him to get out of the way.
[01:52:42.660 --> 01:52:48.660]  The guy walks around beside the car and kicked the door in on the rental car.
[01:52:48.660 --> 01:52:50.660]  Oh man.
[01:52:50.660 --> 01:52:53.660]  Well, I got out and they both attacked me.
[01:52:53.660 --> 01:53:02.660]  This guy pulled over coming in. The guy was so big in this suburban he filled up the whole side of the suburban.
[01:53:02.660 --> 01:53:04.660]  And he just sat there and watched.
[01:53:04.660 --> 01:53:09.660]  I had one in front of me and one guy coming in at me from the side.
[01:53:09.660 --> 01:53:13.660]  The third time he ran in at me, I gave him a straight jab.
[01:53:13.660 --> 01:53:20.660]  He ran right into it and his feet come off the ground, smashed his nose and his lips.
[01:53:20.660 --> 01:53:24.660]  He went down and then I hit the one in front of me and they kind of took off.
[01:53:24.660 --> 01:53:29.660]  Went around behind my car and he spit and got blood all over the car.
[01:53:29.660 --> 01:53:34.660]  Well, I left there and went to this client.
[01:53:34.660 --> 01:53:36.660]  Apologized to him for being late.
[01:53:36.660 --> 01:53:44.660]  I told him I had a little altercation with a couple of drunks in front of the motel.
[01:53:44.660 --> 01:53:51.660]  He walked up walking behind my car and looked at it and there was blood all over the back.
[01:53:51.660 --> 01:53:54.660]  He must have thought I killed one of them.
[01:53:54.660 --> 01:53:58.660]  That was my last.
[01:53:58.660 --> 01:54:02.660]  I was at the time I was almost 60.
[01:54:02.660 --> 01:54:08.660]  These guys were in their upper 20s and I took two of them.
[01:54:08.660 --> 01:54:11.660]  I felt pretty good about that.
[01:54:11.660 --> 01:54:14.660]  Not bad for an old fat guy.
[01:54:14.660 --> 01:54:20.660]  The big guy in the suburban, I walked over to him and he said, I was just here watching your back.
[01:54:20.660 --> 01:54:23.660]  I said, were you watching my back from a distance?
[01:54:23.660 --> 01:54:25.660]  You could have got out and helped.
[01:54:25.660 --> 01:54:30.660]  He said, whoa, it didn't look like you needed any.
[01:54:30.660 --> 01:54:33.660]  That's my San Luis abyssal story.
[01:54:33.660 --> 01:54:38.660]  I haven't been out back there since.
[01:54:38.660 --> 01:54:43.660]  You can come back and visit anytime.
[01:54:43.660 --> 01:54:46.660]  I did like it down there except for the drunks.
[01:54:46.660 --> 01:54:50.660]  I could have done without that.
[01:54:50.660 --> 01:54:54.660]  It's the nice part of the state.
[01:54:54.660 --> 01:55:04.660]  Is this the lawyer who is filing the demure or is he hiring someone else?
[01:55:04.660 --> 01:55:09.660]  He has an assistant and he never speaks to me except in court.
[01:55:09.660 --> 01:55:15.660]  If he wants to communicate, he has his assistant, Rachel, call me.
[01:55:15.660 --> 01:55:18.660]  It's kind of like the good cop, bad cop they do.
[01:55:18.660 --> 01:55:22.660]  He doesn't want to speak to me after I reamed him in front of the judge last time.
[01:55:22.660 --> 01:55:25.660]  He's the one that sent me.
[01:55:25.660 --> 01:55:28.660]  See, that's what I meant.
[01:55:28.660 --> 01:55:33.660]  Me and Tina, you were mean to that poor, mistreated lawyer.
[01:55:33.660 --> 01:55:36.660]  Yeah, right.
[01:55:36.660 --> 01:55:40.660]  So have you bar-greaved the assistant?
[01:55:40.660 --> 01:55:42.660]  No, not yet.
[01:55:42.660 --> 01:55:46.660]  I haven't got things to bar-greave her for yet, but I have thought of it.
[01:55:46.660 --> 01:55:50.660]  What side of her head does she part her hair on?
[01:55:50.660 --> 01:55:53.660]  Well, I don't know because I don't want to see her.
[01:55:53.660 --> 01:55:55.660]  I've only spoken to her on the phone.
[01:55:55.660 --> 01:55:59.660]  I could bar-greave her for her attitude on the phone though.
[01:55:59.660 --> 01:56:03.660]  No, but what you can do, you can bar-greave her.
[01:56:03.660 --> 01:56:09.660]  You can make her aware of some other lawyer, her boss, whoever, somebody in the office.
[01:56:09.660 --> 01:56:17.660]  Make her aware of that person's violation of the state of the bar rules.
[01:56:17.660 --> 01:56:21.660]  They've got rules of professional conduct that should lead to a bar grievance.
[01:56:21.660 --> 01:56:30.660]  And if you make another lawyer aware, then they have a responsibility to bar-greave that lawyer.
[01:56:30.660 --> 01:56:31.660]  Really?
[01:56:31.660 --> 01:56:33.660]  If they do, yes.
[01:56:33.660 --> 01:56:37.660]  If they don't, then they should be bar-greaved.
[01:56:37.660 --> 01:56:39.660]  Oh, and that would work so good.
[01:56:39.660 --> 01:56:46.660]  She will be incensed when she gets bar-greaved because of the other lawyer.
[01:56:46.660 --> 01:56:50.660]  She is not going to be a happy camper.
[01:56:50.660 --> 01:56:56.660]  Well, would this come under one of the rules of professional conduct that they leave it
[01:56:56.660 --> 01:57:02.660]  till the very last day to contact me for this meet in Comfort?
[01:57:02.660 --> 01:57:14.660]  I mean, the 17th of October is when they got this and they're contacting me now on the 7th of November.
[01:57:14.660 --> 01:57:18.660]  Did you actually talk to them?
[01:57:18.660 --> 01:57:28.660]  No, she just left a message and she's going to call me tomorrow because it always looked like just bring it on me in the afternoon.
[01:57:28.660 --> 01:57:31.660]  Yes, that should definitely get a bar grievance.
[01:57:31.660 --> 01:57:34.660]  Heck, the bar grievance doesn't matter.
[01:57:34.660 --> 01:57:41.660]  If she did something, if she robbed the bank and you bar-greaved here, they wouldn't care.
[01:57:41.660 --> 01:57:45.660]  The point is, is the insurance cares.
[01:57:45.660 --> 01:58:02.660]  So bar-greaver for waiting to the last moment in order to try to deny her failure to act in good faith to secure the intent of the rule.
[01:58:02.660 --> 01:58:12.660]  The rule requires her to contact you within a certain time and she waits till the last minute to bypass the intent of the rule.
[01:58:12.660 --> 01:58:15.660]  Bar-greaver for that.
[01:58:15.660 --> 01:58:16.660]  I like that one.
[01:58:16.660 --> 01:58:20.660]  Okay, are we going to another break here?
[01:58:20.660 --> 01:58:23.660]  Or is it the end of the show? I can't leave the clock.
[01:58:23.660 --> 01:58:26.660]  It is the end of the show.
[01:58:26.660 --> 01:58:34.660]  We can talk longer tomorrow and since you're meeting Tina, I'll make sure I take you because I don't want you to be mean to me.
[01:58:34.660 --> 01:58:36.660]  Thank you all for listening.
[01:58:36.660 --> 01:58:41.660]  We will be back tomorrow night on our four-hour info marathon.
[01:58:41.660 --> 01:58:43.660]  Thank you all. Good night.
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