ROL_2019-12-06_16k_Hr3-4.timecode

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[00:26.000 --> 00:32.000]  Okay, we are back. Randy Kelton, Brett Fountain, Ruvila Radio, and we're talking to Adam in Texas.
[00:32.000 --> 00:39.000]  Adam, if you look on the internet, for nurse refuses to take blood.
[00:39.000 --> 00:48.000]  There was a case in Idaho, and a cop brought an unconscious guy, an internet accident.
[00:48.000 --> 00:54.000]  He's unconscious. They bring him in, and the cop wants the nurse to take blood.
[00:54.000 --> 00:58.000]  And she said, well, I have to have a warrant. He told her, no, you take blood.
[00:58.000 --> 01:02.000]  We need to make sure that this guy's not drunk. He caused an accident.
[01:02.000 --> 01:07.000]  She said, he's unconscious. He cannot give me permission.
[01:07.000 --> 01:13.000]  Without permission, I have to have a warrant. And the cop arrested the nurse.
[01:13.000 --> 01:17.000]  Well, it turned into a really big deal.
[01:17.000 --> 01:24.000]  My point is, this nurse had a duty to look at that warrant.
[01:24.000 --> 01:33.000]  Unless your wife consented to her taking blood, the nurse had to look at the warrant before she'd stick that needle in her.
[01:33.000 --> 01:37.000]  Correct. That's what I would think, yeah.
[01:37.000 --> 01:44.000]  Yeah, look that up. It would be really traumatic. It'll make a great exhibit.
[01:44.000 --> 01:49.000]  Do you think it's possible, Randy, that the warrant actually was issued?
[01:49.000 --> 01:58.000]  And then the magistrate realized later that the issuance of the warrant had no basis.
[01:58.000 --> 02:03.000]  And this was about to get ugly, and the warrant just disappeared.
[02:03.000 --> 02:05.000]  Well, that's a good point.
[02:05.000 --> 02:07.000]  Because there was no affidavit.
[02:07.000 --> 02:11.000]  That's a good defense the nurse can bring.
[02:11.000 --> 02:18.000]  If she says she saw it, the nurse says, there was a warrant. I saw it.
[02:18.000 --> 02:24.000]  But they can't find one or produce it, then that puts the onus back on the magistrate.
[02:24.000 --> 02:28.000]  Yeah, that's why it really gets ugly. You go after that nurse.
[02:28.000 --> 02:31.000]  She's innocent in all of this.
[02:31.000 --> 02:36.000]  She's just doing her job, and these guys have to protect her.
[02:36.000 --> 02:42.000]  Wait a minute. Are we on the air?
[02:42.000 --> 02:44.000]  Adam, are you there?
[02:44.000 --> 02:46.000]  Yes, sir.
[02:46.000 --> 02:52.000]  Ah, my clock is messing up. My clock says we're on break.
[02:52.000 --> 02:55.000]  It says it's 10-02.
[02:55.000 --> 02:57.000]  It is 10-02.
[02:57.000 --> 03:01.000]  Yeah, it does say we're on break.
[03:01.000 --> 03:06.000]  Oh, something's wrong. I think we're about to go back in.
[03:06.000 --> 03:09.000]  Well, I don't know where we left off then.
[03:09.000 --> 03:13.000]  No, no, no. I came in on green.
[03:13.000 --> 03:19.000]  Oh, something's wrong. I should not be able to hear you on break, Adam.
[03:19.000 --> 03:21.000]  Okay.
[03:21.000 --> 03:29.000]  Okay. I don't know if we're going out. I can't tell, so I'm going to see.
[03:29.000 --> 03:33.000]  This says I'm online.
[03:33.000 --> 03:38.000]  I don't have my voice meter. I'm looking for it.
[03:38.000 --> 03:46.000]  Anybody's out there and you can hear us. Somebody call in and let us know if we're on the air.
[03:46.000 --> 03:48.000]  Something's confusing here.
[03:48.000 --> 03:52.000]  My system, when my clock goes to green, then I bring us in.
[03:52.000 --> 03:58.000]  Well, my clock went board green. I brought us in, and the timing wasn't right.
[03:58.000 --> 04:01.000]  I'm not certain if I'm on the air or not.
[04:01.000 --> 04:07.000]  Brett, while I'm talking, will you call in to call in line and see if you can hear the show?
[04:07.000 --> 04:08.000]  Sure.
[04:08.000 --> 04:13.000]  Okay. Oh, wait a minute. Hold on. Let me try Ken.
[04:13.000 --> 04:15.000]  Ken, are you there?
[04:15.000 --> 04:20.000]  Yes, and I didn't hear a break, but you're coming through fine.
[04:20.000 --> 04:24.000]  Okay. Okay. Good. Okay. And we're going to go back. We'll get you in a minute.
[04:24.000 --> 04:27.000]  I want to make sure I was on the air. Thank you.
[04:27.000 --> 04:32.000]  Okay. Where were we?
[04:32.000 --> 04:37.000]  Oh, there's Brett on the air. Can you hear us, Brett? No, Brett hung up as soon as I put you in.
[04:37.000 --> 04:38.000]  Okay.
[04:38.000 --> 04:40.000]  I did. I heard you.
[04:40.000 --> 04:45.000]  Okay. Good. So we can continue Adam. We are on the air.
[04:45.000 --> 04:52.000]  So we were talking about your wife there and the fact that we could put pressure on the nurse.
[04:52.000 --> 04:59.000]  You could put the nurse in a hot seat and then she would be in a position to say,
[04:59.000 --> 05:06.000]  well, I did see a warrant or the police forced her to do it or whatever.
[05:06.000 --> 05:12.000]  And then that puts the pressure back on. Okay. Where is the warrant?
[05:12.000 --> 05:13.000]  Well, the Pino?
[05:13.000 --> 05:15.000]  Yeah.
[05:15.000 --> 05:16.000]  Go ahead.
[05:16.000 --> 05:20.000]  I'm sorry. Go ahead.
[05:20.000 --> 05:22.000]  Go ahead, Adam. I'll shut up.
[05:22.000 --> 05:23.000]  I'm sorry. Yeah.
[05:23.000 --> 05:32.000]  Well, what I got, what I'm going off of is the penal code specifically says if it's an alcohol related arrest,
[05:32.000 --> 05:40.000]  I think it's chapter 49, penal code, then you have the right to have the video, any video dash cam,
[05:40.000 --> 05:46.000]  squad car, hood cam, you have the right to have any of that if they're accusing you of an alcohol.
[05:46.000 --> 05:56.000]  Plus, there's the occupations code, which gives us the right to the body cams if they're going to use it against us in a court of law.
[05:56.000 --> 06:05.000]  So all I really need to do is get them to give me the public information so I can see it for myself.
[06:05.000 --> 06:14.000]  And then that'll give me what I need to know about what the nurse did, what was there, if the needle was wiped off, all that stuff.
[06:14.000 --> 06:19.000]  And if the needle was wiped off, did you wipe it on her gown?
[06:19.000 --> 06:20.000]  Yeah.
[06:20.000 --> 06:24.000]  There's no telling. No telling.
[06:24.000 --> 06:32.000]  Well, Adam, have you already gone to the Attorney General about the issue with their unresponsiveness to requests?
[06:32.000 --> 06:37.000]  Yeah. Yeah, I've gone, I did the whole work, the whole thing on them.
[06:37.000 --> 06:49.000]  I submitted it, the first one, which wasn't out of the occupations code, the proper way, the new proper way to request a body cam, because I wasn't aware of it.
[06:49.000 --> 06:52.000]  So I did the original one, and they didn't respond.
[06:52.000 --> 06:56.000]  And so, well, no, they did respond.
[06:56.000 --> 07:08.000]  Okay, wait, wait, hold on. Are you saying that you didn't request it under Chapter 49?
[07:08.000 --> 07:11.000]  No, sir.
[07:11.000 --> 07:28.000]  I've learned, I've been learning, and what I've since learned is that you don't take the original information, 5-5-2 information request off the seminar and just throw that in the ball in their field anymore.
[07:28.000 --> 07:35.000]  What you've got to do now is, as a 20-70, if you want body cams, you've got to ask under the occupations code.
[07:35.000 --> 07:38.000]  I think it's 1701 or something.
[07:38.000 --> 07:39.000]  Okay, wait a minute.
[07:39.000 --> 07:42.000]  This is the point I was going to.
[07:42.000 --> 07:45.000]  You just ask for it.
[07:45.000 --> 07:55.000]  You do not have to cite a statute in order for the statute to be invoked.
[07:55.000 --> 08:03.000]  You ask for the information, whatever statute is relevant, that's the one they have to follow.
[08:03.000 --> 08:06.000]  You don't have to give them legal advice.
[08:06.000 --> 08:09.000]  You don't even have to know which one it is.
[08:09.000 --> 08:12.000]  You just have to want the records.
[08:12.000 --> 08:17.000]  If you look on the jurisprudence side, I finally got that back up.
[08:17.000 --> 08:25.000]  I have some blank information requests and they don't cite any law whatsoever.
[08:25.000 --> 08:26.000]  Yeah.
[08:26.000 --> 08:31.000]  So, whatever it falls under, it falls under and you're bound by it.
[08:31.000 --> 08:42.000]  So, my point I was making, if you filed some early and you're concerned that you didn't cite those, the occupations code or whatever makes no difference.
[08:42.000 --> 08:44.000]  Right.
[08:44.000 --> 08:49.000]  The occupations code or whatever applies was invoked anyway.
[08:49.000 --> 08:55.000]  But you have already gotten the Attorney General involved with their unresponsiveness?
[08:55.000 --> 08:57.000]  Yes, I did.
[08:57.000 --> 09:05.000]  I did the, you know, over the Internet Attorney General complaint form over the Internet.
[09:05.000 --> 09:16.000]  And then after that, I wrote a criminal complaint and filed on the Criminal Prosecutions Division of the Attorney General.
[09:16.000 --> 09:19.000]  And I'm still waiting.
[09:19.000 --> 09:20.000]  Wait a minute.
[09:20.000 --> 09:21.000]  Hold on.
[09:21.000 --> 09:44.000]  Good because for years, the only prosecutorial authority the Attorney General had in Texas was in the matter of an information request to a prosecuting attorney.
[09:44.000 --> 09:56.000]  So, he's always had original jurisdiction in this case and 2.03 applies to him.
[09:56.000 --> 09:57.000]  Right.
[09:57.000 --> 10:00.000]  Yeah, I agree.
[10:00.000 --> 10:09.000]  So, have you filed criminal charges against the Attorney General with the grand jury in Austin?
[10:09.000 --> 10:16.000]  No, no, I'm not, I guess that's my next step and I guess that's what I'm calling a court.
[10:16.000 --> 10:28.000]  Okay, do it with the, you know, do it by mail, send it to the foreman, registered restricted, insured.
[10:28.000 --> 10:46.000]  Sure, put your little cover letter on there. They will recognize the routine they've been there before. Several times.
[10:46.000 --> 10:58.000]  Well, maybe that's what I need to do because I've had other Sheriff's departments just, you know, hand the stuff over after a little bit, but I still haven't got the one, you know, county.
[10:58.000 --> 11:02.000]  I'm still wondering exactly what they think they're doing.
[11:02.000 --> 11:19.000]  Yeah, well, their problem is, is so far as you are concerned, this is not discovery. So far as you're concerned, these are public records, just because you're married to the accused doesn't change anything.
[11:19.000 --> 11:22.000]  No, not at all.
[11:22.000 --> 11:36.000]  Yeah, you just sum it up, Randy, that's exactly the predicament. They think one thing and I think another. I see it another way. So I'm hitting them hard, but other than that.
[11:36.000 --> 11:46.000]  Well, think lawsuit, think civil action against the nurse.
[11:46.000 --> 11:51.000]  The hospital has this huge insurance policy.
[11:51.000 --> 11:52.000]  Yeah.
[11:52.000 --> 11:59.000]  And their insurance company will come and settle this to get them out of it.
[11:59.000 --> 12:09.000]  If you go after the nurse criminally and then sue the nurse because she has zero immunity of any kind, then.
[12:09.000 --> 12:12.000]  Oh, gosh, dude, that's so.
[12:12.000 --> 12:17.000]  Oh, I never thought about that. That's just hardcore.
[12:17.000 --> 12:27.000]  Dude, if you're in this town, you're the sheriff, and one of your guys goes to the local hospital and gets the nurse to draw blood.
[12:27.000 --> 12:34.000]  And then somebody winds up charging her criminally and suing the hospital.
[12:34.000 --> 12:38.000]  And what's the hospital going to do next time you try to get blood?
[12:38.000 --> 12:41.000]  I'm not a lot of walk up to random people.
[12:41.000 --> 12:45.000]  I'm not a lot of walk up to random people and stick with needles.
[12:45.000 --> 12:50.000]  Exactly. So politics is all politics.
[12:50.000 --> 12:58.000]  And if you can do this and extract a lot of money out of them, that's how we fix this thing.
[12:58.000 --> 13:00.000]  It's not about the president.
[13:00.000 --> 13:02.000]  It's not about the money.
[13:02.000 --> 13:06.000]  But money is how we fix it.
[13:06.000 --> 13:13.000]  So you only go after the money because you're trying to do the right thing for the right reason.
[13:13.000 --> 13:14.000]  Of course.
[13:14.000 --> 13:18.000]  Is that a pretty good rationalization?
[13:18.000 --> 13:22.000]  If it's not, I can find another way.
[13:22.000 --> 13:27.000]  That sounds decent.
[13:27.000 --> 13:37.000]  I told a bailiff once that I had called 911 on the bailiff and he said, why are you doing this?
[13:37.000 --> 13:40.000]  I said, well, this is how I make my living.
[13:40.000 --> 13:43.000]  I get bailiffs to do stupid stuff and then I sue them.
[13:43.000 --> 13:45.000]  I thought so.
[13:45.000 --> 13:48.000]  This is important.
[13:48.000 --> 13:53.000]  I've since got to know the bailiffs and they found out I was just pulling their leg.
[13:53.000 --> 13:58.000]  But that might have been an idea.
[13:58.000 --> 14:03.000]  It might pay for all this time you put in, Adam.
[14:03.000 --> 14:05.000]  Well, I put in a lot of time.
[14:05.000 --> 14:08.000]  Not as much as you guys, but I've definitely done my dues.
[14:08.000 --> 14:10.000]  I'm trying.
[14:10.000 --> 14:13.000]  But I don't know what time it is.
[14:13.000 --> 14:17.000]  If there's other callers, I want them to get there for us.
[14:17.000 --> 14:19.000]  Okay, thank you.
[14:19.000 --> 14:24.000]  Stay after it and go after the nurse and tell us how that works.
[14:24.000 --> 14:28.000]  That ought to really get them excited.
[14:28.000 --> 14:30.000]  Yes, sir.
[14:30.000 --> 14:32.000]  Okay, thank you, Adam.
[14:32.000 --> 14:36.000]  Now we're going to go to Ken in New York.
[14:36.000 --> 14:37.000]  Oops, let's see.
[14:37.000 --> 14:39.000]  I'll get that in a minute.
[14:39.000 --> 14:40.000]  Okay.
[14:40.000 --> 14:41.000]  Ken.
[14:41.000 --> 14:42.000]  I'm here.
[14:42.000 --> 14:43.000]  I'm here.
[14:43.000 --> 14:46.000]  Did you get a response from Scott?
[14:46.000 --> 14:53.000]  Last night I asked Ken to send me an email over an insurance issue.
[14:53.000 --> 14:55.000]  Scott Richardson calls in the show.
[14:55.000 --> 15:01.000]  He specializes in social security type and Medicare, Medicaid type insurance.
[15:01.000 --> 15:03.000]  Did you hear from him?
[15:03.000 --> 15:04.000]  Yes, I did.
[15:04.000 --> 15:10.000]  And he suggested when I responded to him, I told him I would give him a timeline.
[15:10.000 --> 15:14.000]  He suggested that I just call up so maybe he's listening.
[15:14.000 --> 15:16.000]  And I just want to make a point.
[15:16.000 --> 15:19.000]  I didn't need him to do anything for me.
[15:19.000 --> 15:24.000]  I already, I just want to run it by and see what he thinks about it.
[15:24.000 --> 15:25.000]  So it's not.
[15:25.000 --> 15:26.000]  Yeah, exactly.
[15:26.000 --> 15:32.000]  That's why I wanted you to go to him because he'll have more knowledge on this subject than anybody else.
[15:32.000 --> 15:34.000]  We just called him today.
[15:34.000 --> 15:40.000]  My mom was, we're looking at the possibility of having to put her in an old folks home.
[15:40.000 --> 15:44.000]  And we were looking at the best way to structure things.
[15:44.000 --> 15:51.000]  And I had him call Scott, just have my sister talk to him for some, just to get information.
[15:51.000 --> 15:59.000]  And he set her up on a whole different system where now her, the insurance will pay for everything.
[15:59.000 --> 16:03.000]  It's a hundred and something extra a month back that she doesn't have to pay for.
[16:03.000 --> 16:07.000]  He, he did it really well.
[16:07.000 --> 16:12.000]  But he did try to set up a three way with my sisters.
[16:12.000 --> 16:17.000]  And Scott, if you're listening, that was just wrong.
[16:17.000 --> 16:23.000]  Actually, I tried to assist, but I couldn't get the phones to work either.
[16:23.000 --> 16:25.000]  Well, okay.
[16:25.000 --> 16:28.000]  That's all the humor for the night.
[16:28.000 --> 16:30.000]  He didn't know what he was getting into.
[16:30.000 --> 16:32.000]  Mean Jean is one sister.
[16:32.000 --> 16:35.000]  And the other sister was on this radio show once.
[16:35.000 --> 16:42.000]  And when she came on, she said, yeah, I'm the sister Randall says is the meanest woman God ever made.
[16:42.000 --> 16:43.000]  Oh, you heard that wrong.
[16:43.000 --> 16:45.000]  Yeah, I heard that.
[16:45.000 --> 16:46.000]  Okay.
[16:46.000 --> 16:47.000]  Hang on.
[16:47.000 --> 16:48.000]  We're about to go to break.
[16:48.000 --> 16:53.000]  When we come back, I'll shut up and I'll actually let you talk.
[16:53.000 --> 16:58.000]  Randy Kelton, we'll be right back.
[17:23.000 --> 17:30.000]  We'll be right back.
[17:53.000 --> 17:58.000]  $25 donation is a chance to win.
[18:23.000 --> 18:45.000]  We'll be right back.
[18:45.000 --> 19:13.000]  $25 donation is a chance to win.
[19:13.000 --> 19:36.000]  $25 donation is a chance to win.
[19:36.000 --> 19:46.000]  Okay, we are back.
[19:46.000 --> 19:50.000]  We're actually going to let Ken talk this time.
[19:50.000 --> 19:51.000]  Thank you.
[19:51.000 --> 19:54.000]  What do you have for us?
[19:54.000 --> 19:59.000]  By the way, tell Ted to keep what money has in his pocket.
[19:59.000 --> 20:01.000]  I just made $100 donation.
[20:01.000 --> 20:03.000]  You can give him the copy at a one on one.
[20:03.000 --> 20:05.000]  I use the one on one link.
[20:05.000 --> 20:06.000]  Wow.
[20:06.000 --> 20:07.000]  Wonderful.
[20:07.000 --> 20:08.000]  Thank you.
[20:08.000 --> 20:12.000]  Did you donate it to Randy's beer fund?
[20:12.000 --> 20:13.000]  No.
[20:13.000 --> 20:15.000]  Oh.
[20:15.000 --> 20:18.000]  No.
[20:18.000 --> 20:19.000]  That's okay.
[20:19.000 --> 20:24.000]  Randy quit drinking beer and it all goes the same place.
[20:24.000 --> 20:28.000]  I made one a while back, but I have too many copies of your PDF.
[20:28.000 --> 20:34.000]  So I had to get a couple of bookends to put them on my shelf so that they wouldn't fall over.
[20:34.000 --> 20:40.000]  It's a virtual bookends on your virtual shelf to hold all your PDFs.
[20:40.000 --> 20:44.000]  Imaginary shelf.
[20:44.000 --> 20:51.000]  Scott writes to me that he uses the word creditable.
[20:51.000 --> 20:53.000]  Okay, creditable.
[20:53.000 --> 21:01.000]  And I've been using the word credible all along and nobody has corrected me.
[21:01.000 --> 21:06.000]  I'm wondering if that has anything to do with it where I said,
[21:06.000 --> 21:12.000]  I didn't understand the nature of using the word credible because me, it sounds believable.
[21:12.000 --> 21:14.000]  So he thought that was the word.
[21:14.000 --> 21:16.000]  They wrote me a paragraph.
[21:16.000 --> 21:17.000]  Okay.
[21:17.000 --> 21:19.000]  You have a comment?
[21:19.000 --> 21:22.000]  I'm not sure I understand that.
[21:22.000 --> 21:24.000]  Are you credible?
[21:24.000 --> 21:26.000]  Are you saying it two different ways?
[21:26.000 --> 21:28.000]  Are you spelling it two different ways?
[21:28.000 --> 21:41.000]  Yes, because I had been under the impression all along that it was the word credible, C-R-E-D-I-B-L-E, as if in belief.
[21:41.000 --> 21:47.000]  So I said, what kind of, the last couple of times I called, I said, what kind of a standard is that?
[21:47.000 --> 21:49.000]  Credible sounds like believable.
[21:49.000 --> 21:55.000]  Well, now he uses the word creditable.
[21:55.000 --> 21:58.000]  You can see what a mistake was.
[21:58.000 --> 22:00.000]  Spell that?
[22:00.000 --> 22:01.000]  All right.
[22:01.000 --> 22:15.000]  Scott uses the word credit, C-R-E-D-I-T-A-B-L-E, credit and table together, creditable.
[22:15.000 --> 22:16.000]  Well, that makes sense.
[22:16.000 --> 22:19.000]  It's two completely different concepts.
[22:19.000 --> 22:23.000]  Something can be believed or something can be credited.
[22:23.000 --> 22:24.000]  Right.
[22:24.000 --> 22:26.000]  Oh, credit.
[22:26.000 --> 22:27.000]  Okay.
[22:27.000 --> 22:28.000]  It didn't click.
[22:28.000 --> 22:30.000]  Sounds like an accounting term.
[22:30.000 --> 22:33.000]  That makes sense.
[22:33.000 --> 22:34.000]  Okay.
[22:34.000 --> 22:42.000]  So, but no one had ever corrected me because I had brought this up to Medicare and to the company, the Part D prescription.
[22:42.000 --> 22:44.000]  This is the RX company.
[22:44.000 --> 22:50.000]  Isn't that called an onomatopoeia?
[22:50.000 --> 22:55.000]  Well, you have two words that sound the same but have different meanings.
[22:55.000 --> 22:56.000]  Yeah.
[22:56.000 --> 23:07.000]  I think that's where somebody went to public school and they were, the teacher was forced to allow them to pass, even though it should have slumped.
[23:07.000 --> 23:08.000]  Okay.
[23:08.000 --> 23:09.000]  That is a good point.
[23:09.000 --> 23:10.000]  I need to look those up.
[23:10.000 --> 23:11.000]  Okay.
[23:11.000 --> 23:12.000]  Go ahead, Ken.
[23:12.000 --> 23:13.000]  I'm going to look this up before you're talking.
[23:13.000 --> 23:16.000]  That is an interesting issue.
[23:16.000 --> 23:21.000]  It's kind of like using nuclear and nuclear.
[23:21.000 --> 23:22.000]  Yeah.
[23:22.000 --> 23:25.000]  I remember Bush getting some problems over that one.
[23:25.000 --> 23:26.000]  Yeah.
[23:26.000 --> 23:27.000]  George Bush.
[23:27.000 --> 23:30.000]  One doesn't mean anything at all.
[23:30.000 --> 23:38.000]  Anyway, he says that coverage means that you have a PDP plan or able to use the VA for the drug plan.
[23:38.000 --> 23:41.000]  So I want to make a point that I'm not a vet.
[23:41.000 --> 23:49.000]  So that's not the case and says if you have a med sub policy, then you have to get a standalone PDP description.
[23:49.000 --> 23:51.000]  But that's not the case either.
[23:51.000 --> 23:57.000]  I wrote a timeline out and I can go through exactly what happened.
[23:57.000 --> 24:03.000]  In April of 2018, near the end of the month, I separated myself.
[24:03.000 --> 24:17.000]  I've already been covered by Medicare A and B and I decided that I didn't want a Part C because they're also too confusing to me and they all didn't seem to pay much and they all had super high deductible.
[24:17.000 --> 24:27.000]  So if I separate myself from my company medical plan, they'll give me 100 bucks a month cash, which I can simply put away.
[24:27.000 --> 24:35.000]  So now it's true, I would be eating the 20% and so far it's worked out very well for me.
[24:35.000 --> 24:38.000]  The only time it wouldn't work out is if I had to go into the hospital.
[24:38.000 --> 24:52.000]  But in New York, based on the suit that was brought against me in 2013, we have a pool called hospital finance aid, which will cover you.
[24:52.000 --> 24:59.000]  You can apply on the spot when you're in any state hospital like Stony Brook, New York.
[24:59.000 --> 25:01.000]  And it's based on income.
[25:01.000 --> 25:07.000]  But even if you have income, you could still get 80%, 60%, 50%.
[25:07.000 --> 25:11.000]  That would help beat up the other 20% that Medicare doesn't cover.
[25:11.000 --> 25:28.000]  So what I did was I separated myself from company plan and within the 63-day limit, there's supposed to be a limit from which you jump from one plan to have some kind of prescription or Part D coverage.
[25:28.000 --> 25:30.000]  Now I was inside that.
[25:30.000 --> 25:38.000]  I had RX coverage or prescription coverage by June 1.
[25:38.000 --> 25:42.000]  Now the company, first thing they did was they sent me an app for David.
[25:42.000 --> 25:48.000]  They wanted me to sign in the perjury saying I had what looked like credible coverage.
[25:48.000 --> 25:54.000]  I have to go find my own letters to see if they actually use that term.
[25:54.000 --> 25:58.000]  And I refused to sign it and I said, you're not a court, you're a corporation.
[25:58.000 --> 26:04.000]  I said, even though we all know everybody's a corporation, I said, I'm not signing anything on the perjury.
[26:04.000 --> 26:09.000]  I don't know what I'm dealing with here. I might make a mistake and then you'll try to talk me under perjury.
[26:09.000 --> 26:13.000]  So I called Medicare and I told them I wouldn't do it.
[26:13.000 --> 26:16.000]  I said, okay, fine.
[26:16.000 --> 26:26.000]  So the next step is they have been accepting my $15 a month coverage for Part D since last year.
[26:26.000 --> 26:34.000]  And we've been going around in circles where they keep telling me they want me to send them some kind of proof that I had credible coverage or credible coverage.
[26:34.000 --> 26:36.000]  Okay, hold on.
[26:36.000 --> 26:42.000]  Ken, I just looked up C-R-E-D-I-C-A-B-L-E.
[26:42.000 --> 26:43.000]  Yeah.
[26:43.000 --> 26:46.000]  There is no such word.
[26:46.000 --> 26:49.000]  Oh, credit.
[26:49.000 --> 26:51.000]  They made it up.
[26:51.000 --> 26:57.000]  Scott uses C-R-E-D-I-T-A-B-L-E.
[26:57.000 --> 27:01.000]  That's where he uses it.
[27:01.000 --> 27:03.000]  Credit.
[27:03.000 --> 27:07.000]  C-R-E-D-I-C-A-B-L-E. Yeah, that's what I put it.
[27:07.000 --> 27:09.000]  There is no such word.
[27:09.000 --> 27:10.000]  No, right.
[27:10.000 --> 27:17.000]  Ken is saying creditable, like the word credit with a T as in Congo.
[27:17.000 --> 27:20.000]  There's credit table.
[27:20.000 --> 27:30.000]  C-R-E-D-I-C-R-E-D-I-T-A-B-L-E.
[27:30.000 --> 27:31.000]  Credit.
[27:31.000 --> 27:35.000]  Is that C-R-E-D or C-R-E-T?
[27:35.000 --> 27:37.000]  C-R-E-D.
[27:37.000 --> 27:38.000]  Okay.
[27:38.000 --> 27:40.000]  That's what I looked up.
[27:40.000 --> 27:42.000]  It don't exist.
[27:42.000 --> 27:43.000]  They made it up.
[27:43.000 --> 27:50.000]  Maybe creditable, which sounds believable in terms of what it means.
[27:50.000 --> 27:51.000]  Correct?
[27:51.000 --> 27:54.000]  I think that's what they've been using.
[27:54.000 --> 27:55.000]  Hold on.
[27:55.000 --> 27:56.000]  I found something.
[27:56.000 --> 28:02.000]  Company was awarded the title of creditable.
[28:02.000 --> 28:04.000]  I actually found the term.
[28:04.000 --> 28:06.000]  Let's see what it actually says.
[28:06.000 --> 28:07.000]  Definition.
[28:07.000 --> 28:08.000]  Maybe that's the problem.
[28:08.000 --> 28:21.000]  It's a definition, a legal definition, which doesn't have to follow any kind of logic.
[28:21.000 --> 28:24.000]  You see, I found this term.
[28:24.000 --> 28:32.000]  It's in an odd place and there is no definition of it of any kind.
[28:32.000 --> 28:33.000]  Okay.
[28:33.000 --> 28:49.000]  September 2014, boarding Gen-D machinery company, L-T-D, has been assessed as high H-E-B-E-I
[28:49.000 --> 28:52.000]  credit cable enterprise.
[28:52.000 --> 28:54.000]  But as-
[28:54.000 --> 28:57.000]  No, it sounds like you're still spelling it wrong.
[28:57.000 --> 28:59.000]  There's no second C in there.
[28:59.000 --> 29:01.000]  There's just the first C.
[29:01.000 --> 29:02.000]  Okay.
[29:02.000 --> 29:09.000]  Healthcare.gov slash glossary slash creditable dash coverage.
[29:09.000 --> 29:10.000]  Okay.
[29:10.000 --> 29:13.000]  I thought he said credit cable.
[29:13.000 --> 29:14.000]  Credit cable.
[29:14.000 --> 29:19.000]  I was trying to say two words, two parts of the word separately so you can see the difference
[29:19.000 --> 29:24.000]  between credible as opposed to credit.
[29:24.000 --> 29:34.000]  What looks like a credit and enable after it, one T.
[29:34.000 --> 29:35.000]  Okay.
[29:35.000 --> 29:36.000]  Credit, okay.
[29:36.000 --> 29:37.000]  Now I'm-
[29:37.000 --> 29:43.000]  Healthcare.gov defines it as health insurance coverage under any of the following.
[29:43.000 --> 29:52.000]  A group health plan, individual health insurance, student health insurance, Medicare, medicated,
[29:52.000 --> 29:54.000]  okay.
[29:54.000 --> 29:56.000]  Champus and tri-care.
[29:56.000 --> 30:04.000]  The federal employees health benefits program that goes on and on with it.
[30:04.000 --> 30:05.000]  Keep your voice down.
[30:05.000 --> 30:11.000]  The government now has Russian technology that matches identities to voices so it can tell
[30:11.000 --> 30:12.000]  who's doing the talking.
[30:12.000 --> 30:14.000]  I'm Dr. Kaepernal Brecht.
[30:14.000 --> 30:17.000]  Back to tell you how it works after this.
[30:17.000 --> 30:19.000]  Privacy is under attack.
[30:19.000 --> 30:22.000]  When you give up data about yourself, you'll never get it back again.
[30:22.000 --> 30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.000 --> 30:29.000]  So protect your rights.
[30:29.000 --> 30:33.000]  Say no to surveillance and keep your information to yourself.
[30:33.000 --> 30:35.000]  Privacy, it's worth hanging on to.
[30:35.000 --> 30:41.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[30:41.000 --> 30:42.000]  Yahoo and Bing.
[30:42.000 --> 30:46.000]  Start over with StartPage.
[30:46.000 --> 30:51.000]  Since 2001, when the Patriot Act opened the doors to electronic surveillance, Big Brother
[30:51.000 --> 30:54.000]  has gone crazy vacuuming up all of our data.
[30:54.000 --> 30:59.000]  Now it has a new tactic, courtesy of our former communist allies, the Russians.
[30:59.000 --> 31:05.000]  It's called voice grid nation, and it analyzes and identifies voices, courtesy of Russia's
[31:05.000 --> 31:06.000]  Speech Technology Center.
[31:06.000 --> 31:11.000]  When authorities intercept a call, the speaker's voice is compared to millions of others, like
[31:11.000 --> 31:12.000]  a fingerprint.
[31:12.000 --> 31:14.000]  How long does it take for a match?
[31:14.000 --> 31:15.000]  Three seconds.
[31:15.000 --> 31:18.000]  So watch what you say on the phone, comrades.
[31:18.000 --> 31:22.000]  Whether you say your name or not, Big Brother may know who's talking.
[31:22.000 --> 31:27.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:31.000 --> 31:32.000]  I lost my son.
[31:32.000 --> 31:33.000]  My nephew.
[31:33.000 --> 31:34.000]  My uncle.
[31:34.000 --> 31:35.000]  My son.
[31:35.000 --> 31:36.000]  On September 11, 2000.
[31:36.000 --> 31:40.000]  Most people don't know that a third tower fell on September 11.
[31:40.000 --> 31:44.000]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:44.000 --> 31:48.000]  All will be official exclamation as that fire brought down Building 7.
[31:48.000 --> 31:53.000]  Over 1,200 architects and engineers have looked into the evidence and believed there is more
[31:53.000 --> 31:54.000]  to the story.
[31:54.000 --> 31:55.000]  Bring justice to my son.
[31:55.000 --> 31:56.000]  My uncle.
[31:56.000 --> 31:57.000]  My nephew.
[31:57.000 --> 31:58.000]  My son.
[31:58.000 --> 31:59.000]  Go to BuildingWhat.org.
[31:59.000 --> 32:02.000]  Why it fell, why it matters, and what you can do.
[32:02.000 --> 32:07.000]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:07.000 --> 32:13.000]  Scripture Talk with Nana will begin Wednesday, January 8, from 8 to 10 p.m. Central Time.
[32:13.000 --> 32:16.000]  Our goal is in accord with Matthew 516.
[32:16.000 --> 32:22.000]  Let your light so shine before men that they may see your good works and glorify your Father,
[32:22.000 --> 32:23.000]  which is in heaven.
[32:23.000 --> 32:28.000]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:28.000 --> 32:33.000]  Join Nana and guests for both verse-by-verse Bible studies and topical Bible studies designed
[32:33.000 --> 32:36.000]  to provoke unto love and good works.
[32:36.000 --> 32:41.000]  Our verse-by-verse Bible studies will begin in the book of Matthew where we will discuss
[32:41.000 --> 32:42.000]  one chapter per week.
[32:42.000 --> 32:48.000]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[32:48.000 --> 32:49.000]  Christian character development.
[32:49.000 --> 32:57.000]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting
[32:57.000 --> 33:03.000]  January 8 for an inspiring and motivating discussion of the Scriptures.
[33:03.000 --> 33:13.000]  Live free speech radio, LogosRadioNetwork.com.
[33:33.000 --> 34:00.000]  Okay, we are back.
[34:00.000 --> 34:05.000]  We are talking to Brett Fountain and we are talking to Ken in New York.
[34:05.000 --> 34:12.000]  Ken, we spent the whole break looking up credit table.
[34:12.000 --> 34:18.000]  There are a couple of dictionary definitions.
[34:18.000 --> 34:25.000]  Those dictionary definitions define it the way you have been defining it.
[34:25.000 --> 34:37.000]  But Brett found one that is with an insurance company and it is defining it in insurance
[34:37.000 --> 34:38.000]  parlance.
[34:38.000 --> 34:43.000]  Will you go through that again, Brett?
[34:43.000 --> 34:44.000]  Sure.
[34:44.000 --> 34:51.000]  It just says in the health insurance world, creditable coverage is insurance coverage
[34:51.000 --> 34:57.000]  you had in the past that you get credit for when applying for new health insurance.
[34:57.000 --> 34:59.000]  Yes, that makes sense.
[34:59.000 --> 35:05.000]  So they are asking you if your previous policy is creditable.
[35:05.000 --> 35:08.000]  How in the heck would you know that?
[35:08.000 --> 35:13.000]  Well, I can say I can pretty, yes, I can understand that.
[35:13.000 --> 35:18.000]  I can also say I am pretty sure that it was because I had a group health plan from my
[35:18.000 --> 35:25.000]  job that covered the missing 20% that Medicare A and B does not cover.
[35:25.000 --> 35:27.000]  There it is.
[35:27.000 --> 35:28.000]  That's it.
[35:28.000 --> 35:29.000]  Right.
[35:29.000 --> 35:30.000]  It is that.
[35:30.000 --> 35:32.000]  Okay, got it.
[35:32.000 --> 35:40.000]  Healthcare.gov describes that the very first item on their list says a group health plan.
[35:40.000 --> 35:42.000]  So that's what you had.
[35:42.000 --> 35:49.000]  It had both medical coverage and prescription drugs.
[35:49.000 --> 35:55.000]  However, I did separate outside of open enrollment.
[35:55.000 --> 36:00.000]  I don't know if that means anything or not, but I was allowed to do that and I got a letter
[36:00.000 --> 36:03.000]  from my company saying that I separated.
[36:03.000 --> 36:13.000]  And then I discussed this with Medicare and I said, as I understand it, I actually don't
[36:13.000 --> 36:19.000]  need to have a Part C as long as I have a Part D and that's what's supposed to avoid
[36:19.000 --> 36:22.000]  the penalty and they said yes.
[36:22.000 --> 36:26.000]  And I think even this company agrees with that, but they want me to supply some kind
[36:26.000 --> 36:28.000]  of proof to sign an affidavit.
[36:28.000 --> 36:32.000]  And I told Medicare, I said, I'm not signing an affidavit for a company.
[36:32.000 --> 36:36.000]  I said, you know, S-C-R-E-W-M.
[36:36.000 --> 36:40.000]  I said, you only do that if you go in the court.
[36:40.000 --> 36:46.000]  I said, I'm not going to swear on the perjury because maybe there's something I don't understand
[36:46.000 --> 36:49.000]  to know about and they're going to try to hold me to it.
[36:49.000 --> 36:54.000]  So far, almost a year later, we're still going around in circles, but they're still accepting
[36:54.000 --> 36:57.000]  my $15 a month without the fine.
[36:57.000 --> 37:00.000]  And I told Medicare, I'm not paying a fine.
[37:00.000 --> 37:04.000]  And they're telling me that, well, whatever you're fining against, you're supposed to
[37:04.000 --> 37:05.000]  pay the fine immediately.
[37:05.000 --> 37:08.000]  I said, you mean even without adjudication?
[37:08.000 --> 37:09.000]  And they said, yes.
[37:09.000 --> 37:11.000]  I said, I'm not doing that.
[37:11.000 --> 37:18.000]  I think since I'm not cooperating with them, it seems like they're all tied up in some
[37:18.000 --> 37:20.000]  kind of a knot or something.
[37:20.000 --> 37:22.000]  They don't know what to do.
[37:22.000 --> 37:30.000]  They're not used to quest the old buzzards like you who make them do their jobs.
[37:30.000 --> 37:31.000]  Right.
[37:31.000 --> 37:33.000]  I don't think they know what to do.
[37:33.000 --> 37:34.000]  So we're here today.
[37:34.000 --> 37:36.000]  This is where we are today.
[37:36.000 --> 37:41.000]  And so far, I just made another payment at the end of the month.
[37:41.000 --> 37:44.000]  Then they were telling me they wanted the payment on the first of the month.
[37:44.000 --> 37:46.000]  And I said, I should send it out a couple days.
[37:46.000 --> 37:47.000]  I said, fine.
[37:47.000 --> 37:48.000]  They sent it out.
[37:48.000 --> 37:53.000]  But they got it by the first and they're still accepting it and they're still filling out
[37:53.000 --> 37:54.000]  my prescription.
[37:54.000 --> 38:00.000]  And by the way, the reason that I dropped my medical plan, and I won't take another one
[38:00.000 --> 38:07.000]  right now, is since I'm an insulin dependent diabetic for over 20 years now, because of
[38:07.000 --> 38:13.000]  the price of insulin, they don't want to cover tier three drugs properly, which means that
[38:13.000 --> 38:19.000]  in this case, even that using, which is not really a great amount, 50 units twice a day,
[38:19.000 --> 38:20.000]  but it varies.
[38:20.000 --> 38:21.000]  It can be less.
[38:21.000 --> 38:31.000]  I would have to spend about $2,500 a year before they start kicking support in.
[38:31.000 --> 38:37.000]  And I can go to Walmart without a script and buy insulin for $24.80 a bottle, which is
[38:37.000 --> 38:38.000]  what I decided to do.
[38:38.000 --> 38:40.000]  That'll run me about 900 a year.
[38:40.000 --> 38:42.000]  So I said, I don't even need you guys.
[38:42.000 --> 38:49.000]  The only reason I have you is I'm paying $15 a month for an occasional pill medication,
[38:49.000 --> 38:51.000]  which I rarely take.
[38:51.000 --> 38:56.000]  And I said, yeah, absolutely doing nothing for me.
[38:56.000 --> 39:01.000]  For some odd reason, when you get a script from the doctor, the insulin costs $250 a
[39:01.000 --> 39:02.000]  bottle.
[39:02.000 --> 39:06.000]  And but if you go to Walmart, you get the same, almost the same insulin.
[39:06.000 --> 39:11.000]  The only difference is it takes a little longer to act as opposed to a half hour to
[39:11.000 --> 39:12.000]  start acting.
[39:12.000 --> 39:14.000]  And it's made in Denmark.
[39:14.000 --> 39:15.000]  It doesn't come from China.
[39:15.000 --> 39:19.000]  And it's coming from Nova Nordus, which is one of the two.
[39:19.000 --> 39:22.000]  They're actually the company that invented insulin.
[39:22.000 --> 39:31.000]  So I can't for the life of me understand why all the standard insulin are $250 a bottle,
[39:31.000 --> 39:33.000]  but this one is $24.80 a bottle.
[39:33.000 --> 39:35.000]  And you don't even need a script for it.
[39:35.000 --> 39:40.000]  And if I wanted to be like a good drug addict, I can ask them for a packet of needles without
[39:40.000 --> 39:41.000]  a script too.
[39:41.000 --> 39:44.000]  Do you know that?
[39:44.000 --> 39:48.000]  So, yeah, I knew you could get the needles.
[39:48.000 --> 39:53.000]  I get them sometimes when I use them to fill my ink cartridges.
[39:53.000 --> 39:59.000]  And I generally go to a feed store and you can get any size of needles you want.
[39:59.000 --> 40:02.000]  But you can go to Walmart and I think Walmart will give me to you.
[40:02.000 --> 40:07.000]  But the part that I found fascinating is I don't need a script from a doctor to get an
[40:07.000 --> 40:08.000]  insulin.
[40:08.000 --> 40:11.000]  You just have to know what insulin is asked for.
[40:11.000 --> 40:16.000]  If you're telling me you've got to know what insulin you want and they won't give it to
[40:16.000 --> 40:17.000]  you.
[40:17.000 --> 40:20.000]  Well, that's interesting.
[40:20.000 --> 40:23.000]  Tenfold decrease?
[40:23.000 --> 40:25.000]  That's substantial.
[40:25.000 --> 40:26.000]  Yes.
[40:26.000 --> 40:30.000]  Insulin was invented in about 1920 or 21 by Novo.
[40:30.000 --> 40:35.000]  Eli Lilly, there's only Lantus, there's only a few companies that make it.
[40:35.000 --> 40:39.000]  And for some odd reason, it never went generic.
[40:39.000 --> 40:45.000]  However, this one that Walmart gets comes from Denmark and it's manufactured by the very
[40:45.000 --> 40:48.000]  same company that will fill their insulin.
[40:48.000 --> 40:50.000]  There's also 250 a bottle.
[40:50.000 --> 40:52.000]  We're talking about 100 units.
[40:52.000 --> 41:00.000]  This is, what kind of a word would you describe this like rape?
[41:00.000 --> 41:04.000]  Yeah, pretty close.
[41:04.000 --> 41:07.000]  And the doctors will never prescribe the insulin at Walmart.
[41:07.000 --> 41:10.000]  So I told my regular doctor, this is great.
[41:10.000 --> 41:13.000]  I don't need to see my endocrinologist anymore.
[41:13.000 --> 41:14.000]  I said, well, I bother.
[41:14.000 --> 41:16.000]  I go in there, he pats me on the back.
[41:16.000 --> 41:24.000]  He tells me I could be doing better and he generates the $400 bill for 15 minutes.
[41:24.000 --> 41:25.000]  Must be nice.
[41:25.000 --> 41:27.000]  Good business.
[41:27.000 --> 41:28.000]  Yeah.
[41:28.000 --> 41:29.000]  Okay.
[41:29.000 --> 41:30.000]  They're all invested in it.
[41:30.000 --> 41:36.000]  For example, if you go to a Northwell Health, you're always going to get Eli Lilly insulin.
[41:36.000 --> 41:39.000]  If you go to somebody else, you'll get Novo.
[41:39.000 --> 41:41.000]  Novo was a company that invented it.
[41:41.000 --> 41:45.000]  And when they invented it originally, they wanted to keep it around a dollar or a bottle.
[41:45.000 --> 41:50.000]  But then again, you know what inflation in the Federal Reserve, maybe a dollar back in
[41:50.000 --> 41:56.000]  1920 is, you know, I don't see how, even inflation, I don't see how it got up to 250 a bottle.
[41:56.000 --> 42:02.000]  And some companies are being sued by some states over the price of insulin.
[42:02.000 --> 42:06.000]  But basically, all the drug plans just refuse to cover it.
[42:06.000 --> 42:12.000]  They put it as a tier three drug, which makes it very expensive.
[42:12.000 --> 42:19.000]  So the trick is get the word out that you don't have to pay $250 a bottle and you can
[42:19.000 --> 42:21.000]  get it at Walmart.
[42:21.000 --> 42:22.000]  Yeah.
[42:22.000 --> 42:24.000]  And Walmart, as far as I know, is the only one that does that.
[42:24.000 --> 42:30.000]  Eli Lilly will give you, I was told by my doctor before I started using Walmart.
[42:30.000 --> 42:35.000]  And he said that they would give me insulin support.
[42:35.000 --> 42:37.000]  He used to throw me bottles of insulin when I was out.
[42:37.000 --> 42:40.000]  Occasionally I'd be out of work and he'd throw me like 10 bottles.
[42:40.000 --> 42:44.000]  He couldn't do it anymore once he sold his practice to Northwell.
[42:44.000 --> 42:48.000]  They wanted me to sign a financial disclosure and I said screw them.
[42:48.000 --> 42:53.000]  I ain't doing that.
[42:53.000 --> 42:54.000]  Okay.
[42:54.000 --> 42:55.000]  We do need to be one.
[42:55.000 --> 42:57.000]  We've got some more callers.
[42:57.000 --> 42:59.000]  Do you have anything else for us, Kent?
[42:59.000 --> 43:00.000]  No.
[43:00.000 --> 43:01.000]  No.
[43:01.000 --> 43:02.000]  And that's where it sits today.
[43:02.000 --> 43:03.000]  And I just don't know.
[43:03.000 --> 43:04.000]  We just keep going around in circles.
[43:04.000 --> 43:07.000]  And I don't know whether I should just, I don't really know what to do.
[43:07.000 --> 43:17.000]  You need to send them a certified letter and ask them to specify what evidence would be
[43:17.000 --> 43:25.000]  sufficient to demonstrate that you have creditable, that you had creditable insurance.
[43:25.000 --> 43:27.000]  I gave it to them already.
[43:27.000 --> 43:29.000]  I sent them the separation letter.
[43:29.000 --> 43:32.000]  And I also, it took me an hour to sign up.
[43:32.000 --> 43:39.000]  When you sign up for one of these companies, what they do is they're constantly asking
[43:39.000 --> 43:42.000]  you to, it's kind of like a verbal signature.
[43:42.000 --> 43:44.000]  So what I did is several points during the way.
[43:44.000 --> 43:47.000]  I had questions and I'm about, what are you using my information for?
[43:47.000 --> 43:52.000]  You're telling me to give you the right to use this information at various points during
[43:52.000 --> 43:53.000]  the interview.
[43:53.000 --> 43:57.000]  And I raised up U161308.
[43:57.000 --> 44:00.000]  I said, I'm verbally raising it.
[44:00.000 --> 44:05.000]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[44:05.000 --> 44:09.000]  Stop debt collectors now with the Michael Meares proven method.
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[44:19.000 --> 44:21.000]  civil rights statute.
[44:21.000 --> 44:24.000]  What to do when contacted by phones, mail, or court summons.
[44:24.000 --> 44:26.000]  How to answer letters and phone calls.
[44:26.000 --> 44:29.000]  How to get debt collectors out of your credit report.
[44:29.000 --> 44:34.000]  How to turn the financial tables on them and make them pay you to go away.
[44:34.000 --> 44:38.000]  The Michael Meares proven method is the solution for how to stop debt collectors.
[44:38.000 --> 44:41.000]  Personal consultation is available as well.
[44:41.000 --> 44:46.000]  For more information please visit ruleoflawradio.com and click on the blue Michael Meares banner
[44:46.000 --> 44:49.000]  or email MichaelMeares at yahoo.com.
[44:49.000 --> 44:57.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[44:57.000 --> 45:00.000]  To learn how to stop debt collectors now.
[45:00.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:08.000]  Win your case without an attorney with Jurisdictionary.
[45:08.000 --> 45:14.000]  The affordable, easy to understand four CD course that will show you how in 24 hours
[45:14.000 --> 45:16.000]  you step-by-step.
[45:16.000 --> 45:19.000]  If you have a lawyer know what your lawyer should be doing.
[45:19.000 --> 45:23.000]  If you don't have a lawyer know what you should do for yourself.
[45:23.000 --> 45:28.000]  Thousands have won with our step-by-step course and now you can too.
[45:28.000 --> 45:33.000]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:33.000 --> 45:38.000]  Even if you're not in a lawsuit you can learn what everyone should understand
[45:38.000 --> 45:43.000]  about the principles and practices that control our American courts.
[45:43.000 --> 45:49.000]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.000 --> 45:52.000]  prosay tactics and much more.
[45:52.000 --> 46:04.000]  Please visit ruleoflawradio.com and click on the banner.
[46:22.000 --> 46:35.000]  Okay, we are back.
[46:35.000 --> 46:38.000]  Randy Kelton, Brett Fountain Rule of Law Radio.
[46:38.000 --> 46:51.000]  On this Friday, the sixth day of December 2019, tomorrow is the Pearl Harbor Day.
[46:51.000 --> 46:57.000]  The birth day of the first girl ever to break my heart.
[46:57.000 --> 47:01.000]  Okay, talking to Ken in New York.
[47:01.000 --> 47:03.000]  Okay, do you have anything else for us, Ken?
[47:03.000 --> 47:06.000]  No, it was my father's birthday.
[47:06.000 --> 47:10.000]  My mother always said they did it over his birthday.
[47:10.000 --> 47:14.000]  Okay, thank you, Ken.
[47:14.000 --> 47:17.000]  Now we're going to go to Charles in Georgia.
[47:17.000 --> 47:25.000]  Hello, Charles. It has been a while.
[47:25.000 --> 47:31.000]  Charles, are you there?
[47:31.000 --> 47:35.000]  Charles used to call us from his truck so he may have dropped off.
[47:35.000 --> 47:38.000]  Okay, we'll try and back a little bit later.
[47:38.000 --> 47:41.000]  We're going to Bill in Texas.
[47:41.000 --> 47:46.000]  Bill, what do you have for us today?
[47:46.000 --> 47:53.000]  Hello, just to update with my little traffic ticket.
[47:53.000 --> 47:59.000]  I went ahead and filed a motion for dismissal for being outside the statute of limitations
[47:59.000 --> 48:11.000]  and a motion for, I guess it's to reconsider like the original motions that I put in.
[48:11.000 --> 48:17.000]  One of the questions that I had since the judge had refused himself, the new judge,
[48:17.000 --> 48:24.000]  do all of the rulings on my motion still stand from the judge that refused himself?
[48:24.000 --> 48:26.000]  Yes.
[48:26.000 --> 48:28.000]  Okay.
[48:28.000 --> 48:35.000]  And then I'm really just waiting back to hear from them to see what they're going to do.
[48:35.000 --> 48:43.000]  And I think the plan is that whenever we go in or whenever I go in there,
[48:43.000 --> 48:48.000]  I'm going to go ahead and then waive my right or waive my jury trial.
[48:48.000 --> 48:52.000]  Am I able to do that the day of the trial?
[48:52.000 --> 48:54.000]  I'm sure you can.
[48:54.000 --> 48:56.000]  Yes.
[48:56.000 --> 48:58.000]  There's no time limit on it.
[48:58.000 --> 49:03.000]  It just says if you waive it, you have to waive it in righty.
[49:03.000 --> 49:07.000]  They can, they may grade it to you if you don't do it in righty,
[49:07.000 --> 49:10.000]  but the statute says you have to do it in righty.
[49:10.000 --> 49:15.000]  But it does not give you any, normally all the rest of the things that you're filing,
[49:15.000 --> 49:20.000]  there's some limits that you can't do it unless it's seven days before or 10 days before,
[49:20.000 --> 49:26.000]  or one of them is up to 45 days before, but this one is, there's no time limit on it.
[49:26.000 --> 49:29.000]  Okay.
[49:29.000 --> 49:33.000]  Yeah, that would be a good little, that'd be a good little strategy because it's, you know,
[49:33.000 --> 49:40.000]  it's two years after and then put it in the judge's lap and make him kind of see what he wants to do with it.
[49:40.000 --> 49:44.000]  Have you filed a stack of motions in the case?
[49:44.000 --> 49:46.000]  Oh, yeah.
[49:46.000 --> 49:48.000]  Yeah, there was a...
[49:48.000 --> 49:52.000]  Has the court ruled on all of the issues and all of the motions?
[49:52.000 --> 49:54.000]  No.
[49:54.000 --> 50:00.000]  We had a jurisdictional challenge for Sonam and Subject Matter,
[50:00.000 --> 50:05.000]  and they just, you know, they just said, well, we have jurisdiction,
[50:05.000 --> 50:09.000]  and that was really all that was said.
[50:09.000 --> 50:11.000]  Okay.
[50:11.000 --> 50:15.000]  Yes, we do. No, you don't. Yes, we do. No, you don't.
[50:15.000 --> 50:30.000]  If you send me an email, ask me for the case law that requires a judge to properly apply the law to the facts.
[50:30.000 --> 50:37.000]  I'll dig that out of my records and send it to you, and then you use that to file criminal charges against the judge
[50:37.000 --> 50:44.000]  for every issue he failed to properly apply the law to the facts on.
[50:44.000 --> 50:47.000]  I think that was Walker V. Packer.
[50:47.000 --> 50:50.000]  Yeah, that's the one I'm thinking, but...
[50:50.000 --> 50:54.000]  There's also a whole team via Chambers.
[50:54.000 --> 50:56.000]  I think it was Walker V. Packer.
[50:56.000 --> 51:00.000]  Yeah, Chambers was the wrong one.
[51:00.000 --> 51:03.000]  I've been citing that one, but I think it was the wrong one.
[51:03.000 --> 51:06.000]  I think it references the other.
[51:06.000 --> 51:08.000]  Right.
[51:08.000 --> 51:12.000]  So, Walker V. Packer, but I'll send you the actual case number.
[51:12.000 --> 51:13.000]  Okay.
[51:13.000 --> 51:25.000]  And it says that if a judge has no discretion in properly applying the law to the facts, failure to do so is an abuse of discretion.
[51:25.000 --> 51:29.000]  Well, CFA Public Official abuses his discretion.
[51:29.000 --> 51:39.000]  And in the process, the Naju Info and Free Access Tour enjoyment ride, well, that's official oppression, the way I read the code to state Texas.
[51:39.000 --> 51:41.000]  Are you in Texas?
[51:41.000 --> 51:42.000]  Yes, sir.
[51:42.000 --> 51:43.000]  Okay.
[51:43.000 --> 51:44.000]  I'm looking.
[51:44.000 --> 51:45.000]  I thought I was going to Charles.
[51:45.000 --> 51:47.000]  He's in Georgia, but he didn't answer.
[51:47.000 --> 51:48.000]  Okay.
[51:48.000 --> 52:01.000]  So, you filed criminal charges against the judge for each instance, each issue in your motion that he did not address.
[52:01.000 --> 52:09.000]  Addressing the issues you raise in emotion is a matter of due process.
[52:09.000 --> 52:21.000]  So, if he fails to give you due process, it denies you in your right to petition the court for redress grievance.
[52:21.000 --> 52:25.000]  So, for each one, separate complaint.
[52:25.000 --> 52:26.000]  Okay.
[52:26.000 --> 52:32.000]  And, yeah, Bargree, I mean, a judicial conduct complaint on each one wouldn't hurt.
[52:32.000 --> 52:37.000]  You put a mark on his chart.
[52:37.000 --> 52:45.000]  The city, well, the insurance carrier, bond carrier for the city will wind up raising the bond rating.
[52:45.000 --> 52:52.000]  Because they got a judge that's an unacceptable risk.
[52:52.000 --> 52:59.000]  What's a great, what's a good place online to look up case law?
[52:59.000 --> 53:01.000]  We couldn't understand that.
[53:01.000 --> 53:07.000]  Oh, it says, where's a good place to look up case law online?
[53:07.000 --> 53:12.000]  Well, frankly, I use Google.
[53:12.000 --> 53:17.000]  Not Google Scholar, just Google.
[53:17.000 --> 53:29.000]  What I find on Google are treatises and articles by lawyers.
[53:29.000 --> 53:36.000]  Lawyers put up lawyer websites, but for the most part, those are not for the public.
[53:36.000 --> 53:39.000]  Those are for other lawyers.
[53:39.000 --> 53:52.000]  And they post their best work so that if a lawyer has a issue in a given area, the lawyer puts up a, and this lawyer has addressed that area.
[53:52.000 --> 54:02.000]  The lawyer can go online, do a search for that issue, and find this lawyer's website and his documentation, and then he can refer this lawyer to the case.
[54:02.000 --> 54:08.000]  They get about 50% of their work from referrals.
[54:08.000 --> 54:13.000]  So they post really good stuff.
[54:13.000 --> 54:17.000]  And I do much better just straight up Google.
[54:17.000 --> 54:19.000]  Okay.
[54:19.000 --> 54:24.000]  There's a few that you might look at for just the cases themselves.
[54:24.000 --> 54:34.000]  CaseMine, C-A-S-E-M-I-N-E, casemine.com, casetext.com is another good one that I like.
[54:34.000 --> 54:39.000]  Justia, J-U-S-T-I-A.
[54:39.000 --> 54:51.000]  And yeah, there's Google Scholar, but like Randy said, Google often points you to those. When you're looking for those, it will often point you to exactly where you need to be anyway.
[54:51.000 --> 54:53.000]  Yeah.
[54:53.000 --> 55:01.000]  When you said where you look up case law, I didn't exactly answer the question correctly.
[55:01.000 --> 55:08.000]  I answered the question as if you said, where do you look for case law?
[55:08.000 --> 55:18.000]  If you look up case law, just stick it in Google, put whatever the case is, and you adjustia and fast case and all those, you'll get hits right on them.
[55:18.000 --> 55:26.000]  But if you're looking to find the case in the first place, I do that on Google.
[55:26.000 --> 55:32.000]  If I try it on Lexus or Westlaw, I get 10,000 cases.
[55:32.000 --> 55:40.000]  If you go through 10,000 cases, if you do it on Google, you get issues.
[55:40.000 --> 55:55.000]  You get treatments by judges or colleges where they do these reports on these subjects, and they give you not only the case law, but the underlying arguments.
[55:55.000 --> 55:58.000]  Okay.
[55:58.000 --> 56:10.000]  My other question was, what about going after the prosecutor for malicious prosecution with the dismissal?
[56:10.000 --> 56:14.000]  We were talking about that today.
[56:14.000 --> 56:16.000]  Was that with you, Brett?
[56:16.000 --> 56:18.000]  No.
[56:18.000 --> 56:28.000]  I was talking about it with someone, and in order to sue for malicious prosecution, you have to win your case.
[56:28.000 --> 56:30.000]  Right.
[56:30.000 --> 56:37.000]  That was the proviso there.
[56:37.000 --> 56:39.000]  Okay.
[56:39.000 --> 56:45.000]  So after you win, you can turn around and sue for that.
[56:45.000 --> 56:47.000]  Right.
[56:47.000 --> 56:49.000]  No, that was Ted.
[56:49.000 --> 56:51.000]  Was it Ted?
[56:51.000 --> 56:55.000]  Anyway, I was talking to somebody about it today.
[56:55.000 --> 56:56.000]  Okay.
[56:56.000 --> 56:59.000]  Yeah, that was if, right?
[56:59.000 --> 57:10.000]  If I get a dismissal, that's what I'm wanting to kind of, that's my next thing, kind of, you know, because I missed out on a lot of work going up there and dealing with all this stuff.
[57:10.000 --> 57:17.000]  The prosecutor doing his little foe free trial without a judge present.
[57:17.000 --> 57:25.000]  I know I need to find out if he was making suggestions to the judge or if he was actually ruling on the cases and whatnot.
[57:25.000 --> 57:39.000]  But still, you know, there was a lot of days of, you know, I missed out on work and things like that, going back and forth with them, but just, you know, there's a lot of hassle.
[57:39.000 --> 57:42.000]  And that's what they count on.
[57:42.000 --> 57:49.000]  They do that so that it'll be more expensive for you to fight the case than to just pay the fine.
[57:49.000 --> 57:53.000]  Well, they ain't getting a dime out of me.
[57:53.000 --> 58:03.000]  You should bill them for every day you were called to court and they didn't do what they were there to do.
[58:03.000 --> 58:04.000]  Right.
[58:04.000 --> 58:11.000]  This is what they do, they call you to court, they don't tell you why, and then they don't do anything, they send you home, they call you back.
[58:11.000 --> 58:17.000]  They keep calling you back until you find a give up and just make a deal.
[58:17.000 --> 58:24.000]  So every time they call you to court and they didn't tell you why you were there, send them a bill for your time.
[58:24.000 --> 58:34.000]  And when they don't pay the bill, file a report with the credit bureau that will make them nuts.
[58:34.000 --> 58:36.000]  Hang on.
[58:36.000 --> 58:50.000]  Grant Kelton, Brett Fountain, we'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three volume set called basic elements of the Christian life.
[59:18.000 --> 59:28.000]  Chapter by chapter, basic elements of the Christian life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:28.000 --> 59:41.000]  To order your free New Testament recovery version and basic elements of the Christian life, call Bibles for America toll free at 888-551-0102.
[59:41.000 --> 59:52.000]  Or visit us online at bfa.org.
[59:52.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at www.logosradio-network.com.
[01:00:00.000 --> 01:00:06.000]  The following flash is brought to you by the Lone Star Lowdown.
[01:00:06.000 --> 01:00:17.000]  Markets for Monday the 22nd of July 2019, open with precious metals, gold, $1,429 an ounce, silver, $16.45 an ounce, copper, $2.75 an ounce,
[01:00:17.000 --> 01:00:29.000]  oil, Texas crude, $55.63 a barrel, Brent crude, $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core, $10,566.52,
[01:00:29.000 --> 01:00:46.000]  Ethereum, $227.26, XRP, Ripple, $0.33, Litecoin, $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:46.000 --> 01:01:00.000]  Today in History, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and injuring 40.
[01:01:00.000 --> 01:01:05.000]  Today in History.
[01:01:05.000 --> 01:01:17.000]  And recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp into taxes law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges,
[01:01:17.000 --> 01:01:25.000]  and even refusing to file new ones, since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:25.000 --> 01:01:34.000]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:34.000 --> 01:01:48.000]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter that county district attorneys back on Thursday that marijuana has not been decriminalized in Texas, and that these actions demonstrate a misunderstanding of how HB 1325 works,
[01:01:48.000 --> 01:02:02.000]  as well as other cities, too, like the district attorney, in El Paso, Cayma Esparza, a Democrat, who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:02.000 --> 01:02:13.000]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.000 --> 01:02:23.000]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:23.000 --> 01:02:39.000]  The paper by Tulane University identified a 5.5-inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.000 --> 01:02:51.000]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:02:51.000 --> 01:03:01.000]  This was Book Roadie with a lowdown for July 22, 2019.
[01:03:22.000 --> 01:03:29.000]  I will live by my father's house until he returns.
[01:03:29.000 --> 01:03:40.000]  I will live by my father's house until he has left me with the strength and with the hate of my concern.
[01:03:40.000 --> 01:04:05.000]  I will live by my father's house until I return.
[01:04:05.000 --> 01:04:08.000]  Okay, we are back.
[01:04:08.000 --> 01:04:10.000]  This is the rule of law radio.
[01:04:10.000 --> 01:04:11.000]  Randy Kelton.
[01:04:11.000 --> 01:04:15.000]  I'm Brett Fountain, and we are talking to Bill in Texas.
[01:04:15.000 --> 01:04:18.000]  Bill?
[01:04:18.000 --> 01:04:20.000]  Randy, can you unmute him?
[01:04:20.000 --> 01:04:22.000]  I'm working on it.
[01:04:22.000 --> 01:04:23.000]  Got it.
[01:04:23.000 --> 01:04:24.000]  Okay.
[01:04:24.000 --> 01:04:26.000]  All right.
[01:04:26.000 --> 01:04:27.000]  Go ahead, Bill.
[01:04:27.000 --> 01:04:28.000]  All right, Bill.
[01:04:28.000 --> 01:04:31.000]  Hey, I had another one, too.
[01:04:31.000 --> 01:04:34.000]  This was kind of a good one.
[01:04:34.000 --> 01:04:49.000]  I had gotten a driver's license in Louisiana, and anyway, when I was living there, I had to pay in for their little state income tax payment.
[01:04:49.000 --> 01:04:53.000]  Well, then I filed, I caught up on my taxes with the IRS.
[01:04:53.000 --> 01:05:03.000]  Well, I guess that flagged something in their system, and they wanted transcripts or something for my taxes for years that I didn't live.
[01:05:03.000 --> 01:05:05.000]  I didn't live in Louisiana.
[01:05:05.000 --> 01:05:11.000]  It was like three years, and I'm like, well, I don't have to worry about that.
[01:05:11.000 --> 01:05:13.000]  Well, come find out.
[01:05:13.000 --> 01:05:19.000]  They ended up suspended my license for these years that I didn't live in Louisiana.
[01:05:19.000 --> 01:05:22.000]  And anyhow, yeah.
[01:05:22.000 --> 01:05:28.000]  So I called up there while I checked on this, like, little Texas GPS thing, and it was suspended.
[01:05:28.000 --> 01:05:33.000]  And it said, like, something like tax issue or something from Louisiana, I don't remember what it was.
[01:05:33.000 --> 01:05:50.000]  So I called Louisiana, all this whole big thing, and I called up to Louisiana little tax office, and they said, yeah, well, you got to send us a copy of your W2s from those years.
[01:05:50.000 --> 01:05:52.000]  And I'm like, well, I didn't live there.
[01:05:52.000 --> 01:05:54.000]  And they said, well, that's up to you to prove it.
[01:05:54.000 --> 01:06:00.000]  And I'm like, well, I don't make any sense, you know, burden to prove.
[01:06:00.000 --> 01:06:03.000]  I guess that's only accused now.
[01:06:03.000 --> 01:06:14.000]  Well, anyhow, they want, so I said, well, I have transcripts from the IRS and anyhow, so I send them those transcripts in for the IRS.
[01:06:14.000 --> 01:06:18.000]  It shows all my wages and all the tax data and all that.
[01:06:18.000 --> 01:06:21.000]  They send a letter back and they say, no, we don't want that.
[01:06:21.000 --> 01:06:30.000]  We want the W2, little square W2 form that you get from Social Security Administration.
[01:06:30.000 --> 01:06:31.000]  I said, well, what is the difference?
[01:06:31.000 --> 01:06:33.000]  There's no difference at all.
[01:06:33.000 --> 01:06:35.000]  Well, that's just what we want.
[01:06:35.000 --> 01:06:37.000]  I'm thinking, okay, whatever.
[01:06:37.000 --> 01:06:39.000]  So they refer me.
[01:06:39.000 --> 01:06:44.000]  They said, until you send that into us, you need to call this number and pay these people.
[01:06:44.000 --> 01:06:52.000]  And it's some kind of credit place in California or something.
[01:06:52.000 --> 01:06:57.000]  Oh my gosh, okay, well, call them up, pay them some money.
[01:06:57.000 --> 01:07:03.000]  And then they wanted me to sign up for some kind of reoccurring payments and I didn't do that.
[01:07:03.000 --> 01:07:10.000]  So I paid them money and I got my license, you know, back and whatnot and then didn't pay him.
[01:07:10.000 --> 01:07:14.000]  And now I'm suspended again, I think I'm not sure I have to go check.
[01:07:14.000 --> 01:07:21.000]  But I'm just wondering, you know, how that's kind of strange that all that, you know, how that works.
[01:07:21.000 --> 01:07:25.000]  And what would you say about that?
[01:07:25.000 --> 01:07:33.000]  They're suspending your license for a non-traffic offense.
[01:07:33.000 --> 01:07:37.000]  Wait a minute, are you a commercial truck driver?
[01:07:37.000 --> 01:07:39.000]  Well, of course not.
[01:07:39.000 --> 01:07:40.000]  No.
[01:07:40.000 --> 01:07:52.000]  Then I think you should file criminal charges against the head of Highway of Trouble.
[01:07:52.000 --> 01:07:55.000]  Awesome.
[01:07:55.000 --> 01:07:58.000]  Texas or Louisiana or all of them?
[01:07:58.000 --> 01:08:02.000]  The one that sounds like Louisiana.
[01:08:02.000 --> 01:08:10.000]  Are they the ones, whoever's asking you for these documents and who are suspending your license?
[01:08:10.000 --> 01:08:13.000]  They're reporting it, yeah.
[01:08:13.000 --> 01:08:18.000]  How are they, they're requesting a W-2.
[01:08:18.000 --> 01:08:25.000]  That's really strange because it's, that's a federal thing.
[01:08:25.000 --> 01:08:38.000]  How do they have business, your cause to demand to know your private financial history?
[01:08:38.000 --> 01:08:41.000]  Well, they probably don't.
[01:08:41.000 --> 01:08:46.000]  But I'm saying, well, Louisiana has state income tax.
[01:08:46.000 --> 01:08:58.000]  I guess people don't pay it and then they suspend their licenses and then they try to get money out of you.
[01:08:58.000 --> 01:09:07.000]  But my thing was that when I filed, yeah, that's what's crazy is that I filed a federal,
[01:09:07.000 --> 01:09:13.000]  I filed like four years of federal returns in Louisiana.
[01:09:13.000 --> 01:09:15.000]  I got caught up on my taxes.
[01:09:15.000 --> 01:09:22.000]  Like they ended up paying me, I always filed a single or whatnot, so I ended up getting a pretty good amount of money back.
[01:09:22.000 --> 01:09:36.000]  But how they got a hold of that information, I don't understand through the IRS or whatever.
[01:09:36.000 --> 01:09:42.000]  I don't know how it flagged that, but they didn't ask.
[01:09:42.000 --> 01:09:50.000]  They asked about years that I'd worked in Texas and I never lived in Louisiana.
[01:09:50.000 --> 01:10:00.000]  This is like, I think 2012 to 2015 or something, they wanted these W-2s.
[01:10:00.000 --> 01:10:08.000]  And, you know, I'm thinking, I don't need to give you all that, you know, I didn't live there.
[01:10:08.000 --> 01:10:17.000]  How bad do you want to fight this? I mean, is this something you're doing for yucks?
[01:10:17.000 --> 01:10:24.000]  Or do you want to practice taking them on?
[01:10:24.000 --> 01:10:28.000]  Well, if that's what you want to do, sue them.
[01:10:28.000 --> 01:10:32.000]  Yeah, that'd be great.
[01:10:32.000 --> 01:10:37.000]  And you could sue them in a small claims court.
[01:10:37.000 --> 01:10:38.000]  Right.
[01:10:38.000 --> 01:10:45.000]  It doesn't cost you hardly anything. It'll cost them a fortune because if you're using our techniques,
[01:10:45.000 --> 01:10:52.000]  every time a lawyer files a document, you are grieving them into the stone age.
[01:10:52.000 --> 01:10:56.000]  You hear that evil laugh in the background.
[01:10:56.000 --> 01:11:04.000]  These guys haven't lived until they've been to court with one of us.
[01:11:04.000 --> 01:11:06.000]  Surprise, surprise.
[01:11:06.000 --> 01:11:11.000]  It's just, I mean, how far do I want to go with this?
[01:11:11.000 --> 01:11:20.000]  Well, I want to go as far as someone who hasn't done anything wrong trying to, you know, right, get this stuff right.
[01:11:20.000 --> 01:11:29.000]  That's what gets me is that the whole purpose of me getting into this stuff is it prepares you for when something serious happens.
[01:11:29.000 --> 01:11:30.000]  And if I would have known...
[01:11:30.000 --> 01:11:34.000]  That's perfect.
[01:11:34.000 --> 01:11:43.000]  If I would have known what I know now, in the past, when things had occurred in my life, I would never have to work again
[01:11:43.000 --> 01:11:45.000]  because I'd have sued someone into the stone age.
[01:11:45.000 --> 01:11:52.000]  I'd never have to work another day in my life if I would have come across y'all ten years ago or whenever.
[01:11:52.000 --> 01:11:55.000]  Well, set these guys up so you could sue them.
[01:11:55.000 --> 01:11:58.000]  That's what I'd love to do.
[01:11:58.000 --> 01:12:01.000]  They will most likely accommodate you.
[01:12:01.000 --> 01:12:06.000]  Yeah, you got to give them credit. They are very accommodating in that regard.
[01:12:06.000 --> 01:12:08.000]  Read the code.
[01:12:08.000 --> 01:12:12.000]  And it doesn't necessarily have to be the driver's license.
[01:12:12.000 --> 01:12:14.000]  I mean, the license issue.
[01:12:14.000 --> 01:12:15.000]  Open records.
[01:12:15.000 --> 01:12:18.000]  I always screw up open records.
[01:12:18.000 --> 01:12:23.000]  Send them a request for records they're not going to want to give you.
[01:12:23.000 --> 01:12:25.000]  Yeah.
[01:12:25.000 --> 01:12:36.000]  Payment records. You want to see all of the records of all of the monies those guys have received in the last three years.
[01:12:36.000 --> 01:12:41.000]  They're really not going to want you to see that.
[01:12:41.000 --> 01:12:46.000]  But what the government pays out is open records.
[01:12:46.000 --> 01:12:52.000]  So get them not to send it.
[01:12:52.000 --> 01:13:00.000]  Or ask something in a way that like one of them sent me an invoice that was illegal.
[01:13:00.000 --> 01:13:12.000]  They asked I asked for docket sheets and they sent me an invoice said we've we've located these nine docket sheets in this that are responsive to your request.
[01:13:12.000 --> 01:13:16.000]  And it's going to cost you 30 bucks.
[01:13:16.000 --> 01:13:30.000]  I said, I sent them another records request. I said, I want to see all the records that you have show your authority to collect 30 bucks for that other request.
[01:13:30.000 --> 01:13:32.000]  And they didn't have any base.
[01:13:32.000 --> 01:13:36.000]  They cited Texas administrative code section 70.3.
[01:13:36.000 --> 01:13:48.000]  Well, I looked at it and it specifically prohibits them from charging exactly what they charged.
[01:13:48.000 --> 01:14:02.000]  So I sent them another records request and I said, I want the last 23 invoices that you have charged people for for this kind of thing, not including mine.
[01:14:02.000 --> 01:14:13.000]  I want to see those invoices and you know, none of that's making it very comfortable for them.
[01:14:13.000 --> 01:14:19.000]  But yeah, they will very quickly accommodate you if you're looking for some way for them to screw up.
[01:14:19.000 --> 01:14:24.000]  They they they really they will.
[01:14:24.000 --> 01:14:34.000]  And question bill, how much is your time worth per hour?
[01:14:34.000 --> 01:14:40.000]  I mean, not as much as I'd like it to be.
[01:14:40.000 --> 01:14:44.000]  No, no, when you when you're building your time to them.
[01:14:44.000 --> 01:14:48.000]  It's whatever you like them to like it to be.
[01:14:48.000 --> 01:14:51.000]  I mean, I'd be reasonable.
[01:14:51.000 --> 01:14:59.000]  Oh, no, no, no, that is not acceptable behavior.
[01:14:59.000 --> 01:15:03.000]  You don't fix the system being reasonable.
[01:15:03.000 --> 01:15:08.000]  You fix the system being a Ken from New York.
[01:15:08.000 --> 01:15:17.000]  Crotchety old buzzard don't take any crapola from anybody and forces them to do it right here.
[01:15:17.000 --> 01:15:25.000]  The most fun thing I've ever done was set them up.
[01:15:25.000 --> 01:15:30.000]  You set them up and in a way they know you set them up.
[01:15:30.000 --> 01:15:44.000]  I had one clerk accuse me of putting in information requests in a way so that they would wind up not answering them correctly.
[01:15:44.000 --> 01:15:49.000]  I said, oh, I feel disparaged. You're going to hurt my feelings.
[01:15:49.000 --> 01:15:53.000]  So yeah, that's exactly what I was doing.
[01:15:53.000 --> 01:15:57.000]  You weren't supposed to catch that part.
[01:15:57.000 --> 01:16:00.000]  But they didn't answer me anyway.
[01:16:00.000 --> 01:16:10.000]  So I'm leaning toward it's time we start suing them, not because we think we'll win in the court,
[01:16:10.000 --> 01:16:20.000]  but to beat them up enough that we can then ask the court to order mediation and give them opportunities to come to the table.
[01:16:20.000 --> 01:16:30.000]  And suing cities and such public employees, they have an insurance company that's insuring them and they'll come to the table and make a deal
[01:16:30.000 --> 01:16:37.000]  because they don't want to have to pay all the legal fees, even if the party themselves don't want to make a deal.
[01:16:37.000 --> 01:16:41.000]  So we need to start playing with the insurance companies.
[01:16:41.000 --> 01:16:45.000]  And bottom line, maybe they'll change their behavior.
[01:16:45.000 --> 01:16:47.000]  Start following the law.
[01:16:47.000 --> 01:16:48.000]  That's it.
[01:16:48.000 --> 01:16:52.000]  At the end of the day, the money's what's going to get them to do it.
[01:16:52.000 --> 01:16:58.000]  Hang on, Randy Kelton, Brent Fountain, we'll be right back.
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[01:19:13.000 --> 01:19:15.000]  Oh, come on.
[01:19:15.000 --> 01:19:19.000]  Okay, we are back.
[01:19:19.000 --> 01:19:22.000]  Randy Kelton, Brett Fountain, Rue La Radio.
[01:19:22.000 --> 01:19:27.000]  We're talking to Bill in Texas, or Ace Bill in Louisiana now.
[01:19:27.000 --> 01:19:31.000]  But she just want to take them on.
[01:19:31.000 --> 01:19:40.000]  How do you set them up so you can file the best suit against them?
[01:19:40.000 --> 01:19:52.000]  Even if they have the law on their side, as far as this driver's license issue, have
[01:19:52.000 --> 01:19:56.000]  you read their code concerning these issues?
[01:19:56.000 --> 01:19:57.000]  Yes.
[01:19:57.000 --> 01:20:02.000]  It said they wrote in there that the burden of proof was on the accused.
[01:20:02.000 --> 01:20:04.000]  What?
[01:20:04.000 --> 01:20:07.000]  Oh, great.
[01:20:07.000 --> 01:20:09.000]  Constitutional challenge.
[01:20:09.000 --> 01:20:14.000]  Then you can immediately raise it to constitutionality.
[01:20:14.000 --> 01:20:15.000]  Right.
[01:20:15.000 --> 01:20:21.000]  They wrote a statute in specifically for this whole little operation that they're doing.
[01:20:21.000 --> 01:20:23.000]  Because I brought that up.
[01:20:23.000 --> 01:20:27.000]  I said, well, I told them I was talking to people on the phone.
[01:20:27.000 --> 01:20:31.000]  And, well, before I called, I looked it up, and that's what it said, that they didn't
[01:20:31.000 --> 01:20:34.000]  have to, you know, the burden of proof was on them.
[01:20:34.000 --> 01:20:39.000]  And I said, well, why don't you all, you know, send the letters out to the entire United
[01:20:39.000 --> 01:20:44.000]  States about that tax from Louisiana?
[01:20:44.000 --> 01:20:49.000]  You could, oh, wait a minute.
[01:20:49.000 --> 01:20:53.000]  Diversity of jurisdiction.
[01:20:53.000 --> 01:20:55.000]  Question.
[01:20:55.000 --> 01:20:58.000]  You're in Louisiana now.
[01:20:58.000 --> 01:20:59.000]  No.
[01:20:59.000 --> 01:21:09.000]  Louisiana is asking you about things that have to do with taxes.
[01:21:09.000 --> 01:21:18.000]  So, right, the federal court, except that costs 400 bucks to five.
[01:21:18.000 --> 01:21:22.000]  But it would make them nuts.
[01:21:22.000 --> 01:21:31.000]  I mean, to me, like I said, I haven't done, I paid, when I was there, I paid my little
[01:21:31.000 --> 01:21:33.000]  taxes and all that stuff.
[01:21:33.000 --> 01:21:37.000]  I did what I was supposed to do.
[01:21:37.000 --> 01:21:42.000]  And then when I, then afterwards, they're going and they're asking about all these other
[01:21:42.000 --> 01:21:44.000]  years that I was living in Texas working.
[01:21:44.000 --> 01:21:51.000]  They want to know, they want their money from them for all of that.
[01:21:51.000 --> 01:21:52.000]  You're in Texas now.
[01:21:52.000 --> 01:21:54.000]  You're not in Louisiana, right?
[01:21:54.000 --> 01:21:55.000]  Right.
[01:21:55.000 --> 01:21:56.000]  Yeah.
[01:21:56.000 --> 01:22:02.000]  But you were for a brief time in Louisiana and they're trying to stretch that out to
[01:22:02.000 --> 01:22:07.000]  all this time that you weren't in Louisiana and they're trying to collect state taxes
[01:22:07.000 --> 01:22:11.000]  for the time that you weren't even there.
[01:22:11.000 --> 01:22:12.000]  Right.
[01:22:12.000 --> 01:22:13.000]  Got it.
[01:22:13.000 --> 01:22:17.000]  That makes it diversity of jurisdiction.
[01:22:17.000 --> 01:22:28.000]  You could get this in the federal court in Texas and drag them to Texas.
[01:22:28.000 --> 01:22:30.000]  What part of Texas are you?
[01:22:30.000 --> 01:22:32.000]  Are you in a part of H3O?
[01:22:32.000 --> 01:22:34.000]  I don't know where that's at.
[01:22:34.000 --> 01:22:38.000]  But it's not 903, so are you close to Louisiana?
[01:22:38.000 --> 01:22:39.000]  No.
[01:22:39.000 --> 01:22:41.000]  Oh, good.
[01:22:41.000 --> 01:22:43.000]  Well, yeah.
[01:22:43.000 --> 01:22:47.000]  Six hours.
[01:22:47.000 --> 01:22:55.000]  So you go down and file in the federal court and they're going to have to hire a federal
[01:22:55.000 --> 01:23:02.000]  lawyer and send him to Texas every time you have a hearing.
[01:23:02.000 --> 01:23:03.000]  Right.
[01:23:03.000 --> 01:23:08.000]  You set a hearing for everything.
[01:23:08.000 --> 01:23:14.000]  And normally I suggest that people in federal court object to oral argument.
[01:23:14.000 --> 01:23:25.000]  But here you should absolutely insist on oral argument and object to a phone hearing.
[01:23:25.000 --> 01:23:29.000]  That way they'll have to send their lawyer physically.
[01:23:29.000 --> 01:23:37.000]  Yeah, he can't just sit on the phone somewhere and blah, blah, blah.
[01:23:37.000 --> 01:23:47.000]  Yeah, it's pretty strange and I'd be willing to do all that.
[01:23:47.000 --> 01:23:56.000]  I bought a bunch of O'Connor's guide to litigation and stuff and I have the resources to kind
[01:23:56.000 --> 01:24:05.000]  of sort of study and hope on federal rules or just federal courts and how to kind of
[01:24:05.000 --> 01:24:07.000]  do what you might do.
[01:24:07.000 --> 01:24:11.000]  And I'm thinking, soon the federal court's about 400 bucks now.
[01:24:11.000 --> 01:24:31.000]  So what if you sue them in the JP court for 10 grand and make federal claims?
[01:24:31.000 --> 01:24:36.000]  The first thing they'll do is remove it to the federal court and they'll try to remove
[01:24:36.000 --> 01:24:39.000]  it to a federal court in Louisiana.
[01:24:39.000 --> 01:24:47.000]  And since you're the plaintiff, you file a venue non-convenience.
[01:24:47.000 --> 01:25:00.000]  That means non-convenient venue and move the court to move it back to Texas.
[01:25:00.000 --> 01:25:01.000]  Yeah.
[01:25:01.000 --> 01:25:12.000]  And then every time the other side files a document, you file a bargain.
[01:25:12.000 --> 01:25:15.000]  Oh, man.
[01:25:15.000 --> 01:25:18.000]  Look at the arguments they make.
[01:25:18.000 --> 01:25:26.000]  Every time they make an argument based on case law, they almost never get the case law right.
[01:25:26.000 --> 01:25:33.000]  You know, Brett and I, we do a little research and I'm always amazed when I read the cases,
[01:25:33.000 --> 01:25:38.000]  the other side is citing.
[01:25:38.000 --> 01:25:42.000]  They almost never cite them correctly.
[01:25:42.000 --> 01:25:43.000]  A bendrum.
[01:25:43.000 --> 01:25:46.000]  A bendrum is taken on the IRS.
[01:25:46.000 --> 01:25:49.000]  He was trying to get rid of two IRS liens.
[01:25:49.000 --> 01:25:57.000]  And the IRS lawyers filed a document with two cases cited in it.
[01:25:57.000 --> 01:26:01.000]  And they were really damning to his position.
[01:26:01.000 --> 01:26:08.000]  And he was all distraught and I said, Ben, did you read their cases?
[01:26:08.000 --> 01:26:09.000]  He said, no.
[01:26:09.000 --> 01:26:11.000]  I said, go read them.
[01:26:11.000 --> 01:26:12.000]  He called me back laughing.
[01:26:12.000 --> 01:26:16.000]  He said, you are not going to believe this.
[01:26:16.000 --> 01:26:20.000]  The two citations these lawyers used.
[01:26:20.000 --> 01:26:27.000]  And both of them, the court said, this is the way we used to rule.
[01:26:27.000 --> 01:26:29.000]  But we don't rule that way anymore.
[01:26:29.000 --> 01:26:32.000]  The next paragraph was how they ruled.
[01:26:32.000 --> 01:26:39.000]  Well, these guys did a keyword search for what they wanted to find and they found it.
[01:26:39.000 --> 01:26:42.000]  But they didn't read the rest of it.
[01:26:42.000 --> 01:26:48.000]  He went into court and the judge was so furious that he threw out two IRS liens.
[01:26:48.000 --> 01:26:51.000]  And that almost never happens.
[01:26:51.000 --> 01:26:55.000]  They appealed it to the next court and the next court put him back.
[01:26:55.000 --> 01:26:58.000]  And this judge apparently knew they would do that.
[01:26:58.000 --> 01:27:04.000]  But he was cutting a button off their shirt to quote Harmon Taylor.
[01:27:04.000 --> 01:27:07.000]  He got to use their own cases against them.
[01:27:07.000 --> 01:27:19.000]  So if you read their case and you don't believe they properly presented the conclusions in the case, then barge them for that.
[01:27:19.000 --> 01:27:22.000]  That don't really make them crazy.
[01:27:22.000 --> 01:27:27.000]  That's the worst thing a lawyer can do is miss something.
[01:27:27.000 --> 01:27:32.000]  The second worst thing he can do is miss a case.
[01:27:32.000 --> 01:27:35.000]  That would get him sanctioned really fast.
[01:27:35.000 --> 01:27:37.000]  So that's lying to the judge.
[01:27:37.000 --> 01:27:38.000]  How's that go over?
[01:27:38.000 --> 01:27:41.000]  They get away with it that whole time.
[01:27:41.000 --> 01:27:46.000]  But being doing something deliberately, that's one thing.
[01:27:46.000 --> 01:27:53.000]  But doing something cost your ignorant, the lawyers aren't to and judges aren't to tolerant of that.
[01:27:53.000 --> 01:27:59.000]  But they're pretty tolerant about them lying like dogs.
[01:27:59.000 --> 01:28:00.000]  But it doesn't matter.
[01:28:00.000 --> 01:28:03.000]  It's a file of your bar grievance against them.
[01:28:03.000 --> 01:28:06.000]  It's a sting of many ways.
[01:28:06.000 --> 01:28:12.000]  In criminals, you could start the whole criminal routine on these guys.
[01:28:12.000 --> 01:28:15.000]  That's easy.
[01:28:15.000 --> 01:28:18.000]  How big a fight you want to have, Bill?
[01:28:18.000 --> 01:28:21.000]  Well, I'll put it.
[01:28:21.000 --> 01:28:32.000]  Well, I look at it like this, that in order to get all the transcripts that they want, it's going to end up costing me probably about 300 and something dollars
[01:28:32.000 --> 01:28:35.000]  to get all the transcripts from Social Security.
[01:28:35.000 --> 01:28:39.000]  So what's an extra 50 bucks and go into federal court?
[01:28:39.000 --> 01:28:44.000]  You know, if you're already going to have to pay, you know, 300 dollars for it.
[01:28:44.000 --> 01:28:55.000]  And I mean, the thing is, I mean, as far as the facts, the facts are kind of, I would say in my favor, not that that really matters.
[01:28:55.000 --> 01:29:13.000]  But the deal is that they're trying to, they're suspended my license for something that is completely just, it makes no sense.
[01:29:13.000 --> 01:29:16.000]  It doesn't, they don't really have a leg to stand on.
[01:29:16.000 --> 01:29:21.000]  Is your license a Louisiana license or Texas?
[01:29:21.000 --> 01:29:26.000]  Well, yeah, it's a Louisiana license.
[01:29:26.000 --> 01:29:35.000]  But the thing is that in order for me to get it transferred to Texas, I have to pay or I have to...
[01:29:35.000 --> 01:29:38.000]  Under reciprocity.
[01:29:38.000 --> 01:29:44.000]  It can't be suspended in one or they won't treat it, they won't let him have it in the other.
[01:29:44.000 --> 01:29:53.000]  That makes minimum context, that makes it diversity jurisdiction right there.
[01:29:53.000 --> 01:29:55.000]  So you get to drag them into the federal court.
[01:29:55.000 --> 01:30:02.000]  If you file, hang on, we'll be right back.
[01:30:02.000 --> 01:30:06.000]  Could your pharmacy release your prescription information to marketers?
[01:30:06.000 --> 01:30:09.000]  Believe it or not, it's not only possible, it's probably been done.
[01:30:09.000 --> 01:30:16.000]  Under Catherine Albrecht and I'll be back with loopholes that make it legal for companies like CVS to share your personal health information.
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack.
[01:30:18.000 --> 01:30:22.000]  When you give up data about yourself, you'll never get it back again.
[01:30:22.000 --> 01:30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.000 --> 01:30:32.000]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.000 --> 01:30:34.000]  Privacy, it's worth hanging on to.
[01:30:34.000 --> 01:30:42.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing.
[01:30:42.000 --> 01:30:45.000]  Start over with StartPage.
[01:30:45.000 --> 01:30:50.000]  Your pharmacy may be sharing your medical information without your knowledge or consent.
[01:30:50.000 --> 01:30:56.000]  For example, CVS pharmacies are likely to disclose your personal health information to business associates.
[01:30:56.000 --> 01:31:01.000]  A loophole in the law allows it if parties agree to execute a contract to quote, safeguard the data.
[01:31:01.000 --> 01:31:05.000]  Business associates could range from marketers to insurance companies.
[01:31:05.000 --> 01:31:09.000]  And while they might keep information locked up, there's no telling how it might come back to bite you.
[01:31:09.000 --> 01:31:16.000]  Ask your pharmacy to disclose how it shared your previous data and request in writing that it not be sold, rented or shared.
[01:31:16.000 --> 01:31:21.000]  And most importantly, take your future prescriptions to establishments that guarantee real privacy.
[01:31:21.000 --> 01:31:26.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:26.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:49.000]  And thousands of my fellow force responders have died.
[01:31:49.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm a father who lost his son.
[01:31:55.000 --> 01:31:56.000]  We are Americans.
[01:31:56.000 --> 01:31:58.000]  And we deserve the truth.
[01:31:58.000 --> 01:32:26.000]  Go to RememberBuilding7.org today.
[01:32:28.000 --> 01:32:57.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:32:57.000 --> 01:33:26.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:33:26.000 --> 01:33:55.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:33:55.000 --> 01:34:24.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:34:24.000 --> 01:34:32.000]  So with that said, you have something that may work out pretty cool.
[01:34:32.000 --> 01:34:40.000]  If you file a federal suit, the opposition is going to file a Rule 12 motion to dismiss,
[01:34:40.000 --> 01:34:46.000]  a motion to dismiss a favored state of claim under Rule 12B6.
[01:34:46.000 --> 01:34:52.000]  And the judge will dismiss your claim out of hand.
[01:34:52.000 --> 01:35:01.000]  However, if you file a petition for declaratory judgment, that's a whole other animal.
[01:35:01.000 --> 01:35:13.000]  You file a petition asking the court to rule that the state of Louisiana has no standing
[01:35:13.000 --> 01:35:21.000]  to demand records of your income from the state of Texas.
[01:35:21.000 --> 01:35:27.000]  A petition for declaratory judgment has no claims.
[01:35:27.000 --> 01:35:32.000]  You're merely asking the judge to rule on the rights of the parties.
[01:35:32.000 --> 01:35:40.000]  To settle uncertainty and insecurity about your status or your rights.
[01:35:40.000 --> 01:35:41.000]  Wait, say that again?
[01:35:41.000 --> 01:35:49.000]  To make a declaration to settle any uncertainty or insecurity about your status or your rights.
[01:35:49.000 --> 01:35:56.000]  You're asking them to declare something, not to give you relief or remedy and some damages or something.
[01:35:56.000 --> 01:35:58.000]  You're asking them to make a declaration.
[01:35:58.000 --> 01:35:59.000]  Exactly.
[01:35:59.000 --> 01:36:02.000]  There are no claims.
[01:36:02.000 --> 01:36:05.000]  So Rule 12B6 does not apply.
[01:36:05.000 --> 01:36:14.000]  Rule 12B6 asks the court to dismiss the case for failure to state a claim on which recovery can be had.
[01:36:14.000 --> 01:36:20.000]  I found one in the district court, federal district court in Fort Worth.
[01:36:20.000 --> 01:36:25.000]  Judge McBride, he's a real stinker.
[01:36:25.000 --> 01:36:33.000]  The Wells Fargo filed a motion to dismiss for failure to state a claim.
[01:36:33.000 --> 01:36:42.000]  And in that motion, they said the judge should also dismiss the case because Wells Fargo was not the lender.
[01:36:42.000 --> 01:36:44.000]  Well, that was true.
[01:36:44.000 --> 01:36:45.000]  They weren't the lender.
[01:36:45.000 --> 01:36:47.000]  This was a mortgage issue.
[01:36:47.000 --> 01:36:52.000]  But they were the servicer that made them the agent for the lender.
[01:36:52.000 --> 01:36:56.000]  So they stood in the lender's shoes.
[01:36:56.000 --> 01:36:59.000]  The lawyer screwed up.
[01:36:59.000 --> 01:37:02.000]  So what do you do when the lawyer screws up?
[01:37:02.000 --> 01:37:05.000]  Well, you're running their non-suit immediately.
[01:37:05.000 --> 01:37:09.000]  Oh my goodness, my bad.
[01:37:09.000 --> 01:37:13.000]  I thought Wells Fargo was the agent for the lender.
[01:37:13.000 --> 01:37:18.000]  But since they're not, I sued the long party, therefore, on non-suit.
[01:37:18.000 --> 01:37:27.000]  For a new non-suit based on their declaration, true or untrue is irrelevant.
[01:37:27.000 --> 01:37:31.000]  They can never change that claim.
[01:37:31.000 --> 01:37:39.000]  Once they said they were not the lender, they are subject to collateral estoppel.
[01:37:39.000 --> 01:37:46.000]  They're estopped in a collateral issue from making an opposing claim.
[01:37:46.000 --> 01:37:52.000]  So they can't say, in a different issue, we are the lender, and in this case, they were not the lender.
[01:37:52.000 --> 01:37:54.000]  So I ran down a non-suit.
[01:37:54.000 --> 01:38:03.000]  The same day I non-suited Judge McBride dismissed the case with prejudice for failure state of claim on which cover could be had.
[01:38:03.000 --> 01:38:06.000]  That was because I was a pro-say.
[01:38:06.000 --> 01:38:08.000]  So he hated pro-says.
[01:38:08.000 --> 01:38:10.000]  He didn't care what we filed.
[01:38:10.000 --> 01:38:14.000]  Well, he didn't see this part coming.
[01:38:14.000 --> 01:38:23.000]  I went straight to the special agent in charge of the FBI and charged him with official misconduct.
[01:38:23.000 --> 01:38:28.000]  Oh, that was so much fun.
[01:38:28.000 --> 01:38:33.000]  What you will find, Bill, when you file a petition for declaratory judgment.
[01:38:33.000 --> 01:38:38.000]  So far, I found no lawyers who know what it is.
[01:38:38.000 --> 01:38:50.000]  Tina calls in all the time, and she was – we talked to her, and I suggested that she filed a petition for declaratory judgment, but I told her, if you file that,
[01:38:50.000 --> 01:38:57.000]  the lawyer on the other side is not going to understand what it is, and that's exactly what happened.
[01:38:57.000 --> 01:39:04.000]  Filed a motion to dismiss for failure state of claim, and he's still trying to dismiss for failure state of claim,
[01:39:04.000 --> 01:39:09.000]  and she's pled to the court that this is a declaratory judgment.
[01:39:09.000 --> 01:39:19.000]  There are no claims, and the lawyer simply cannot stop arguing claims.
[01:39:19.000 --> 01:39:25.000]  If you file against these guys, the declaratory judgment suit, you'll get the same thing.
[01:39:25.000 --> 01:39:35.000]  If the other side files a motion, a petition for declaratory – I mean, a motion to dismiss for failure state of claim,
[01:39:35.000 --> 01:39:41.000]  then you file a motion for summary judgment.
[01:39:41.000 --> 01:39:56.000]  If they don't address the issue, the question that you bring, but instead file a response that is a motion to dismiss for failure state of claim,
[01:39:56.000 --> 01:40:04.000]  the motion itself is frivolous and irrelevant.
[01:40:04.000 --> 01:40:09.000]  Now, if they file a rule 12 motion, that stops the clock.
[01:40:09.000 --> 01:40:19.000]  So when you file a claim, when you file a petition, the opposing party has the Monday after the 20th day in which to file,
[01:40:19.000 --> 01:40:27.000]  unless you file a rule 12 b6 motion to dismiss for failure state of claim.
[01:40:27.000 --> 01:40:35.000]  But in a declaratory judgment suit, there are no claims, so such a motion would be frivolous.
[01:40:35.000 --> 01:40:45.000]  If they file that, then you go in and move for summary judgment because their answer is nonresponsive.
[01:40:45.000 --> 01:40:57.000]  And since there are no claims, a motion to dismiss for failure state of claim should not stop the clock.
[01:40:57.000 --> 01:41:02.000]  So they didn't get their answer in in time. Does that make sense, Bill?
[01:41:02.000 --> 01:41:05.000]  Yeah, yeah.
[01:41:05.000 --> 01:41:09.000]  Kind of all these fun things we can do to them.
[01:41:09.000 --> 01:41:17.000]  And then when they file a motion to dismiss for failure state of claim in a declaratory judgment suit, then you bar grieve them.
[01:41:17.000 --> 01:41:22.000]  You countersue for malpractice.
[01:41:22.000 --> 01:41:27.000]  You can just do all kind of rotten stuff.
[01:41:27.000 --> 01:41:34.000]  Yeah, well, it looks like, yeah, well, that's what I'm going to look into.
[01:41:34.000 --> 01:41:35.000]  I'm going to look into it.
[01:41:35.000 --> 01:41:36.000]  Okay, look into it.
[01:41:36.000 --> 01:41:37.000]  Call in the show.
[01:41:37.000 --> 01:41:40.000]  We'll help you all we can.
[01:41:40.000 --> 01:41:41.000]  Awesome. Awesome.
[01:41:41.000 --> 01:41:43.000]  Well, thanks for your time.
[01:41:43.000 --> 01:41:44.000]  You are welcome.
[01:41:44.000 --> 01:41:47.000]  Now we're going to go back to Charles and Georgia.
[01:41:47.000 --> 01:41:57.000]  Charles, are you back with us or do you fall asleep?
[01:41:57.000 --> 01:41:59.000]  I have that effect on people.
[01:41:59.000 --> 01:42:02.000]  I tend to put them asleep.
[01:42:02.000 --> 01:42:09.000]  Well, we've got one more segment and no more callers.
[01:42:09.000 --> 01:42:22.000]  There are some things that I've been wanting to talk about but didn't have it gotten to and problem is it's only got one segment.
[01:42:22.000 --> 01:42:30.000]  But we'll go back and talk about the SEC issue that I'm working on right now.
[01:42:30.000 --> 01:42:33.000]  I'm working on a, we've got a plan.
[01:42:33.000 --> 01:42:35.000]  You've got to have a plan.
[01:42:35.000 --> 01:42:46.000]  We have this SEC questionnaire and we're promoting it to people with ideas, you know, and it's like me.
[01:42:46.000 --> 01:42:56.000]  I got this idea and it's one thing to have an idea and it's a whole other thing to go from that idea to something real.
[01:42:56.000 --> 01:43:00.000]  It takes a lot of time, a lot of effort, a lot of money.
[01:43:00.000 --> 01:43:05.000]  I have the legal earth.
[01:43:05.000 --> 01:43:08.000]  We've been working on it for 12 years or so.
[01:43:08.000 --> 01:43:15.000]  Calculate a little over 500,000 invested in it.
[01:43:15.000 --> 01:43:17.000]  How much money?
[01:43:17.000 --> 01:43:20.000]  And this happens to a lot of guys who develop these things.
[01:43:20.000 --> 01:43:22.000]  We get focused on what we're building.
[01:43:22.000 --> 01:43:25.000]  But the time we get it built, we don't have any money.
[01:43:25.000 --> 01:43:30.000]  And we go to these guys and say, we want to do a crowdfunding sale. That's pretty simple.
[01:43:30.000 --> 01:43:34.000]  And they say, yeah, yeah, you got to have 15 grand and we'll do a crowdfunding sale for you.
[01:43:34.000 --> 01:43:36.000]  We'll have 15 grand.
[01:43:36.000 --> 01:43:40.000]  I used up all my money, put the whole thing together.
[01:43:40.000 --> 01:43:46.000]  So I got a plan and I'll go into that when we come back on the other side.
[01:43:46.000 --> 01:43:51.000]  This is Randy Kelton, Brett Fountain, Wheel of Law Radio.
[01:43:51.000 --> 01:44:01.000]  In the last segment, I'm not going to give out the calling number. We'll be right back.
[01:44:01.000 --> 01:44:07.000]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[01:44:07.000 --> 01:44:10.000]  People feed their pets better than they feed themselves.
[01:44:10.000 --> 01:44:12.000]  And it's time we changed all that.
[01:44:12.000 --> 01:44:18.000]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[01:44:18.000 --> 01:44:22.000]  In a world where natural foods have been irradiated, adulterated, and mutilated,
[01:44:22.000 --> 01:44:26.000]  young Jevity can provide the nutrients you need.
[01:44:26.000 --> 01:44:32.000]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
[01:44:32.000 --> 01:44:35.000]  We have come to trust Jevity so much.
[01:44:35.000 --> 01:44:40.000]  We became a marketing distributor along with Alex Jones, Ben Fuchs, and many others.
[01:44:40.000 --> 01:44:47.000]  When you order from LogosRadioNetwork.com, your health will improve as you help support quality radio.
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[01:45:03.000 --> 01:45:06.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:25.000 --> 01:46:37.000]  Okay, we are back. Randy Colton, Brett Fountain, rule of law radio.
[01:46:37.000 --> 01:46:41.000]  And I guess you guys don't want to hear my story.
[01:46:41.000 --> 01:46:44.000]  I got two callers while I was on the break.
[01:46:44.000 --> 01:46:49.000]  Okay, we're going to go to Terrence in Florida.
[01:46:49.000 --> 01:46:50.000]  Hello, Terrence.
[01:46:50.000 --> 01:46:54.000]  What do you have for us today?
[01:46:54.000 --> 01:46:56.000]  Terrence, can you hear me all right?
[01:46:56.000 --> 01:46:57.000]  Absolutely.
[01:46:57.000 --> 01:46:58.000]  I'm hearing you just fine.
[01:46:58.000 --> 01:46:59.000]  I'm good.
[01:46:59.000 --> 01:47:12.000]  I was just calling because I talked to a stranger and I don't know if she followed up on it or carried the ball.
[01:47:12.000 --> 01:47:20.000]  I was the one who needed to comment on when you help someone, what do they need to do?
[01:47:20.000 --> 01:47:24.000]  I know they need to study, they need to learn, they need to follow directions.
[01:47:24.000 --> 01:47:25.000]  Okay, wait a minute.
[01:47:25.000 --> 01:47:28.000]  I'm having a little trouble with your fidelity.
[01:47:28.000 --> 01:47:31.000]  Can you move the mic a little bit away from your mouth?
[01:47:31.000 --> 01:47:33.000]  Is this better?
[01:47:33.000 --> 01:47:34.000]  Yes, better.
[01:47:34.000 --> 01:47:38.000]  Okay, I'm not on speakerphone or headphone or anything, so.
[01:47:38.000 --> 01:47:39.000]  Okay.
[01:47:39.000 --> 01:47:55.000]  What I'm saying is I asked you to help a stranger out and there's certain things that when you help someone that they've got to do and they've got to learn things and maybe even go and court watch for a bit just to get some sort of idea.
[01:47:55.000 --> 01:48:06.000]  So I was wanting you to comment on when you help someone, what are the things you need them to do to make your job easier?
[01:48:06.000 --> 01:48:09.000]  That is a really good question.
[01:48:09.000 --> 01:48:11.000]  Great question.
[01:48:11.000 --> 01:48:18.000]  And it goes to the way human beings handle memory.
[01:48:18.000 --> 01:48:22.000]  First thing I want to see is a timeline.
[01:48:22.000 --> 01:48:27.000]  Not a statement of facts, no arguments in support.
[01:48:27.000 --> 01:48:32.000]  Just this happened and this happened and this happened and this happened.
[01:48:32.000 --> 01:48:40.000]  Some recent research on memory came to a surprising result.
[01:48:40.000 --> 01:48:48.000]  We experience memory as something we mentally go inside and read.
[01:48:48.000 --> 01:48:57.000]  We have all this stuff stored in our memory and when we come to it, we go in there and we look at it and then we relate it to someone else.
[01:48:57.000 --> 01:49:00.000]  But what they found is that's not how it works.
[01:49:00.000 --> 01:49:12.000]  What we do is we access a memory and we literally pull it out and re-experience it and then put it back.
[01:49:12.000 --> 01:49:14.000]  That causes problems.
[01:49:14.000 --> 01:49:19.000]  We've all told stories about things that's happened.
[01:49:19.000 --> 01:49:27.000]  And I had somebody ask me once about a story I told and they said, did that happen to you?
[01:49:27.000 --> 01:49:32.000]  And I had to stop and think, I don't remember.
[01:49:32.000 --> 01:49:38.000]  It was a good story and who it happened to really wasn't relevant to the story.
[01:49:38.000 --> 01:49:40.000]  So I didn't remember.
[01:49:40.000 --> 01:49:47.000]  The reason I didn't remember is that I pulled that story out of my memory and told the story.
[01:49:47.000 --> 01:49:53.000]  Whether it, who it happened to wasn't relevant to the story, we've all heard these funny stories.
[01:49:53.000 --> 01:49:56.000]  It don't matter who it happens to, it's just a funny story.
[01:49:56.000 --> 01:50:01.000]  So I pulled it out, I tell the story and then I put it back.
[01:50:01.000 --> 01:50:09.000]  But when I tell the story, I don't add where it came from or who it happened to because it wasn't relevant.
[01:50:09.000 --> 01:50:13.000]  And when I put it back, that's not attached to it anymore.
[01:50:13.000 --> 01:50:21.000]  What happens to people in traumatic circumstances is when they're asked about what happened,
[01:50:21.000 --> 01:50:31.000]  they tend to go from one traumatic circumstance to the next, to the next, to the next.
[01:50:31.000 --> 01:50:37.000]  Sometimes they go to those issues in chronological order.
[01:50:37.000 --> 01:50:39.000]  But sometimes not.
[01:50:39.000 --> 01:50:47.000]  If I ask you a specific question about a long range interaction,
[01:50:47.000 --> 01:50:55.000]  in all this time where all of the officers or people who claim to be officers there,
[01:50:55.000 --> 01:50:58.000]  you know, put municipal police officers.
[01:50:58.000 --> 01:51:05.000]  And you go through what happened based on looking for whether they were municipal police officers or not.
[01:51:05.000 --> 01:51:10.000]  So you go in and re-experience all this stuff from a different context.
[01:51:10.000 --> 01:51:13.000]  And that screws up your timeline.
[01:51:13.000 --> 01:51:18.000]  Because when something happens, not as important as some other circumstance.
[01:51:18.000 --> 01:51:25.000]  So you take it out, re-experience from this other context, and then put it back and it's got this depleted information.
[01:51:25.000 --> 01:51:29.000]  You haven't lost it, it's just not attached anymore.
[01:51:29.000 --> 01:51:33.000]  So how do we stick all these pieces back together?
[01:51:33.000 --> 01:51:37.000]  How do we get them all in the correct order?
[01:51:37.000 --> 01:51:39.000]  Timeline.
[01:51:39.000 --> 01:51:44.000]  We don't, we just timeline because we don't want to go to the trauma.
[01:51:44.000 --> 01:51:47.000]  Just the details of when something happened.
[01:51:47.000 --> 01:51:49.000]  And you just start marking it.
[01:51:49.000 --> 01:51:57.000]  If it's a big court case or something, you can take the docket sheet of all the motions including filed.
[01:51:57.000 --> 01:51:59.000]  And then go back to the front.
[01:51:59.000 --> 01:52:07.000]  And if the case started here, go back in the front and give us some things that happened that got us to the case.
[01:52:07.000 --> 01:52:12.000]  And then look at this motion and what happened between this motion and this next motion.
[01:52:12.000 --> 01:52:15.000]  We got this motion and then we got this other motion.
[01:52:15.000 --> 01:52:17.000]  And I said, wait a minute, wait a minute.
[01:52:17.000 --> 01:52:20.000]  Wasn't there a hearing in between this?
[01:52:20.000 --> 01:52:24.000]  And people say, oh yeah, yeah, we're on this date, but they didn't do anything.
[01:52:24.000 --> 01:52:26.000]  So see, they lose that.
[01:52:26.000 --> 01:52:28.000]  It doesn't seem important to them.
[01:52:28.000 --> 01:52:30.000]  So it drops out.
[01:52:30.000 --> 01:52:34.000]  When I'm looking at this, I'm not looking at this.
[01:52:34.000 --> 01:52:40.000]  And Brett, when he looks at these things, we're not looking at it from an emotional standpoint.
[01:52:40.000 --> 01:52:42.000]  We're talking to someone else.
[01:52:42.000 --> 01:52:44.000]  We don't have a dog in the hunt.
[01:52:44.000 --> 01:52:54.000]  We're looking for legal elements and facts as they relate to legal elements.
[01:52:54.000 --> 01:52:58.000]  Now, the teller of a story doesn't know that.
[01:52:58.000 --> 01:53:02.000]  For the most part, they know what happened, but they don't know what we're looking for.
[01:53:02.000 --> 01:53:05.000]  They know how they feel about it.
[01:53:05.000 --> 01:53:06.000]  Exactly.
[01:53:06.000 --> 01:53:10.000]  So they start telling the story and we sit here and listen.
[01:53:10.000 --> 01:53:17.000]  And every once while we make a note, they just stepped on a fact that goes to a legal element.
[01:53:17.000 --> 01:53:18.000]  We make notes of those.
[01:53:18.000 --> 01:53:22.000]  And then we come back and try to pieces together.
[01:53:22.000 --> 01:53:24.000]  It's difficult, time consuming.
[01:53:24.000 --> 01:53:32.000]  So first thing you do is try to disassociate yourself from the emotional impact of what went on.
[01:53:32.000 --> 01:53:39.000]  Best way to do that is to leave out all of the arguments, all the justifications, all that stuff.
[01:53:39.000 --> 01:53:41.000]  Just give me dates.
[01:53:41.000 --> 01:53:49.000]  And once you get all this down, then you go back and look at it and you'll say, wait a minute.
[01:53:49.000 --> 01:53:54.000]  Something happened in here, in between these two.
[01:53:54.000 --> 01:53:58.000]  When you get it to a third party and they read it, they're going to say, wait, wait, wait.
[01:53:58.000 --> 01:54:00.000]  You can't go from this place to this place.
[01:54:00.000 --> 01:54:02.000]  There had to be something in between.
[01:54:02.000 --> 01:54:03.000]  And you say, oh, yeah, yeah.
[01:54:03.000 --> 01:54:06.000]  You start putting that in there before long.
[01:54:06.000 --> 01:54:11.000]  This thing starts stitching itself together.
[01:54:11.000 --> 01:54:16.000]  Probably the most valuable thing you can have.
[01:54:16.000 --> 01:54:20.000]  You have the timeline together.
[01:54:20.000 --> 01:54:29.000]  Then you go back and you start putting in the facts and the issues that occurred along this timeline.
[01:54:29.000 --> 01:54:40.000]  But now you will come to these things that were emotional, but now you have them tightly framed within a chronological framework.
[01:54:40.000 --> 01:54:46.000]  So you don't tend to mix things together and you can move from one to the other.
[01:54:46.000 --> 01:54:51.000]  And in doing this, we build a statement of facts.
[01:54:51.000 --> 01:55:02.000]  Once we have a timeline, then we go down the timeline and add facts in that stitch these occurrences together.
[01:55:02.000 --> 01:55:11.000]  Then once we have the timeline together, then we look at the whole thing and we make up a story.
[01:55:11.000 --> 01:55:17.000]  We decide what the best way to approach this is.
[01:55:17.000 --> 01:55:29.000]  Now make us up a story that follows this timeline and essentially follows the facts and leads you to this outcome.
[01:55:29.000 --> 01:55:36.000]  When you state the facts, you don't have to state every fact.
[01:55:36.000 --> 01:55:44.000]  You only need to state the facts that leads to the conclusion you're trying to bring the reader to.
[01:55:44.000 --> 01:55:48.000]  So you do these three steps.
[01:55:48.000 --> 01:55:53.000]  Once you get the story done, then you come back and look at the facts.
[01:55:53.000 --> 01:55:59.000]  Which of these facts leads to my story and which ones don't?
[01:55:59.000 --> 01:56:01.000]  And the ones that don't, you take them out.
[01:56:01.000 --> 01:56:07.000]  If they're material, important facts, but they don't lead to your story, let the other guy put those in.
[01:56:07.000 --> 01:56:12.000]  If he remembers them, he may not.
[01:56:12.000 --> 01:56:16.000]  If I tell you something, it can be a lie.
[01:56:16.000 --> 01:56:20.000]  But if you think it, it's true.
[01:56:20.000 --> 01:56:29.000]  You will perceive it as true. So what we want to do by this process, we start at the front and move to the back.
[01:56:29.000 --> 01:56:32.000]  And then from the back, we move back to the front.
[01:56:32.000 --> 01:56:44.000]  We state these facts in a way that a reasonable person of ordinary prudence, reading this fact and then this fact would come to this particular conclusion.
[01:56:44.000 --> 01:57:03.000]  Then we go to the next fact and we try to lay out our facts that would lead to someone to come to the same conclusions we're going to come to when we do our dialogue, our argument in support.
[01:57:03.000 --> 01:57:06.000]  Statement of facts and argument in support.
[01:57:06.000 --> 01:57:25.000]  Argument in support follows the statement of facts, but instead of using the argument in support as a way to convince your reader of what you're trying to portray, you use the statement of facts to do that.
[01:57:25.000 --> 01:57:40.000]  And the only thing this story is for is so that you state the conclusion you've already got your reader to come to when he read your facts the way you stitched them together.
[01:57:40.000 --> 01:57:53.000]  If you get your reader to come to a conclusion and then you state that conclusion later, he's going to think, well, it's the same conclusion I came to.
[01:57:53.000 --> 01:58:02.000]  So he's going to believe you and your statement will have more validity to the reader.
[01:58:02.000 --> 01:58:10.000]  Go to jurysimprudence.website and on the front there you'll see a reference to Cherokee County.
[01:58:10.000 --> 01:58:14.000]  In there I have a folder with criminal complaints in it.
[01:58:14.000 --> 01:58:17.000]  I've done that with that set of criminal complaints.
[01:58:17.000 --> 01:58:20.000]  I have a statement in there.
[01:58:20.000 --> 01:58:24.000]  And from the statement, I build a whole bunch of criminal complaints.
[01:58:24.000 --> 01:58:28.000]  It'll give you a real good idea how that worked.
[01:58:28.000 --> 01:58:30.000]  I worked a long time on that thing.
[01:58:30.000 --> 01:58:33.000]  So I think you'll find it a value.
[01:58:33.000 --> 01:58:34.000]  We are out of time.
[01:58:34.000 --> 01:58:35.000]  Thank you, Terrence.
[01:58:35.000 --> 01:58:37.000]  That was a great question.
[01:58:37.000 --> 01:58:40.000]  This is Randy Kelton, Brett Fountain.
[01:58:40.000 --> 01:58:42.000]  We'll be back next week.
[01:58:42.000 --> 01:58:49.000]  Thank you all for listening and good night.
[01:58:49.000 --> 01:58:50.000]  Thank you, Terrence.
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