ROL_2020-03-13_16k_Hr1-2.timecode
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[00:24.960 --> 00:37.080] cap, Bitcoin Core, $10,566.52, Ethereum, $227.26, XRP, Ripple, $0.33, Litecoin, $100.31, and
[00:37.080 --> 00:41.960] Bitcoin Cash is at $324.10 a crypto coin.
[00:41.960 --> 00:52.280] Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb, was detonated
[00:52.280 --> 00:57.600] on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[00:57.600 --> 00:59.520] 10 and injuring 40.
[00:59.520 --> 01:04.600] Today in history.
[01:04.600 --> 01:09.240] In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp and
[01:09.240 --> 01:13.800] a Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:13.800 --> 01:17.920] and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:17.920 --> 01:22.520] new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.520 --> 01:24.600] to test the herb for THC.
[01:24.600 --> 01:28.240] Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.240 --> 01:32.840] she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:32.840 --> 01:33.840] law.
[01:33.840 --> 01:37.400] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.400 --> 01:41.920] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:41.920 --> 01:48.040] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:48.040 --> 01:54.280] As well as other cities, too, like the District Attorney in El Paso, Jaime Esparza, a Democrat,
[01:54.280 --> 01:58.760] who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.760 --> 02:01.480] prosecution of marijuana cases in El Paso.
[02:01.480 --> 02:06.560] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.560 --> 02:10.560] in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.560 --> 02:13.280] something illegal based on its chemical makeup.
[02:13.280 --> 02:17.160] It's important that if someone is charged with something, the test matches what they're
[02:17.160 --> 02:22.400] charged with.
[02:22.400 --> 02:27.720] A paper by Tulane University identified a 5.5-inch American pocket shark as the first
[02:27.720 --> 02:33.400] of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured
[02:33.400 --> 02:39.080] or recorded, with the other one being found way back in 1979 in the East Pacific Ocean.
[02:39.080 --> 02:43.600] According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.600 --> 02:45.440] its front fins.
[02:45.440 --> 02:50.720] For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[02:50.720 --> 03:11.440] This is Rook Rodey with your lowdown for July 22, 2019.
[03:11.440 --> 03:25.520] And
[03:25.520 --> 03:28.420] Bad Boys Bad BoysToolkit
[03:28.520 --> 03:29.820] Whatcha Gonna Do?
[03:29.920 --> 03:32.020] Whatcha Gonna Do when they come for you?
[03:32.120 --> 03:33.520] Bad Boys Bad Boys
[03:33.620 --> 03:35.020] Whatcha Gonna Do?
[03:35.120 --> 03:37.520] Whatcha Gonna Do when they come for you?
[03:37.620 --> 03:40.520] When you were 8, and you had bad trades
[03:40.620 --> 03:42.920] You'd go to School and learn The Golden Rule
[03:43.020 --> 03:46.120] So why are you acting like a bloody fool?
[03:46.220 --> 03:48.520] If you get hot, than you must get cool!
[03:48.620 --> 03:50.120] Bad Boys Bad Boys
[03:50.220 --> 03:51.320] Whatcha Gona Do?
[03:51.420 --> 03:53.820] Oh whatcha gona do when they come for you?
[03:53.820 --> 04:01.180] Okay, we are back.
[04:01.180 --> 04:04.000] Oh, we're here to start.
[04:04.000 --> 04:06.820] This is Friday the 13th.
[04:06.820 --> 04:10.580] That's why I got that wrong on the intro.
[04:10.580 --> 04:36.820] Friday the 13th, March 13, 2020, I had a problem a little while back in that we tend to have
[04:36.820 --> 04:44.860] a, on Fridays we don't have a show before this one, so I turned the phones on early
[04:44.860 --> 04:47.020] and when our show starts it turns the phones off.
[04:47.020 --> 04:49.820] I didn't know that, so we had a big problem.
[04:49.820 --> 04:51.740] And oh, did I get chewed out.
[04:51.740 --> 04:53.700] So this time I got it right.
[04:53.700 --> 05:02.520] Phone lines are on, I call in number 512-646-1984, we'll be taking your calls all night.
[05:02.520 --> 05:09.160] And I'd like to go over on Friday night, what we went over Thursday night for the people
[05:09.160 --> 05:10.160] who didn't hear it.
[05:10.160 --> 05:11.540] Besides, it's a good story.
[05:11.540 --> 05:16.300] Brett, will you bring us up to speed on Wood County?
[05:16.300 --> 05:20.260] Wood County, well.
[05:20.260 --> 05:22.060] Fun and games.
[05:22.060 --> 05:25.940] Let's see, what was I doing yesterday that I told you about?
[05:25.940 --> 05:33.900] You were sending them some Christmas presents to the state bar and, oh, that's right, there
[05:33.900 --> 05:38.100] was, it actually was a matter of records requests.
[05:38.100 --> 05:47.740] And some months back I had asked for some records, some public records, and instead
[05:47.740 --> 05:55.700] of the public official themselves responding to me when I, I always talked to the elected
[05:55.700 --> 06:00.400] official or the appointed official or the department head.
[06:00.400 --> 06:04.560] That's who is by law responsible to respond to these requests.
[06:04.560 --> 06:05.560] So that's who I address.
[06:05.560 --> 06:14.260] Now they may have somebody who is in their office and is dedicated to that task and they're
[06:14.260 --> 06:18.460] the helper and they call them the records coordinator, records custodian, whatever.
[06:18.460 --> 06:20.260] I don't care.
[06:20.260 --> 06:25.780] I just always direct it to the one who has the responsibility by law.
[06:25.780 --> 06:31.820] But a lot of times, we the people will send in a records request and say, hey, I want
[06:31.820 --> 06:35.420] to know about this, that, or the other, I want to see a copy of something, something.
[06:35.420 --> 06:42.300] And we'll get a response back from some random lawyer at a law firm we've never heard of.
[06:42.300 --> 06:49.020] And this lawyer is the one telling you, can't, won't, don't have to, need clarification,
[06:49.020 --> 06:54.780] gonna have to go talk to the attorney general for an opinion again, all that stuff.
[06:54.780 --> 06:59.020] That's usually coming from, well, often, I don't know about usually, but in my experience,
[06:59.020 --> 07:04.540] it often comes from some random lawyer.
[07:04.540 --> 07:14.260] Well, in Wood County, I had requested some records and gotten some of those kinds of
[07:14.260 --> 07:17.700] notes back from a lawyer and I told him, I don't know who you are, go away.
[07:17.700 --> 07:20.540] I don't deal with third parties.
[07:20.540 --> 07:21.620] You're not involved in this.
[07:21.620 --> 07:28.340] If anybody hired you to give them legal advice, well, fine, go give them legal advice.
[07:28.340 --> 07:32.820] And I still was expecting to see my records come back from the one who's responsible to
[07:32.820 --> 07:37.340] answer me, and sometimes they do, sometimes they don't.
[07:37.340 --> 07:45.140] Well, that lawyer ended up with a bar grievance and when he kept on harassing me, all five
[07:45.140 --> 07:48.260] of the partners in his law firm got a bar grievance.
[07:48.260 --> 07:50.780] Well, poof, he got quiet.
[07:50.780 --> 07:53.580] He never talked to me again.
[07:53.580 --> 07:57.660] And he no longer works at that law firm.
[07:57.660 --> 08:05.660] He switched to another law firm that's much larger, has a lot more bosses to bar grieve.
[08:05.660 --> 08:11.020] And now, so fast forward all these months later, I need some more records and I reach
[08:11.020 --> 08:15.740] out to another official and ask for certain records and what do you know, if it isn't
[08:15.740 --> 08:24.620] that same lawyer, Mr. Ron Stutes answering me, I guess he'd forgotten that he's not supposed
[08:24.620 --> 08:29.100] to harass me, forgot my name or something, I don't know, but he reached out again and
[08:29.100 --> 08:40.980] he's telling me, can't, won't, don't have to, and so I sent him a tort letter and then
[08:40.980 --> 08:44.580] the next day he tried again.
[08:44.580 --> 08:53.020] And I sent a tort letter to all 14 lawyers at the firm where he now works.
[08:53.020 --> 08:57.180] And so hopefully they can help to rein in his behavior.
[08:57.180 --> 09:03.620] That's going to get him a good start with his new law firm.
[09:03.620 --> 09:08.060] A friend of mine says, right or wrong, they're going to find out what kind of juju he brought
[09:08.060 --> 09:15.300] their way.
[09:15.300 --> 09:17.580] So that's what I was doing yesterday.
[09:17.580 --> 09:18.580] Okay.
[09:18.580 --> 09:27.540] What I was doing yesterday was I sent, gave a, actually I went to the district attorney's
[09:27.540 --> 09:34.260] or a district judge's office and asked for a list of all of the lawyers on the attorney
[09:34.260 --> 09:35.660] for you.
[09:35.660 --> 09:40.060] Now that's pretty innocuous, you know, these are lawyers, they're in business and they
[09:40.060 --> 09:41.060] want clients.
[09:41.060 --> 09:47.460] They're not exactly hiding, you know, their name and address and email is not exactly
[09:47.460 --> 09:49.460] a secret.
[09:49.460 --> 09:54.980] So I didn't figure this would be a problem, but the judge insisted that he wanted a written
[09:54.980 --> 09:55.980] request.
[09:55.980 --> 10:04.460] So I gave him one and he gave it to James Staton, the county attorney.
[10:04.460 --> 10:10.220] I don't know why he didn't give it to the district attorney because this is a district
[10:10.220 --> 10:16.760] court and the district court is not a county entity.
[10:16.760 --> 10:20.800] This is the district court for three different counties.
[10:20.800 --> 10:28.940] So I'm not sure why he would use the funds of the county instead of the district court's
[10:28.940 --> 10:29.940] funds.
[10:29.940 --> 10:35.300] I would have thought he would have went to the district attorney.
[10:35.300 --> 10:40.480] But I can guess that the district attorney, good chance he told him, I'm not touching
[10:40.480 --> 10:48.860] that with a 10 foot pole, you ought to give it to him because he knows me real well.
[10:48.860 --> 10:56.540] He knows I would not ask for something unless I already knew that it was available for public
[10:56.540 --> 10:57.540] inspection.
[10:57.540 --> 11:02.320] Well, he gave it to James Staton, county attorney.
[11:02.320 --> 11:04.540] County attorney knows me.
[11:04.540 --> 11:10.460] When he was running for office, I saw him in the courthouse and he said, Mr. Kelton,
[11:10.460 --> 11:12.060] you know, I'm running for county attorney.
[11:12.060 --> 11:14.680] I said, yeah, James, I heard that.
[11:14.680 --> 11:17.860] He said, I heard about your radio station.
[11:17.860 --> 11:18.860] Oh, you did?
[11:18.860 --> 11:19.860] Yeah, I did.
[11:19.860 --> 11:24.300] And you just remember, I know who you are.
[11:24.300 --> 11:26.620] I know where you live.
[11:26.620 --> 11:31.580] I went to school with your kids.
[11:31.580 --> 11:36.500] And then when I told everybody about filing first degree felony aggravated assault charges
[11:36.500 --> 11:43.100] against a sheriff's deputy for writing me a ticket, well, I saw James in the courthouse
[11:43.100 --> 11:44.100] over that.
[11:44.100 --> 11:48.060] I said, James, my ticket, it's never come up.
[11:48.060 --> 11:56.100] I want to have a hearing in front of the JP with you there prosecuting my case.
[11:56.100 --> 12:01.500] So no, Mr. Kelton, you're not going to get to have your fun with me.
[12:01.500 --> 12:05.740] This is the one where the sheriff's deputy said, Mr. Kelton, you know why I stopped you?
[12:05.740 --> 12:08.040] I said, no, but I figured you're going to tell me.
[12:08.040 --> 12:11.940] He said, well, your registration is expired.
[12:11.940 --> 12:13.780] And I said, only two years.
[12:13.780 --> 12:16.780] What's the problem?
[12:16.780 --> 12:18.900] So that was the one.
[12:18.900 --> 12:20.020] He went to write the ticket.
[12:20.020 --> 12:25.920] I called 911, want somebody to arrest him for first degree felony aggravated assault.
[12:25.920 --> 12:29.060] It went downhill from there for the sergeant.
[12:29.060 --> 12:36.420] And then I filed it with the justice of the peace, my traffic ticket documents, 150 pages
[12:36.420 --> 12:41.300] worth, and never heard from it.
[12:41.300 --> 12:42.300] I wonder why.
[12:42.300 --> 12:45.420] They might be still going through that stack.
[12:45.420 --> 12:50.820] Little while after that, I went down to ask the JP to look at some records.
[12:50.820 --> 12:52.700] And the clerk said, oh, you can't see those.
[12:52.700 --> 12:56.740] No, no, no, no, don't, don't, don't, don't say that to me.
[12:56.740 --> 12:57.740] She said, what?
[12:57.740 --> 12:59.180] I have to say that to you.
[12:59.180 --> 13:00.860] No, no, no.
[13:00.860 --> 13:03.300] Don't you say that to me.
[13:03.300 --> 13:05.380] Get the judge to say that to me.
[13:05.380 --> 13:09.780] Because whoever says that to me, you know, I'm in the sheriff's office, the sheriff's
[13:09.780 --> 13:10.780] building.
[13:10.780 --> 13:16.100] When you walk in the door into the lobby, right in front of you is the sheriff.
[13:16.100 --> 13:20.060] And to your left is the JP's window.
[13:20.060 --> 13:24.580] So I said, whoever says that to me, I'm going to have to go over to that window over there
[13:24.580 --> 13:27.500] and get a sheriff's deputy to come over here and arrest them.
[13:27.500 --> 13:31.740] And I do not want that to be you.
[13:31.740 --> 13:34.140] I'll be right back, Mr. Captain.
[13:34.140 --> 13:38.180] She goes in the back and the JP comes out.
[13:38.180 --> 13:43.220] Well, the JP used to be the captain on the sheriff's department.
[13:43.220 --> 13:46.620] His wife was the JP.
[13:46.620 --> 13:52.580] And I don't know if it was a drunk or what it was, but somebody crossed the center mound
[13:52.580 --> 14:00.500] or the center section in 281, which is a divided highway, and hit her dead on and killed her.
[14:00.500 --> 14:09.540] So they appointed Johnson, Captain Johnson, to finish out her term.
[14:09.540 --> 14:13.140] So he had been the captain on the sheriff's department, now he's the JP.
[14:13.140 --> 14:16.900] And he told me that he wouldn't produce these for me.
[14:16.900 --> 14:21.580] Oh, Judge Johnson, you shouldn't have said that to me.
[14:21.580 --> 14:24.940] And I turned and walked over to the sheriff's window.
[14:24.940 --> 14:32.820] I need you to get me a sheriff deputy out here to arrest Judge Johnson over there.
[14:32.820 --> 14:37.740] They all knew me, and they sent out this sergeant.
[14:37.740 --> 14:43.900] See this sergeant had been a sergeant under Johnson when he was the captain.
[14:43.900 --> 14:48.820] So I'm making out a set of criminal complaints and the sergeant comes out and said, what
[14:48.820 --> 14:49.820] can I do for you?
[14:49.820 --> 14:53.380] So I'm making up some criminal complaints here against the Judge Johnson.
[14:53.380 --> 14:55.980] I want you to arrest him.
[14:55.980 --> 14:58.540] He said, well, I can't arrest the judge.
[14:58.540 --> 15:02.580] I said, sure you can, just throw the cuffs on him and drag him off to jail.
[15:02.580 --> 15:05.820] Heck, you don't have far to go, it's right through that door right there.
[15:05.820 --> 15:10.100] Oh no, I didn't see the offense occur.
[15:10.100 --> 15:13.740] So I said, just a minute, and I went to the window, I said, can you have the judge come
[15:13.740 --> 15:16.140] out here for a minute?
[15:16.140 --> 15:18.120] And the judge came out.
[15:18.120 --> 15:20.780] So I'm going to ask him to see the record, sir.
[15:20.780 --> 15:23.060] I want him to do it in front of the sergeant.
[15:23.060 --> 15:29.260] So I said, Judge, I want to see those records I asked you for.
[15:29.260 --> 15:38.020] And that dirty rascal, he said, Mr. Kelton, you know all those records are on our website.
[15:38.020 --> 15:39.020] What?
[15:39.020 --> 15:43.820] Oh yeah, you can go on our website and they're all on your website.
[15:43.820 --> 15:47.900] Oh man, I wish you hadn't told me that.
[15:47.900 --> 15:50.620] He said, well, they are there.
[15:50.620 --> 15:55.660] I said, well, now I can't file a criminal complaint against you if I have equal access.
[15:55.660 --> 15:59.980] And the sergeant said, oh, Mr. Kelton, if you'll just write out that complaint, I'll
[15:59.980 --> 16:00.980] take it.
[16:00.980 --> 16:05.780] And the judge is looking at him like, I'm going to strangle you.
[16:05.780 --> 16:12.580] So, oh no, no, the judge ruined everything.
[16:12.580 --> 16:15.980] Heck, I can't have any fun at all here today.
[16:15.980 --> 16:20.900] And the sergeant, oh, Mr. Kelton, I'd be glad to take it.
[16:20.900 --> 16:22.780] That was great fun.
[16:22.780 --> 16:28.580] So this is the judge I filed.
[16:28.580 --> 16:34.140] After he got out of office, now he went back to be the captain on the sheriff's department.
[16:34.140 --> 16:38.460] And there's a woman there that's now the judge.
[16:38.460 --> 16:43.340] I went to file the complaints with them and all the documents and the clerk told me she
[16:43.340 --> 16:44.340] couldn't take it.
[16:44.340 --> 16:47.740] Oh no, no, no.
[16:47.740 --> 16:49.220] Don't say that to me.
[16:49.220 --> 16:52.020] She said, well, I have to.
[16:52.020 --> 16:54.260] Oh, don't, don't do that.
[16:54.260 --> 16:57.180] Go get the judge to tell me that.
[16:57.180 --> 17:00.300] She went in the back and came out.
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[19:54.460 --> 20:01.940] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio on this, the 13th day of
[20:01.940 --> 20:08.940] March 2020, Friday the 13th, and I was finishing up about the JP.
[20:08.940 --> 20:13.220] I went to file these records and the clerk told me I couldn't file them and I told her
[20:13.220 --> 20:16.780] not to tell me that, and she was kind of getting the routine.
[20:16.780 --> 20:21.120] So she went back and talked to the JP and come out and she said, the JP said I could
[20:21.120 --> 20:22.120] take them.
[20:22.120 --> 20:31.180] Oh, heck, she's ruining my fun, yes, Mr. Kelton, she is.
[20:31.180 --> 20:35.340] So I filed them and then that's why I never heard anything about it.
[20:35.340 --> 20:43.140] And James Staton, once before I had an issue with the chief of police who wouldn't file
[20:43.140 --> 20:48.740] one of my complaints with the justice of the peace.
[20:48.740 --> 20:52.500] And he told me that county attorney told him not to.
[20:52.500 --> 20:55.800] So I went straight, told him, wait right here, don't go anywhere.
[20:55.800 --> 21:01.140] I'll be right back, went straight to the county seat and James was standing in the hall waiting
[21:01.140 --> 21:02.140] for me.
[21:02.140 --> 21:04.980] Mr. Kelton, I know why you're here.
[21:04.980 --> 21:07.940] And do you think that I am out of my professional mind?
[21:07.940 --> 21:13.680] Do you really believe that I would waive my sovereign immunity in order to give legal
[21:13.680 --> 21:15.860] advice to the police?
[21:15.860 --> 21:21.580] I was surprised he said that to me, but he was sure I already knew that.
[21:21.580 --> 21:25.920] And I told him, well, James, I'm just following the thunder here.
[21:25.920 --> 21:34.660] That's when I went back to the police department and the guy who showed up when the sergeant
[21:34.660 --> 21:40.980] gave me those tickets that I took to the JP, they stopped me and a whole bunch of other
[21:40.980 --> 21:42.580] cops showed up.
[21:42.580 --> 21:48.860] One of them was an officer Boyd and he was from Rome, Texas, about six miles away from
[21:48.860 --> 21:50.200] Boyd, Texas.
[21:50.200 --> 21:53.660] At the time, he worked for Boyd Tech, for Boyd.
[21:53.660 --> 21:57.700] And I knocked on the door and he came to the door of the police department and he's, well,
[21:57.700 --> 22:00.180] hello, Mr. Kelton, what can I do for you?
[22:00.180 --> 22:04.860] He's grinning from ear to ear because he already knows what's going on.
[22:04.860 --> 22:12.100] And I told him, well, James Staton just threw your chief under the bus and I'm here to run
[22:12.100 --> 22:13.900] him over with it.
[22:13.900 --> 22:16.380] He said, well, I'll let you in on one condition.
[22:16.380 --> 22:17.820] I said, what's that?
[22:17.820 --> 22:18.820] I get to watch.
[22:18.820 --> 22:20.360] He said, watch?
[22:20.360 --> 22:23.380] You can take videos.
[22:23.380 --> 22:30.140] So he showed up when I was giving the sergeant the complaints and I think he warned him about
[22:30.140 --> 22:32.520] who I was.
[22:32.520 --> 22:37.200] The cop was, when he brought my ticket back, because I'd called 911 and asked him to send
[22:37.200 --> 22:39.380] somebody out to arrest him.
[22:39.380 --> 22:43.980] He was so furious, his hands were vibrating.
[22:43.980 --> 22:46.260] That was great fun.
[22:46.260 --> 22:54.060] So anyway, James never brought that to court, but he did tell me that remark about waiving
[22:54.060 --> 22:55.820] his sovereign immunity.
[22:55.820 --> 22:59.100] And I thought about that when I saw this letter.
[22:59.100 --> 23:05.820] This letter to the attorney general said that Mr. Kelton made this request under the Open
[23:05.820 --> 23:11.540] Records Act and judicial records do not fall under the Open Records Act.
[23:11.540 --> 23:14.580] So we asked permission to withhold the records.
[23:14.580 --> 23:22.920] Well, let me guess, let me just guess, you didn't make that request under any specific
[23:22.920 --> 23:23.920] act.
[23:23.920 --> 23:24.920] Good guess.
[23:24.920 --> 23:29.260] This ain't my first rodeo.
[23:29.260 --> 23:34.240] And it's not the first time I've seen this precise objection.
[23:34.240 --> 23:37.920] So no, there is no reference to the Open Records Act in there.
[23:37.920 --> 23:43.320] Actually the request simply requests these records.
[23:43.320 --> 23:49.760] He assumed the request was made under the Open Government Act, but my complaint never
[23:49.760 --> 23:52.380] said that.
[23:52.380 --> 24:02.260] So he wrote this letter to the attorney general and even if the records do fall under the
[24:02.260 --> 24:05.900] judiciary, they are administrative records.
[24:05.900 --> 24:14.300] The only records that are restricted are records having to do with the adjudication of cases.
[24:14.300 --> 24:21.740] And that's only work product and certain things, juvenile records, they're all stipulated.
[24:21.740 --> 24:23.680] Everything else is open.
[24:23.680 --> 24:33.260] We have this thing called a Constitution and a Bill of Rights and one of the rights says
[24:33.260 --> 24:39.700] all courts shall be public.
[24:39.700 --> 24:47.340] So James, what part of that is hard for you to understand?
[24:47.340 --> 24:54.740] So since I did not give this complaint, I'm taking a page out of your book, I did not
[24:54.740 --> 25:02.380] give this request to James Staton and so far as I know, he is not the designated custodian
[25:02.380 --> 25:09.180] of the record and I wouldn't care if he was, I gave this complaint to the district judge.
[25:09.180 --> 25:21.540] So I prepared a response to his request and included a verified criminal affidavit charging
[25:21.540 --> 25:30.220] the district judge with official oppression and I'll make up a second one, charging him
[25:30.220 --> 25:38.940] with the violation of 552.353, official misconduct as designated by the Open Records Act, but
[25:38.940 --> 25:42.300] I didn't do that because this really didn't fall under the act.
[25:42.300 --> 25:46.380] I'm not sure if this would fall under.
[25:46.380 --> 25:55.900] Since he made the request to the Attorney General and the records would in fact be open
[25:55.900 --> 26:02.980] for public inspection, I'm not sure about the open government complaint but I am sure
[26:02.980 --> 26:08.420] about the official oppression complaint.
[26:08.420 --> 26:15.900] And so that's for certain going to be mailed Monday, I'm asking him to take my complaint
[26:15.900 --> 26:22.580] against the district judge to the Travis County grand jury.
[26:22.580 --> 26:29.580] The district judge impaneled the grand jury in Wise County but he didn't impanel the
[26:29.580 --> 26:33.880] grand jury in Travis County.
[26:33.880 --> 26:38.320] So the last time when I got all the highest judges in Texas put in front of a grand jury,
[26:38.320 --> 26:47.100] that was filed through Travis County and it was the district attorney who handled that
[26:47.100 --> 26:48.260] one.
[26:48.260 --> 26:55.980] This one I filed with the Attorney General so what the judge did was gave me an opportunity
[26:55.980 --> 27:04.380] to use him as a crash dummy so I could go after the Attorney General.
[27:04.380 --> 27:06.780] This is not going to make him happy.
[27:06.780 --> 27:13.420] So if somebody gets thrown under the bus, who do you think it would likely be, some
[27:13.420 --> 27:20.540] aging district judge who just got appointed the first of this year or the Texas State
[27:20.540 --> 27:23.220] Attorney General?
[27:23.220 --> 27:29.260] And when the Texas State Attorney General does not act in accordance with Article 2.03,
[27:29.260 --> 27:35.980] then I will file against him with the Chief Justice of the Supreme.
[27:35.980 --> 27:41.380] And when the Chief Justice of the Supreme fails to hold an examining trial, I will file
[27:41.380 --> 27:48.860] against Chief Justice of the Supreme and the Attorney General and the district judge with
[27:48.860 --> 27:52.860] the feds.
[27:52.860 --> 28:01.060] That reminds me, I have a thread in that I need to follow up on about that.
[28:01.060 --> 28:10.300] There is a criminal complaint that I put in front of the Chief Justice Hecht.
[28:10.300 --> 28:21.240] And instead of doing his duty as imposed clearly by law, instead, I got back a letter from
[28:21.240 --> 28:26.300] some clerk that told me that it was not a proper filing in the Texas Supreme Court.
[28:26.300 --> 28:31.220] I needed to go through these processes and just fill out these forms and do some other
[28:31.220 --> 28:33.620] stuff if I'm trying to start a case.
[28:33.620 --> 28:35.020] Like what?
[28:35.020 --> 28:36.820] Oh, wonderful.
[28:36.820 --> 28:40.060] So obviously, I need to follow up on that.
[28:40.060 --> 28:49.660] Here's a file against the Chief Justice for failure to properly train and supervise.
[28:49.660 --> 28:57.180] I mean, Scott Richardson is the one that brought that up.
[28:57.180 --> 28:58.180] That's great.
[28:58.180 --> 29:07.820] You get to file against the clerk and the judge for not training the clerk, then I'm
[29:07.820 --> 29:11.300] going to come right behind him with another one.
[29:11.300 --> 29:17.740] And we have that case in Houston about examining trials.
[29:17.740 --> 29:21.380] So they're beginning to do examining trials.
[29:21.380 --> 29:24.900] So this would be a good one to get in front of the Chief Justice.
[29:24.900 --> 29:25.900] Really in Houston?
[29:25.900 --> 29:29.420] I thought it was just Tennessee that was getting smart.
[29:29.420 --> 29:37.020] Some lawyer sued Houston, city of Houston, over the bond setting practices that it claimed
[29:37.020 --> 29:40.740] it wasn't constitutional and Houston didn't answer.
[29:40.740 --> 29:48.700] And they fired the guys that were sued and had somebody go in and wipe all their drives.
[29:48.700 --> 29:55.260] And the judge was furious and gave default judgment against them for $10 million.
[29:55.260 --> 30:02.540] Hang on, go into our sponsors, we'll be right back.
[30:02.540 --> 30:06.180] It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.180 --> 30:07.180] affected our health?
[30:07.180 --> 30:11.340] I'm Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how
[30:11.340 --> 30:15.660] cell phones may actually alter our brain chemistry.
[30:15.660 --> 30:17.240] Privacy is under attack.
[30:17.240 --> 30:20.840] When you give up data about yourself, you'll never get it back again.
[30:20.840 --> 30:25.620] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.620 --> 30:31.180] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.180 --> 30:33.380] Privacy, it's worth hanging on to.
[30:33.380 --> 30:37.680] This public service announcement is brought to you by Startpage.com, the private search
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[30:44.660 --> 30:47.140] Cell phones emit radio frequency energy.
[30:47.140 --> 30:48.140] It's a fact.
[30:48.140 --> 30:51.660] But whether it's dangerous to have a phone beaming this kind of radiation near your head
[30:51.660 --> 30:52.660] has been disputed.
[30:52.660 --> 30:57.100] Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.100 --> 31:01.540] Well, now the Journal of the American Medical Association is confirming that cell phones
[31:01.540 --> 31:03.100] affect brain chemistry.
[31:03.100 --> 31:08.140] The study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.140 --> 31:11.820] to the cell phone antenna increases when the cell phone is on.
[31:11.820 --> 31:15.860] While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:15.860 --> 31:16.860] chances.
[31:16.860 --> 31:20.220] I always keep the phone far from my body, and I use a corded headset.
[31:20.220 --> 31:22.180] I'm Dr. Catherine Albrecht.
[31:22.180 --> 31:30.540] More news and information at CatherineAlbrecht.com.
[31:30.540 --> 31:31.540] I lost my son.
[31:31.540 --> 31:32.540] My nephew.
[31:32.540 --> 31:33.540] My son.
[31:33.540 --> 31:35.220] On September 11, 2001.
[31:35.220 --> 31:38.700] Most people don't know that a third tower fell on September 11.
[31:38.700 --> 31:42.900] World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.900 --> 31:48.740] Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.740 --> 31:52.540] and engineers have looked into the evidence and believe there is more to the story.
[31:52.540 --> 31:55.620] Bring justice to my son, my uncle, my nephew, my son.
[31:55.620 --> 31:57.860] Go to buildingwhat.org.
[31:57.860 --> 32:01.180] Why it fell, why it matters, and what you can do.
[32:01.180 --> 32:05.860] Logos Radio Network welcomes a new show to our lineup for the new year.
[32:05.860 --> 32:12.100] Scripture Talk with Nana will begin Wednesday, January 8, from 8 to 10 p.m. Central Time.
[32:12.100 --> 32:15.180] Our goal is in accord with Matthew 5.16.
[32:15.180 --> 32:20.220] Let your light so shine before men that they may see your good works and glorify your Father
[32:20.220 --> 32:21.740] which is in heaven.
[32:21.740 --> 32:26.580] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.580 --> 32:32.120] Join Nana and guests for both verse-by-verse Bible studies and topical Bible studies designed
[32:32.120 --> 32:35.260] to provoke unto love and good works.
[32:35.260 --> 32:39.620] Our verse-by-verse Bible studies will begin in the book of Matthew where we will discuss
[32:39.620 --> 32:41.420] one chapter per week.
[32:41.420 --> 32:46.480] Our topical Bible studies will vary each week and will explore sound doctrine as well as
[32:46.480 --> 32:48.700] Christian character development.
[32:48.700 --> 32:54.500] So mark your calendar and join us live on logosradionetwork.com Wednesdays from 8 to
[32:54.500 --> 33:01.500] 10 p.m. starting January 8 for an inspiring and motivating discussion of the Scriptures.
[33:24.500 --> 33:31.500] We'll be right back.
[33:54.500 --> 34:12.140] Okay, we are back.
[34:12.140 --> 34:20.500] Randy Kelton, Brett Fountain, Rule of Law Radio on this Friday the 13th, 2020.
[34:20.500 --> 34:25.060] That is March the 13th, 2020.
[34:25.060 --> 34:28.900] And when we went out, we were talking about this case in Houston.
[34:28.900 --> 34:37.280] What they were saying was that the methodology for setting bond where they had preset bonds
[34:37.280 --> 34:43.600] and they had this formula where they would look at criminal history and several factors
[34:43.600 --> 34:49.020] because they never had an actual bond hearing and that would have been done in an examining
[34:49.020 --> 34:51.820] trial.
[34:51.820 --> 35:00.160] And the city had all their drives wiped and the judge was really, really unhappy and he
[35:00.160 --> 35:02.100] hammered them.
[35:02.100 --> 35:08.020] They appealed it and the court of appeals sided with the judge.
[35:08.020 --> 35:09.820] So it's now law.
[35:09.820 --> 35:14.820] And now we've got a judge in Denton County doing examining trials.
[35:14.820 --> 35:19.020] Now they're not doing them for everything yet and I'm going to go down to Denton and
[35:19.020 --> 35:25.860] sit in on some of these examining trials to see how they actually do it.
[35:25.860 --> 35:30.580] And then I think they're beginning to do some in Dallas County.
[35:30.580 --> 35:34.460] So there's momentum picking up in this direction.
[35:34.460 --> 35:36.940] So we're in a good spot to push this forward.
[35:36.940 --> 35:41.820] I just talked to a lawyer a couple days ago and she said they were beginning to do that.
[35:41.820 --> 35:48.020] All right, are they just trying to do it for felonies right now and try to say it doesn't
[35:48.020 --> 35:50.060] apply to misdemeanors still?
[35:50.060 --> 35:51.860] That's what I'm going to test.
[35:51.860 --> 36:00.740] And if that's the case, I'll go to Denton County and give my presentation on that.
[36:00.740 --> 36:06.640] I've got a motion for preliminary hearing and I have an argument on that in there.
[36:06.640 --> 36:13.180] This is the argument I gave to the judge in Highland Park and you were there.
[36:13.180 --> 36:18.960] When after the case, he said that he represented in his day job, he represented criminal clients
[36:18.960 --> 36:21.140] and they've been trying to get examining trials.
[36:21.140 --> 36:25.800] He said, I could use that in my practice, that argument.
[36:25.800 --> 36:33.620] The argument was the courts are saying you only have a right to an examining trial before
[36:33.620 --> 36:37.460] indictment for a felony.
[36:37.460 --> 36:43.620] And when the judge told me that and I said, so what, what's that got to do with anything?
[36:43.620 --> 36:47.220] What does that have to do with anything?
[36:47.220 --> 36:52.980] And I said, I don't have a right to be arrested and I don't have a right to be thrown in jail,
[36:52.980 --> 36:55.580] but the law requires it.
[36:55.580 --> 37:05.780] And 14.03 or 14.06 directs a police officer or a peace officer when he arrests someone
[37:05.780 --> 37:11.860] for any reason, with or without a warrant, to take that person directly to the nearest
[37:11.860 --> 37:13.860] magistrate.
[37:13.860 --> 37:26.380] In 543.006, if you are cited for a traffic violation and you sign the, 543.002 says,
[37:26.380 --> 37:30.340] if you're arrested for a traffic violation, the officers to take you directly to the nearest
[37:30.340 --> 37:40.400] magistrate or if you signed a citation under 543.006, you sign an agreement to appear before
[37:40.400 --> 37:45.700] a magistrate, not a judge.
[37:45.700 --> 37:56.380] And that goes to chapter 16, 14.06 Texas penal code, Texas code of criminal procedures says
[37:56.380 --> 38:03.020] they are to take them directly to the nearest magistrate.
[38:03.020 --> 38:09.340] So that's due process and due process is something I do have a right to.
[38:09.340 --> 38:13.460] And that was the argument he said he could use in his practice where we may actually
[38:13.460 --> 38:16.300] begin to get examining trials happening.
[38:16.300 --> 38:21.380] Now I can go to the examining trials and we can do some instructions.
[38:21.380 --> 38:27.020] I had a similar, there was a judge that he didn't try to tell me I don't have a right
[38:27.020 --> 38:28.180] to an examining trial.
[38:28.180 --> 38:35.220] He tried to tell me that examining trials don't exist for a misdemeanor.
[38:35.220 --> 38:39.820] That examining trials only exist for felonies.
[38:39.820 --> 38:45.580] So I told him about, well, your owner, I asked you to take judicial notice of code of criminal
[38:45.580 --> 38:55.780] procedure 102.011 subsection D. Yes, they do exist.
[38:55.780 --> 39:01.580] Subsection D of that 102.011, would you like me to read it?
[39:01.580 --> 39:02.580] Yes.
[39:02.580 --> 39:07.380] It's talking about fees that get paid and who has to pay fees.
[39:07.380 --> 39:13.020] It says 102.011 subsection D, a defendant shall pay for the services of a sheriff or
[39:13.020 --> 39:20.100] constable who serves process and attends an examining trial in a felony or a misdemeanor
[39:20.100 --> 39:21.100] case.
[39:21.100 --> 39:28.020] The same reimbursement fees allowed for those services in the trial of a felony or misdemeanor,
[39:28.020 --> 39:30.980] not to exceed five bucks.
[39:30.980 --> 39:34.980] So it doesn't matter if it was a felony, a misdemeanor, if it was a trial or an examining
[39:34.980 --> 39:40.100] trial, dude gets five bucks.
[39:40.100 --> 39:44.180] So I told him, yes, it does exist.
[39:44.180 --> 39:49.540] Refer him to chapter 16, a whole chapter on the subject.
[39:49.540 --> 39:58.860] This thing they do, they call a magistration that only applies to an out of county arrest
[39:58.860 --> 40:03.700] on an existing warrant.
[40:03.700 --> 40:09.580] Otherwise they must take you directly to the nearest magistrate.
[40:09.580 --> 40:15.180] Anyway, we'll go back to those arguments another time.
[40:15.180 --> 40:19.420] Right now I'm after the judge.
[40:19.420 --> 40:27.940] So I've asked the attorney general to file against the judge with the Travis County grand
[40:27.940 --> 40:30.300] jury and this is going to be great.
[40:30.300 --> 40:35.700] I'm sure he's not going to do it, although he may.
[40:35.700 --> 40:36.700] You never know.
[40:36.700 --> 40:41.420] This is an election year and this is political.
[40:41.420 --> 40:42.980] The judge is a new judge.
[40:42.980 --> 40:43.980] He's appointed.
[40:43.980 --> 40:44.980] He wasn't elected.
[40:44.980 --> 40:47.260] So he's an easy mark.
[40:47.260 --> 40:56.140] The attorney general might want to make some political hay to show he's right.
[40:56.140 --> 41:02.300] He's a rule of law guy, even though he has a couple of felonies that they're prosecuting
[41:02.300 --> 41:03.300] on.
[41:03.300 --> 41:04.300] We'll ignore that part.
[41:04.300 --> 41:05.300] Oh my.
[41:05.300 --> 41:12.420] But it will also get me a shot at the chief justice and then I can sue them all in the
[41:12.420 --> 41:21.100] federal court and maybe get us some answers on access to grand juries.
[41:21.100 --> 41:23.480] But there was one thing.
[41:23.480 --> 41:34.060] You mentioned that you sent a request for bills and fees paid to court appointed counsel.
[41:34.060 --> 41:37.100] To whom did you send that?
[41:37.100 --> 41:40.940] Well I sent it to two different places.
[41:40.940 --> 41:49.340] In Wood County they have the county judge is one that got it and the district attorney
[41:49.340 --> 41:50.340] is the other one.
[41:50.340 --> 41:56.420] Like I said, I only sent it to elected officials, appointed officials or department heads.
[41:56.420 --> 42:02.300] And this was, I want to see all of the attorney fees, their bills and their payments that
[42:02.300 --> 42:06.220] have been made for the past three years.
[42:06.220 --> 42:07.220] Okay.
[42:07.220 --> 42:14.260] I'm going to suggest the comptroller of public accounts for the county.
[42:14.260 --> 42:18.780] He's the county's bean counter.
[42:18.780 --> 42:23.460] He's the one through whom all of those bills go.
[42:23.460 --> 42:24.460] Yes.
[42:24.460 --> 42:31.780] Well, the reason I sent it to them is because they should have those records since even
[42:31.780 --> 42:35.400] though it went through somebody else, they should have them.
[42:35.400 --> 42:40.140] But also I wanted them to know that I'm digging.
[42:40.140 --> 42:44.020] It was a psychological as much as I want to see the numbers.
[42:44.020 --> 42:46.340] So I want them to know that I'm digging.
[42:46.340 --> 42:48.360] And today, that was yesterday.
[42:48.360 --> 42:57.600] Today I sent another records request to the county auditor asking for the reports because
[42:57.600 --> 43:06.740] every court term before the county commissioner meets, by default four terms per year.
[43:06.740 --> 43:13.580] And before every term, the county auditor is required by law to furnish the county commissioners
[43:13.580 --> 43:15.180] with a report.
[43:15.180 --> 43:21.580] That report is the findings of their examinations of that whole office and all of their accounts
[43:21.580 --> 43:25.100] and their accuracy of everything.
[43:25.100 --> 43:28.780] So I asked for all of those covering a period of the last three years.
[43:28.780 --> 43:29.780] Interesting.
[43:29.780 --> 43:36.060] I'm going to have to do that to Wise County.
[43:36.060 --> 43:48.420] The county auditor, the auditor is the, what did I call him earlier, the comptroller.
[43:48.420 --> 43:51.660] The comptroller and auditor is the same guy.
[43:51.660 --> 43:53.700] He's the guy that keeps all the records.
[43:53.700 --> 43:54.700] Hang on.
[43:54.700 --> 44:00.700] Be right back.
[44:00.700 --> 44:06.180] Through advances in technology, our lives have greatly improved except in the area of
[44:06.180 --> 44:07.180] nutrition.
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[46:22.380 --> 46:51.780] Okay, we
[46:51.780 --> 46:52.780] are back.
[46:52.780 --> 46:57.300] Randy Kelton and Brett Fountain, Rule of Law Radio.
[46:57.300 --> 47:05.300] And there was one other thing you mentioned about how you, you know, talk about how much
[47:05.300 --> 47:08.980] fun it is to go after these guys.
[47:08.980 --> 47:12.700] And Brett, you had a comment about that I thought everybody should hear.
[47:12.700 --> 47:18.500] Well, yeah, I never did really understand or even agree.
[47:18.500 --> 47:21.060] I thought that's not fun.
[47:21.060 --> 47:24.620] Randy is having fun, but this is not fun.
[47:24.620 --> 47:30.660] Because when they're coming after me, you know, they're on me, they got some other crazy
[47:30.660 --> 47:31.660] document.
[47:31.660 --> 47:33.180] No, that's not lawful.
[47:33.180 --> 47:39.100] Ah, I feel betrayed, I feel the oppression, I have to stay up late, I have to read all
[47:39.100 --> 47:42.460] this boring stuff and try to figure out how to respond.
[47:42.460 --> 47:46.760] There's nothing that's laid out like a proper pathway for all these things and they keep
[47:46.760 --> 47:50.700] coming up with, you know, slightly different angles to come at you.
[47:50.700 --> 47:57.220] So you can't just learn step by step what to do to be free.
[47:57.220 --> 47:59.880] They're very creative with their errors.
[47:59.880 --> 48:03.420] And the way that they abuse us, it's not fun.
[48:03.420 --> 48:06.780] I know what it's like to feel under it.
[48:06.780 --> 48:13.060] So for a long time, I couldn't understand what you mean, fun, Randy is sadistic, I don't
[48:13.060 --> 48:20.020] understand it, but he just is a different kind of fun.
[48:20.020 --> 48:28.060] And it's different when they're not after you, like I'm helping a friend in this county
[48:28.060 --> 48:32.820] or I'm helping somebody with a municipality over there or this and that and I'm not feeling
[48:32.820 --> 48:38.340] the weight of it, I just get to notice how they have to scurry around when you throw
[48:38.340 --> 48:42.340] the law at them and then they don't know what to do with it and they're the lawyers, they're
[48:42.340 --> 48:46.560] supposed to know what to do right the first time, they shouldn't have to be told.
[48:46.560 --> 48:49.180] But then when they are told, they have to scurry around and come up with these really
[48:49.180 --> 48:54.900] lame excuses and you just have to laugh because, wow, that's a really lame excuse, you should
[48:54.900 --> 49:03.180] have done your job right and you start reaching around, you know who to talk to and if this
[49:03.180 --> 49:08.060] person does that, well then you reach out to the county auditor, for example.
[49:08.060 --> 49:11.900] And it is kind of fun to imagine that you've given them something to talk about on a Friday
[49:11.900 --> 49:18.300] afternoon, especially Friday the 13th, it's my favorite day to send things like this.
[49:18.300 --> 49:24.780] You know, Brett was complaining earlier, excuse me, he was complaining earlier because he
[49:24.780 --> 49:31.500] was running out of time and he wanted to get all these documents in on Friday the 13th
[49:31.500 --> 49:36.380] just as a symbolic gesture.
[49:36.380 --> 49:42.620] So that was cool and yeah, when they were coming after me, it was horrible and I fully
[49:42.620 --> 49:48.780] understand how difficult it is when they're coming after you for your liberty.
[49:48.780 --> 49:54.400] And if you listen to my show a lot, you'll hear that I take a different tact with someone
[49:54.400 --> 49:57.100] whose liberty is at risk.
[49:57.100 --> 50:05.180] I don't ask them to go do the things I'm doing unless that's their path to liberty.
[50:05.180 --> 50:12.620] I had someone recently who's emailing me and the judge just took away his rights to
[50:12.620 --> 50:17.220] see his kids, said don't fight that guy.
[50:17.220 --> 50:18.780] This is about your kids.
[50:18.780 --> 50:21.020] Get access to your kids first.
[50:21.020 --> 50:24.940] When you get all of that taken care of, you can come back and go after the judge then
[50:24.940 --> 50:30.460] if you want to, but don't fight this fight now.
[50:30.460 --> 50:33.660] Keep your priorities straight.
[50:33.660 --> 50:41.980] When Ralph was in Georgia, it was about an issue in Tennessee, they dismissed all the
[50:41.980 --> 50:44.340] charges against him.
[50:44.340 --> 50:46.460] Now he's going back after him.
[50:46.460 --> 50:52.540] Now that's cool, but before they dismissed the charges against him, he wasn't so happy,
[50:52.540 --> 50:57.580] he wasn't so aggressive because his liberty was at stake.
[50:57.580 --> 51:01.600] But he handled himself well and got everything dismissed.
[51:01.600 --> 51:06.640] Now he finds out how much fun it can be.
[51:06.640 --> 51:12.340] But if you have your liberty at risk, first clear your liberty.
[51:12.340 --> 51:19.900] No matter how much conviction you have about doing the right thing for the right reason,
[51:19.900 --> 51:27.900] you will be of no benefit to the legal reform community while you're sitting in jail.
[51:27.900 --> 51:31.740] You can be of benefit to us when you're out here where you can actually get something
[51:31.740 --> 51:32.740] done.
[51:32.740 --> 51:36.140] So don't go to jail over ideals.
[51:36.140 --> 51:39.780] Clear your liberty first, then you go back after him.
[51:39.780 --> 51:44.780] Okay, that's my story on that and I'm sticking to it.
[51:44.780 --> 51:48.580] Our call-in number is 512-646-1984.
[51:48.580 --> 51:54.500] We don't have any callers tonight, I'm not sure why, but we're...
[51:54.500 --> 51:58.000] Are you sure that you pushed that button?
[51:58.000 --> 52:03.940] I am certain because I called the phone bridge from my cell phone and it went through.
[52:03.940 --> 52:06.920] And I came up on the bridge, so I know the bridge is working.
[52:06.920 --> 52:10.580] So we've got about six minutes left in this segment.
[52:10.580 --> 52:21.900] When we come back on the other side, I'm in my legal 101 book that I wrote.
[52:21.900 --> 52:24.900] I'm going to pick a topic out of there and go over that.
[52:24.900 --> 52:30.860] I went through common fallacies of law a number of times.
[52:30.860 --> 52:36.340] I think I'll go to the next on how to think about court.
[52:36.340 --> 52:48.440] We are conditioned throughout our developing years and in school to think about this system
[52:48.440 --> 52:50.780] in a certain way.
[52:50.780 --> 52:57.620] And every time I talk about this, I think about the lyrics in Paul Simon's song about
[52:57.620 --> 53:01.180] Kodachrome.
[53:01.180 --> 53:08.580] After all the crap I learned in high school, it's a wonder I can think it all.
[53:08.580 --> 53:15.580] Well, all that stuff they taught you about civics in high school, it was all a bunch
[53:15.580 --> 53:17.420] of crap.
[53:17.420 --> 53:20.020] It would be nice if it actually worked that way.
[53:20.020 --> 53:25.120] I mean, they talk about an ideal system.
[53:25.120 --> 53:29.780] The problem is we don't have an ideal system.
[53:29.780 --> 53:34.540] Nobody has an ideal system that I've ever seen.
[53:34.540 --> 53:41.260] We won't have ideal systems so long as those systems are governed and orchestrated by human
[53:41.260 --> 53:42.260] beings.
[53:42.260 --> 53:48.580] Anybody who listens to the show knows I'm not particularly religious, but I'm not
[53:48.580 --> 53:50.300] anti-religion either.
[53:50.300 --> 54:02.900] God, if there is a God, if He in fact created human beings, He created us horribly flawed.
[54:02.900 --> 54:07.100] And if He is there, I'm sure He did that on purpose.
[54:07.100 --> 54:10.180] Because if we were perfect, what would be the point?
[54:10.180 --> 54:17.160] How could we grow and advance in the Spirit if we were perfect already?
[54:17.160 --> 54:21.460] So He made us flawed, and we have to understand human beings are flawed.
[54:21.460 --> 54:30.540] We can create a public system and it will get messed up because human beings are human
[54:30.540 --> 54:32.540] beings.
[54:32.540 --> 54:40.620] So I have a whole section on how to think about the courts.
[54:40.620 --> 54:44.020] They don't work the way you think they do.
[54:44.020 --> 54:51.520] I don't want to start on this side of the segment, because I want this so that we have
[54:51.520 --> 54:53.260] it as an archive.
[54:53.260 --> 54:59.040] I want to start doing a couple hours a week.
[54:59.040 --> 55:02.580] I had been considering this for a while.
[55:02.580 --> 55:11.460] Only doing two hours with call-ins, and then after that I'll do two hours of presenting
[55:11.460 --> 55:19.780] these different subjects so that we build a set of archives that we can set up as YouTube
[55:19.780 --> 55:25.540] audios so people can listen to these and go over them.
[55:25.540 --> 55:33.380] Because what we're talking about is different than what you're used to hearing, and it's
[55:33.380 --> 55:41.020] a whole different paradigm than what you've been taught in school and by your parents
[55:41.020 --> 55:46.480] and all of these people who don't really know how the system works, that it takes a bit
[55:46.480 --> 55:50.700] to get your head wrapped around how it really works.
[55:50.700 --> 55:56.360] If I create these audios and you can go over them a few times, after you've listened to
[55:56.360 --> 55:59.700] them a few times, the pieces start stitching together.
[55:59.700 --> 56:03.820] We do have Scott on the line.
[56:03.820 --> 56:08.020] Scott, did you call in to be aggravating?
[56:08.020 --> 56:09.500] Of course I did.
[56:09.500 --> 56:10.500] Well, good.
[56:10.500 --> 56:18.780] It's Friday the 13th, trying to give you some grief.
[56:18.780 --> 56:20.620] What do you have for us today?
[56:20.620 --> 56:23.740] Well, I was just listening to you.
[56:23.740 --> 56:28.460] I thought you didn't turn the phone on for a while because you wanted to hear your head
[56:28.460 --> 56:29.460] rattle.
[56:29.460 --> 56:37.140] Listening to it was pretty good because dissecting it down, kind of like that bull on it down
[56:37.140 --> 56:43.620] and some of these courts starting to pay attention to examining trials is some of the things
[56:43.620 --> 56:50.460] that we've been kind of pushing towards and also these information requests.
[56:50.460 --> 56:58.820] It seems to me we need to probably do more information requests because I'm all about
[56:58.820 --> 57:07.780] these DAs and stuff that are acting out of scope of office and not doing all this training
[57:07.780 --> 57:08.980] and all this stuff.
[57:08.980 --> 57:15.540] When you were talking about the court clerk, I think you misspoke just a little bit because
[57:15.540 --> 57:19.300] you go after the judge for not training, not the clerk.
[57:19.300 --> 57:20.300] You don't go after the clerk.
[57:20.300 --> 57:25.540] You go after the judge for not training the court clerk.
[57:25.540 --> 57:33.100] I wanted to go after the clerk because the clerk is the one that performed the act.
[57:33.100 --> 57:37.860] So it would be inappropriate to not go after the clerk because the clerk is the one that
[57:37.860 --> 57:41.220] committed the crime, not the judge.
[57:41.220 --> 57:46.140] But now the judge is also culpable because he didn't train the clerk.
[57:46.140 --> 57:53.340] So the reason I did it that way is I want to be able to say, yeah, clerk, I know you
[57:53.340 --> 57:59.260] screwed it up, but I also understand it wasn't your fault because the judge is supposed to
[57:59.260 --> 58:04.580] train you so that you wouldn't have this problem and he didn't.
[58:04.580 --> 58:05.780] So he's the problem.
[58:05.780 --> 58:08.620] So throw him under the bus for us.
[58:08.620 --> 58:09.620] That's right.
[58:09.620 --> 58:14.340] Now, but this is where we're going to all this stuff is training.
[58:14.340 --> 58:21.940] I mean, it's almost like you can start just quizzing the chief of police on, you know,
[58:21.940 --> 58:27.380] to an information request to them, just ask them, Hey, what do you know about Brady training?
[58:27.380 --> 58:29.220] Have you had any Brady training?
[58:29.220 --> 58:34.140] When's the last time you met with the DA, you know, to hold a Brady training with you
[58:34.140 --> 58:40.020] and your officers to make sure that they are remain in compliance.
[58:40.020 --> 58:41.020] When have you done?
[58:41.020 --> 58:42.020] Okay.
[58:42.020 --> 58:43.020] Hey, hang on.
[58:43.020 --> 58:44.020] Hang on.
[58:44.020 --> 58:45.020] We're about to go to our sponsors.
[58:45.020 --> 59:13.260] Randy, Kelton, Brett fountain, rule of law radio, we'll be right back.
[59:13.260 --> 59:18.660] We'll be right back.
[59:18.660 --> 59:22.940] Chapter by chapter, basic elements of the Christian life clearly presents God's plan
[59:22.940 --> 59:28.900] of salvation growing in Christ and how to build up the church to order your free new
[59:28.900 --> 59:35.340] Testament recovery version and basic elements of the Christian life call bibles for America
[59:35.340 --> 59:51.180] toll free at 888-551-0102, that's 888-551-0102, or visit us online at bfa.org.
[59:51.180 --> 01:00:00.620] Live free speech radio, logosradionetwork.com.
[01:00:00.620 --> 01:00:06.620] The following news flash is brought to you by the Lone Star Lowdown.
[01:00:06.620 --> 01:00:11.820] Markets for Monday, the 22nd of July 2019 open with precious metals, gold at $1,429
[01:00:11.820 --> 01:00:20.820] an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel,
[01:00:20.820 --> 01:00:29.100] Brent crude $62.47 a barrel, and cryptos in order of market cap, bitcoin core $10,566.52,
[01:00:29.100 --> 01:00:40.500] ethereum $227.26, xrp ripple $0.33, litecoin $100.31, and bitcoin cash is at $324.10 a
[01:00:40.500 --> 01:00:42.500] crypto coin.
[01:00:42.500 --> 01:00:52.220] Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb was detonated
[01:00:52.220 --> 01:00:57.580] on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[01:00:57.580 --> 01:01:04.540] 10 and injuring 40.
[01:01:04.540 --> 01:01:09.220] In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp and
[01:01:09.220 --> 01:01:13.860] a Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:01:13.860 --> 01:01:17.860] and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:01:17.860 --> 01:01:22.540] new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.540 --> 01:01:24.620] to test the herb for THC.
[01:01:24.620 --> 01:01:28.260] Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:01:28.260 --> 01:01:33.180] she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:33.180 --> 01:01:34.180] law.
[01:01:34.180 --> 01:01:37.420] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:01:37.420 --> 01:01:41.920] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:41.920 --> 01:01:48.060] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:01:48.060 --> 01:01:54.300] well as other cities too, like the District Attorney in El Paso, Jaime Esparza, a Democrat
[01:01:54.300 --> 01:01:58.820] who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:58.820 --> 01:02:01.540] prosecution of marijuana cases in El Paso.
[01:02:01.540 --> 01:02:06.580] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.580 --> 01:02:10.580] in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.580 --> 01:02:13.300] something illegal based on its chemical makeup.
[01:02:13.300 --> 01:02:17.220] It's important that if someone is charged with something, the test matches what they're
[01:02:17.220 --> 01:02:22.420] charged with.
[01:02:22.420 --> 01:02:27.740] A paper by Tulane University identified a 5.5-inch American pocket shark as the first
[01:02:27.740 --> 01:02:33.420] of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured
[01:02:33.420 --> 01:02:39.100] or recorded, with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.100 --> 01:02:43.600] According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.600 --> 01:02:45.460] its front fins.
[01:02:45.460 --> 01:02:53.660] For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:53.660 --> 01:03:22.260] This is Brooke Brody with your Lowdown for July 22, 2019.
[01:03:23.660 --> 01:03:52.900] Okay, we are back.
[01:03:52.900 --> 01:03:59.660] Brandon Kelton, Brett Fountain, Lou LaValle Radio, and I feel like I'm in luxury today.
[01:03:59.660 --> 01:04:02.340] I got myself a producer.
[01:04:02.340 --> 01:04:07.140] We've got Brett producing the show today, so I don't have to worry about getting all
[01:04:07.140 --> 01:04:14.260] those buttons right or muting Scott.
[01:04:14.260 --> 01:04:18.700] Okay, Scott, you are unmuted.
[01:04:18.700 --> 01:04:25.660] And since we've got two callers, I will go for another hour before I go into my diatribe.
[01:04:25.660 --> 01:04:32.380] Oh, man, I feel so special now.
[01:04:32.380 --> 01:04:36.060] So lucky, you know.
[01:04:36.060 --> 01:04:45.420] What I really want to talk about is how to write legal documents, mental flow, and that's
[01:04:45.420 --> 01:04:56.340] a good topic because really so many people want to throw superfluous information in the
[01:04:56.340 --> 01:05:03.220] document and if they just do the statement of facts and base everything off that and
[01:05:03.220 --> 01:05:10.020] then they can just expound just a little bit off that if they need to to create a narrative.
[01:05:10.020 --> 01:05:18.860] One of the things that I had to go through the process of learning was how to put together
[01:05:18.860 --> 01:05:27.860] that flow and then make the transitions and not be redundant and repeat repetitive on
[01:05:27.860 --> 01:05:29.100] certain things.
[01:05:29.100 --> 01:05:36.540] That way less is more is what I'm getting at and so when you can shorten your documents
[01:05:36.540 --> 01:05:41.180] out make it concise it's really powerful.
[01:05:41.180 --> 01:05:48.340] I just had someone send me a document today and I looked at it first thing I did was went
[01:05:48.340 --> 01:05:57.500] through and put a heading on every single paragraph and I used the heading to essentially
[01:05:57.500 --> 01:06:01.180] describe what was in the paragraph.
[01:06:01.180 --> 01:06:09.860] In trying to write well-crafted easily understandable documents that is probably the best thing
[01:06:09.860 --> 01:06:10.860] you can do.
[01:06:10.860 --> 01:06:17.220] You can take those out later if you want but when you go through these documents especially
[01:06:17.220 --> 01:06:26.620] if you have a really large document with a lot of issues your issues tend to be interrelated.
[01:06:26.620 --> 01:06:32.380] So when you try to talk about one issue you got facts from that go to other issues that
[01:06:32.380 --> 01:06:39.460] are also involved in this so you wind up arguing the same things two or three different times
[01:06:39.460 --> 01:06:44.220] and in different ways and that gets you problems.
[01:06:44.220 --> 01:06:49.500] So you go down and put headings and don't try to come up with clever headings look at
[01:06:49.500 --> 01:06:56.320] the paragraph and make a heading that tells the reader this is what we're going to tell
[01:06:56.320 --> 01:07:01.140] you in this paragraph and with really big documents you'll find yourself putting the
[01:07:01.140 --> 01:07:05.580] same heading in there more than once.
[01:07:05.580 --> 01:07:12.040] That's an oops then when you back up and look at the table of contents there you see this
[01:07:12.040 --> 01:07:16.780] heading appear two or three times then you go back and look at that and say okay how
[01:07:16.780 --> 01:07:22.380] can I take these three arguments turn them into one argument and then when I come to
[01:07:22.380 --> 01:07:28.780] this issue again refer back to that argument then your document gets very consistent and
[01:07:28.780 --> 01:07:39.820] concise and with headings they take up extra space they add more white space to the page
[01:07:39.820 --> 01:07:44.460] so it's easier for a human being to read it when there's a lot more white space.
[01:07:44.460 --> 01:07:50.180] You know I have people if they have a criminal issue first thing I want them to do is read
[01:07:50.180 --> 01:07:57.340] the penal code and they hold up the book and they see this huge book look at all that stuff
[01:07:57.340 --> 01:08:02.700] but when you open it up and look at it it's all outlined so there's lots and lots of white
[01:08:02.700 --> 01:08:11.740] space not anywhere near as much stuff there as you think and because everything has headings
[01:08:11.740 --> 01:08:21.000] on it you always know precisely where you are within the context of the document or
[01:08:21.000 --> 01:08:30.660] page that you're reading so first thing in writing legal documents is put a paragraph
[01:08:30.660 --> 01:08:36.740] heading on every paragraph and then never make a proactive statement of law out of your
[01:08:36.740 --> 01:08:45.300] own mouth one of the hardest habits for us to overcome what are supposed to do this the
[01:08:45.300 --> 01:08:52.040] law says they should do that and blah blah blah well that means nothing to the court
[01:08:52.040 --> 01:08:58.540] the court only is their only duty is to determine the facts in accordance to the rules of evidence
[01:08:58.540 --> 01:09:03.220] and apply the law as it comes to him to the facts in the case when you say the court is
[01:09:03.220 --> 01:09:09.060] supposed to do this and the law says that the judge will pay no attention to it but
[01:09:09.060 --> 01:09:22.180] if you say the court said in scott versus jackbooted thug this make your proactive statements
[01:09:22.180 --> 01:09:28.940] of law out of the mouth of the court then the judge can hear you if it's out of your
[01:09:28.940 --> 01:09:35.220] own mouth he can't hear you he'll sit there and he will look interested and he will look
[01:09:35.220 --> 01:09:42.420] as though he's paying he's paying rapt attention to everything you're saying but he's not it's
[01:09:42.420 --> 01:09:49.940] not his place to tell you that you're making a frivolous argument or an argument without
[01:09:49.940 --> 01:09:56.180] merit because you provide no law he's going to let you screw up if you want to this goes
[01:09:56.180 --> 01:10:01.180] to one of our other rules is never interfere with someone when they're screwing up okay
[01:10:01.180 --> 01:10:08.940] i won't get launched too far on that but i do definitely agree with you scott about if
[01:10:08.940 --> 01:10:15.700] you can make your document short then it's like it hits home it's i think you know i
[01:10:15.700 --> 01:10:21.100] don't have enough uh hundreds and hundreds of documents that i can make some empirical
[01:10:21.100 --> 01:10:25.580] proof on this but it sure seems like you get a better response like they actually read
[01:10:25.580 --> 01:10:35.080] it if it's really short and that's not just judges that is that goes to human beings in
[01:10:35.080 --> 01:10:44.660] order to make it short you have to carefully craft your arguments you have to pay attention
[01:10:44.660 --> 01:10:54.700] to every single word my library on how to write well was two shelves eight feet long
[01:10:54.700 --> 01:11:02.440] and the only thing i found out in there that was a really great value was a number of them
[01:11:02.440 --> 01:11:15.120] said make sure every single word is working if you can take a word out or a phrase out
[01:11:15.120 --> 01:11:23.740] and the reader can read your content and come to the same outcome leave it out i have taken
[01:11:23.740 --> 01:11:34.540] out what i consider to be very elegant oratory but no matter how cool i think the oratory
[01:11:34.540 --> 01:11:43.820] is if i can't show that it's leading that if i take it out something will be lost then
[01:11:43.820 --> 01:11:51.840] i have to take it out make sure it's necessary every word must be working and of all of that
[01:11:51.840 --> 01:12:00.740] reading that was probably the single most valuable piece that i got out of all of it
[01:12:00.740 --> 01:12:06.340] and then the other one was about assonance consonants alliteration rhyme and meter there's
[01:12:06.340 --> 01:12:14.420] a book called four genres it was tough it's about poetry and prose wait wait consonants
[01:12:14.420 --> 01:12:22.540] and what assonance consonants assonance and consonants are both forms of alliteration
[01:12:22.540 --> 01:12:30.460] okay you've got a little alliteration that's rhyming vowels and consonant alliteration
[01:12:30.460 --> 01:12:37.740] that's rhyming consonants am i supposed to make the audio beep when you say those words
[01:12:37.740 --> 01:12:48.060] rhyme rings in the mind it rings sing song in the mind but if if i say fast and furious
[01:12:48.060 --> 01:12:57.660] rhyme rhymes the the last syllable in a word assonance rhymes a syllable other than the
[01:12:57.660 --> 01:13:07.940] last syllable like fast and furious that's not rhyme but it rings in the mind in a way
[01:13:07.940 --> 01:13:17.820] that rhyme does not assonance is really powerful and another thing that's really powerful is
[01:13:17.820 --> 01:13:27.740] meter i once wrote a letter to the chief of police in fort worth and i was doing some
[01:13:27.740 --> 01:13:36.740] work on how to to get better at meter most everyone knows what an iambic pentameter is
[01:13:36.740 --> 01:13:41.340] and that's where you have five syllable sounds four syllable sounds five syllable sounds
[01:13:41.340 --> 01:13:51.980] four syllable sounds it's not words but syllable sounds uh sophisticated sophisticated five
[01:13:51.980 --> 01:13:58.620] syllables so you count the syllable sounds in a sentence go through your narrative and
[01:13:58.620 --> 01:14:05.700] count all the syllable sounds in the sentences and then make a high average and a low average
[01:14:05.700 --> 01:14:12.240] and then readjust your sentences so that the first sentence has maybe a low average the
[01:14:12.240 --> 01:14:18.320] second sentence a high average the next one a low the next one a high consciously you
[01:14:18.320 --> 01:14:28.720] don't see that but the brain does da da da da da da da da da da da da da da da da da
[01:14:28.720 --> 01:14:32.100] da da da, da da da, da da da, da da da da, da da da.
[01:14:32.100 --> 01:14:36.980] The brain picks up the internal cadence.
[01:14:36.980 --> 01:14:41.780] If you make every sentence land right on the cadence,
[01:14:42.860 --> 01:14:45.300] it just locks the brain into it.
[01:14:45.300 --> 01:14:46.820] When I got this finished,
[01:14:46.820 --> 01:14:49.340] I gave it to a number of people to read it.
[01:14:49.340 --> 01:14:54.260] Every single one read this page-and-a-half document,
[01:14:54.260 --> 01:14:56.920] start to finish without stopping.
[01:14:56.920 --> 01:15:02.660] Generally, when I have someone critique a piece of my work, they will stop all over
[01:15:02.660 --> 01:15:07.640] the place and make criticisms or suggestions.
[01:15:07.640 --> 01:15:10.680] But this one, they read from start to finish.
[01:15:10.680 --> 01:15:15.760] And that's because they got the cadence stuck in their brain.
[01:15:15.760 --> 01:15:21.940] And they had to see, make sure that each sentence landed on the mark.
[01:15:21.940 --> 01:15:23.920] So it just sucked them right in there.
[01:15:23.920 --> 01:15:32.080] There are some very powerful tools that go right past the conscious aspect of the brain.
[01:15:32.080 --> 01:15:38.640] And it goes technically to how prose is effectively structured.
[01:15:38.640 --> 01:15:41.000] I am not one much for poetry.
[01:15:41.000 --> 01:15:43.400] I've never liked poetry.
[01:15:43.400 --> 01:15:51.820] But poetry teaches you about assonance, consonance, alliteration, rhyme and meter.
[01:15:51.820 --> 01:15:58.760] You do a few poems and you get the feel for setting like an iambic pentameter, five syllable
[01:15:58.760 --> 01:16:02.240] sounds, four syllable sounds, five, four, five, four.
[01:16:02.240 --> 01:16:03.560] You get used to that.
[01:16:03.560 --> 01:16:05.280] Your prose becomes much more effective.
[01:16:05.280 --> 01:16:11.400] And I got lots of other tools that go to neuro-linguistic programming, pacing, leading, reality stacking,
[01:16:11.400 --> 01:16:17.000] analog marking, pattern interruption, got some really cool tools.
[01:16:17.000 --> 01:16:19.640] But we won't get to those today.
[01:16:19.640 --> 01:16:22.760] But now, do we have anything else for you?
[01:16:22.760 --> 01:16:23.760] Scott?
[01:16:23.760 --> 01:16:25.760] No, no, I'm good.
[01:16:25.760 --> 01:16:29.920] I'll let you get to the next caller.
[01:16:29.920 --> 01:16:30.920] Okay.
[01:16:30.920 --> 01:16:32.560] I've got one more caller.
[01:16:32.560 --> 01:16:36.080] I've got, don't have a name.
[01:16:36.080 --> 01:16:39.540] I have Nassau, New York.
[01:16:39.540 --> 01:16:47.080] Who do we have in Nassau, New York?
[01:16:47.080 --> 01:16:53.320] Well, it seems like whoever's from Nassau, New York, I put them to sleep.
[01:16:53.320 --> 01:16:58.720] If you have called into the show and you are listening on the calling line, you're the
[01:16:58.720 --> 01:17:00.220] only one there.
[01:17:00.220 --> 01:17:05.540] Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[01:17:05.540 --> 01:17:09.020] Stop debt collectors now with the Michael Meris proven method.
[01:17:09.020 --> 01:17:13.340] Michael Meris has won six cases in federal court against debt collectors and now you
[01:17:13.340 --> 01:17:14.660] can win too.
[01:17:14.660 --> 01:17:19.160] You'll get step-by-step instructions in plain English on how to win in court using federal
[01:17:19.160 --> 01:17:24.940] civil rights statutes, what to do when contacted by phone, mail or court summons, how to answer
[01:17:24.940 --> 01:17:29.560] letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[01:17:29.560 --> 01:17:33.780] financial tables on them and make them pay you to go away.
[01:17:33.780 --> 01:17:38.900] The Michael Meris proven method is the solution for how to stop debt collectors.
[01:17:38.900 --> 01:17:41.040] Personal consultation is available as well.
[01:17:41.040 --> 01:17:46.580] For more information, please visit RuleOfLawRadio.com and click on the blue Michael Meris banner
[01:17:46.580 --> 01:17:49.580] or email MichaelMeris at Yahoo.com.
[01:17:49.580 --> 01:17:59.380] That's RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com to learn how to stop debt collectors
[01:17:59.380 --> 01:18:00.380] now.
[01:18:00.380 --> 01:18:01.380] I love logos.
[01:18:01.380 --> 01:18:04.540] Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.540 --> 01:18:07.420] I'm so addicted to the truth now that there's no going back.
[01:18:07.420 --> 01:18:08.420] I need my truth fixed.
[01:18:08.420 --> 01:18:13.300] I'd be lost without logos and I really want to help keep this network on the air.
[01:18:13.300 --> 01:18:17.060] I'd love to volunteer as a show producer, but I'm a bit of a luddite and I really don't
[01:18:17.060 --> 01:18:20.460] have any money to give because I spend it all on supplements.
[01:18:20.460 --> 01:18:22.020] How can I help logos?
[01:18:22.020 --> 01:18:24.020] Well, I'm glad you asked.
[01:18:24.020 --> 01:18:26.900] Whenever you order anything from Amazon, you can help logos.
[01:18:26.900 --> 01:18:29.380] You can order your supplies or holiday gifts.
[01:18:29.380 --> 01:18:31.460] First thing you do is clear your cookies.
[01:18:31.460 --> 01:18:37.860] Now go to LogosRadioNetwork.com, click on the Amazon logo and bookmark it.
[01:18:37.860 --> 01:18:43.500] Now when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:18:43.500 --> 01:18:44.500] Do I pay extra?
[01:18:44.500 --> 01:18:45.500] No.
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[01:18:47.180 --> 01:18:48.180] No.
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[01:18:49.180 --> 01:18:50.180] No.
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[01:18:51.180 --> 01:18:55.780] Wow, giving without doing anything or spending any money, this is perfect.
[01:18:55.780 --> 01:18:56.780] Thank you so much.
[01:18:56.780 --> 01:18:57.780] You're welcome.
[01:18:57.780 --> 01:18:58.780] Happy holidays, Logos.
[01:18:58.780 --> 01:19:05.780] This is the Logos Radio Network.
[01:19:05.780 --> 01:19:33.780] Hey, you're watching the Logos Radio Network.
[01:19:33.780 --> 01:19:51.540] Okay.
[01:19:51.540 --> 01:19:52.540] We are back.
[01:19:52.540 --> 01:19:56.100] Randy Kelton, Brett Fountain, Rule of the Radio.
[01:19:56.100 --> 01:20:03.060] We get a beep when we come in and go out and I just got a beep there that blew out my eardrum
[01:20:03.060 --> 01:20:08.060] and I've only got one, so I kind of stuttered coming in.
[01:20:08.060 --> 01:20:09.460] We'll blame that on the producer.
[01:20:09.460 --> 01:20:12.300] You know how these producers are.
[01:20:12.300 --> 01:20:15.020] Okay.
[01:20:15.020 --> 01:20:20.660] Somehow Tina jumped up over Nassau, New York, but Nassau, New York didn't answer anyway.
[01:20:20.660 --> 01:20:23.860] So I'm going to Tina in California.
[01:20:23.860 --> 01:20:24.860] Hello Tina.
[01:20:24.860 --> 01:20:25.860] Hello, Randy.
[01:20:25.860 --> 01:20:26.860] How are you?
[01:20:26.860 --> 01:20:27.860] I am good.
[01:20:27.860 --> 01:20:28.860] Good.
[01:20:28.860 --> 01:20:38.700] What do you have for us today?
[01:20:38.700 --> 01:20:44.580] Regarding my friend, James, I'm working on his attorney complaint.
[01:20:44.580 --> 01:20:48.060] I was going to do it today, but then I got called into Trader Joe's to pick up all the
[01:20:48.060 --> 01:20:49.060] food.
[01:20:49.060 --> 01:20:52.060] The food bank's closed because of the coronavirus.
[01:20:52.060 --> 01:20:55.700] That was my day shot.
[01:20:55.700 --> 01:20:58.500] Everyone's panicking here.
[01:20:58.500 --> 01:21:10.340] But he said, you know, they had a deposition with this particular party from the bank and
[01:21:10.340 --> 01:21:19.380] his attorney deposed this witness and then the bank said, well, we're going to depose
[01:21:19.380 --> 01:21:25.500] our own witness with video and James could not go to it because they held it five hours
[01:21:25.500 --> 01:21:26.500] away.
[01:21:26.500 --> 01:21:29.620] There's no way he could get there.
[01:21:29.620 --> 01:21:36.820] So they had a deposition, she was obviously sworn, and now they've done their own deposition
[01:21:36.820 --> 01:21:41.260] on their own witness, which to me, that would be coaching the witness.
[01:21:41.260 --> 01:21:49.860] I think you said something about how he could try to eliminate that from any trial.
[01:21:49.860 --> 01:21:57.100] Because if someone's already, you know, been deposed, they can't change their testimony,
[01:21:57.100 --> 01:21:58.100] right?
[01:21:58.100 --> 01:22:03.340] They can't say, well, I didn't understand or I misheard or something.
[01:22:03.340 --> 01:22:08.900] No, once they've been deposed, that's under oath.
[01:22:08.900 --> 01:22:16.740] If facts come out later, then whatever they said in the deposition they're stuck with,
[01:22:16.740 --> 01:22:20.340] it becomes collateral estoppel.
[01:22:20.340 --> 01:22:21.780] It's collateral estoppel.
[01:22:21.780 --> 01:22:26.740] But if they've just done their own deposition under videotape, whereas the other one was
[01:22:26.740 --> 01:22:31.380] just with a court reporter, and they want to bring that in, which obviously is going
[01:22:31.380 --> 01:22:35.340] to be different, otherwise, why would they want to change it?
[01:22:35.340 --> 01:22:41.580] And why would you depose your own witness?
[01:22:41.580 --> 01:22:53.820] Well, if they depose their own witness, then the deposition becomes an affidavit.
[01:22:53.820 --> 01:22:59.260] It's entered as a verified statement.
[01:22:59.260 --> 01:23:04.940] So whatever is in their statement, they are bound to.
[01:23:04.940 --> 01:23:11.340] But I don't see where it makes much difference.
[01:23:11.340 --> 01:23:14.700] They could take a statement from their witness.
[01:23:14.700 --> 01:23:21.980] I don't know why they would go through the song and dance of doing a deposition.
[01:23:21.980 --> 01:23:29.060] You tend to only depose an opposing witness.
[01:23:29.060 --> 01:23:34.600] If he's your witness, you can get a statement from him.
[01:23:34.600 --> 01:23:37.940] So they're just trying to charge their client more money.
[01:23:37.940 --> 01:23:43.620] Well, I think that she said something that was a little damaging to them in the first
[01:23:43.620 --> 01:23:44.620] deposition.
[01:23:44.620 --> 01:23:48.980] So they now want to change what she said.
[01:23:48.980 --> 01:23:50.540] I don't think so.
[01:23:50.540 --> 01:23:55.340] If they've already filed it in the court, you can object.
[01:23:55.340 --> 01:24:00.780] You want to see a transcript of the deposition before you get to court or you want to copy
[01:24:00.780 --> 01:24:13.380] the deposition so that you can compare the second deposition to the first deposition.
[01:24:13.380 --> 01:24:24.620] That would actually go to eliminating the problem with perjury.
[01:24:24.620 --> 01:24:29.280] If they need to hear what the statement is.
[01:24:29.280 --> 01:24:41.420] If it is a statement of a type where the speaker would not necessarily have had clear information
[01:24:41.420 --> 01:24:48.520] in front of them and they spoke to what they believed a fact is rather than what they were
[01:24:48.520 --> 01:24:51.700] certain a fact was.
[01:24:51.700 --> 01:24:55.760] Then they checked their facts and found that they were mistaken.
[01:24:55.760 --> 01:25:00.380] They can come back and correct that fact.
[01:25:00.380 --> 01:25:07.460] If they don't correct the fact and you demonstrate that it's wrong, then it's perjury.
[01:25:07.460 --> 01:25:13.980] But if they correct the fact before it becomes evident that it's a false fact, then it's
[01:25:13.980 --> 01:25:16.240] not perjury.
[01:25:16.240 --> 01:25:18.580] But it depends on what it is.
[01:25:18.580 --> 01:25:27.180] If this is a situation where the witness told the truth and that's most likely what it is,
[01:25:27.180 --> 01:25:30.420] but the truth turned out detrimental.
[01:25:30.420 --> 01:25:37.340] Now they want to go back and coach the witness and get the witness to say something else.
[01:25:37.340 --> 01:25:48.500] But because there could be a legitimate reason to do this.
[01:25:48.500 --> 01:25:53.780] The judge is not going to disallow it out of hand.
[01:25:53.780 --> 01:26:02.820] Once you see the differences in the two testimonies, then you can raise issues.
[01:26:02.820 --> 01:26:08.460] So he should just request the copy of the deposition before trial?
[01:26:08.460 --> 01:26:09.460] Absolutely.
[01:26:09.460 --> 01:26:10.460] Okay.
[01:26:10.460 --> 01:26:13.940] If they're going to take a deposition and they're going to offer it as evidence, you
[01:26:13.940 --> 01:26:21.060] want a copy of it before enough time ahead of time so you can examine it and prepare
[01:26:21.060 --> 01:26:23.260] a rebuttal or objections.
[01:26:23.260 --> 01:26:24.260] Okay.
[01:26:24.260 --> 01:26:25.260] Okay.
[01:26:25.260 --> 01:26:26.260] Good.
[01:26:26.260 --> 01:26:34.140] Because they've also tried to object to strike all of his evidence, every little bit of it,
[01:26:34.140 --> 01:26:37.140] including a letter of the Office of Accountability.
[01:26:37.140 --> 01:26:40.660] They always do that.
[01:26:40.660 --> 01:26:46.940] And so he has just filed a judicial notice today of all their dirty deeds, he said, which
[01:26:46.940 --> 01:26:50.820] of course they will try to object to.
[01:26:50.820 --> 01:26:53.100] You have to object to everything.
[01:26:53.100 --> 01:26:58.380] If you don't object to it, then you can't argue it later.
[01:26:58.380 --> 01:27:00.180] So they're going to object to everything.
[01:27:00.180 --> 01:27:04.300] And then if they object to something and their objection is frivolous, then you bar grieve
[01:27:04.300 --> 01:27:05.620] them for each one.
[01:27:05.620 --> 01:27:06.620] Okay.
[01:27:06.620 --> 01:27:08.660] Bar grieve them for frivolous objections.
[01:27:08.660 --> 01:27:09.660] Okay.
[01:27:09.660 --> 01:27:15.980] Well, James is learning from what I'm teaching him, from what I'm learning from you, because
[01:27:15.980 --> 01:27:17.500] when I learn from you, I go teach him.
[01:27:17.500 --> 01:27:20.980] And so he went and I said, well, what did you do for the judicial notice?
[01:27:20.980 --> 01:27:26.500] He said, I took one of theirs and I just changed, you know, plaintiff to defendant and did it
[01:27:26.500 --> 01:27:27.500] that way.
[01:27:27.500 --> 01:27:29.380] So I played right.
[01:27:29.380 --> 01:27:32.540] That's what I do.
[01:27:32.540 --> 01:27:36.900] I really like to take their documents and turn them back on them.
[01:27:36.900 --> 01:27:37.900] Yeah.
[01:27:37.900 --> 01:27:40.780] So that's a good idea.
[01:27:40.780 --> 01:27:47.540] Find ones that were the court referenced, like the court accepted it.
[01:27:47.540 --> 01:27:53.060] The court, either they won or a certain point of contention was resolved in the favor of
[01:27:53.060 --> 01:27:56.180] the person that argued that way.
[01:27:56.180 --> 01:27:59.860] Take that and plagiarize that.
[01:27:59.860 --> 01:28:00.860] Okay.
[01:28:00.860 --> 01:28:08.780] But in this case, if I understood you right, Tina, he was looking for form and structure
[01:28:08.780 --> 01:28:14.620] of how to put together a judicial notice and request for judicial notice.
[01:28:14.620 --> 01:28:18.340] How to put it together and what to put in it and how to do it.
[01:28:18.340 --> 01:28:25.700] So yeah, but I like that, Brett, because I need to look at some of this for my appeal
[01:28:25.700 --> 01:28:26.700] stuff.
[01:28:26.700 --> 01:28:38.900] So anyway, by the way, the judgment that came from the other side, they put, you know, came
[01:28:38.900 --> 01:28:40.140] from the court.
[01:28:40.140 --> 01:28:43.100] It just says proposed judgment.
[01:28:43.100 --> 01:28:46.260] So I'm not sure if they're proposing this.
[01:28:46.260 --> 01:28:47.380] Okay.
[01:28:47.380 --> 01:28:49.740] This is what normally happens.
[01:28:49.740 --> 01:28:56.860] The judge, the court does not want to have to write a judgment.
[01:28:56.860 --> 01:29:00.360] That's a brief an explanation of their ruling.
[01:29:00.360 --> 01:29:06.820] So a party will write a judgment themselves and ask the court to accept it.
[01:29:06.820 --> 01:29:10.380] And very often they will do that.
[01:29:10.380 --> 01:29:17.060] Okay, so what they've done is this court having entered an order sustaining the demure of
[01:29:17.060 --> 01:29:24.380] defendant, Sittbank, formerly known as One West Bank and etc. to the verified amended
[01:29:24.380 --> 01:29:28.120] complaint of plaintiff Pinnacle, but it wasn't a complaint.
[01:29:28.120 --> 01:29:34.320] It was a petition and they keep calling me a plaintiff when I was petitioner, but anyway,
[01:29:34.320 --> 01:29:41.120] without leave to amend, enters judgment in favor of Sittbank and against plaintiff.
[01:29:41.120 --> 01:29:49.020] This almost always gets overturned motion dismissed with prejudice will almost always
[01:29:49.020 --> 01:29:50.020] hang on.
[01:29:50.020 --> 01:29:55.700] About to go to our sponsors, Randy Kelton, Brett Fountain, Wheeler Law Radio.
[01:29:55.700 --> 01:30:01.700] We'll be right back.
[01:30:01.700 --> 01:30:05.620] Sorry soft drink lovers, even diet drinks can make you fat.
[01:30:05.620 --> 01:30:10.220] A new study shows that diet soda drinkers gain much more weight than people who avoid
[01:30:10.220 --> 01:30:11.220] the stuff.
[01:30:11.220 --> 01:30:15.740] I'm Dr. Catherine Albrecht and I'll be back in a moment with the scoop on supposedly skinny
[01:30:15.740 --> 01:30:17.300] sodas.
[01:30:17.300 --> 01:30:18.880] Privacy is under attack.
[01:30:18.880 --> 01:30:22.480] When you give up data about yourself, you'll never get it back again.
[01:30:22.480 --> 01:30:27.260] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.260 --> 01:30:32.840] So protect your rights, say no to surveillance and keep your information to yourself.
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[01:30:46.380 --> 01:30:50.420] Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:50.420 --> 01:30:51.420] Wrong.
[01:30:51.420 --> 01:30:56.080] Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:56.080 --> 01:31:01.060] They found that regularly drinking diet soda expanded people's waistlines five times more
[01:31:01.060 --> 01:31:02.820] than no soda at all.
[01:31:02.820 --> 01:31:07.500] The study's authors say artificial sweeteners trigger the appetite but unlike regular sugars
[01:31:07.500 --> 01:31:09.780] don't deliver anything to squelch it.
[01:31:09.780 --> 01:31:14.740] Waking up hunger without satisfying it leads to cravings which can result in a larger overall
[01:31:14.740 --> 01:31:16.140] calorie intake.
[01:31:16.140 --> 01:31:20.540] So use natural sweeteners to maintain a healthy weight and if you need to shed some pounds
[01:31:20.540 --> 01:31:23.740] avoid the sweet stuff altogether and drink water instead.
[01:31:23.740 --> 01:31:25.840] I'm Dr. Catherine Albrecht.
[01:31:25.840 --> 01:31:30.620] More news and information at CatherineAlbrecht.com.
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[01:33:36.620 --> 01:34:04.460] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio and we're talking to Tina
[01:34:04.460 --> 01:34:06.780] in California.
[01:34:06.780 --> 01:34:11.620] Okay, where were we, Tina?
[01:34:11.620 --> 01:34:13.540] I interrupted you going out.
[01:34:13.540 --> 01:34:19.740] It's okay, the proposed judgment said that without leave to amend the entire judgment
[01:34:19.740 --> 01:34:25.780] in favor of Sipbank, therefore it is served here by ordered a judge and decreed plaintiff
[01:34:25.780 --> 01:34:31.180] shall say nothing against Sipbank by way of this action, final judgment entered in favor
[01:34:31.180 --> 01:34:32.180] of Sipbank.
[01:34:32.180 --> 01:34:36.820] Wait a minute, wait a minute, said that you take nothing?
[01:34:36.820 --> 01:34:37.820] Yes.
[01:34:37.820 --> 01:34:43.860] Clearly, the judge does not understand, you didn't ask for anything.
[01:34:43.860 --> 01:34:44.860] That's right.
[01:34:44.860 --> 01:34:51.180] This would be a great appeal, you'll really get to make the judge look dumb.
[01:34:51.180 --> 01:34:57.900] Well, if she approves this, because obviously the bank sent it to me, so you say they've
[01:34:57.900 --> 01:34:59.900] written it, right?
[01:34:59.900 --> 01:35:00.900] Yes.
[01:35:00.900 --> 01:35:07.780] And it says proposed judgment, so if the judge accepts this as it is, and it says this entire
[01:35:07.780 --> 01:35:12.540] case is dismissed in its entirety and with prejudice.
[01:35:12.540 --> 01:35:16.860] Oh, okay, so they're asking for it to be dismissed with prejudice.
[01:35:16.860 --> 01:35:17.860] Yes.
[01:35:17.860 --> 01:35:23.580] Do these guys not understand how law works?
[01:35:23.580 --> 01:35:26.900] It surprises me.
[01:35:26.900 --> 01:35:32.940] If they dismissed it without prejudice, and what they're trying to prevent is to prevent
[01:35:32.940 --> 01:35:40.380] you from refiling, I suspect they think you won't appeal.
[01:35:40.380 --> 01:35:48.980] If you got a dismissal without prejudice, very likely the court of appeals will dismiss
[01:35:48.980 --> 01:35:52.820] your appeal or not accept it at all.
[01:35:52.820 --> 01:35:57.980] You could you could refile, but most people just get tired and give up.
[01:35:57.980 --> 01:36:03.700] If they dismiss with prejudice, the court of appeals nine times out of 10 will overturn
[01:36:03.700 --> 01:36:05.100] it.
[01:36:05.100 --> 01:36:11.660] And so it's like they're asking the court of appeals to overturn it and send it back
[01:36:11.660 --> 01:36:13.220] to the court.
[01:36:13.220 --> 01:36:15.780] They should know better.
[01:36:15.780 --> 01:36:23.340] Well, yes, they should, but you know they don't.
[01:36:23.340 --> 01:36:26.100] They just want to plead that res judicata again.
[01:36:26.100 --> 01:36:27.100] That's what they love.
[01:36:27.100 --> 01:36:32.020] It's that favorite word, it's all by res judicata.
[01:36:32.020 --> 01:36:38.660] Good chance, you know, this sets up the court of appeals.
[01:36:38.660 --> 01:36:50.300] If they rule the way this judge is proposing, then they effectively commit sedition.
[01:36:50.300 --> 01:36:53.140] Not treason, sedition.
[01:36:53.140 --> 01:37:00.980] If you interfere with the execution of a law, that's sedition.
[01:37:00.980 --> 01:37:06.000] And that's if they rule against you, that's what they're doing.
[01:37:06.000 --> 01:37:12.460] They're saying this law doesn't count, it doesn't matter, doesn't mean what the legislature
[01:37:12.460 --> 01:37:13.760] says it means.
[01:37:13.760 --> 01:37:21.820] They will gut the Declaratory Judgment Act as well.
[01:37:21.820 --> 01:37:27.340] I can't see the court of appeals ruling in the court's favor, because they will screw
[01:37:27.340 --> 01:37:28.340] up everything.
[01:37:28.340 --> 01:37:35.540] Well, if the judge, let's see if the judge agrees to this proposed order and then go
[01:37:35.540 --> 01:37:36.540] from there.
[01:37:36.540 --> 01:37:45.100] The judge will almost, if she's smart at all, she will dismiss without prejudice.
[01:37:45.100 --> 01:37:51.380] The only way to dismiss with prejudice is to say that there is no way to refile in a
[01:37:51.380 --> 01:37:58.340] way that would give you standing before the court.
[01:37:58.340 --> 01:38:02.500] The other side is always going to ask for it, but generally they're not going to do
[01:38:02.500 --> 01:38:08.020] that, especially if you have demonstrated a well-structured argument.
[01:38:08.020 --> 01:38:14.140] But even if she does, it won't help because the court of appeals jury throws it out.
[01:38:14.140 --> 01:38:15.140] Okay.
[01:38:15.140 --> 01:38:19.460] Well, we'll see what happens.
[01:38:19.460 --> 01:38:28.780] Now would the findings of facts and conclusions of law be in her tentative ruling, which she
[01:38:28.780 --> 01:38:31.020] adopted at the hearing?
[01:38:31.020 --> 01:38:34.740] So she has the tentative ruling and then she adopted it.
[01:38:34.740 --> 01:38:37.380] Yes, that is the judgment.
[01:38:37.380 --> 01:38:41.980] So that's what you ask for in findings of fact.
[01:38:41.980 --> 01:38:50.980] You want to know the facts and the law on which she based her ruling.
[01:38:50.980 --> 01:38:56.700] In this case, I like to do findings of fact because when you do findings of fact, you
[01:38:56.700 --> 01:39:04.100] generally create your own findings of fact and ask the judge to accept yours instead
[01:39:04.100 --> 01:39:07.220] of the one that she proposed.
[01:39:07.220 --> 01:39:12.660] And what that does is it tells the judge what you're going to appeal.
[01:39:12.660 --> 01:39:16.540] And then she has to look at that and see if she thinks that's going to get overturned.
[01:39:16.540 --> 01:39:27.140] So you certainly try that and it would force the other side to write more documents.
[01:39:27.140 --> 01:39:30.420] Lawyers like it because they get to build their client a whole lot more.
[01:39:30.420 --> 01:39:32.460] Oh, yeah, they do.
[01:39:32.460 --> 01:39:35.980] But then they'll try to charge me for all of it.
[01:39:35.980 --> 01:39:39.100] They'll try to get costs.
[01:39:39.100 --> 01:39:45.860] I don't think you can get costs in declaratory judgment, which you certainly can in the Fed.
[01:39:45.860 --> 01:39:52.820] It's probably the same in the state since you didn't ask for any damages.
[01:39:52.820 --> 01:39:54.780] They don't have grounds for costs.
[01:39:54.780 --> 01:39:55.780] Oh, good.
[01:39:55.780 --> 01:39:58.220] That will be good.
[01:39:58.220 --> 01:39:59.220] Yeah.
[01:39:59.220 --> 01:40:04.580] You're asking simply for them to resolve some uncertainty and insecurity about your status
[01:40:04.580 --> 01:40:05.580] and your rights.
[01:40:05.580 --> 01:40:08.140] You're not asking, you know, make me whole.
[01:40:08.140 --> 01:40:09.140] Yeah.
[01:40:09.140 --> 01:40:10.140] Okay.
[01:40:10.140 --> 01:40:13.300] Well, that would be good because I know they tried that last time.
[01:40:13.300 --> 01:40:16.820] They tried to get $60,000 in costs.
[01:40:16.820 --> 01:40:21.140] Actually, there was $60,000 on one and $40,000 on another.
[01:40:21.140 --> 01:40:25.660] So they tried to get over $100,000.
[01:40:25.660 --> 01:40:27.820] They do this outrageous stuff.
[01:40:27.820 --> 01:40:31.020] They're trying to scare off the process.
[01:40:31.020 --> 01:40:32.820] So bar grieve them for it.
[01:40:32.820 --> 01:40:33.820] Oh, yeah.
[01:40:33.820 --> 01:40:38.820] I should actually bar grieve them for the fact that it's never too late to bar grieve
[01:40:38.820 --> 01:40:42.540] even five years or six years later.
[01:40:42.540 --> 01:40:45.700] The state bar is going to say, well, that's too old.
[01:40:45.700 --> 01:40:48.500] You can't file a bar grievance that late.
[01:40:48.500 --> 01:40:49.500] Who cares?
[01:40:49.500 --> 01:40:53.080] They're not throwing trash anyway.
[01:40:53.080 --> 01:40:55.820] The insurance company, they care.
[01:40:55.820 --> 01:40:56.820] Yeah.
[01:40:56.820 --> 01:40:58.380] They care.
[01:40:58.380 --> 01:41:03.420] Because I should file a bar grievance for the fact that they added $26,000 in legacies
[01:41:03.420 --> 01:41:09.140] to the first ever lawsuit I did through an attorney, but they never asked the court if
[01:41:09.140 --> 01:41:10.140] they could add those.
[01:41:10.140 --> 01:41:12.900] They just added it to my mortgage.
[01:41:12.900 --> 01:41:15.820] Then sue them for it.
[01:41:15.820 --> 01:41:16.820] Wow.
[01:41:16.820 --> 01:41:20.700] Well, then they'll say, it's all barred by Resjuda Carter.
[01:41:20.700 --> 01:41:22.820] I should have asked this before and all this.
[01:41:22.820 --> 01:41:25.660] So I'll get into that same Resjuda Carter issue.
[01:41:25.660 --> 01:41:28.420] This costs them a fortune.
[01:41:28.420 --> 01:41:29.420] Yeah.
[01:41:29.420 --> 01:41:33.260] And they're not going to get anything out of you, but more bar grievances.
[01:41:33.260 --> 01:41:35.700] No, but I don't need anything.
[01:41:35.700 --> 01:41:36.700] Yeah.
[01:41:36.700 --> 01:41:38.540] And that's what they need.
[01:41:38.540 --> 01:41:39.540] They need to be hammered.
[01:41:39.540 --> 01:41:44.900] They're really good at writing bar grievances by the time this is all over.
[01:41:44.900 --> 01:41:45.900] Okay.
[01:41:45.900 --> 01:41:47.300] I have one quick mention.
[01:41:47.300 --> 01:41:49.740] I'm looking at a text from my friend, James.
[01:41:49.740 --> 01:41:58.220] He said they filed a motion for a unilateral pretrial stipulation, which he says that's
[01:41:58.220 --> 01:42:01.020] one sided and I don't get to do anything.
[01:42:01.020 --> 01:42:04.140] So what does that mean?
[01:42:04.140 --> 01:42:08.020] What did they ask for unilaterally?
[01:42:08.020 --> 01:42:11.060] I'm not sure.
[01:42:11.060 --> 01:42:14.620] I think it's a unilateral stipulation.
[01:42:14.620 --> 01:42:17.860] They had to ask the court to stipulate something.
[01:42:17.860 --> 01:42:18.860] Okay.
[01:42:18.860 --> 01:42:21.540] Well, he didn't put that in the text.
[01:42:21.540 --> 01:42:28.620] I guess I'll read his email and see what they asked for because he just sent me that this
[01:42:28.620 --> 01:42:29.620] morning.
[01:42:29.620 --> 01:42:30.620] Okay.
[01:42:30.620 --> 01:42:36.180] So, yeah, they're asking both sides to agree and it may be something innocuous and it may
[01:42:36.180 --> 01:42:40.940] not read that real careful.
[01:42:40.940 --> 01:42:45.460] If they're trying to set you up and hoodwink you, make sure you're bar grieving for it.
[01:42:45.460 --> 01:42:46.460] Okay.
[01:42:46.460 --> 01:42:47.460] Okay.
[01:42:47.460 --> 01:42:48.460] I'll do that.
[01:42:48.460 --> 01:42:57.140] I'll, gosh, I'm going to be writing bar grievances for everybody.
[01:42:57.140 --> 01:43:04.500] We need to build one of my tools so that you just go in and answer the questions and it
[01:43:04.500 --> 01:43:07.260] spits out the grievance.
[01:43:07.260 --> 01:43:08.860] That would be really good.
[01:43:08.860 --> 01:43:11.640] That's an excellent idea.
[01:43:11.640 --> 01:43:16.460] Get all the details down how to do it and we'll build a questionnaire for it.
[01:43:16.460 --> 01:43:19.460] I've got the software to do it.
[01:43:19.460 --> 01:43:25.060] Speaking of software, I got new software about to come online.
[01:43:25.060 --> 01:43:34.780] I got a programmer building me a tool for a whole different way to build websites.
[01:43:34.780 --> 01:43:38.460] Working on that, I've got a couple of adjustments to make to it.
[01:43:38.460 --> 01:43:39.460] Hang on.
[01:43:39.460 --> 01:43:42.380] We're about to go to our sponsors, Randy Kelton, Brett Fountain.
[01:43:42.380 --> 01:43:51.380] Brett Fountain, our esteemed producer, Rulaw Radio, our call-in number, 512-646-1984.
[01:43:51.380 --> 01:43:52.380] We'll be right back.
[01:43:52.380 --> 01:44:00.580] Okay, now I'm going to do you.
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[01:46:22.260 --> 01:46:37.940] Okay, we are back, Brandy Kelton, Brett Fountain, Rule of Law Radio and we're talking to Tina
[01:46:37.940 --> 01:46:38.940] in California.
[01:46:38.940 --> 01:46:39.940] Okay, Tina.
[01:46:39.940 --> 01:46:43.980] Okay, that's it for me today.
[01:46:43.980 --> 01:46:46.980] Okay, good.
[01:46:46.980 --> 01:46:54.140] Think about how you would, take this guy you're helping.
[01:46:54.140 --> 01:47:04.180] What questions would you ask him in order to develop a bar grievance?
[01:47:04.180 --> 01:47:11.220] And go through a few different scenarios and then I'll build these into a set of questionnaires.
[01:47:11.220 --> 01:47:20.080] And when you look at these just from the outside, it seems like there is an infinite number
[01:47:20.080 --> 01:47:26.980] of things that could happen that could result in a bar grievance, but they're not.
[01:47:26.980 --> 01:47:34.640] They may have different surrounding facts, but the elements, the underlying elements
[01:47:34.640 --> 01:47:36.020] are very restricted.
[01:47:36.020 --> 01:47:41.580] I have a questionnaire for DUI, driving under the influence.
[01:47:41.580 --> 01:47:47.220] It is so big that the computer I'm using here is a gaming machine.
[01:47:47.220 --> 01:47:53.180] It's an eight processor, all of them clocked out to four gig clock speed.
[01:47:53.180 --> 01:47:56.820] I got 32 gig RAM.
[01:47:56.820 --> 01:48:02.120] It takes 30 minutes to open that file.
[01:48:02.120 --> 01:48:07.700] And then if I click on something, it takes it five minutes just to make ones jump because
[01:48:07.700 --> 01:48:10.580] it is so huge.
[01:48:10.580 --> 01:48:15.580] But as I build these questionnaires, I break them down into elements.
[01:48:15.580 --> 01:48:19.560] You know, like we talked about murder.
[01:48:19.560 --> 01:48:22.120] Murder has a set of elements that must be there.
[01:48:22.120 --> 01:48:24.920] Someone must have been killed.
[01:48:24.920 --> 01:48:28.860] Someone must have been killed on purpose.
[01:48:28.860 --> 01:48:30.140] There must be a body.
[01:48:30.140 --> 01:48:34.140] And, you know, there's a set of elements that must be there.
[01:48:34.140 --> 01:48:40.140] If one of those elements are missing, then they don't have a charge.
[01:48:40.140 --> 01:48:48.760] When I started breaking these questionnaires down into elements, what I found, what I wound
[01:48:48.760 --> 01:48:56.340] up with when I got finished were 19 specific elements and issues.
[01:48:56.340 --> 01:49:02.220] I have 19 small files with between five and 12 questions each.
[01:49:02.220 --> 01:49:04.220] And that is all.
[01:49:04.220 --> 01:49:12.980] A questionnaire so huge my system couldn't open it broke down into 19 small files.
[01:49:12.980 --> 01:49:19.660] It's not as complex as it appears from the outside.
[01:49:19.660 --> 01:49:25.620] Once you start breaking this down into the specific pieces, you'll find there aren't
[01:49:25.620 --> 01:49:30.700] that many pieces, but they keep getting called over and over from different places.
[01:49:30.700 --> 01:49:38.540] So we look at the bar grievances that we file and in this case, we have generally chapter
[01:49:38.540 --> 01:49:43.740] two and three of the American Bar Association standards.
[01:49:43.740 --> 01:49:48.340] And most of the states have adopted that or they've adopted something very similar.
[01:49:48.340 --> 01:49:57.680] The first three paragraphs generally go to the lawyer-client relationship.
[01:49:57.680 --> 01:50:05.940] After that, it goes to lawyers selling law firms to other lawyers and lawyers dealings
[01:50:05.940 --> 01:50:10.220] with other lawyers and dealings with the court.
[01:50:10.220 --> 01:50:13.460] But only those first three go to lawyers and clients.
[01:50:13.460 --> 01:50:20.860] And there's only like eight or 10 standards in each one.
[01:50:20.860 --> 01:50:23.500] I think one of them has 13.
[01:50:23.500 --> 01:50:24.500] But that's it.
[01:50:24.500 --> 01:50:25.860] There's not that many.
[01:50:25.860 --> 01:50:37.840] So we craft a set of questions that go to each one of those elements, those standards.
[01:50:37.840 --> 01:50:43.540] They will have, we may have 20 or 30 possibilities.
[01:50:43.540 --> 01:50:49.620] And in a bar grievance, it doesn't take, there's only one or two elements to any one of those.
[01:50:49.620 --> 01:50:55.700] So we could build a questionnaire that would address about anything that ever comes along.
[01:50:55.700 --> 01:50:59.700] The facts will all point at an element.
[01:50:59.700 --> 01:51:04.260] And no matter how you got to that element, the elements are always the same.
[01:51:04.260 --> 01:51:08.780] So point is, it's not near as complex as you would think it is, but we don't want the lawyers
[01:51:08.780 --> 01:51:09.780] to know that.
[01:51:09.780 --> 01:51:13.240] They think what they're doing is incredibly complex.
[01:51:13.240 --> 01:51:19.660] And when they see our questionnaires and how they function, we want them to be mystified.
[01:51:19.660 --> 01:51:21.180] So we don't tell them our secrets.
[01:51:21.180 --> 01:51:22.180] But think about that.
[01:51:22.180 --> 01:51:26.800] Think about the different bar grievances that you filed and the standards that you pointed
[01:51:26.800 --> 01:51:30.740] to and ask questions that would point you to each one of those.
[01:51:30.740 --> 01:51:34.500] And then we'll build a questionnaire for California.
[01:51:34.500 --> 01:51:39.620] You send the guy to it, he answers the question, it spits him out of our grievance.
[01:51:39.620 --> 01:51:41.980] Sign it, send it.
[01:51:41.980 --> 01:51:45.020] Okay.
[01:51:45.020 --> 01:51:46.020] Thank you, Tina.
[01:51:46.020 --> 01:51:48.620] Well, Tina, one more thing.
[01:51:48.620 --> 01:51:52.080] I have a suggestion about the rules of evidence.
[01:51:52.080 --> 01:51:56.680] You were talking earlier about if somebody testifies to something and then they later
[01:51:56.680 --> 01:51:59.920] are trying to change it and get a different statement.
[01:51:59.920 --> 01:52:05.780] And I would encourage you to take a look at what California says about rules of evidence.
[01:52:05.780 --> 01:52:15.180] I do remember reading in Texas rules of evidence, when somebody can change their statement and
[01:52:15.180 --> 01:52:16.180] when they can't.
[01:52:16.180 --> 01:52:19.180] You'll want to try to find those lines.
[01:52:19.180 --> 01:52:24.740] Okay, well, he's in Florida, so I'll look up the Florida rules of evidence for that
[01:52:24.740 --> 01:52:25.740] one.
[01:52:25.740 --> 01:52:26.740] There you go.
[01:52:26.740 --> 01:52:27.740] Florida rules of evidence.
[01:52:27.740 --> 01:52:28.740] Okay, great.
[01:52:28.740 --> 01:52:31.300] Oh, Florida, oh, wonderful.
[01:52:31.300 --> 01:52:39.300] In Florida, the State Bar Association carries insurance for lawyers.
[01:52:39.300 --> 01:52:42.780] It was the same way in Australia and in England.
[01:52:42.780 --> 01:52:51.700] The Law Society in England and Australia carry insurance for the lawyers.
[01:52:51.700 --> 01:52:55.500] And you'd think, well, you know, they're all got their schnouts in the same trough,
[01:52:55.500 --> 01:52:59.180] so a grievance won't be as much of a big deal.
[01:52:59.180 --> 01:53:03.560] Oh, it is such a big deal.
[01:53:03.560 --> 01:53:11.060] These lawyers have to pay in a bunch of money every month, and it goes into this one pool.
[01:53:11.060 --> 01:53:17.100] And they have this big pool of money to insure all the lawyers.
[01:53:17.100 --> 01:53:26.860] But when the pool is there, the Law Society gets to use that pool as they can pull a bond
[01:53:26.860 --> 01:53:31.640] against the pool and do cool stuff with it.
[01:53:31.640 --> 01:53:39.340] If you're a lawyer and you do something that jeopardizes that pool, the State Bar
[01:53:39.340 --> 01:53:47.180] Association is going to be really, really unhappy with you because that's their play
[01:53:47.180 --> 01:53:48.180] money.
[01:53:48.180 --> 01:53:51.620] Florida is the same way.
[01:53:51.620 --> 01:53:56.360] You mess with my play money, I'm going to work you over.
[01:53:56.360 --> 01:53:57.360] So good.
[01:53:57.360 --> 01:53:58.900] Florida would be great to bar grievance.
[01:53:58.900 --> 01:53:59.900] Okay.
[01:53:59.900 --> 01:54:05.900] It's funny that they always seem to withdraw after a bar grievance and another attorney
[01:54:05.900 --> 01:54:06.960] comes in.
[01:54:06.960 --> 01:54:10.060] Not the same here in California.
[01:54:10.060 --> 01:54:11.700] Funny how that works.
[01:54:11.700 --> 01:54:12.700] Yeah.
[01:54:12.700 --> 01:54:19.420] The lawyer says, I'm out of here.
[01:54:19.420 --> 01:54:23.540] That's the only way you know that you're having an effect.
[01:54:23.540 --> 01:54:27.740] And what do you think is going to happen when they try to hire another attorney?
[01:54:27.740 --> 01:54:31.180] Well, what happened to your last attorney?
[01:54:31.180 --> 01:54:34.060] Oh, they bar grieved him.
[01:54:34.060 --> 01:54:38.180] Well, the price is going up, guys.
[01:54:38.180 --> 01:54:42.180] I keep going back to Ms. Leslie.
[01:54:42.180 --> 01:54:49.940] She filed a motion for summary judgment in a case in Pennsylvania, opposing the bank
[01:54:49.940 --> 01:54:57.580] council filed a demurrer to her motion for summary judgment, and they accidentally included
[01:54:57.580 --> 01:55:12.500] the bill they sent to the bank for writing that document, $80,000 for one document.
[01:55:12.500 --> 01:55:17.380] And that's because she had bar grieved all of the other lawyers into the stone age, to
[01:55:17.380 --> 01:55:19.620] quote Scott Richardson.
[01:55:19.620 --> 01:55:21.980] That's unbelievable.
[01:55:21.980 --> 01:55:23.180] Wow.
[01:55:23.180 --> 01:55:26.640] That was insane.
[01:55:26.640 --> 01:55:35.460] The banks were complaining that their litigation costs were getting astronomical.
[01:55:35.460 --> 01:55:38.680] Now I understand why.
[01:55:38.680 --> 01:55:45.900] They're trying to foreclose on a $350,000 house and cost them $80,000 for one pleading.
[01:55:45.900 --> 01:55:46.900] That's insane.
[01:55:46.900 --> 01:55:48.900] That is insane.
[01:55:48.900 --> 01:55:49.900] Okay.
[01:55:49.900 --> 01:55:53.180] So let's help them out.
[01:55:53.180 --> 01:55:56.820] Let's help those lawyers make a lot of money.
[01:55:56.820 --> 01:56:00.820] I like that.
[01:56:00.820 --> 01:56:01.820] Okay.
[01:56:01.820 --> 01:56:02.820] Thank you, Tina.
[01:56:02.820 --> 01:56:03.820] Now we're going to...
[01:56:03.820 --> 01:56:04.820] Thank you.
[01:56:04.820 --> 01:56:05.820] Do you have anything else before...
[01:56:05.820 --> 01:56:06.820] No, that's it.
[01:56:06.820 --> 01:56:07.820] Thank you.
[01:56:07.820 --> 01:56:08.820] Okay.
[01:56:08.820 --> 01:56:11.460] And what did you do different today?
[01:56:11.460 --> 01:56:15.340] I can hear you perfectly.
[01:56:15.340 --> 01:56:17.500] Used a different headset.
[01:56:17.500 --> 01:56:19.040] Good.
[01:56:19.040 --> 01:56:20.040] Keep that headset.
[01:56:20.040 --> 01:56:21.040] I hear you perfectly.
[01:56:21.040 --> 01:56:22.040] Okay, will do.
[01:56:22.040 --> 01:56:24.820] Okay.
[01:56:24.820 --> 01:56:25.820] Thank you.
[01:56:25.820 --> 01:56:26.820] Okay.
[01:56:26.820 --> 01:56:32.260] Now we're going to try New York again.
[01:56:32.260 --> 01:56:37.780] I have on my screen, Nassau, New York, area code 516.
[01:56:37.780 --> 01:56:40.180] If that's you, talk to me.
[01:56:40.180 --> 01:56:41.180] Yeah.
[01:56:41.180 --> 01:56:42.180] I...
[01:56:42.180 --> 01:56:43.180] Hello, Randy.
[01:56:43.180 --> 01:56:44.180] This is Eda.
[01:56:44.180 --> 01:56:45.180] I'm...
[01:56:45.180 --> 01:56:46.180] Eda.
[01:56:46.180 --> 01:56:47.180] Okay.
[01:56:47.180 --> 01:56:48.180] You were on last...
[01:56:48.180 --> 01:56:49.180] Well, that's odd.
[01:56:49.180 --> 01:56:50.180] Oh, are you on a different phone tonight?
[01:56:50.180 --> 01:56:51.180] Probably.
[01:56:51.180 --> 01:56:53.180] Probably the number's coming out differently.
[01:56:53.180 --> 01:56:55.180] I need to focus on my...
[01:56:55.180 --> 01:56:56.180] Let's see.
[01:56:56.180 --> 01:57:02.820] Last night you came in as Eda, E-D-A, from Pennsylvania.
[01:57:02.820 --> 01:57:08.100] Tonight you came in as Nassau, New York, unscreened.
[01:57:08.100 --> 01:57:09.740] So it may be that...
[01:57:09.740 --> 01:57:13.860] That's why I'm asking if it's a different phone because if we get a call from someone
[01:57:13.860 --> 01:57:21.380] we never had a call from before, sometimes our database just randomly pulls something.
[01:57:21.380 --> 01:57:23.700] Oh, okay.
[01:57:23.700 --> 01:57:24.700] I got it.
[01:57:24.700 --> 01:57:25.700] Yeah.
[01:57:25.700 --> 01:57:26.700] I mean, I have...
[01:57:26.700 --> 01:57:32.020] My system might have switched over to like a different number that I use.
[01:57:32.020 --> 01:57:33.020] So that's...
[01:57:33.020 --> 01:57:34.020] Oh, okay.
[01:57:34.020 --> 01:57:35.020] Maybe that's why.
[01:57:35.020 --> 01:57:36.020] Okay.
[01:57:36.020 --> 01:57:37.020] Okay.
[01:57:37.020 --> 01:57:38.020] Good.
[01:57:38.020 --> 01:57:39.020] Yeah.
[01:57:39.020 --> 01:57:40.020] Okay.
[01:57:40.020 --> 01:57:41.020] What do you have for us today?
[01:57:41.020 --> 01:57:42.020] Yeah.
[01:57:42.020 --> 01:57:43.020] So I wanted to follow up.
[01:57:43.020 --> 01:57:49.460] I sent you the email yesterday about the reconsideration and what happens with the reconsideration
[01:57:49.460 --> 01:57:50.460] motion.
[01:57:50.460 --> 01:57:51.460] Okay.
[01:57:51.460 --> 01:57:52.460] Yeah.
[01:57:52.460 --> 01:57:53.460] Go ahead.
[01:57:53.460 --> 01:57:58.180] Let me do a brief on reconsideration.
[01:57:58.180 --> 01:58:03.380] If you file an appeal, that's a lot of work.
[01:58:03.380 --> 01:58:09.660] Developing the appellate document and putting in all the arguments and stuff.
[01:58:09.660 --> 01:58:22.340] A request for reconsideration is a really nice step along the way to an appeal because
[01:58:22.340 --> 01:58:29.180] the request for reconsideration essentially sets up your appeal for you.
[01:58:29.180 --> 01:58:31.080] It's the first step.
[01:58:31.080 --> 01:58:35.100] You tell the judge, this is how...
[01:58:35.100 --> 01:58:42.460] When you file a request for reconsideration, you don't just ask them to reconsider.
[01:58:42.460 --> 01:58:50.320] You say, here's the law, here's the facts, this is how you...
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[01:59:47.980 --> 01:59:48.980] That's freestudybible.com.
[01:59:48.980 --> 02:00:03.620] You are listening to the Logos Radio Network, LogosRadioNetwork.com.