ROL_2020-03-13_16k_Hr3-4.timecode

[00:00.000 --> 00:06.840]  The Falling Use Flash is brought to you by The Lowest Star of Lowdown.
[00:06.840 --> 00:12.640]  Markets for Monday the 22nd of July 2019, open with Precious Metals, Gold $1,429.00 an
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[00:42.480 --> 00:52.520]  In history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated
[00:52.520 --> 00:57.840]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.840 --> 01:04.840]  the 10 and entering 40 today in history.
[01:04.840 --> 01:09.880]  And recent news, since the Governor Greg Abbott signed House Bill 1325 legalizing HEP and attacks
[01:09.880 --> 01:14.480]  his law back in June, county prosecutors around the state including Houston, Austin and San
[01:14.480 --> 01:18.920]  Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:18.920 --> 01:22.960]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.960 --> 01:24.800]  test the herb for THC.
[01:24.800 --> 01:28.520]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.520 --> 01:33.160]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.160 --> 01:34.160]  law.
[01:34.160 --> 01:37.680]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:37.680 --> 01:42.160]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.160 --> 01:48.320]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.320 --> 01:51.280]  well as other cities too like the District Attorney.
[01:51.280 --> 01:57.320]  In El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law quote
[01:57.320 --> 02:01.920]  will not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.920 --> 02:06.800]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.800 --> 02:11.280]  in Harris County who stated that quote, the law is constantly changing on what makes something
[02:11.280 --> 02:13.520]  illegal based on its chemical makeup.
[02:13.520 --> 02:21.720]  It's important that if someone is charged with something, the test matches what they're
[02:21.720 --> 02:22.720]  charged with.
[02:22.720 --> 02:27.680]  A paper by Tulane University identified a five and a half inch American pocket shark as the
[02:27.680 --> 02:32.800]  first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark
[02:32.800 --> 02:38.440]  ever captured or recorded with the other one being found way back in 1979 in the East Pacific
[02:38.440 --> 02:39.440]  Ocean.
[02:39.440 --> 02:44.280]  According to the university paper, the shark secretes a lumus fluid from a gland near its
[02:44.280 --> 02:51.280]  front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[02:51.280 --> 03:17.280]  This is Rook Rody with the Lowdown for July 22, 2019.
[03:17.280 --> 03:45.640]  Okay, we are back, Randy Calcom, Rat Fountain, we live on radio, and Ada, what state are
[03:45.640 --> 03:49.000]  you in?
[03:49.000 --> 03:53.440]  Or in what state is your issue?
[03:53.440 --> 03:59.920]  The case is under New Jersey law, under New Jersey law?
[03:59.920 --> 04:06.520]  Oh, New Jersey, we were thinking Pennsylvania or New York, and Brad just said, people from
[04:06.520 --> 04:10.320]  New Jersey do not like to be called New Yorkers.
[04:10.320 --> 04:18.640]  Okay, Brad is the producer today, so he's updating our database, so we'll get this right
[04:18.640 --> 04:19.640]  next time.
[04:19.640 --> 04:25.600]  Okay, where were we when I went out?
[04:25.600 --> 04:33.520]  Brad sometimes notices me when we're running out of time, and he weighs his phone and it
[04:33.520 --> 04:35.000]  has a clock on it.
[04:35.000 --> 04:39.040]  This time he didn't have a picture of his pretty wife on there, and I'm looking, that's Andrea,
[04:39.040 --> 04:44.040]  look at that pretty girl, and I fell right off the cliff.
[04:44.040 --> 04:45.040]  Oops, okay.
[04:45.040 --> 04:52.360]  It couldn't seem to give his attention with the clock, but I guess that worked.
[04:52.360 --> 04:58.600]  Okay, I screwed it up, I'll get in trouble over that.
[04:58.600 --> 05:02.520]  Okay, where are we, Ada?
[05:02.520 --> 05:04.640]  We're reviewing reconsideration.
[05:04.640 --> 05:08.880]  Okay, reconsideration, it's really a great thing.
[05:08.880 --> 05:21.440]  Because what you do is you create a order, or a, not the order, the judgment.
[05:21.440 --> 05:29.560]  The judgment is actually a brief explaining, these are the facts that I relied on, and
[05:29.560 --> 05:36.680]  this is the law that I applied to the facts, and that's because the judge's primary duty
[05:36.680 --> 05:40.760]  is to determine the facts in accordance with the rules of evidence, then apply the law as
[05:40.760 --> 05:45.520]  it comes to him or to the facts in the case.
[05:45.520 --> 05:53.800]  So you write a judgment, and you say, these are the facts, and this is the law that should
[05:53.800 --> 06:00.960]  be applied to those facts, and these are the conclusions that you should come to.
[06:00.960 --> 06:08.520]  Findings of fact, conclusions at law, either provide me with findings of fact and conclusions
[06:08.520 --> 06:11.960]  at law, or accept mine.
[06:11.960 --> 06:18.600]  So what that does is that's your first step toward an appeal.
[06:18.600 --> 06:25.280]  So that gives you a good half to two-thirds of your appellate document.
[06:25.280 --> 06:34.000]  So then the court will always deny your request for findings of fact, refuse to accept yours,
[06:34.000 --> 06:44.920]  and if she has a judgment, she'll maintain her judgment, but now once she does that,
[06:44.920 --> 06:48.680]  then you come back and you've got half your appeal written already.
[06:48.680 --> 06:57.280]  Now you adjust your appeal to include her rulings, and you show how her rulings, your findings
[06:57.280 --> 07:02.760]  of fact is your assertion of how she should have ruled, and then you show how she actually
[07:02.760 --> 07:08.600]  ruled and asked the court of appeals to rule that she should have ruled the way you wanted
[07:08.600 --> 07:09.760]  her to.
[07:09.760 --> 07:11.720]  So you're halfway through your appellate process.
[07:11.720 --> 07:13.720]  Does that make sense?
[07:13.720 --> 07:14.720]  Yes.
[07:14.720 --> 07:21.600]  There's a set of steps, and if you follow all of those steps, they make the whole process
[07:21.600 --> 07:22.600]  easier.
[07:22.600 --> 07:25.040]  It's kind of just a progression.
[07:25.040 --> 07:33.000]  So yes, look at the law, look at the facts, and then look at the law as it relates to
[07:33.000 --> 07:39.000]  the facts, and you tell the judge what ruling you believe she should have came to based
[07:39.000 --> 07:40.760]  on case law.
[07:40.760 --> 07:46.000]  And some case law where they ruled in your favor or ruled in the way that you want them
[07:46.000 --> 07:47.000]  to.
[07:47.000 --> 07:55.240]  And so the judge how appellate courts and the Supreme Courts have ruled in these circumstances
[07:55.240 --> 08:02.320]  and asked the court to follow these other rulings or risk getting hers or returned.
[08:02.320 --> 08:07.080]  Okay, am I making sense?
[08:07.080 --> 08:10.240]  Yeah, yeah.
[08:10.240 --> 08:14.320]  So I submitted this reconsideration.
[08:14.320 --> 08:23.440]  From what I looked up for the court rules, the reconsideration, it told the appeal timeframe,
[08:23.440 --> 08:35.120]  but it didn't place a hold on the actual original, the underlying order or judgment.
[08:35.120 --> 08:44.760]  So if the court says a foreclosure, and the court authorizes the opposing party to foreclose,
[08:44.760 --> 08:50.120]  the findings effect doesn't stop the opposing party from foreclosing.
[08:50.120 --> 08:53.600]  But in the real world we live in.
[08:53.600 --> 09:00.040]  When the judge renders a ruling, and then you challenge the ruling, the other party,
[09:00.040 --> 09:10.240]  while they are at technical liberty to move ahead, if they do move ahead, and you win
[09:10.240 --> 09:21.560]  on your claim, the fact that they moved ahead will create added harm to you.
[09:21.560 --> 09:25.680]  So it has been my experience.
[09:25.680 --> 09:32.680]  I don't know what your issue is, but if it's foreclosure, that's an indication of what
[09:32.680 --> 09:34.520]  the litigants will do.
[09:34.520 --> 09:42.040]  If the other side gets the slightest inkling that you're going to oppose the ruling, they
[09:42.040 --> 09:44.480]  stop.
[09:44.480 --> 09:49.440]  Because if they move ahead, they can wind up incurring, and they wind up getting a ruling
[09:49.440 --> 09:54.000]  against them, then they incur a lot more liability, so they stop.
[09:54.000 --> 10:05.560]  So while it doesn't legally stop them in the real world, I've never had a bank move ahead
[10:05.560 --> 10:14.760]  except for one time, and I've helped over 700 people with foreclosure issues, one time.
[10:14.760 --> 10:16.840]  That was in Colorado.
[10:16.840 --> 10:26.240]  A guy couldn't pay his mortgage because he was in jail for videotaping his girlfriend's
[10:26.240 --> 10:30.320]  16-year-old daughter while she's taking a shower.
[10:30.320 --> 10:36.840]  This guy's going to the joint, and the person who bought the property at auction was the
[10:36.840 --> 10:42.200]  person who had bought it before at auction and sold it to this guy.
[10:42.200 --> 10:45.560]  So he knew this guy's going to jail is not going to be able to fight the issue, so he
[10:45.560 --> 10:50.040]  went ahead and bought it, one time and over 700.
[10:50.040 --> 11:01.840]  So you can be sure that the other side is going to stop when you file a fine-tipped effect.
[11:01.840 --> 11:12.360]  So with my reconsideration filing was on a discovery motion, and the other side wanted
[11:12.360 --> 11:20.480]  to proceed with the discovery as if that I hadn't filed a reconsideration, and the judge
[11:20.480 --> 11:30.160]  agreed with them that this discovery order should be placed as or enforced as if there
[11:30.160 --> 11:33.360]  was no reconsideration that occurred.
[11:33.360 --> 11:34.760]  And also in this part of...
[11:34.760 --> 11:35.760]  Okay, hold on.
[11:35.760 --> 11:36.760]  Interlocutory appeal.
[11:36.760 --> 11:45.040]  Interlocutory appeal, yes.
[11:45.040 --> 11:56.120]  If the ruling of the court is wrong, and the parties move ahead based on that ruling,
[11:56.120 --> 12:04.160]  it could create a harm to you that cannot be fixed.
[12:04.160 --> 12:08.440]  It's like you have your finger on the table and somebody's about to hit you with a hammer,
[12:08.440 --> 12:12.160]  your fingernail, and the judge says, okay, they can whack you.
[12:12.160 --> 12:15.520]  You can say, wait a minute, wait a minute, hold on.
[12:15.520 --> 12:21.920]  If he whacks me, that's going to hurt and you can't unhurt it.
[12:21.920 --> 12:30.840]  So you go to do an interlocutory appeal and ask the court of appeals to rule on the propriety
[12:30.840 --> 12:33.440]  of the ruling of the trial court.
[12:33.440 --> 12:35.280]  Does that make sense?
[12:35.280 --> 12:36.280]  Okay.
[12:36.280 --> 12:45.680]  So this interlocutory appeal happened with the same...
[12:45.680 --> 12:47.200]  What timeframe does that...
[12:47.200 --> 12:55.480]  Okay, interlocutory appeal, it will be within the timeframe that you have to file an opposition
[12:55.480 --> 13:01.040]  in only 30 days.
[13:01.040 --> 13:06.480]  So you can file the...
[13:06.480 --> 13:09.040]  Interlocutory appeal stops everything.
[13:09.040 --> 13:14.120]  So you file the findings of fact, and when the judge denies the findings of fact, since
[13:14.120 --> 13:21.160]  this is a ruling that is not dispositive, it does not dispose of the case, it's not
[13:21.160 --> 13:27.520]  a final ruling, but it's a ruling that could allow something to happen that would create
[13:27.520 --> 13:29.480]  a harm they can't fix.
[13:29.480 --> 13:34.360]  Can you file an interlocutory appeal with the court of appeals?
[13:34.360 --> 13:35.360]  Stops everything.
[13:35.360 --> 13:36.360]  Okay.
[13:36.360 --> 13:46.600]  And over here, the ability to stop the case, because I've filed an appeal on a separate
[13:46.600 --> 13:53.640]  ruling, but I have to file, according to the appellate rules, I have to file a separate
[13:53.640 --> 13:59.160]  stay pending appeal motion in order to stop all the proceedings.
[13:59.160 --> 14:00.160]  Is that what you're...
[14:00.160 --> 14:01.160]  Is that...
[14:01.160 --> 14:10.400]  Yes, in order to legally stop the other party, you would have to do that, but my experience
[14:10.400 --> 14:18.440]  is that when you file the interlocutory appeal, you always ask for restraining order.
[14:18.440 --> 14:26.560]  Whether the court of appeals grants the restraining order or not probably doesn't make any difference,
[14:26.560 --> 14:32.280]  because the other party is not going to move ahead anyway.
[14:32.280 --> 14:43.800]  And since the only thing the judge has ruled on is the order granting discovery, then the
[14:43.800 --> 14:52.080]  order granting discovery is not final, so you won't need a restraining order.
[14:52.080 --> 15:01.760]  If they could do something else other than like foreclose or come and take some property
[15:01.760 --> 15:08.600]  or something that doesn't have anything directly to do with the interlocutory appeal, then you'd
[15:08.600 --> 15:10.800]  have to ask for a restraining order.
[15:10.800 --> 15:17.280]  But since they've asked for discovery and you've appealed the ruling granting discovery,
[15:17.280 --> 15:23.960]  it's stopped anyway, because the ruling is no longer final.
[15:23.960 --> 15:27.480]  Does that make sense?
[15:27.480 --> 15:28.720]  I appealed a separate...
[15:28.720 --> 15:33.640]  For my particular appeal, I appealed a separate order that is dispositive, because it is
[15:33.640 --> 15:34.640]  disposed of...
[15:34.640 --> 15:37.760]  It was a partial summary judgment.
[15:37.760 --> 15:44.560]  So that was an appeal that I have pending is of a final judgment.
[15:44.560 --> 15:54.920]  But now, this is a separate or a second judgment that's unrelated topic in the same manner
[15:54.920 --> 15:55.920]  on discovery.
[15:55.920 --> 15:58.080]  So now we'll defer them.
[15:58.080 --> 16:08.040]  Are they trying to get discovery in order to help them file a response to your appeal?
[16:08.040 --> 16:09.840]  They're trying to get...
[16:09.840 --> 16:13.280]  No, they're trying to get initial discovery.
[16:13.280 --> 16:17.560]  So this is not discovery based on a response to an appeal, this is discovery based on the
[16:17.560 --> 16:18.560]  original appeal.
[16:18.560 --> 16:19.560]  That's moot.
[16:19.560 --> 16:23.720]  That became moot when they got a dispositive ruling.
[16:23.720 --> 16:25.220]  I'm sorry?
[16:25.220 --> 16:30.720]  If they got a ruling in their favor, then discovery's moot.
[16:30.720 --> 16:35.760]  Well, the ruling wasn't dispositive of all the claims of the case.
[16:35.760 --> 16:39.320]  They got a part of the claims disposed of.
[16:39.320 --> 16:40.320]  Oh, okay.
[16:40.320 --> 16:45.040]  When I say dispositive, that means it disposes of the case.
[16:45.040 --> 16:48.680]  It is a final ruling in the case.
[16:48.680 --> 16:51.400]  That's what a dispositive ruling is.
[16:51.400 --> 16:53.960]  And I think we're about to go to our sponsors.
[16:53.960 --> 16:54.960]  Hang on.
[16:54.960 --> 17:00.280]  Randy Kelton, Brett Fountain, we'll be right back.
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[19:24.360 --> 19:37.080]  Okay, we are back.
[19:37.080 --> 19:42.680]  We're into health and wet fountain rule of law radio, and we're talking to Ida in New
[19:42.680 --> 19:43.680]  Jersey.
[19:43.680 --> 19:46.720]  Or is that New Jersey?
[19:46.720 --> 19:47.720]  Okay.
[19:47.720 --> 19:57.720]  Yeah, so this wasn't, it was in, you already filed an interlocutory appeal.
[19:57.720 --> 20:05.400]  I filed, it's not an interlocutory appeal, I filed an appeal from partial summary judgment
[20:05.400 --> 20:16.600]  that's disposed of certain part of my claims, part of my allegations while relieving some.
[20:16.600 --> 20:26.760]  So that appeal was interlocutory because the case has not been completely disposed of,
[20:26.760 --> 20:33.640]  so you can't file a standard appeal because you can't do that until the case is completely
[20:33.640 --> 20:34.760]  disposed of.
[20:34.760 --> 20:41.000]  So anything in between that interlocutory, so you've already filed an interlocutory appeal.
[20:41.000 --> 20:43.800]  You can do another one on the discovery.
[20:43.800 --> 20:46.800]  Oh, okay.
[20:46.800 --> 20:54.240]  Well, what I have going on with the discovery is in this reconsideration that I've set up
[20:54.240 --> 21:02.440]  on the discovery, the judge has basically, I just had the hearing and the judge has essentially
[21:02.440 --> 21:08.360]  totally, you know, he wouldn't even consider my position.
[21:08.360 --> 21:16.520]  He totally sided with the defendant's argument and he's just picking up their arguments and,
[21:16.520 --> 21:18.520]  you know, parroting them.
[21:18.520 --> 21:25.920]  So, like, for example, I didn't even get service for this motion and the judge completely dismissed
[21:25.920 --> 21:33.840]  it out of hand as the, I'm going to agree with the attorney that his service was appropriate
[21:33.840 --> 21:40.960]  when he didn't serve me the particular papers for this motion.
[21:40.960 --> 21:50.360]  And he's claiming that his word is, you know, he's siding with him on that, where that should
[21:50.360 --> 21:56.600]  actually have just taken his cross-motion against my reconsideration off the table.
[21:56.600 --> 22:07.760]  Then after that, in the actual reconsideration process itself, the judge is asking the attorney
[22:07.760 --> 22:17.160]  what his interrogatories were and then automatically assuming that his discovery was, you know,
[22:17.160 --> 22:28.200]  if it was good and is meritorious and I should be compelled to uphold the original order to
[22:28.200 --> 22:29.200]  compel discovery.
[22:29.200 --> 22:38.800]  So, he basically ignored anything I had to identify about the problems with his discovery
[22:38.800 --> 22:39.800]  request.
[22:39.800 --> 22:47.560]  Now, my issue is his discovery requests are vague and the definitions are also wrong.
[22:47.560 --> 22:53.560]  The instructions are wrong and I've pointed that out and since the judge has decided to
[22:53.560 --> 23:01.560]  hold against me in order to favor the attorney, now I'm being compelled to answer bad questions
[23:01.560 --> 23:08.600]  and my answers are going to be, you know, recorded and used against me as the matter
[23:08.600 --> 23:09.600]  of regresses.
[23:09.600 --> 23:11.560]  That's what I'm going to do about that.
[23:11.560 --> 23:14.920]  What does bad questions mean?
[23:14.920 --> 23:22.920]  The instructions are vague and they don't pertain to the facts in my math.
[23:22.920 --> 23:28.160]  No, I'm trying to figure out a way for you to answer.
[23:28.160 --> 23:34.800]  You can say, I don't know how to answer the question, but I need to know what you mean
[23:34.800 --> 23:36.800]  by vague.
[23:36.800 --> 23:46.600]  So, the question asks for, you know, all information, information that's very generic
[23:46.600 --> 23:49.000]  beyond my capacity to know.
[23:49.000 --> 23:54.920]  Okay, that's an opposition you can bring.
[23:54.920 --> 23:57.600]  You don't know, it's beyond your capacity to know.
[23:57.600 --> 24:08.680]  That's exactly, I responded to the other side with a set of responses and objections
[24:08.680 --> 24:18.320]  stating that your discovery is a vague and it's not pertinent and tailored to the facts
[24:18.320 --> 24:26.000]  of the case and this is when the other side decided to jump into the compelling discovery
[24:26.000 --> 24:27.000]  from me.
[24:27.000 --> 24:35.520]  Basically, they just wanted to steamroll with the judge this order into the case demanding
[24:35.520 --> 24:41.320]  that I have to answer their bad questions.
[24:41.320 --> 24:42.320]  What do you know?
[24:42.320 --> 24:48.200]  Okay, this is a little controversial.
[24:48.200 --> 24:59.520]  If it seems like the judge is heavily citing toward the other side, you might go down to
[24:59.520 --> 25:10.440]  the county recorder's office, run the judge's name, find out, see if you can look up a biography
[25:10.440 --> 25:17.000]  of the judge and find out where the judge grew up, what county he grew up in or she
[25:17.000 --> 25:22.560]  grew up in and run their name with the county recorder there.
[25:22.560 --> 25:35.560]  It is a favorite tactic of judges to hide their payoff money by purchasing properties,
[25:35.560 --> 25:44.040]  getting a loan against the property and then have the other party pay off their loan.
[25:44.040 --> 25:50.840]  So see if you can find deeds of trust where the judge got a loan and in six or eight months
[25:50.840 --> 25:55.520]  it's paid off and then he gets another loan and it gets paid off.
[25:55.520 --> 25:59.480]  That's how they launder their hush money.
[25:59.480 --> 26:00.480]  Check that.
[26:00.480 --> 26:08.600]  If you find that the judge has properties that he's getting multiple loans on, then let
[26:08.600 --> 26:16.640]  me know, I will send you a motion that requests financial disclosures on part of the judge.
[26:16.640 --> 26:19.120]  This tells the judge that you're looking behind the curtain.
[26:19.120 --> 26:25.480]  If he is taking hush money, this might get him to be a little more cautious.
[26:25.480 --> 26:26.480]  Okay.
[26:26.480 --> 26:32.280]  And even if he's not taking hush money but he's doing something else that he wishes
[26:32.280 --> 26:37.480]  everybody wouldn't find out, he's going to feel like you're about to find out.
[26:37.480 --> 26:43.080]  Yeah, they don't like you looking behind the curtain.
[26:43.080 --> 26:51.280]  So other than that, interlocutory appeal is your, or you can say that you don't understand
[26:51.280 --> 27:00.280]  the question or that if he asks a question that's too general, then see if you can find
[27:00.280 --> 27:08.440]  a lot of general information that would fit under the question, but he's innocuous.
[27:08.440 --> 27:11.280]  And they let him complain about it.
[27:11.280 --> 27:13.040]  Okay.
[27:13.040 --> 27:20.120]  Then you can go to the court and ask the court to tell him to get more specific.
[27:20.120 --> 27:26.960]  If he don't want BS answers, then don't give me BS questions.
[27:26.960 --> 27:32.000]  And the title of the compel discovery is that I'm supposed to give him more specific answers,
[27:32.000 --> 27:34.920]  but they don't define specific, right?
[27:34.920 --> 27:41.960]  So if he's giving me generalized questions and still trying to make me give him supposedly
[27:41.960 --> 27:46.680]  specific answers, I can still give him these generic answers.
[27:46.680 --> 27:55.680]  If the question is too generic, you can just tell him I don't know how to answer it.
[27:55.680 --> 28:02.320]  This is a matter of interlocutory appeal.
[28:02.320 --> 28:07.240]  You should take this to the court of appeals because for the paying off this judge, they're
[28:07.240 --> 28:11.120]  not going to be paying off the court of appeals the same way.
[28:11.120 --> 28:14.800]  Court of appeals has a whole different agenda.
[28:14.800 --> 28:21.240]  Their agenda is the body of law to maintain the sanctity of the body of the law.
[28:21.240 --> 28:30.720]  So they have a different perspective, rather than try to dance with their vague and general
[28:30.720 --> 28:36.480]  discovery, I would suggest doing an interlocutory.
[28:36.480 --> 28:39.320]  Okay.
[28:39.320 --> 28:48.120]  And if I have this appeal already happening on the previous judgment, and I'm doing filing
[28:48.120 --> 28:54.640]  an interlocutory on this discovery motion, but in the reconsideration, he ruled against
[28:54.640 --> 28:55.640]  me.
[28:55.640 --> 28:59.360]  Is that going to be held against me in both appeal, appeal process?
[28:59.360 --> 29:00.360]  No.
[29:00.360 --> 29:01.360]  No, no.
[29:01.360 --> 29:04.440]  The court of appeals will look at it and make their own determination.
[29:04.440 --> 29:07.400]  They're not going to follow the determination of the judge.
[29:07.400 --> 29:09.200]  That's the whole point.
[29:09.200 --> 29:15.280]  You're going to claim that the judge ruled improperly and ask the court of appeals to
[29:15.280 --> 29:16.840]  correct the ruling.
[29:16.840 --> 29:19.640]  Okay.
[29:19.640 --> 29:25.160]  And in the reconsideration, I heard you've mentioned now, just now when you were reviewing
[29:25.160 --> 29:32.000]  how it works, that you're supposed to state, you know, the issues of law effect and of
[29:32.000 --> 29:33.880]  how the law applies to the fact.
[29:33.880 --> 29:40.480]  Well, the way I wrote my reconsideration for the hearing that I had was about identifying
[29:40.480 --> 29:41.480] ...
[29:41.480 --> 29:42.480]  Okay, wait, wait, wait.
[29:42.480 --> 29:43.480]  Hold on.
[29:43.480 --> 29:45.760]  We're about to go to our sponsors.
[29:45.760 --> 29:53.680]  This is Randy Kelton, Brett Fountain with our radio, a call in number 512-646-1984.
[29:53.680 --> 30:01.400]  We'll be right back.
[30:01.400 --> 30:05.840]  Everyone knows that walking is great exercise, but you might not know that the way you walk
[30:05.840 --> 30:08.040]  could predict how long you're going to live.
[30:08.040 --> 30:13.200]  I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication
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[30:52.720 --> 30:55.960]  per second or faster live longer than expected.
[30:55.960 --> 31:00.320]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.320 --> 31:05.080]  A senior's age, gender, and walking speed were as good at predicting life expectancy
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[31:21.720 --> 31:23.080]  I'm Dr. Catherine Albrecht.
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[31:48.840 --> 31:52.560]  and engineers have looked into the evidence and believed there is more to the story.
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[31:58.040 --> 32:01.320]  Why it fell, why it matters, and what you can do.
[32:01.320 --> 32:05.920]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:05.920 --> 32:12.200]  Scripture Talk with Nanna will begin Wednesday, January 8, from 8 to 10 p.m. Central Time.
[32:12.200 --> 32:15.280]  Our goal is in accord with Matthew 516.
[32:15.280 --> 32:20.280]  Let your light so shine before men that they may see your good works and glorify your Father
[32:20.280 --> 32:21.840]  which is in heaven.
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[32:32.200 --> 32:35.360]  to provoke unto love and good works.
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[32:39.760 --> 32:41.480]  one chapter per week.
[32:41.480 --> 32:46.600]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[32:46.600 --> 32:48.800]  Christian character development.
[32:48.800 --> 32:55.880]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting
[32:55.880 --> 33:02.480]  January 8 for an inspiring and motivating discussion of the Scriptures.
[33:02.480 --> 33:12.480]  Join us live on LogosRadioNetwork.com
[33:32.480 --> 33:47.960]  Okay, we are back, Randy Kelton, Brett Fountain, Rula Radio on this Friday, the 13th day of
[33:47.960 --> 33:48.960]  March 2020.
[33:48.960 --> 33:51.960]  Okay, go ahead, Aida.
[33:51.960 --> 33:52.960]  Yes.
[33:52.960 --> 34:03.600]  I was describing, you described the reconsideration process as the law, the fact, and then the
[34:03.600 --> 34:07.120]  laws apply to the fact.
[34:07.120 --> 34:17.280]  What I wrote so far in the reconsideration hearing that I have, I wrote my motion about
[34:17.280 --> 34:23.960]  the reasons why the matter should be reconsidered without actually following that process.
[34:23.960 --> 34:30.760]  So what I was wondering is how do I correct that, especially when I appeal it, when I
[34:30.760 --> 34:40.080]  do appeal it, is the appellate review going to be limited to what I wrote in that filing
[34:40.080 --> 34:47.360]  only, or am I going to have an opportunity, how do I cure what I, the limited explanation
[34:47.360 --> 34:48.360]  that I did?
[34:48.360 --> 34:51.160]  Yeah, you can rewrite it.
[34:51.160 --> 34:59.960]  What you can't do on appeal is bring up facts that were not brought out in the case.
[34:59.960 --> 35:02.400]  But you can bring different law.
[35:02.400 --> 35:10.200]  So if you argued one set of law, or you failed to argue law, and then you get turned down
[35:10.200 --> 35:17.000]  on the interlocutory, you can reappeal and, or even on the interlocutory, if they turn
[35:17.000 --> 35:20.800]  you down, they will tell you why.
[35:20.800 --> 35:30.760]  And then you'll ask for a motion to replete.
[35:30.760 --> 35:38.840]  What I like to do when they do that, what I like to do is say that either the lawyer
[35:38.840 --> 35:46.720]  on the other side or the judge, if the judge sided with the lawyer on the other side and
[35:46.720 --> 35:55.320]  denied whatever I claimed, then I like to state that counsel's arguments are well taken
[35:55.320 --> 36:04.120]  and move the court to allow you to replete, and generally they'll do that.
[36:04.120 --> 36:05.440]  Okay.
[36:05.440 --> 36:19.760]  So based off of the organization of the attorney, you know, polluting regarding what you said
[36:19.760 --> 36:26.240]  about how they transferred our hush money, the organization of the attorney could be
[36:26.240 --> 36:34.400]  colluding with the judge to transfer the hush money in ways that may not be as apparent
[36:34.400 --> 36:36.400]  as buying property.
[36:36.400 --> 36:37.400]  So...
[36:37.400 --> 36:45.320]  I have a motion where I have looked at every possible way I could find to launder hush
[36:45.320 --> 36:48.160]  money.
[36:48.160 --> 36:55.480]  If you have any indication that's the case, send me an email to Randy at ruleoflawradio.com
[36:55.480 --> 36:59.600]  and I will send you a copy of this motion and just file it with the court.
[36:59.600 --> 37:06.440]  They never, ever answer it, but you file it anyway.
[37:06.440 --> 37:11.080]  That tells them that you're looking at every possible way they can be laundering hush money
[37:11.080 --> 37:18.360]  without directly telling the judge you think she or he is on the take.
[37:18.360 --> 37:20.520]  Well why would you want to alert the court for that?
[37:20.520 --> 37:26.040]  I mean, is there a way to find out without necessarily letting them know you're investigating?
[37:26.040 --> 37:27.040]  No.
[37:27.040 --> 37:31.080]  Well, there may be, but it's real complex.
[37:31.080 --> 37:39.760]  The point is, if the judge is ruling improperly, this lets them know that you're going to take
[37:39.760 --> 37:47.960]  them to task and you might possibly get the judge to be more cautious.
[37:47.960 --> 37:53.440]  The fact that the judge is unhappy with you is irrelevant.
[37:53.440 --> 37:57.680]  If he's unhappy with a lawyer, that's relevant to the lawyer.
[37:57.680 --> 38:01.240]  That's incredibly relevant to the lawyer, but you're a pro se.
[38:01.240 --> 38:03.040]  You don't care if that judge is upset or not.
[38:03.040 --> 38:09.360]  If he's really P.O.'d at you, then his rulings tend to be more stupid and you get a better
[38:09.360 --> 38:12.760]  shot at him on appeal.
[38:12.760 --> 38:17.000]  At this point, it appears as though the judge is going to rule against you out of hand at
[38:17.000 --> 38:18.000]  every turn.
[38:18.000 --> 38:19.000]  How can it get worse?
[38:19.000 --> 38:20.000]  Yeah.
[38:20.000 --> 38:21.000]  Pretty much.
[38:21.000 --> 38:22.000]  Pretty much.
[38:22.000 --> 38:23.920]  So it can only get better.
[38:23.920 --> 38:29.480]  So if the judge gets mad at you and does stupid stuff, Tim is on the show.
[38:29.480 --> 38:31.520]  He calls in quite a bit.
[38:31.520 --> 38:33.760]  And that's exactly what happened in his case.
[38:33.760 --> 38:39.040]  These lawyers are doing really outrageous rotten stuff and the judge is approving everything
[38:39.040 --> 38:41.640]  they did.
[38:41.640 --> 38:42.840]  We finally reached a point.
[38:42.840 --> 38:51.440]  We filed a motion for interlocutory appeal and in Texas, 12% of the motions for interlocutory
[38:51.440 --> 38:59.680]  appeal, I'm sorry, we filed a motion for rid of mandamus, 12% get accepted by the court,
[38:59.680 --> 39:04.200]  2% get ruled in favor of the filer.
[39:04.200 --> 39:11.240]  He got a heavy big time ruling in his favor with a pro-save filing.
[39:11.240 --> 39:15.200]  I doubt that that's ever happened before.
[39:15.200 --> 39:22.120]  But the other side acted so outrageous that we filed criminal charges against the judge
[39:22.120 --> 39:28.680]  when he didn't respond to the request for findings affecting conclusions of law.
[39:28.680 --> 39:29.680]  We filed a criminal against him.
[39:29.680 --> 39:39.600]  So the judge was furious that he ruled against Tim on everything and that got him hammered.
[39:39.600 --> 39:42.680]  So the judge is going to rule against you anyway.
[39:42.680 --> 39:44.880]  You don't care if he's mad at you.
[39:44.880 --> 39:48.600]  You're not going to be bringing more clients in front of this judge that he can screw to
[39:48.600 --> 39:50.880]  get back at you.
[39:50.880 --> 39:53.880]  The other lawyers in that position.
[39:53.880 --> 39:59.040]  So you don't need to worry about whether the judge is happy or not.
[39:59.040 --> 40:05.400]  I have seven times I have asked the bailiff to arrest the judge in the courtroom.
[40:05.400 --> 40:11.080]  Oh, that is so much fun.
[40:11.080 --> 40:15.680]  So the judge is not happy with me, but I put him on notice.
[40:15.680 --> 40:19.480]  I am not here dangling by my bar card.
[40:19.480 --> 40:21.360]  I am not afraid of you.
[40:21.360 --> 40:22.840]  You want to act ignorant?
[40:22.840 --> 40:26.640]  I will come straight for your throat.
[40:26.640 --> 40:32.400]  I hate to say this, but the courts are absolutely corrupt.
[40:32.400 --> 40:40.840]  Okay, maybe the courts are not corrupt, but it would behoove you to conduct yourself as
[40:40.840 --> 40:43.000]  if they are.
[40:43.000 --> 40:49.560]  So how do you handle yourself before a corrupt court?
[40:49.560 --> 40:53.840]  You get them to do the stupidest thing they can do.
[40:53.840 --> 41:04.440]  Dr. Graves, in your dictionary, makes it clear your only purpose in the trial court is to
[41:04.440 --> 41:08.280]  set the record for appeal.
[41:08.280 --> 41:12.600]  You put your claims, you put your facts and law on the record.
[41:12.600 --> 41:16.120]  You don't care how that judge rules.
[41:16.120 --> 41:21.720]  And the more stupid the ruling, the more likely it is that the Court of Appeals is going to
[41:21.720 --> 41:22.720]  return it.
[41:22.720 --> 41:25.600]  The Court of Appeals is where the action is.
[41:25.600 --> 41:32.840]  And one thing I've just mentioned about that is, in setting the record for appeal, I didn't
[41:32.840 --> 41:38.360]  initially realize it, but every time that you could object to something that the other
[41:38.360 --> 41:43.720]  side did wrong, you don't object, you sit there quietly, you just missed an opportunity
[41:43.720 --> 41:46.640]  to preserve their error for appeal.
[41:46.640 --> 41:54.840]  Setting the record is not only about what does the judge rule on, that's one kind of
[41:54.840 --> 42:00.480]  error to preserve, but another error is if something is brought and it's going to be
[42:00.480 --> 42:06.040]  admitted into evidence and it's inadmissible, but you didn't say anything and then they
[42:06.040 --> 42:07.040]  get to admit it.
[42:07.040 --> 42:11.680]  You can't complain about that later because you didn't object or anything that's like
[42:11.680 --> 42:12.680]  that.
[42:12.680 --> 42:20.640]  You raise an exception to what you need to, you object to what you need to, and then that
[42:20.640 --> 42:26.800]  can be revisited upon appeal, even if the judge says overruled and it goes right on
[42:26.800 --> 42:27.800]  by.
[42:27.800 --> 42:33.280]  Okay, here's a dirty, rotten, low-down trick for that.
[42:33.280 --> 42:36.520]  Often you don't know what to object to.
[42:36.520 --> 42:37.680]  Subject to everything.
[42:37.680 --> 42:40.120]  Object, object, object, object.
[42:40.120 --> 42:44.320]  If the judge is going to get annoyed, it's going to tell you to quit objecting.
[42:44.320 --> 42:51.960]  Okay, if you want me to stop objecting, then I'd ask the court to rule that I object to
[42:51.960 --> 42:54.680]  everything.
[42:54.680 --> 42:59.280]  And if the judge is really annoyed at dealing with your objections, he'll say, okay, okay,
[42:59.280 --> 43:02.840]  you just quit.
[43:02.840 --> 43:04.320]  Now you're covered.
[43:04.320 --> 43:09.840]  And I've had that happen several times.
[43:09.840 --> 43:12.400]  The judge doesn't like it when you object to everything.
[43:12.400 --> 43:15.000]  We don't care what he likes.
[43:15.000 --> 43:16.000]  Lawyers don't do that.
[43:16.000 --> 43:19.200]  They really care what the judge cares about.
[43:19.200 --> 43:22.440]  But you're not a lawyer, so you don't care.
[43:22.440 --> 43:29.840]  I had a lawyer ask me if I was an attorney, and I told the lawyer in front of the judge,
[43:29.840 --> 43:35.560]  no, I'm not here dangling by my bar card.
[43:35.560 --> 43:37.760]  And that was for the judge.
[43:37.760 --> 43:39.600]  I don't care if you're upset or not.
[43:39.600 --> 43:43.120]  I'll come right for your throat.
[43:43.120 --> 43:46.960]  That was one of the ones we actually won, but it was a minor thing.
[43:46.960 --> 43:47.960]  Hang on.
[43:47.960 --> 43:52.680]  About to go to our sponsors, Randy Kelton, Brett Fountain, Rule of Our Radio.
[43:52.680 --> 44:00.800]  We'll be right back.
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[46:26.720 --> 46:39.720]  Okay, we are back.
[46:39.720 --> 46:47.600]  Randy Kelton, Brett Fountain, Lulavlogradio, and we're talking to Ida Nujoyzi.
[46:47.600 --> 46:48.600]  Did I say that right?
[46:48.600 --> 46:52.360]  I'm working on that.
[46:52.360 --> 47:00.760]  I have a friend, Pastor Massad, he's in upstate New York, and we went to Worcester, Massachusetts.
[47:00.760 --> 47:04.880]  It took him a month to teach me how to say Worcester.
[47:04.880 --> 47:08.480]  No, no, it's not Worcestershire.
[47:08.480 --> 47:09.480]  Okay.
[47:09.480 --> 47:10.480]  All right.
[47:10.480 --> 47:25.520]  So, before the break, we were talking about how we want to file these criminal charges
[47:25.520 --> 47:32.040]  against the judge, since we're prosaic, that we have the capacity to do that.
[47:32.040 --> 47:38.640]  How does that tie into or at what stage can we file them once we file the financial disclosure
[47:38.640 --> 47:43.720]  of their harsh money or once it comes back off?
[47:43.720 --> 47:49.760]  You file the emotion for disclosure, and he is going to deny it.
[47:49.760 --> 47:56.200]  And then you file the motion for reconsideration, and he's going to deny that.
[47:56.200 --> 48:00.400]  And he knows you're going to refile that on appeal.
[48:00.400 --> 48:04.680]  But in the meantime, you're likely to be looking behind his curtain.
[48:04.680 --> 48:13.440]  If the judge is not dirty, then this will annoy him, but that's all.
[48:13.440 --> 48:19.600]  If the judge is dirty, he is not going to want the court of appeals looking behind his
[48:19.600 --> 48:21.280]  curtain.
[48:21.280 --> 48:29.240]  And at the end of the day, you can never expect to win your case simply because you have the
[48:29.240 --> 48:34.840]  law and the facts on your side to think so is naive.
[48:34.840 --> 48:38.000]  It is not that way now.
[48:38.000 --> 48:43.200]  Never has been that way so long as we've had human beings as judges.
[48:43.200 --> 48:50.200]  You can expect to win your case if you have the politics on your side, and all politics
[48:50.200 --> 48:51.480]  is local.
[48:51.480 --> 49:01.120]  Now, that sounds pretty horrible on his face, but it is not a problem unless you don't know
[49:01.120 --> 49:04.240]  that it's all politics.
[49:04.240 --> 49:11.320]  When you file that motion, you create a political problem for the judge.
[49:11.320 --> 49:19.000]  This is the kind of thing his next political opponent will drag up and wave in front of
[49:19.000 --> 49:21.440]  the voters.
[49:21.440 --> 49:26.840]  Judicial complaints against the judge.
[49:26.840 --> 49:33.440]  You will never get the judge to be afraid of you.
[49:33.440 --> 49:38.960]  What you can get him to be afraid of is the political cannon fodder you can create for
[49:38.960 --> 49:46.760]  his next political enemies or his next opponent in the next election.
[49:46.760 --> 49:57.240]  So when you start thinking about how can I poison the judge's pool, it changes how you
[49:57.240 --> 49:58.800]  think about things.
[49:58.800 --> 50:03.880]  How can I steam the lawyer big time, bar grieve him.
[50:03.880 --> 50:07.120]  Bar grieve him every time he moves.
[50:07.120 --> 50:13.320]  I once bar grieved the lawyer because he parted his hair on the left, and he was furious
[50:13.320 --> 50:14.320]  about that.
[50:14.320 --> 50:16.400]  Why did you do that?
[50:16.400 --> 50:19.200]  I said, one, if I bar grieved you for what you really did, you might have gotten this
[50:19.200 --> 50:20.200]  barred.
[50:20.200 --> 50:24.720]  Well, he knew he wouldn't get this barred because if you file a bar grievance against
[50:24.720 --> 50:28.680]  the lawyer, the state bar is going to get that grievance, and they're going to throw
[50:28.680 --> 50:29.680]  it in the trash.
[50:29.680 --> 50:33.880]  And they're going to send you a letter that said, be examined into your accusation, find
[50:33.880 --> 50:37.080]  it does not rise to the level of misconduct.
[50:37.080 --> 50:40.800]  And that's a good thing.
[50:40.800 --> 50:46.360]  The reason it's a good thing is because their insurance carrier knows the bar is going
[50:46.360 --> 50:48.840]  to throw it in the trash.
[50:48.840 --> 50:55.720]  So how does the bar or the insurance carrier gauge its level of risk?
[50:55.720 --> 50:59.480]  By valid bar grievances, they throw them all in the trash.
[50:59.480 --> 51:01.520]  By the numbers.
[51:01.520 --> 51:08.440]  There are approximately nine underwriters for malpractice insurance in the United States.
[51:08.440 --> 51:11.840]  They are all underwritten by Lloyds of London.
[51:11.840 --> 51:16.120]  They all have essentially the same criteria.
[51:16.120 --> 51:20.320]  One bar grievance, your first year of practice, they cancel immediately.
[51:20.320 --> 51:24.480]  Two bar grievances, any one year of practice, they cancel.
[51:24.480 --> 51:30.000]  Three, they cancel your law firms malpractice insurance, valid, invalid.
[51:30.000 --> 51:32.720]  They don't care.
[51:32.720 --> 51:35.840]  We listed the lawyer's half.
[51:35.840 --> 51:42.600]  Judges, judicial conduct complaints, they have a bond carrier.
[51:42.600 --> 51:46.720]  In order for a judge to sit as a judge, he must have a bond.
[51:46.720 --> 51:51.760]  And a bond is essentially a form of insurance.
[51:51.760 --> 51:57.080]  Same thing, judicial conduct complaints against judges, the state commission on judicial conduct
[51:57.080 --> 51:59.800]  throw them in the trash.
[51:59.800 --> 52:01.560]  But the insurance carrier won't.
[52:01.560 --> 52:07.160]  There's always an insurance agent back there and it is his job to charge his client as
[52:07.160 --> 52:13.160]  much as he possibly can and avoid any claims.
[52:13.160 --> 52:24.840]  So the way he can gauge the risk of his client is by the number of complaints against him.
[52:24.840 --> 52:31.000]  The only way I've ever heard of getting rid of a federal judge is to get his bond canceled.
[52:31.000 --> 52:34.640]  You got to understand where the weak place is.
[52:34.640 --> 52:41.480]  And if you file judicial conduct complaints against the judge for bad rulings, the state
[52:41.480 --> 52:47.440]  commission on judicial conduct will always ruin the judge's favor, but you don't care
[52:47.440 --> 52:50.800]  because you're stinging his bond.
[52:50.800 --> 52:55.920]  And his problem is he cannot say a word to you about it.
[52:55.920 --> 52:59.680]  He can't say a word to anybody about it because if he does, you file a complaint against him
[52:59.680 --> 53:00.680]  for that.
[53:00.680 --> 53:03.000]  Bar grievances, same way.
[53:03.000 --> 53:05.920]  There's nothing he can do about it.
[53:05.920 --> 53:08.280]  You are a prosa.
[53:08.280 --> 53:12.680]  There's nothing more dangerous to these guys than a prosa.
[53:12.680 --> 53:20.920]  And on this show, I try to teach people how to be the prosa from hell.
[53:20.920 --> 53:26.880]  Get over this nonsense they taught you in high school about due process and the right
[53:26.880 --> 53:27.880]  of things.
[53:27.880 --> 53:31.320]  That's all a bunch of crapola.
[53:31.320 --> 53:33.560]  It doesn't work that way.
[53:33.560 --> 53:39.280]  It's all about the money.
[53:39.280 --> 53:44.440]  You bar grieve that lawyer, his malpractice insurance is going to double.
[53:44.440 --> 53:48.400]  Second time you bar grieve into the lawyer, the lawyer is going to disappear and another
[53:48.400 --> 53:50.200]  is going to take his place.
[53:50.200 --> 53:56.200]  And he's going to charge the client five to 10 times as much because he knows why the
[53:56.200 --> 54:00.560]  previous lawyer left.
[54:00.560 --> 54:02.160]  Wish they're cost out the roof.
[54:02.160 --> 54:08.880]  You guys want to fight, we'll give you a good one.
[54:08.880 --> 54:09.880]  This is how we beat it.
[54:09.880 --> 54:13.880]  I hate it that it's this way.
[54:13.880 --> 54:20.880]  But it is how the real world works and once you understand that, then you get in a better
[54:20.880 --> 54:21.880]  position.
[54:21.880 --> 54:28.080]  Another thing, never expect to win your case.
[54:28.080 --> 54:34.240]  I've helped over 700 people file suits in foreclosure issues.
[54:34.240 --> 54:38.680]  Never ever did we win a case.
[54:38.680 --> 54:41.560]  Judges bought and paid for.
[54:41.560 --> 54:48.200]  Rather they're bought outright, they're bought with political pressure.
[54:48.200 --> 54:53.280]  Rather they paid off this judge or not, he knows that bank can bring enough pressure
[54:53.280 --> 54:56.800]  to keep him from getting elected.
[54:56.800 --> 55:01.520]  And they don't necessarily rule against you because they want to.
[55:01.520 --> 55:04.680]  But it's a political decision.
[55:04.680 --> 55:10.400]  So you have to become more politically dangerous than the bank is.
[55:10.400 --> 55:15.560]  You're more likely to keep him from getting elected than the bank is.
[55:15.560 --> 55:17.400]  He can control lawyers.
[55:17.400 --> 55:26.440]  I actually had a lawyer tell me once, not me, I'm sorry, someone I was helping.
[55:26.440 --> 55:33.120]  He's trying to get the guy to get a lawyer and he actually said in court, you need to
[55:33.120 --> 55:34.880]  get a lawyer.
[55:34.880 --> 55:36.880]  I can control your lawyer.
[55:36.880 --> 55:40.160]  I can't control you.
[55:40.160 --> 55:44.800]  I almost couldn't believe the judge actually said that, but he was frustrated because this
[55:44.800 --> 55:51.000]  guy is hammering this judge and the judge can't do anything about it.
[55:51.000 --> 55:59.640]  So one thing that comes to mind about that is that the judge improperly, often they believe
[55:59.640 --> 56:04.920]  that if they can just get the guy to be represented with a lawyer that they can control, well then
[56:04.920 --> 56:11.280]  automatically they would be able to control the defendant too or the represented person
[56:11.280 --> 56:15.720]  because that's typically how it works.
[56:15.720 --> 56:26.440]  But the Constitution guarantees you the right to be heard by yourself or through counsel
[56:26.440 --> 56:27.440]  or both.
[56:27.440 --> 56:38.880]  Well wait, your right to be heard by yourself or through counsel of your choice.
[56:38.880 --> 56:44.080]  So the best thing to do is bar grieve your own attorney.
[56:44.080 --> 56:50.640]  That gets them to go apoplexic and they run to the judge and Brett has a friend he's helping
[56:50.640 --> 56:58.560]  that the lawyer wouldn't act in his behalf so he bar grieved him or the lawyer thought
[56:58.560 --> 57:04.520]  he was going to bar grieve him and he went to the judge and asked the judge to remove
[57:04.520 --> 57:10.840]  him from the case and he went to the judge and objected because he paid this lawyer.
[57:10.840 --> 57:13.960]  The judge removed him from the case.
[57:13.960 --> 57:23.320]  Therefore now he gets to sue the judge personally because he's under contract to the lawyer.
[57:23.320 --> 57:30.200]  Even if you have court appointed counsel, you're under contract with the lawyer.
[57:30.200 --> 57:34.160]  The lawyer has a contract with the state, not you, but you're the third party, intended
[57:34.160 --> 57:37.800]  third party beneficiary and you have standing under the contract.
[57:37.800 --> 57:44.360]  The judge, if he allows the lawyer to withdraw, has interfered with the private contract and
[57:44.360 --> 57:50.000]  that is directly forbidden by the six minute constitution.
[57:50.000 --> 57:52.600]  You get to sue the judge personally.
[57:52.600 --> 57:53.800]  That'll make him crazy.
[57:53.800 --> 58:01.120]  That will blow out his bonding if he gets sued.
[58:01.120 --> 58:02.120]  What do you think, Eda?
[58:02.120 --> 58:08.000]  Wait, I didn't understand your last sentence, can you go over it again?
[58:08.000 --> 58:09.000]  The contract?
[58:09.000 --> 58:15.640]  Actually, Eda, I was talking to you but I was really talking to someone else.
[58:15.640 --> 58:21.840]  I was talking to people who are before the court and they've got court appointed counsel
[58:21.840 --> 58:27.000]  or they've paid the lawyers and the lawyers are trying to screw them around how to handle
[58:27.000 --> 58:28.000]  your lawyer.
[58:28.000 --> 58:29.000]  It's all politics.
[58:29.000 --> 58:30.640]  It's not law.
[58:30.640 --> 58:35.640]  You hammer your lawyer and the lawyer is going to ask the court to remove him and when the
[58:35.640 --> 58:39.680]  court removes him, then you get to go after the judge himself.
[58:39.680 --> 58:40.680]  Hang on.
[58:40.680 --> 58:46.080]  I'm about to go to our sponsors, Randy Kelton, Rhett Fountain Lula Radio.
[58:46.080 --> 58:50.480]  We'll be right back.
[58:50.480 --> 58:54.560]  Would you like to make more definite progress in your walk with God?
[58:54.560 --> 58:59.760]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.760 --> 59:01.120]  can really help.
[59:01.120 --> 59:05.440]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.440 --> 59:06.440]  today.
[59:06.440 --> 59:10.480]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.480 --> 59:13.600]  to know God and to know the meaning of life.
[59:13.600 --> 59:18.840]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.840 --> 59:23.120]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.120 --> 59:28.040]  of salvation, growing in Christ and how to build up the church.
[59:28.040 --> 59:33.040]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:33.040 --> 59:49.560]  Life, call Bibles for America toll-free at 888-551-0102 or visit us online at bfa.org.
[59:49.560 --> 01:00:00.760]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.760 --> 01:00:06.440]  The following is flash is brought to you by The Lowest Star Lowdown.
[01:00:06.440 --> 01:00:13.160]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[01:00:13.160 --> 01:00:19.000]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.67 an ounce, silver $1.00
[01:00:19.000 --> 01:00:25.920]  $55.63 a barrel, Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin
[01:00:25.920 --> 01:00:38.000]  Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash
[01:00:38.000 --> 01:00:46.200]  is at $324.10 a crypto coin.
[01:00:46.200 --> 01:00:52.480]  Today in History, the year 1916, the Preparedness Day Bombing, a time suitcase bomb, was detonated
[01:00:52.480 --> 01:00:57.800]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[01:00:57.800 --> 01:01:04.800]  10 and entering 40.
[01:01:04.800 --> 01:01:09.440]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempett
[01:01:09.440 --> 01:01:14.280]  attacks his law back in June, county prosecutors around the state, including Houston, Austin,
[01:01:14.280 --> 01:01:18.120]  and Antonio, have been dropping marijuana possession charges and even refusing to file
[01:01:18.120 --> 01:01:22.280]  new ones, since they are stipulating that they do not have the time or the laboratory
[01:01:22.280 --> 01:01:24.800]  equipment to test the year for THC.
[01:01:24.800 --> 01:01:28.440]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:01:28.440 --> 01:01:33.080]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:33.080 --> 01:01:34.080]  law.
[01:01:34.080 --> 01:01:37.600]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:01:37.600 --> 01:01:42.120]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.120 --> 01:01:48.280]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:01:48.280 --> 01:01:54.520]  well as other cities, too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:01:54.520 --> 01:01:59.000]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:59.000 --> 01:02:01.760]  prosecution of marijuana cases in El Paso.
[01:02:01.760 --> 01:02:06.800]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.800 --> 01:02:10.800]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.800 --> 01:02:13.520]  something illegal based on its chemical makeup.
[01:02:13.520 --> 01:02:17.440]  It's important that if someone is charged with something, the test matches what they're
[01:02:17.440 --> 01:02:22.640]  charged with.
[01:02:22.640 --> 01:02:28.160]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark as the first of its
[01:02:28.160 --> 01:02:33.640]  kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured
[01:02:33.640 --> 01:02:39.520]  or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.520 --> 01:02:44.280]  According to the university paper, the shark secretes a lumus fluid from a gland near its
[01:02:44.280 --> 01:02:50.080]  front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[01:02:50.080 --> 01:03:09.400]  clove.
[01:03:20.080 --> 01:03:29.080]  I will lie in front of my father's house Till he returns
[01:03:29.080 --> 01:03:33.080]  I will lie in front of my father's house Till he returns
[01:03:33.080 --> 01:03:40.080]  He has nothing with his faith and with his heart I will hate my concern
[01:03:40.080 --> 01:03:48.080]  I will lie in front of my father's house Till I realize I'm a father's house
[01:03:48.080 --> 01:03:55.080]  I will lie in front of my father's house Till I realize I'm a father's house
[01:03:55.080 --> 01:04:02.080]  I will guard these walls and fences Till they come to take his place
[01:04:02.080 --> 01:04:23.080]  I will lie in front of my father's house Till I realize I'm a father's house
[01:04:23.080 --> 01:04:32.080]  It is really important that you understand that the fact that everything is political is not a problem
[01:04:32.080 --> 01:04:37.080]  Not realizing that everything is political, that's the problem
[01:04:37.080 --> 01:04:43.080]  Once you know it's political then we got all kind of tools
[01:04:43.080 --> 01:04:50.080]  You are a pro se, you are the most politically powerful person in the courtroom
[01:04:50.080 --> 01:04:55.080]  You can hammer these guys big time
[01:04:55.080 --> 01:04:59.080]  Bar grievances, judicial conduct complaints, criminal complaints
[01:04:59.080 --> 01:05:10.080]  In Texas, Rule 297 says that when a request is made for findings of fact and conclusions at law
[01:05:10.080 --> 01:05:17.080]  The judge shall produce findings of fact and conclusions at law within 20 days
[01:05:17.080 --> 01:05:24.080]  Now the appeals court will not enforce that
[01:05:24.080 --> 01:05:30.080]  If the judge refuses and you complain to the appellate court, they don't care
[01:05:30.080 --> 01:05:42.080]  But the way I read 39.03 Texas Penal Code, it says that if a public official fails to perform a duty he is required to perform
[01:05:42.080 --> 01:05:47.080]  And then the process denies the citizen full of free access to her enjoyment of right
[01:05:47.080 --> 01:05:51.080]  That's a class A misdemeanor in the state of Texas
[01:05:51.080 --> 01:05:56.080]  Rule 297 does not say that the judge may, might or can't if he wants to
[01:05:56.080 --> 01:05:59.080]  It says he shall
[01:05:59.080 --> 01:06:05.080]  So in Till's case we asked for findings of fact and conclusions at law
[01:06:05.080 --> 01:06:11.080]  The judge had 20 days, on the 21st day we filed criminal charges with grand jury against him
[01:06:11.080 --> 01:06:14.080]  You want to dance Bubba?
[01:06:14.080 --> 01:06:18.080]  We will introduce you to the deep end of the pool
[01:06:18.080 --> 01:06:22.080]  Now the judge impaneled that grand jury
[01:06:22.080 --> 01:06:31.080]  So he's pretty sure that even if I manage to get my complaint before the grand jury that they won't indict him
[01:06:31.080 --> 01:06:33.080]  But maybe
[01:06:33.080 --> 01:06:38.080]  Grand juries are like play in Russian roulette
[01:06:38.080 --> 01:06:45.080]  I walked in by prosecutors office, I'm personal friends with the district attorney
[01:06:45.080 --> 01:06:49.080]  And he's sitting with his head in his hand and I said, what's the matter Greg?
[01:06:49.080 --> 01:06:58.080]  He looked up at me and said, those darn grand jurors, you never know what they're going to do
[01:06:58.080 --> 01:07:04.080]  I looked up at the ceiling and held up my hand and said, there is a God
[01:07:04.080 --> 01:07:13.080]  I have a district attorney that does not feel like he can consistently manipulate the grand jury
[01:07:13.080 --> 01:07:18.080]  That makes them a loose cannon always
[01:07:18.080 --> 01:07:25.080]  So you start filing criminal charges, the judge figures everybody's going to try to protect him
[01:07:25.080 --> 01:07:29.080]  But the problem is, what if they don't?
[01:07:29.080 --> 01:07:35.080]  About six years ago I filed criminal charges against all the highest judges in Texas
[01:07:35.080 --> 01:07:39.080]  And this is what taught me about politics
[01:07:39.080 --> 01:07:45.080]  I filed a writ of habeas corpus with the court of criminal appeals, in Texas we have two high courts
[01:07:45.080 --> 01:07:49.080]  We have a high court for civil and a high court for criminal
[01:07:49.080 --> 01:07:54.080]  Supreme for civil, court of criminal appeals for criminal
[01:07:54.080 --> 01:07:56.080]  I filed a habeas corpus
[01:07:56.080 --> 01:08:01.080]  The clerk asked me for a motion for leave to file, I said screw that
[01:08:01.080 --> 01:08:05.080]  This is the habeas, the writ of right, the great writ
[01:08:05.080 --> 01:08:09.080]  This court has no power to grant or deny leave
[01:08:09.080 --> 01:08:12.080]  And he said, well I can't take it without it
[01:08:12.080 --> 01:08:15.080]  So I'm trying to get this kid out of jail, so that wasn't my fight
[01:08:15.080 --> 01:08:18.080]  So I filed a motion for leave
[01:08:18.080 --> 01:08:23.080]  The highest court in Texas denied me leave to file a habeas corpus
[01:08:23.080 --> 01:08:27.080]  Are you kidding me? That's insane
[01:08:27.080 --> 01:08:30.080]  I went straight to the grand jury
[01:08:30.080 --> 01:08:34.080]  The prosecutor blocked me for a year
[01:08:34.080 --> 01:08:41.080]  I bushwhacked the highest criminal judge in, the head of criminal judge in Travis County
[01:08:41.080 --> 01:08:45.080]  With criminal complaints against the district clerk
[01:08:45.080 --> 01:08:50.080]  For refusing to give criminal complaints against the district attorney of the grand jury
[01:08:50.080 --> 01:08:57.080]  Because the district attorney refused to give criminal complaints against all the highest judges in Texas to the grand jury
[01:08:57.080 --> 01:09:05.080]  The judge looked at those complaints and I could see this whole career pass before his eyes
[01:09:05.080 --> 01:09:13.080]  Well it took a year and the prosecutor finally gave the complaints to the grand jury
[01:09:13.080 --> 01:09:21.080]  And I thought it was all of my eloquent oratory and all the pressure I put on the courts
[01:09:21.080 --> 01:09:25.080]  Had nothing to do with any of that
[01:09:25.080 --> 01:09:29.080]  Ron Earl, 25 year district attorney
[01:09:29.080 --> 01:09:32.080]  He's not running for office again, he's retiring
[01:09:32.080 --> 01:09:34.080]  He's a Democrat
[01:09:34.080 --> 01:09:39.080]  All nine of the judges on the court of criminal appeals are Republicans
[01:09:39.080 --> 01:09:48.080]  That dirty rotten scoundrel took my complaints and used them as cannon fodder to try to take out all these judges with him
[01:09:48.080 --> 01:09:52.080]  Valuable lesson, they will never be afraid of you
[01:09:52.080 --> 01:09:59.080]  They will be afraid of the political cannon fodder you can deliver to their political opponents
[01:09:59.080 --> 01:10:06.080]  And the higher up someone is in the political hierarchy, the more enemies they have
[01:10:06.080 --> 01:10:09.080]  So the more sensitive they are
[01:10:09.080 --> 01:10:19.080]  They will never tell you, they will do everything they can to give you the impression that what you're doing simply doesn't matter
[01:10:19.080 --> 01:10:25.080]  If I'm about to get in fight with a kid in high school parking lot and I just hurt my shoulder
[01:10:25.080 --> 01:10:31.080]  I'm not going to turn to him and say, you see this spot right here, don't hit me there because that's really sore
[01:10:31.080 --> 01:10:36.080]  I'm going to turn that in front of him and say, go ahead, take your best shot
[01:10:36.080 --> 01:10:42.080]  Because I'm going to, he's going to know that's where I want to hit him, want him to hit me, he's going to hit me somewhere else
[01:10:42.080 --> 01:10:45.080]  This is exactly what they do
[01:10:45.080 --> 01:10:49.080]  You file a bar grievance against the lawyer and he acts like it doesn't matter
[01:10:49.080 --> 01:10:53.080]  He filed a second one and all of a sudden a new lawyer is in his place
[01:10:53.080 --> 01:10:57.080]  Nobody will ever mention the bar grievance
[01:10:57.080 --> 01:11:00.080]  And it's part because they're forbidden to
[01:11:00.080 --> 01:11:04.080]  If they mention the bar grievance, you grieve them for that
[01:11:04.080 --> 01:11:08.080]  But at the end of the day, you know what's going on
[01:11:08.080 --> 01:11:15.080]  You know, we'll try to teach you what's happening behind the scenes that they're never going to tell you
[01:11:15.080 --> 01:11:23.080]  The best option you have is to make a deal
[01:11:23.080 --> 01:11:31.080]  The courts will never rule in favor of a prosa if there's any possible way they can avoid it
[01:11:31.080 --> 01:11:39.080]  Now that may not be right, but that's how it works in the world you and I live in
[01:11:39.080 --> 01:11:43.080]  So what you do is you beat them up real good
[01:11:43.080 --> 01:11:55.080]  And then you ask the judge to order mediation and then hire an attorney for the singular purpose of brokering a deal
[01:11:55.080 --> 01:12:03.080]  The lawyers on the other side will never make a deal with a prosa, they'll lose face
[01:12:03.080 --> 01:12:08.080]  So you don't hire a lawyer to adjudicate your case
[01:12:08.080 --> 01:12:14.080]  You hire the lawyer to pull the dirty rotten prosa off the poor mistreated lawyers
[01:12:14.080 --> 01:12:16.080]  And make a deal
[01:12:16.080 --> 01:12:19.080]  It's the only way you're going to win your case
[01:12:19.080 --> 01:12:24.080]  I hate that it's that way, but that's how it is in the world we live in
[01:12:24.080 --> 01:12:27.080]  But it's not necessarily a bad thing
[01:12:27.080 --> 01:12:36.080]  If you can make a deal, then you can come out with some kind of win
[01:12:36.080 --> 01:12:43.080]  I never asked you what the nature of your case is
[01:12:43.080 --> 01:12:48.080]  Only one question, is it a foreclosure case?
[01:12:48.080 --> 01:12:50.080]  No
[01:12:50.080 --> 01:12:56.080]  Okay, then with a foreclosure case, if you do that right you can always get a deal
[01:12:56.080 --> 01:13:03.080]  Other kinds of cases, it depends on how much investment the other side has
[01:13:03.080 --> 01:13:09.080]  Now, critical it is for them to get a win
[01:13:09.080 --> 01:13:16.080]  But if you beat them up really good and you've cost the litigant on the other side a lot of money
[01:13:16.080 --> 01:13:22.080]  You ask the judge to order mediation, the other side is likely to be relieved
[01:13:22.080 --> 01:13:29.080]  They cannot offer a deal to a prosa, they would not dare
[01:13:29.080 --> 01:13:37.080]  So you ask the judge to order them to come to the table, now they can come to the table and not lose face
[01:13:37.080 --> 01:13:42.080]  But if they then have to deal with a prosa, they'll lose face for that
[01:13:42.080 --> 01:13:49.080]  So you bring in a lawyer just for that purpose, you say, okay, here's the deal I want
[01:13:49.080 --> 01:13:55.080]  And anything above this you can get, I'll give you half of
[01:13:55.080 --> 01:14:02.080]  Lawyers love making deals, they don't have to do much work
[01:14:02.080 --> 01:14:08.080]  In effect, what you do is borrow the lawyer's bar card
[01:14:08.080 --> 01:14:10.080]  Right
[01:14:10.080 --> 01:14:15.080]  At the end of the day, that's probably your best option
[01:14:15.080 --> 01:14:21.080]  In the world, believe it, don't expect a win at the end of the day
[01:14:21.080 --> 01:14:29.080]  So you beat them up really good so that you can then get them to make you a better deal
[01:14:29.080 --> 01:14:32.080]  Yeah
[01:14:32.080 --> 01:14:39.080]  And then listen to our show, we go through a lot of really dirty tricks you can use against them
[01:14:39.080 --> 01:14:41.080]  Right
[01:14:41.080 --> 01:14:46.080]  They got dirty tricks they use against you, parents about swear play
[01:14:46.080 --> 01:14:53.080]  At the end of the day, you are the most powerful person in the courtroom
[01:14:53.080 --> 01:14:59.080]  Once they realize you know that, now they want to come to the table
[01:14:59.080 --> 01:15:05.080]  When it comes to the most genie case, I have some people that when someone's getting foreclosed on
[01:15:05.080 --> 01:15:10.080]  They will go to them and pay them enough so they can move
[01:15:10.080 --> 01:15:21.080]  And then get them to write a quick claim to the property and they will adjudicate the mortgage and try to do a short sale
[01:15:21.080 --> 01:15:28.080]  And they came to me and said, if I can't get the bank to give me a short sale, what can you do?
[01:15:28.080 --> 01:15:32.080]  Because when they get the property, then they release the property out
[01:15:32.080 --> 01:15:40.080]  So on my first BS suit, which is my who the heck are you suit, I can keep you in court about 67 years
[01:15:40.080 --> 01:15:47.080]  That's my BS suit and after the courts rule against that one, then I come back with the real suit
[01:15:47.080 --> 01:15:54.080]  I claim all the money you paid on the HUD 1 settlement statement that closing was all bogus
[01:15:54.080 --> 01:15:59.080]  And I sue them for all that money, I'll keep you in court another 7 years on that
[01:15:59.080 --> 01:16:05.080]  And then by then, I can keep them in court essentially forever
[01:16:05.080 --> 01:16:08.080]  You can do that
[01:16:08.080 --> 01:16:15.080]  A knowledgeable prosa, they'll never get out of court with you
[01:16:15.080 --> 01:16:20.080]  So let them know that you're willing to take them on forever, if that's what it takes
[01:16:20.080 --> 01:16:27.080]  You're the most difficult, most unreasonable, dirty rotten scoundrel prosa they've ever met
[01:16:27.080 --> 01:16:34.080]  And when you send your lawyer in there to make a deal, now they can make a deal and not lose face
[01:16:34.080 --> 01:16:39.080]  And go on to other cases where they make money
[01:16:39.080 --> 01:16:41.080]  Sure
[01:16:41.080 --> 01:16:48.080]  Do you have anything else for us? We're about to go to our sponsors, do you have something for the other side?
[01:16:48.080 --> 01:16:52.080]  Yes, I have a question about the attorney general
[01:16:52.080 --> 01:17:00.080]  Okay, hang on, go on to the sponsors, we'll be right back
[01:17:00.080 --> 01:17:05.080]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:41.080 --> 01:17:47.080]  For more information, please visit ruleoflawradio.com and click on the blue Michael Meares banner
[01:17:47.080 --> 01:17:51.080]  And email Michael Meares at yahoo.com
[01:17:51.080 --> 01:17:58.080]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:17:58.080 --> 01:18:01.080]  To learn how to stop debt collectors now
[01:18:01.080 --> 01:18:06.080]  I love Logos, without the shows on this network I'd be almost as ignorant as my friends
[01:18:06.080 --> 01:18:10.080]  I'm so addicted to the truth now that there's no going back, I need my truth pick
[01:18:10.080 --> 01:18:15.080]  I'd be lost without Logos and I really want to help keep this network on the air
[01:18:15.080 --> 01:18:18.080]  But I'm a bit of a Luddite and I really don't have any money to give
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[01:18:20.080 --> 01:18:22.080]  How can I help Logos?
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[01:18:58.080 --> 01:19:00.080]  Happy Holidays Logos
[01:19:00.080 --> 01:19:01.080]  Logos?
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[01:19:07.080 --> 01:19:36.080]  Oh, come on
[01:19:36.080 --> 01:19:41.080]  You can't get everything I want
[01:19:41.080 --> 01:19:47.080]  You can't arrange it
[01:19:47.080 --> 01:19:52.080]  If I can't get everything I need
[01:19:52.080 --> 01:19:54.080]  Okay, we are back
[01:19:54.080 --> 01:19:56.080]  Randy Kelton, we're at Fountain Wheel Radio
[01:19:56.080 --> 01:19:59.080]  And we're talking to Ida in New Jersey
[01:19:59.080 --> 01:20:03.080]  And Ida, I realize I kind of took you off in a different direction
[01:20:03.080 --> 01:20:06.080]  I kind of apologize for that
[01:20:06.080 --> 01:20:12.080]  But after talking to you, I felt like this was some information that you really needed to know
[01:20:12.080 --> 01:20:16.080]  It'll take a little while to digest
[01:20:16.080 --> 01:20:23.080]  But once you begin to look at the courts from this perspective, it'll begin to make sense to you
[01:20:23.080 --> 01:20:26.080]  Yes, you're right
[01:20:26.080 --> 01:20:33.080]  So what I was going to bring up to you and previously was the Attorney General was going to step into my appeal
[01:20:33.080 --> 01:20:44.080]  Because my appeal is essentially based on questioning the state administrative law body
[01:20:44.080 --> 01:20:51.080]  Because I'm essentially saying that there's state law violated to my fundamental constitutional rights
[01:20:51.080 --> 01:20:54.080]  Oh, wonderful
[01:20:54.080 --> 01:21:01.080]  If you're bringing a constitutional issue, they really hate constitutional issues
[01:21:01.080 --> 01:21:03.080]  That's where I need your advice
[01:21:03.080 --> 01:21:08.080]  What do I do with the Attorney General? How do I handle him?
[01:21:08.080 --> 01:21:11.080]  You probably can't handle the Attorney General
[01:21:11.080 --> 01:21:16.080]  Unless you, it depends on what the Attorney General is doing
[01:21:16.080 --> 01:21:22.080]  If it's a constitutional issue, they're going to want to make a deal
[01:21:22.080 --> 01:21:25.080]  I'm absolutely going to want to make a deal
[01:21:25.080 --> 01:21:29.080]  Going to the courts is always a crapshoot
[01:21:29.080 --> 01:21:34.080]  I just talked to somebody about this case, it was the Jazanowski case
[01:21:34.080 --> 01:21:46.080]  In foreclosure, within a year of the mortgage, if you find that they charged you too much for something, you can rescind the mortgage
[01:21:46.080 --> 01:21:55.080]  Jazanowski rescinded the mortgage on the last day over like a $4 or $5 alleged overcharge
[01:21:55.080 --> 01:21:59.080]  On a $300,000 mortgage
[01:21:59.080 --> 01:22:03.080]  This went all the way to the Supreme Court
[01:22:03.080 --> 01:22:11.080]  And the Supreme Court hammered the banks, hammered them big time
[01:22:11.080 --> 01:22:16.080]  Wells Fargo was the one that got it there, and I read the case and I thought
[01:22:16.080 --> 01:22:25.080]  Who on earth ever let this get to the Supreme Court? What were you thinking?
[01:22:25.080 --> 01:22:28.080]  This is the stupidest thing I ever heard of
[01:22:28.080 --> 01:22:37.080]  You took the risk of getting a major ruling against you from the US Supreme
[01:22:37.080 --> 01:22:42.080]  Over something you should have dealt out the first month
[01:22:42.080 --> 01:22:46.080]  What were you thinking?
[01:22:46.080 --> 01:22:57.080]  They always, when you make a constitutional claim, you get a ruling in your favor, you completely change everything they're doing
[01:22:57.080 --> 01:23:00.080]  They do not want that to happen
[01:23:00.080 --> 01:23:07.080]  When I'm looking at a case, I'm always looking for a constitutional challenge
[01:23:07.080 --> 01:23:12.080]  You want to bring them to the table and make a deal? Put a constitutional challenge out there
[01:23:12.080 --> 01:23:21.080]  If you're the lawyer on the other side, and you're especially if you're fighting a prosa over a constitutional challenge
[01:23:21.080 --> 01:23:26.080]  You know what's going to happen to you if you lose that?
[01:23:26.080 --> 01:23:34.080]  You're going to be the laughing stock of the whole industry
[01:23:34.080 --> 01:23:43.080]  The last thing they want to happen is to lose to a prosa, especially on a constitutional issue
[01:23:43.080 --> 01:23:48.080]  So this puts you in a good position
[01:23:48.080 --> 01:23:57.080]  You bargle with them, file judicial conduct complaints against the judge, just make a nuisance of yourself
[01:23:57.080 --> 01:24:03.080]  And then file a motion for court-ordered mediation
[01:24:03.080 --> 01:24:08.080]  I can pretty well guarantee you they will jump on that thing
[01:24:08.080 --> 01:24:15.080]  Give them an opportunity to get out from under a constitutional challenge
[01:24:15.080 --> 01:24:24.080]  Without getting into what the constitutional challenge is, if the claim is strong enough
[01:24:24.080 --> 01:24:28.080]  They will never ever stop fighting you
[01:24:28.080 --> 01:24:36.080]  But if you get them to deal out, then they get to say, we dodged that bullet
[01:24:36.080 --> 01:24:44.080]  Now they can go to the legislators and get them to make adjustments so this never happens again
[01:24:44.080 --> 01:24:53.080]  So you may be able to get your issue fixed without actually having to win in court
[01:24:53.080 --> 01:25:03.080]  But what I'm wondering is Attorney General, what's his role in challenging my constitutional claim to support his administrative code?
[01:25:03.080 --> 01:25:11.080]  The Attorney General in most states is the lawyer for the state
[01:25:11.080 --> 01:25:16.080]  So is the state named in your claim?
[01:25:16.080 --> 01:25:19.080]  An agency of the state
[01:25:19.080 --> 01:25:23.080]  Then he is the lawyer for the agency of the state
[01:25:23.080 --> 01:25:27.080]  In this case, he's just a lawyer
[01:25:27.080 --> 01:25:32.080]  Well, they have their own lawyers
[01:25:32.080 --> 01:25:36.080]  The litigants will have their own lawyers
[01:25:36.080 --> 01:25:46.080]  But even if the agency has their own lawyer, the Attorney General has standing to step into the case
[01:25:46.080 --> 01:25:49.080]  Because he's the lawyer for the state
[01:25:49.080 --> 01:25:56.080]  And since you're raising a constitutional question, he is definitely going to want to get in there
[01:25:56.080 --> 01:26:04.080]  And keep you from getting a constitutional ruling on some of their laws or practices and procedures
[01:26:04.080 --> 01:26:08.080]  Because he's not going to want you to screw up what they're doing
[01:26:08.080 --> 01:26:10.080]  Right
[01:26:10.080 --> 01:26:12.080]  But at the end of the day, he's just a lawyer
[01:26:12.080 --> 01:26:16.080]  The fact that he's the Attorney General doesn't mean squat
[01:26:16.080 --> 01:26:17.080]  Right
[01:26:17.080 --> 01:26:21.080]  And he has no immunity
[01:26:21.080 --> 01:26:22.080]  Right
[01:26:22.080 --> 01:26:24.080]  He's just a lawyer
[01:26:24.080 --> 01:26:26.080]  So how do I fight him?
[01:26:26.080 --> 01:26:29.080]  Do I fight him just on the basis that I would fight the regular lawyers?
[01:26:29.080 --> 01:26:34.080]  Do I have another level to fight an Attorney General politically?
[01:26:34.080 --> 01:26:37.080]  Oh, you filed criminal complaints against him
[01:26:37.080 --> 01:26:40.080]  That'll really make him look bad
[01:26:40.080 --> 01:26:45.080]  Now, the likelihood of you getting him prosecuted on a criminal complaint is very slim
[01:26:45.080 --> 01:26:47.080]  But you get those on the record
[01:26:47.080 --> 01:26:54.080]  He is more politically sensitive probably than anybody else involved in your case
[01:26:54.080 --> 01:27:01.080]  You start filing professional conduct complaints against him and criminal complaints against him
[01:27:01.080 --> 01:27:08.080]  His next opponent is going to drag out those criminal complaints and wave them at him because you're going to tell him about them
[01:27:08.080 --> 01:27:15.080]  And he's going to go before the public and say, oh, those complaints, they are all frivolous
[01:27:15.080 --> 01:27:20.080]  But I have a friend, Ken Magnuson, he's got these four rules
[01:27:20.080 --> 01:27:26.080]  First one is perspective is everything
[01:27:26.080 --> 01:27:29.080]  Second one, everything's political
[01:27:29.080 --> 01:27:35.080]  But the first one is perspective is everything, or perception is everything
[01:27:35.080 --> 01:27:39.080]  It doesn't matter if your complaints are valid or not
[01:27:39.080 --> 01:27:49.080]  The general public, when they hear that a citizen filed criminal charges against an Attorney General for his behavior as Attorney General
[01:27:49.080 --> 01:27:55.080]  It blacks his professional eye, it poisons the well
[01:27:55.080 --> 01:28:03.080]  Just like me filing against all those high level judges, their political opponents used my complaints against them
[01:28:03.080 --> 01:28:08.080]  The higher level they are, the more sensitive they are
[01:28:08.080 --> 01:28:14.080]  Problems all these public officials have is you are outside the system
[01:28:14.080 --> 01:28:21.080]  When I was in the military, if a general was coming to the base, we had to pick up every cigarette butt
[01:28:21.080 --> 01:28:26.080]  We had to cut every blade of grass perfect, everything had to be perfect
[01:28:26.080 --> 01:28:31.080]  There was only one person on the base we were more afraid of than the general
[01:28:31.080 --> 01:28:34.080]  And that was a civilian
[01:28:34.080 --> 01:28:43.080]  Because the civilian was the only one who could march into the general's office and crawl down his throat
[01:28:43.080 --> 01:28:47.080]  You're the civilian in the system
[01:28:47.080 --> 01:28:52.080]  You answer to none of them, they all answer to you
[01:28:52.080 --> 01:28:55.080]  You live in a republic
[01:28:55.080 --> 01:28:58.080]  This is not a democracy
[01:28:58.080 --> 01:29:02.080]  It is a democratic republic, but it's a republic first
[01:29:02.080 --> 01:29:07.080]  In a democracy, if the people want your rights, they can take your rights
[01:29:07.080 --> 01:29:09.080]  If they want your life, they can take your life
[01:29:09.080 --> 01:29:13.080]  Because rights belong to the people
[01:29:13.080 --> 01:29:18.080]  In a republic, rights belong to the individual
[01:29:18.080 --> 01:29:24.080]  While you're not a sovereign citizen, you are the master of your servants
[01:29:24.080 --> 01:29:27.080]  Everybody answers to you
[01:29:27.080 --> 01:29:34.080]  When you understand that, you become the most dangerous person in the building
[01:29:34.080 --> 01:29:42.080]  And the higher up they are in the political hierarchy, the more dangerous you are to them
[01:29:42.080 --> 01:29:45.080]  Because of the more political enemies they have
[01:29:45.080 --> 01:29:53.080]  Hang on, we'll have to go to our sponsors, Randy Kelton, Roodle's on radio, we'll be right back
[01:29:53.080 --> 01:29:58.080]  A top cybersecurity expert has a warning for America
[01:29:58.080 --> 01:30:02.080]  If you build an electrical smart grid, the hackers will come
[01:30:02.080 --> 01:30:05.080]  And they could cause a catastrophic blackout
[01:30:05.080 --> 01:30:09.080]  Under Catherine Albrecht, back with the shocking details in a moment
[01:30:09.080 --> 01:30:11.080]  Privacy is under attack
[01:30:11.080 --> 01:30:15.080]  When you give up data about yourself, you'll never get it back again
[01:30:15.080 --> 01:30:19.080]  And once your privacy is gone, you'll never get it back again
[01:30:19.080 --> 01:30:24.080]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:30:24.080 --> 01:30:29.080]  So protect your rights, say no to surveillance and keep your information to yourself
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[01:30:42.080 --> 01:30:49.080]  Governments love power, so it's only natural they'd want to control the power going into your home too with a smart grid
[01:30:49.080 --> 01:30:56.080]  So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure
[01:30:56.080 --> 01:31:03.080]  But cybersecurity expert David Chox says not so fast if we make the national power grid controllable through the web
[01:31:03.080 --> 01:31:05.080]  Hackers will have a field day
[01:31:05.080 --> 01:31:09.080]  Working remotely, they could tap in and black out the entire nation
[01:31:09.080 --> 01:31:12.080]  Leaving us vulnerable to our enemies
[01:31:12.080 --> 01:31:16.080]  I'd want to pose smart meters for privacy and health reasons
[01:31:16.080 --> 01:31:21.080]  The catastrophic failures caused by hackers? There's nothing smart about that
[01:31:21.080 --> 01:31:26.080]  Like Dr. Catherine Albrecht for StartPage.com, the world's most private search engine
[01:31:28.080 --> 01:31:34.080]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11
[01:31:34.080 --> 01:31:36.080]  The government says their fire brought it down
[01:31:36.080 --> 01:31:41.080]  However, 1,500 architects and engineers have concluded it was a controlled demolition
[01:31:41.080 --> 01:31:44.080]  Over 6,000 of my fellow service members have given their lives
[01:31:44.080 --> 01:31:47.080]  And 1,000 of my fellow force responders have died
[01:31:47.080 --> 01:31:48.080]  I'm not a conspiracy theorist
[01:31:48.080 --> 01:31:49.080]  I'm a structural engineer
[01:31:49.080 --> 01:31:50.080]  I'm a New York City correctional
[01:31:50.080 --> 01:31:51.080]  I'm an Air Force pilot
[01:31:51.080 --> 01:31:53.080]  I'm a father who lost his son
[01:31:53.080 --> 01:31:56.080]  We're Americans, and we deserve the truth
[01:31:56.080 --> 01:31:59.080]  Go to RememberBuilding7.org today
[01:31:59.080 --> 01:32:06.080]  Rule of law radio is proud to offer the rule of law traffic similar
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[01:32:58.080 --> 01:33:27.080]  We all want and deserve
[01:33:28.080 --> 01:33:55.080]  The truth in nature must be just decidedly
[01:33:55.080 --> 01:34:00.080]  The truth in nature must be just decidedly
[01:34:00.080 --> 01:34:02.080]  Okay, we are back.
[01:34:02.080 --> 01:34:05.080]  Brenda Kelton, Brett Fountain, Rule of Law Radio
[01:34:05.080 --> 01:34:08.080]  And Ida, I really need to move on.
[01:34:08.080 --> 01:34:13.080]  We've got three more callers and only two segments.
[01:34:13.080 --> 01:34:17.080]  But I hope I've given you something to work on.
[01:34:17.080 --> 01:34:19.080]  Yes, you have.
[01:34:19.080 --> 01:34:21.080]  Thank you very much.
[01:34:21.080 --> 01:34:27.080]  I understand now what I have to do about my appeal sequence
[01:34:27.080 --> 01:34:32.080]  In terms of structuring what I'm going to file and how I'm going to handle it.
[01:34:32.080 --> 01:34:34.080]  I think I have a better sense of that.
[01:34:34.080 --> 01:34:42.080]  Okay, if you have questions, you can email me at randy at ruleoflawradio.com
[01:34:42.080 --> 01:34:45.080]  And I can answer your questions off the air.
[01:34:45.080 --> 01:34:47.080]  Yes, thanks a lot.
[01:34:47.080 --> 01:34:49.080]  Thanks so much, Randy.
[01:34:49.080 --> 01:34:53.080]  Now we're going to go to Robert in California.
[01:34:53.080 --> 01:34:55.080]  Hello, Robert.
[01:34:55.080 --> 01:34:57.080]  Hey, good evening.
[01:34:57.080 --> 01:35:00.080]  What do you have for us today?
[01:35:00.080 --> 01:35:02.080]  Well, I've got questions.
[01:35:02.080 --> 01:35:05.080]  I think one of them might have been answered.
[01:35:05.080 --> 01:35:09.080]  I was trying to figure out why I had two different judges.
[01:35:09.080 --> 01:35:14.080]  And I think they threw a retired judge.
[01:35:14.080 --> 01:35:23.080]  There was, I got arrested on a warrant, let me back up.
[01:35:23.080 --> 01:35:29.080]  One judge issued a warrant and when I didn't appear for that warrant,
[01:35:29.080 --> 01:35:36.080]  they handed it off to another judge that increased the amount of the warrant.
[01:35:36.080 --> 01:35:44.080]  So I couldn't figure out why I wasn't in front of the judge that issued the first warrant.
[01:35:44.080 --> 01:35:51.080]  And I think it might have to do with the cannon fire.
[01:35:51.080 --> 01:35:58.080]  To protect the younger judge, I could be wrong.
[01:35:58.080 --> 01:36:01.080]  Hammer him anyway.
[01:36:01.080 --> 01:36:07.080]  Yeah, but which judge am I entitled to go in front of, or do I have a choice?
[01:36:07.080 --> 01:36:09.080]  You don't have a choice.
[01:36:09.080 --> 01:36:11.080]  I take whatever they give me.
[01:36:11.080 --> 01:36:13.080]  Yes.
[01:36:13.080 --> 01:36:14.080]  Okay.
[01:36:14.080 --> 01:36:24.080]  And then how do I deal with the five assistant district attorneys?
[01:36:24.080 --> 01:36:26.080]  How do they play into this?
[01:36:26.080 --> 01:36:30.080]  Because they're the ones that are in court, not the district attorney.
[01:36:30.080 --> 01:36:32.080]  Or grief them.
[01:36:32.080 --> 01:36:34.080]  All of them?
[01:36:34.080 --> 01:36:35.080]  Yeah.
[01:36:35.080 --> 01:36:44.080]  If one of them does something improperly, the rest of them have a duty to tell him he's doing it improperly.
[01:36:44.080 --> 01:36:48.080]  And if they don't, hammer all of them.
[01:36:48.080 --> 01:36:54.080]  Say you're an assistant district attorney and you're there with four, with three other assistant district attorneys.
[01:36:54.080 --> 01:36:59.080]  One of them does something wrong and you get hammered for it.
[01:36:59.080 --> 01:37:02.080]  How are you going to, you know, you're down here as a district attorney.
[01:37:02.080 --> 01:37:10.080]  You're probably there as an assistant district attorney because you got out of law school and you didn't get picked up by a law firm.
[01:37:10.080 --> 01:37:19.080]  So you had to have a way to get started or you're a practicing attorney and you're not making enough money to pay your bills.
[01:37:19.080 --> 01:37:22.080]  So you get on as an assistant district attorney.
[01:37:22.080 --> 01:37:25.080]  You don't have to do anything and you get a regular paycheck.
[01:37:25.080 --> 01:37:29.080]  And somebody gets you hammered.
[01:37:29.080 --> 01:37:40.080]  Now you got a mark that when you get, if you get, try to get out of government service and start your own law firm, you got this bar grievance on your record.
[01:37:40.080 --> 01:37:44.080]  It's going to bump up your malpractice insurance.
[01:37:44.080 --> 01:37:48.080]  Three of them and you're screwed.
[01:37:48.080 --> 01:37:54.080]  No law firm in the country will hire you with three bar grievances.
[01:37:54.080 --> 01:37:57.080]  So hammer them.
[01:37:57.080 --> 01:38:11.080]  And you, if you're this lawyer and you get a bar grievance because one of the, what one of the others did, just because you didn't tell them, you're going to go apoplectic.
[01:38:11.080 --> 01:38:13.080]  It's all political.
[01:38:13.080 --> 01:38:27.080]  Okay. When the judge enters a plea for me, will he assign me a DA?
[01:38:27.080 --> 01:38:31.080]  I mean a public defender.
[01:38:31.080 --> 01:38:36.080]  If you request court upon counsel, yes.
[01:38:36.080 --> 01:38:41.080]  Now, should I request it or.
[01:38:41.080 --> 01:38:46.080]  Absolutely.
[01:38:46.080 --> 01:38:53.080]  First, you want to look at the case and get in all your standard motions and pleadings.
[01:38:53.080 --> 01:38:58.080]  Go to traffic ticket website.
[01:38:58.080 --> 01:39:00.080]  I've been there. I've got them.
[01:39:00.080 --> 01:39:04.080]  Okay. Take those documents.
[01:39:04.080 --> 01:39:07.080]  That applied to California.
[01:39:07.080 --> 01:39:11.080]  I'm reading 831. That's California.
[01:39:11.080 --> 01:39:22.080]  And like the preliminary hearing, the mother Hubbard motion, the discovery motion, if it has Brady on it, you can take Brady off and just put discovery.
[01:39:22.080 --> 01:39:24.080]  I think I did that, but I'm not sure.
[01:39:24.080 --> 01:39:26.080]  So it would apply to any state.
[01:39:26.080 --> 01:39:30.080]  Everything that's not peculiar to Texas.
[01:39:30.080 --> 01:39:34.080]  And I think I have it set so it doesn't download the Texas motions.
[01:39:34.080 --> 01:39:37.080]  File all those in the court first.
[01:39:37.080 --> 01:39:38.080]  Okay.
[01:39:38.080 --> 01:39:43.080]  Then ask the court appointed counsel.
[01:39:43.080 --> 01:39:49.080]  Court appointed counsel then inherits the motions that are already before the court.
[01:39:49.080 --> 01:39:52.080]  And when you put those motions in.
[01:39:52.080 --> 01:39:55.080]  Immediately.
[01:39:55.080 --> 01:39:57.080]  Okay.
[01:39:57.080 --> 01:40:06.080]  Get those in as quickly as possible. And then when you get appointed counsel, you tell him that you have these motions before the court.
[01:40:06.080 --> 01:40:12.080]  And you will expect him to adequately adjudicate every single one of them.
[01:40:12.080 --> 01:40:18.080]  He fails to, if you fail to adequately adjudicate a single one on bargery before it.
[01:40:18.080 --> 01:40:20.080]  And the lawyer is going to go apoplectic.
[01:40:20.080 --> 01:40:23.080]  Run to the judge has to be removed.
[01:40:23.080 --> 01:40:27.080]  And you're going to go to the judge and object to him being removed.
[01:40:27.080 --> 01:40:31.080]  He's your counsel of choice and he's under contract.
[01:40:31.080 --> 01:40:34.080]  Then the judge will remove him.
[01:40:34.080 --> 01:40:39.080]  Then you file a tort letter with the judge.
[01:40:39.080 --> 01:40:44.080]  When the judge hears the motion to withdraw.
[01:40:44.080 --> 01:40:46.080]  That's not judicial.
[01:40:46.080 --> 01:40:49.080]  That's administrative.
[01:40:49.080 --> 01:40:57.080]  That is the judge, not the judge adjudicating the case, but administrating his court.
[01:40:57.080 --> 01:41:02.080]  And for that he's not, he doesn't have immunity.
[01:41:02.080 --> 01:41:03.080]  Okay.
[01:41:03.080 --> 01:41:18.080]  So you sue him for, you send him a tort letter noticing him that he has harmed you by violating a constitutional provision that forbids him to interfere with a private contract.
[01:41:18.080 --> 01:41:26.080]  And then you, you notice the court that you have a right to counsel of choice.
[01:41:26.080 --> 01:41:40.080]  Pick the most expensive lawyer in the jurisdiction and demand that the court appoint you your counsel of choice since he removed your first counsel of choice.
[01:41:40.080 --> 01:41:42.080]  Yes.
[01:41:42.080 --> 01:41:44.080]  Yes.
[01:41:44.080 --> 01:41:52.080]  What would you say this particular same situation occurred and the judge told the accused.
[01:41:52.080 --> 01:41:54.080]  No, you don't get to pick the lawyer of your choice.
[01:41:54.080 --> 01:41:55.080]  That's not how this works.
[01:41:55.080 --> 01:41:57.080]  I'm picking him for you.
[01:41:57.080 --> 01:42:00.080]  He reached over to the attorney wheel.
[01:42:00.080 --> 01:42:02.080]  Well, he asked the lady who's on the wheel.
[01:42:02.080 --> 01:42:07.080]  She gave him four names and he goes home and he picked one by name.
[01:42:07.080 --> 01:42:12.080]  So he didn't allow the, it looks to me like about three things he did wrong there.
[01:42:12.080 --> 01:42:16.080]  The judge, but what do you say to a judge in that situation?
[01:42:16.080 --> 01:42:18.080]  You don't.
[01:42:18.080 --> 01:42:20.080]  That goes to appeal.
[01:42:20.080 --> 01:42:24.080]  And that, that's something that's great for interlocutory appeal.
[01:42:24.080 --> 01:42:30.080]  You charge the judge with constitutional violation for denying you counsel of choice.
[01:42:30.080 --> 01:42:38.080]  You have the lawyer you wanted and the judge took him away from you in violation of a constitutional prohibition.
[01:42:38.080 --> 01:42:41.080]  Now you have a right to counsel of choice.
[01:42:41.080 --> 01:42:47.080]  I like that to the court of appeals.
[01:42:47.080 --> 01:42:50.080]  You're setting the records for appeal.
[01:42:50.080 --> 01:42:55.080]  You're giving the judge opportunity to screw it up.
[01:42:55.080 --> 01:43:10.080]  So no matter what lawyer you're forced to go to court with, now you can claim lack of adequate counsel.
[01:43:10.080 --> 01:43:14.080]  Do you like fun?
[01:43:14.080 --> 01:43:18.080]  Yes, sir does.
[01:43:18.080 --> 01:43:19.080]  Robert?
[01:43:19.080 --> 01:43:20.080]  Yes.
[01:43:20.080 --> 01:43:27.080]  The last case I had was in Travis County, Austin, Texas.
[01:43:27.080 --> 01:43:33.080]  They dismissed my case to protect my lawyer from me.
[01:43:33.080 --> 01:43:37.080]  I'll explain a little further when we come back on the other side.
[01:43:37.080 --> 01:43:40.080]  This is Randy Kelton, Brett Fountain, Real Law Radio.
[01:43:40.080 --> 01:43:47.080]  We're going to our last segment and Shane, we may not get to you.
[01:43:47.080 --> 01:43:52.080]  If you have a question or comment, email me and we'll address it there.
[01:43:52.080 --> 01:44:00.080]  Hang on, we'll be right back.
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[01:46:28.080 --> 01:46:39.080]  Okay, we are back. Randy Kelton, Brett Mountain, rule of law radio on this Friday the 13th,
[01:46:39.080 --> 01:46:47.080]  the 13th day of March, 2020, and we're talking to Robert in California.
[01:46:47.080 --> 01:46:49.080]  Okay, Robert.
[01:46:49.080 --> 01:47:04.080]  I would say I'd like to put in a request at the court to change the date
[01:47:04.080 --> 01:47:09.080]  because of all this coronavirus, plus I need a little time,
[01:47:09.080 --> 01:47:14.080]  and I do have some health issues that would warrant me not to go there.
[01:47:14.080 --> 01:47:20.080]  Just put in a motion for continuance for cause. That's relatively simple.
[01:47:20.080 --> 01:47:25.080]  They will probably be thrilled to grant that.
[01:47:25.080 --> 01:47:33.080]  Ask them for 90 days until you already have a weakened immune system
[01:47:33.080 --> 01:47:37.080]  and you're concerned about your health and safety.
[01:47:37.080 --> 01:47:43.080]  Ask them for 90 days to give time for this coronavirus issue to work itself out,
[01:47:43.080 --> 01:47:46.080]  and they will probably be glad to do that.
[01:47:46.080 --> 01:48:03.080]  Okay, and I had to put a $5,000 bail up for the violations that I had, which were fairly minor.
[01:48:03.080 --> 01:48:13.080]  But the judge, I looked on the judicial council and they had a scale for bails,
[01:48:13.080 --> 01:48:17.080]  and the original bail was double what they recommended,
[01:48:17.080 --> 01:48:23.080]  and then the second bail was raised, it went from $2,000 up to $5,000.
[01:48:23.080 --> 01:48:26.080]  Okay, okay, send me an email.
[01:48:26.080 --> 01:48:34.080]  We just had a case in Houston where this law firm,
[01:48:34.080 --> 01:48:39.080]  maybe I can get you in touch with this law firm, sued the city of Houston
[01:48:39.080 --> 01:48:47.080]  claiming that the city of Houston used a formulaic methodology for setting bail,
[01:48:47.080 --> 01:48:56.080]  and that bail was required to be set by a magistrate in a preliminary hearing,
[01:48:56.080 --> 01:49:02.080]  and that by using a formulaic method that it was unconstitutional,
[01:49:02.080 --> 01:49:05.080]  and the court agreed with them.
[01:49:05.080 --> 01:49:12.080]  So you get this case, point it at what they're doing in California,
[01:49:12.080 --> 01:49:18.080]  and then contact this law firm and see if you can interest them in California.
[01:49:18.080 --> 01:49:22.080]  They might pick this up because they just won big time in Houston.
[01:49:22.080 --> 01:49:29.080]  But then when they sued Houston, they sued a chief of police and a captain or two.
[01:49:29.080 --> 01:49:36.080]  Well, they fired them immediately, and then they sent a tech in to wipe their hard drives,
[01:49:36.080 --> 01:49:43.080]  and the court went ballistic and ruled against them punitively.
[01:49:43.080 --> 01:49:48.080]  They appealed it, and the court of appeals denied their appeal.
[01:49:48.080 --> 01:49:51.080]  So they got hammered big time.
[01:49:51.080 --> 01:50:01.080]  So this might be a good opportunity to give these lawyers that just won exactly this kind of case.
[01:50:01.080 --> 01:50:04.080]  A shot at California.
[01:50:04.080 --> 01:50:09.080]  Yeah. Well, when I went on the Judicial Council website,
[01:50:09.080 --> 01:50:21.080]  they listed the counties in California that had presented a schedule,
[01:50:21.080 --> 01:50:32.080]  but other than those counties, the schedule that they had was the norm.
[01:50:32.080 --> 01:50:37.080]  I'm not sure what that meant, that they, you're using pronouns, I hate pronouns.
[01:50:37.080 --> 01:50:43.080]  The schedule that the other counties were using, or the schedule that this county's using?
[01:50:43.080 --> 01:50:51.080]  This county's using, it wasn't listed on the Judicial Council's list of counties
[01:50:51.080 --> 01:51:05.080]  that had been approved to change their bail amounts from the norm which the California Judicial Council suggested.
[01:51:05.080 --> 01:51:08.080]  Okay, too complex for you.
[01:51:08.080 --> 01:51:20.080]  This is exactly the kind of thing that this law firm is likely to pick up because it will give them either a class action or a private attorney general suit.
[01:51:20.080 --> 01:51:22.080]  Okay.
[01:51:22.080 --> 01:51:26.080]  And it's too complex. I wouldn't try to take on an issue like that.
[01:51:26.080 --> 01:51:30.080]  No, no, that sounds good. I just wanted to let you know what they...
[01:51:30.080 --> 01:51:41.080]  Yeah, that's great. It sounds like you've got good grounds for the, you know, they won the constitutional issue of the right to bail.
[01:51:41.080 --> 01:51:48.080]  And let me address the right to bail as opposed to the right to bond.
[01:51:48.080 --> 01:51:55.080]  You don't have a right to bond. You have a right to bail.
[01:51:55.080 --> 01:51:59.080]  Bail does not involve money.
[01:51:59.080 --> 01:52:14.080]  Bail involves an agreement between you and the state where you encumber real property in an amount equal to double the amount of the bail set.
[01:52:14.080 --> 01:52:22.080]  You promise to pay the court double the amount of the bail set if you fail to meet your requirements.
[01:52:22.080 --> 01:52:29.080]  But you don't give them any money. You give them a claim against real property.
[01:52:29.080 --> 01:52:34.080]  So they treat bail as bond.
[01:52:34.080 --> 01:52:50.080]  Bond is an option that you have if you are unable to make bail, if you have no real property or you don't know anyone who will allow a claim against their real property, then your option is to post a cash bond.
[01:52:50.080 --> 01:53:01.080]  When you post bond through a bail bondsman, they post bail. They don't post bond.
[01:53:01.080 --> 01:53:19.080]  They don't put up any money. They have to have property that has a value equal to more than twice the amount of the claim on the bail form.
[01:53:19.080 --> 01:53:41.080]  I have a friend who is a bondsman. He put up unencumbered property, I think, for $250,000. He could write bonds up to $250,000 against that property that he put up.
[01:53:41.080 --> 01:53:48.080]  So he is posting bail for you and he is charging you 10% to post your bail, but they call it bond.
[01:53:48.080 --> 01:54:00.080]  You have the same right. If you own real property or you know someone who would encumber their real property for this amount, you can post bail and it will not cost you anything.
[01:54:00.080 --> 01:54:08.080]  Oh, but then I didn't post bail, I posted a bond.
[01:54:08.080 --> 01:54:11.080]  Right. You posted a bond with a bondsman?
[01:54:11.080 --> 01:54:14.080]  No, I posted the cash.
[01:54:14.080 --> 01:54:27.080]  Oh, then you can go back. If you have real property that has an unencumbered value of double the amount of the bond, at least that's the way it is in Texas.
[01:54:27.080 --> 01:54:37.080]  It may be somewhat different in California, but bail is a written agreement. It does not involve money, so you can get your money back.
[01:54:37.080 --> 01:54:40.080]  Okay.
[01:54:40.080 --> 01:54:44.080]  But look up bail in California. Look it up in the code.
[01:54:44.080 --> 01:54:46.080]  I will.
[01:54:46.080 --> 01:55:01.080]  And how does one deal with the tow truck company that confiscated my car out of the parking lot when they arrested me?
[01:55:01.080 --> 01:55:12.080]  That's more difficult because the tow towing company is contracted with the state.
[01:55:12.080 --> 01:55:22.080]  Once you win your case, then you can go back and sue for that. I don't know if you can depends on the laws in California.
[01:55:22.080 --> 01:55:38.080]  You may not have adequate redress on that issue. So far, I haven't found adequate redress unless you can show that the officers acted improperly and acted in bad faith, then you can sue the officers for that amount.
[01:55:38.080 --> 01:55:40.080]  But that's a hard fight.
[01:55:40.080 --> 01:55:49.080]  That was my next question. Those guys, the officers, how does one deal with them?
[01:55:49.080 --> 01:56:00.080]  Find out who in the state of California licenses peace officers.
[01:56:00.080 --> 01:56:07.080]  And you file a complaint with that agency claiming that they have been adequately trained.
[01:56:07.080 --> 01:56:13.080]  It's like filing a bar grievance against a lawyer.
[01:56:13.080 --> 01:56:24.080]  They have to do the same effect. Six, generally six professional conduct complaints and the officer becomes unemployable as a peace officer.
[01:56:24.080 --> 01:56:28.080]  His career is over.
[01:56:28.080 --> 01:56:37.080]  You file a professional conduct complaint against the officer and that is a big deal.
[01:56:37.080 --> 01:56:52.080]  Excuse me. Or if they acted improperly outside the scope of their authority and committing crimes against you outside of scope, then you can sue them personally.
[01:56:52.080 --> 01:57:01.080]  Am I hearing you talking about a T post complaint? What is she in Texas? It's Texas.
[01:57:01.080 --> 01:57:13.080]  Help me out here, Texas. Well, it used to be T close and they've changed it to T coal, T-C-O-L-E, and it's the Texas Commission on Law Enforcement.
[01:57:13.080 --> 01:57:19.080]  They used to have some stuff in there about education and training. They've reduced this.
[01:57:19.080 --> 01:57:30.080]  But in other states, it's commonly post, P-O-S-T. Obviously, each state has some slight variation, but a lot of them tend to have its post.
[01:57:30.080 --> 01:57:34.080]  Peace officer standards and training, something like that.
[01:57:34.080 --> 01:57:41.080]  Find out who issues peace officers' licenses to police and that's who you file it with.
[01:57:41.080 --> 01:57:42.080]  Okay.
[01:57:42.080 --> 01:57:56.080]  And that'll put a mark on their insurance, their suitability for insurance. Six of those, the insurance, the bonding agency for the jurisdiction will come to the jurisdiction and say,
[01:57:56.080 --> 01:58:03.080]  hey, you got this guy here, he is an unacceptable risk. You keep him, raise your bond rating for the entire department.
[01:58:03.080 --> 01:58:06.080]  What do you think is going to happen to him?
[01:58:06.080 --> 01:58:08.080]  Bye, Bubba.
[01:58:08.080 --> 01:58:16.080]  You can also stir up some more politics by the people who you would complain to when they say, oh, that's not a big deal.
[01:58:16.080 --> 01:58:31.080]  They have certain requirements and you have to look at your state to see what's going on, but they have to address issues in a certain way and we're just about to run out of time here for the evening.
[01:58:31.080 --> 01:58:38.080]  Yeah, so you file against them if they don't do it right. Randy Kelton, Brett Fountain, Blue Love Radio, thank you all for listening.
[01:58:38.080 --> 01:58:47.080]  We'll be back next week and Shane and, oh, okay, Shane, call me later. I'll hang on your issue. Bye.
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