ROL_2020-05-28_16k.timecode
[00:00.000 --> 00:06.900] The following news flash is brought to you by The Lowest Star Lowdown.
[00:06.900 --> 00:13.200] Markets for Monday the 22nd of July 2019 open with Precious Metals, Gold $1,429 an ounce,
[00:13.200 --> 00:21.440] Silver $16.45 an ounce, Copper $2.75 an ounce, Oil Texas Crew $55.63 a barrel, Brent Crew
[00:21.440 --> 00:29.840] $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum
[00:29.840 --> 00:41.520] $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a Crypto Coin.
[00:46.080 --> 00:52.720] In history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on
[00:52.720 --> 00:58.320] Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and
[00:58.320 --> 01:07.520] entering 40 today in history. In recent news, since Governor Greg Abbott signed House Bill
[01:07.520 --> 01:12.720] 1325 legalizing HEPA to tax his law back in June, county prosecutors around the state,
[01:12.720 --> 01:17.200] including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and
[01:17.200 --> 01:21.680] even refusing to file new ones since they are stipulating that they do not have the time or
[01:21.680 --> 01:26.800] the laboratory equipment to test the herb for THC. Margaret Moore, the Travis County District
[01:26.800 --> 01:30.720] Attorney, announced earlier this month that she was dismissing 32 felony possession and
[01:30.720 --> 01:35.440] delivery of marijuana cases because of the law. Mr. Abbott and other state officials,
[01:35.440 --> 01:39.440] including the Attorney General, stipulated in a letter that county district attorneys back on
[01:39.440 --> 01:44.480] Thursday that marijuana has not been decriminalized in Texas, and that these actions demonstrate
[01:44.480 --> 01:51.120] a misunderstanding of how HB 1325 works, as well as other cities, too, like the district attorney
[01:51.120 --> 01:57.360] in El Paso, Cayma Esparza, a Democrat who also stated earlier this month that the law, quote,
[01:57.360 --> 02:02.800] will not have an effect on the prosecution of marijuana cases in El Paso. However, the issue
[02:02.800 --> 02:07.600] was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County,
[02:07.600 --> 02:12.000] who stated that quote, the law is constantly changing on what makes something illegal based
[02:12.000 --> 02:16.000] on its chemical makeup. It's important that if someone is charged with something,
[02:16.000 --> 02:25.040] the test matches what they're charged with. A paper by Tulane University identified a five
[02:25.040 --> 02:30.000] and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico,
[02:30.000 --> 02:35.520] the specimen being only the second pocket shark ever captured or recorded with the other one
[02:35.520 --> 02:40.880] being found way back in 1979 in the East Pacific Ocean. According to the university paper, the
[02:40.880 --> 02:47.520] shark secretes a luminous fluid from a gland near its front fins. For the purpose, it is hypothesized
[02:47.520 --> 03:11.520] to lure and prey who may be drawn into the glow. This is Brook Roadie with the Lowdown for July 22, 2019.
[04:18.480 --> 04:26.080] Okay. Howdy, howdy. Randy Calton, Brett Fountain, Rue La Radio. Brett's not here tonight. He may show up later.
[04:27.840 --> 04:36.800] So you're stuck with me. But I'm turning the phone lines on. We'll have the phone lines on all night.
[04:36.800 --> 04:51.040] Let's see. This is Thursday, the 28th day of May, 2020. It's hard to believe the year is getting
[04:51.040 --> 04:57.520] close to half over already. Seems like we're just getting started. But things are moving along pretty
[04:57.520 --> 05:05.040] good from my perspective. I'm getting close to launching my sweeper project that I've been working
[05:05.040 --> 05:11.520] on. That if I can get this launched and it does the way I expect, I should be able to
[05:11.520 --> 05:17.600] help finance the radio station and maybe upgrade this a little bit. Things are moving along well
[05:17.600 --> 05:29.920] there. I am getting a lot of feedback over shelter in place and wearing masks and all this other
[05:29.920 --> 05:37.680] stuff about this coronavirus issue. If any of you have comments on that, I'd like to hear it. I live
[05:37.680 --> 05:44.000] out in the country. I'm about 35 miles from northwest of Fort Worth. I live in a small town.
[05:45.120 --> 05:51.600] But in moving around out here and going from one town to another and doing my business,
[05:51.600 --> 06:03.600] I haven't noticed the effect of the coronavirus at all for the most part. So a lot of people who
[06:03.600 --> 06:13.200] live in bigger cities will have a better perspective on how it's affecting people and how people feel
[06:13.200 --> 06:22.480] about the news that we're getting and as it relates to the restrictions that's being placed on
[06:22.480 --> 06:28.480] everybody. I would like to hear that. We have a couple of callers already. I'm going to go to those
[06:28.480 --> 06:35.760] callers. The first one, I don't recognize who it is. They're not in my database. I'm not sure if
[06:35.760 --> 06:48.320] their first time called or not. If you are in the 479 area code. Yes, hey Randy, can you hear me?
[06:49.040 --> 06:57.680] Yes, I can. Wow, this sounds like Jeff. Howdy, howdy. Well, if you remember 10 years ago,
[06:57.680 --> 07:03.520] Ms. 56 University sent me to prison for being a sniper and they let me back in.
[07:03.520 --> 07:11.120] Oh, they did? Yes, I'm going to school. I have one more year left for weather.
[07:13.360 --> 07:18.320] Wow, so after putting you in jail, did they feel bad about it or something?
[07:20.400 --> 07:26.480] I got all dramatic and when I showed up to campus, all those teachers, they're all dead.
[07:26.480 --> 07:32.560] There's nobody on campus that knows who I am. They've all died off.
[07:33.920 --> 07:41.120] Oh, maybe that's a good thing. Yeah, it was disappointing. Hold on, Jeff. Move a little
[07:41.120 --> 07:46.560] bit away from your mic. I'm getting a little distortion. Oh, I'm sorry. Can you hear me?
[07:47.440 --> 07:53.680] Yeah. Okay. Well, I've got an interesting question for you. I think this is going to be a fun one.
[07:53.680 --> 07:58.640] Okay. And it's right up your alley because it's right next door.
[08:00.000 --> 08:04.240] As a hobby, I started working for Bonnie and Clyde's family.
[08:06.880 --> 08:13.360] Bonnie and Clyde used to have a hideout in Cottondale, Texas.
[08:14.800 --> 08:21.440] Okay. Almost not a town, a tiny little spot. I actually know where the place that they used
[08:21.440 --> 08:28.800] is a hideout is. It's still there. Anyway, okay, go ahead. Well, they want to dig Bonnie up.
[08:30.480 --> 08:33.280] They want to dig up her grave and move her next to Clyde.
[08:36.400 --> 08:45.200] So, I downloaded the application for disinternment form and the application for
[08:45.200 --> 08:57.200] disinternment consent. That's a vital statistic document 271 and 271.1. And there's also a next
[08:57.200 --> 09:06.560] of kin amendment with that. And that's also covered under 711, I believe, of the Texas code.
[09:06.560 --> 09:14.880] But the only problem is, is that on the application for disinternment permit,
[09:15.600 --> 09:22.160] it requires the signature from the funeral home or from the cemetery. And we want to move her
[09:22.160 --> 09:28.640] from the cemetery at Webb Chapel. And I think it's Harry Hines and we want to bring her down to
[09:28.640 --> 09:34.400] Oak Cliff. And the funeral director is standing in the way and refuses to sign the document.
[09:34.400 --> 09:46.400] What can I do? Sue, Sue, for a mandamus, an order of the court ordering him to,
[09:47.760 --> 09:52.720] unless he can show good cause. And I don't want to, is not a good cause.
[09:54.080 --> 09:59.040] Yeah, well, actually worse. He came up with three false statements. He claimed that there was an
[09:59.040 --> 10:06.880] attorney, which is a lie. The attorney doesn't exist. He claimed that there was a third party
[10:06.880 --> 10:12.960] lot owner that objects and they don't exist because I was sitting with Bonnie Parker's
[10:12.960 --> 10:21.200] niece and she's the lot owner. So he's coming up with all kinds of false statements. So I need
[10:21.200 --> 10:30.160] this for a writ of man. Just Sue him. Okay. If he's a funeral director, he has to have a license.
[10:31.120 --> 10:34.240] Yes, he does. File a complaint against his license.
[10:35.120 --> 10:39.440] With the Texas Funeral Commission. Yes, that'll get his attention.
[10:40.560 --> 10:45.920] Do I need to send them? We also, I was going to bring the family down there and have an
[10:45.920 --> 10:52.080] appointment with him and he's refusing to have an appointment. So do I need to send that form via
[10:52.080 --> 11:00.480] certified mail? Yes, certified. Make sure return receipt. I would do it restricted.
[11:01.360 --> 11:07.120] So only he can sign for it. So he can't claim it. You know, somebody else signed for it by mistake.
[11:08.160 --> 11:13.200] If it's restricted, if it signed by mistake, it's his mistake and not yours.
[11:13.200 --> 11:19.440] Okay. And when he doesn't return that or when he doesn't return it in the mail,
[11:19.440 --> 11:23.120] then I can use that against him to file that complaint, right?
[11:23.120 --> 11:26.720] Yeah, you can probably file this with the Justice of the Peace
[11:28.000 --> 11:32.720] and ask for an order ordering him to release the body.
[11:34.320 --> 11:37.680] Okay. The Justice of the Peace and is that a local Dallas?
[11:37.680 --> 11:44.720] Yeah. He probably wants to keep it there because that's a famous name people come to his place
[11:44.720 --> 11:50.960] just to see that name there. I think that you're right. I think that that's given his funeral,
[11:50.960 --> 12:00.240] his cemetery business. And so give his cemetery the business, file a complaint with the Better
[12:00.240 --> 12:08.400] Business Bureau. Oh, okay. That'll stay in good. I did not know that. That's wonderful.
[12:09.600 --> 12:16.080] Well, my wife bought a couch, a special made to order leather couch
[12:17.360 --> 12:24.080] for $6,000 for a couch. And you couldn't sit on it. Somehow the way it was made,
[12:24.080 --> 12:28.800] when you sit on it, it cost you to scoot forward. We had them come out five or six times to try
[12:28.800 --> 12:32.640] to fix it and they never could. Finally, we told them get it out of here and they wanted to charge
[12:32.640 --> 12:38.560] a 20% restocking charge. And I told them, no, you're going to come get it. You're going to give
[12:38.560 --> 12:45.600] us some money back. They said, no, we're not. So I wrote a scathing complaint to the Better
[12:45.600 --> 12:52.960] Business Bureau. I got a call two days later and they asked me to remove that. Absolutely not.
[12:52.960 --> 12:58.240] You know good rotten scoundrels. They couldn't get out there fast enough with a check for the
[12:58.240 --> 13:04.160] full amount of the couch and get that thing out of our house so that I would get that complaint
[13:04.160 --> 13:09.840] off of there. The Better Business Bureau. A lot of people check Better Business Bureau.
[13:09.840 --> 13:15.680] That's the first place you check if you're looking for a reputable place. So that really does work.
[13:16.800 --> 13:24.160] Okay. Now, when I filed the mandamus with the justice of the police or the justice of the peace,
[13:24.160 --> 13:32.320] is that the same as filing a complaint? Will I get a case number? Yeah. Yeah. He was filing a suit
[13:32.880 --> 13:38.400] asking for a court order ordering him to release the body to the family.
[13:40.000 --> 13:50.080] Oh, okay. Now, will that cost me? Yeah, about 60 bucks. Oh, okay. And since I'm not an attorney,
[13:50.080 --> 13:54.480] will I have one of the family do it and then just sign their name as if they're doing it themselves?
[13:55.200 --> 14:02.240] Yes. And this is a justice of the peace. So both parties can appear. Well, if he's a corporation,
[14:03.440 --> 14:09.440] then he has to have an attorney. But your side can appear without a lawyer.
[14:10.400 --> 14:17.120] Oh, I like that. Okay. That's brilliant. Wonderful. Okay. Well, I will let you go.
[14:17.120 --> 14:21.200] I sure appreciate it. And I sent you an email. I sent you an email, but I'll send you another one.
[14:21.760 --> 14:30.800] Yeah. And I'm not intimately familiar with this area of law, but it's unreasonable to presume
[14:30.800 --> 14:38.800] that the funeral director would have any standing on deciding whether or not a body is moved by the
[14:38.800 --> 14:44.320] family of the deceased or not. I would think he would have no standing to interfere.
[14:44.320 --> 14:51.040] Yeah, he doesn't. In fact, I was terrified when he was talking to me because I was naming off
[14:51.040 --> 14:57.760] documents and codes and his voice got real shaky and he tried to hang up on me. So
[14:58.480 --> 15:04.400] there's something that he's suspicious. So suing for $10,000. That's a max you can do in a JP court.
[15:05.440 --> 15:12.880] Oh, just a peace court. Okay. Yeah. So suing for $10,000 for the problem that he's caused.
[15:12.880 --> 15:21.280] And now he's looking at having to justify his position or lose 10 grand. Okay. And put the
[15:21.280 --> 15:26.000] really nasty letter in the bed of the business bureau and a professional conduct complaint
[15:26.000 --> 15:33.200] against him. That'll let him know you're coming after him. Okay. I did not know you could ask
[15:33.200 --> 15:42.320] for money. That's terrific. Sure. Give him emotional distress. Okay. You're right.
[15:45.920 --> 15:52.640] Let's do it. Okay. Enjoy. Okay. Thank you. I'm going to have a lot. It's always fun to ride
[15:52.640 --> 15:59.040] with Bonnie and Clyde. Clyde. Okay. We'll talk to you later. Thank you.
[15:59.040 --> 16:08.400] Okay. Now we're going to Tina in California. Hello, Tina. What do you have for us today?
[16:10.160 --> 16:21.280] Well, I wanted to share with everyone what's going on in my request for declaratory judgment on the
[16:21.280 --> 16:29.120] production of the original note and along just that the other side promised to send me and now
[16:29.120 --> 16:36.080] refuse. And we've been going at this a year, so they spent a pretty penny on it, which is good.
[16:37.840 --> 16:46.080] And so Randy had me file for a request for reconsideration after the judge
[16:46.080 --> 16:56.720] denied my claim with prejudice. And are we going up the cliff, Randy? Yes, and this was a petition
[16:56.720 --> 17:06.880] for declaratory judgment. Which was judgment, yes. It's the 2019 Logos Radio Network annual
[17:06.880 --> 17:13.200] fundraiser and gun giveaway sponsored by Central Texas Gun Works. Go to LogosRadioNetwork.com
[17:13.200 --> 17:18.400] and enter to win. Any amount is appreciated. Everything helps to keep us on the air. From
[17:18.400 --> 17:24.560] Central Texas Gun Works, the grand prize up for grabs is the Spikes Tactical AR-15.
[17:24.560 --> 17:31.120] More prizes and sponsors to be announced. Every $25 donation is a chance to win. When you purchase
[17:31.120 --> 17:37.200] Randy Kelton's ebook, Legal 101, you get four chances to win. Purchase Eddie Craig's traffic
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[17:55.040 --> 18:03.200] win. Go to LogosRadioNetwork.com for details and donate today. Logos Radio Network welcomes a
[18:03.200 --> 18:08.480] new show to our lineup for the new year. Scripture Talk with Nana will begin Wednesday,
[18:08.480 --> 18:15.440] January 8th from 8 to 10 p.m. Central Time. Our goal is in accord with Matthew 5.16. Let your
[18:15.440 --> 18:20.800] light so shine before men that they may see your good works and glorify your Father which is in
[18:20.800 --> 18:26.960] heaven. We wish to reflect God's light and be a blessing to all those with a hearing ear. Join
[18:26.960 --> 18:32.320] Nana and guests for both verse by verse Bible studies and topical Bible studies designed to
[18:32.320 --> 18:37.840] provoke unto love and good works. Our verse by verse Bible studies will begin in the book of
[18:37.840 --> 18:44.000] Matthew where we will discuss one chapter per week. Our topical Bible studies will vary each week
[18:44.000 --> 18:49.200] and will explore sound doctrine as well as Christian character development. So mark your
[18:49.200 --> 18:56.880] calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8
[18:56.880 --> 19:08.720] for an inspiring and motivating discussion of the Scriptures.
[19:08.720 --> 19:32.400] Okay, we are back. Randy Carlson, LaRue LaRueio, hero by myself tonight and we're talking to Tina
[19:32.400 --> 19:43.520] in California. Okay, you found a motion for reconsideration. Yes, I found a motion for
[19:43.520 --> 19:50.720] reconsideration and you said that it doesn't matter if it's late because they probably won't grant it
[19:50.720 --> 20:04.160] but they, you know, it's just a way to buy time and so that's what I did and, you know, it was
[20:04.160 --> 20:13.200] interesting because I had received a notification from the other side stating that, you know,
[20:13.200 --> 20:22.080] the judge had entered an order, you know, in my case and that, you know, and they had proposed
[20:22.080 --> 20:31.440] the order that it would be dismissed with prejudice. And so, you know, I filed the request
[20:31.440 --> 20:41.520] and in it I put that I, you know, I received, found it strange that I had not received anything
[20:41.520 --> 20:51.360] from the court in regards to my, in regards to the judgment and that I'd only received something
[20:51.360 --> 20:56.960] from the other side. So, if the other side is working for the court, could they please let me
[20:56.960 --> 21:05.360] know so I could plan accordingly? Well, lo and behold, the other week I got notification
[21:05.360 --> 21:14.080] that they have granted my request for reconsideration and I have a hearing on June 3rd. On the same
[21:14.080 --> 21:21.520] day I got a notification from the court with the order that is signed by the judge but it wasn't
[21:21.520 --> 21:31.360] signed until May 5th and it's the proposed judgment that the other side put in and it,
[21:31.360 --> 21:36.400] they wanted the plaintiff shall take nothing by way of this action. Final judgment has entered
[21:36.400 --> 21:41.920] in favor of Citbank and this entire case is dismissed in its entirety and with prejudice
[21:41.920 --> 21:46.720] and it came back, they just crossed out the proposed on both pages and the judge signed it.
[21:46.720 --> 21:54.240] But the key thing, it wasn't signed until June 5th. So, May 5th. So, then a few days ago I got
[21:54.240 --> 22:03.440] a notification from the other side. They had filed a opposition to my motion for reconsideration
[22:04.000 --> 22:09.120] and the first thing they said was that it should be dismissed because it's untimely
[22:10.800 --> 22:18.080] and under, you know, certain, this, that and the other that I should not, you know, should not be
[22:18.080 --> 22:25.520] heard. Well, one of the things I found that and this is just for California so I don't know that
[22:25.520 --> 22:33.840] it'll help other states. Rule 58 of the Rules of Civil Procedure was amended effective October 1st,
[22:33.840 --> 22:42.560] 1994 to make the moment of entry of judgment more easily identifiable. And according to rule 58,
[22:42.560 --> 22:50.640] a judgment is entered when it is reduced to writing signed by the judge and filed with the
[22:50.640 --> 22:58.000] clerk of the court. This means that since October 1st, 1994, statements made by the judge from the
[22:58.000 --> 23:06.640] bench are not enforceable orders or judgments and the judge is not required to enter a written
[23:06.640 --> 23:13.760] order or judgment that conforms to any statement made from the bench. So, maybe you can chime in
[23:13.760 --> 23:18.080] here with something that might help others. What do you think, Randy, on that?
[23:19.120 --> 23:27.120] That is likely to be very consistent across the states. I know here in Texas there is no order
[23:27.120 --> 23:34.160] until the order has been signed by the judge and filed in the record. A ruling in court doesn't mean
[23:34.160 --> 23:40.320] anything. The judge can make a ruling in court and then think about it later because maybe you
[23:40.320 --> 23:46.880] said something to really annoy him. And he just popped off and rendered a ruling that once he
[23:46.880 --> 23:52.320] thinks about it, oh, it's kind of a bad idea. Maybe I shouldn't go quite that far. He can do
[23:52.320 --> 23:58.400] something else when he actually signs the order. And that's because both parties will have an
[23:58.400 --> 24:06.240] opportunity to raise an opposition. So, yeah, that fits. And you know, a lot of the questions I get
[24:06.240 --> 24:17.360] here, people think I know all the law. No, I don't. But I have found the law to be very well
[24:17.360 --> 24:25.440] constructed. It's not always followed very well, but it is well constructed. And if you take the
[24:25.440 --> 24:33.680] reasonable person of ordinary prudence approach and you look at something and say, you know,
[24:33.680 --> 24:41.360] that really should be against the law. Or reasonably, things should be this way. Reasonably,
[24:42.240 --> 24:49.440] an order should not be considered an order until it's signed. That's reasonable. And I suspect
[24:49.440 --> 24:58.480] you'll find that in every state because an order spoken in court, maybe the court reporter gets
[24:58.480 --> 25:08.960] it written down right. Maybe she doesn't. It's too iffy. And law is not designed to be that variable.
[25:08.960 --> 25:20.480] And it cannot be lost on these lawyers that that order was not an order until it was signed.
[25:21.200 --> 25:26.560] They know that. They are knowingly and deliberately lying to the court. They're hoping
[25:26.560 --> 25:32.480] that you won't catch it and you won't raise an objection to it. That should get a motion for
[25:32.480 --> 25:40.720] sanctions. Failure to speak with Candor to the court. Candor. Failure to speak with Candor. Okay.
[25:41.440 --> 25:45.680] It's interesting because what they put in here where the motion was untimely,
[25:45.680 --> 25:50.880] they put to code of civil procedure 1-008 provides an relevant part that a motion for
[25:50.880 --> 25:57.600] reconsideration may be made within 10 days after service upon the party of written notice of entry
[25:57.600 --> 26:04.720] of the order. Here CIT served the notice by mail on February the 27th, 2020 and accordingly
[26:04.720 --> 26:09.840] Coolbrook's deadline to file this motion was March 13th. However, she did not file the instant
[26:09.840 --> 26:16.160] motion until April the 2nd. Pursuant to California rule of court 3.130, the court may in its
[26:16.160 --> 26:21.760] discretion refuse to consider a late filed paper. The court can and should do in this
[26:21.760 --> 26:27.040] circumstance but wouldn't rule 58 over rule that because it's not an entry of an order
[26:27.040 --> 26:32.960] until it's signed by the judge and filed by the court. And they didn't send me a copy of the signed
[26:32.960 --> 26:39.600] one because it wasn't signed till May the 5th. So you received the notice of something
[26:41.040 --> 26:48.880] but it wasn't notice of an valid order. No. You received notice of what the judge was very
[26:48.880 --> 26:56.160] likely to file as an order or what the judge had indicated. She intended to file as an order but
[26:56.160 --> 27:04.480] you did not receive notice of an order and they knew that. Yeah. This is not some obscure reading
[27:04.480 --> 27:11.760] of the law. What I received from them was basically a copy of the judge's tentative which at the
[27:11.760 --> 27:20.320] hearing she said she was going to adopt her tentative as a rule. That's not a signed order.
[27:20.320 --> 27:25.360] No, it's not and they know that. So that should also get a bar grievance.
[27:26.800 --> 27:31.760] Oh, that's a good idea. I like that. Bar grievance for failure to speak with Canada to the court.
[27:32.320 --> 27:39.600] Yes. I will do that one. Then the other thing, what brings something else up here because I had
[27:39.600 --> 27:44.880] never seen this rule before but I wanted to find out about something on their own timeliness.
[27:44.880 --> 27:51.280] In one of my prior cases there was a judge that would never let me get into court hearing
[27:51.280 --> 27:55.840] and he cancelled all the hearings and said he would rule in his chambers every single time
[27:55.840 --> 28:03.920] he would cancel the day before. He never signed his order. All the way through there was never
[28:03.920 --> 28:09.600] a signature. There was a clerk stamp on it that it was entered but never his signature.
[28:09.600 --> 28:19.600] Would that give me rise to go back or file something against that judge for not signing any order?
[28:20.880 --> 28:27.360] Did someone act in furtherance of what the judge said he was going to do?
[28:30.480 --> 28:33.760] Like the judge, the judge said he was going to rule a certain way
[28:33.760 --> 28:42.720] or he filed a proposed order that wasn't signed. Did someone act on that order to your detriment?
[28:43.760 --> 28:47.520] Yes. Oh, then sue whoever acted on it.
[28:47.520 --> 28:55.440] The appeal court, when I filed an appeal, the appellate court said that my appeal was
[28:55.440 --> 29:01.360] frivolous and even though the lower court had ruled me as an indigent, they didn't believe
[29:01.360 --> 29:05.200] I was so if I didn't pay the fees they weren't going to hear it and even if I paid the fees
[29:05.200 --> 29:10.400] they probably wouldn't hear it anyway or would that effect which of course that's extorting
[29:10.400 --> 29:16.000] the money out of me and then they said it was frivolous and the other side's been writing on
[29:16.000 --> 29:25.040] that frivolous part ever since. Well, it might have been frivolous because there was no order.
[29:25.040 --> 29:32.320] There you go. I've put in something about that so I'm going to go back and look at it and then
[29:32.320 --> 29:38.560] I'll come back on this because if I can go back and file something against the judge.
[29:39.600 --> 29:46.400] You can challenge the ruling of the court of appeals under subject matter jurisdiction.
[29:46.400 --> 29:56.000] Okay. Since there never was a signed order, there never was a final order in the case
[29:56.000 --> 30:00.240] and the court of appeals never received subject matter jurisdiction.
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[33:22.960 --> 33:41.280] okay we are back Randy Kelton rule of law radio and we're talking to Tina I'm sorry Randy
[33:41.280 --> 33:49.200] Kelton rule of law radio on this Thursday the 28th day of May 2020 and we're talking to Tina in
[33:49.200 --> 33:57.040] California. Okay Tina so one of the things you just said about the challenge in the jurisdictional
[33:57.040 --> 34:04.720] matter would this also affect the rest of the cases because they all go back to that one case
[34:04.720 --> 34:10.800] and said that judge ruled that you had registered a carter and there's dismissed prejudice so it
[34:10.800 --> 34:15.280] all hinges back on that first and the second case where the judge didn't sign his orders.
[34:15.280 --> 34:22.000] Oh that would be wonderful yes that case was never completed no final order in the case.
[34:23.040 --> 34:27.200] Yeah so everything that follows from that later collapses.
[34:29.200 --> 34:35.760] Okay well let me go back and find all that and see if that is true and I just wanted to
[34:36.800 --> 34:42.000] say one of the they said I didn't find any new facts or anything to challenge the
[34:42.000 --> 34:48.480] this and so what I put in there I put a quite a bit in but what I the main thing I put in was
[34:49.520 --> 34:54.400] the history of the alleged loan at issue was irrelevant to the one question before the court
[34:54.400 --> 35:00.480] does the plain language in California statute 2941 mean what it says and its petitioner entitled
[35:00.480 --> 35:06.880] to the original notice promised by respondents CIT's attempt to constantly refer to this petition
[35:06.880 --> 35:11.600] as a claim and a rehash of all claims is the clear attempt to deceive the court and an attempt
[35:11.600 --> 35:17.200] to distract from the continued refusal to furnish the original notice promised upon written request
[35:17.200 --> 35:22.080] of the mortgage or in brackets petitioner. They are continuously attempting to hide the fraud
[35:22.080 --> 35:26.720] and borders that have been going over years. Then I put the petitioner is entitled to receive
[35:26.720 --> 35:32.240] the original note on the lunges because petitioner the mortgage or is the one that fully satisfied
[35:32.240 --> 35:39.120] the note as evidenced by the attached Napa David pertaining to the full price offer given to one
[35:39.120 --> 35:46.080] left bank you know in 2013 based on their own calculation and stated in the notice the trustee
[35:46.080 --> 35:53.280] sale officially recorded on which they sent 97 copies the same day to me and had the audacity
[35:53.280 --> 35:59.680] to add 2000 to the account for sending me an abusive amount of mailings. They unjustly refused
[35:59.680 --> 36:04.800] this offer and violated the law of tender. The foreclosure sale should never happen because full
[36:04.800 --> 36:10.160] tender had been offered and refused multiple times and the widely bearing amounts claimed as due
[36:10.160 --> 36:16.160] were all fiction. The trial court has no discretion in determining what the law is applying the law to
[36:16.160 --> 36:21.280] the facts. That's a clear failure by the trial court to analyze or apply the law correctly will
[36:21.280 --> 36:28.560] constitute an abusive discretion and I found the case Randy it's Walker V. Packer. Walker V. Packer,
[36:28.560 --> 36:35.040] okay. Yeah and then I said then I finished with neither the trial or appellate court supplied the
[36:35.040 --> 36:40.240] law to all the facts in my case they especially refused to apply the law of tender which is
[36:40.240 --> 36:47.120] noticeably clear and evidence is full satisfaction of the alleged debt and I listed four tender
[36:47.120 --> 36:53.440] rules that say that and then I put in there has been a clear failure by the prior court to analyze
[36:53.440 --> 36:59.200] or apply the law correctly and you know because I kept repeating this to the judge will understand
[36:59.200 --> 37:04.800] what and where I'm going if she doesn't apply the law properly. And then I put further under
[37:04.800 --> 37:10.960] California evidence code 623 wherever a party has by his own statement intentionally deliberately
[37:10.960 --> 37:16.320] led another to believe a particular thing to be true and act upon it. He is not in any litigation
[37:16.320 --> 37:21.760] arising out of such statement of conduct permitted to contradict it. Counsel for CIT by his own
[37:21.760 --> 37:26.160] statement of conduct deliberately led me to believe they would send the original note and I
[37:26.160 --> 37:31.280] acted upon it therefore under this code CIT and its counsel are judicially stopped from
[37:32.080 --> 37:37.360] contradicting it in any litigation arising out of that statement conduct and this litigation
[37:37.360 --> 37:43.120] arose out of that very conduct. And then I went on to attack the residue to cut a piece and took
[37:43.120 --> 37:49.120] some stuff out of my appeal to the Supreme Court explaining why they did not apply the
[37:49.120 --> 37:56.160] law fairly. So I just threw that response in there today. Okay well let me comment. I am
[37:57.120 --> 38:05.920] surprised that the court granted your motion for reconsideration. That is unusual.
[38:08.320 --> 38:14.720] Generally once a judge rules they don't like their rulings being questioned.
[38:14.720 --> 38:25.520] But I am not sure how the law reads in specifically in this area in California but in Texas if you
[38:25.520 --> 38:35.280] don't ask for reconsideration you haven't perfected your appeal. So this can be construed as perfect
[38:35.280 --> 38:40.560] in your appeal giving the judge notice that you have reason to believe that the judge
[38:40.560 --> 38:45.760] ruled failed to properly apply the law to the facts and giving the judge opportunity
[38:46.320 --> 38:53.360] to reconsider those rulings before you go ask the court of appeals to rule that he made a mistake.
[38:56.320 --> 39:05.280] So the judge actually picked it up. Well I did also put in that I was I filed a notice of intent
[39:05.280 --> 39:11.440] to appeal and remember this is the judge that I sent the letter complimentary letter to the
[39:11.440 --> 39:18.480] judicial counsel for on the fact that she treated me with respect and followed the judicial
[39:18.480 --> 39:24.560] canons of ethics but I put in the letter although I disagree entirely with the judge's decision and
[39:24.560 --> 39:31.200] I do intend fully intend to appeal it I must compliment her on following the judicial canons
[39:31.200 --> 39:36.480] of ethics and treating approach they litigant far better than any other judges ever treated me.
[39:37.760 --> 39:47.680] That will go a long way. Well they don't get me any compliments like that.
[39:49.360 --> 39:56.800] I have a friend who bought a house and they built his house and he did such a good job he sent
[39:56.800 --> 40:03.680] him this glowing letter. 15 years later he had a salesman come to sell him a new house
[40:04.880 --> 40:10.720] and in letting him know how good the company was he showed him a letter from one of their
[40:10.720 --> 40:22.320] satisfied customers. He was the satisfied customer. So that was sending them a letter like that
[40:22.320 --> 40:29.520] can go a long way and now the fact that she is actually reconsidered it may have really went a
[40:29.520 --> 40:40.160] long way because if you're a judge and you do your job right generally neither side will be happy with
[40:40.160 --> 40:48.240] you because you try to find the place in the middle the justice in the middle between two opposing
[40:48.240 --> 40:54.880] sides I think the worst place for that is family law a good family law judge everybody will be
[40:54.880 --> 41:00.000] upset with him because he doesn't give anybody everything they want so it's got to be hard to
[41:00.000 --> 41:08.160] be a judge you're always going to make somebody unhappy so even to get the one you ruled against
[41:08.160 --> 41:16.320] to compliment you that's got to be a good thing for her. Yeah that's what I was hoping that they
[41:16.320 --> 41:21.360] wouldn't think that the next time I filed a complaint against the judges only because they ruled
[41:21.360 --> 41:27.680] against me you know so I decided I would file a compliment only because it was you I wouldn't
[41:27.680 --> 41:35.280] have filed it if she had treated me with disrespect but she was really very fair in the way she
[41:35.280 --> 41:41.840] addressed me and she told me at the end you know when I said that I didn't think there was a lot of
[41:41.840 --> 41:49.200] justice in California she said well I try to do that in my court and Ms. Colbert you have argued
[41:49.200 --> 41:56.800] better than many attorneys that come before me so I just thought you know this is the right time to
[41:56.800 --> 42:03.360] do it when it's justified not just as a ruse. That's the kind of thing that gets pulled out
[42:03.360 --> 42:09.360] when she's running for office again you know here's a comment by someone I ruled against
[42:09.360 --> 42:14.720] that's the kind of thing that you know they can really use it so that was good and and the fact
[42:14.720 --> 42:20.960] that she picked up your emotion for reconsideration that is wonderful. Okay got a whole board full
[42:20.960 --> 42:31.520] of callers there you go. Okay thank you Tina. Okay now I'm going to go to Scott in Texas hello
[42:31.520 --> 42:40.240] Scott what do you have for us today? Well a couple of things I would love to be able to talk about
[42:40.240 --> 42:47.920] attorneys and my lack of appreciation for them but I want to talk a little bit about the coronavirus
[42:48.560 --> 42:57.680] because we've never talked about that this is a good subject. Yeah and you know it's funny because
[42:57.680 --> 43:06.000] I've never wore masks day one in fact when they first came out with it I had already scheduled
[43:06.000 --> 43:13.120] the trip to go to Bangkok, Thailand February 10th and it came out like at the beginning of February
[43:13.760 --> 43:19.360] and so I decided I'm going to go ahead and go I'm not going to cancel my trip or anything
[43:19.360 --> 43:29.520] and I got over there and nobody well I say nobody only maybe about 10 or 15 percent of the population
[43:29.520 --> 43:34.720] in Thailand was wearing a mask nobody was basically wearing a mask. Now wait a minute
[43:35.360 --> 43:43.200] 10 to 15 percent of the people in Thailand wear a mask anyway. Exactly and you're going to fall
[43:43.200 --> 43:49.120] off the cliff so we're you're listening to rules on radio we'll be right back. By night cop
[43:51.760 --> 43:54.880] that was time by the way hang on we'll be right back.
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[46:22.960 --> 46:30.240] okay we are back randy kelton rule of law radio and we're talking to scott in texas
[46:30.240 --> 46:36.240] okay scott you were going to go to you went to thailand i spent some time in thailand
[46:37.360 --> 46:45.680] was an interesting place oh golly and the food is spicy oh my gosh when i was in thailand
[46:45.680 --> 46:55.360] the thai guys used to tease the mexicans and the mexicans would not touch it
[46:56.400 --> 47:03.840] you can die eating that stuff that stuff will take the pain off of cars let me tell you
[47:04.400 --> 47:12.080] it is tough medicine there instead when i got to thailand uh these guys were all around i flew
[47:12.080 --> 47:18.800] into bangkok this is back again um era and these guys are outside the hotel yeah i mean sure you
[47:18.800 --> 47:24.720] bangkok so i said this guy okay show me bangkok he's taking me all around bangkok and he took me
[47:24.720 --> 47:29.840] to a restaurant i said you hungry he said yeah i asked him can you give me something to eat will
[47:29.840 --> 47:37.280] make me sick oh yeah i take care of you he orders this makes my order for me they bring this bowl
[47:37.280 --> 47:43.760] of water with a little meat gristle and grass floating around in it and i figured they boiled it
[47:43.760 --> 47:49.760] so that uh they killed any little squirmy things in there and they brought me a spoon that looked
[47:49.760 --> 47:56.960] like a shovel and i took a mouthful of this stuff and thought i was gonna die it was absolutely
[47:56.960 --> 48:07.600] the hottest stuff i ever had in my life and the guy said oh gee i burned mock mock well we had
[48:07.600 --> 48:13.920] guys come in working for us in the bomb dump and they would for lunch they one guy would spread out
[48:13.920 --> 48:18.320] a sheet of plastic another would dump some rice on it and another one had this little baggie of
[48:18.320 --> 48:23.520] water meat gristle and grass and he'd dump it on there and they would sit on their heels and eat
[48:23.520 --> 48:28.480] with their hands and then they'd be working rubbing their stomach and i'd say what's wrong with you
[48:28.480 --> 48:36.800] oh stomach burn mock mock why do you eat that stuff oh mock mock good the doctors were trying to get
[48:36.800 --> 48:41.200] them to stop using such hot peppers because it was causing heart issues
[48:43.840 --> 48:50.480] oh anyway it was a great place and the greatest thing where i'm in a taxi going from bangkok
[48:50.480 --> 48:57.600] to karat and the school buses there are flatbed trucks with benches in the back and it's full
[48:57.600 --> 49:04.320] of these little bitty kids just adorable little kids and in out in in uniforms and all of them giving
[49:04.320 --> 49:12.240] me the finger that's the way they wave in thailand all these little kids giving me the thing what in
[49:12.240 --> 49:21.040] the world it was an interesting place okay i interrupted go ahead about thailand okay so anyhow
[49:21.040 --> 49:27.520] i was talking to the only one person that's poking was a cab driver and i was talking to him i said
[49:27.520 --> 49:33.680] hey what do you think about this virus thing going around you go oh virus there's no problem
[49:33.680 --> 49:39.360] there's no problem it's just china it goes i said yeah but y'all have some cases here oh they come
[49:39.360 --> 49:46.000] from china it's okay they're quarantined no problem no problem and i said okay no worries in
[49:46.560 --> 49:52.800] and so um i was kind of milling around there for a few days and got ready to leave when i got back
[49:52.800 --> 50:01.520] states side all you could hear about was corona this corona that cb code oh man everybody's gonna
[50:01.520 --> 50:12.880] die blah blah blah and talk radio in the car on the news 24 7 and i thought man this is something's
[50:12.880 --> 50:18.000] kind of weird about all this anyway and then you know i get all my information off the internet
[50:18.000 --> 50:24.240] anyway and so i you know all of a sudden a lot of these conflicting stories start coming out real
[50:24.240 --> 50:31.120] fast because it that basically like the hive mind of the internet they'll start just drilling down in
[50:31.120 --> 50:38.560] the stuff and and start really finding out some big holes in some of the story and that's when you
[50:38.560 --> 50:42.560] know i was kind of telling you about some of this stuff and i was like you know what this is not
[50:42.560 --> 50:51.280] acting up very well and it kind of reminded me when we had that Ebola scare and you know the
[50:51.840 --> 50:58.880] central case was roughly about oh five or six miles because they said Dallas was the epicenter
[50:58.880 --> 51:04.080] well and where that apartment complex was is roughly about like five or six miles from the
[51:04.080 --> 51:10.800] house here and so when it first came out you know it was a big huge scare and oh everybody's
[51:10.800 --> 51:17.440] going to die from Ebola well so i started doing some research on it and found out the Ebola strain
[51:17.440 --> 51:25.040] was about five microns long five to seven microns long so i started looking around like okay you
[51:25.040 --> 51:29.280] know because everybody said oh we're going to get masks get these gas masks get everything you know
[51:29.920 --> 51:37.680] everything it's so i started calling around to find the best military grade gas masks made
[51:37.680 --> 51:45.280] and i found the manufacturer of florida and so i asked them i said well what is the level
[51:45.920 --> 51:51.760] of filtration that that thing goes down to they said oh 10 microns is the best we can get
[51:51.760 --> 51:59.440] it and anything a little bit after that you know you just can't there's oxygen really won't even
[51:59.440 --> 52:04.560] start to come through it'll start to almost filter out the oxygen stop it up basically
[52:05.760 --> 52:10.080] so yeah the mask would be so dense you couldn't breathe through it
[52:11.040 --> 52:17.040] exactly you know we had we had to do gas masks because we were loading nerve gas
[52:17.040 --> 52:26.640] and uh you can hardly breathe in these things and when you're in the tropics and it's 95 degrees
[52:26.640 --> 52:33.440] and 98 percent humidity uh you had to be really really careful because we had guys dropping out
[52:33.440 --> 52:44.880] with heat strokes all over the place so as i understand the m95 mask a coronavirus will
[52:44.880 --> 52:52.960] pass that thing 20 abreast it is of little value to protect you from corona what it's a value for
[52:52.960 --> 53:01.440] is if you have the virus it captures your costs and sneezes and keeps you from broadcasting
[53:02.640 --> 53:07.760] that but that's it so the only one who needs the mask is the one who has the virus
[53:07.760 --> 53:15.360] exactly and that's when i discovered back then it's you know that the that the mask
[53:16.000 --> 53:21.280] wouldn't be able to filtrate out the virus at all it's it's a what i like to call
[53:21.280 --> 53:28.240] putting up a chain link fence trying to keep out mosquitoes so and that that's that's an
[53:28.240 --> 53:36.880] appropriate analogy because 20 mosquitoes could fit through that thing of rest that's a that's
[53:36.880 --> 53:44.560] about right my concern with masks is they give a false sense of security you think you're protected
[53:44.560 --> 53:52.720] when you're not exactly and it and it's turning into almost like a kind of a brainwashing type
[53:52.720 --> 54:00.480] social thing it it's almost like people are doing it to be almost socially accepted now
[54:00.480 --> 54:07.120] you know and and i never wore masks not one time so i'll go into like home depot going to you know
[54:07.120 --> 54:11.760] all these different places and i'm not wearing a mask and i'm whistling while i'm going through
[54:11.760 --> 54:16.560] there so everybody can notice me and they're all sitting there wearing their mask and i'll
[54:16.560 --> 54:21.360] walk up to them you know and if anybody gives me kind of a funny look i'll say hey you know that
[54:21.360 --> 54:26.880] mask is you know not really helping you what do you mean i'm saying i'll give them that analogy
[54:26.880 --> 54:32.400] about that and then if anybody asks i'll bring up the Ebola thing and then i'll tell them about
[54:32.400 --> 54:38.400] hypoxia and they're like what's that now it's like well you're lowering the oxygen in your red blood
[54:38.400 --> 54:46.640] cells causing you to be more susceptible to a virus now and they're like what and i'm like yeah
[54:46.640 --> 54:52.240] you're not doing anything but hurting yourself wearing that mask and you in that mask you
[54:52.240 --> 54:58.080] recirculate your breasts so you exhaust carbon dioxide then you breathe the carbon dioxide
[54:58.080 --> 55:03.200] back in and it lowers the oxygen content of your blood that lowers your immune system
[55:04.240 --> 55:11.840] that's it exactly so today i went into a denny's restaurant because i wanted to get something to
[55:11.840 --> 55:19.680] eat and i walked in there and there was only two other people in this restaurant and it was
[55:19.680 --> 55:25.920] so quiet in there and the poor guy he come walking up to me he's wearing a mask you know
[55:26.560 --> 55:31.280] and uh and i give him this whole steal you know what i just said about all this stuff
[55:31.840 --> 55:37.760] and by the end of it i'm walking out i give him a nice little fat ten dollar tip too you know because
[55:37.760 --> 55:43.760] they're not making any money in there because there's no no patrons visiting the establishment
[55:43.760 --> 55:48.640] and he was like yeah it's pretty because i said man it's really quiet in here he said yeah it's
[55:48.640 --> 55:54.800] pretty sad we don't have hardly any business you know and so i gave him a big fat tip you know
[55:54.800 --> 56:01.680] and uh by the end of it when i told him all this stuff i'm walking out he's taking his mask off
[56:01.680 --> 56:07.600] the sink i'm not wearing my mask anymore i'm just hard laughing you know and uh i was like yeah it's
[56:07.600 --> 56:15.040] just you know people are unaware of some of this stuff and they get they're being conditioned
[56:15.040 --> 56:21.600] now to if they're not wearing this mask oh you're like a bad person i was like no you know three
[56:21.600 --> 56:30.560] months ago nobody was wearing a mask and all this has really been blown so far out of proportion
[56:31.280 --> 56:37.840] that it's it's not even conceivable that it's that it's relative or it's going to even help you
[56:37.840 --> 56:43.840] it's like he said if you're not sick if you are sick then that's the person that needs to be wearing
[56:43.840 --> 56:48.320] a mask if you're not sick you don't need to be wearing a mask because you're going to make yourself
[56:48.320 --> 56:56.720] sick yeah and i went to the the vet recently and uh there was a guy there that had a mask on
[56:57.360 --> 57:06.480] but he was had to be in his 80s and that was appropriate and what it said to me is i understood
[57:06.480 --> 57:12.960] that the mask wouldn't protect him but it told me to pay attention you know this guy is he's older
[57:12.960 --> 57:19.840] he's concerned has legitimate concern about this so give him space and in that case it was appropriate
[57:20.800 --> 57:26.560] well but funny didn't you bring that up because i deal with seniors because i'm in the medicare
[57:26.560 --> 57:33.680] field right and so a couple of weeks ago i had to go visit a couple guys one guy was a korean war
[57:33.680 --> 57:39.200] vet and another guy was a nom vet and so we're sitting there you know naturally talking about
[57:39.200 --> 57:45.520] the virus and stuff and i you know i kind of bring it up and the korean war vet he was the
[57:45.520 --> 57:51.200] funniest of them all because you know we stomped around in all these different places and war
[57:51.200 --> 57:58.400] and everything like that and we weren't worried about no damn virus because i'm laughing at these
[57:58.400 --> 58:05.520] people that are driving in their cars wearing a mask he goes who are they going to get infected
[58:05.520 --> 58:12.080] from they're in their own car so these guys are even laughing at this situation you know they're
[58:12.080 --> 58:20.320] just tough as nails anyway and what we're sitting around just like about they're trying to condition
[58:20.320 --> 58:29.680] us to be subservient and i see this as backfiring on them hang on because it's so ludicrous what's
[58:29.680 --> 58:35.920] going on is ludicrous and the vast majority of the people are recognizing it as ludicrous so
[58:35.920 --> 58:41.040] if it was their intent to brainwash us i don't think it's going to work good hang on
[58:41.680 --> 58:45.120] randy kelton with our radio we'll be right back
[58:50.400 --> 58:56.000] the bible remains the most popular book in the world yet countless readers are frustrated
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[59:53.120 --> 59:59.280] you're listening to the logo's radio network at logo's radio network dot com
[01:00:00.800 --> 01:00:04.720] the following use flash is brought to you by the low star lowdown
[01:00:04.720 --> 01:00:12.080] market for monday the 22 of july 2019 open with precious metals gold one thousand four hundred
[01:00:12.080 --> 01:00:16.240] twenty nine dollars an ounce silver sixteen dollars forty five cents an ounce copper two
[01:00:16.240 --> 01:00:20.480] dollars and seventy five cents an ounce oil texas crude fifty five dollars and sixty three cents a
[01:00:20.480 --> 01:00:25.280] barrel brand crude sixty two dollars and forty seven cents a barrel and cryptos in order of market
[01:00:25.280 --> 01:00:34.800] cap bitcoin core 10 566 dollars and 52 cents ethereum 227 dollars and 26 cents xrp ripple 33 cents
[01:00:34.800 --> 01:00:41.760] white coin 100 dollars and 31 cents and bitcoin cash is at 324 dollars and 10 cents a crypto coin
[01:00:46.160 --> 01:00:52.720] today in history the year 1916 the preparedness day bombing a time suitcase bomb was detonated
[01:00:52.720 --> 01:00:58.560] on market street in san francisco during the world war one preparedness day parade killing 10 and
[01:00:58.560 --> 01:01:07.760] entering 40 today in history and recent news since governor greg abbott signed house bill
[01:01:07.760 --> 01:01:13.440] 1325 legalizing happen to taxes law back in june county prosecutors around the state including
[01:01:13.440 --> 01:01:18.000] houston austin san Antonio have been dropping marijuana possession charges and even refusing
[01:01:18.000 --> 01:01:22.640] to file new ones since they are stipulating that they do not have the time or the laboratory
[01:01:22.640 --> 01:01:27.840] equipment to test the earth for thc margaret more the travis county district attorney announced
[01:01:27.840 --> 01:01:32.800] earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:32.800 --> 01:01:37.440] because of the law mr abbott and other state officials including the attorney general stipulated
[01:01:37.440 --> 01:01:41.760] in a letter that county district attorneys back on thursday that marijuana has not been
[01:01:41.760 --> 01:01:47.600] decriminalized in texas and that these actions demonstrate a misunderstanding of how hb 1325
[01:01:47.600 --> 01:01:54.960] works as well as other cities too like the district attorney in el paso kime asparza a democrat who
[01:01:54.960 --> 01:02:00.000] also stated earlier this month that the law quote will not have an effect on the prosecution of
[01:02:00.000 --> 01:02:05.600] marijuana cases in el paso however the issue was succinctly summarized by mr brandon ball in the
[01:02:05.600 --> 01:02:10.800] system public defender in harris county who stated that quote the law is constantly changing on what
[01:02:10.800 --> 01:02:15.360] makes something illegal based on its chemical makeup it's important that if someone is charged
[01:02:15.360 --> 01:02:25.040] with something the test matches what they're charged with a paper by tulane university identified a
[01:02:25.040 --> 01:02:30.960] five and a half inch american pocket shark as the first of its kind in the guava mexico the specimen
[01:02:30.960 --> 01:02:36.480] being only the second pocket shark ever captured or recorded with the other one being found way
[01:02:36.480 --> 01:02:42.080] back in 1979 in the east pacific ocean according to the university paper the shark secretes a
[01:02:42.080 --> 01:02:49.200] luminous fluid from a gland near its front fins for the purposes hypothesized to lure and pray
[01:02:49.200 --> 01:03:12.960] who may be drawn into the glow this is brody with your lowdown for july 22nd 2019
[01:03:19.200 --> 01:03:32.880] okay we are back randy kelton rula radio on this thursday the 28th day of may 2020
[01:03:34.160 --> 01:03:40.240] and i'm talking to scott in texas scott we need to finish up on this pretty quick i got
[01:03:40.240 --> 01:03:49.440] olivia in from florida he's in florida and he's taking on the state of tennessee
[01:03:51.200 --> 01:04:01.680] for revoking his license for non-payment of a fee and we have uh two federal circuit
[01:04:01.680 --> 01:04:06.960] rulings that says that's unconstitutional and we've got adam he hasn't been on in a while and
[01:04:06.960 --> 01:04:15.040] he's always good he's been taking these guys on and having great fun at it okay what else do you have
[01:04:16.080 --> 01:04:22.960] on the corona no that's it i'll let you get to those guys all i want to say is everybody take
[01:04:22.960 --> 01:04:29.360] off the mask you're looking ridiculous you're not doing anything you're just reinforcing
[01:04:29.360 --> 01:04:35.760] a false narrative so with that with that being said i'll let you get to olivia because i want to
[01:04:35.760 --> 01:04:40.800] hear what he has to say hopefully he found some of that law we were talking about last time so
[01:04:40.800 --> 01:04:47.120] y'all okay and i'm not going to suggest that you take off the mask i'm just going to suggest
[01:04:47.120 --> 01:04:56.400] that you pay attention to what the mask really means and i see the mask more as a communication
[01:04:57.280 --> 01:05:04.960] with the people around me than as a tool to protect me from a virus i'm 70 but i'm in
[01:05:04.960 --> 01:05:11.520] essentially perfect health so i have no fear that even if i did contract this virus that
[01:05:13.200 --> 01:05:21.280] i wouldn't have any great issue with it and i don't want to be cavalier simply because
[01:05:21.280 --> 01:05:28.160] i don't feel threatened by it if you feel threatened by it by all means put that mask on
[01:05:28.160 --> 01:05:36.080] what it says to me is is you feel threatened by this and i will respect that if you've got that
[01:05:36.080 --> 01:05:42.960] mask on i'm going to give you distance just as a matter of respect for your fear and you have
[01:05:42.960 --> 01:05:49.520] a right to have those fears because uh you know you don't know what other people have been through
[01:05:49.520 --> 01:05:56.960] what kind of things they've experienced so if you want to signal to other people that this
[01:05:56.960 --> 01:06:02.560] concerns you put the mask on but don't deceive yourself in thinking that mask is going to protect
[01:06:02.560 --> 01:06:07.920] you that was my concern with it is people get the wrong impression and they think they can be
[01:06:08.720 --> 01:06:13.760] less diligent because they've got that mask on they think you're protected when in fact
[01:06:13.760 --> 01:06:20.640] they are not okay last month's story and i'm sticking to it thank you scott i think i stand
[01:06:20.640 --> 01:06:31.040] corrected then thanks bye okay bye bye okay now we're going to alivia in florida hello alivia
[01:06:34.800 --> 01:06:36.800] alivia did we put you to sleep
[01:06:39.280 --> 01:06:46.160] it looks like we lost alivia okay alivia if you're there and you try to talk to me and i
[01:06:46.160 --> 01:06:53.200] can't hear you try hanging up and calling back hello hello okay there you are got you okay i've
[01:06:53.200 --> 01:07:02.640] been i hit the wrong button hey don't i'm doing good what do you have for us today um i think uh
[01:07:02.640 --> 01:07:07.680] you passed out on the fact i was waiting on the on the feedback from the information that you brought
[01:07:07.680 --> 01:07:16.560] up wait i'm having a little trouble understanding you um last time we spoke i gave you i brought up
[01:07:16.560 --> 01:07:26.400] the information about the standing with this new procedure that um or just new remedy or avoid
[01:07:26.400 --> 01:07:39.440] for vagueness that i've been researching and i'm about to apply and you wanted uh to clarify the standing
[01:07:39.440 --> 01:07:48.000] concept in the case and the in the voice of vagueness to see if we had oh okay okay void for
[01:07:48.000 --> 01:07:56.160] vagueness and okay the okay now i was trying to reconnect with the discussion you were saying that
[01:07:56.160 --> 01:08:07.120] in void for vagueness unlike most other issues you don't have to have been harmed in order to have
[01:08:07.840 --> 01:08:14.320] standing to raise the issue the military commissions act the military commissions act
[01:08:14.320 --> 01:08:22.400] is horribly unconstitutional but i can't raise an issue about it unless i have been harmed by
[01:08:22.400 --> 01:08:29.280] the military commissions act but so what you're saying is is that if i raise the issue that a
[01:08:29.280 --> 01:08:37.280] statute is void for vagueness then that's then i'm saying to the court i read this statute
[01:08:37.920 --> 01:08:47.040] and i don't know how to avoid being in violation of the statute because it's too vague to give me
[01:08:47.040 --> 01:08:56.400] specific knowledge so i am likely to find myself in violation when i don't realize
[01:08:56.400 --> 01:09:01.360] i'm in violation is is that essentially the position the courts have taken
[01:09:03.040 --> 01:09:12.960] yeah but also um what i've i've understood is it was saying that even if you're not in a position
[01:09:12.960 --> 01:09:19.280] like let's say child support right even though you're not you don't have children right now you
[01:09:19.280 --> 01:09:25.840] don't have you're not married you're not in that situation he said that you still have to bring it
[01:09:25.840 --> 01:09:35.920] up because in the future you may be in a in that situation yes and and the statutory construction
[01:09:35.920 --> 01:09:43.680] requirements require that a statute be clear enough so that i can read the statute and know
[01:09:43.680 --> 01:09:51.760] when i would be in violation of it so if i want to do something and that statute is possibly
[01:09:51.760 --> 01:10:00.880] standing in my way i read the statute and how do i determine how to conduct myself so that
[01:10:00.880 --> 01:10:08.640] that i don't wind up in violation of the statute and have to suffer prosecution for violating
[01:10:08.640 --> 01:10:15.120] this statute when i didn't know how to avoid violating in the first place i'm trying to get
[01:10:15.120 --> 01:10:24.480] at the rationale for not requiring harm to give you standing does that sound like what you have
[01:10:24.480 --> 01:10:34.240] found and in the case law or is there something else that's what it sounds like those are the
[01:10:34.240 --> 01:10:43.680] type of examples that they give but from researching the underlying point it seems like
[01:10:43.680 --> 01:10:56.640] they're saying that you have constitutional rights and those rights are protected by due process if
[01:10:58.560 --> 01:11:08.800] you can find a due process um if you can find a due process in violation or due process problem
[01:11:08.800 --> 01:11:18.240] it is allowed to be raised no matter what okay wait i'm not sure i understand that
[01:11:19.920 --> 01:11:29.920] if i'm denied due process i certainly can raise it so are you saying that if i see a statutory
[01:11:29.920 --> 01:11:38.960] construction yeah that has the potential of creating a due process issue for instance in
[01:11:38.960 --> 01:11:46.000] texas they say you don't have a in a misdemeanor case you don't have a right to an examining trial
[01:11:47.520 --> 01:11:55.840] and okay i heard them say that so what you know the fact that i don't have a right to an
[01:11:55.840 --> 01:12:05.520] examining trial a examining trial is a statutory requirement and a statutory requirement goes
[01:12:05.520 --> 01:12:17.040] to due process so i can say the ruling on the application of this case law is wrongful and
[01:12:17.040 --> 01:12:23.120] i challenge that is wrongful even though i haven't been harmed by it because i could be harmed by it
[01:12:23.120 --> 01:12:33.680] is that what you're saying right but you said the ruling where so here i would only attack
[01:12:33.680 --> 01:12:45.120] this ruling the a clearer statutory construction i i didn't come to mind immediately or i would
[01:12:45.120 --> 01:12:57.520] have addressed one but here right to a examining trial has been denied because of a ruling so i
[01:12:57.520 --> 01:13:04.480] should be able to i can't go in and challenge that ruling unless i've been unless i've been harmed by
[01:13:04.480 --> 01:13:11.120] the ruling well you but okay that that is a little off point because you're really speaking to
[01:13:11.120 --> 01:13:18.960] the statute itself the construction of the statute do you have a example ordinance let's say uh
[01:13:20.800 --> 01:13:25.920] there's is that there's a lot but here's one example the word the word driver
[01:13:27.600 --> 01:13:34.880] i can raise the argument that the driver is too broad it's too broad is allowing the police
[01:13:34.880 --> 01:13:43.600] to add the police and the state to prosecutor for using our automobile i have a right to use
[01:13:43.600 --> 01:13:51.600] an automobile and travel upon the roads freely that that is an excellent example because when
[01:13:51.600 --> 01:13:58.000] you and i as ordinary citizens say driver we interpret that in the normal
[01:13:58.000 --> 01:14:07.920] uh common tongue as someone who is driving a motorized conveyance or directing or controlling
[01:14:07.920 --> 01:14:17.040] a motorized conveyance but when a policeman says driving what does that mean Olivier
[01:14:18.640 --> 01:14:24.640] when a police man says driving a police man is referred to someone who's in traffic someone
[01:14:24.640 --> 01:14:33.920] who stands good for profit exactly so those are two very different meanings so if the statute
[01:14:33.920 --> 01:14:43.920] uses this term that has entirely different meanings in different contexts then absent
[01:14:43.920 --> 01:14:53.360] and a definition of the term within the statute then two reasonable persons of ordinary prudence
[01:14:53.360 --> 01:15:03.920] could read to that statute and come to dramatically different conclusions yes but also you have a
[01:15:03.920 --> 01:15:14.000] right to use an automobile so because that because that statute is not clear enough to point out
[01:15:14.000 --> 01:15:24.960] that you have that right and the people who are who are the people who are applying these
[01:15:26.080 --> 01:15:32.640] patches on the people have to be aware of that as in anyone who's listened to Eddie Craig
[01:15:32.640 --> 01:15:46.320] he really harps on this don't call yourself a driver you're not a driver you're an operator of
[01:15:46.320 --> 01:15:54.640] a motorized conveyance and you know he can do that on the air and you know we can talk about
[01:15:54.640 --> 01:16:02.000] that but uh my grandmother would never know how to make that distinction or my my teenage son
[01:16:02.000 --> 01:16:11.280] or daughter would never know how to make that distinction so using the term driver in this
[01:16:11.280 --> 01:16:19.360] context becomes so vague that two reasonable persons of ordinary prudence can come to totally
[01:16:19.360 --> 01:16:28.240] different understandings of what the statute means right that and so what you're saying is
[01:16:28.240 --> 01:16:35.360] is i don't have to be harmed by that i just have to know that that is a landmine laying in front of
[01:16:35.360 --> 01:16:42.880] me and i can raise an issue about it before i wind up in jail over that issue or someone else
[01:16:44.240 --> 01:16:50.720] or someone else exactly i'll aim it hold on or someone else let's speak to that when we come
[01:16:50.720 --> 01:16:58.960] back that's an important distinction randy kelton rule law radio we'll be right back
[01:17:00.640 --> 01:17:06.880] logos radio network welcomes a new show to our lineup for the new year scripture talk with nano
[01:17:06.880 --> 01:17:12.880] will begin wednesday january eighth from eight to ten p.m central time our goal is in accord with
[01:17:12.880 --> 01:17:18.560] matthew five sixteen let your light so shine before men that they may see your good works and
[01:17:18.560 --> 01:17:24.640] glorify your father which is in heaven we wish to reflect god's light and be a blessing to all those
[01:17:24.640 --> 01:17:30.720] with a hearing ear join nana and guests for both verse by verse bible studies and topical bible
[01:17:30.720 --> 01:17:36.800] studies designed to provoke onto love and good works our verse by verse bible studies will begin
[01:17:36.800 --> 01:17:42.480] in the book of matthew where we will discuss one chapter per week our topical bible studies will
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[01:17:54.880 --> 01:17:59.680] starting january eighth for an inspiring and motivating discussion of the scriptures
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[01:19:22.640 --> 01:19:29.280] okay we are back randy kelton moved our radio and olivia is talking to somebody else i forgot
[01:19:29.280 --> 01:19:36.880] to mute him don't tell deborah she'll skin me alive okay i went out on an important point and
[01:19:36.880 --> 01:19:44.480] i was busy on the break and i lost what it was what was the last thing you said olivia um uh or
[01:19:44.480 --> 01:19:56.240] others or others okay yes yes yes perfect perfect and and what what came to mind immediately was
[01:19:56.240 --> 01:20:05.440] a private attorney general suit or in texas i have the right to protect my property and my person
[01:20:06.240 --> 01:20:11.920] i have the right to use force have the right to use deadly force but i also have the right to
[01:20:11.920 --> 01:20:20.160] protect your property and your person as if it were my own okay private attorney general suit
[01:20:20.160 --> 01:20:30.000] if i'm harmed but the harm isn't debilitating is you know i get a ticket i get a wrongful ticket
[01:20:30.000 --> 01:20:35.280] yeah it's a couple hundred bucks big deal if i fight that ticket it's going to cost me thousands
[01:20:35.280 --> 01:20:45.440] to fight it so what the courts have said is under a private attorney general doctrine you can
[01:20:45.440 --> 01:20:56.320] sue for harm to yourself and all others similarly situated so what you're saying is
[01:20:57.200 --> 01:21:08.160] that in the matter of vagueness of a statute we can act toward our own protection and the
[01:21:08.160 --> 01:21:17.120] protection of all others who are potentially harmed by the same thing i have to get that right
[01:21:17.120 --> 01:21:27.120] it's not really uh it's not really an argument of harm it's an argument of of loss it's an argument
[01:21:27.120 --> 01:21:37.760] of that of protect boundaries you know protecting what's ours if you're harm then reasonably predictive
[01:21:38.480 --> 01:21:46.880] loss and harm right the likelihood that someone will be harmed by this is very great and not
[01:21:47.920 --> 01:21:53.520] so obscure that one person in a million might be harmed by it then we wouldn't have that standing
[01:21:53.520 --> 01:22:00.080] but if this applies to everyone and a large number of people could be harmed by it right then you're
[01:22:00.080 --> 01:22:10.240] you're saying under the vagueness doctrine we can challenge that kind of as an act in the interest
[01:22:10.240 --> 01:22:20.000] of the public in general yes and you can also like act for different things you know you can
[01:22:20.000 --> 01:22:27.920] act for things to be clarified or certain parts to be removed you know this is not all bad sometimes
[01:22:27.920 --> 01:22:38.400] sometimes all that okay this sounds like something that is uniquely suited to a petition for
[01:22:38.400 --> 01:22:47.520] declaratory judgment the feds have a declaratory judgment statute and every state that i've looked
[01:22:47.520 --> 01:22:55.840] at so far has adopted a similar statute and what a petition for declaratory judgment is and you
[01:22:55.840 --> 01:23:04.400] know tina who was on earlier filed a petition for declaratory judgment and the courts treated it
[01:23:04.400 --> 01:23:13.840] like a civil suit said no no no that wasn't what it was nobody was harmed here nobody needed to be
[01:23:13.840 --> 01:23:22.240] harmed in a petition for declaratory judgment you can go to the court and ask the court to render
[01:23:22.240 --> 01:23:30.560] a ruling as to the rights of the parties and this sounds exactly what like what you're talking about
[01:23:31.120 --> 01:23:41.280] Olivier you're asking the court to rule on the meaning of the statute or to rule that a statute
[01:23:41.280 --> 01:23:51.360] the way it's worded is insufficient to give a reasonable person of ordinary prudence notice
[01:23:51.360 --> 01:23:58.640] of when he will be violating the law the reason i'm going to this is there's a lot of other precedent
[01:23:58.640 --> 01:24:08.400] in law that is in line with what you're saying Olivier it's not just challenging a law for vagueness
[01:24:08.400 --> 01:24:18.080] i know it's go ahead i know that that's why i was i understood that everybody else was saying
[01:24:18.080 --> 01:24:26.240] but my thing was i i want to process the least time and the least effort and bullseye i don't
[01:24:26.240 --> 01:24:35.520] want to be okay perfect okay explain that to us i was looking for a method to use in the legal
[01:24:35.520 --> 01:24:43.760] system where it would get this the result that we wanted very quickly and without a waste of time
[01:24:43.760 --> 01:24:50.080] and with this right here we totally skip the state court because how i see that it's set up
[01:24:50.080 --> 01:24:56.400] very given permission to regulate certain things now if you got an argument with them
[01:24:56.400 --> 01:25:02.160] you're not going to go within the regulated thing to go argue the problem that's silly
[01:25:02.160 --> 01:25:07.680] they can solve it you go to the people who allow them to regulate that to get the job done
[01:25:08.560 --> 01:25:14.720] let's let's jump in hoops you know saying and when you speak now let me let me make sure i
[01:25:14.720 --> 01:25:21.120] understand what you're saying you don't go to the people who are regulating but you go to the
[01:25:21.120 --> 01:25:30.000] people who created the regulations are you talking about instead of taking these this issue to the
[01:25:30.000 --> 01:25:36.000] courts you're talking about going to the legislature no going to the federal court instead of going to
[01:25:36.000 --> 01:25:40.880] the state court because the state courts are the ones that are really infringing
[01:25:42.960 --> 01:25:50.720] like that that actually that they're the biggest problems here okay but this gets this gets more
[01:25:50.720 --> 01:26:01.200] complex when we go to the rooker feldman doctrine we had a very large case here in texas where a
[01:26:02.320 --> 01:26:12.880] a mall in between dallas and fort worth northeast mall wanted to expand south of where they were
[01:26:12.880 --> 01:26:18.240] and there's a there was a housing development there and they wanted to buy all these houses
[01:26:18.240 --> 01:26:23.200] but the people who live there didn't want to sell their houses so they went to the city and had the
[01:26:23.200 --> 01:26:30.560] city condemn all these houses and forced these people to sell their houses well they they sued
[01:26:30.560 --> 01:26:41.120] it went all the way to the u.s supreme court and the u.s supreme court said you're asking us to rule
[01:26:41.120 --> 01:26:52.800] all that these houses are the personal property of the owners but we can't get there the reason
[01:26:52.800 --> 01:27:03.360] we can't get there is this is a state issue if you want the law changed you have to do this at
[01:27:03.360 --> 01:27:12.960] the state level wear the feds and we can't reach down into property issues that are issues of the
[01:27:12.960 --> 01:27:23.040] state rooker feldman separates us and what the supreme court said is if you want this
[01:27:24.240 --> 01:27:28.720] if you think this is wrong and you want it changed you have to go to your legislature
[01:27:28.720 --> 01:27:38.880] you can't come to us and ask us to dictate to the states what they should do so in the context
[01:27:38.880 --> 01:27:46.080] of what you're talking about livi a if this is a state if the if the state is acting under state
[01:27:46.080 --> 01:27:56.240] statutes and state laws and rules based on those laws how do we get from a violation of a
[01:27:56.240 --> 01:28:03.600] right in the state to a federal violation oh no we're talking about uh
[01:28:05.680 --> 01:28:15.920] this is the the right the first amendment second amendment fourth this uh this is due process
[01:28:15.920 --> 01:28:22.320] violation the first and fifth amendment okay what's the nature of the due process what
[01:28:22.320 --> 01:28:33.280] what right do i have what statutory convention is in place that interferes with the right that
[01:28:33.280 --> 01:28:42.640] i have in the fed that gets me to the fed yeah there are no uh noted uh right there are no
[01:28:42.640 --> 01:28:52.320] noted yeah but yeah if it is a state law that addresses issues that are within the purview
[01:28:52.320 --> 01:29:05.680] of the state i can't get to the fed even if that state law is is vague that's an issue for the state
[01:29:05.680 --> 01:29:16.320] it has to cross a a federally guaranteed constitution right for me to get to the fed
[01:29:17.200 --> 01:29:18.080] how do i get there
[01:29:21.200 --> 01:29:27.760] i i i don't really understand what you're saying a family guaranteed to take the right
[01:29:29.280 --> 01:29:35.440] okay okay okay we're about to go to break i i know the answer to this question and i'm trying to
[01:29:35.440 --> 01:29:41.040] get everybody to focus on this because the other side's going to try to confuse us
[01:29:42.320 --> 01:29:48.160] we need a way to get from the state to the fed and and the right to locomotion the right to freedom
[01:29:48.160 --> 01:29:53.840] of movement that's where we get there and we'll pick that up on the other side randy kelton
[01:29:53.840 --> 01:30:07.600] move on radio we'll be right back reality tv sugar obesity jet lag the list of things that
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[01:33:19.840 --> 01:33:27.040] okay we are back randy calton rule of law radio and we're talking to olivia in tennessee
[01:33:27.040 --> 01:33:35.840] and linnie i know i'm probably frustrated you but uh but you do want to explain what i'm doing
[01:33:36.880 --> 01:33:44.240] no you can you under you know your your subject matter and i'm trying to extrapolate what you're
[01:33:44.240 --> 01:33:50.160] doing to everybody else who's not as focused on the subject matter as you are i'm trying to
[01:33:50.160 --> 01:33:58.160] forget a general focus so everybody can understand where we're going we have a writer in the in the
[01:33:58.160 --> 01:34:10.640] fed we have a right to a reasonable expectation that the law as written will be followed and
[01:34:10.640 --> 01:34:21.680] that's called due process so even if it's a state law we have a federal right to an reasonable
[01:34:21.680 --> 01:34:33.200] expectation that the state law will be followed so in the context of vagueness how do we get
[01:34:33.200 --> 01:34:43.200] it from the state to the fair to always topic
[01:34:46.240 --> 01:34:49.040] wait say that again always topic
[01:34:50.880 --> 01:34:56.080] is on vagueness you you you can challenge the word the words that are you
[01:34:56.080 --> 01:35:07.280] you you you you you can challenge that the application of the law um renders some private
[01:35:07.920 --> 01:35:21.040] some people violated um renders some people's right so i i have a right to have a set of law
[01:35:21.040 --> 01:35:32.160] law that two or three reasonable persons of ordinary prudence can read and all will come
[01:35:32.160 --> 01:35:38.320] to the same conclusions as to what is allowed and what is not allowed
[01:35:38.320 --> 01:35:53.600] so so if if i can read the statute and and misconstrue it then i have the standing
[01:35:54.640 --> 01:36:01.680] to raise an issue as to the wording or the verbiage of the stat the construction of the
[01:36:01.680 --> 01:36:09.040] statute without having to wait until i'm being criminally or civilly prosecuted
[01:36:10.080 --> 01:36:16.160] right that's the whole process of due process that that's the beginning part of due process
[01:36:16.880 --> 01:36:20.880] is the person has to understand what is right from wrong
[01:36:20.880 --> 01:36:30.960] now okay will you call in tomorrow night i would like to spend more time on this
[01:36:30.960 --> 01:36:37.120] and i'm do you have case law in support of your position which i didn't get to tonight yes
[01:36:37.920 --> 01:36:41.440] yes well yeah it was my computer i gotta set it up yeah that got
[01:36:42.400 --> 01:36:49.360] will you get that set up tomorrow night uh for me this is a really important issue
[01:36:49.360 --> 01:36:55.440] it's a subtle issue it's an issue most people don't understand and more importantly it's an
[01:36:55.440 --> 01:37:02.880] issue that most of prosecutors and lawyers don't understand it's fertile ground for us to take
[01:37:02.880 --> 01:37:07.280] them to task will you call in tomorrow night and i'll take you early in the show because i want
[01:37:07.280 --> 01:37:13.760] to spend some time on this okay okay i've got to hand them from Texas i definitely want to get to
[01:37:13.760 --> 01:37:22.160] him uh olivia you need to listen to him he has so much fun beating these guys up okay okay thank
[01:37:22.160 --> 01:37:30.320] you olivia and i'll talk to you tomorrow night all right okay now we're going to adam in Texas
[01:37:30.320 --> 01:37:40.720] hello adam what have you been up to i'm doing good i don't care what my wife says
[01:37:40.720 --> 01:37:51.760] this over and over and over but she did get to the jackass praying ringer off her phone for me
[01:37:53.680 --> 01:37:56.320] and that's because she got a new phone and couldn't get one on it
[01:37:58.960 --> 01:38:07.920] well uh because it's called back in man i just wanted to talk about and there's a lot of issues
[01:38:07.920 --> 01:38:16.080] going on right obviously right around now so i've done a little research as far as local
[01:38:16.080 --> 01:38:26.320] government and their uh authority and ability to impose uh oh i am so glad you brought that
[01:38:26.320 --> 01:38:32.480] question up i just talked to my daughter today about that uh i've wanted her to do some research
[01:38:32.480 --> 01:38:40.400] for me uh i do a show on monday nights with pastor mason in upstate new york and he has
[01:38:40.400 --> 01:38:52.160] asked me to put together a project on my legal earth software where we create a tool where
[01:38:52.160 --> 01:38:59.920] people who have been deprived of their rights can raise an administrative claim against
[01:38:59.920 --> 01:39:03.920] those governmental officials who have denied them in their rights
[01:39:06.000 --> 01:39:08.160] and this is the argument i made to my daughter
[01:39:10.320 --> 01:39:19.920] the our governors our county commissioners there are things they can do in an emergency
[01:39:19.920 --> 01:39:31.360] to affect the the civil good the the safety of the community and so there are things they're
[01:39:31.360 --> 01:39:40.720] allowed to do but the constitution puts very specific limits on what they're allowed to do
[01:39:40.720 --> 01:39:50.400] so if a public official elects to take an action that is in contravention to the constitution
[01:39:51.920 --> 01:39:57.040] then the case law says that the public official or the governmental entity
[01:39:58.320 --> 01:40:06.640] is responsible for the harm to the citizen that their action causes in the in the instant case
[01:40:06.640 --> 01:40:12.800] the case of the coronavirus there are things that public officials are authorized to do
[01:40:14.880 --> 01:40:23.440] but there are also things they are forbidden to do and shelter in place is one of those things
[01:40:25.360 --> 01:40:32.800] there are things they could do other than shelter in place but it became the popular thing to
[01:40:32.800 --> 01:40:39.840] shelter in place nobody looked for options to shelter in place the problem with shelter in place
[01:40:40.640 --> 01:40:53.280] is the very first amendment to our constitution the right to peaceably assemble shall not be
[01:40:53.280 --> 01:41:04.320] infringed what part of that is hard to understand if a governmental entity can forbid you from
[01:41:04.320 --> 01:41:10.320] peaceably assembling and essentially they can do whatever they want to and our founders said
[01:41:10.320 --> 01:41:22.480] that's not going to happen so when the official elects to do something that's forbidden then the
[01:41:22.480 --> 01:41:32.240] elected official takes on the responsibility as to the harm it causes and we're preparing to put
[01:41:32.240 --> 01:41:37.760] together a set of administrative procedures you can file against the governor or the county
[01:41:37.760 --> 01:41:46.080] commissioners court and if you have been ordered to shelter in place that's unconstitutional so
[01:41:46.080 --> 01:41:53.040] whatever harm you're caused by that order you can recoup that from the governmental entity
[01:41:55.040 --> 01:41:57.680] what do you think Adam is that where you were going
[01:42:03.520 --> 01:42:09.440] yeah that's pretty much where i'm going i'm just digging in
[01:42:09.440 --> 01:42:16.320] you know the way the the way texas is set up and i'm sure the other states are pretty similar but
[01:42:16.880 --> 01:42:22.720] the way texas set up as far as you know emergency management provisions and
[01:42:23.760 --> 01:42:31.600] government code 418 and you also have to pile on the uh very short suite texas homeland security
[01:42:31.600 --> 01:42:44.080] act and there's some other ones in there but what i found was that just because a uh an emergency
[01:42:44.080 --> 01:42:50.240] has been declared by the governor of texas does not necessarily mean that every single
[01:42:51.520 --> 01:42:57.840] local government from your county to your municipality has the authority or the
[01:42:57.840 --> 01:43:06.400] uh provisions in law to enact their own emergency management plans and and act on those plans
[01:43:07.040 --> 01:43:12.000] when when the disaster is declared by them so what i found was that
[01:43:14.880 --> 01:43:20.560] all the authority of a municipal especially and folks you know municipal municipal government of
[01:43:20.560 --> 01:43:26.080] course texas like i was saying texas is divided it's basically every county is and has supposed to
[01:43:26.080 --> 01:43:33.520] have its own emergency management plan right for hurricane natural disasters terrorism things like
[01:43:33.520 --> 01:43:41.520] that so but what you have is you have little tiny minutes to pile it in these little counties
[01:43:42.720 --> 01:43:49.680] go ahead okay wait wait wait hold on we're about to go to our sponsors randy kelton
[01:43:49.680 --> 01:43:55.440] Brett fountain rule law radio and when we come back we're going to read the riot act to the local
[01:43:55.440 --> 01:44:03.440] officials hang on we'll be right back are you being harassed by debt collectors with phone calls
[01:44:03.440 --> 01:44:09.840] letters or even lawsuits stop debt collectors now with the michael miras proven method michael miras
[01:44:09.840 --> 01:44:15.120] has won six cases in federal court against debt collectors and now you can win two you'll get
[01:44:15.120 --> 01:44:20.160] step-by-step instructions in plain english on how to win in court using federal civil rights
[01:44:20.160 --> 01:44:26.160] statute what to do when contacted by phones mail or court summons how to answer letters and phone
[01:44:26.160 --> 01:44:34.800] calls how to get debt uh-oh okay there we go something screwed up there the michael miras
[01:44:36.000 --> 01:44:43.920] okay i hope i'm not on uh let's see for more information please visit rule of law radio
[01:44:43.920 --> 01:44:49.760] dot com and click on the blue michael miras and i don't know if i'm on the air or not on the air
[01:44:51.440 --> 01:44:55.280] but guys if you can hear me uh i'm here a little issue with my
[01:44:57.520 --> 01:45:07.200] page here collectors now i got a beep way too early my bumpers are down too low
[01:45:08.640 --> 01:45:12.960] so i'm not sure if i'm going out on the air or not that will show you i'm going to beep
[01:45:12.960 --> 01:45:19.440] this again and see if i hear that if you have a lawyer know what your lawyer should be doing
[01:45:19.440 --> 01:45:25.040] if you don't have a lawyer know what you should do for yourself thousands have won with our step
[01:45:25.040 --> 01:45:32.480] by step course and now you can too jurisdictionary was created by okay bumpers are gone two years
[01:45:34.320 --> 01:45:41.680] oh my pages are freezing up so i'm not sure what's happening if anybody can hear me you
[01:45:41.680 --> 01:45:52.560] shouldn't be able to hear me right now uh call myself on 944 whoops call myself on 940 399
[01:45:52.560 --> 01:46:19.840] 9922 you're going out okay i just got an email i'm going oh brett okay i'm going out let me bring in
[01:46:22.880 --> 01:46:36.320] okay everybody can hear me okay thank okay that was brett he's he's there uh i'll try to get him
[01:46:36.320 --> 01:46:41.360] on there on the air it's just the last segment so i'm gonna i'm gonna hit a beep you should stop hearing
[01:46:41.360 --> 01:46:58.320] me okay can you hear me now
[01:46:58.320 --> 01:47:12.400] okay looks like you can hear me now i am having trouble with my pages acting up
[01:47:20.960 --> 01:47:23.120] okay i should go
[01:47:23.120 --> 01:47:34.080] oh this is not good
[01:47:53.120 --> 01:48:04.080] uh
[01:48:04.080 --> 01:48:15.040] uh
[01:48:16.160 --> 01:48:25.040] oh what is going on here
[01:48:25.040 --> 01:48:34.960] okay i think i'm back i'm having some trouble my my pages are kind of conking out i may have the
[01:48:34.960 --> 01:48:42.400] bumpers in the background let me see if i can lower them okay that should be off uh back to
[01:48:42.400 --> 01:48:52.800] adam adam can you can you hear me yeah i can hear you ready hear me okay yeah yeah i'm having to
[01:48:52.800 --> 01:49:00.160] produce my own show and my producer page is crashing out on me so uh i apologize for you being able
[01:49:00.160 --> 01:49:07.200] to hear me on the break uh when i started to go out i got a a beep that lasted for 10 seconds and
[01:49:07.200 --> 01:49:13.440] i'm supposed to just get a short beep so it looked like things weren't working right and if you were
[01:49:13.440 --> 01:49:18.400] listening you you noticed i was kind of confused and having trouble with the break so i apologize
[01:49:18.400 --> 01:49:25.040] for all that i'm hoping i can finish out the show okay adam yeah no problem where
[01:49:26.880 --> 01:49:29.200] where were we logically advanced than i am
[01:49:33.280 --> 01:49:43.040] okay where were we when i went out so um you look around these small texas towns these little
[01:49:43.040 --> 01:49:51.920] municipalities or you know the mayors are uh they're you know issuing orders ordinances and stuff that
[01:49:51.920 --> 01:50:00.160] so above and beyond any governor or you know the governor avid decrees of what we should or should
[01:50:00.160 --> 01:50:09.440] not do they even assign these little municipalities even assign uh yeah okay so yeah okay after
[01:50:09.440 --> 01:50:16.240] this i have a question for you yeah what are you what are you going to do about it i'm doing
[01:50:16.240 --> 01:50:27.200] that's what i'm explaining good good fine yeah so what i figured out was that if you're living in a
[01:50:27.200 --> 01:50:35.120] small texas county let me ask you this okay if you live in a county in texas then the whole
[01:50:35.120 --> 01:50:41.040] county is no more than seven thousand people and the only major town in the county is no more
[01:50:41.040 --> 01:50:45.360] 1800 people and it's also the county seat right so the county government sitting right there in
[01:50:45.360 --> 01:50:52.000] the courthouse the big you know beautiful texas courthouse and uh that we all pay to
[01:50:52.000 --> 01:50:56.960] to maintain and they're all sitting in there and then your little city governments sit over there
[01:50:56.960 --> 01:51:03.440] in the same town it's rural rural county does it make how much sense does it make to have two
[01:51:03.440 --> 01:51:11.760] separate emergency management plans doesn't that seem a little redundant yes it does but let me
[01:51:11.760 --> 01:51:20.320] offer a perspective i am the county commissioner the county court commissioners the judge of the
[01:51:20.320 --> 01:51:27.840] county commissioners courts or i'm the mayor of a municipality and this crisis comes down
[01:51:27.840 --> 01:51:37.120] and my constituents i have constituents who could die because of this crisis
[01:51:38.960 --> 01:51:46.800] what do i do to protect my the people in my county who are depending on me to protect them
[01:51:46.800 --> 01:51:54.400] what do i do to protect them do i act conservatively do i worry about getting sued do i worry about
[01:51:54.400 --> 01:51:59.840] somebody getting upset and not voting for me and at risk someone died what if someone dies here
[01:52:00.480 --> 01:52:05.520] and i look at that and say if i had done something that person might not have died
[01:52:07.520 --> 01:52:16.640] what do we do to tell this mayor or this county commissioner yeah i realized there could be
[01:52:16.640 --> 01:52:24.640] problems and there are things you should do but you must be sure to do them within the scope of
[01:52:24.640 --> 01:52:33.040] the authority granted to you how do we deliver that well what i found out is that your municipality
[01:52:34.400 --> 01:52:40.720] in order to have your own separate emergency management plan and even be in the emergency game
[01:52:40.720 --> 01:52:48.880] you know with the texas division of there's there's literally 20 acronyms of different
[01:52:48.880 --> 01:52:55.120] agencies in the state of texas that have something to do with emergencies well if your
[01:52:55.120 --> 01:53:01.600] municipality if the specific says in government code 418.103 if your municipality if your county
[01:53:01.600 --> 01:53:08.960] is different if your county yeah like texas that's how texas is set up basically you know some
[01:53:08.960 --> 01:53:13.200] super room counties might have an inter jurisdictional program you know because their
[01:53:13.200 --> 01:53:20.720] populations are so small right but basically it's a county county wide county level operation as far
[01:53:20.720 --> 01:53:28.000] as emergency management if something goes down right but in order for a municipality to adopt
[01:53:28.000 --> 01:53:34.480] and maintain their own emergency management plans 418.103 specifically says that only the governor
[01:53:34.480 --> 01:53:40.720] of texas can determine and recommend that that municipality municipal program
[01:53:42.080 --> 01:53:47.760] that they maintain their own emergency motion what i'm saying randy is that a lot of these
[01:53:49.280 --> 01:53:53.440] little municipalities around texas where their little mayors are standing up pretending
[01:53:53.440 --> 01:53:58.160] they're they're colomo in new york or something they're you know handing down these decrees
[01:53:58.160 --> 01:54:06.000] they're all full of it they don't even have okay okay my question is to do that
[01:54:07.040 --> 01:54:14.240] okay how do we take that mayor off the dive huh how do we let that mayor know
[01:54:15.120 --> 01:54:20.960] yeah i realize you're concerned about your constituents and your neighbors and you're
[01:54:20.960 --> 01:54:26.800] afraid that some people you know might pass away if you don't do the right thing but how
[01:54:26.800 --> 01:54:36.160] do we let that mayor know you need to stand down this is not your job how do we do that
[01:54:38.000 --> 01:54:43.200] well i contacted the office of the governor and i've got a public information request on them
[01:54:43.200 --> 01:54:49.760] and on the municipality asking the same question where is the top of the governor's determination
[01:54:49.760 --> 01:54:54.640] and recommendation that this particular municipality adopted maintains own emergency
[01:54:54.640 --> 01:55:00.400] management program which they then turn around the mayor of jesus's emergency management program
[01:55:00.400 --> 01:55:06.720] says in orders that are attached to the to the post office and every public building the gas
[01:55:06.720 --> 01:55:14.800] stations they all said when they all started that if anybody violates any provision of the uh
[01:55:15.520 --> 01:55:22.400] 418 government code or a provision of the city's emergency management plan those people will be
[01:55:22.400 --> 01:55:26.560] subject there's a threat from the mayor those people be subject to up to a thousand dollar fine
[01:55:26.560 --> 01:55:33.120] up to 108 days in jail and those and she said if you violate any provisions of 14 or the emergency
[01:55:33.120 --> 01:55:38.400] management plan well it turns out to ask a public information request for the emergency
[01:55:38.400 --> 01:55:44.160] management plan and they try to hide it all and ask for a general opinion saying it's confidential
[01:55:44.160 --> 01:55:50.720] so basically what we're involved in here is under the guise of this emergency this COVID-19
[01:55:50.720 --> 01:55:59.040] emergency you're having all the way down to your local municipalities engaging in fraud
[01:56:00.080 --> 01:56:06.320] and abuse and telling us that we are subject to laws that we cannot see
[01:56:08.000 --> 01:56:13.840] okay good good good good good i'm going to take a somewhat different approach
[01:56:13.840 --> 01:56:22.080] i understand that these mayors and these local county commissioners court judges
[01:56:22.800 --> 01:56:29.840] feel a responsibility to their citizens and they want very much to protect their citizens
[01:56:31.280 --> 01:56:41.280] but we need to demonstrate to them that we have laws in place and we don't care how concerned you
[01:56:41.280 --> 01:56:53.040] are there are things you can do and things you cannot do and if you do something you cannot do
[01:56:53.040 --> 01:57:01.120] we're going to kick your behind every way from sunday and we need to do that so that the next
[01:57:01.120 --> 01:57:07.200] time this occurs and the some people who are terrified in the public were under the mayor
[01:57:07.200 --> 01:57:13.360] so you got to protect this you got to protect us the mayor is going to say oh no don't ask me to
[01:57:13.360 --> 01:57:19.520] step into that because these guys over here are going to kick my behind and pastor massett and
[01:57:19.520 --> 01:57:25.840] from truce radio brought this idea to me and i'm going to try to develop it on try to develop it on
[01:57:25.840 --> 01:57:32.960] my legal risk platform is a questionnaire that you can go in and fill out and then make an
[01:57:32.960 --> 01:57:42.880] administrative claim against whoever rendered a ruling that denied you in your rights so when
[01:57:42.880 --> 01:57:54.640] the city says you have to to isolate in place you can't go to work you can't go to the the movies
[01:57:54.640 --> 01:58:04.880] you can't go to the grocery okay you denied me in a constitutional right you are liable for the harm
[01:58:04.880 --> 01:58:12.000] to me so we follow administrative procedure against them and they say well i was just trying to do
[01:58:12.000 --> 01:58:18.160] the right thing yeah good for you i appreciate you doing the right thing and the right thing is to
[01:58:18.160 --> 01:58:26.320] pay me for the harm you caused me the file administrative procedures act against them to reimburse
[01:58:26.320 --> 01:58:32.560] you for what you lost because they were trying to do the right thing does that make sense actually
[01:58:32.560 --> 01:58:38.320] hang on we're about to go to our sponsors i hope i can get through this one without a major crash
[01:58:38.320 --> 01:58:44.160] because my page is still kind of messed up oh wait we're out of time i'm sorry
[01:58:44.160 --> 01:58:52.720] sorry call back tomorrow night adam i really want to express bibles for america is offering
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[01:59:11.840 --> 01:59:22.960] call us toll free at 888-551-0102 or visit us online at bfa.org this translation is highly accurate
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[01:59:49.200 --> 02:00:05.120] you're listening to the logos radio network at logosradionetwork.com