ROL_2020-08-28_16k_Hr3-4.timecode
[00:00.000 --> 00:06.760] The following news flash is brought to you by The Lone Star Lowdown.
[00:06.760 --> 00:13.000] Markets for Monday the 22nd of July 2019 Open with Precious Metals Gold $1,429 an ounce
[00:13.000 --> 00:17.680] Silver $16.45 an ounce Copper $2.75 an ounce
[00:17.680 --> 00:20.880] Oil Texas Crude $55.63 a barrel
[00:20.880 --> 00:25.440] Brent Crude $62.47 a barrel Crypto is an order of market cap
[00:25.440 --> 00:32.160] Bitcoin Core $10,566.52 Ethereum $227.26
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[00:37.200 --> 00:41.520] Bitcoin Cash $324.10 Crypto Coin
[00:41.520 --> 00:52.440] Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.440 --> 00:57.760] on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.760 --> 01:04.760] 10 and injuring 40 today in history.
[01:04.760 --> 01:09.400] And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempett
[01:09.400 --> 01:14.080] attacks his law back in June, county prosecutors around the state, including Houston, Austin
[01:14.080 --> 01:18.080] and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.080 --> 01:22.760] new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.760 --> 01:24.760] to test the herb for THC.
[01:24.760 --> 01:28.440] Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.440 --> 01:33.160] she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.160 --> 01:34.160] law.
[01:34.160 --> 01:37.600] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.600 --> 01:42.120] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.120 --> 01:48.280] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.280 --> 01:54.520] well as other cities, too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.520 --> 01:59.000] who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.000 --> 02:01.760] prosecution of marijuana cases in El Paso.
[02:01.760 --> 02:06.800] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.800 --> 02:10.800] in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.800 --> 02:13.520] something illegal based on its chemical makeup.
[02:13.520 --> 02:17.400] It's important that if someone is charged with something, the test matches what they're
[02:17.400 --> 02:22.600] charged with.
[02:22.600 --> 02:27.480] A paper by Tulane University identified a five and a half inch American pocket shark.
[02:27.480 --> 02:32.400] As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.400 --> 02:38.040] shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.040 --> 02:39.520] Pacific Ocean.
[02:39.520 --> 02:43.800] According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:45.640] its front fins.
[02:45.640 --> 02:50.640] For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[02:50.640 --> 03:14.120] This was work roadie with your lowdown for July 22, 2019.
[03:14.120 --> 03:15.840] Okay, we are back.
[03:15.840 --> 03:25.520] I'm Andy Kelton, rule of law radio, and we're going through some basic issues that this
[03:25.520 --> 03:28.520] whole show revolves around.
[03:28.520 --> 03:35.360] If you listen to our show and we talk to people, you will hear us addressing each of these
[03:35.360 --> 03:41.560] issues at different times depending on whoever we're talking to.
[03:41.560 --> 03:47.240] I have put together this legal one-on-one, it is far too large for me to get through
[03:47.240 --> 03:54.080] all of it in this couple hours I have left, but I'll go through a bunch of it and it'll
[03:54.080 --> 04:03.080] give you a much better idea of how we think about things and how we go about addressing
[04:03.080 --> 04:04.080] legal issues.
[04:04.080 --> 04:08.200] When we went out, I was talking about your lawyer.
[04:08.200 --> 04:10.360] We like to think that our lawyer is our buddy.
[04:10.360 --> 04:15.960] When you go to a lawyer, he's going to talk to you like he's your buddy and he's Perry
[04:15.960 --> 04:19.520] Mason and he's going to help you out.
[04:19.520 --> 04:28.480] What he's not going to tell you is the primary thing he wants is a retainer.
[04:28.480 --> 04:32.480] He wants to get your retainer and start your case and he's going to tell you, oh yeah,
[04:32.480 --> 04:33.480] you've got a great case.
[04:33.480 --> 04:38.120] Yeah, we can win your case, blah, blah, blah, it doesn't matter what it says to you, just
[04:38.120 --> 04:40.680] as long as you get your retainer.
[04:40.680 --> 04:49.440] Once he gets your retainer, then there will occur what Dr. Graves addresses as this flurry
[04:49.440 --> 04:53.240] of motions at the beginning of a case.
[04:53.240 --> 04:57.280] What the lawyer is going to do is he's going to go to his file and he's going to pull out
[04:57.280 --> 04:58.560] this motion.
[04:58.560 --> 05:01.120] They always file in these cases.
[05:01.120 --> 05:07.000] He's going to put your name in it and change a couple of facts to match your case.
[05:07.000 --> 05:12.480] He's going to file it and he's going to charge you two or three hundred bucks and then the
[05:12.480 --> 05:18.280] lawyer on the other side is going to get that motion and he's going to pull out his standard
[05:18.280 --> 05:24.480] opposition to it, put your name on the top of it, sign it and charge you two or three
[05:24.480 --> 05:30.600] hundred bucks and file in a response and they're going to send these motions back and forth
[05:30.600 --> 05:33.040] and it looks like they're really doing something.
[05:33.040 --> 05:41.600] What the ordinary individual doesn't understand is they do the same thing on every case.
[05:41.600 --> 05:48.240] Once they have your retainer used up, then they come back to you, oh my goodness, this
[05:48.240 --> 05:51.320] is way worse than I thought it was.
[05:51.320 --> 05:53.040] This is going to be a lot harder.
[05:53.040 --> 05:58.320] I'm going to need a much bigger retainer, but he doesn't really want to get that bigger
[05:58.320 --> 05:59.320] retainer.
[05:59.320 --> 06:04.720] What he wants is you to drop him and go find another lawyer, because he's done all the
[06:04.720 --> 06:11.680] easy part, doesn't require any research, doesn't require any of his time.
[06:11.680 --> 06:18.440] If you were a lawyer and you're in business to make money, which cases would you want?
[06:18.440 --> 06:23.080] Would you want the ones where your profit margin is high or the ones where you have
[06:23.080 --> 06:29.560] to go in and do your lots of legal research and all of your due diligence and risk getting
[06:29.560 --> 06:33.480] the judge upset at you?
[06:33.480 --> 06:38.520] Lawyers are not going to do anything that lawyers don't do all of the time.
[06:38.520 --> 06:43.000] If you, as a procé, come in there and ask the lawyer to do something that he normally
[06:43.000 --> 06:49.480] doesn't do, he is not going to do it and he don't care if you're upset or not.
[06:49.480 --> 06:54.280] The one he does care about being upset is the judge.
[06:54.280 --> 06:57.760] He's not going to do anything to annoy that judge.
[06:57.760 --> 07:00.680] Lawyers go to six to eight years of law school.
[07:00.680 --> 07:08.120] They spend between $120,000 and $180,000 and they generally have these huge student loans
[07:08.120 --> 07:14.080] to pay off, unless their family was rich and paid for it for them.
[07:14.080 --> 07:23.840] In all of that law school, the law professors never tell them what it's really like out
[07:23.840 --> 07:25.880] here on the outside.
[07:25.880 --> 07:29.960] These guys think they're going to get out of law school and they're going to go out
[07:29.960 --> 07:36.880] here and be Perry Mason and help people win their cases.
[07:36.880 --> 07:42.120] What these judges are going to do is they're going to spend the rest of their professional
[07:42.120 --> 07:49.320] career kissing some arrogant judges behind because the lawyer is terrified that the judge
[07:49.320 --> 07:56.480] can jerk his bar card on a whim and they're right, he can.
[07:56.480 --> 08:03.640] Now they don't, for the most part, they do it on occasions if you annoy them.
[08:03.640 --> 08:09.600] For the most part, they help bring lawyers along and help teach them the ropes, but if
[08:09.600 --> 08:11.720] you annoy a judge.
[08:11.720 --> 08:15.000] The judge can pretty well do you whatever he wants to.
[08:15.000 --> 08:21.960] I was in a eviction hearing once in South Fort Worth and the lawyer was already furious
[08:21.960 --> 08:28.400] because we had bargraved her and she turned to me and said, Mr. Kelton, are you an attorney?
[08:28.400 --> 08:32.480] And normally I don't talk to opposing counsel in court.
[08:32.480 --> 08:36.040] When you go into court, you're not there to talk to opposing counsel.
[08:36.040 --> 08:40.760] They'll try to get you engaged with them, but I tend to avoid that.
[08:40.760 --> 08:44.000] But when she said that, I couldn't help myself.
[08:44.000 --> 08:49.560] I said, oh, no, no, no, I sleep well at night, keep my hands in my own pockets.
[08:49.560 --> 08:51.200] Thank you very much.
[08:51.200 --> 08:57.080] And besides, I'm not here dangling by my bar card.
[08:57.080 --> 09:02.920] And that was for the judge because the judge already knew that I had bargraved this lawyer.
[09:02.920 --> 09:10.600] He knew why the lawyer was so infuriated because I badly damaged her career.
[09:10.600 --> 09:14.400] And I'm telling the judge, don't care if you're upset or not.
[09:14.400 --> 09:19.880] You know, most people go into court and they want to, they want the judge to be on their
[09:19.880 --> 09:20.880] side.
[09:20.880 --> 09:23.280] And who cares about that?
[09:23.280 --> 09:29.200] It doesn't make any difference if the judge is on your side or not.
[09:29.200 --> 09:35.760] The judge has a duty to determine the facts in accordance with the rules of evidence then
[09:35.760 --> 09:39.640] apply the laws that comes to him to the facts in the case.
[09:39.640 --> 09:43.880] I really don't care what his personal opinion is.
[09:43.880 --> 09:52.120] I don't care if he likes me or doesn't like me because I understand that my only purpose
[09:52.120 --> 09:57.560] in the trial court is to set the record for appeal.
[09:57.560 --> 10:01.200] That's where you expect to win your case, not in the trial court.
[10:01.200 --> 10:05.480] So I don't worry if the judge is mad or not, but the lawyer does.
[10:05.480 --> 10:15.320] If the judge upsets the lawyer, the judge will hammer his next client to get back at
[10:15.320 --> 10:16.320] him.
[10:16.320 --> 10:23.200] If he's got a client like me, that's just a nuisance and he's going to hammer him whatever
[10:23.200 --> 10:24.920] they do.
[10:24.920 --> 10:30.000] The judge is not going to do much to me because he knows I'm going to hammer him.
[10:30.000 --> 10:34.960] But if the lawyer doesn't pull me off the judge, when he brings in his next client, that's
[10:34.960 --> 10:37.720] not quite so forceful.
[10:37.720 --> 10:40.640] He's likely to screw that next client.
[10:40.640 --> 10:44.560] I once sued Denton County for $11 million.
[10:44.560 --> 10:56.280] I sued 26 litigants, all of them public officials, all of them sued for following policy.
[10:56.280 --> 10:59.320] And I talked to 60 lawyers.
[10:59.320 --> 11:01.320] The last one was Jerry Cobb.
[11:01.320 --> 11:06.840] He was the district attorney prior to the one I was suing.
[11:06.840 --> 11:08.880] And actually, when I called, I got him on the phone.
[11:08.880 --> 11:09.880] I said, hello, Jerry.
[11:09.880 --> 11:11.480] My name's Randy Kelton.
[11:11.480 --> 11:18.280] And I have sued Denton County for $11 million and I need somebody to represent my case.
[11:18.280 --> 11:21.400] He said, oh, Mr. Kelton, I know all about your case.
[11:21.400 --> 11:24.760] He said, I can't represent you.
[11:24.760 --> 11:28.280] You make allegations against judges in there.
[11:28.280 --> 11:30.480] I said, what's the matter, Jerry?
[11:30.480 --> 11:36.400] You afraid those judges will screw your next client to get back at you?
[11:36.400 --> 11:40.000] And he said the same thing every other lawyer said.
[11:40.000 --> 11:42.680] You darn right they will.
[11:42.680 --> 11:51.240] Now, I don't know if that's true or not, but I do know that these lawyers think it's true.
[11:51.240 --> 11:53.280] So they're not worried about you.
[11:53.280 --> 11:55.560] They're worried about that judge.
[11:55.560 --> 12:01.920] If you want your lawyer to actively adjudicate your case, you have to give him a way that
[12:01.920 --> 12:04.000] he can do that.
[12:04.000 --> 12:07.000] You have to give him plausible deniability.
[12:07.000 --> 12:12.520] And the way you do that is just make a nuisance of yourself.
[12:12.520 --> 12:17.600] Bargweave lawyer on the other side filed a criminal complaint against the judge.
[12:17.600 --> 12:21.160] And they're going to go to your lawyer and say, hey, can't you control your client?
[12:21.160 --> 12:25.320] And he's going to say, heck no, I can't control my client.
[12:25.320 --> 12:29.360] I tried to talk to him about this bargweavance, and he threatened to file a bargweavance against
[12:29.360 --> 12:31.760] me for even mentioning it.
[12:31.760 --> 12:34.000] So I can't control this guy.
[12:34.000 --> 12:38.520] Guys, you got to help me out here.
[12:38.520 --> 12:42.240] This is like playing four-sided chess.
[12:42.240 --> 12:46.360] In four-sided chess, it's all about relationships.
[12:46.360 --> 12:53.720] When it starts, generally, relationships are developed between two sets of players.
[12:53.720 --> 12:57.160] And they'll eliminate one of the players.
[12:57.160 --> 13:02.600] From the four will eliminate one, and then when one is eliminated, you'll wind up with
[13:02.600 --> 13:09.560] two others ganging up to get rid of the third man out, and then the last two play it off.
[13:09.560 --> 13:11.800] Well, it's all about relationships.
[13:11.800 --> 13:18.800] When you go into court, you sit down at your table, and you have your lawyer to your right.
[13:18.800 --> 13:25.200] You have opposing counsel to your left, and you have the judge across from you.
[13:25.200 --> 13:28.040] You have a relationship with your lawyer.
[13:28.040 --> 13:33.080] Your lawyer has a relationship with opposing counsel, because they're sometimes together,
[13:33.080 --> 13:34.400] sometimes across from each other.
[13:34.400 --> 13:36.720] They work with each other all the time.
[13:36.720 --> 13:40.520] Both of them have a relationship with the judge.
[13:40.520 --> 13:47.520] If you were to win your case, you have to find a way to get inside that relationship, because
[13:47.520 --> 13:51.640] in the beginning, you're the odd man out.
[13:51.640 --> 13:56.320] So the way we do it is we give our lawyer possible deniability.
[13:56.320 --> 14:02.440] We beat up the other two and threaten to legally beat up our lawyer if he doesn't do what we're
[14:02.440 --> 14:03.880] telling him to.
[14:03.880 --> 14:10.120] Now he can go to these other two and say, guys, I tell you what, you help me out with
[14:10.120 --> 14:16.800] this one, and I'll help you out with the next one, and you think they wouldn't do that kind
[14:16.800 --> 14:18.800] of a negotiation?
[14:18.800 --> 14:22.320] Of course they do that kind of negotiation.
[14:22.320 --> 14:30.440] So the last case I won, the judge dismissed the case to protect my lawyer from me.
[14:30.440 --> 14:38.440] This is a hard concept to wrap your head around, and it's even more difficult to do when your
[14:38.440 --> 14:40.240] liberty is at stake.
[14:40.240 --> 14:46.680] When I did that, I was looking at a year in jail because a DPS officer at the Secretary
[14:46.680 --> 14:51.480] of State Building smashed me into a wall and broke one of my teeth, and then he filed charges
[14:51.480 --> 14:54.600] against me to cover up for what he did.
[14:54.600 --> 15:01.240] I'm looking at a year in jail, and I said to heck with this, I'm taking you guys on.
[15:01.240 --> 15:03.240] Let's fight.
[15:03.240 --> 15:05.200] We were in front of the judge.
[15:05.200 --> 15:11.720] I was outside the bar, the judge and the two lawyers were up at the bench, my lawyer came
[15:11.720 --> 15:17.000] back to me and told me that the prosecutor said she knows who you are, and if you start
[15:17.000 --> 15:21.400] filing criminal charges, she's going to charge you with tampering with the government document.
[15:21.400 --> 15:24.280] I looked over at the prosecutor and said, she said that, did she?
[15:24.280 --> 15:25.280] I said, yes, she did.
[15:25.280 --> 15:29.200] When you get over here, I need her to verify these criminal complaints in accordance with
[15:29.200 --> 15:35.440] her duty under Article 2.06, and I pointed at her and said, you get over here, and she
[15:35.440 --> 15:39.400] scooched up against the bench like the judge would protect her.
[15:39.400 --> 15:44.560] I reached in my case and pulled out 30 criminal complaints, handed them to the lawyer, and
[15:44.560 --> 15:47.040] he put up both hands with his palms out.
[15:47.040 --> 15:48.720] I'm not taking them.
[15:48.720 --> 15:50.640] Take them, you coward.
[15:50.640 --> 15:52.360] That's not exactly what I said.
[15:52.360 --> 15:56.200] You chicken something right in front of the judge.
[15:56.200 --> 16:03.640] The judge picked up the gavel and banged it, recessed for lunch for an hour.
[16:03.640 --> 16:09.960] I didn't get my burrito before the lawyer called me and told me that the judge had dismissed
[16:09.960 --> 16:12.640] the case.
[16:12.640 --> 16:18.520] The lawyer was ecstatic, this is the first case he'd ever won.
[16:18.520 --> 16:25.680] The judge dismissed the case to protect my lawyer from me if you're going to win your
[16:25.680 --> 16:26.680] case.
[16:26.680 --> 16:29.000] You won't do it being a nice guy.
[16:29.000 --> 16:33.000] You have to get into the politics as what's going on in the court.
[16:33.000 --> 16:41.320] When we come back, I'll talk about the politics that they don't teach in law school, and I'm
[16:41.320 --> 16:47.160] talking about what they don't teach in law school to these attorneys that changes everything.
[16:47.160 --> 17:00.320] Moving on, Randy Kelton with our radio, we'll be right back.
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[19:24.280 --> 19:48.680] Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking about LEAL 101.
[19:48.680 --> 19:55.200] I'll go briefly into what they don't teach in law school, the first thing is the practice
[19:55.200 --> 20:03.760] of law is not about winning cases or doing the right thing, it's all about money.
[20:03.760 --> 20:09.280] It's a business and we talk to our lawyer and we think he's our hero and he's our buddy.
[20:09.280 --> 20:15.560] Now he's there to make money and he's going to do what generates the most funds for him
[20:15.560 --> 20:23.280] as quickly as possible with the least effort on his part and we've already talked about
[20:23.280 --> 20:31.920] how the only thing he, primarily what he wants is the retainer.
[20:31.920 --> 20:35.080] And all of this is not taught in law school.
[20:35.080 --> 20:40.240] In law school, they teach lawyers how to argue legal issues.
[20:40.240 --> 20:44.800] They don't teach them the practice of law, the business of law.
[20:44.800 --> 20:50.800] So generally when a lawyer gets out of law school, ultimately, primarily, they want to
[20:50.800 --> 21:01.240] be picked up by a law firm and the law firm will teach them how to actually practice law.
[21:01.240 --> 21:06.320] Most jurisdictions have some variations on how you practice law in their jurisdiction.
[21:06.320 --> 21:11.160] A lawyer gets out of law school, he doesn't know how to file motions, he doesn't know
[21:11.160 --> 21:15.760] how to get motions put on for hearing, he doesn't know any of that stuff, he doesn't
[21:15.760 --> 21:21.800] know how to deal with the judges, he doesn't know the difference between one judge and
[21:21.800 --> 21:26.840] another and it can be radically different and dramatically change how you deal with
[21:26.840 --> 21:27.840] the judge.
[21:27.840 --> 21:31.560] All of this stuff, the lawyers learn once they get out.
[21:31.560 --> 21:38.640] But the primary thing they learn is to be afraid of the judges, don't do anything to
[21:38.640 --> 21:41.800] annoy that judge.
[21:41.800 --> 21:52.320] So other lawyers will teach the new lawyer how to get in line with the way things are
[21:52.320 --> 21:58.400] done and they don't do anything that's not normally done.
[21:58.400 --> 22:03.520] They let them know very quickly, if you come into this court and you file a motion on something
[22:03.520 --> 22:08.600] that's not normally addressed by this court, the court is not going to be happy with you.
[22:08.600 --> 22:13.960] Because the judge does not want to have to go home and do a lot of legal research so
[22:13.960 --> 22:17.440] he can properly rule on your motion.
[22:17.440 --> 22:19.720] He wants to go play golf.
[22:19.720 --> 22:23.960] You get in his golf time and you're going to have a problem.
[22:23.960 --> 22:31.480] This kind of stuff is not taught in law school, it takes the lawyers a while to learn this
[22:31.480 --> 22:37.160] and in the process the lawyering becomes a cabal.
[22:37.160 --> 22:42.880] If you're not part of that cabal, you're on the outside and you and I, we're on the outside.
[22:42.880 --> 22:47.760] If we don't find a way in, we're going to get run through the system.
[22:47.760 --> 22:55.560] Just about everybody who's fought cases understands how the system is just a mill and these guys
[22:55.560 --> 22:58.320] just crank you through it.
[22:58.320 --> 23:04.440] So that's why we talk about never expect to win in the trial court.
[23:04.440 --> 23:10.120] The trial court is there to service lawyers and help lawyers make money.
[23:10.120 --> 23:18.200] Your only purpose in the trial court is to get the facts and the law on the record.
[23:18.200 --> 23:21.320] To set the record for appeal.
[23:21.320 --> 23:28.720] So the judge, his duty is to determine the facts and according to the rules of evidence
[23:28.720 --> 23:32.760] then apply the laws that comes to him to the facts in the case.
[23:32.760 --> 23:34.520] Nothing else.
[23:34.520 --> 23:40.640] When I get a judge that lets me know he has an opinion, generally what I do is ask the
[23:40.640 --> 23:43.160] bailiff to arrest him.
[23:43.160 --> 23:45.680] He doesn't get to have an opinion.
[23:45.680 --> 23:48.840] I'm not interested in his opinion.
[23:48.840 --> 23:54.360] I'm interested in him determining the facts and the rules of evidence then applying the
[23:54.360 --> 23:56.880] laws that comes to him to the facts in the case.
[23:56.880 --> 23:57.880] Nothing else.
[23:57.880 --> 24:03.200] If you want to prepare for court, first thing you need is a timeline.
[24:03.200 --> 24:07.880] Timeline, everything that happened in the order it happened, then you can go to that
[24:07.880 --> 24:14.000] timeline and look at how all these pieces fit together and then you can build in facts
[24:14.000 --> 24:21.240] to fill in the spaces between these pieces and then you look at those facts and you craft
[24:21.240 --> 24:26.800] your motions and pleadings to get these facts on the record.
[24:26.800 --> 24:34.000] Not necessarily to get the judge to rule in your favor on the motion or pleading.
[24:34.000 --> 24:37.640] I would be better and easier if he ruled in your favor.
[24:37.640 --> 24:40.640] Let's say the other side would have to appeal.
[24:40.640 --> 24:45.400] But that's not necessarily a good thing because you make the other side work harder against
[24:45.400 --> 24:46.400] your motion.
[24:46.400 --> 24:49.600] He's likely to come up with better arguments against it.
[24:49.600 --> 24:53.800] It's almost easier if they ruled against you.
[24:53.800 --> 25:03.800] And it's definitely easier if they rule outrageously against you, more likely to get turned over.
[25:03.800 --> 25:12.960] And when you come to court, you don't want to ask the questions that everybody asks.
[25:12.960 --> 25:19.800] Lawyers hate legal research.
[25:19.800 --> 25:25.000] In 1975, Westlaw ruined the practice of law.
[25:25.000 --> 25:32.840] Prior to 1975, a lawyer would go to a legal encyclopedia, like American jurisprudence,
[25:32.840 --> 25:41.040] and put in a keyword and the keyword would take into a section of cases, generally 15
[25:41.040 --> 25:43.720] or 20 controlling cases.
[25:43.720 --> 25:48.400] And everybody who got to that issue essentially used that same group of cases.
[25:48.400 --> 25:55.160] Well, Westlaw came along in 1975 and said, hey, guys, you don't have to restrict your
[25:55.160 --> 26:03.240] practice to these few cases that happened to have gotten put into the encyclopedia.
[26:03.240 --> 26:09.160] And besides, it doesn't get updated, but once every two years, heck, you can use our
[26:09.160 --> 26:19.200] whiz-bang tool, and instead of finding 15 or 20 controlling cases, you can find 10,000.
[26:19.200 --> 26:27.640] Now lawyers are putting keywords into Lexis, Nexus, or Westlaw, and they're getting thousands
[26:27.640 --> 26:29.400] of hits.
[26:29.400 --> 26:37.400] I ask a lawyer, the second in command of the North Carolina State Bar Association, generally
[26:37.400 --> 26:43.840] how many cases do you have to go through to find the first case on point?
[26:43.840 --> 26:46.640] She said what every other lawyer did, 50 to 100.
[26:46.640 --> 26:50.560] Now she doesn't have to read the whole cases.
[26:50.560 --> 26:56.280] Generally Westlaw and Lexis have hand notes, and they say these are the list of issues
[26:56.280 --> 27:00.960] that are in this case, then they look at the issue and see if the issue matches what they're
[27:00.960 --> 27:01.960] looking for.
[27:01.960 --> 27:05.520] But they have to go through a whole stack of them.
[27:05.520 --> 27:12.200] I ask her, have you ever found emotion or pleading, no matter how much work and research
[27:12.200 --> 27:19.280] you put into it, that you were confident the guy on the other side didn't find emotion
[27:19.280 --> 27:24.520] or didn't find a ruling that you have missed and is going to come into court and wipe the
[27:24.520 --> 27:26.600] floor with you?
[27:26.600 --> 27:31.280] And she said the same thing every other lawyer did, never.
[27:31.280 --> 27:38.400] The worst fear a lawyer has is missing something.
[27:38.400 --> 27:42.040] You and I, we're just in our old process.
[27:42.040 --> 27:47.480] We miss anything we want to, if the judge could annoy it at us, we could misstate case
[27:47.480 --> 27:52.960] law, if the judge gets mad at us, he might even sanction us a little.
[27:52.960 --> 27:57.480] A lawyer missed something, he's in trouble.
[27:57.480 --> 28:03.200] A lawyer, when he gets that bar card, he becomes learned in counsel.
[28:03.200 --> 28:07.560] He doesn't have the option of missing something, but with what Lexis and Westlaw's done to
[28:07.560 --> 28:12.920] the legal system, they all know they're always missing stuff.
[28:12.920 --> 28:15.160] So they're all terrified.
[28:15.160 --> 28:18.200] They're always terrified they're going to get found out.
[28:18.200 --> 28:25.760] So if you want to get a better deal on your case, look for questions, first blush if you
[28:25.760 --> 28:26.760] can.
[28:26.760 --> 28:28.680] Listen to Eddie Craig on Mondays.
[28:28.680 --> 28:32.720] He is the all-time pro at finding first blush issues.
[28:32.720 --> 28:38.000] First blush means this issue's never been addressed before.
[28:38.000 --> 28:44.280] The lawyer looks at that and says, holy mackerel, now I got to go do research.
[28:44.280 --> 28:50.760] And I know if I do research, no matter how much research I do, I can never be sure that
[28:50.760 --> 28:57.600] I found everything or the most important thing to go to my issue, so it terrifies them.
[28:57.600 --> 28:59.520] They hate it.
[28:59.520 --> 29:05.680] So you want to file motions and pleadings that go to issues that the lawyers will have to
[29:05.680 --> 29:08.600] go to the books and research.
[29:08.600 --> 29:17.360] So it appears as though the litigation is going to be very, very costly.
[29:17.360 --> 29:24.040] Once we go back to the adage, you'll never win your case in the trial court.
[29:24.040 --> 29:25.400] Forget that noise.
[29:25.400 --> 29:29.800] The best way to win your case is to make a deal.
[29:29.800 --> 29:35.200] First thing, decide what would be a win for you and then set up your case so you can make
[29:35.200 --> 29:36.200] that deal.
[29:36.200 --> 29:40.000] Ninety-eight percent of the cases filed never get to the trial court.
[29:40.000 --> 29:42.640] They're all pled out.
[29:42.640 --> 29:50.000] So craft your case with that in mind, hang on, about to go to our sponsors, Randy Kelton,
[29:50.000 --> 30:01.280] the rule of law radio, our call in number 512-646-1984, we'll be right back.
[30:01.280 --> 30:05.720] Everyone knows that walking is great exercise, but you might not know that the way you walk
[30:05.720 --> 30:07.880] could predict how long you're going to live.
[30:07.880 --> 30:12.600] I'm Dr. Katherine Albrecht and I'll be back to tell you more about walking prognostic
[30:12.600 --> 30:42.040] education in just a moment.
[30:43.600 --> 30:48.000] New research shows how fast you walk could predict how long you're going to live.
[30:48.000 --> 30:52.560] The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.560 --> 30:55.800] per second or faster live longer than expected.
[30:55.800 --> 31:00.200] In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.200 --> 31:04.920] A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.920 --> 31:07.240] as more traditional statistical measures.
[31:07.240 --> 31:10.560] Generally speaking, faster walkers live longer.
[31:10.560 --> 31:13.080] Walking walking speed is quick and inexpensive.
[31:13.080 --> 31:16.880] It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.880 --> 31:21.600] Researchers say it could help doctors identify older patients who need special care.
[31:21.600 --> 31:23.000] I'm Dr. Katherine Albrecht.
[31:23.000 --> 31:25.880] More news and information at kathrinalbrecht.com.
[31:30.360 --> 31:31.360] I lost my son.
[31:31.360 --> 31:32.360] My nephew.
[31:32.360 --> 31:33.360] My uncle.
[31:33.360 --> 31:34.360] My son.
[31:34.360 --> 31:35.360] On September 11, 2000.
[31:35.360 --> 31:38.680] Most people don't know that a third tower fell on September 11.
[31:38.680 --> 31:42.800] Old Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.800 --> 31:48.680] Although the official explanation is that fire brought down building 7, over 1,200 architects
[31:48.680 --> 31:52.400] and engineers have looked into the evidence and believed there is more to the story.
[31:52.400 --> 31:53.880] Bring justice to my son.
[31:53.880 --> 31:54.880] My uncle.
[31:54.880 --> 31:55.880] My nephew.
[31:55.880 --> 31:56.880] My son.
[31:56.880 --> 31:57.880] Go to building what.org.
[31:57.880 --> 32:01.160] Why it fell, why it matters, and what you can do.
[32:01.160 --> 32:05.800] Logos Radio Network welcomes a new show to our lineup for the new year.
[32:05.800 --> 32:12.080] Scripture Talk with Nana will begin Wednesday, January 8, from 8 to 10 p.m. central time.
[32:12.080 --> 32:15.160] Our goal is in accord with Matthew 5.16.
[32:15.160 --> 32:20.200] Let your light so shine before men that they may see your good works and glorify your Father
[32:20.200 --> 32:21.720] which is in heaven.
[32:21.720 --> 32:26.520] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.520 --> 32:32.080] Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[32:32.080 --> 32:35.200] to provoke unto love and good works.
[32:35.200 --> 32:39.600] Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[32:39.600 --> 32:41.360] one chapter per week.
[32:41.360 --> 32:46.440] Our topical Bible studies will vary each week and will explore sound doctrine as well as
[32:46.440 --> 32:48.640] Christian character development.
[32:48.640 --> 32:55.720] So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting
[32:55.720 --> 33:02.280] January 8 for an inspiring and motivating discussion of the Scriptures.
[33:02.280 --> 33:06.120] Live Free Speech Radio LogosRadioNetwork.com
[33:32.280 --> 33:42.920] Okay, we are back, Randy Kelton, Rule of Long Radio, and we're going through some points
[33:42.920 --> 33:48.880] on the e-book we have for sale, Legal 101.
[33:48.880 --> 33:56.360] I'm going to jump over Kim's four rules, maybe we'll do those later, but I'll go through
[33:56.360 --> 33:58.040] what they are quickly.
[33:58.040 --> 34:07.280] There's everything, when you're dealing with the courts, the facts and the law at the end
[34:07.280 --> 34:11.520] of the day don't matter, perception is everything.
[34:11.520 --> 34:20.800] Everything is negotiable, everything is political, and all politics is local, and all politics
[34:20.800 --> 34:29.480] always follows the money and its fourth rule is document, document, document.
[34:29.480 --> 34:34.960] If you have a phone conversation, when you're finished with the phone conversation, write
[34:34.960 --> 34:40.960] a synopsis of the conversation, send it to the other party, and ask them to confirm that
[34:40.960 --> 34:45.200] this is the gist of what was said on the phone.
[34:45.200 --> 34:50.280] If you don't do that, you'll wind up in situations that didn't happen that the lawyer on the
[34:50.280 --> 34:51.280] other side made up.
[34:51.280 --> 34:57.400] Anyway, I won't spend too much time on those, I want to go to the power of prosaic, of course
[34:57.400 --> 35:06.080] hate prosaic litigants, it's not because prosaic litigants file stupid pleadings, that makes
[35:06.080 --> 35:09.080] it easier to handle the prosaic.
[35:09.080 --> 35:17.760] It's because prosaics tend to not know better than to take on issues the judge doesn't want
[35:17.760 --> 35:19.800] to deal with.
[35:19.800 --> 35:24.280] All of the lawyers that practice in the court know better, don't you dare give these issues
[35:24.280 --> 35:27.200] to this judge, he's not going to be happy with you.
[35:27.200 --> 35:29.440] But prosaics don't know that.
[35:29.440 --> 35:37.720] And prosaics, like I mentioned earlier, don't come into court dangling by their barcarts.
[35:37.720 --> 35:42.800] The judge can get upset if the prosaic only wants to, you know, we go to court and we
[35:42.800 --> 35:49.760] tend to be, we want the judge to be on our side, and it took me a long time to realize
[35:49.760 --> 35:54.520] that that's a really bad strategy.
[35:54.520 --> 36:02.240] That in this free country, we should not care if the judge is on our side or not.
[36:02.240 --> 36:06.520] The judge has a duty and a responsibility.
[36:06.520 --> 36:11.000] And whether he likes us or doesn't like us, that's not relevant.
[36:11.000 --> 36:15.760] He has a duty to determine the facts in accordance with the rules of evidence, now apply the
[36:15.760 --> 36:19.240] laws that comes to him with the facts in the case.
[36:19.240 --> 36:23.960] If he does anything else, he's stepping outside the scope of his authority.
[36:23.960 --> 36:25.560] Well, not anything else.
[36:25.560 --> 36:30.840] He can maintain decorum in the courtroom.
[36:30.840 --> 36:31.840] That's about it.
[36:31.840 --> 36:39.680] The rest of it, if he does anything that's outside the bounds of those two, he's subject
[36:39.680 --> 36:41.880] to sanction himself.
[36:41.880 --> 36:51.320] Now a lawyer, no lawyer in his right professional mind would file a complaint against a judge,
[36:51.320 --> 36:57.800] unless maybe it's a judge that's about to retire or a judge everybody happens to hate.
[36:57.800 --> 37:04.760] Otherwise, you go after one judge and every other judge will screw you to retaliate for
[37:04.760 --> 37:05.760] it.
[37:05.760 --> 37:11.000] So don't expect your lawyer to try to force the judge to do the right thing.
[37:11.000 --> 37:16.720] Your lawyer is not going to do that, but you can say you can do that or you want to.
[37:16.720 --> 37:22.480] If you file a judicial conduct complaint and the judge says one word about it, you file
[37:22.480 --> 37:25.960] a judicial conduct complaint for that.
[37:25.960 --> 37:32.480] If the judge or anyone else says, oh, wow, you got to be careful, you can get in a lot
[37:32.480 --> 37:36.360] of trouble.
[37:36.360 --> 37:43.320] Drug misconduct, retaliation, 3606, Texas Penal Code.
[37:43.320 --> 37:51.120] When you start going after them, you become clearly the baddest motor scooter in the room
[37:51.120 --> 37:55.440] because you're the only one that can do that with impunity.
[37:55.440 --> 38:01.840] And then this helps to give your lawyer plausible deniability.
[38:01.840 --> 38:08.680] You start hammering the judge and the judge is going to want that lawyer on the other
[38:08.680 --> 38:13.880] side to do something to keep this guy from hammering me.
[38:13.880 --> 38:19.760] We had Brenda Burton out of Colorado.
[38:19.760 --> 38:21.160] She's in the federal court.
[38:21.160 --> 38:28.760] She called in complaining about how the lawyers on the other side and the judge was treating
[38:28.760 --> 38:29.760] her.
[38:29.760 --> 38:32.080] She didn't file any bar grievances.
[38:32.080 --> 38:33.080] She said no.
[38:33.080 --> 38:34.080] I said, well, why not?
[38:34.080 --> 38:35.080] She said, well, I didn't think about it.
[38:35.080 --> 38:37.000] Well, you ought to think about it.
[38:37.000 --> 38:38.520] What about judicial conduct complaints?
[38:38.520 --> 38:39.840] Did you file any of those?
[38:39.840 --> 38:40.840] Well, no.
[38:40.840 --> 38:43.240] You need to get to work.
[38:43.240 --> 38:50.760] She called back a couple of months later and she called back 25 bar grievances and six judicial
[38:50.760 --> 38:54.520] conduct complaints later in the federal court.
[38:54.520 --> 39:04.720] They went into court at one o'clock and the judge had the bailiff go lock the door, come
[39:04.720 --> 39:09.840] back and give him the key, and then had the bailiff leave through chambers.
[39:09.840 --> 39:14.000] And then the judge said, I'm going to give you this courtroom, it's sure it's all evening.
[39:14.000 --> 39:19.240] And he pitched the keys to the lawyers on the other side.
[39:19.240 --> 39:21.680] She didn't have a lawyer.
[39:21.680 --> 39:26.440] And he said to the lawyers, you have the courtroom all evening.
[39:26.440 --> 39:34.680] But when I come back tomorrow, you will have made Ms. Burton an offer she cannot refuse.
[39:34.680 --> 39:38.880] I do not want to see her face in my courtroom again.
[39:38.880 --> 39:41.240] Do I make myself clear?
[39:41.240 --> 39:45.040] You see, you can say anything to Brenda.
[39:45.040 --> 39:47.120] They say anything to her.
[39:47.120 --> 39:50.280] She'll file another criminal complaint against it.
[39:50.280 --> 39:52.760] But he could control those lawyers.
[39:52.760 --> 39:54.080] I was in Australia.
[39:54.080 --> 39:57.680] They called me down there to do some seminars.
[39:57.680 --> 40:02.080] And first thing is they took me to the high court.
[40:02.080 --> 40:08.320] And they had this guy in there over a probate issue with his mother's estate.
[40:08.320 --> 40:15.880] And he is crawling down this judge's throat, calling him a no good lion shyster and a criminal.
[40:15.880 --> 40:21.000] I couldn't believe it and the United States would have been thrown under the jail.
[40:21.000 --> 40:24.360] And the judge is frustrated.
[40:24.360 --> 40:28.640] And they brought me in and we called over the bailiff.
[40:28.640 --> 40:37.200] And I told the bailiff that I was an investigative reporter from the United States and I was
[40:37.200 --> 40:41.400] down here doing a story on Australian courts.
[40:41.400 --> 40:45.400] But that I'm also an old war veteran and I don't hear very well.
[40:45.400 --> 40:49.640] Do you have some kind of hearing apparatus that can help me hear it?
[40:49.640 --> 40:50.960] He said, well, no, we don't.
[40:50.960 --> 40:53.320] I said, well, you have a sound system here.
[40:53.320 --> 40:54.320] Can you turn it up?
[40:54.320 --> 40:55.840] He said, no, it's broken.
[40:55.840 --> 40:58.640] I said, well, you have a couple of big tables up there.
[40:58.640 --> 41:02.120] You mind if I set it one of those?
[41:02.120 --> 41:03.320] And he looked all confused.
[41:03.320 --> 41:06.960] He said, one moment he went in the back and came out.
[41:06.960 --> 41:13.840] I guess he told the judge that an American reporter, a Yank reporter was there doing
[41:13.840 --> 41:18.160] a story on judges and he brought me and two or three other guys up and let us sit in the
[41:18.160 --> 41:22.800] front by this side table and just told us not to make any noise.
[41:22.800 --> 41:26.320] So the judge is looking over at us and then he's looking back at this guy and this guy
[41:26.320 --> 41:28.920] is crawling down his throat.
[41:28.920 --> 41:36.120] And finally the judge got frustrated and told him, Mr. Brown, you need to get counsel.
[41:36.120 --> 41:42.920] I could control counsel, but I can't control you.
[41:42.920 --> 41:48.040] I couldn't believe the judge actually said that, but that was the case.
[41:48.040 --> 41:51.640] That's why they don't like ProSafe, they can't control us.
[41:51.640 --> 41:58.920] And if you understand your position as a ProSafe litigant, when I say you can never expect
[41:58.920 --> 42:05.240] to win your case simply because you have the law and the facts on your side, it doesn't
[42:05.240 --> 42:10.440] sound quite as bad if you can get the, all you want to do is get the law and the facts
[42:10.440 --> 42:14.360] on the record anyway.
[42:14.360 --> 42:20.160] And if you can get the judge to act really ignorant, oh, that works much better for you
[42:20.160 --> 42:27.840] at the end of the day because if they act ignorant enough, in one case we filed a petition
[42:27.840 --> 42:41.400] for a written mandamus and in Fort Worth, Second Circuit, only 12% of the written mandamus
[42:41.400 --> 42:51.600] get picked up, only 2% get ruled on in favor of the filer and we won the written mandamus
[42:51.600 --> 42:58.640] because the judge acted so ignorant that the Court of Appeals could not let what they were
[42:58.640 --> 43:01.480] doing go.
[43:01.480 --> 43:10.120] So as a ProSafe, you do have powers and abilities beyond those of ordinary attorneys if you
[43:10.120 --> 43:13.880] understand how to use them.
[43:13.880 --> 43:19.360] We're about to go to our sponsors, I've got one more thing I'd like to talk about that
[43:19.360 --> 43:27.920] I never have and it's about how to craft legal documents, how to think about crafting legal
[43:27.920 --> 43:28.920] documents.
[43:28.920 --> 43:34.320] That should take one more segment and then we'll go to our callers, we've got Robert
[43:34.320 --> 43:43.800] and California and Ronald and Oregon, we'll get to you, call in numbers 512-646-1984,
[43:43.800 --> 44:00.640] we'll be right back.
[44:00.640 --> 44:06.680] Through advances in technology our lives have greatly improved except in the area of nutrition.
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[44:25.920 --> 44:30.680] Logos Radio Network gets many requests to endorse all sorts of products, most of which
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[45:00.200 --> 45:04.360] Are you the plaintiff or defendant in a lawsuit?
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[45:11.120 --> 45:14.920] that will show you how in 24 hours, step by step.
[45:14.920 --> 45:18.920] If you have a lawyer, know what your lawyer should be doing.
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[45:22.960 --> 45:28.080] Thousands have won with our step by step course and now you can too.
[45:28.080 --> 45:33.880] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:33.880 --> 45:39.200] Even if you're not in a lawsuit, you can learn what everyone should understand about
[45:39.200 --> 45:43.560] the principles and practices that control our American courts.
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[46:17.160 --> 46:30.920] Okay, we are back.
[46:30.920 --> 46:40.920] Brandy Kelton, rule of law radio on this Friday, the 28th day of August 2020 and now I'm going
[46:40.920 --> 46:43.880] to go to legal documents.
[46:43.880 --> 46:53.440] Only the heart of any case are the documents and I am building a tool that people can use
[46:53.440 --> 46:56.400] to address legal issues.
[46:56.400 --> 47:04.120] I started out trying to teach people about law and about the basics of law and that turned
[47:04.120 --> 47:08.680] out to be far more difficult than I expected.
[47:08.680 --> 47:19.720] So I started developing a tool that will extract the facts and the issues in a case and then
[47:19.720 --> 47:25.480] create the documents and individual needs to address their issues without them having
[47:25.480 --> 47:30.160] to understand everything about law.
[47:30.160 --> 47:36.680] But if you're going to go to court, if you're going to try to find legal remedy, you at
[47:36.680 --> 47:43.080] least need to understand generally how everything works.
[47:43.080 --> 47:52.400] And where we want to start is with you, the first thing is, you know, what's your problem?
[47:52.400 --> 47:53.920] What are you complaining about?
[47:53.920 --> 47:58.680] What issue do you want to bring before the court?
[47:58.680 --> 48:08.760] First thing you want to do is determine what is it that you want.
[48:08.760 --> 48:14.080] At the end of the day, what would be a win for you?
[48:14.080 --> 48:19.560] Before you go into a case, you need to set a goal and to punish the other side or to
[48:19.560 --> 48:22.920] teach the other side a lesson, that's not a goal.
[48:22.920 --> 48:31.240] You need to define a specific outcome, a place that you want to get to.
[48:31.240 --> 48:39.960] And once you've defined a goal, then you need to carefully structure and sort out what
[48:39.960 --> 48:47.440] it is that you're complaining about.
[48:47.440 --> 48:50.000] There are two different kinds of complaints.
[48:50.000 --> 48:54.440] One is a criminal complaint and that's one that's filed against you.
[48:54.440 --> 48:59.120] You can actually file criminal complaints against other people, but when you do that,
[48:59.120 --> 49:01.440] you have no standing.
[49:01.440 --> 49:04.600] You don't adjudicate a criminal complaint.
[49:04.600 --> 49:11.800] The state is exclusively prosecutes criminal actions.
[49:11.800 --> 49:17.760] You can only prosecute torts and causes of action.
[49:17.760 --> 49:23.720] A lot of people don't understand how these work.
[49:23.720 --> 49:27.840] For the most part, you can't just come into court and say, this guy's a dirty rotten
[49:27.840 --> 49:30.760] scoundrel and he did all these bad things to me.
[49:30.760 --> 49:33.960] The judge is going to say, oh my goodness, that's really horrible.
[49:33.960 --> 49:38.080] I hate to hear that, but he's not going to rule in your favor because you didn't give
[49:38.080 --> 49:40.400] him anything to rule on.
[49:40.400 --> 49:47.080] You need to find either a tort claim or a cause of action.
[49:47.080 --> 49:55.960] A tort claim occurs when someone with whom you were not engaged in a contractual arrangement
[49:55.960 --> 49:58.440] harms you.
[49:58.440 --> 50:04.120] Let's say you're driving down the street and a backhoe operator swings the backhoe around
[50:04.120 --> 50:07.640] and bashes him the side of your car.
[50:07.640 --> 50:09.840] You didn't have any relationship with him.
[50:09.840 --> 50:12.560] You didn't have any agreements with him.
[50:12.560 --> 50:14.680] He just did something that caused you harm.
[50:14.680 --> 50:16.160] That's a tort.
[50:16.160 --> 50:24.600] We are building an action, a suit against the governor.
[50:24.600 --> 50:34.640] While we were technically in a contractual agreement with the governor, in that the governor
[50:34.640 --> 50:42.120] before he could take office, the citizens of this republic demanded that he swear on
[50:42.120 --> 50:54.240] his oath that he enter into a contract with us wherein he would accept his pay in return
[50:54.240 --> 50:59.640] for protecting and upholding the constitution and laws of the United States or of the state
[50:59.640 --> 51:01.640] of Texas.
[51:01.640 --> 51:05.920] That's his contract.
[51:05.920 --> 51:13.920] When he issued these orders, he exceeded the contract, his order was ultra-virus.
[51:13.920 --> 51:23.800] Ultra-virus means outside the scope of his contract, and in so doing, he harmed us.
[51:23.800 --> 51:30.200] We can bring a claim under a cause of action, and I'll get to what they are in just a moment,
[51:30.200 --> 51:41.000] but they claim this most appropriate here rings in tort, in that the governor arbitrarily
[51:41.000 --> 51:46.960] and capriciously did something that caused us harm.
[51:46.960 --> 51:56.760] What caused us harm was a breach of a constitutional right, and under law, that's defined as a
[51:56.760 --> 51:58.400] constitutional tort.
[51:58.400 --> 52:05.680] So, we'll be suing the governor under a constitutional tort, and a constitutional tort is going to
[52:05.680 --> 52:10.520] have a set of elements that must be there.
[52:10.520 --> 52:16.200] There was a constitutional restriction.
[52:16.200 --> 52:26.640] The actor exceeded that restriction, and the plaintiff was harmed thereby.
[52:26.640 --> 52:32.080] When I look up constitutional tort, there's likely to be more elements that must be there.
[52:32.080 --> 52:36.000] It's like a criminal charge, so you charge someone with murder.
[52:36.000 --> 52:46.120] In order to charge someone with murder, you have to address and allege that not only all
[52:46.120 --> 52:56.280] of the legal elements, you must show facts that support an allegation of each legal element.
[52:56.280 --> 53:03.640] There is that someone was killed, that you don't have to have a body, you just have to
[53:03.640 --> 53:10.920] establish that someone was killed, that there's reasonable cause to believe that this particular
[53:10.920 --> 53:20.360] person killed that guy, and that he killed that guy either deliberately, without justification,
[53:20.360 --> 53:24.080] or by gross negligence.
[53:24.080 --> 53:32.640] Every one of the elements must be pled with facts and support for a criminal charge.
[53:32.640 --> 53:34.640] A tort is the same way.
[53:34.640 --> 53:42.440] There are a number of defined tort, and each one of those will have a set of elements.
[53:42.440 --> 53:44.800] Causes of action, they're similar.
[53:44.800 --> 53:53.080] They're similar to criminal charges in that we pretty well have a set of defined causes
[53:53.080 --> 53:54.080] of action.
[53:54.080 --> 54:03.880] We want to look at the facts of your issue and find a cause of action that those facts
[54:03.880 --> 54:04.880] go to.
[54:04.880 --> 54:11.360] For instance, I entered into a contract with this guy, and this guy had information that
[54:11.360 --> 54:17.960] he knew I didn't have, and he knew that it didn't disclose that information to him.
[54:17.960 --> 54:24.880] He gave me disclosure about this deal he wanted me to enter into, but there was information
[54:24.880 --> 54:32.240] about the deal he didn't tell me, and he knew I had no way to access that information for
[54:32.240 --> 54:33.640] myself.
[54:33.640 --> 54:39.080] He also knew that had I had that information, I would have made a different decision than
[54:39.080 --> 54:41.560] the one I did.
[54:41.560 --> 54:47.080] Based on that, I entered into this contract with him and was harmed thereby.
[54:47.080 --> 54:50.360] That goes to fraud by non-disclosure.
[54:50.360 --> 55:02.440] In order to make the claim of fraud by non-disclosure, the defendant must have made a voluntary disclosure.
[55:02.440 --> 55:11.440] He must have withheld information that he knew you did not have equal access to.
[55:11.440 --> 55:18.160] He must also have reason to believe that had you had this information, you would have made
[55:18.160 --> 55:24.360] a decision different than the decision that you made, that you subsequently made this
[55:24.360 --> 55:31.360] decision absent this withheld information, and you were harmed thereby.
[55:31.360 --> 55:38.080] In order to make this claim, you have to allege each one of those.
[55:38.080 --> 55:44.000] You miss a one of them, you'll file it, the other side will raise an objection, and the
[55:44.000 --> 55:48.640] judge will dismiss your case for failure, state of claim, and which cover can be had.
[55:48.640 --> 55:56.520] He won't necessarily give you legal advice and tell you which claim was not present.
[55:56.520 --> 56:06.280] I've said necessarily because generally the judges are required to explain their decision,
[56:06.280 --> 56:14.200] and if they don't, there are generally ways in court to ask them to explain their decision.
[56:14.200 --> 56:21.000] In order to make one of these claims, either in criminal, if you file a criminal complaint,
[56:21.000 --> 56:26.240] you have to allege every element of the complaint, otherwise the complaint will just get tossed.
[56:26.240 --> 56:30.360] A tort or cause of action.
[56:30.360 --> 56:34.840] You can look up causes of action for most in this state.
[56:34.840 --> 56:42.480] The best place to find causes of action is in a litigation guide.
[56:42.480 --> 56:49.600] Before you start writing any motions or pleadings, go to the litigation guides, call a lawyer,
[56:49.600 --> 56:55.600] if you're a prosaic, call a law firm, and I have someone in Amarillo do this, so tell
[56:55.600 --> 57:01.160] the law firm that you're teen, you're homeschooling, you're kids, you want to give them a course
[57:01.160 --> 57:09.360] in law, do you have any old litigation guides laying around that I can use to help give
[57:09.360 --> 57:12.000] my kids a course in law?
[57:12.000 --> 57:20.640] The second lawyer, she called, said, do you have a station wagon or a pickup truck?
[57:20.640 --> 57:25.760] These guys, every time a new set of litigation guides are produced, they buy the new ones
[57:25.760 --> 57:27.680] because they have all the latest law in them.
[57:27.680 --> 57:33.000] If you're a prosaic, and it's a couple of years old, you don't care, and the lawyers
[57:33.000 --> 57:37.760] just let them build up in their storage and never get rid of them.
[57:37.760 --> 57:42.720] If you call two or three law firms, they'll probably give you more litigation guides than
[57:42.720 --> 57:45.880] all books and you can haul away.
[57:45.880 --> 57:50.560] Then when you want to file a motion, you look it up in the litigation guide, it'll tell
[57:50.560 --> 57:54.880] you how to file it, it'll tell you how to structure it, it'll give you all the case
[57:54.880 --> 58:01.320] law, it'll tell you how to argue against it, so mostly you fill in the blanks.
[58:01.320 --> 58:07.240] If you're not filling the blanks and you're writing the pleading itself, then you're not
[58:07.240 --> 58:09.320] doing enough research.
[58:09.320 --> 58:15.160] I'm going to stop here, but if you're doing too much research, you're not using the primary
[58:15.160 --> 58:21.640] tool you should be using when writing pleadings, and that's plagiarism.
[58:21.640 --> 58:26.560] If you haven't done enough research, pull all your arguments out of decisions by judges
[58:26.560 --> 58:29.160] instead of writing them yourself.
[58:29.160 --> 58:32.360] There's a lot more I don't have time to get to.
[58:32.360 --> 58:37.880] We will start taking our callers when I come back and my voice is kind of running out,
[58:37.880 --> 58:39.720] so I'm going to stop here.
[58:39.720 --> 58:50.320] I hope this is helpful, we'll be right back.
[58:50.320 --> 58:54.480] Would you like to make more definite progress in your walk with God?
[58:54.480 --> 58:59.640] Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.640 --> 59:01.000] can really help.
[59:01.000 --> 59:05.320] The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.320 --> 59:06.320] today.
[59:06.320 --> 59:10.360] It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.360 --> 59:13.440] to know God and to know the meaning of life.
[59:13.440 --> 59:18.720] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.720 --> 59:22.980] Chapter by Chapter, Basic Elements of the Christian Life, clearly presents God's plan
[59:22.980 --> 59:27.920] of salvation, growing in Christ and how to build up the church.
[59:27.920 --> 59:32.960] To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.960 --> 59:45.720] Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit
[59:45.720 --> 01:00:00.640] us online at bfa.org.
[01:00:00.640 --> 01:00:06.720] The following news flash is brought to you by the Lone Star Lowdowns.
[01:00:06.720 --> 01:00:12.520] Markets for Monday the 22nd of July 2019, open with precious metals, gold at $1,429
[01:00:12.520 --> 01:00:20.920] an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel,
[01:00:20.920 --> 01:00:29.240] Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52,
[01:00:29.240 --> 01:00:40.680] Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a
[01:00:40.680 --> 01:00:42.680] crypto coin.
[01:00:42.680 --> 01:00:52.360] Today in History, the year 1916, the Preparedness Day Bombing, a time suitcase bomb, was detonated
[01:00:52.360 --> 01:00:57.680] on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[01:00:57.680 --> 01:00:59.680] 10 and entering 40.
[01:00:59.680 --> 01:01:04.680] Today in History.
[01:01:04.680 --> 01:01:09.400] In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing happen to
[01:01:09.400 --> 01:01:14.040] Texas law back in June, county prosecutors around the state, including Houston, Austin
[01:01:14.040 --> 01:01:18.040] and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:01:18.040 --> 01:01:22.200] new ones, since they are stipulating that they do not have the time or the laboratory
[01:01:22.200 --> 01:01:24.720] equipment to test the herb for THC.
[01:01:24.720 --> 01:01:28.400] Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:01:28.400 --> 01:01:33.120] she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:33.120 --> 01:01:34.120] law.
[01:01:34.120 --> 01:01:37.560] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:01:37.560 --> 01:01:42.040] that county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.040 --> 01:01:48.200] in Texas and that these actions demonstrate a misunderstanding of how HV1325 works, as
[01:01:48.200 --> 01:01:54.440] well as other cities too, like the district attorney in El Paso, Kymah Esparza, a Democrat
[01:01:54.440 --> 01:01:58.920] who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:58.920 --> 01:02:01.640] prosecution of marijuana cases in El Paso.
[01:02:01.640 --> 01:02:06.680] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.680 --> 01:02:10.720] in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.720 --> 01:02:13.440] something illegal based on its chemical makeup.
[01:02:13.440 --> 01:02:17.320] It's important that if someone is charged with something, the test matches what they're
[01:02:17.320 --> 01:02:22.520] charged with.
[01:02:22.520 --> 01:02:28.080] A paper by Tulane University identified a 5-and-a-half-inch American pocket shark as the first of its
[01:02:28.080 --> 01:02:33.560] kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured
[01:02:33.560 --> 01:02:39.440] or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.440 --> 01:02:43.760] According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.760 --> 01:02:50.040] its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[01:02:50.040 --> 01:03:04.080] glow.
[01:03:04.080 --> 01:03:30.360] Okay, we are back, Randy Kelton, we're on the radio and we're going to our callers.
[01:03:30.360 --> 01:03:34.360] I got Ted on the line, I'm going to take him first, he didn't mean he doesn't take
[01:03:34.360 --> 01:03:41.000] too long, but I definitely want to see what have you been up to, Ted?
[01:03:41.000 --> 01:03:49.760] Hey, good evening, Randy and Brett, or I should say Dr. Kelton and Nerf Brett.
[01:03:49.760 --> 01:03:54.360] That chump, Brett, didn't show up tonight.
[01:03:54.360 --> 01:04:03.920] He took a trip with his pretty wife and his little boy, can you imagine him going out
[01:04:03.920 --> 01:04:08.280] with his pretty wife and not coming here on this radio show?
[01:04:08.280 --> 01:04:09.840] How dare him?
[01:04:09.840 --> 01:04:13.120] How dare him?
[01:04:13.120 --> 01:04:17.960] He is married to this adorable woman from Vizil.
[01:04:17.960 --> 01:04:18.960] Wow.
[01:04:18.960 --> 01:04:24.960] Oh, she is tough.
[01:04:24.960 --> 01:04:29.960] Brett is absolutely out of his league.
[01:04:29.960 --> 01:04:32.160] Oh, God.
[01:04:32.160 --> 01:04:43.200] I have so much, I've got a recording of her at court just working over these deputies.
[01:04:43.200 --> 01:04:47.000] No way they can handle her.
[01:04:47.000 --> 01:04:51.040] Okay, what have you been up to, Ted?
[01:04:51.040 --> 01:04:59.040] Yes, sir, and let's keep it short because I know you have other callers and so much
[01:04:59.040 --> 01:05:00.040] has gone on.
[01:05:00.040 --> 01:05:02.000] I'm not going to try to cover everything.
[01:05:02.000 --> 01:05:10.640] However, I think last I informed that I had been forced to court in a civil action where
[01:05:10.640 --> 01:05:18.280] I'm the plaintiff, I'm suing the public defender to get them off of my criminal case.
[01:05:18.280 --> 01:05:28.200] I was forced down to court by this judge, Bowen, and so I left the court and I also
[01:05:28.200 --> 01:05:33.880] need to tell everyone, remember this judge, when I appeared in court, said to shut me
[01:05:33.880 --> 01:05:39.480] up, she said, Mr. Scarlett, your cases continue to December.
[01:05:39.480 --> 01:05:45.240] And I found out that she intended on having a hearing behind my back two days later to
[01:05:45.240 --> 01:05:48.600] dismiss my civil lawsuit.
[01:05:48.600 --> 01:05:56.560] In any case, I had left the court and I went to the county and to the county board of supervisors
[01:05:56.560 --> 01:06:04.160] office and I filed the claim, you have to file a claim to sue the county or county people
[01:06:04.160 --> 01:06:10.160] and so I filled that claim out and the gal was pretty helpful and told me they had a
[01:06:10.160 --> 01:06:15.880] new COVID form, so I filled out the COVID form.
[01:06:15.880 --> 01:06:22.000] I then left their offices and I went to the district attorney's office and I swore out
[01:06:22.000 --> 01:06:29.560] a criminal referral against the judge for violating the American with Disabilities Act
[01:06:29.560 --> 01:06:35.880] and violating the county doctors' stay-at-home orders.
[01:06:35.880 --> 01:06:42.680] And an investigator talked to me over the phone, he used to chicken to come down into
[01:06:42.680 --> 01:06:47.280] the lobby area, which they would normally do because of the virus.
[01:06:47.280 --> 01:06:55.040] I explained my health history and I explained what was going on and he told me if it was
[01:06:55.040 --> 01:06:57.040] him, he would stay home.
[01:06:57.040 --> 01:07:02.800] And he says, look, it's a civil matter, it's not worth your life, whatever this judge does
[01:07:02.800 --> 01:07:07.640] can be overturned or done away with.
[01:07:07.640 --> 01:07:16.160] I can't give you legal advice, however, if it was me, I would not go to court.
[01:07:16.160 --> 01:07:24.040] So obviously I understood that he didn't know who I was yet and I never really figured
[01:07:24.040 --> 01:07:28.320] that the DA's office would do anything with this.
[01:07:28.320 --> 01:07:35.800] So going forward now, I had to go back to court last, well, you're not going to believe
[01:07:35.800 --> 01:07:36.800] it.
[01:07:36.800 --> 01:07:41.400] I'm a homeless guy and I'm running down there in emergency mode to save a woman from losing
[01:07:41.400 --> 01:07:45.280] her house because that's what we do, Randy.
[01:07:45.280 --> 01:07:49.440] So anyway, while I was down there, obviously I came through the front door and the deputies
[01:07:49.440 --> 01:07:52.120] all stopped breathing.
[01:07:52.120 --> 01:07:57.200] And at the time, I didn't know- Did you hear all the air in the room suck up into their
[01:07:57.200 --> 01:07:58.200] lungs?
[01:07:58.200 --> 01:08:05.680] Yes, I did, but here's the picker, Randy, here's the big one.
[01:08:05.680 --> 01:08:09.760] I just took it all in, okay, I take in everything.
[01:08:09.760 --> 01:08:21.560] I may not notice fully consciously at the moment, but anyway, I heard the hum of airmovers
[01:08:21.560 --> 01:08:25.920] and I noticed that these big aluminum boxes were all over the place.
[01:08:25.920 --> 01:08:30.600] It's just unbearable to be down there with this going on everywhere.
[01:08:30.600 --> 01:08:35.200] And I went home after all this, and again, because I'm trying to keep it short, I woke
[01:08:35.200 --> 01:08:41.640] up the next morning and I said, wait a minute, those airmovers are down there because of
[01:08:41.640 --> 01:08:42.640] me.
[01:08:42.640 --> 01:08:49.640] And so then progressing forward, what I'm trying to do is get a doctor's letter to get
[01:08:49.640 --> 01:08:59.520] us a freeze on this civil case, and that entailed me contacting the coordinator for ADA, American
[01:08:59.520 --> 01:09:03.960] with Disabilities Act, because I know you don't like short, but-
[01:09:03.960 --> 01:09:04.960] Acronyms.
[01:09:04.960 --> 01:09:05.960] Acronyms.
[01:09:05.960 --> 01:09:07.720] I couldn't come up with the word, Randy.
[01:09:07.720 --> 01:09:16.640] I had to take two pain bills about an hour ago, so anyway, in conversations with her,
[01:09:16.640 --> 01:09:21.920] she told me that Dr. Cody, the county doctor, had turned the facilities, and that it was
[01:09:21.920 --> 01:09:22.920] deemed safe.
[01:09:22.920 --> 01:09:29.960] So basically, what I've told you so far is my criminal complaint with the district attorney's
[01:09:29.960 --> 01:09:32.200] office, you see what they've all done?
[01:09:32.200 --> 01:09:34.240] They've circled the wagons.
[01:09:34.240 --> 01:09:38.640] They had the county doctor go over there, deemed the place safe.
[01:09:38.640 --> 01:09:43.840] They've spent a total amount of money putting all these airmovers in there.
[01:09:43.840 --> 01:09:51.240] Oh, Ted, you have filed bar grievances and judiciconda complaints.
[01:09:51.240 --> 01:09:59.240] Have you ever filed a complaint with the American Medical Association against the doctor?
[01:09:59.240 --> 01:10:01.600] Oh, my goodness.
[01:10:01.600 --> 01:10:08.040] I have a friend who is a psychologist.
[01:10:08.040 --> 01:10:20.880] And he had a patient who was a sociopath, and the guy filed an absolutely ludicrous
[01:10:20.880 --> 01:10:29.400] complaint against him, and it took him three years, and he said, you will not believe what
[01:10:29.400 --> 01:10:33.080] I have to do to address this issue.
[01:10:33.080 --> 01:10:38.720] And they've already told me, they recognize he's a sociopath, and all of this is nonsense,
[01:10:38.720 --> 01:10:42.200] but we have to go through all of these steps anyway.
[01:10:42.200 --> 01:10:46.200] It costs him a fortune.
[01:10:46.200 --> 01:10:49.680] Doctors are more vulnerable than anybody.
[01:10:49.680 --> 01:10:54.320] They go drag this doctor in to get him to cover their behinds.
[01:10:54.320 --> 01:10:59.320] You land on this doctor, he is going to be one unhappy camper.
[01:10:59.320 --> 01:11:02.240] Okay, I'm sorry, go ahead.
[01:11:02.240 --> 01:11:06.520] Let me finish, and this all ties in now.
[01:11:06.520 --> 01:11:13.000] So I'm going to my primary care doctor, trying to get a letter, can't get an appointment
[01:11:13.000 --> 01:11:18.440] with him, so I got an appointment with another doctor in his clinic.
[01:11:18.440 --> 01:11:23.280] And this is the county system, okay, these are county doctors.
[01:11:23.280 --> 01:11:28.160] I got an appointment Tuesday afternoon with a woman doctor.
[01:11:28.160 --> 01:11:32.000] She did the appointment over the phone, which is pretty common right now.
[01:11:32.000 --> 01:11:39.920] She went through everything, she said she'd reviewed my medical history, and she was Indian,
[01:11:39.920 --> 01:11:45.400] and she said, absolutely, you cannot go to court, it is not safe.
[01:11:45.400 --> 01:11:49.040] And I said, well, I just, you know, can we, can you write a letter saying that for the
[01:11:49.040 --> 01:11:53.200] next 90 days, you know, it's a civil case, this is a civil case.
[01:11:53.200 --> 01:11:56.680] And she said, oh, no, and I thought, what, she's not going to write a letter, and then
[01:11:56.680 --> 01:12:01.120] she goes, no, you can't go for much more than 90 days.
[01:12:01.120 --> 01:12:03.560] This thing is not under control.
[01:12:03.560 --> 01:12:07.520] You could die from this, but I'm not your primary care doctor.
[01:12:07.520 --> 01:12:12.880] I'm going to write all this and send it to your primary care doctor for him to print
[01:12:12.880 --> 01:12:15.360] the letter and sign it and give it to you.
[01:12:15.360 --> 01:12:18.520] All right, well, nothing happened.
[01:12:18.520 --> 01:12:19.640] I don't hear nothing.
[01:12:19.640 --> 01:12:28.200] I also called, I'm calling down there, there's a coordinator within the office, he is talking
[01:12:28.200 --> 01:12:29.200] with me.
[01:12:29.200 --> 01:12:32.160] So, I know what's up, Randy.
[01:12:32.160 --> 01:12:41.480] So I went to the cardiologist yesterday, and the cardiologist has a secretary, he's associated
[01:12:41.480 --> 01:12:47.360] with Stanford, and she said she'd take care of it.
[01:12:47.360 --> 01:12:50.920] They got their letter written, and they got it to me at 1 p.m. today.
[01:12:50.920 --> 01:12:56.920] The deadline was to turn this letter in today for a hearing that's happening next Thursday.
[01:12:56.920 --> 01:12:59.040] They're making me jump through all kinds of hoops.
[01:12:59.040 --> 01:13:05.720] So then, finally, I raised hell and called the Indian doctor back and said that my primary
[01:13:05.720 --> 01:13:10.000] care doctor hadn't written the letter yet, and that she should write the letter, and
[01:13:10.000 --> 01:13:11.520] she says, well, I don't know.
[01:13:11.520 --> 01:13:17.040] I said, look, you saw me, you reviewed my record, and I want you to write the letter.
[01:13:17.040 --> 01:13:22.080] So she didn't, but she jumped on Dr. Wong, my primary care doctor.
[01:13:22.080 --> 01:13:26.800] He ultimately calls me, he tells me he's going to write a letter, but he's going to put it
[01:13:26.800 --> 01:13:33.120] in the letter that until the court makes things safe for people with health conditions like
[01:13:33.120 --> 01:13:41.000] me that I shouldn't go to court, or you see there's the out, and I said, Dr. Wong, Dr.
[01:13:41.000 --> 01:13:47.120] Wong, no, and he's like, he's like, he's scared, afraid of his judges and stuff.
[01:13:47.120 --> 01:13:55.880] And I said, Dr. Wong, you are licensed by the state, you are a medical doctor, your prescriptions
[01:13:55.880 --> 01:14:02.880] are above a judge, and this is a civil matter, there are cases being pushed out all the way
[01:14:02.880 --> 01:14:09.000] to January and February next year, and if you put that in the letter, then you are leaving
[01:14:09.000 --> 01:14:13.520] the barn door wide open for them to just deem that it's safe.
[01:14:13.520 --> 01:14:15.120] And I said, and who are they?
[01:14:15.120 --> 01:14:16.960] Are they infectious disease experts?
[01:14:16.960 --> 01:14:17.960] No.
[01:14:17.960 --> 01:14:22.680] And let me remind you, the last letter that was written and told that I couldn't go to
[01:14:22.680 --> 01:14:28.560] court because I was subject to sudden death, that the judge said that was vague, and so
[01:14:28.560 --> 01:14:34.000] I promptly was forced in the court and had a heart attack in the courtroom, had to leave
[01:14:34.000 --> 01:14:40.000] in an ambulance with blood pressure of 200 over 136, and I damn near died.
[01:14:40.000 --> 01:14:47.440] So they are not experts in this, and you are the expert as to my health condition, and
[01:14:47.440 --> 01:14:53.040] let me ask you, is this safe for me to go to the grocery store right now?
[01:14:53.040 --> 01:14:56.520] The answer is no, doctor, you know it's no.
[01:14:56.520 --> 01:15:03.440] And so I am telling you, I disagree with you writing that in the letter because you are
[01:15:03.440 --> 01:15:07.560] on the one hand writing a prescription, and on the other hand, you're leaving the barn
[01:15:07.560 --> 01:15:11.880] door wide open for them to say that it's safe.
[01:15:11.880 --> 01:15:16.880] And they said, we've got contradictions all over the place right now, and my life hangs
[01:15:16.880 --> 01:15:17.880] in the balance.
[01:15:17.880 --> 01:15:25.320] Well, he wrote it that way anyway, and then he also didn't get back to me until 10 minutes
[01:15:25.320 --> 01:15:28.240] before 4, they close at 4 p.m.
[01:15:28.240 --> 01:15:32.800] He had the assistant call me at 10 minutes before 4 and say the letter was ready.
[01:15:32.800 --> 01:15:34.720] Well, ain't my first rodeo.
[01:15:34.720 --> 01:15:40.200] I was sitting in the parking lot, and I intended on going right in anyway.
[01:15:40.200 --> 01:15:43.600] You know, understand they never wanted me to get the letter today.
[01:15:43.600 --> 01:15:45.840] They wanted me to miss the deadline.
[01:15:45.840 --> 01:15:50.180] Judge Fohlen is behind all of this, and this is what she does every time.
[01:15:50.180 --> 01:15:55.800] She runs me around in circles, jumps through hoops, runs me into the ground, okay?
[01:15:55.800 --> 01:16:02.880] So I have no time left, and I had my first heart attack after leaving her courtroom when
[01:16:02.880 --> 01:16:07.160] she took my house illegally, violated bankruptcy state.
[01:16:07.160 --> 01:16:10.080] Two hours later, I was in emergency surgery.
[01:16:10.080 --> 01:16:16.680] So the sight of her causes me all kinds of trauma.
[01:16:16.680 --> 01:16:22.120] When we come back on the other side, I want to talk about filing a complaint against your
[01:16:22.120 --> 01:16:28.600] primary care doctor with the American Medical Association.
[01:16:28.600 --> 01:16:34.000] That is likely to, that will certainly put the doctor on the dime.
[01:16:34.000 --> 01:16:39.560] Now if anything happens to you, he's likely to lose his license.
[01:16:39.560 --> 01:17:00.280] Moving on, Randy Kelton, the rule of our radio, we'll be right back.
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[01:17:59.240 --> 01:18:00.320] now.
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[01:19:30.560 --> 01:19:40.720] Okay, we are back, and did you say something ugly, Ted?
[01:19:40.720 --> 01:19:48.160] I forgot to mute you, so you came up live quickly.
[01:19:48.160 --> 01:19:49.680] Are you there, Ted?
[01:19:49.680 --> 01:19:50.680] Yes, sir.
[01:19:50.680 --> 01:19:52.480] Okay, good.
[01:19:52.480 --> 01:19:59.920] Recently, a couple weeks ago, we had an issue with the system, and they could hear us on
[01:19:59.920 --> 01:20:06.960] the break, and Scott, who calls in all the time, we had been talking to him, and on the
[01:20:06.960 --> 01:20:10.600] break, I was joking with Brett, and I said, Brett, we need to get rid of Scott.
[01:20:10.600 --> 01:20:18.040] When we come back in, I need you to blow him off, and that went out on the air.
[01:20:18.040 --> 01:20:19.040] Oops.
[01:20:19.040 --> 01:20:24.000] But Scott took it real well.
[01:20:24.000 --> 01:20:26.880] Okay, go ahead, Ted.
[01:20:26.880 --> 01:20:30.240] We're not going to blow you off.
[01:20:30.240 --> 01:20:39.080] No, you know, again, I talked pretty fast, and I said what I had to say, all for, you
[01:20:39.080 --> 01:20:46.600] know, I like the doctor, but look, what I just described and tried to do quickly, they're
[01:20:46.600 --> 01:20:47.600] all in on it.
[01:20:47.600 --> 01:20:51.240] They've obviously gotten to this doctor.
[01:20:51.240 --> 01:20:52.240] And that's what you...
[01:20:52.240 --> 01:20:54.160] The doctor needs this.
[01:20:54.160 --> 01:20:57.280] The doctor needs plausible deniability.
[01:20:57.280 --> 01:21:06.040] I guarantee the doctor wants to do the right thing, and he feels pressured by these guys.
[01:21:06.040 --> 01:21:15.480] So if you apply more pressure than they can apply, now the doctor has plausible deniability,
[01:21:15.480 --> 01:21:17.440] and he can come back and do the right thing.
[01:21:17.440 --> 01:21:22.960] So if three or four months from now, you die of a heart attack.
[01:21:22.960 --> 01:21:30.280] He doesn't spend the rest of his life saying, I was a political coward, and because I was
[01:21:30.280 --> 01:21:34.200] a political coward, I lost one of my patients.
[01:21:34.200 --> 01:21:37.920] Okay, you have to kick him in the tush.
[01:21:37.920 --> 01:21:43.720] And you know, my grandkids, sometimes they run out in the road.
[01:21:43.720 --> 01:21:50.040] I don't want to do them any harm, but sometimes I have to smack their behinds.
[01:21:50.040 --> 01:21:54.960] I suspect if you...
[01:21:54.960 --> 01:22:03.400] Maybe not do a complaint against him, might try making an inquiry to the American Medical
[01:22:03.400 --> 01:22:06.000] Association.
[01:22:06.000 --> 01:22:07.000] Talk to the ambulance.
[01:22:07.000 --> 01:22:08.240] I got this doctor here.
[01:22:08.240 --> 01:22:16.720] I think he's being unduly influenced by the courts, and my life is at risk.
[01:22:16.720 --> 01:22:23.800] And don't actually file a complaint, but talk to the American Medical Association, and almost
[01:22:23.800 --> 01:22:29.840] certainly they're going to tell you, we'll talk to him and see what's going on.
[01:22:29.840 --> 01:22:34.400] And they'll get a hold of him and say, this guy's talking to us, and he's fixing to land
[01:22:34.400 --> 01:22:40.160] on you like a ton of bricks if you don't do the right thing.
[01:22:40.160 --> 01:22:45.600] And then because you didn't actually file a complaint against him, he gets the opportunity
[01:22:45.600 --> 01:22:53.440] to say to the court, look guys, you may be shaking your fist at me, but I'm more afraid
[01:22:53.440 --> 01:22:58.120] of the American Medical Association than I am of you.
[01:22:58.120 --> 01:23:02.840] And then he gets to do the right thing if you're good about himself.
[01:23:02.840 --> 01:23:04.240] That's perfect.
[01:23:04.240 --> 01:23:10.840] So Randy, I just sent you an email with the two doctor letters attached.
[01:23:10.840 --> 01:23:20.280] I sent the cardiologist letter immediately at 1 PM today to the coordinator of the court.
[01:23:20.280 --> 01:23:22.720] If you get a chance, can you look at both letters?
[01:23:22.720 --> 01:23:28.520] I don't know that I want to send the second letter because of what he put.
[01:23:28.520 --> 01:23:29.520] And then that's all I have.
[01:23:29.520 --> 01:23:32.320] I want you to get on to your other people tonight.
[01:23:32.320 --> 01:23:33.320] Okay.
[01:23:33.320 --> 01:23:39.680] Yeah, email those to me, and I won't look at them till in the morning.
[01:23:39.680 --> 01:23:43.360] That way, if I look at them tonight, then they won't be highlighted in the morning and
[01:23:43.360 --> 01:23:48.960] I'll probably have 50 emails on top of it, so I'll look at it in the morning.
[01:23:48.960 --> 01:23:49.960] Okay.
[01:23:49.960 --> 01:23:50.960] Sounds good.
[01:23:50.960 --> 01:23:51.960] Okay.
[01:23:51.960 --> 01:23:55.520] Keep it up, Ted.
[01:23:55.520 --> 01:23:59.240] This good chance, this is what's keeping you going.
[01:23:59.240 --> 01:24:02.240] Keep your blood pumping.
[01:24:02.240 --> 01:24:06.120] And I always appreciate you coming on the show.
[01:24:06.120 --> 01:24:08.680] And you know how much I appreciate you.
[01:24:08.680 --> 01:24:09.960] So thank you very much.
[01:24:09.960 --> 01:24:10.960] Okay.
[01:24:10.960 --> 01:24:11.960] Thank you, Ted.
[01:24:11.960 --> 01:24:12.960] Okay.
[01:24:12.960 --> 01:24:14.680] Now we're going to Ronald in Oregon.
[01:24:14.680 --> 01:24:16.480] Hello, Ronald.
[01:24:16.480 --> 01:24:18.360] What do you have for us today?
[01:24:18.360 --> 01:24:22.960] Well, I'd just like to ask you a couple of questions.
[01:24:22.960 --> 01:24:23.960] Okay.
[01:24:23.960 --> 01:24:31.520] I ain't got the black side, but what does it say that he's getting in and what?
[01:24:31.520 --> 01:24:32.520] Wait a minute.
[01:24:32.520 --> 01:24:33.520] Hold on.
[01:24:33.520 --> 01:24:34.520] Hold on.
[01:24:34.520 --> 01:24:35.520] I've got a whole lot of background noise.
[01:24:35.520 --> 01:24:39.880] And move the mic a little bit away from your mouth.
[01:24:39.880 --> 01:24:43.480] It's overpowering the mic and I'm getting distortion.
[01:24:43.480 --> 01:24:44.480] Okay.
[01:24:44.480 --> 01:24:48.080] Let's prosa and let it get new.
[01:24:48.080 --> 01:24:50.480] Prosa, what's that mean?
[01:24:50.480 --> 01:24:53.440] I'm still having trouble.
[01:24:53.440 --> 01:24:57.240] You're distorting out and I'm having trouble understanding you.
[01:24:57.240 --> 01:25:00.120] What prosa means?
[01:25:00.120 --> 01:25:05.120] Prosa means without a lawyer.
[01:25:05.120 --> 01:25:06.880] Is that all it means?
[01:25:06.880 --> 01:25:10.760] That's all it means that you're representing yourself.
[01:25:10.760 --> 01:25:17.080] These patriot mythologists, they got all kind of different variations on that, but all that
[01:25:17.080 --> 01:25:18.560] means is I don't have a lawyer.
[01:25:18.560 --> 01:25:19.720] I'm representing myself.
[01:25:19.720 --> 01:25:22.480] I don't have a lawyer representing me.
[01:25:22.480 --> 01:25:23.480] Okay.
[01:25:23.480 --> 01:25:24.480] Okay.
[01:25:24.480 --> 01:25:28.240] One thing that, and then that brings something up.
[01:25:28.240 --> 01:25:35.160] I get a lot of guys calling in and they take words apart.
[01:25:35.160 --> 01:25:38.960] There was a guy in Australia, I'm trying to remember his name.
[01:25:38.960 --> 01:25:46.000] He made up a whole new language and we get a lot of guys following him.
[01:25:46.000 --> 01:25:49.680] I'll think of his name in a minute.
[01:25:49.680 --> 01:25:54.920] They want to look at words and say, you know, Aladas, have you ever heard of him?
[01:25:54.920 --> 01:25:58.440] Oh, Aladas, God.
[01:25:58.440 --> 01:25:59.440] Okay.
[01:25:59.440 --> 01:26:10.720] Well, Aladas said, this word in the 1600s met this and they use this word in 2000.
[01:26:10.720 --> 01:26:20.560] And because the portion of this word is brought forward from the word used 200 years ago,
[01:26:20.560 --> 01:26:26.680] therefore this word means this, but this is nonsense.
[01:26:26.680 --> 01:26:34.800] They're trying to, you know, prosape, what is the other one, there's several different
[01:26:34.800 --> 01:26:40.880] variations of that and they're trying to claim that these words have some magical meanings.
[01:26:40.880 --> 01:26:46.640] Well, how about the word person then, what's the word person mean?
[01:26:46.640 --> 01:26:52.040] Person means, it depends on where you look, if you look at Webster's in the common tongue,
[01:26:52.040 --> 01:26:54.360] it means a living, breathing human being.
[01:26:54.360 --> 01:27:02.880] But if you look in legalese, in Black's law or, I forget the one from that the Supreme
[01:27:02.880 --> 01:27:10.680] Court uses, then it means either a living, breathing human being or a legal fiction,
[01:27:10.680 --> 01:27:22.600] a corporation, an LLC, a company, because an LLC or a corporation has certain rights
[01:27:22.600 --> 01:27:31.560] and they call it a person for the purpose of indicating that it has standing to assert
[01:27:31.560 --> 01:27:34.680] certain rights.
[01:27:34.680 --> 01:27:40.360] And that's what I addressed earlier when I said they use legalese in court.
[01:27:40.360 --> 01:27:44.720] They don't speak English and you really have to be careful.
[01:27:44.720 --> 01:27:49.280] We are working on a legal lexicon.
[01:27:49.280 --> 01:27:57.080] We're building an AI engine that we've already downloaded the complete federal status and
[01:27:57.080 --> 01:28:05.440] in all of the federal statutes, there are just over 50,000 words used.
[01:28:05.440 --> 01:28:13.320] Now we're building some algorithms to go into all of the codes and look for those strings
[01:28:13.320 --> 01:28:19.160] of verbiage that indicate a special meaning.
[01:28:19.160 --> 01:28:29.640] For instance, in this statute, blank means.
[01:28:29.640 --> 01:28:37.480] That tells us that there is a special definition for whatever occurs in blank.
[01:28:37.480 --> 01:28:43.520] So we have the algorithm look through the entire code and look for every instance where
[01:28:43.520 --> 01:28:45.120] that comes up.
[01:28:45.120 --> 01:28:51.840] And then it sets that word and wait, you're getting a tremendous amount of background
[01:28:51.840 --> 01:28:52.840] noise.
[01:28:52.840 --> 01:28:55.120] He wants to come out on the street.
[01:28:55.120 --> 01:28:59.400] Yeah, if you're on the street.
[01:28:59.400 --> 01:29:06.360] Everything comes through a mic much, much louder than your voice.
[01:29:06.360 --> 01:29:10.000] That's the bane to all sound engineers.
[01:29:10.000 --> 01:29:14.880] If you drop a pin, it comes through the mic better than the human voice does.
[01:29:14.880 --> 01:29:16.360] Okay, that's better.
[01:29:16.360 --> 01:29:23.720] Try not to move around or scrub the mic because it really comes through your mouth.
[01:29:23.720 --> 01:29:32.160] Anyway, now I lost my place to talk about algorithm to talk about algorithm.
[01:29:32.160 --> 01:29:33.320] Yeah, I don't care the algorithm.
[01:29:33.320 --> 01:29:34.320] That's right.
[01:29:34.320 --> 01:29:42.560] Yeah, we're running it on the code and everywhere we can find a string of verbiage that indicates
[01:29:42.560 --> 01:29:49.200] that there is a definition for a term in a specific location.
[01:29:49.200 --> 01:29:54.840] Then we would take the entire code and where there's a special definition, we'll highlight
[01:29:54.840 --> 01:30:00.200] that term and change the colors slightly.
[01:30:00.200 --> 01:30:04.840] A top cybersecurity expert has a warning for America.
[01:30:04.840 --> 01:30:10.520] If you build an electrical smart grid, the hackers will come and they could cause a catastrophic
[01:30:10.520 --> 01:30:11.520] blackout.
[01:30:11.520 --> 01:30:16.360] I'm Dr. Catherine Albrecht back with the shocking details in a moment.
[01:30:16.360 --> 01:30:18.080] Privacy is under attack.
[01:30:18.080 --> 01:30:21.720] When you give up data about yourself, you'll never get it back again.
[01:30:21.720 --> 01:30:26.720] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.720 --> 01:30:28.240] So protect your rights.
[01:30:28.240 --> 01:30:31.800] Say no to surveillance and keep your information to yourself.
[01:30:31.800 --> 01:30:34.480] Privacy, it's worth hanging on to.
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[01:30:45.920 --> 01:30:50.040] Experts love power, so it's only natural they'd want to control the power going into your
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[01:30:52.440 --> 01:30:56.640] So they're installing a national network of smart meters to remotely monitor electric
[01:30:56.640 --> 01:30:59.760] use for efficiency and avoid grid failure.
[01:30:59.760 --> 01:31:04.480] But cybersecurity expert David Chalk says not so fast if we make the national power
[01:31:04.480 --> 01:31:08.720] grid controllable through the web, hackers will have a field day.
[01:31:08.720 --> 01:31:13.560] Working remotely, they could tap in and black out the entire nation, leaving us vulnerable
[01:31:13.560 --> 01:31:14.560] to our enemies.
[01:31:14.560 --> 01:31:19.000] I'd want to oppose smart meters for privacy and health reasons.
[01:31:19.000 --> 01:31:21.400] The catastrophic failures caused by hackers?
[01:31:21.400 --> 01:31:23.560] There's nothing smart about that.
[01:31:23.560 --> 01:31:31.520] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.520 --> 01:31:36.880] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.880 --> 01:31:39.040] The government says that fire brought it down.
[01:31:39.040 --> 01:31:43.960] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.960 --> 01:31:46.520] Over 6,000 of my fellow service members have given their lives.
[01:31:46.520 --> 01:31:49.360] But thousands of my fellow force respond to supply.
[01:31:49.360 --> 01:31:50.840] I'm not a conspiracy theorist.
[01:31:50.840 --> 01:31:51.840] I'm a structural engineer.
[01:31:51.840 --> 01:31:53.240] I'm a New York City correctional officer.
[01:31:53.240 --> 01:31:54.240] I'm an Air Force pilot.
[01:31:54.240 --> 01:31:55.240] I'm a father.
[01:31:55.240 --> 01:31:56.240] We lost his son.
[01:31:56.240 --> 01:31:57.240] We are Americans.
[01:31:57.240 --> 01:31:58.480] And we deserve the truth.
[01:31:58.480 --> 01:32:01.400] Go to RememberBuilding7.org today.
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[01:33:25.560 --> 01:33:32.560] Okay, we are back.
[01:33:32.560 --> 01:33:38.640] Randy Kelton, Rule of Law Radio, and we're talking to Ronald in Oregon, and I was talking
[01:33:38.640 --> 01:33:41.920] about a legal lexicon.
[01:33:41.920 --> 01:33:47.640] This is a big problem in law, is the meaning of terms.
[01:33:47.640 --> 01:33:56.760] You have terms that have very clear meanings in the common tongue, but in legalese, they
[01:33:56.760 --> 01:34:00.320] can have totally different meanings.
[01:34:00.320 --> 01:34:05.480] Vehicle, vehicle, vehicle is very, very specific.
[01:34:05.480 --> 01:34:13.600] It doesn't mean what you tend to think it does, and so we're building this legal lexicon.
[01:34:13.600 --> 01:34:22.760] We're trying to teach an AI engine to look at all of these terms and find strings of
[01:34:22.760 --> 01:34:30.960] verbiage that indicate that there will be a special definition of this word, and then
[01:34:30.960 --> 01:34:34.960] we'll highlight the word and set a tooltip to it.
[01:34:34.960 --> 01:34:39.960] And a tooltip, when you do a mouseover, it pops this box up.
[01:34:39.960 --> 01:34:41.800] That will give the definitions.
[01:34:41.800 --> 01:34:45.560] The various definitions of the term.
[01:34:45.560 --> 01:34:52.200] If we have a term like person, person is going to be defined in a lot of places.
[01:34:52.200 --> 01:35:01.080] So the first definition that shows will be the definition in this specific context, and
[01:35:01.080 --> 01:35:08.080] then under that, there will be other definitions, lawyers or word crafters.
[01:35:08.080 --> 01:35:15.480] And they love to play with words, so they can use person three times in the same paragraph,
[01:35:15.480 --> 01:35:24.600] and each time based on the context of the usage, it can imply a different meaning.
[01:35:24.600 --> 01:35:25.600] This is what lawyers do.
[01:35:25.600 --> 01:35:30.160] If you say anything to a lawyer, you file a motion or a pleading, it is the lawyer's
[01:35:30.160 --> 01:35:36.280] job to misinterpret it and twist it.
[01:35:36.280 --> 01:35:42.800] So we're trying to develop a tool that will give very specific definitions.
[01:35:42.800 --> 01:35:52.480] And then when the lawyer files a document, files a motion or a pleading, I'm sorry, I'm
[01:35:52.480 --> 01:35:59.560] keeping you muted, Ronald, because you have so much background noise, when a lawyer files
[01:35:59.560 --> 01:36:04.320] a motion or a pleading, we'll run our legal lexicon on it.
[01:36:04.320 --> 01:36:11.800] So it will define, it will look up definitions for all the terms, and then we will file a
[01:36:11.800 --> 01:36:20.520] rebuttal to the motion and ask the lawyer to specifically define each term that has
[01:36:20.520 --> 01:36:21.960] multiple definitions.
[01:36:21.960 --> 01:36:26.040] We'll put a stop to this crapola.
[01:36:26.040 --> 01:36:32.400] Okay, was that what you were referring to when you asked about person?
[01:36:32.400 --> 01:36:43.680] Yeah, so information or indictment, can we summon it into the tribunal or court, as
[01:36:43.680 --> 01:36:45.000] some people might say?
[01:36:45.000 --> 01:36:46.000] Are there summoning...
[01:36:46.000 --> 01:36:51.880] Okay, okay, let me speak to information indictment.
[01:36:51.880 --> 01:37:01.960] And information does not mean that we're providing information like with the definition
[01:37:01.960 --> 01:37:05.240] of information in the common tongue.
[01:37:05.240 --> 01:37:12.600] In this case, information means a very specific document.
[01:37:12.600 --> 01:37:19.320] It is intended that private citizens file criminal complaints.
[01:37:19.320 --> 01:37:28.160] So it is not expected that the criminal complaint filed by a non-lawyer will be regular as to
[01:37:28.160 --> 01:37:30.800] the standing law.
[01:37:30.800 --> 01:37:38.400] So when a prosecutor gets a complaint, the first thing he has to do is to take that complaint
[01:37:38.400 --> 01:37:47.000] and rewrite it so that the complaint is in strict compliance with standing law.
[01:37:47.000 --> 01:37:50.440] And when he does that, that's called an information.
[01:37:50.440 --> 01:37:54.400] Okay, what was the other term?
[01:37:54.400 --> 01:38:00.080] I'm having a little difficulty because I did that hour and a half dissertation and
[01:38:00.080 --> 01:38:08.120] it kind of irritated my throat so I didn't have any cough medicine so I made up some.
[01:38:08.120 --> 01:38:14.360] You need a honey for cough medicine and the best way to carry the honey is in alcohol.
[01:38:14.360 --> 01:38:23.440] Was I supposed to put one drop of honey and two shots of scotch or should I have used
[01:38:23.440 --> 01:38:24.440] more honey?
[01:38:24.440 --> 01:38:31.440] Well, you might wait till after you showed you through the scotch.
[01:38:31.440 --> 01:38:32.440] Okay.
[01:38:32.440 --> 01:38:33.440] Okay.
[01:38:33.440 --> 01:38:34.440] Okay.
[01:38:34.440 --> 01:38:35.440] Okay.
[01:38:35.440 --> 01:38:36.440] Information.
[01:38:36.440 --> 01:38:37.440] Oh, indictment.
[01:38:37.440 --> 01:38:38.440] Indictment is clear.
[01:38:38.440 --> 01:38:44.440] I think indictment only has one meaning so I don't have to define that one.
[01:38:44.440 --> 01:38:45.440] Okay.
[01:38:45.440 --> 01:38:46.440] Go ahead, Ronald.
[01:38:46.440 --> 01:38:48.440] I'm going to interrupt you again.
[01:38:48.440 --> 01:38:54.440] Okay, so the person then, I mean, I like to use the word tribunals.
[01:38:54.440 --> 01:38:55.440] Okay.
[01:38:55.440 --> 01:38:59.440] Tribunals, otherwise known as court rules.
[01:38:59.440 --> 01:39:08.440] Are they bringing in one through the person, the ends legis, as you said, the legal fiction,
[01:39:08.440 --> 01:39:10.440] or are they bringing in one?
[01:39:10.440 --> 01:39:11.440] Okay.
[01:39:11.440 --> 01:39:14.760] Person is not necessarily problematic.
[01:39:14.760 --> 01:39:25.960] If person is, the term person is applying to, applied in a criminal case, person will
[01:39:25.960 --> 01:39:32.520] always mean the accused, which is a living, breathing, human being, but in a civil case,
[01:39:32.520 --> 01:39:40.440] like plaintiff or defendant, can be a person, but that person doesn't necessarily have to
[01:39:40.440 --> 01:39:45.440] be a living, breathing, human being.
[01:39:45.440 --> 01:39:48.440] Well, in the government's style, man, the list says anything that's in all capital letters,
[01:39:48.440 --> 01:39:54.600] last name first, first name last, is described as the debtor.
[01:39:54.600 --> 01:39:57.840] The capital letters mean nothing.
[01:39:57.840 --> 01:40:02.920] When I came back from Vietnam, I went to work for Teletype.
[01:40:02.920 --> 01:40:08.760] We were trying to develop the first PC.
[01:40:08.760 --> 01:40:12.760] Were you familiar with the old Teletype machines?
[01:40:12.760 --> 01:40:20.320] Well, are you familiar with the language of Latin and then in its version known as dog
[01:40:20.320 --> 01:40:21.320] mapping?
[01:40:21.320 --> 01:40:26.840] No, no, no, no, wait, wait, I'm going to something about capital letters.
[01:40:26.840 --> 01:40:32.400] The Teletype machines only used capital letters.
[01:40:32.400 --> 01:40:35.920] They didn't have lowercase.
[01:40:35.920 --> 01:40:48.520] And that's where all these capitals originated, because in the 40s to 60s, the primary form
[01:40:48.520 --> 01:40:52.600] of written communication was it was Teletype machines.
[01:40:52.600 --> 01:40:57.800] Everybody sent all their information, they didn't have faxes, they didn't have email.
[01:40:57.800 --> 01:41:02.160] They used Teletype machines, and Teletypes only had uppercase.
[01:41:02.160 --> 01:41:08.360] So we got all this stuff with uppercase on it, and then we had all these Patriot mythologists
[01:41:08.360 --> 01:41:11.600] trying to get uppercase to mean something.
[01:41:11.600 --> 01:41:17.400] I've been doing this show a long time, and I keep asking these guys, show me something
[01:41:17.400 --> 01:41:26.960] other than wild speculation that all caps mean something, because I have this rule.
[01:41:26.960 --> 01:41:33.520] Never make a proactive statement of law out of your own mouth.
[01:41:33.520 --> 01:41:37.640] Oh, well, this is how it is, this is how it's supposed to be.
[01:41:37.640 --> 01:41:39.440] No, no, no, don't tell me that.
[01:41:39.440 --> 01:41:45.280] Tell me the law, tell me the case law, tell me the statute that establishes that I've
[01:41:45.280 --> 01:41:49.280] never got any.
[01:41:49.280 --> 01:41:51.280] All I get is speculation.
[01:41:51.280 --> 01:42:01.160] Okay, well, it's man, and I don't like that word either, but is Randy of the Kelton Clan
[01:42:01.160 --> 01:42:07.280] to be regulated by statutes, regulations, rules, and ordinances?
[01:42:07.280 --> 01:42:08.280] Absolutely.
[01:42:08.280 --> 01:42:10.280] Absolutely, what is this?
[01:42:10.280 --> 01:42:12.280] Yeah, I'm a creature of statute.
[01:42:12.280 --> 01:42:15.280] The rules are the regulations or the ordinances.
[01:42:15.280 --> 01:42:17.280] What is it described?
[01:42:17.280 --> 01:42:20.280] Okay, ordinances, that's a different issue.
[01:42:20.280 --> 01:42:21.280] Huh?
[01:42:21.280 --> 01:42:31.280] Okay, rules, regulations, ordinances, those are different than statutes.
[01:42:31.280 --> 01:42:32.280] Whose rules?
[01:42:32.280 --> 01:42:46.200] There's a lot of, you know, if the rule is issued by an agency that is tasked with addressing
[01:42:46.200 --> 01:42:56.880] a specific type of industry or type of issue, like the SEC, Exchange Commission.
[01:42:56.880 --> 01:43:08.920] Exchange Commission rules absolutely take precedent over the statutes issued filed by the legislature.
[01:43:08.920 --> 01:43:20.440] The courts have said that the agency's task with addressing a specific area of complex
[01:43:20.440 --> 01:43:27.200] knowledge has more focused information on that area.
[01:43:27.200 --> 01:43:36.800] So when the agency makes a determination based on their rules, a district court who is of
[01:43:36.800 --> 01:43:45.680] more general knowledge may not overrule the more specialized agency.
[01:43:45.680 --> 01:43:52.120] That should sound scary, hang on, we'll talk to that when we come back.
[01:43:52.120 --> 01:44:00.680] Randy Kelton, Rule Law Radio, we'll be right back.
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[01:46:24.520 --> 01:46:33.520] Okay, we are back.
[01:46:33.520 --> 01:46:38.520] Randy Kelton, rule of law radio, and we're talking to Ronald in Oregon.
[01:46:38.520 --> 01:46:39.520] Hello, Ronald.
[01:46:39.520 --> 01:46:41.520] Okay, did you have anything else for us?
[01:46:41.520 --> 01:46:42.520] We're at the last segment.
[01:46:42.520 --> 01:46:45.520] I've got two more callers.
[01:46:45.520 --> 01:46:50.520] Ronald, are you there?
[01:46:50.520 --> 01:46:52.520] Seems like we've lost Ronald.
[01:46:52.520 --> 01:46:55.520] Okay, I'm going to go to Robert in California.
[01:46:55.520 --> 01:46:57.520] Hello, Robert.
[01:46:57.520 --> 01:46:59.520] Hello, hello.
[01:46:59.520 --> 01:47:02.520] What do you have for us today?
[01:47:02.520 --> 01:47:16.520] Well, I'm interested in finding out how you would deal with a commissioner who is acting
[01:47:16.520 --> 01:47:22.520] as the prosecutor and the judge.
[01:47:22.520 --> 01:47:39.520] Okay, you're in California and you're in an infraction and a commissioner can rule over an infraction.
[01:47:39.520 --> 01:47:41.520] Am I correct there?
[01:47:41.520 --> 01:47:45.520] No, it's a misdemeanor.
[01:47:45.520 --> 01:47:51.520] Misdemeanor punishable by imprisonment or by fine-on-list?
[01:47:51.520 --> 01:47:54.520] By jail time.
[01:47:54.520 --> 01:47:56.520] Oh.
[01:47:56.520 --> 01:48:03.520] So, okay, what is this commissioner?
[01:48:03.520 --> 01:48:09.520] This is a definition, a position I haven't heard of before.
[01:48:09.520 --> 01:48:22.520] Normally, a criminal accusation punishable by imprisonment must be ruled over by a member of the judiciary.
[01:48:22.520 --> 01:48:25.520] Is this guy a member of the judiciary?
[01:48:25.520 --> 01:48:41.520] It's a woman and she's, when I asked her if she was a sworn officer, a judicial officer, she pulled at her sleeve on her black robe and said,
[01:48:41.520 --> 01:48:44.520] do you see this robe?
[01:48:44.520 --> 01:48:46.520] Yeah, I got one of those.
[01:48:46.520 --> 01:48:54.520] I had a friend, Robert Fox, who used to wear his robe in the court.
[01:48:54.520 --> 01:49:05.520] But she, yes, it's a misdemeanor and it's punishable by jail time and a fine.
[01:49:05.520 --> 01:49:16.520] And when I asked her where the complaint was at that's never been filed,
[01:49:16.520 --> 01:49:24.520] she said, well, I've got a ticket that she's using as a charging instrument.
[01:49:24.520 --> 01:49:30.520] And it's been altered from the officer.
[01:49:30.520 --> 01:49:35.520] The original ticket and the ticket she presented to me in court.
[01:49:35.520 --> 01:49:49.520] The court altered it from the officer and marked that it was an infraction and the court changed it to a misdemeanor.
[01:49:49.520 --> 01:49:58.520] And she didn't like the idea when I asked her if what the nature was, if it was criminal or civil.
[01:49:58.520 --> 01:50:10.520] And after glaring at me for five, several minutes under her breast said criminal.
[01:50:10.520 --> 01:50:19.520] And every time I go to the clerks window to file anything, the clerks keep saying, we don't take anything.
[01:50:19.520 --> 01:50:22.520] This is all infractions.
[01:50:22.520 --> 01:50:29.520] I'm not sure what's going on here.
[01:50:29.520 --> 01:50:33.520] Then it's time to file a motion for clarification.
[01:50:33.520 --> 01:50:37.520] And, you know, you're from even California.
[01:50:37.520 --> 01:50:41.520] I've never heard of all the time I've been doing the show.
[01:50:41.520 --> 01:50:53.520] I've never heard of anything other than a county judge addressing a misdemeanor punishable by imprisonment.
[01:50:53.520 --> 01:50:57.520] Well, she is a commissioner.
[01:50:57.520 --> 01:50:59.520] Is she elected?
[01:50:59.520 --> 01:51:04.520] No, no.
[01:51:04.520 --> 01:51:12.520] Okay, this goes to some variances in the code I am not familiar with.
[01:51:12.520 --> 01:51:21.520] How does this person, is this woman a bar card carrying attorney?
[01:51:21.520 --> 01:51:24.520] Yes.
[01:51:24.520 --> 01:51:35.520] When I went to the judicial council and there are rules that says that you have to complain to her to the presiding judge first.
[01:51:35.520 --> 01:51:50.520] And I complained to the presiding judge and today I got a letter back saying that the commissioner had come to him with her bar grievance.
[01:51:50.520 --> 01:52:06.520] And they discussed it and he, between what I sent him and what she presented to him said that she didn't do anything wrong.
[01:52:06.520 --> 01:52:19.520] You know, because I have to get the findings from the presiding judge before I can take the complaint to the judicial council.
[01:52:19.520 --> 01:52:28.520] Okay, this is kind of confusing to me because this is not something I've come across before.
[01:52:28.520 --> 01:52:34.520] How is the commissioner different than a county judge?
[01:52:34.520 --> 01:52:41.520] It's in the superior court, but I almost all the courts are that way here.
[01:52:41.520 --> 01:52:58.520] She's like a lawyer that just, like you said, sees over infractions because every one of the clerks, when I went to the criminal counter to put in my motions,
[01:52:58.520 --> 01:53:05.520] she said, oh, I can't take this. This is traffic. It's an infraction. You have to go over there.
[01:53:05.520 --> 01:53:11.520] I went to the other window and they said, oh, no, you have to get the judge to approve these.
[01:53:11.520 --> 01:53:20.520] Then when I went into the clerk in the courtroom, she said, oh, no, you have to go outside to put those in.
[01:53:20.520 --> 01:53:36.520] Then when I went outside, again, back to the window out in front, this is where the head clerk finally pulled his date down to get rid of me.
[01:53:36.520 --> 01:53:50.520] Oh, that's when I called 911. That's when it gets fun. Are you familiar with the chicken dance?
[01:53:50.520 --> 01:53:53.520] Yes, I am.
[01:53:53.520 --> 01:53:56.520] I love to watch the chicken dance.
[01:53:56.520 --> 01:54:00.520] So I want to see someone else.
[01:54:00.520 --> 01:54:16.520] That's it, what you call 911. Because 911 is recorded and is required to be retained, that goes on the record and they can't get rid of it.
[01:54:16.520 --> 01:54:24.520] So when the officer shows up for you, 911 complaint, now he's on the legal dime.
[01:54:24.520 --> 01:54:34.520] He's the one that will start doing this little chicken dance because he's trying to protect all his buddies.
[01:54:34.520 --> 01:54:39.520] And this is a part when I did my presentation earlier, I didn't have time to get to it.
[01:54:39.520 --> 01:54:44.520] I may try to get to it next week about running the routine.
[01:54:44.520 --> 01:54:48.520] This opens the door for the routine on it.
[01:54:48.520 --> 01:54:56.520] But this is complex. I'm not understanding all the details.
[01:54:56.520 --> 01:55:06.520] What is a commissioner? What law authorizes a commissioner? What jurisdiction do they have?
[01:55:06.520 --> 01:55:10.520] And what are the limitations on that jurisdiction?
[01:55:10.520 --> 01:55:27.520] I'll look into that. I know that she doesn't want, when I tell her I'm challenging the jurisdiction of the proceeding, that she has to address that back to me.
[01:55:27.520 --> 01:55:34.520] Oh, I'm sorry, you broke up there. Are you saying you challenged jurisdiction and she did not address it?
[01:55:34.520 --> 01:55:43.520] Right. I challenged the jurisdiction of the proceedings and she just went on like I didn't say a word.
[01:55:43.520 --> 01:55:46.520] Did you ask the plaintiff to arrest her?
[01:55:46.520 --> 01:55:48.520] No.
[01:55:48.520 --> 01:55:52.520] You got to try that at least once.
[01:55:52.520 --> 01:56:05.520] Well, I was feeling it might be more than once because if looks could kill, and I thought that when you bar grieved them, they couldn't discuss that with anyone.
[01:56:05.520 --> 01:56:06.520] That was something.
[01:56:06.520 --> 01:56:14.520] Absolutely not. At least not in Texas, Oklahoma, Tennessee, all the states I've looked at.
[01:56:14.520 --> 01:56:22.520] I don't remember looking at that in California, but I think that is absolutely forbidden.
[01:56:22.520 --> 01:56:34.520] Oh, wait, wait, wait. She didn't discuss it with you. She discussed it with, did she discuss it with someone that had anything to do with the court proceedings?
[01:56:34.520 --> 01:56:40.520] No, just someone that I had sent a complaint to about her.
[01:56:40.520 --> 01:56:53.520] Oh, OK, then that probably doesn't make any difference. What that prohibition is for is to keep the lawyer from coming back to you and say, hey, what's your file is against me for?
[01:56:53.520 --> 01:56:58.520] If you do that again, I'm going to throw you under the bus.
[01:56:58.520 --> 01:57:13.520] So what the courts and what the associations have said, when someone files a complaint against you, you're not to address them because of the potential for intimidating them.
[01:57:13.520 --> 01:57:20.520] If you have any issues, you bring it to us. And if we need to address them, we will do it.
[01:57:20.520 --> 01:57:29.520] But if she talked to a third party that had nothing to do with you or with the tribunal, it probably doesn't make any difference.
[01:57:29.520 --> 01:57:31.520] OK.
[01:57:31.520 --> 01:57:44.520] But you could raise a complaint anyway and let them rule that the complaint is not well founded. Who cares? Complaint stays on the record anyway.
[01:57:44.520 --> 01:57:53.520] OK. And then I heard you talking to the probable cause hearing.
[01:57:53.520 --> 01:58:02.520] When they're like, just for instance, in this case, there that I was just talking about, there is no complaint.
[01:58:02.520 --> 01:58:12.520] There's a ticket that's been altered and there is no probable cause hearing, but yet it's a criminal case.
[01:58:12.520 --> 01:58:21.520] That should get Gerstein Pew, City of Riverside v. McLaughlin.
[01:58:21.520 --> 01:58:33.520] That's a California case. Go to juristimprudence.website and click on my behaviorist corpus document and go through that.
[01:58:33.520 --> 01:58:35.520] OK. All right.
[01:58:35.520 --> 01:58:38.520] That'll give you what you need on that. We are out of time.
[01:58:38.520 --> 01:58:44.520] Thank you all for listening and good night.
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