ROL_2020-12-18_16k_Hr3-4.timecode

[00:00.000 --> 00:06.800]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.800 --> 00:13.440]  Markets for Monday the 22nd of July 2019 Open with Precious Metals, Gold $1,429.00, Silver
[00:13.440 --> 00:24.200]  $16.45.00, Copper $2.75.00, Oil, Texas Crew $55.63.00, Brent Crew $62.47.00, and Cryptos
[00:24.200 --> 00:34.800]  and Order of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, White
[00:34.800 --> 00:42.560]  Coin $100.31, and Bitcoin Cash is at $324.10 of Crypto Coin.
[00:42.560 --> 00:52.480]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.480 --> 00:57.800]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.800 --> 01:04.800]  10 and injuring 40.
[01:04.800 --> 01:09.480]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp into
[01:09.480 --> 01:14.240]  taxes law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.240 --> 01:18.120]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.120 --> 01:22.800]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.800 --> 01:24.800]  to test the error for THC.
[01:24.800 --> 01:28.480]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.480 --> 01:33.200]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.200 --> 01:34.200]  law.
[01:34.200 --> 01:37.640]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.640 --> 01:42.160]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.160 --> 01:48.320]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.320 --> 01:54.560]  well as other cities, too, like the District Attorney in El Paso, Caima Esparza, a Democrat
[01:54.560 --> 01:59.040]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.040 --> 02:01.800]  prosecution of marijuana cases in El Paso.
[02:01.800 --> 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 --> 02:17.440]  It's important that if someone is charged with something, the test matches what they're
[02:17.440 --> 02:22.640]  charged with.
[02:22.640 --> 02:27.640]  A paper by Tulane University identified a five and a half inch American pocket shark as the
[02:27.640 --> 02:32.800]  first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark
[02:32.800 --> 02:38.440]  ever captured or recorded with the other one being found way back in 1979 in the East Pacific
[02:38.440 --> 02:39.440]  Ocean.
[02:39.440 --> 02:43.800]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:50.080]  its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[02:50.080 --> 03:16.920]  glow.
[03:16.920 --> 03:27.760]  But I received my remedy today.
[03:27.760 --> 03:44.760]  Came in the rocks just like they say, I accepted it for value right away.
[03:44.760 --> 04:05.080]  Okay, we are back, Randy Helton, Brett Fountain, Rue de la Radio on this, the 18th day of December
[04:05.080 --> 04:15.640]  2020, and we're talking to John in New York, and John, I'm not a happy camper. I was doing a show
[04:15.640 --> 04:22.960]  with Scott Richardson on Pastor Massage Truth Radio, and I was talking to an ex CIA agent,
[04:22.960 --> 04:32.560]  and we were talking about what information we get and how you really have to be careful about
[04:32.560 --> 04:41.640]  the information that you hear. Back when a shooter went into a movie theater in Colorado and shot
[04:41.640 --> 04:48.160]  up a bunch of people within hours, I had people telling me who the FBI agents were who got him
[04:48.160 --> 04:55.360]  his weapons, who the CIA agents were that got him his psychotropic drugs. I got the whole story.
[04:55.360 --> 05:04.280]  It turned out to be horse manure, the shooter in DC. The reason, the whole purpose was to kill
[05:04.280 --> 05:11.760]  that FBI analyst, and all these others were killed just to cover it up. When it turned out that was
[05:11.760 --> 05:17.880]  horse manure, the guys who were spouting that stuff just went on to something else. You have
[05:17.880 --> 05:25.560]  to really be careful, not only what we hear from the other side, but what we hear from people on
[05:25.560 --> 05:37.120]  our side. And now to you, John, did you read that case? Well, what I did was, I sent it, I said,
[05:37.120 --> 05:47.200]  now take a step back. Did you read that case? No, no, no, I didn't. Okay, well, here's the deal. Brett
[05:47.200 --> 05:54.600]  did. Brett, will you tell us what you found? Well, I haven't read the whole thing yet,
[05:54.600 --> 06:01.440]  but I didn't find anything in there about elections or anything about voting, nothing about the
[06:01.440 --> 06:07.120]  president, nothing about... I know, it's not in them. It's not in them. That's right. But John,
[06:07.120 --> 06:17.160]  you presented that as if this case was on elections. This is a problem I have with the
[06:17.160 --> 06:25.880]  Patriot community. You spoke to the case, and Brett, what does it say about fraud? Well,
[06:25.880 --> 06:32.120]  it's... this is not where they're saying that fraud vitiates everything, although they do
[06:32.120 --> 06:39.440]  reference, they say something like Mr. Wells, let me go back there and find it. Mr. Wells,
[06:39.440 --> 06:48.800]  in his very useful work on Rez Adjudicata says in section 499, fraud vitiates everything and a
[06:48.800 --> 06:54.280]  judgment equally with a contract. So they're referencing that the judge that writes this
[06:54.280 --> 07:00.800]  opinion is referencing some guy, Mr. Wells. So everybody knew at that time, like you said,
[07:00.800 --> 07:04.720]  Randy, this is nothing new. Fraud vitiates everything. We know that. They knew that in
[07:04.720 --> 07:13.480]  1878, too. And this is something that they're referencing as common knowledge. But it was
[07:13.480 --> 07:21.800]  not a ruling in this case. No, they weren't using that as something they're setting. This case has,
[07:21.800 --> 07:29.280]  this case essentially has nothing to do with the issue at hand. Nothing. And you promote,
[07:29.280 --> 07:36.680]  promote that case as if it is the end all to the problem and has nothing to do with anything.
[07:36.680 --> 07:44.040]  This is a problem, John. This is a problem of credibility. And you spoke to the case and moved
[07:44.040 --> 07:52.560]  from the case into speculation. And it took me a while to realize that you had moved out of the
[07:52.560 --> 08:00.120]  case and into speculation. Now it turns out it was all speculation. Okay, that's why I presented
[08:00.120 --> 08:08.520]  it. I gave it to the lawyer, Giuliani, to see. And in fact, I think in my letter, in my letter,
[08:08.520 --> 08:14.920]  my email, I think I said, review this and see if this applies. Because I know that the case,
[08:14.920 --> 08:21.880]  the only thing I know about the case was that it didn't involve an election. The United States
[08:21.880 --> 08:28.040]  versus Brock Morton had nothing to do with an election. But it did have to do with contracts.
[08:28.040 --> 08:36.760]  And according to whoever wrote this that I'm reading, they think, you know, it's speculation
[08:36.760 --> 08:44.320]  at this point, you got to prove that an election is really a contract. Okay, this is all speculation.
[08:44.320 --> 08:51.240]  Well, I know, I know, I knew it was speculation, but I was hoping that maybe it was the one.
[08:51.240 --> 08:57.480]  Okay, my concern is, is you didn't present it as speculation. You presented it as if it was
[08:57.480 --> 09:04.960]  law. And I have a big problem with that. We have enough trouble sorting out speculation from law,
[09:04.960 --> 09:14.240]  especially in the legal reform community. That's why I have this rule. Never make a proactive
[09:14.240 --> 09:25.760]  statement of law out of your own mouth. You brought us a case and then presented speculation as if
[09:25.760 --> 09:33.840]  it were the case. That was dishonest. Well, yeah, I'm just reading to you whoever wrote this. I'm
[09:33.840 --> 09:39.920]  reading to you what you didn't tell us that when you started, we kind of figured that out toward
[09:39.920 --> 09:46.960]  the end. Yeah, yeah, that we should have been advised to that from the beginning. I'm really
[09:46.960 --> 09:54.080]  not happy about this one. I'm going to ask you don't do that to us again. If it's speculation,
[09:54.080 --> 10:00.080]  tell us on the front end. Oh, okay. All right. All right. Yeah, I was hoping that even though
[10:00.080 --> 10:06.720]  the case they mentioned had nothing to do with the election, I was hoping that whoever reads
[10:06.720 --> 10:14.160]  this, the lawyers would possibly see if it would apply, you know, because I'm not a lawyer. I have
[10:14.160 --> 10:21.760]  no idea. It took Brad about five minutes. It shouldn't have took you any longer than that
[10:21.760 --> 10:27.520]  to figure out this case did not apply. Oh, no, I know that it had nothing to do with the election.
[10:27.520 --> 10:34.960]  But I was hoping that because of the fact that they were claiming in the article that the election
[10:34.960 --> 10:40.240]  is a contract, I was hoping that a lawyer would take that apart and say, well, you know, maybe we
[10:40.240 --> 10:48.480]  could use this. No, no. Okay. This is just some speculation. Yeah. But we don't even know who.
[10:48.480 --> 10:54.080]  You didn't ever tell us who made the speculation. Was it a lawyer? Was it a reporter? Was it
[10:54.080 --> 11:00.800]  someone with a hidden agenda? All right, because they identify themselves right here.
[11:02.800 --> 11:10.720]  The source is what they refer to as the state of the nation.
[11:12.400 --> 11:18.320]  They sign themselves as the state of the nation, whatever. So they're anonymous. They don't even
[11:18.320 --> 11:28.880]  have don't even have names. Don't ever bring us this kind of stuff. I get this stuff all day long.
[11:29.440 --> 11:35.280]  I get stacks of this stuff. And I wind up sorting through this and it's a source of an
[11:35.280 --> 11:43.520]  ending annoyance. I'm wondering who is putting this stuff out. Maybe if you can figure out
[11:43.520 --> 11:48.400]  how to get an injunction against them, then the Wise County can figure out how to get an
[11:48.400 --> 11:55.920]  injunction against everybody that's reports their crimes. Perhaps. But that is frustrating.
[11:55.920 --> 12:02.400]  Do you have anything else for us, John? Well, just one quickie. Somebody had called me yesterday
[12:02.400 --> 12:09.360]  and said she got a traffic ticket for... Okay, John, don't you say one word about seatbelts?
[12:09.360 --> 12:15.920]  No, no, no seatbelts. No seatbelts. Okay, for everybody else. That's a long time joke.
[12:20.560 --> 12:26.880]  Well, I want to know this for myself. Somebody gets a ticket for unregistered vehicle
[12:27.840 --> 12:33.840]  and they didn't have it registered as of September of 2019. It was due, I guess,
[12:33.840 --> 12:41.440]  like in August or September of 2019 until all this time has gone by. The cop sees the license plate,
[12:42.400 --> 12:48.320]  runs the plate while the person is driving the car. The cop is following and runs the plate
[12:48.320 --> 12:55.360]  and finds, according to the cop, the cop said, you don't have your registration. I found that your
[12:55.360 --> 13:06.240]  registration is lax. It's lax. And so the cop stops the car and tells her that the registration is lax
[13:07.120 --> 13:13.680]  and he writes her a ticket. Now, what's the best way to approach that from the standpoint?
[13:13.680 --> 13:19.520]  I mean, that's slam dunk. You haven't got it registered. It should have been registered.
[13:19.520 --> 13:24.720]  What's the best defense against that? It depends on where you, then you go to,
[13:24.720 --> 13:32.400]  you don't go to the merits. You go to due process. In Texas, Brett, I think you're
[13:32.400 --> 13:38.800]  the one that brought this to my attention that registration is in Section B of the
[13:38.800 --> 13:45.040]  Transportation Code and an officer can only pull someone over for a violation of Section C.
[13:45.040 --> 13:54.160]  Correct. They typically, they like to do the subtitle B and subtitle D for insurance,
[13:54.160 --> 13:58.000]  but that's not within the purview of what they're allowed to pull you over for.
[14:01.680 --> 14:05.440]  Now, what does that translate? Now, in Texas, what does that translate down to?
[14:05.440 --> 14:14.320]  Down to, we don't, we don't have all of the state's codes memorized. You'd have to,
[14:14.320 --> 14:19.520]  what state are you speaking to? New York. Your friend was, okay.
[14:21.520 --> 14:26.320]  Okay. New York. So I had no idea. You'd have to read the Transportation Code in New York.
[14:27.920 --> 14:35.200]  But there are other things. The fact that she did not have registration meant that she
[14:35.200 --> 14:48.400]  was not operating, she was not in a contract with the state to act as a commercial driver.
[14:51.360 --> 14:55.760]  Right. And as not a commercial driver, she had no need to have registration.
[14:56.800 --> 15:02.960]  That's a commercial contract. Oh, so registration is for commercial only?
[15:02.960 --> 15:06.640]  Right. Yes. Even in New York?
[15:08.400 --> 15:14.160]  Every state, it falls under Transportation Code. Transportation Code only goes in every state
[15:15.120 --> 15:21.840]  to commerce. Oh, so what's the, how do you approach it then?
[15:22.560 --> 15:25.680]  Okay. You know, you just told me how do you defend it?
[15:25.680 --> 15:36.080]  You read the code. You accuse the officer of lacking the, the offense itself, the charge
[15:36.880 --> 15:43.920]  is insufficient because you were not operating in commerce and therefore didn't need registration.
[15:45.280 --> 15:50.800]  So this, but, but how exactly to do it? You'd have to read the code in New York
[15:50.800 --> 15:56.880]  and pull the case law in New York. I wouldn't know how to, I know how to make that argument in
[15:56.880 --> 16:03.520]  Texas, but I know how to make it in New York. Right. So this goes back to the old situation
[16:03.520 --> 16:10.080]  where it's insufficient on its face because the Transportation Code does not provide
[16:12.800 --> 16:18.560]  for registration for private drivers. There's no law requiring a private driver to be registered.
[16:18.560 --> 16:24.000]  Right. So that, that's the whole basis of this, isn't it?
[16:24.800 --> 16:29.200]  Yes, but that, that's an argument you can make. Now they're going to fight you like crazy and
[16:29.760 --> 16:33.680]  Oh yeah. You need to pick your arguments really careful.
[16:35.040 --> 16:44.960]  Right. Right. Okay. Hang on. We're going to our sponsors. Ron, Jerry, Tina, see there we,
[16:44.960 --> 16:50.880]  John, okay, we're going to move on when we come back. Randy Kelton, Brett Fountain,
[16:50.880 --> 16:55.280]  Rudolf La Radio, and my tang is getting toggled. We'll be right back.
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[19:57.040 --> 20:04.240]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio,
[20:04.240 --> 20:09.280]  and we're going to Jerry in Pennsylvania. Jerry, what have you been up to?
[20:14.320 --> 20:20.560]  Are you there, Jerry? Did I put you to sleep with all my eloquent oratory?
[20:20.560 --> 20:29.280]  I must have. I have that effect on people. Okay, we may have a bad connection. Jerry,
[20:29.280 --> 20:36.800]  if you can hear me, try calling back in. Okay, we are going to Ron in Texas. Hello, Ron.
[20:38.480 --> 20:40.640]  Hey, yes, good evening. How are you all doing this evening?
[20:41.440 --> 20:44.000]  Doing good. What do you have for us today?
[20:44.000 --> 20:50.880]  Well, we were talking about my son the other night and you asked me to call back in this
[20:50.880 --> 21:00.240]  evening. I was able to get these T-Cole complaints printed out, but I'm having trouble finding the
[21:00.240 --> 21:06.960]  judicial conduct form and the Texas Code of Judicial, let's see, the bar grievances and
[21:06.960 --> 21:14.080]  things like that. It's right on their website. Just go to their website and look up complaint forms.
[21:14.080 --> 21:19.280]  Well, I did. Okay, so it's very vague. They have a whole list of stuff, but it doesn't say anything
[21:19.280 --> 21:25.360]  about what y'all told me to look at. Like the Texas District Rules of Misconduct,
[21:25.360 --> 21:31.280]  one, two, three, five, and eight, Brett had suggested that I look at that. I'm not finding
[21:31.280 --> 21:40.960]  that on their page at all, at TexasC courts.gov. All right, so txcourts.gov
[21:42.960 --> 21:49.600]  and from their main, let's see, what their main menu, I think it's called Rules and Forms
[21:50.480 --> 21:57.040]  at the top there. Yeah, Rules and Forms. Click that and then Rules and Standards.
[21:57.040 --> 22:02.000]  Rules and Standards. You see that?
[22:04.240 --> 22:09.440]  I'm not sitting in front of that right now. I'm writing, I don't know, so, but I have it
[22:09.440 --> 22:17.200]  pulled up machine. I'm looking at it right now. It's Rules and Forms on the top menu there under
[22:17.200 --> 22:24.240]  their big flag, and then Rules and Standards. And when you click Rules and Standards, it has a
[22:24.240 --> 22:29.040]  little list in the middle of the screen, and it's got two of the options that you're going to care
[22:29.040 --> 22:33.520]  about. It's got probably 10 different things in there. And the two you're going to be looking for
[22:33.520 --> 22:46.240]  are Texas Code of Judicial Conduct, TCJC, and Texas Disciplinary Rules of Professional Conduct,
[22:46.240 --> 22:55.280]  TDRPC. Texas Rules. Disciplinary Rules of Professional Conduct.
[22:56.080 --> 23:02.880]  That's the one for the lawyers. Send me an email asking for that specifically,
[23:03.520 --> 23:09.040]  and I will find you a link, drop the link in the email, send it back to you.
[23:09.040 --> 23:16.320]  I sent it, I already sent it today, and then you said something about doing, looking for
[23:18.800 --> 23:26.000]  I want to say disclosures, or I'm exhausted, I'm sorry. You were talking about you wanted me to
[23:26.000 --> 23:31.920]  send something to get them to give us all the information on the case, and this is supposed
[23:31.920 --> 23:40.480]  to be going to the clerk, I guess. I want to say discrepancies, and I'm losing my train of thought.
[23:41.920 --> 23:52.480]  Just send to the clerk the cause number and ask for all records relative to this cause number.
[23:52.480 --> 24:02.000]  Okay, all records relative. I just got a response from the clerk.
[24:02.000 --> 24:11.760]  I sent a clerk a request for all of the criminal records from June until October,
[24:12.560 --> 24:19.120]  and I wanted all of the documents filed in the case. She sent me a response today that said
[24:19.120 --> 24:26.560]  that she wasn't sure what I was looking for, and if I would clarify, then she would look into that.
[24:28.480 --> 24:33.520]  I sent her the same thing back. I want to see all the records. How much clearer can I get?
[24:34.800 --> 24:40.240]  So just ask them for all of them. If you ask for anything in particular,
[24:40.240 --> 24:44.560]  then they'll start doing a song and dance. So ask for everything.
[24:44.560 --> 24:52.000]  And then you said something about to hammer the prosecutor that said failure to speak to
[24:52.000 --> 25:00.080]  the candor of the court about proper way. Failure to speak with candor to the court.
[25:01.360 --> 25:08.720]  With candor. That's a nice way of saying he's lying like a dog.
[25:08.720 --> 25:14.720]  Okay. With candor to the to the court.
[25:17.120 --> 25:23.760]  Sorry. You will do better once you've read the cannons. You read through them. It'll read like
[25:23.760 --> 25:30.080]  a comic book. Every time I read it, I get tickled about all of the things you can hammer them for.
[25:31.760 --> 25:36.880]  Same with judicial conduct. There's all of these things that they're supposed to do and they don't
[25:36.880 --> 25:42.960]  do. Once you've been read through both of them twice, you will know the cannons better than
[25:42.960 --> 25:53.920]  most lawyers do. And one of the primary ones is not speaking to their client. And at the end of
[25:53.920 --> 26:01.360]  the day, you're concerned about getting your complaint correct. It doesn't matter what you
[26:01.360 --> 26:07.360]  file. They're going to trash it. You filed a complaint against a lawyer and they trashed it.
[26:08.640 --> 26:11.360]  Okay. That's a good thing.
[26:14.160 --> 26:21.200]  Let me explain why that's a good thing. It's a good thing because the lawyer has an errors in
[26:21.200 --> 26:32.320]  emissions policy. And how does the carrier gauge their level of risk by valid bar grievances?
[26:32.320 --> 26:39.440]  Heck, throw them all in the trash by the numbers. Valid, invalid, the insurance
[26:41.760 --> 26:49.520]  agent, he doesn't care. He's got two things he's trying to do. He's trying to charge his client
[26:49.520 --> 26:57.440]  as much money as possible. And he's trying to avoid any claims against his company.
[26:58.560 --> 27:03.520]  So one thing he's got to do is gauge his level of risk. You know, if you buy a brand new car and
[27:03.520 --> 27:07.760]  you go down to Walmart and you come out and somebody has backed into it and bashed your
[27:07.760 --> 27:11.520]  fender in. When you call the insurance company, they're going to come out and fix it.
[27:12.400 --> 27:18.880]  Double insurance policy. You come back next month, they bashed in another fender. They're going to
[27:18.880 --> 27:24.960]  come out and fix it and cancel. Your fault, their fault, nobody's fault, they don't care.
[27:26.080 --> 27:36.000]  You are an unacceptable risk. Same thing with the lawyers. Valid, invalid, they don't care. One bar
[27:36.000 --> 27:41.680]  grievance, your first year of practice, they cancel immediately. Two bar grievances, anyone
[27:41.680 --> 27:47.680]  year of practice, they cancel. Three, they cancel your law firms, my practice insurance. Valid,
[27:47.680 --> 27:52.960]  invalid, they don't care. So don't worry if you get it right or not. Who cares?
[27:54.480 --> 28:02.800]  If they get a grievance, they have to report it to the carrier as a part of the contract.
[28:03.680 --> 28:10.640]  If a lawyer has any reason to believe that he could possibly wind up being sued, he must
[28:10.640 --> 28:21.200]  give notice to the insurance carrier. If he doesn't, he's not covered. So bar grievances over minor
[28:21.200 --> 28:30.400]  stuff, well, it's low down and dirty rotten. And that's why we like it so much. It's exactly the
[28:30.400 --> 28:36.000]  kind of stuff they would do to you. So don't worry if you get it right. Don't worry if they trash it.
[28:36.000 --> 28:42.160]  They're going to trash it no matter what you do. Valid anyway. And they're going to send you
[28:42.160 --> 28:46.560]  something that you get back in the mail that makes it look like you failed. Don't worry about it.
[28:48.560 --> 28:57.920]  Yeah, just chuckle. I was in the military and I called the inspector general on my NC OIC.
[28:57.920 --> 29:06.640]  Long story, but he was a real jerk. Everybody hated him. And he stopped me from going home
[29:06.640 --> 29:11.920]  to get married before I went overseas. For a school that turned out when it came time for
[29:11.920 --> 29:17.520]  the school, I asked him, the egress school and ejection systems on fighter airplanes,
[29:18.160 --> 29:21.680]  I asked him where I was supposed to report to for the school. He said, oh, they counseled that
[29:21.680 --> 29:28.880]  three months ago. That was before he counseled my leave. So it didn't exist when he counseled my
[29:28.880 --> 29:34.320]  leave. So I called the inspector general and told him right there in the the NC OIC's office.
[29:35.200 --> 29:40.320]  I asked him, can I use that phone? He said the phone is only for for official business. So the
[29:40.320 --> 29:47.680]  sergeant, this is very official. I picked up the phone, asked for the IG and I was talking to him,
[29:47.680 --> 29:52.160]  told him what happened. And he said, where is your NC OIC? Oh, he's standing right here, sir.
[29:52.720 --> 29:59.120]  Put him on the phone. And this NC OIC, he was a chief master sergeant.
[30:00.800 --> 30:05.920]  Everyone knows that walking is great exercise, but you might not know that the way you walk could
[30:05.920 --> 30:10.320]  predict how long you're going to live. I'm Dr. Catherine Albrecht and I'll be back to tell
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[30:56.800 --> 31:02.320]  one meter per second is about two and a quarter miles per hour. A senior's age, gender and walking
[31:02.320 --> 31:07.680]  speed were as good at predicting life expectancy as more traditional statistical measures. Generally
[31:07.680 --> 31:13.200]  speaking, faster walkers live longer. Measuring walking speed is quick and inexpensive. It only
[31:13.200 --> 31:18.160]  takes a stopwatch, some space to walk in a few minutes. Researchers say it could help doctors
[31:18.160 --> 31:24.080]  identify older patients who need special care. I'm Dr. Catherine Albrecht. More news and information
[31:24.080 --> 31:33.760]  at CatherineAlbrecht.com. I lost my son. My uncle. My uncle. My son. On September 11th,
[31:33.760 --> 31:39.600]  2004, most people don't know that a third tower fell on September 11th. World Trade Center 7,
[31:39.600 --> 31:45.200]  a 47-story skyscraper, was not hit by a plane. I will be official explanation is that fire
[31:45.200 --> 31:50.320]  brought down Building 7. Over 1,200 architects and engineers have looked into the evidence
[31:50.320 --> 31:55.360]  and believed there is more to the story. Bring justice to my son. My uncle. My nephew. My son.
[31:55.360 --> 32:00.160]  Go to BuildingWhat.org. Why it fell, why it matters, and what you can do.
[32:01.040 --> 32:05.600]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:05.600 --> 32:11.840]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[32:11.840 --> 32:17.600]  Our goal is in accord with Matthew 5.16. Let your light so shine before men that they may
[32:17.600 --> 32:23.040]  see your good works and glorify your Father which is in heaven. We wish to reflect God's
[32:23.040 --> 32:28.240]  light and be a blessing to all those with a hearing ear. Join Nana and guests for both
[32:28.240 --> 32:34.240]  verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[32:34.240 --> 32:39.600]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[32:39.600 --> 32:45.920]  one chapter per week. Our topical Bible studies will vary each week and will explore sound doctrine
[32:45.920 --> 32:50.960]  as well as Christian character development. So mark your calendar and join us live on
[32:50.960 --> 32:57.840]  LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring
[32:57.840 --> 33:06.240]  and motivating discussion on the Scriptures. Live Free Speech Radio LogosRadioNetwork.com
[33:58.800 --> 34:05.120]  Okay, we are back. Randy Kelton, Brett Fountain, Rularar Radio. The reason I told that story
[34:05.120 --> 34:11.440]  is it had some interesting fallout because when I gave him the phone, he held the phone away from
[34:11.440 --> 34:17.920]  his ear and you could hear the Inspector General yelling at him and he said, yes sir, yes sir,
[34:17.920 --> 34:24.640]  and I'll be right there sir, hung up, looked at me like you're gonna die and then stormed out of
[34:24.640 --> 34:30.560]  the office. By the time he left the office, everybody in the hangar already knew what happened.
[34:30.560 --> 34:36.240]  They carried me around the hangar because I hated this guy. Three weeks later, I was called to a
[34:36.240 --> 34:42.400]  meeting, me and one other guy with the Commander. And we walked in there and we're looking around,
[34:42.400 --> 34:51.680]  oh, this is not good. And the Commander, he, we sat down and he's, and we come in, we pop to,
[34:51.680 --> 34:55.840]  he salutes, he says, have a seat here. So I want to show you something. I have line numbers here.
[34:56.960 --> 35:09.280]  I've got 26 Master Sargents in my duty section. I've got one line number. Who should I give it to?
[35:10.320 --> 35:18.720]  Well, they all got minimum time in grade. They all have an essentially exemplary record. Oh,
[35:18.720 --> 35:25.280]  well, this guy, he got the IG called on him. So that's a reason to set him aside.
[35:27.280 --> 35:30.800]  He looked at us. I don't know what this other guy did. I never found out.
[35:31.920 --> 35:37.520]  He said, the Commander said, do you understand what I'm telling you, Airman? Sir, yes sir.
[35:39.680 --> 35:44.960]  That'll be all. That was a good education for me.
[35:44.960 --> 35:53.760]  Ron, this is exactly what you need to understand. This judge, you file a judicial
[35:53.760 --> 35:56.160]  conduct complaint against him. They're going to trash it.
[35:58.080 --> 36:04.480]  But when the judge runs for office again, you can be sure his opponent is going to drag out
[36:04.480 --> 36:10.640]  these complaints and wave them in front of everybody. That puts a mark on his record
[36:10.640 --> 36:17.520]  that never, ever goes away. He could never stand in front of his electorate and say,
[36:17.520 --> 36:22.880]  I have never had anyone file any complaints against me because I'm such a good judge.
[36:22.880 --> 36:28.080]  He can't say that because they're in there. And it erases boundaries.
[36:29.280 --> 36:33.840]  You say to file those because he's not allowing my son to wear his glasses
[36:33.840 --> 36:44.960]  to even see what's my son. That's a lack of accommodation to the lack of accommodation
[36:44.960 --> 36:53.840]  under the Americans Disabilities Act. I think that can, I'm always looking for ways to map
[36:54.560 --> 37:00.400]  their actions, the actions of some attorney. When they're doing something wrong and your gut tells
[37:00.400 --> 37:07.600]  you it's wrong, there's going to be several different rules and different ways that you could
[37:08.480 --> 37:14.800]  accuse and say that's wrong, depending on which rule that you say they violated.
[37:17.440 --> 37:26.480]  But we learned that fraud, waste, and abuse go directly to insurance risk, liability.
[37:26.480 --> 37:31.520]  So fraud, waste, and abuse. Keep that in your mind as you're looking at all the different rules
[37:31.520 --> 37:38.640]  and the possible things that you can map their actions to and try to lean toward the ones that
[37:38.640 --> 37:46.000]  are talking about fraud. They did this fraudulently. It was abusive. It was wasteful.
[37:47.280 --> 37:52.720]  And that would be the ones that I would suggest you look at charging them with first.
[37:52.720 --> 38:01.520]  So in case of glasses, you could say it in a way that they're trying to secure execution
[38:01.520 --> 38:12.000]  of a document by deception. And that's a crime. And then the way that you put that,
[38:12.000 --> 38:25.040]  that lines up with a rule in Texas it would be, let's see. Because they tried, they ran him through
[38:25.040 --> 38:31.360]  court yesterday. They pulled him out of jail. They told him, they told us both, oh, you're not,
[38:31.360 --> 38:36.800]  he's not even going to be going to court or any kind of hearing until after Christmas. They postponed
[38:36.800 --> 38:43.040]  it all because of COVID. So he went out and done December 3rd. They said, oh, you won't even see
[38:43.040 --> 38:48.080]  your son until January. So just forget about it. You're not going to get into court. They wouldn't
[38:48.080 --> 38:53.920]  allow me into court anyway because of the COVID nonsense. Then when I tried to talk to his attorney
[38:53.920 --> 39:00.080]  outside when he came outside of the court, he wasn't in there 15 minutes. I thought he withdrew.
[39:00.080 --> 39:05.600]  That's what I asked him. Did you withdraw? He said, I'm not talking to you. So he's telling
[39:05.600 --> 39:12.960]  my student that I'm being abusive to this attorney. Bar, Bar grieve, Bar grieve the attorney.
[39:15.040 --> 39:22.720]  See, Ron, see if you think this matches. Rule 3.02 says that the attorney shall not take a position
[39:22.720 --> 39:29.920]  that unreasonably increases the costs or other burdens of the case or that unreasonably delays
[39:29.920 --> 39:39.840]  resolution of the matter. He shall not. Well, he just did. So you are grieving for that violation
[39:39.840 --> 39:49.280]  of rule 3.02. Keep in mind, Ron, he's court appointed counsel. Yeah, he's on, he's on your clock.
[39:50.960 --> 39:55.760]  Yeah, he won't even speak to me. And what he's okay, we got that. We got that. He won't speak to
[39:55.760 --> 40:03.360]  you. He's not supposed to speak to you about the case. He can only speak to his client about the case.
[40:04.240 --> 40:11.680]  But he has to, he has to be polite to you. Don't bar grieve him for not talking to you.
[40:12.640 --> 40:14.720]  Bar grieve him for not talking to your son.
[40:17.200 --> 40:22.400]  Okay, yeah, because my son had no idea, then all of a sudden they railroaded him up into
[40:22.400 --> 40:29.280]  the court. Okay, stop, stop, we can't do this. You're getting, you're going to go through every
[40:29.280 --> 40:34.480]  bad thing that happened. We spend a whole show going through this. We're not about the bad things
[40:34.480 --> 40:39.280]  that happened. We're about resolution. We're about remedy. He couldn't see, he couldn't even see the
[40:39.280 --> 40:44.720]  documents that you're trying to put in front of him because he doesn't laugh. That's why, that's why
[40:44.720 --> 40:51.360]  you grieve. That's why you talk about fraud and accuse the lawyer of the fraud. And so like this
[40:51.360 --> 40:58.480]  would be another one that goes to that. You could say rule 1.02 subsection C. An attorney shall not
[40:58.480 --> 41:04.720]  assist or counsel a client to engage in conduct that the lawyer knows is criminal or fraudulent.
[41:04.720 --> 41:09.440]  Of course it's fraudulent for somebody to be forced to sign things. They don't even have a way to
[41:09.440 --> 41:17.760]  read. Obviously. Right. And 102 subsection D says that the attorney shall promptly make reasonable
[41:17.760 --> 41:23.120]  efforts under the circumstances to dissuade the client from committing crime or fraud.
[41:25.040 --> 41:32.400]  Well, he violated that one too. Okay. What they, what they, what they told my son was,
[41:32.400 --> 41:37.200]  hey, we want to send you home for Christmas. You need to go ahead and sign this and plead guilty.
[41:37.920 --> 41:41.520]  And he was like, no, I'm not okay. I don't even know what this says.
[41:41.520 --> 41:50.560]  Okay. We got that. We got that. Grieve him today. Grieve your, grieve his attorney for it.
[41:51.440 --> 41:58.000]  In another rule 104 subsection A says the attorney shall not enter into an arrangement for
[41:58.560 --> 42:05.360]  charge or collecting the illegal fee or unconscionable fee. So you can say that it's
[42:05.360 --> 42:11.920]  unconscionable for him to be collecting fees for his services to do something that is fraudulent.
[42:11.920 --> 42:18.240]  Oh, that's good. That will give him apoplexy.
[42:22.480 --> 42:28.000]  So watch what happens, Ron, when you start filing these and make sure you file them at least a week
[42:28.000 --> 42:38.560]  apart. Now you put the court in a position to where they have to protect their, their friend
[42:38.560 --> 42:47.360]  lawyer here from the client's father. If anybody says one word to you about this, especially the
[42:47.360 --> 42:54.720]  lawyer, when you bargery the lawyer, he is forbidden to speak to you about it. If he has a
[42:54.720 --> 43:01.680]  concern about it, he's to take that to the bar. The bar is the mediator. If he speaks to you about
[43:01.680 --> 43:08.960]  it, then that will be construed as him attempting to improperly influence a witness and you bargrieve
[43:08.960 --> 43:21.040]  him for that. Okay. Improperly influence. If he says to you, if he tells you that, you know,
[43:21.040 --> 43:27.120]  that's improper, you can't file a bargrieve, just be for that. You grieve him for telling you that.
[43:28.080 --> 43:33.920]  He has to keep his mouth shut. You both, if you like, you both go into court, you stand behind
[43:33.920 --> 43:38.400]  your table. He stands behind his, before the court starts, you walk over and kick him right
[43:38.400 --> 43:44.000]  squarely behind and he's got to stand there and act like you didn't do it. These guys are vulnerable.
[43:44.000 --> 43:47.600]  Once you've figured that out, you can get up to work at your favorite. Hang on.
[43:47.600 --> 43:53.840]  We have to go to our sponsors, Randy Kelton, Brett Fountain, rule of our radio, call in number
[43:53.840 --> 43:57.760]  512-646-1984. We'll be right back.
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[45:00.960 --> 45:03.520]  Are you the plaintiff or defendant in a lawsuit?
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[46:24.960 --> 46:48.560]  Okay, we are back. Randy Kelton, Brett Fountain, Ruella Radio, and we're talking to Ron in Texas.
[46:48.560 --> 46:54.880]  Ron, get two or three complaints in. Once you start putting them in, you will see
[46:55.520 --> 47:02.400]  that their whole attitude begins to change. And if you start hammering this lawyer, the lawyer's
[47:02.400 --> 47:10.480]  going to win off the case. And tell your son, tell your son, don't you dare let him off that case.
[47:11.360 --> 47:18.480]  Because if the judge takes him off the case, then he gets to sue the judge for interfering with
[47:18.480 --> 47:26.640]  private contract. So file a couple more, a couple complaints, and then come back next week and let
[47:26.640 --> 47:32.000]  us get us the text of what you filed and we'll address that. I need to move on. We've got a
[47:32.000 --> 47:36.720]  board full of callers and we're going to run out of time here. Thank you for calling Ron.
[47:36.720 --> 47:39.920]  Now we're going to Jerry in Pennsylvania. Hello, Jerry.
[47:39.920 --> 47:53.600]  Jerry looks like Jerry's still asleep. Okay. No, I've unmuted him. He might have
[47:53.600 --> 48:00.000]  dropped off and doesn't realize he's still connected. Oh yeah, I think maybe Debra's either
[48:00.000 --> 48:06.320]  screening him or he just dropped off. Okay, we are going to Tina in California. Hello, Tina.
[48:06.320 --> 48:13.920]  Hello, how are you today? I am good. I have a little voice issue, so that's
[48:13.920 --> 48:18.720]  spider bite he's got to Modelerinix and haven't quite cleared up yet.
[48:20.000 --> 48:23.280]  Are you sure you weren't drinking too much of that beer from your beer funds?
[48:25.600 --> 48:28.880]  I hadn't quit drinking beer for a long time ago. It gives me headache.
[48:28.880 --> 48:35.920]  Now the snobs, I really like the snobs. I hadn't quit drinking that too.
[48:37.040 --> 48:40.640]  Yep, I heard about that. I'll have to send you some grappa.
[48:43.760 --> 48:49.520]  Well, I have a quick question from one of the things I'm doing to even get to other people.
[48:51.600 --> 48:56.720]  I know I'd asked you this and I've forgotten what you said. I have this one case where I filed
[48:56.720 --> 49:03.440]  an adversary proceeding against a couple that took a bunch of people's money from this
[49:04.800 --> 49:15.680]  store, this consignment store and when she finally hired her fourth attorney in the deal and he put
[49:15.680 --> 49:24.480]  in the response that he put in a bunch of lies about people and he included in mine
[49:24.480 --> 49:33.040]  that, oh, you know, she's been accused of fraud in a bankruptcy years ago, which is false.
[49:33.760 --> 49:42.000]  But what am I doing when I file a bar complaint of the team? Because I think I should file it
[49:42.000 --> 49:45.920]  while we're in the case, correct? While we're doing that right now.
[49:45.920 --> 49:50.480]  Absolutely. File them quick. File them often.
[49:50.480 --> 49:59.920]  Okay, so what am I saying about what he's done? Because I know it's irrelevant to the
[49:59.920 --> 50:08.080]  current case. He's trying to mislead the judge and slander me, but what is the real wording I should
[50:08.080 --> 50:17.120]  use? Fail to speak with candor to the court. Fail to speak with candor to the court. Okay, like that?
[50:17.120 --> 50:21.920]  That's a nice way of saying you lied like a dog.
[50:24.560 --> 50:29.520]  And he defamed you with false assertions and allegations.
[50:31.120 --> 50:38.160]  Tina is one of the few people that already knows what candor means because she uses that kind of
[50:38.160 --> 50:44.640]  language. Well, that's because she's a foreigner and speaks a foreign language.
[50:44.640 --> 50:48.720]  Now you're being very childish now. You must stop that.
[50:54.880 --> 51:00.720]  Okay, so just those two things, false statements, fail to speak with candor to the court.
[51:01.360 --> 51:04.000]  Famed me, is there anything else I should add in there?
[51:04.960 --> 51:06.160]  Did he hurt your feelings?
[51:06.160 --> 51:14.160]  I actually put that in a court case while it said he hurt my feelings.
[51:16.960 --> 51:23.200]  No, so making me cough now. I'm laughing too hard. Well, maybe I could add that another time,
[51:24.000 --> 51:29.760]  and the other thing they put in was the amount I was asking for for the property they took
[51:29.760 --> 51:34.080]  was ridiculous. I don't know where they got the number from they put in there.
[51:34.080 --> 51:42.320]  But I have no idea where they pulled it from. But I think what it is, is the total amount on
[51:43.200 --> 51:51.120]  the appraisal for all the property was actually more than that. One painting was,
[51:52.400 --> 51:58.320]  you know, it was an insurance appraised for that amount. But that painting wasn't even part of this.
[51:58.320 --> 52:04.960]  And she claims in there, oh, I've never seen the appraisal. How would you know that figure
[52:04.960 --> 52:08.480]  if she'd never seen the appraisal, which she did, because she gave it back to me?
[52:08.480 --> 52:13.040]  So is there any way I can spin that she's lying about the thing?
[52:13.040 --> 52:15.920]  Is that a material fact?
[52:17.200 --> 52:24.640]  Yes, it is, because they're saying that I'm claiming all this money, and that if property
[52:24.640 --> 52:30.560]  was worth that much, it would have been in a high-end, you know, shop. And I wasn't claiming
[52:30.560 --> 52:33.680]  that money. I was claiming, you know, a lot, lot less.
[52:35.120 --> 52:40.160]  Then that's material. That should get aggravated perjury charges against them.
[52:41.760 --> 52:46.720]  The judge is a magistrate. Go ahead and file it in this case.
[52:46.720 --> 52:55.440]  Okay. And the judge may say, well, since I'm presiding over this case,
[52:55.440 --> 53:01.040]  I'm compromised. Well, in that case, give it to a magistrate who's not compromised.
[53:02.800 --> 53:09.120]  Okay. And what about the fact that they, you know, literally, Blaine said,
[53:09.120 --> 53:15.920]  you know, Chair Colbert did not even write this complaint. Some other party did,
[53:15.920 --> 53:21.920]  and they, they, they, this Kevin and John wrote the complaint. She didn't write it,
[53:21.920 --> 53:29.680]  and they put her up to this, which is entirely an utterly false, you know.
[53:30.560 --> 53:36.240]  Don't get caught. Don't let them drag you down a rabbit hole.
[53:36.240 --> 53:39.840]  Because it doesn't really matter whether somebody put you up to it.
[53:40.560 --> 53:44.640]  They're just dangling this shiny thing off to the side so that you won't go for their jugular.
[53:45.520 --> 53:51.840]  Yeah. Objection relevance. Irrelevant. Okay.
[53:53.760 --> 53:58.320]  Okay. Well, that's the only question I have for tonight, because I know you've got a
[53:58.320 --> 54:02.080]  board full of callers, and I've got lots of other call questions for another night.
[54:02.080 --> 54:09.360]  Okay. And that's it. That is an important point. When we're in any kind of case like this,
[54:09.360 --> 54:15.360]  we have to always focus on the outcome, on the end, on the end result.
[54:17.280 --> 54:23.120]  Do not let them lead you down a rabbit hole. And it's hard. When you're engaged in something
[54:23.120 --> 54:30.320]  where you're emotionally engaged, it is hard to do that. They say things you know are absolutely
[54:30.320 --> 54:37.520]  wrong and disparaging and hateful and you want to fight with them. And the other lawyer on the
[54:37.520 --> 54:42.560]  other side would like nothing better than to get you fighting about something that doesn't matter.
[54:44.400 --> 54:48.320]  And when you, when you just, you know, a lot of times when I was helping people,
[54:48.320 --> 54:52.880]  and the other side did that, we just simply ignored it. And a few times we put in,
[54:52.880 --> 54:57.200]  we're not going to address these issues. They're not relevant to the case and just went on.
[54:57.200 --> 55:01.760]  That will probably do you better than anything else. And then, then you can
[55:01.760 --> 55:08.240]  file criminal charges against them separately. Okay. So I was wondering about the other three
[55:08.240 --> 55:14.480]  participants. He said equally, you know, fault things against them, what they're claiming,
[55:14.480 --> 55:20.000]  just the other, and we're thinking of maybe all of those filing a separate law complaint
[55:20.000 --> 55:27.120]  against the attorney. That's four of us. Is that a good idea too? Oh, that'll make a great Christmas
[55:27.120 --> 55:34.080]  present. Well, what is one, there's one big drawback you have to consider.
[55:35.840 --> 55:45.040]  That lawyer is not going to send you a Christmas card. Oh, darn it. You'll just have to suffer
[55:45.040 --> 55:55.440]  that indignity. Oh, I'm really, really upset. Lawyers, it is just, they lie as a matter of course.
[55:56.800 --> 56:03.200]  And the judges just stand by and allow it. So the one thing we've got to fight back with
[56:03.200 --> 56:11.040]  is their insurance company. And they don't expect us to do that. So absolutely.
[56:11.040 --> 56:18.240]  Go ahead. Tina, I was going to point you about this candor toward the tribunal.
[56:19.440 --> 56:31.680]  I would point you to the American Bar Association, Rule 3.3. And then Rule 3.4 is fairness to opposing
[56:31.680 --> 56:40.160]  party and council. And Rule 4.1 is truthfulness in statements to others. So that's like the
[56:40.160 --> 56:44.240]  parallel to the one about the court. You know, they need to speak to the court with candor.
[56:44.240 --> 56:53.200]  3.3, 4.1 is they need to be truthful in their statements to you. Oh, I like that. That's really
[56:53.200 --> 57:00.160]  good. The lawyer shall not knowingly make a false statement of material fact or law to a third person.
[57:00.160 --> 57:08.160]  Thank you. So 3.3, 3.4, 4.1, take a look. Have fun.
[57:09.360 --> 57:13.360]  I will do that. And I'll point it out to the others. I think if we send them
[57:13.920 --> 57:19.920]  each to our own but send them within a few days of each other, this is a sole proprietor attorney.
[57:21.280 --> 57:27.040]  And so we're wondering if he'll withdraw from the case like her other three because
[57:27.040 --> 57:35.360]  they withdrew because she didn't pay them. He's likely to withdraw when he gets the first one.
[57:36.400 --> 57:45.120]  He will likely run like a rabbit. That would be fun. Then she's really scrambling because she has no
[57:45.120 --> 57:51.600]  idea how to answer any of this stuff. And she was just hoping she'd get this bankruptcy.
[57:51.600 --> 57:57.600]  She took charge and she dismissed all of it. Oh, she's running off the cliff.
[57:57.600 --> 58:00.480]  I'll let someone else come back on the other side. Thank you very much.
[58:01.200 --> 58:09.440]  Okay. Thank you. Tina, this is Randy Kelton, Brett Fountain, Rural Radio. We have Olivier.
[58:09.440 --> 58:14.560]  We will pick you up on the other side. Olivier has been taking on the state of Florida.
[58:14.560 --> 58:23.680]  And he's having way too much fun. So I've also got David in Texas. We've got two slots open.
[58:24.480 --> 58:29.520]  We've got an hour left. So if you have a question or comment you want to get in,
[58:30.080 --> 58:37.120]  we can probably get to one more caller by the end of the show. Okay, Brett, help me out here.
[58:37.120 --> 58:45.040]  I'm out of outro and I've got 10 seconds left. Let's tell them what number to call. Oh, yeah.
[58:45.040 --> 58:54.000]  Call in number 512646 1984. Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:00.160]  Bibles for America is offering a free study Bible and a set of free Christian books that can really
[59:00.160 --> 59:05.360]  help. The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.360 --> 59:09.920]  today. It's an accurate translation and it contains thousands of footnotes that will
[59:09.920 --> 59:15.920]  help you to know God and to know the meaning of life. The free books are a three-volume set called
[59:15.920 --> 59:21.360]  Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of the Christian Life
[59:21.360 --> 59:27.760]  clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.760 --> 59:33.200]  To order your free New Testament recovery version and Basic Elements of the Christian Life,
[59:33.200 --> 59:49.040]  call Bibles for America toll-free at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[59:52.080 --> 59:58.240]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[59:58.240 --> 01:00:04.400]  The following news flash is brought to you by The Lone Star Lowdowns.
[01:00:06.240 --> 01:00:12.880]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[01:00:12.880 --> 01:00:20.640]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel,
[01:00:20.640 --> 01:00:29.040]  Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52,
[01:00:29.040 --> 01:00:41.360]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:41.360 --> 01:00:51.520]  Today in History, the year 1916, the Preparedness Day bombing, a time suitcase bomb,
[01:00:51.520 --> 01:00:57.360]  was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade,
[01:00:57.360 --> 01:01:00.240]  killing 10 and injuring 40. Today in History.
[01:01:04.400 --> 01:01:08.960]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing
[01:01:08.960 --> 01:01:13.600]  heaven attacks his law back in June, county prosecutors around the state, including Houston,
[01:01:13.600 --> 01:01:17.680]  Austin, and San Antonio, have been dropping marijuana possession charges and even refusing
[01:01:17.680 --> 01:01:22.240]  to file new ones, since they are stipulating that they do not have the time or the laboratory
[01:01:22.240 --> 01:01:27.040]  equipment to test the herb for THC. Margaret Moore, the Travis County District Attorney,
[01:01:27.040 --> 01:01:31.120]  announced earlier this month that she was dismissing 32 felony possession and delivery of
[01:01:31.120 --> 01:01:36.240]  marijuana cases because of the law. Mr. Abbott and other state officials, including the Attorney
[01:01:36.240 --> 01:01:40.720]  General, stipulated in a letter that county district attorneys back on Thursday that marijuana
[01:01:40.720 --> 01:01:45.600]  has not been decriminalized in Texas and that these actions demonstrate a misunderstanding
[01:01:45.600 --> 01:01:52.240]  of how HB 1325 works, as well as other cities, too, like the district attorney in El Paso,
[01:01:52.240 --> 01:01:57.120]  Kyman Esparza, a Democrat who also stated earlier this month that the law, quote,
[01:01:57.120 --> 01:02:02.640]  will not have an effect on the prosecution of marijuana cases in El Paso. However, the issue
[01:02:02.640 --> 01:02:07.440]  was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County,
[01:02:07.440 --> 01:02:11.840]  who stated that, quote, the law is constantly changing on what makes something illegal based
[01:02:11.840 --> 01:02:15.840]  on its chemical makeup. It's important that if someone is charged with something,
[01:02:15.840 --> 01:02:24.880]  the test matches what they're charged with. A paper by Tulane University identified a five
[01:02:24.880 --> 01:02:29.840]  and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico,
[01:02:29.840 --> 01:02:35.360]  the specimen being only the second pocket shark ever captured or recorded with the other one
[01:02:35.360 --> 01:02:40.400]  being found way back in 1979 in the East Pacific Ocean. According to the university paper,
[01:02:40.400 --> 01:02:46.480]  the shark secretes a luminous fluid from a gland near its front fins for the purposes
[01:02:46.480 --> 01:02:50.320]  hypothesized to lure and prey who may be drawn into the glow.
[01:02:50.320 --> 01:02:57.920]  This is Wook Roadie with a lowdown for July 22, 2019.
[01:03:21.280 --> 01:03:31.920]  Yeah, I realize by my father's eyes, I will tell you the truth, I realize by my father's eyes,
[01:03:31.920 --> 01:03:47.360]  he has to be with the strength and with the, I will, A, my concern. I realize by my father's
[01:03:47.360 --> 01:03:56.160]  eyes, I will tell you the truth. Okay, we are back. Randy Kelton, Brett Fountain,
[01:03:56.160 --> 01:04:02.080]  Will La Radio, and we're going to Olivier in Florida.
[01:04:07.760 --> 01:04:15.360]  Okay, you were going after the state of Florida. Tell us what's happened since you were called in
[01:04:15.360 --> 01:04:26.960]  last. Not much, we just been going through the court procedure. I filed a motion. Oh, that's why
[01:04:28.000 --> 01:04:32.400]  three points, I want to get to real quick. I could save the time for someone else.
[01:04:33.200 --> 01:04:42.320]  Two points about one, the gentleman that was talking about the situation with the
[01:04:42.320 --> 01:04:48.560]  sister or something like that with the registration. Next time you talk to him, you could tell him
[01:04:49.200 --> 01:04:57.200]  that you could get her to do a void vagueness challenge against that statute,
[01:04:58.000 --> 01:05:04.480]  against all the reasons that they want to mention and relate it to the commerce and everything,
[01:05:04.480 --> 01:05:12.800]  and then already have them set up for the interlocutor appeal because we already know what
[01:05:12.800 --> 01:05:21.760]  is going to do with that. That was the, that was one thing. The second thing was with yours,
[01:05:22.880 --> 01:05:32.640]  you were talking about the, where they, where you was, where you were going after the issue
[01:05:32.640 --> 01:05:42.080]  of them not providing the defendants with that hearing, like the word of it, the
[01:05:43.440 --> 01:05:53.760]  examining trial. Examining trial, the examining trial. Well, in your state is written in the
[01:05:53.760 --> 01:06:00.640]  code or whatnot, but in Florida, I have not found that language in the code. So in I was
[01:06:00.640 --> 01:06:07.840]  figuring with states that don't have the language clearly written in the code,
[01:06:09.280 --> 01:06:16.160]  individuals in that state can challenge that statute for void vagueness because
[01:06:17.840 --> 01:06:25.680]  it, it restricts them from a right that they have, a protected right that they have,
[01:06:25.680 --> 01:06:32.880]  and I guess it would be a procedure, a violation of due process
[01:06:39.600 --> 01:06:46.160]  because they don't, they do not instruct the officers to take you to the examining trial.
[01:06:46.160 --> 01:06:52.800]  They, they, the statute states to arrest them and bring them to the county chair.
[01:06:52.800 --> 01:07:04.240]  Okay. The seminal case that we use to establish the federal right to a preliminary hearing is
[01:07:04.240 --> 01:07:13.280]  Gerstein-Pew. And Gerstein-Pew is a Florida case and it addressed exactly that issue,
[01:07:14.720 --> 01:07:21.840]  that Florida did not have it in their law to do this, but the federal constitution absolutely
[01:07:21.840 --> 01:07:31.120]  commands it. And they ordered Florida to include this in their procedures and in their law,
[01:07:31.120 --> 01:07:38.800]  but Florida didn't do it. So now you can go after them. It doesn't matter that the officer was
[01:07:38.800 --> 01:07:51.760]  following law. The law in Florida is unconstitutional. Okay. And that's what Gerstein-Pew established.
[01:07:51.760 --> 01:07:57.840]  If you read that whole case, a really hammered Florida for the lack of a preliminary hearing.
[01:07:59.440 --> 01:08:06.480]  Okay. So what, can I, you said it was on that website. Do you have the numbers
[01:08:07.760 --> 01:08:16.080]  tonight, hey? I think I sent it to you. If not, just send me an email and I will send you,
[01:08:16.080 --> 01:08:22.320]  have I sent you my due process, habeas corpus document?
[01:08:24.640 --> 01:08:31.840]  No. Okay. It goes through due process. Actually, you can find it on jurismimprudence.website.
[01:08:31.840 --> 01:08:55.040]  Gerstein-Pew is 420 US-103 and it's 1975. 420 US-103. 1975. Yeah. Gerstein is G-E-R-S-T-E-I-N
[01:08:55.040 --> 01:09:08.160]  versus P-P-U-G-H. And you might also want to look up, let's see,
[01:09:08.160 --> 01:09:15.600]  McLaughlin v. City of Riverside. This is the one that says they have to get you to a magistrate
[01:09:15.600 --> 01:09:27.120]  immediately, but if there is some, if they can establish an intermediate emergency,
[01:09:27.680 --> 01:09:33.360]  they can take up to 48 hours, but they have to show an emergency. That's
[01:09:35.040 --> 01:09:40.480]  City of Riverside v. McLaughlin. That's another seminal controlling case. If you will go to
[01:09:40.480 --> 01:09:46.960]  jurismprudence.website. Top frog on the, on your left as you're looking at it.
[01:09:48.560 --> 01:09:55.120]  Click on that and you can download this habeas corpus I wrote for a kid in Conroe.
[01:09:55.120 --> 01:09:59.760]  And it walks through due process and it has all these cases in it.
[01:09:59.760 --> 01:10:12.080]  In that City of Riverside v. McLaughlin, that's 500. 500. Sorry? Yeah, 500 US-44.
[01:10:12.080 --> 01:10:29.120]  Yeah, and it also says 111, Supreme Court 1661. And that is from the year 1991.
[01:10:29.680 --> 01:10:36.080]  Okay. Well, I like, thank you. I'm, I'm kind of funny this 420. I'm,
[01:10:36.080 --> 01:10:41.600]  I'm, I'm reading cases and stuff like that. This 420 is really sticking out to me. So
[01:10:41.600 --> 01:10:44.960]  there's a good student to you. I'm probably going to find something interesting out of that.
[01:10:45.520 --> 01:10:50.080]  But as far as my case, and I filed the
[01:10:51.920 --> 01:11:00.720]  voice of agents, I filed a motion to dismiss. The judge dismissed my case without the prosecutor
[01:11:00.720 --> 01:11:09.680]  having an opportunity to address. The judge dismissed the case to a spontane.
[01:11:10.560 --> 01:11:19.760]  And I mean, not, not in case the motion to a spontane. So that's a, that's an issue there.
[01:11:19.760 --> 01:11:31.760]  And what I have done is I'm preparing to, well, we, we expected that. Randy, you expected that.
[01:11:31.760 --> 01:11:40.560]  Or some type of dismissal. But the judge failed to conclude findings of facts and conclusions of
[01:11:40.560 --> 01:11:49.600]  law. So I had a court date coming up. I mean, I was on the 11th, I think on the 10th or 11th. And
[01:11:49.600 --> 01:11:55.600]  I was got called out. I meant to submit it earlier. But the day before I submitted the paperwork to
[01:11:55.600 --> 01:12:02.240]  the clerk for the finding of facts. I got that paperwork. She said that it's not going to get
[01:12:02.240 --> 01:12:08.000]  in the docket by tomorrow. So she gave me a copy so I could bring it to court. That's fine. That's,
[01:12:08.000 --> 01:12:13.040]  that's perfect. She gives me a copy. I go to court. The judge is sitting there.
[01:12:16.000 --> 01:12:19.760]  I want to submit the paperwork. The judge is sitting there trying to get me an attorney. I
[01:12:19.760 --> 01:12:25.360]  told him I don't want the attorney. He's asking me my applaud, my diss now. I'm like, no, no, no,
[01:12:25.360 --> 01:12:30.960]  no, no. Well, I'm going to appoint your attorney. I told him I don't want an attorney. I'm going
[01:12:30.960 --> 01:12:37.680]  for a fake. And then he's like, well, right now, I'm going for your attorney. There's another court
[01:12:37.680 --> 01:12:45.280]  date to deal with that. And then we'll address those issues, when those issues arrive. But right
[01:12:45.280 --> 01:12:49.680]  now I'm praying to your attorney. I said, okay, whatever. You understand? I'm not going to,
[01:12:49.680 --> 01:12:55.600]  I'm not going to sit here and argue any further than I have to. I said, why don't you just say.
[01:12:55.600 --> 01:13:02.720]  So I said, okay, what do I, I need to turn this into the file because I filed it yesterday.
[01:13:03.360 --> 01:13:13.280]  And the clerk told me that it would not get into the court before today. And then the judge was
[01:13:13.280 --> 01:13:19.440]  like, oh, what's that? I'm like, it's a motion. It's like a motion. I'm like, yeah. And then I said,
[01:13:19.440 --> 01:13:23.600]  you see, well, you got to file it with the court. I said, I said that already. It's already filed.
[01:13:23.600 --> 01:13:31.040]  It is, they gave me a copy submitted to you and stamped it. So the clerk, the officer brings it
[01:13:31.040 --> 01:13:37.840]  up to him and he starts reading. And then it's a, most of us find demanding for finding the facts
[01:13:37.840 --> 01:13:44.000]  and it starts reading. And it's basically a cue when the judge is, but once he sees his name in
[01:13:44.000 --> 01:13:49.360]  there and asks him for finding the facts, he's like, oh my God. So he's like, well,
[01:13:49.360 --> 01:13:56.640]  he tells, he says, he tells, I'm going to give the public defenders this paperwork and
[01:13:57.680 --> 01:14:05.280]  they'll, they'll figure out how you want to deal with it. And like the judge seemed so
[01:14:05.280 --> 01:14:12.000]  distraught when he read it, like the filing effect. It was like, I think they already knew
[01:14:12.000 --> 01:14:19.520]  that we were setting them up. Well, at that point, he definitely knew it was a setup to walk out.
[01:14:20.320 --> 01:14:25.200]  He started figuring it out, huh? Yeah, but it's too late. So you already,
[01:14:26.960 --> 01:14:34.480]  it's already, I already made the court record and I'm ready to get rid of the attorney,
[01:14:34.480 --> 01:14:42.160]  bar greens or whatever I have to do. So, and we're going to the appeals. I read, I read through Florida
[01:14:42.160 --> 01:14:50.880]  appeals courts and the appeals court, they seem to go by law. And they'll get turned over, you know,
[01:14:50.880 --> 01:15:02.880]  but they seem to give the credit to the defendant or more, more so what I have read. And then the
[01:15:02.880 --> 01:15:12.160]  higher courts overturn it, if there, if there was a problem. So it's the court of appeals,
[01:15:13.280 --> 01:15:20.880]  they live in a different place than the trial judge does. The court of appeals only rules on
[01:15:20.880 --> 01:15:30.400]  point of law and it is their job to maintain the sanctity of the body of law. So if they render
[01:15:30.400 --> 01:15:38.400]  a bogus ruling, then all of these lawyers can take that bogus ruling and use it in their cases. So
[01:15:39.200 --> 01:15:45.840]  the court of appeals are much more careful in how they rule. So that's, that's why we say,
[01:15:45.840 --> 01:15:51.760]  don't ever expect to win your case in the trial court. Appeals court where the action is. So
[01:15:52.880 --> 01:15:59.360]  this wouldn't be good because I'm good chance when the judge saw findings of fact, he realized
[01:15:59.360 --> 01:16:05.840]  that you were going to prepare a petition for interlocutory appeal.
[01:16:08.640 --> 01:16:16.080]  Because it's a dispositive motion and he knows that now you're going to really take him to the
[01:16:16.080 --> 01:16:23.600]  wall. So good. Right. And so that's why I was saying like the truth, the guy, the gentleman
[01:16:23.600 --> 01:16:29.360]  that you were talking to earlier, you could teach them to, when they have that to go down the avenue,
[01:16:30.080 --> 01:16:33.520]  if you're going to bring the, if they're forcing them to come to court, okay,
[01:16:34.000 --> 01:16:41.680]  just do it ahead of time, beat them to the parts. Okay. Hang on. About to go to our sponsors,
[01:16:42.240 --> 01:16:50.080]  Randy Kelton, Brett Fountain. Okay. Call in number five, one, two, six, four, six,
[01:16:50.080 --> 01:16:54.320]  1984. We've got a couple of empty slots. We'll be right back.
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[01:18:32.000 --> 01:18:38.960]  go to LogosRadioNetwork.com. Click on the Amazon logo and bookmark it. Now, when you order anything
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[01:18:45.440 --> 01:18:51.920]  anything different when I order? No. Can I use my Amazon Prime? No. I mean, yes. Wow. Giving
[01:18:51.920 --> 01:18:57.840]  without doing anything or spending any money. This is perfect. Thank you so much. We are
[01:18:57.840 --> 01:19:07.840]  Logos. Happy holidays, Logos. This is the LogosRadioNetwork.com.
[01:19:07.840 --> 01:19:23.840]  Oh, come on.
[01:19:23.840 --> 01:19:33.840]  Oh,
[01:19:54.000 --> 01:20:02.640]  okay. We are back. Randy Kelton, Brett Fountain, and we're talking to Olivier in Florida.
[01:20:05.680 --> 01:20:12.560]  Okay. Go ahead, Olivier. Yeah, I was saying as far as the gentleman you had earlier who had the
[01:20:13.760 --> 01:20:22.320]  ticket for the registration and anyone who had the state that does not properly address the
[01:20:22.320 --> 01:20:32.080]  way to arrest an individual can apply this void for vagueness process because
[01:20:32.800 --> 01:20:38.160]  it runs a lot faster than the court system does. If they're going to bring you to court and waste
[01:20:38.160 --> 01:20:48.640]  your time and do this, then I think it's a good maneuver to teach the public
[01:20:48.640 --> 01:20:59.360]  to file this void for vagueness on this and get them set up for a finding of facts that
[01:20:59.360 --> 01:21:05.680]  they don't give you finding of facts and an interlocutor appeal. By the time they have the
[01:21:05.680 --> 01:21:12.960]  time to move you with the court date, your interlocutor appeal would move a lot faster.
[01:21:12.960 --> 01:21:21.200]  Can you send me that argument? And I will make it available to anybody who wants to see it.
[01:21:22.400 --> 01:21:28.240]  And tell us that case again. You mentioned it before that you had found for void for
[01:21:28.240 --> 01:21:31.600]  vagueness. What was the case that you had as a basis for that?
[01:21:31.600 --> 01:21:45.680]  Well, we couldn't understand you. We said that again.
[01:21:46.880 --> 01:21:50.560]  I said there's several cases that I got to see if I could pull it up.
[01:21:50.560 --> 01:22:05.200]  It sounds like a good maneuver because you take them to the books. You take them to the books
[01:22:05.200 --> 01:22:10.560]  in the front end. And while you were saying that, I was thinking what I need to add to my traffic
[01:22:10.560 --> 01:22:21.440]  site is a preliminary request for findings of fact and conclusions that law on all the rulings
[01:22:21.440 --> 01:22:32.000]  that the court makes. Now, I know that a request for findings of fact prior to a ruling will be
[01:22:32.000 --> 01:22:41.360]  considered untimely. But that's not the purpose. The purpose is to give notice to the judge
[01:22:42.000 --> 01:22:49.360]  that we're going to ask for findings of fact on each ruling. So now you have to take a step back
[01:22:49.360 --> 01:22:57.680]  and be a little more careful how you rule. So maybe we'll get some better responses.
[01:22:57.680 --> 01:23:05.280]  The main thing we want to do is send them to the books. Did you find anything?
[01:23:06.800 --> 01:23:12.320]  Yes, and it keeps you from having the experience of jail time.
[01:23:14.000 --> 01:23:23.600]  Or, you know, further, it could be if I found a seat. Overboard is several. The United States versus
[01:23:23.600 --> 01:23:45.200]  Williams 553 U.S. 285. There's Oakland versus Ohio. I think those are another reference to see
[01:23:45.200 --> 01:24:05.680]  do I have void for vagueness analysis. We have state versus Drake 796SO.2D, 522, Florida Supreme
[01:24:05.680 --> 01:24:19.840]  Court explains void for vagueness, the legal analysis. I'll give you a broader to see. There's
[01:24:19.840 --> 01:24:39.280]  another one, Supreme Court. Candler versus Lawson 461 U.S. 352 Supreme Court 1998. Those cases
[01:24:39.280 --> 01:24:47.600]  will explain to you what is void for vagueness, what the statute has to explain to you and
[01:24:47.600 --> 01:24:56.160]  the languages. They have to have language explaining to the officers how to do things,
[01:24:56.160 --> 01:25:05.920]  and it cannot leave up to debate a difference that two individuals could come up with two
[01:25:07.120 --> 01:25:10.960]  different understandings of the statute that makes the statute.
[01:25:10.960 --> 01:25:18.720]  With that right criteria, every statute would be void for vagueness.
[01:25:20.800 --> 01:25:24.240]  As you get any two lawyers to look at it, you've got three opinions already.
[01:25:25.440 --> 01:25:32.400]  Right. So, me, I don't care how I do it. I want to resolve and I want fast action,
[01:25:32.400 --> 01:25:38.320]  and that's the fastest thing that I can see. Everything else, playing in their court,
[01:25:38.320 --> 01:25:47.840]  to their game on their time. This, you pull it out their court. We're going straight to the book,
[01:25:49.280 --> 01:25:56.800]  and it's faster. You say, I don't have to sit here six, seven, eight months. I put it in as
[01:25:56.800 --> 01:26:03.280]  soon as you arrest me or whatever. You deny the motion. You have 30 days to give me fighting
[01:26:03.280 --> 01:26:10.240]  a fascist you haven't provided, and then I locked up the case and brought it to the big board.
[01:26:12.000 --> 01:26:13.680]  Beautiful. Yes.
[01:26:14.320 --> 01:26:21.040]  Yes, but you just have to know you have to understand your argument and what right it is.
[01:26:22.800 --> 01:26:27.040]  But like some people say, right to travel is not right to travel. Travel means they're keeping
[01:26:27.040 --> 01:26:35.440]  you from going from one place to another. Right to use an automobile is what you have to say.
[01:26:36.080 --> 01:26:43.440]  Right to use an automobile as normal means of locomotion. The registration and the licenses
[01:26:43.440 --> 01:26:47.680]  and all that keeps you from the right that you have.
[01:26:47.680 --> 01:26:56.720]  Yes. Yes. Right to travel meant the right to travel from one state to another state.
[01:26:58.720 --> 01:27:02.240]  It didn't encompass traveling within the state. That was locomotion.
[01:27:03.520 --> 01:27:07.200]  Frankly, when you come across that, that was a great find.
[01:27:07.200 --> 01:27:16.480]  Because I've got to find something. Because if we have a right, it has to be explained.
[01:27:17.360 --> 01:27:20.720]  It took me about a year. But I finally figured it out.
[01:27:22.560 --> 01:27:28.960]  But yeah, I think they have to give a good, like as I'm listening, I'm like,
[01:27:28.960 --> 01:27:33.680]  well, you can use words of aimless in that way. It's all that case.
[01:27:33.680 --> 01:27:41.520]  Right. So now we need to teach ourselves how to regain power. They took the law out of the schools
[01:27:41.520 --> 01:27:44.400]  so that they can manipulate the system how they want.
[01:27:45.440 --> 01:27:51.920]  If they call just how the rules work and what the restrictions were, we wouldn't be in the state.
[01:27:54.800 --> 01:27:57.760]  So you're bringing them right out into the Fed.
[01:27:57.760 --> 01:28:07.200]  Right. When you bring them to the Fed, when you remove to the Fed,
[01:28:08.080 --> 01:28:14.640]  okay, you have to file an inability to pay. Otherwise, they'll make you pay. They're
[01:28:14.640 --> 01:28:23.360]  filing fee for Fed. Is that correct? Right. But in this case, I'm not moving to the Fed.
[01:28:23.360 --> 01:28:32.000]  I'm moving into a Fed issue. Now, you can have two going on simultaneously.
[01:28:35.280 --> 01:28:39.440]  You can have one in the state. And if you want, you can file one in the Fed.
[01:28:42.400 --> 01:28:49.200]  Same claims? Only same claims. It won't be the same claim because you'll be only,
[01:28:49.200 --> 01:28:56.400]  yeah, same claims, but you'll be addressing federal violations.
[01:28:58.560 --> 01:29:10.160]  So you can claim that it's void for vagueness in the state law as state law applies to it or state
[01:29:10.160 --> 01:29:20.480]  constitution. So theoretically, it could be sufficient to meet state law, but could still
[01:29:20.480 --> 01:29:25.600]  be void for vagueness under federal laws. Am I getting that right?
[01:29:27.680 --> 01:29:34.080]  No. I get it. I see where you're going with it, but that's not what they're saying. They're saying
[01:29:34.080 --> 01:29:40.240]  is that if something happens in the state, you have the right to challenge it in the state. But
[01:29:41.920 --> 01:29:47.200]  there's also federal protection. Okay, okay. Hang on. Hang on. We're about to go to our
[01:29:47.200 --> 01:29:53.040]  sponsors, Randy Kelton, Brett Fountain, rule of law radio. I'm not going to give out the
[01:29:53.040 --> 01:29:57.040]  calling number. We've got two more callers, so we'll be right back.
[01:29:57.040 --> 01:30:07.280]  A top cybersecurity expert has a warning for America. If you build an electrical smart grid,
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[01:31:18.880 --> 01:31:23.200]  The catastrophic failures caused by hackers, there's nothing smart about that.
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[01:33:27.440 --> 01:33:53.840]  Okay, we are back. Randy Kelton, Brett Felton,
[01:33:53.840 --> 01:34:00.960]  Rule of Law Radio on this Friday, the 18th day of December, 2020, and we're talking to
[01:34:01.600 --> 01:34:08.640]  Martichet Olivier in Florida. Okay, where were we?
[01:34:10.080 --> 01:34:18.000]  You would ask me about the jurisdiction about filing the cases in two different states and
[01:34:18.000 --> 01:34:27.680]  the state and the federal. How they looked at it was that as reading the doctrine, it's a doctrine
[01:34:27.680 --> 01:34:40.240]  as far as a right to be notified of a crime or a right for you to know what is a crime.
[01:34:40.240 --> 01:34:49.200]  And I think that's called nature and cause. Nature and cause. So the way that they explained it was
[01:34:49.200 --> 01:34:58.560]  that they argued that while he filed a voice of vagueness in the state, so it was a move in the
[01:34:58.560 --> 01:35:04.640]  federal court. The court stated that the voice of vagueness is a doctrine. He has a right to file
[01:35:04.640 --> 01:35:12.400]  it in the state if he has a charge amongst the state. And then he said that, but he said that
[01:35:12.400 --> 01:35:19.040]  even though if he didn't have a charge, the voice of vagueness does not operate that way.
[01:35:19.680 --> 01:35:26.320]  It also can operate if it violates someone else's. You have the right to
[01:35:26.320 --> 01:35:35.920]  challenge the statute if it violates someone else's or if it has the ability to violate one
[01:35:35.920 --> 01:35:44.480]  of your charges, right? And then he said that underneath that doctrine, the individual is
[01:35:44.480 --> 01:35:57.200]  asking the state or is asking the court to clarify an issue at law. And he said that
[01:35:58.160 --> 01:36:06.000]  underneath those interests, the federal court hold a vested interest to address any
[01:36:06.000 --> 01:36:16.000]  adversity because they're the ones that have the absolute jurisdiction
[01:36:17.360 --> 01:36:23.120]  as far as the constitutional amendment.
[01:36:27.120 --> 01:36:31.680]  I'm not sure I understand that, but I think I do.
[01:36:31.680 --> 01:36:37.840]  They have the higher power. You can challenge it in the state, but if you're challenging it
[01:36:39.200 --> 01:36:49.440]  because it's a question of law, we have the interest in answering and solving that question
[01:36:49.440 --> 01:36:54.560]  separate from the state. I'm thinking this in terms of Rooker Feldman.
[01:36:54.560 --> 01:37:03.360]  So if it's decided in the state, generally the Fed won't touch it under the Rooker Feldman doctrine,
[01:37:04.080 --> 01:37:12.800]  but this apparently gets passed that because void for vagueness is not just a state issue.
[01:37:14.960 --> 01:37:21.440]  But so the Fed also has a claimant, and that's wonderful. You get to take them
[01:37:21.440 --> 01:37:29.120]  on in two places. I guess I did understand because in this case, he filed the two cases
[01:37:29.120 --> 01:37:36.880]  were going on at the same time. So he had one going on in the state, and then he also turned
[01:37:36.880 --> 01:37:42.640]  around and filed one in the Fed. And they were trying to get it kicked out from the Fed because
[01:37:42.640 --> 01:37:48.320]  they're like, well, it's still going on in the state. The Fed says that's none of our business.
[01:37:48.320 --> 01:37:56.080]  And that's what it's going to say. So in the state, even if whatever ruling they get,
[01:37:56.080 --> 01:38:03.520]  they're speaking to a state law in the state, and that's none of the Fed's business.
[01:38:03.520 --> 01:38:10.960]  But if a state law can also interfere with a federal right, then that bypasses Rooker Feldman.
[01:38:10.960 --> 01:38:20.080]  Okay. And how does the federal CFR 49 come into play when that's because that's the
[01:38:20.640 --> 01:38:27.120]  motor vehicle stuff, the transportation that's all federal interstate that got adopted by
[01:38:27.920 --> 01:38:37.120]  the several states? How does that come into play? It doesn't. It comes into play because the same
[01:38:37.120 --> 01:38:44.160]  thing is common, is that they have a right to regulate it, but you have to regulate it properly.
[01:38:48.160 --> 01:38:56.160]  The only way, the two sets of code, one of them is for Washington, D.C., Puerto Rico, Guam.
[01:38:57.440 --> 01:39:03.680]  The other one are the states. And then the only portion of the transportation code that would be
[01:39:03.680 --> 01:39:12.240]  go to the Fed is that portion where you're traveling, where you're moving from one state
[01:39:12.240 --> 01:39:16.960]  to another, that would be exclusively fed. But then that would only be that portion of the
[01:39:16.960 --> 01:39:26.720]  transportation code that went to travel or went to move interstate. I would think.
[01:39:26.720 --> 01:39:34.400]  But I'm just shooting from the hip there because that's not a issue I've looked very closely at.
[01:39:34.400 --> 01:39:40.880]  Have you looked at that, Martichet? I'm still trying to understand over what he's asking.
[01:39:44.000 --> 01:39:54.000]  Well, the federal, the CFR 49 is what's the basis of our several states' transportation codes or
[01:39:54.000 --> 01:40:02.720]  motor vehicle codes. And it's all about federal interstate. It's why you say in Washington,
[01:40:02.720 --> 01:40:11.600]  D.C., it's because it's a United States of America thing. It's not a state thing. But the states have
[01:40:11.600 --> 01:40:27.120]  adopted and they reference profusely this federal CFR 49. So it makes me wonder to what extent
[01:40:27.840 --> 01:40:34.640]  the Fed has an interest in protecting or adjudicating something about that.
[01:40:34.640 --> 01:40:42.880]  Well, the penal code code of criminal procedure are essentially the same thing. The federal
[01:40:42.880 --> 01:40:50.480]  government produced a model code and asked all the states to adopt it. And all of them did with
[01:40:50.480 --> 01:40:59.040]  three. And the three who didn't adopt the model codes, their codes are almost identical anyway.
[01:40:59.040 --> 01:41:09.280]  So it wasn't necessary. Like if you look in Pennsylvania, their criminal procedure code is
[01:41:10.320 --> 01:41:19.920]  under, I think, title section 18. It's either 15 or 16 or 17 or 18. But you've got penal code and
[01:41:19.920 --> 01:41:26.560]  code of criminal procedure right next to each other. You go through them. They look just like our code
[01:41:26.560 --> 01:41:34.960]  with minor variations. And then the federal code, the federal adopted it first. Each state adopted
[01:41:34.960 --> 01:41:42.240]  it. So each one is operative in their separate jurisdictions. They just happen to be very similar.
[01:41:42.240 --> 01:41:51.120]  And that was the idea. So you could move from one jurisdiction to another and pretty well know
[01:41:51.120 --> 01:41:57.440]  what was illegal and what was not illegal. But as far as I know, the two don't overlap just because
[01:41:57.440 --> 01:42:06.240]  they look alike. Was that what you were asking, Brett? Yeah, that makes sense.
[01:42:08.560 --> 01:42:16.640]  Well, I just made all that up. You said something earlier, Brett, about something making sense.
[01:42:16.640 --> 01:42:25.760]  And when you look at the law and, you know, people listen to me spouting out all these laws and
[01:42:26.320 --> 01:42:33.120]  they think I know all these laws. I don't. There's a few that are common to what I'm doing.
[01:42:34.160 --> 01:42:42.800]  Martichet is addressing another area. And I don't know that area. So he knows that area.
[01:42:42.800 --> 01:42:48.080]  But once you've worked with law for a while, you can look at it. And it's like what you said,
[01:42:48.080 --> 01:42:57.600]  Brett. If it seems like something should be a certain way, if your reason and good sense
[01:42:57.600 --> 01:43:04.400]  says it should be a certain way, you can almost bet it is. The laws are very well constructed.
[01:43:04.400 --> 01:43:13.120]  So look to what's right and then go look in the law. Sometimes you'll get tripped off,
[01:43:13.120 --> 01:43:19.680]  but most of the time you won't. People ask me about things that I don't know the law exactly.
[01:43:20.640 --> 01:43:28.400]  But I know what reasonable people of ordinary prudence would tend to do.
[01:43:28.400 --> 01:43:35.680]  And almost always you're dead on law. Just go look up. It's just a matter of finding it.
[01:43:36.320 --> 01:43:46.640]  We do have a great body of law. And I kind of took that section or that segment away from you.
[01:43:47.680 --> 01:43:50.480]  Martichet, we'll pick you up when we come back on the other side.
[01:43:50.480 --> 01:43:59.120]  No, no. I'm finished. Okay. Thank you, Martichet. When we come back, we'll grab that.
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[01:46:27.360 --> 01:46:50.640]  Okay, we are back. Andy Kelton, Brett Fountain, LulavLaw Radio, and we're going to David in Texas.
[01:46:50.640 --> 01:47:00.080]  David, are you in Texas? That's what's in our database. Hello, can you hear me? Hello, I can
[01:47:00.080 --> 01:47:11.440]  hear you. Oh, okay. Yeah, I had this case that's in the Federal District, and they went to a summer
[01:47:11.440 --> 01:47:23.760]  judgment on it, and they said that I'm non-moving. I'm a non-moving party. What is your standing in
[01:47:23.760 --> 01:47:33.200]  the case? Are you the plaintiff and defendant? Oh, I'm the plaintiff. Okay, did you move for
[01:47:33.200 --> 01:47:40.800]  summer judgment or are you the other party? The other party, yes. That means you're the non-moving party.
[01:47:43.040 --> 01:47:49.440]  Well, how would I be the non-moving party? In regards to that particular motion, you're not
[01:47:49.440 --> 01:47:55.120]  the one that filed that motion is what they mean. They're referring to you as the other party, not
[01:47:55.120 --> 01:48:10.080]  the moving party for that motion. Well, how come the judge moved the motion to summer judgment?
[01:48:13.120 --> 01:48:16.480]  Wait a minute. The judge can't move for summer judgment?
[01:48:16.480 --> 01:48:31.760]  Oh, the judge, he does whatever he wants. Let me see. They didn't have a warrant or anything
[01:48:32.480 --> 01:48:39.840]  to come on to the property in the first place, but in the minimum random here, they start out with
[01:48:39.840 --> 01:48:47.280]  a, my name, is a frequent visitor to the court. So I try to explain to them about the First Amendment.
[01:48:47.280 --> 01:48:55.040]  Then he goes on here and says that they were allowed to re-inspect and then re-inspect the
[01:48:55.040 --> 01:49:03.920]  property, I guess without a warrant. So then they turn around and kept going here and says,
[01:49:03.920 --> 01:49:09.840]  uh, the judge's motion to strike the criminal complaint that I filed against the lawyer
[01:49:10.400 --> 01:49:17.600]  and the complaint, the public servant, and I filed criminal charges against the federal judge.
[01:49:18.480 --> 01:49:24.480]  Wait, hold on, hold on. You said the judge moved to strike the criminal complaint?
[01:49:26.240 --> 01:49:26.640]  Right.
[01:49:26.640 --> 01:49:33.280]  Right. Judge doesn't have standing to move to do anything. I would have judged.
[01:49:33.840 --> 01:49:39.920]  The judge's motion to strike the criminal complaint, memorandum.
[01:49:41.040 --> 01:49:48.240]  This is a civil case, the judge, that should get a subject matter jurisdiction challenge.
[01:49:50.160 --> 01:49:53.360]  Oh, I tried that a long time ago. They just ignored that.
[01:49:53.360 --> 01:49:58.320]  No, in this issue, it's not about that. It's about setting the record for appeal.
[01:50:00.160 --> 01:50:08.720]  Oh, that was that here. They said that, um, from the exact word here, uh,
[01:50:10.480 --> 01:50:18.720]  I appear to be rash. Oh, I appear to rehash the county court proceeding.
[01:50:18.720 --> 01:50:29.440]  Well, uh, and then it says it goes to rule federal 56. Well, if I didn't have a county court, uh,
[01:50:29.440 --> 01:50:35.360]  proceedings, I wouldn't have been able to file this suit in federal court. Now, would I?
[01:50:38.640 --> 01:50:45.440]  I'm not sure how to answer that. Uh, well, it says, it says here in rule 56,
[01:50:45.440 --> 01:50:54.400]  motion for summary judgment and deciding two particular parts of the material in the record.
[01:50:55.680 --> 01:51:01.120]  So your country, your federal, it says right in their, their federal rule.
[01:51:03.840 --> 01:51:11.600]  Right. Okay. Let me understand why they would get to this accuser of rehashing. That would sound
[01:51:11.600 --> 01:51:21.200]  like they're going to rescue Dakota. So, uh, you're in the federal court because in the state court,
[01:51:22.240 --> 01:51:27.280]  you're alleging that they violated federal protections.
[01:51:29.520 --> 01:51:35.280]  And then the court is saying you're rehashing the state court. Well, in case, well, of course you are.
[01:51:35.280 --> 01:51:44.800]  That's your grounds for being in the Fed. I think that, uh, I am frequent visitor to the court.
[01:51:45.840 --> 01:51:50.960]  They, they keep saying that and all these memorandum, but I got like a half a dozen memorandum
[01:51:50.960 --> 01:51:56.400]  facts and every time they stipulate how many times I filed in the court. Well, what business
[01:51:56.400 --> 01:52:00.960]  is there that I filed in the court? It says right in the first amendment,
[01:52:00.960 --> 01:52:07.440]  redress the grievance. So whenever they file something on me, I have to file a redress
[01:52:07.440 --> 01:52:14.720]  agreement. Am I right? Exactly. Okay. And if that was something to be complained about,
[01:52:14.720 --> 01:52:21.120]  then the attorney would be in hotter water than you. Well, I don't know. He's more frequent
[01:52:21.120 --> 01:52:28.320]  visitor to the court. I filed for the FBI and I filed with a state attorney general.
[01:52:28.320 --> 01:52:32.240]  And I barked all the way around.
[01:52:36.160 --> 01:52:40.720]  I'm wondering, uh, have you received any Christmas cards from these guys?
[01:52:43.120 --> 01:52:51.440]  Oh, no. That's the punishment you get. So I don't understand this. They're saying
[01:52:51.440 --> 01:53:00.320]  that you're rehashing the state court in the Fed. Who is saying that? The judge or opposing
[01:53:01.120 --> 01:53:05.920]  council? Well, Proctor, if you wind up from there, they stipulate this loopy case law and every
[01:53:05.920 --> 01:53:13.200]  time I look up their case law, it has nothing to do with my case. Oh my. Wow. Hold on. Hold on.
[01:53:13.200 --> 01:53:24.400]  And wait a minute. Wait a minute. They bring up the cases on citations. My case is on the law.
[01:53:24.400 --> 01:53:29.600]  There is no law on that. I'm asking them to produce the law. They can't produce the law.
[01:53:29.600 --> 01:53:35.760]  They couldn't even produce the deed to the property or anything else in county court.
[01:53:35.760 --> 01:53:45.520]  Okay. Wait. Ask the city attorney to just come up often and the city attorney replies,
[01:53:45.520 --> 01:53:51.360]  well, he's just, maybe once in a while they do ask for the deed. Now, I'm a landlord here
[01:53:51.360 --> 01:53:56.160]  and I know one thing. They won't let you in the court unless you bring the deed with it.
[01:53:56.160 --> 01:54:09.920]  Right? I don't know. You lost me there. You had a little excited. You made a statement earlier
[01:54:09.920 --> 01:54:17.520]  that they filed case law. Wait a minute. We both can't talk at the same time.
[01:54:18.800 --> 01:54:24.560]  We have suppressors on the system that'll push your voice under mind so we get just bits and pieces.
[01:54:24.560 --> 01:54:34.080]  Hold on. I have a question. You said they cited case law that did not apply.
[01:54:36.320 --> 01:54:42.800]  That is about the worst thing a lawyer can do. That'll get a lawyer sanctioned quicker than
[01:54:42.800 --> 01:54:50.320]  anything. If they misside a case to the court, that should get a bar grievance every time and
[01:54:50.320 --> 01:55:01.120]  a motion for sanctions. Well, the point of case is there that some lady, some
[01:55:02.400 --> 01:55:10.080]  the cafeteria workers, some blades got discriminated against and they put that case law in
[01:55:11.200 --> 01:55:19.200]  trying to stipulate that I'm discriminating against the lawyer for some reason because I
[01:55:19.200 --> 01:55:29.520]  trial criminal charges against a lawyer. I didn't raise it. Okay. This is real serious.
[01:55:30.640 --> 01:55:36.800]  You filed a criminal charge. When you file a criminal charge, you become a protected class.
[01:55:37.760 --> 01:55:44.400]  You can call this retaliation and witness tampering. An obstruction of justice.
[01:55:44.400 --> 01:55:51.920]  These guys are dancing around in really deep water right now.
[01:55:52.720 --> 01:56:00.320]  The filing is all on them, but they won't take them in the local court. If I file something in
[01:56:00.320 --> 01:56:07.840]  the federal court, they usually just pass them off or whatever. They write me stuff like this.
[01:56:07.840 --> 01:56:14.320]  Like I said right here, the court's previous screen and dismiss as a
[01:56:14.320 --> 01:56:19.920]  rival suit from me. I mean, they always put that in there.
[01:56:22.720 --> 01:56:26.480]  Well, of course. The other side, if you're a pro se, they're always going to call what you're
[01:56:26.480 --> 01:56:35.280]  doing for us. Have you listened to our routine on how we file federal charges?
[01:56:35.280 --> 01:56:43.440]  Yeah, that's what I've been doing. Okay. Have you been filing with the grand jury?
[01:56:44.400 --> 01:56:50.480]  I filed with the grand jury. I went to the federal courthouse and put it in the box.
[01:56:51.520 --> 01:57:02.400]  Did you go after the U.S. attorney for tampering with the government document for
[01:57:02.400 --> 01:57:07.520]  secreting criminal complaints from the grand jury? I barked with him twice.
[01:57:08.800 --> 01:57:14.160]  No, did you file criminally against him? Oh, I'm getting ready to do that.
[01:57:14.960 --> 01:57:20.560]  Yeah, file against him with the special agent charge and then file against both of them with
[01:57:20.560 --> 01:57:24.400]  the U.S. attorney and, I mean, with the attorney general in D.C.
[01:57:24.400 --> 01:57:35.840]  Lots of politics is going on here. I was going to file against Barr himself,
[01:57:37.040 --> 01:57:41.760]  but I hear he's leaving. So, you know, with this holiday, it's a little iffy.
[01:57:44.320 --> 01:57:48.240]  Well, you could still file against him. It won't make any difference if he committed a crime.
[01:57:48.240 --> 01:57:55.440]  Resigning from office won't help a bit. He's probably going to retire, so it wouldn't hurt him.
[01:57:56.080 --> 01:58:02.000]  Yeah. You have to be effective. If they're getting a new one, you can file with the
[01:58:02.000 --> 01:58:06.960]  new one. He might actually, it's not about getting them to do something. It's about the politics.
[01:58:08.000 --> 01:58:13.440]  It gets everybody upset at the ones who started all this. And this is started in a
[01:58:13.440 --> 01:58:18.960]  municipal court when you're going after high-level federal officials because of these chumps down
[01:58:18.960 --> 01:58:24.560]  at the bottom. You get lots of political action. Then you come back to the chumps at the bottom
[01:58:24.560 --> 01:58:30.320]  and get them to make a deal, especially when they got a federal judge and U.S. attorneys really
[01:58:30.320 --> 01:58:39.120]  peed at them. This is about politics at the end of the day. Oh, and this is about us being out of time.
[01:58:39.120 --> 01:58:47.920]  Randy Kelton, Brett Fountain, thank you all for listening. We'll be back next week. Thank you for calling David. Good night.
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