ROL_2021-04-01_16k.timecode
[00:00.000 --> 00:07.000] The Falling News Clash is brought to you by The Lone Star Lowdown.
[00:30.000 --> 00:52.680] Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.680 --> 00:58.040] on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:58.040 --> 01:05.040] 10 and injuring 40 teen history.
[01:05.040 --> 01:09.720] In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp into
[01:09.720 --> 01:14.360] Texas law back in June, county prosecutors around the state, including Houston, Austin
[01:14.360 --> 01:18.360] and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.360 --> 01:23.000] new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:23.000 --> 01:25.000] to test the herb for THC.
[01:25.000 --> 01:28.680] Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.680 --> 01:33.360] she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.360 --> 01:34.360] law.
[01:34.360 --> 01:37.880] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.880 --> 01:42.360] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.360 --> 01:48.520] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.520 --> 01:51.480] well as other cities too, like the District Attorney.
[01:51.480 --> 01:57.600] In El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law, quote,
[01:57.600 --> 02:02.000] will not have an effect on the prosecution of marijuana cases in El Paso.
[02:02.000 --> 02:07.000] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:07.000 --> 02:11.000] in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:11.000 --> 02:13.720] something illegal based on its chemical makeup.
[02:13.720 --> 02:17.600] It's important that if someone is charged with something, the test matches what they're
[02:17.600 --> 02:22.840] charged with.
[02:22.840 --> 02:27.480] A paper by Tulane University identified a five-and-a-half-inch American pocket shark
[02:27.480 --> 02:32.600] as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.600 --> 02:38.280] shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.280 --> 02:39.280] Pacific Ocean.
[02:39.280 --> 02:44.040] According to the university paper, the shark secretes a luminous fluid from a gland near
[02:44.040 --> 02:50.320] its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.320 --> 03:16.320] clove.
[03:16.320 --> 03:21.040] I'm not really sure if we're on there, but I'm pretty sure we are.
[03:21.040 --> 03:25.700] If you're not hearing me, call me and tell me.
[03:25.700 --> 03:29.720] Raise your hand if you don't hear us.
[03:29.720 --> 03:31.400] Raise your hand.
[03:31.400 --> 03:34.600] Here we are on Thursday.
[03:34.600 --> 03:38.780] We were just joking about that, by the way.
[03:38.780 --> 03:41.880] April 1, 2021.
[03:41.880 --> 03:52.880] Okay, Randy Helton Brett Fountain, and screwing up the intro is appropriate for April Fool's Day.
[03:52.880 --> 04:04.880] Okay, I'll start out. I'm going to open the phones. A call in number 512-646-1984.
[04:04.880 --> 04:10.880] If you have a question or comment, give us a call. We'll be taking your calls all night.
[04:10.880 --> 04:19.880] I'm going to start out talking about what I've been doing getting set up for Wise County.
[04:19.880 --> 04:28.880] Most of you who listen regularly know that I was arrested in Wise County and had to spend the night in jail
[04:28.880 --> 04:35.880] and wound up getting bit by a brown recluse. I think it came out of the blanket they gave me.
[04:35.880 --> 04:41.880] I know it was a brown recluse because that's not the first time I've been bitten by one.
[04:41.880 --> 04:55.880] And I still have some remnants of MRSA. MRSA is a resistant infection that people generally get in hospitals.
[04:55.880 --> 05:08.880] It's resistant to what do you call them? Antibacterials and antibiotics.
[05:08.880 --> 05:15.880] Antibiotics, that's the word I was looking for. And you get it from hospitals, but you also get it from spiders.
[05:15.880 --> 05:23.880] The worst thing about a spider is not the venom. The venom essentially for most spiders just numb you.
[05:23.880 --> 05:30.880] And most of the time when you get bit by a spider, if you don't see it bite you, you don't know it bit you.
[05:30.880 --> 05:37.880] It's just a tiny, almost microscopic little pinprick.
[05:37.880 --> 05:47.880] And the problem with a spider is it injects a bacteria, essentially a flesh-eating bacteria.
[05:47.880 --> 05:56.880] Now if it's a small insect, it will literally devour the insect and dissolve the insect.
[05:56.880 --> 06:04.880] And then the spider will suck the juice out. It sounds pretty gruesome, but human beings are too big for that.
[06:04.880 --> 06:15.880] So a spider will bite you and inject a bacteria and it e-behold out depending on how resistant your system is to the spider bite.
[06:15.880 --> 06:26.880] I've seen people, you know, if you look on the internet at the effects of brown recluse spider bites, they can be pretty gruesome.
[06:26.880 --> 06:31.880] And my first one was really gruesome. It was tough.
[06:31.880 --> 06:39.880] But I learned how to handle it. The second one wasn't anywhere near as bad because I knew how to treat it right away.
[06:39.880 --> 06:54.880] But it still left me, this one was actually turned out to be worse because while I got bitten on my head, I was working about a week later and I was doing some overhead torch work.
[06:54.880 --> 07:05.880] And sometimes when you're doing metal over your head, you get these little round goobers and they hit you, they go right through your clothes and burn you.
[07:05.880 --> 07:20.880] But I got one on my thigh and now I have a scar about as big as a silver dollar that took me two or three months to get rid of the infection that occurred there because of the MRSA infection.
[07:20.880 --> 07:23.880] Your standard antibiotics will not affect it.
[07:23.880 --> 07:41.880] So all of that is how I sued them while I sent them a tort letter. And what I've been trying to do is demonstrate to them how bad they screwed up.
[07:41.880 --> 07:49.880] They really, really screwed up. I had a sergeant on the sheriff's department. He knew me.
[07:49.880 --> 08:05.880] He knew what I did and he was so arrogant to the point of hubris. He arrested me to prevent me from filing criminal charges against him.
[08:05.880 --> 08:29.880] Imagine you're a bailiff for the courthouse and you intrude in a meeting with the prosecutor, the district attorney, and someone you know is there to file criminal charges against you and you arrest him.
[08:29.880 --> 08:36.880] What would make you think you could get away with something like that?
[08:36.880 --> 08:43.880] The system would have to be incredibly screwed up for that to happen.
[08:43.880 --> 09:02.880] And it is. He actually somehow imagined that he could get away with that. And I suspect the reason he thought he could is because I was there to file criminal charges with the district judge.
[09:02.880 --> 09:14.880] And the district judge called him to have him come down there and make sure I couldn't get to the district judge to file these complaints with him.
[09:14.880 --> 09:20.880] So he was pretty sure the district judge would protect him.
[09:20.880 --> 09:36.880] A two-bit bailiff, you really think the district attorney, the district judge could care less about you. He will throw you behind under the bus in a heartbeat.
[09:36.880 --> 09:42.880] But Riggs is apparently not the sharpest knife in the drawer.
[09:42.880 --> 09:57.880] He wrote a statement, took him a month and a half to produce a probable cause statement. And in that statement, he said that the district judge called me there because I called the Riggs there.
[09:57.880 --> 10:19.880] Normally a bailiff. Because he feared for his safety and called him there to escort him into the courthouse, what he was really there for is to make sure I didn't give criminal charges to him against the county judge.
[10:19.880 --> 10:34.880] What he didn't know is I had criminal charges against the Chief Justice of the Texas Supreme and the presiding judge of the Court of Criminal Appeals.
[10:34.880 --> 10:43.880] That brings them all to Austin. That's what I was setting them up for. So I could bring them all to Austin.
[10:43.880 --> 10:54.880] So he blocked me from the district attorney's office. Actually, the bailiff, Dick Woods, blocked me first.
[10:54.880 --> 11:06.880] And when he did, I asked Riggs to arrest Woods. And he said, I'm not going to arrest Mr. Woods and you're not going in that office.
[11:06.880 --> 11:14.880] I said, well, that's awkward. I would ask you to arrest yourself, but I don't see that working out too well.
[11:14.880 --> 11:22.880] And I could ask Dick to arrest you for not arresting Dick, but I don't see that working out too good either.
[11:22.880 --> 11:36.880] So I see what the prosecutor attorney says. They were between me and the district judge's office. Well, across the hallway was the district attorney's office.
[11:36.880 --> 11:44.880] So they're between me and the district judge, and they can't block me from the district attorney. I've been there before they can do anything.
[11:44.880 --> 11:56.880] And when I went in to talk to the DA, they came in and he wound up arresting me for a disorderly conduct.
[11:56.880 --> 12:05.880] I'm in the private office of the district attorney. You cannot commit disorderly conduct in private.
[12:05.880 --> 12:18.880] And he accused me of foul language. He put in his statement that I said, shit.
[12:18.880 --> 12:26.880] And I did. I probably did a couple of times. And he also accused me of saying bullshit.
[12:26.880 --> 12:35.880] And I probably did that too. Was that right when you looked over at him? No.
[12:35.880 --> 12:42.880] It was when he told me, I think I was talking to DA and he said, you can't use that language.
[12:42.880 --> 12:49.880] And I didn't know what he was talking about. And I told him, shut up mind your own business.
[12:49.880 --> 12:57.880] And that Europe, a police officer, your peace cannot be breached. So he said, oh, mind your own business.
[12:57.880 --> 13:05.880] That's when he arrested me. I actually defied him.
[13:05.880 --> 13:11.880] I did not do what he said when he said how he said immediately.
[13:11.880 --> 13:20.880] How dare me? Shamey, shamey. So he took me to jail.
[13:20.880 --> 13:30.880] Well, I have filed an 11.4 million dollar tort letter with the county commission's court.
[13:30.880 --> 13:34.880] And there's 60 days to be up shortly.
[13:34.880 --> 13:43.880] And I have talked to all of the chiefs of police. And so far I've got three on board.
[13:43.880 --> 13:48.880] I suspect I'll get the fourth on board on doing examining trials.
[13:48.880 --> 13:56.880] And I told them I'm about to unleash a firestorm on the sheriff's department, a legal firestorm.
[13:56.880 --> 14:01.880] But I don't want to include municipalities.
[14:01.880 --> 14:10.880] So I got them to agree to look at the legality and the utility of doing examining trials.
[14:10.880 --> 14:21.880] Before your officer throws somebody in jail, I want them to call the JP and get the JP to give them authorization to do that.
[14:21.880 --> 14:25.880] That way, and they're not liable.
[14:25.880 --> 14:30.880] Right now, the way they're doing it, every arrest makes them liable.
[14:30.880 --> 14:35.880] And I'm going to land on the sheriff's deputies like a ton of bricks.
[14:35.880 --> 14:42.880] First degree felony aggravated assault for arresting someone and taking them directly to jail and suited to the nearest magistrate.
[14:42.880 --> 14:45.880] Official oppression.
[14:45.880 --> 14:55.880] A TECO complaint. And I'll be preparing civil suits that I'll make available to the people who were arrested.
[14:55.880 --> 15:11.880] A criminal complaint against the chief deputy and a TECO complaint against the chief deputy for every single arrest.
[15:11.880 --> 15:22.880] And I just talked to Scott Richardson and he has a very large following on YouTube and he's put some blasts out to them telling them what I'm doing.
[15:22.880 --> 15:34.880] And he's gotten some 2000 people that have agreed to take my complaints and file them themselves.
[15:34.880 --> 15:48.880] So what are these guys going to do when they start getting criminal complaints by the stat from people all over the state and even people outside the state?
[15:48.880 --> 15:58.880] If I have reason to believe and do believe that a crime was committed in Tennessee, I can report that crime.
[15:58.880 --> 16:09.880] So if someone outside of Texas has reason to believe and does believe that a crime was committed in wise kind of Texas, there's nothing preventing them from giving notice to that crime.
[16:09.880 --> 16:27.880] As a matter of fact, if a felony is involved and someone is in Texas, what the law actually says is there is a felony involving bodily injury that you are knowledgeable of and you don't report it.
[16:27.880 --> 16:29.880] That's a classic misdemeanor.
[16:29.880 --> 16:43.880] But since there is any criminal act you can be prosecuted for not reporting, you absolutely cannot be liable for reporting crime.
[16:43.880 --> 16:48.880] So everybody's free to report all the crime they want to.
[16:48.880 --> 16:50.880] We'll see how that works out for them.
[16:50.880 --> 16:59.880] Hang on, Randy Kelton, Brett Fountain, Louisa Radio, we'll be right back.
[17:20.880 --> 17:44.880] We'll be right back.
[17:44.880 --> 17:59.880] We wish to reflect God's light and to be a blessing to all those who have a hearing ear. So tune into Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. for an inspiring and motivating study of the Scriptures.
[17:59.880 --> 18:05.880] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[18:49.880 --> 19:00.880] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors next.
[19:00.880 --> 19:10.880] You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[19:30.880 --> 19:53.880] Here is the life, the overwhelms, the darkness. Here is the kingdom that forever reigns.
[19:53.880 --> 20:06.880] Okay, we are back. Randy Kelkins, RedFound BlueBull Radio on this Thursday, April, Tuesday, 2021.
[20:06.880 --> 20:22.880] And I'm talking about what I'm setting up for Wise County, but in the process, this gives me the reason to build the tool so that everybody can start using it.
[20:22.880 --> 20:34.880] The first thing, I transferred ProSafeFromHell.com to my server. Now I'll build a website on there.
[20:34.880 --> 20:39.880] And the first thing I'll put on there are these complaints against Wise County.
[20:39.880 --> 20:50.880] So anybody who wants to help stir them up and just get a little practice in filing complaints and working the system, you can go online.
[20:50.880 --> 20:57.880] I'll have all these documents on there. You can download them, sign them before I magistrate and send them.
[20:57.880 --> 21:02.880] But I have to warn you, there's a lot of them.
[21:02.880 --> 21:14.880] I've got about 20 lawyers. I downloaded about 100. You can't get their stuff online, so you have to go down there.
[21:14.880 --> 21:26.880] And they think it makes it harder on me, but it allowed me to sit in the clerk's office and drive them crazy.
[21:26.880 --> 21:40.880] Because I ask them questions so that I can explain why I'm asking the question in a way that'll cause them to go to the sheriff and say, this guy's fixing to kick your behind.
[21:40.880 --> 21:48.880] I'm looking in your records and I don't see a 16.17 order.
[21:48.880 --> 21:50.880] And they say, huh?
[21:50.880 --> 21:59.880] They say, well, in order to create a criminal case, there must be a complaint.
[21:59.880 --> 22:03.880] And they say, well, we have one. I say, yeah, you do.
[22:03.880 --> 22:06.880] But that's required to be given to a magistrate.
[22:06.880 --> 22:14.880] I don't understand how you got it because I don't see any evidence of a sealed document in the record.
[22:14.880 --> 22:22.880] And the only way you're supposed to get a complaint is from a magistrate after an examining trial under 17.30.
[22:22.880 --> 22:30.880] That tells the magistrate after an examining trial, the magistrate shall seal all documents head in the hearing.
[22:30.880 --> 22:48.880] It specifically references the order under 16.17 and all other documents had in the hearing in an envelope sealed up with these name written across the seal of the envelope.
[22:48.880 --> 22:59.880] In all of my research in law, I have never seen anything requiring that a document be sealed except there.
[22:59.880 --> 23:03.880] And forward it to the clerk of the court of jurisdiction.
[23:03.880 --> 23:08.880] So that's how the court gets a jurisdiction.
[23:08.880 --> 23:12.880] So how did you guy?
[23:12.880 --> 23:15.880] Yeah, and then 1731 tells the duty of the clerk.
[23:15.880 --> 23:16.880] Oh yeah, that's good.
[23:16.880 --> 23:17.880] What the clerk is supposed to do with it.
[23:17.880 --> 23:18.880] Oh, this is good.
[23:18.880 --> 23:19.880] Now the clerk...
[23:19.880 --> 23:20.880] Everybody...
[23:20.880 --> 23:23.880] Don't you ever do your duty here? This is what you're supposed to do.
[23:23.880 --> 23:24.880] Here's what it says.
[23:24.880 --> 23:29.880] Everybody in Texas should read 1731.
[23:29.880 --> 23:32.880] Go ahead, Brett.
[23:32.880 --> 23:35.880] It tells the clerk what she's supposed to do.
[23:35.880 --> 23:43.880] He or she, when they receive this envelope from the judge that's all sealed up with his name written across it.
[23:43.880 --> 23:44.880] And that's their duty.
[23:44.880 --> 23:45.880] That's part of their job.
[23:45.880 --> 23:47.880] That's imposed on them by law.
[23:47.880 --> 23:50.880] It's not just, oh, well, here, can you make a copy of this?
[23:50.880 --> 23:55.880] This is straight up their sworn duties.
[23:55.880 --> 23:57.880] Read it.
[23:57.880 --> 24:00.880] Oh, yeah.
[24:00.880 --> 24:01.880] I got it.
[24:01.880 --> 24:02.880] I got it in my head.
[24:02.880 --> 24:04.880] 1731.
[24:04.880 --> 24:09.880] This is code of criminal procedure, duty of clerks who receive such proceedings.
[24:09.880 --> 24:18.880] If proceedings be delivered to a district clerk, he shall keep them safely and deliver the same to the next grand jury.
[24:18.880 --> 24:22.880] Yeah, what part of that is hard to understand?
[24:22.880 --> 24:23.880] Yeah.
[24:23.880 --> 24:32.880] If the proceedings are delivered to a county clerk, he shall, without delay, deliver them to the district or county attorney of his county.
[24:32.880 --> 24:34.880] Straight up.
[24:34.880 --> 24:35.880] Yeah.
[24:35.880 --> 24:37.880] Do you even know your job?
[24:37.880 --> 24:38.880] Do you even know your job?
[24:38.880 --> 24:40.880] Yeah.
[24:40.880 --> 24:56.880] And the Texas Constitution, I think it's Article 1, Section 17, requires that all criminal cases go to a grand jury.
[24:56.880 --> 24:58.880] It's right there in the Constitution.
[24:58.880 --> 25:02.880] They're not following that, but we'll give to that.
[25:02.880 --> 25:04.880] That's not a fight I'm having now.
[25:04.880 --> 25:19.880] But the question is, 16.17, a policeman, when he has knowledge that a crime has been committed, or I should say in Texas, a peace officer,
[25:19.880 --> 25:26.880] because there is a difference between a policeman and a peace officer in Texas.
[25:26.880 --> 25:27.880] DPS are policemen.
[25:27.880 --> 25:29.880] They're traffic cops.
[25:29.880 --> 25:32.880] Peace officers enforce the penal code.
[25:32.880 --> 25:43.880] So when a peace officer has it made known to him that a crime has been committed, under Article 2.13, he is required to give notice to some magistrate.
[25:43.880 --> 25:48.880] Doesn't say anything about prosecuting attorney, his boss, or anybody else.
[25:48.880 --> 25:51.880] It says some magistrate.
[25:51.880 --> 25:56.880] And 209 says who are magistrates, and it lists all the magistrates.
[25:56.880 --> 26:00.880] 210.
[26:00.880 --> 26:02.880] What does 210 say?
[26:02.880 --> 26:04.880] I forgot what 210 says.
[26:04.880 --> 26:08.880] 210 and 11 both go to the duty of the magistrate.
[26:08.880 --> 26:12.880] Yeah, 211 is the sentence that needs to hold the examining trial.
[26:12.880 --> 26:14.880] We see what 210 was.
[26:14.880 --> 26:16.880] What is looking that up to?
[26:16.880 --> 26:17.880] The magistrates.
[26:17.880 --> 26:28.880] 211 says, when a judge sits for the purpose of examining into a criminal accusation, that is an examining court.
[26:28.880 --> 26:33.880] And if you haven't read the whole Court of Criminal Procedure, that won't make sense to you.
[26:33.880 --> 26:39.880] But if you've read the whole thing, you'll say, oh, examining court, that's Chapter 16.
[26:39.880 --> 26:45.880] Okay, duties of magistrates to keep the peace in the county.
[26:45.880 --> 26:47.880] And go ahead, read it.
[26:47.880 --> 26:55.880] It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means.
[26:55.880 --> 26:57.880] That's pretty broad.
[26:57.880 --> 27:04.880] To issue all process intended to aid in preventing and suppressing crime.
[27:04.880 --> 27:12.880] To cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.
[27:12.880 --> 27:15.880] That's what magistrates are supposed to do.
[27:15.880 --> 27:20.880] And when they sit for the purpose of doing that, that is called?
[27:20.880 --> 27:22.880] Examining court.
[27:22.880 --> 27:28.880] Exactly, an examining court is held under Chapter 16.
[27:28.880 --> 27:41.880] And in Chapter 16, if the judge or the magistrate finds probable cause under 16.17, he's to issue an order.
[27:41.880 --> 27:55.880] Then seal that order in an envelope, and under 1730, forward it to the clerk in the court of jurisdiction, and under 31, either goes to a prosecutor, or if it's a felony, it goes to the grand jury.
[27:55.880 --> 27:58.880] Pretty clear.
[27:58.880 --> 28:08.880] In 1617, one thing that's interesting about that is that if he does not enter an order within 48 hours after the examining trial,
[28:08.880 --> 28:15.880] it operates, the lack of an order, operates as a finding of no probable cause.
[28:15.880 --> 28:23.880] And the accused has a right to discharge.
[28:23.880 --> 28:25.880] That's pretty clear.
[28:25.880 --> 28:27.880] That's not some case law.
[28:27.880 --> 28:31.880] That's black letter legislation.
[28:31.880 --> 28:42.880] So when I look in the public record in Wise County, I don't see any orders issued under 16.17.
[28:42.880 --> 28:45.880] So that raises a question.
[28:45.880 --> 28:59.880] And I asked this to the clerk, how on earth did you initiate a criminal prosecution when there is no 1617 order in your record?
[28:59.880 --> 29:05.880] Oh, well, this is just how we do it.
[29:05.880 --> 29:12.880] Well, I got how you do it, but what's the legal foundation?
[29:12.880 --> 29:14.880] They don't have it.
[29:14.880 --> 29:16.880] Did they want you to talk to an attorney?
[29:16.880 --> 29:19.880] No, actually, they knew better.
[29:19.880 --> 29:20.880] They would not.
[29:20.880 --> 29:23.880] They knew better than to sit me on an attorney.
[29:23.880 --> 29:26.880] All those attorneys just happened to be at lunch.
[29:26.880 --> 29:33.880] Well, they knew that I knew Brett Fountain, and they didn't want to risk Brett Fountain.
[29:33.880 --> 29:39.880] Accusing them of having shiny teeth and odorless armpits.
[29:39.880 --> 29:40.880] Hang on.
[29:40.880 --> 29:42.880] Brandy Kelton, Brett Fountain.
[29:42.880 --> 29:51.880] Root of Law Radio having way too much fun with April Fool's Day, 2021.
[29:51.880 --> 29:56.880] Our call board is full, we'll go to a college, we'll come back on the other side.
[29:56.880 --> 29:59.880] Hang on, we'll be right back.
[29:59.880 --> 30:07.880] Are you stressed?
[30:07.880 --> 30:12.880] In our fast-paced world, many of us are, but there's something better than alcohol or big pharma pills,
[30:12.880 --> 30:14.880] and it could add years to your life.
[30:14.880 --> 30:17.880] I'm Dr. Katherine Albright, and I'll be back with more in just a moment.
[30:17.880 --> 30:23.880] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:23.880 --> 30:28.880] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:28.880 --> 30:33.880] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:33.880 --> 30:36.880] Privacy, it's worth hanging on to.
[30:36.880 --> 30:39.880] This public service announcement is brought to you by StartPage.com,
[30:39.880 --> 30:43.880] the private search engine alternative to Google, Yahoo, and Bing.
[30:43.880 --> 30:47.880] Start over with StartPage.
[30:47.880 --> 30:50.880] How much is that doggie in the window?
[30:50.880 --> 30:51.880] Arf, arf!
[30:51.880 --> 30:53.880] If you're stressed, it's a question you might want to ask.
[30:53.880 --> 30:58.880] Researchers say companion animals like dogs lower the stress hormone cortisol,
[30:58.880 --> 31:01.880] and lower stress can lead to a longer, happier life.
[31:01.880 --> 31:05.880] Pet owners also have significantly lower blood pressure, cholesterol, and triglyceride levels.
[31:05.880 --> 31:09.880] This can be particularly important for patients recovering from heart attacks.
[31:09.880 --> 31:15.880] In fact, studies show that pet owners have a much higher one-year heart attack survival rate than those without pets.
[31:15.880 --> 31:19.880] Dogs may be man's best friend, but they're not the only animals with health benefits.
[31:19.880 --> 31:22.880] Cats, birds, and even fish can work miracles.
[31:22.880 --> 31:29.880] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:29.880 --> 31:35.880] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:35.880 --> 31:37.880] The government says that fire brought it down.
[31:37.880 --> 31:42.880] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[31:42.880 --> 31:45.880] Over 6,000 of my fellow service members have given their lives.
[31:45.880 --> 31:48.880] And thousands of my fellow force respond to supply.
[31:48.880 --> 31:49.880] I'm not a conspiracy theorist.
[31:49.880 --> 31:50.880] I'm a structural engineer.
[31:50.880 --> 31:51.880] I'm a New York City correctional.
[31:51.880 --> 31:52.880] I'm an Air Force pilot.
[31:52.880 --> 31:54.880] I'm the father who lost his son.
[31:54.880 --> 31:57.880] We're Americans, and we deserve the truth.
[31:57.880 --> 32:00.880] Go to RememberBuilding7.org today.
[32:00.880 --> 32:04.880] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:04.880 --> 32:07.880] In today's America, we live in an us-against-them society,
[32:07.880 --> 32:09.880] and if we, the people, are ever going to have a free society,
[32:09.880 --> 32:12.880] then we're going to have to stand and defend our own rights.
[32:12.880 --> 32:14.880] Among those rights are the right to travel freely from place to place,
[32:14.880 --> 32:16.880] the right to act in our own private capacity,
[32:16.880 --> 32:19.880] and most importantly, the right to due process of law.
[32:19.880 --> 32:21.880] Traffic courts afford us the least expensive opportunity
[32:21.880 --> 32:24.880] to learn how to enforce and preserve our rights through due process.
[32:24.880 --> 32:27.880] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:27.880 --> 32:30.880] has put together the most comprehensive teaching tool available
[32:30.880 --> 32:32.880] that will help you understand what due process is
[32:32.880 --> 32:34.880] and how to hold reports to the Rule of Law.
[32:34.880 --> 32:36.880] You can get your own copy of this invaluable material
[32:36.880 --> 32:39.880] by going to RuleofLawRadio.com and ordering your copy today.
[32:39.880 --> 32:41.880] By ordering now, you'll receive a copy of Eddie's book,
[32:41.880 --> 32:44.880] The Texas Transportation Code, The Law vs. the Lie,
[32:44.880 --> 32:46.880] video and audio of the original 2009 seminar,
[32:46.880 --> 32:49.880] hundreds of research documents, and other useful resource material.
[32:49.880 --> 32:51.880] Learn how to fight for your rights with the help of this material
[32:51.880 --> 32:53.880] for RuleofLawRadio.com.
[32:53.880 --> 32:56.880] Order your copy today, and together we can have the free society
[32:56.880 --> 33:03.880] we all want and deserve.
[33:26.880 --> 33:30.880] The moment that hope was born,
[33:30.880 --> 33:38.880] and guilt was pardoned once and for all,
[33:38.880 --> 33:42.880] and captivated,
[33:42.880 --> 33:45.880] but no longer bound.
[33:45.880 --> 33:50.880] I don't recognize that bumper music on my show.
[33:50.880 --> 33:53.880] I must have upgraded our music.
[33:53.880 --> 33:58.880] All of the bumper music was Deborah and Jerry,
[33:58.880 --> 34:00.880] their band's music.
[34:00.880 --> 34:02.880] We've got a new round of it.
[34:02.880 --> 34:03.880] That's a new one.
[34:03.880 --> 34:05.880] Okay, that wasn't Deborah's band.
[34:05.880 --> 34:07.880] That wasn't Three Shoes Passage.
[34:07.880 --> 34:12.880] Okay, I'm about to go to our callers,
[34:12.880 --> 34:15.880] but if you're a new listener,
[34:15.880 --> 34:19.880] and it sounds like we're having a lot of fun
[34:19.880 --> 34:23.880] at public officials' expense,
[34:23.880 --> 34:27.880] that's exactly what we're doing.
[34:27.880 --> 34:30.880] I got arrested and spent the night in jail,
[34:30.880 --> 34:33.880] and the whole time I'm thinking,
[34:33.880 --> 34:40.880] guys, you are not going to believe what I'm fixing to do to you.
[34:40.880 --> 34:45.880] Now they get to see it, so the point of all of this is
[34:45.880 --> 34:50.880] you and I and Brett here and everybody listening,
[34:50.880 --> 34:53.880] if you're not a public official,
[34:53.880 --> 34:57.880] if you're just a nobody like us,
[34:57.880 --> 35:00.880] an ordinary citizen,
[35:00.880 --> 35:03.880] there is no one in the state of Texas
[35:03.880 --> 35:05.880] or in the United States
[35:05.880 --> 35:09.880] more politically powerful than you are.
[35:09.880 --> 35:13.880] And we're trying to help people understand that.
[35:13.880 --> 35:15.880] I know when we talk about violent criminal complaints
[35:15.880 --> 35:17.880] against these guys,
[35:17.880 --> 35:19.880] we get people that are terrified
[35:19.880 --> 35:22.880] that they're going to do something horrible to us.
[35:22.880 --> 35:24.880] No, they're not.
[35:24.880 --> 35:28.880] There may be a couple of psychopaths
[35:28.880 --> 35:31.880] that wear guns and badges,
[35:31.880 --> 35:34.880] but they're extremely few.
[35:34.880 --> 35:39.880] These guys we're dealing with and picking on to good guys.
[35:39.880 --> 35:43.880] I know a lot of policemen,
[35:43.880 --> 35:45.880] I don't know a single one who became a policeman
[35:45.880 --> 35:47.880] so he could be a Jack Broody thug.
[35:47.880 --> 35:49.880] They want to be the good guys.
[35:49.880 --> 35:53.880] They got into a system they did not create.
[35:53.880 --> 35:55.880] And once they were in it,
[35:55.880 --> 35:57.880] it wasn't what they thought it was,
[35:57.880 --> 36:00.880] but they're stuck inside it.
[36:00.880 --> 36:03.880] They can't fix it.
[36:03.880 --> 36:05.880] It's our job to fix it.
[36:05.880 --> 36:09.880] So do you think these guys will come after us? No, they won't.
[36:09.880 --> 36:12.880] One thing I get from policemen,
[36:12.880 --> 36:15.880] I get some consternation,
[36:15.880 --> 36:19.880] but I get a lot of respect.
[36:19.880 --> 36:22.880] I'm well respected in Wise County
[36:22.880 --> 36:26.880] because they know I will go right after these guys.
[36:26.880 --> 36:32.880] And I will never do anything malicious or mean-spirited.
[36:32.880 --> 36:35.880] My only purpose is to get them to follow the law
[36:35.880 --> 36:37.880] and you get a lot of respect.
[36:37.880 --> 36:40.880] You won't have these guys coming after you.
[36:40.880 --> 36:44.880] The only ones who would come after you are the wackos.
[36:44.880 --> 36:46.880] And when you start going after them,
[36:46.880 --> 36:51.880] they're generally the bullies and the bullies of the cowards.
[36:51.880 --> 36:55.880] They like to go down to the high school parking lot
[36:55.880 --> 36:59.880] and terrify the little kids.
[36:59.880 --> 37:03.880] They get a grown-up that lands right square in the middle of them,
[37:03.880 --> 37:05.880] they duck and run for cover.
[37:05.880 --> 37:08.880] I've been doing this for 30 years
[37:08.880 --> 37:10.880] and there's not any of you out there
[37:10.880 --> 37:17.880] who even has the time to hammer these guys as much as I have.
[37:17.880 --> 37:19.880] They don't come after you.
[37:19.880 --> 37:21.880] They will not come after you.
[37:21.880 --> 37:24.880] They will respect you.
[37:24.880 --> 37:28.880] I have had a number of policemen come to me
[37:28.880 --> 37:34.880] and asked me if I could do something to help them with issues they're having.
[37:34.880 --> 37:37.880] I talked to all the chiefs of police in Wise County
[37:37.880 --> 37:43.880] and one of them asked me if I could do something to help them
[37:43.880 --> 37:50.880] with a problem that they have with people who are mentally incompetent.
[37:50.880 --> 37:54.880] He said, we don't have the tools, we don't have the training to deal with that.
[37:54.880 --> 37:58.880] We need something to help us deal with these people
[37:58.880 --> 38:02.880] because apparently it's a real problem for them.
[38:02.880 --> 38:05.880] We have the officer in Dallas who shoots this guy.
[38:05.880 --> 38:11.880] A woman calls the police because her son has a mental issue
[38:11.880 --> 38:14.880] and he's freaking out because of his medicines.
[38:14.880 --> 38:19.880] She calls the police and they wind up shooting him.
[38:19.880 --> 38:22.880] It's not the police's fault.
[38:22.880 --> 38:27.880] He's holding a screwdriver, threatening to stab them with a screwdriver.
[38:27.880 --> 38:29.880] Well, there's no reason to shoot him.
[38:29.880 --> 38:32.880] They overreacted, but they didn't have proper training.
[38:32.880 --> 38:35.880] They didn't have the tools that they needed.
[38:35.880 --> 38:39.880] And policemen, because I'm taking these guys on,
[38:39.880 --> 38:42.880] he didn't see me as a threat.
[38:42.880 --> 38:47.880] He saw me as a potential ally because he's one of the good guys.
[38:47.880 --> 38:52.880] And most of these guys are the good guys and we owe it to them to help them out.
[38:52.880 --> 38:56.880] Okay, we may have to sting them a little bit to help them out.
[38:56.880 --> 39:03.880] But most of these, you know, I don't want to sound like a sexist,
[39:03.880 --> 39:08.880] but I'm a guy, the next military.
[39:08.880 --> 39:12.880] Guys understand this.
[39:12.880 --> 39:17.880] The guy who's ever got in a fight in a high school parking lot with someone,
[39:17.880 --> 39:22.880] when they were in school, you almost, if you give them a good fight,
[39:22.880 --> 39:29.880] no matter who wins, they almost always come up, wind up being good friends.
[39:29.880 --> 39:31.880] At least respect you.
[39:31.880 --> 39:34.880] Yeah, exactly. It builds respect.
[39:34.880 --> 39:41.880] If you stand up to me, I might not like it, but I respect you for it.
[39:41.880 --> 39:45.880] You cringe and crawl around and beg for mercy.
[39:45.880 --> 39:50.880] I may give you mercy, but you will have no respect for me.
[39:50.880 --> 39:53.880] It's the way human beings work.
[39:53.880 --> 40:01.880] And I'm trying to, and Bret and I both are trying to present some practices and procedures
[40:01.880 --> 40:07.880] that will allow you to be the master of the service you're intended to be in.
[40:07.880 --> 40:13.880] I was having too much fun in that last segment and I didn't want everybody to think that I was being facetious.
[40:13.880 --> 40:17.880] I'm not. What I'm doing is very serious.
[40:17.880 --> 40:21.880] And it's not my intention to harm these police officers.
[40:21.880 --> 40:27.880] It's my intention to protect the public from bad policing behavior
[40:27.880 --> 40:31.880] and free these policemen up to be good guys.
[40:31.880 --> 40:34.880] Okay, I have to sting them a little.
[40:34.880 --> 40:38.880] But, you know, I think of them like I do my grandkids.
[40:38.880 --> 40:43.880] If one of them runs out on the road, I'm fixing to tan his hide.
[40:43.880 --> 40:48.880] Not out of meanness or anger. It's our job.
[40:48.880 --> 40:50.880] Okay, that's all the preaching I'm going to do today.
[40:50.880 --> 40:57.880] Let's go to Stephen in Texas.
[40:57.880 --> 40:59.880] How are we doing?
[40:59.880 --> 41:03.880] How are you? What do you have for us today?
[41:03.880 --> 41:10.880] Well, number one is a big thank you.
[41:10.880 --> 41:20.880] Like I said, it's been a long time since I first started a journey down listening to UQ Fellows and Ms. Deborah.
[41:20.880 --> 41:27.880] And back in around 2012 when I first had an issue with a code enforcement officer in my soul.
[41:27.880 --> 41:32.880] 2012? Now you're making me feel old.
[41:32.880 --> 41:35.880] Well, no, I don't want to do that. No.
[41:35.880 --> 41:39.880] Wait a minute. I am old.
[41:39.880 --> 41:44.880] I got dirt in my front yard just not as old as I am.
[41:44.880 --> 41:46.880] Okay, go ahead.
[41:46.880 --> 41:52.880] Well, you guys were almost, it was a meaningful time.
[41:52.880 --> 42:02.880] I found you actually and Eddie and Deborah really changed my way of thinking to help understand why my gut said things were wrong.
[42:02.880 --> 42:07.880] Fine legal remedy and I'm really a better man today.
[42:07.880 --> 42:15.880] And I kind of wanted to say I just finally get in the hold of that city up there.
[42:15.880 --> 42:17.880] I'm making them a part-time lobby.
[42:17.880 --> 42:20.880] They haven't become a full-time lobby and I don't think they want to be anymore.
[42:20.880 --> 42:24.880] They realize they've set their stuff up in a lawsuit.
[42:24.880 --> 42:29.880] Good. Your area code is 254. That's around Waco.
[42:29.880 --> 42:33.880] You got it, sir. I'm out at Hill County in Hillsborough, Texas.
[42:33.880 --> 42:38.880] Oh, Brett said Hillsborough. Hillsborough is 254?
[42:38.880 --> 42:44.880] Yes, sir. Used to be 817 back a long time ago and I want to tell you how old I really am.
[42:44.880 --> 42:50.880] Well, Brett and I were talking about that. Hillsborough is one of my favorite places.
[42:50.880 --> 43:01.880] It is the place where I was shown proof that I made the right decision when I dropped a business 40 years ago.
[43:01.880 --> 43:06.880] I was doing almost $200,000 a year in a business and then that was a lot of money.
[43:06.880 --> 43:10.880] And I gave it to a friend of mine who came to Texas.
[43:10.880 --> 43:17.880] I ask everybody, where are the best people in the United States to live with?
[43:17.880 --> 43:22.880] I don't care about climate. Don't care about economy. Where are the best people?
[43:22.880 --> 43:25.880] Everybody said Texas.
[43:25.880 --> 43:30.880] One day, I packed up everything, put it in the truck and told my wife I'm going to Texas.
[43:30.880 --> 43:32.880] She said she was refusing to go.
[43:32.880 --> 43:37.880] I put the kids in the car. I put everything I owned in the truck.
[43:37.880 --> 43:41.880] And she's standing down there on the sidewalk and we're all in the truck.
[43:41.880 --> 43:48.880] And I said, Han, me and the kids are going to Texas. What are you going to do?
[43:48.880 --> 43:53.880] I came to Texas. Best thing I ever done. Hang on.
[43:53.880 --> 43:55.880] We'll pick this up on the other side, Randy Kelton.
[43:55.880 --> 43:59.880] Brett sat out in Rue Law Radio. We'll be right back.
[43:59.880 --> 44:04.880] I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
[44:04.880 --> 44:08.880] I'm so addicted to the truth now that there's no going back. I need my truth pick.
[44:08.880 --> 44:12.880] I'd be lost without logos. And I really want to help keep this network on the air.
[44:12.880 --> 44:15.880] I'd love to volunteer as a show producer, but I'm a bit of a Luddite.
[44:15.880 --> 44:19.880] And I really don't have any money to give because I spent it all on supplements.
[44:19.880 --> 44:21.880] How can I help logos?
[44:21.880 --> 44:26.880] Well, I'm glad you asked. Whenever you order anything from Amazon, you can help logos.
[44:26.880 --> 44:28.880] You can order them in your supplies or holiday gifts.
[44:28.880 --> 44:30.880] First thing you do is clear your cookies.
[44:30.880 --> 44:34.880] Now, go to LogosRadioNetwork.com.
[44:34.880 --> 44:37.880] Click on the Amazon logo and bookmark it.
[44:37.880 --> 44:42.880] Now, when you order anything from Amazon, you use that link and logos gets a few pesos.
[44:42.880 --> 44:43.880] Do I pay extra?
[44:43.880 --> 44:44.880] No.
[44:44.880 --> 44:46.880] Do you have to do anything different when I order?
[44:46.880 --> 44:47.880] No.
[44:47.880 --> 44:48.880] Can I use my Amazon Prime?
[44:48.880 --> 44:49.880] No.
[44:49.880 --> 44:50.880] I mean, yes.
[44:50.880 --> 44:54.880] Wow. Giving without doing anything or spending any money. This is perfect.
[44:54.880 --> 44:56.880] Thank you so much.
[44:56.880 --> 44:57.880] We are welcome.
[44:57.880 --> 45:00.880] Happy holidays, logos.
[45:27.880 --> 45:33.880] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:33.880 --> 45:42.880] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:42.880 --> 45:51.880] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[45:51.880 --> 46:00.880] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:21.880 --> 46:47.880] Okay. We are back.
[46:47.880 --> 46:50.880] We're talking to Stephen.
[46:50.880 --> 46:58.880] We're talking to Stephen in Hillsborough and Patty, hang on. Don't go away. We'll get to you next.
[46:58.880 --> 47:01.880] I was supposed to take you first and I screwed up.
[47:01.880 --> 47:02.880] Okay, Stephen.
[47:02.880 --> 47:04.880] Hillsborough is my favorite place.
[47:04.880 --> 47:13.880] I was driving north through Hillsborough, just north of town, and a car rolled across the highway in front of me.
[47:13.880 --> 47:26.880] It was rolling so fast, it was a blur, and there in that area is pretty flat, so there's a long side of the road there.
[47:26.880 --> 47:30.880] So it rolled about 50 feet down to the bottom of the slope.
[47:30.880 --> 47:32.880] By the time it stopped, I was sliding up to it.
[47:32.880 --> 47:40.880] It stopped upside down, and I jumped out, jerked the door open, and this woman is hanging upside down in her sheet belt.
[47:40.880 --> 47:46.880] The gas is pouring out, Stephen everywhere, and I'm trying to get her out of there, but I can't get her sheet belt loose.
[47:46.880 --> 47:51.880] So I turned to go get a knife and someone put one in my hand.
[47:51.880 --> 47:58.880] I looked up and it looked like every car on the highway stopped.
[47:58.880 --> 48:05.880] There had to be 50 cars out there, people running at us with jacks and crowbars.
[48:05.880 --> 48:11.880] By the time I got her out, there were three people in the car helping me support her and get her out of there.
[48:11.880 --> 48:18.880] But when I turned around and looked at that, I thought, that's why I'm in Texas.
[48:18.880 --> 48:20.880] My favorite place on the planet.
[48:20.880 --> 48:27.880] Okay, what do you have for us today, Stephen?
[48:27.880 --> 48:31.880] Oh, it'd be better if I unmute you.
[48:31.880 --> 48:32.880] Okay, go ahead.
[48:32.880 --> 48:34.880] I can probably hear you better now.
[48:34.880 --> 48:35.880] Can you hear me now?
[48:35.880 --> 48:40.880] Oh, yeah, I can hear you a lot better.
[48:40.880 --> 48:43.880] Let me just throw in one factor on what you just said.
[48:43.880 --> 48:50.880] When you come to somebody put a knife in your hand as soon as you turned around, I was at a child's baseball game a few years back,
[48:50.880 --> 48:54.880] and they needed to fix one of the bases before the boys started.
[48:54.880 --> 48:56.880] I said, do you have a parking knife?
[48:56.880 --> 49:00.880] I was like, yeah, I'm in Texas here, right here.
[49:00.880 --> 49:02.880] I'm sorry.
[49:02.880 --> 49:05.880] Anyway, I'll make this quick.
[49:05.880 --> 49:07.880] Can I ask real quick on your e-book?
[49:07.880 --> 49:09.880] Does it cover torts and tort letters?
[49:09.880 --> 49:12.880] I hadn't bought, I need to reach out to Ms. Devon and buy that.
[49:12.880 --> 49:15.880] I'm not sure if it's in there.
[49:15.880 --> 49:18.880] If you have it and it doesn't, I will talk about it.
[49:18.880 --> 49:21.880] Let me speak to it quickly.
[49:21.880 --> 49:28.880] I've developed a methodology for building legal documents.
[49:28.880 --> 49:33.880] I have a tort letter I just filed with Wise County.
[49:33.880 --> 49:36.880] It's $11.3 million tort letter.
[49:36.880 --> 49:42.880] But if you read that tort letter, it reads just like a lawsuit.
[49:42.880 --> 49:52.880] So what I suggest you do is if you're thinking of filing a tort letter, write the lawsuit.
[49:52.880 --> 50:01.880] Use what's in Legal 101 in how to create documents section and create the lawsuit.
[50:01.880 --> 50:07.880] Then take the court heading off the top and put a business heading.
[50:07.880 --> 50:15.880] Take the prayer off the bottom and change it to a demand to make me hold.
[50:15.880 --> 50:18.880] You start out with, I have been harmed.
[50:18.880 --> 50:23.880] Then at the bottom, you put make me hold or be sued.
[50:23.880 --> 50:28.880] Tell them how much you want them to give you to make you hold.
[50:28.880 --> 50:31.880] So it has the lawsuit.
[50:31.880 --> 50:37.880] You just change the header and the footer or the heading and the conclusion.
[50:37.880 --> 50:43.880] That way, when you write, when you get to the lawsuit, all you got to do is change it around a little bit.
[50:43.880 --> 50:45.880] You get the lawsuit in.
[50:45.880 --> 50:53.880] You don't do double work, so the tort letter is not really something different than the lawsuit.
[50:53.880 --> 50:55.880] Does that make sense?
[50:55.880 --> 50:56.880] Yes, sir.
[50:56.880 --> 51:02.880] And I believe you put it in the past that it lets them know when they give it to their city lawyer that you mean business.
[51:02.880 --> 51:03.880] Exactly.
[51:03.880 --> 51:09.880] The lawyer is going to read this and say, hey, guys, this guy's not kidding.
[51:09.880 --> 51:12.880] He's already got the lawsuit written.
[51:12.880 --> 51:30.880] So, yeah, and then once you've written the lawsuit, every step you do, when you start out, everything you're doing is preparing for the court of appeals.
[51:30.880 --> 51:33.880] You don't care what the judge does.
[51:33.880 --> 51:39.880] All you're doing in your lawsuit is setting the record for appeal.
[51:39.880 --> 51:49.880] So every claim that you could potentially have, you put in the tort letter and you put in the lawsuit.
[51:49.880 --> 51:59.880] And then as you file motions and pleadings, your only purpose is to get the facts and the law on the record.
[51:59.880 --> 52:03.880] You do not care what that judge rules.
[52:03.880 --> 52:13.880] Because you always must expect that the judge will rule against you out of hand at every turn and you don't care.
[52:13.880 --> 52:15.880] Eventually, you don't care.
[52:15.880 --> 52:19.880] Eventually on, you look at that and you feel terrible about it.
[52:19.880 --> 52:21.880] Like, this should have worked.
[52:21.880 --> 52:23.880] I brought the law.
[52:23.880 --> 52:25.880] I'm right.
[52:25.880 --> 52:28.880] This is a travesty.
[52:28.880 --> 52:33.880] And it feels like failure, utter failure.
[52:33.880 --> 52:35.880] Why did I not succeed here?
[52:35.880 --> 52:36.880] I'm right.
[52:36.880 --> 52:37.880] I've got the law on my side.
[52:37.880 --> 52:39.880] I've got the facts on my side.
[52:39.880 --> 52:41.880] What went wrong?
[52:41.880 --> 52:43.880] And it feels pretty bad.
[52:43.880 --> 52:56.880] And the point of me saying this is because those who are not experienced in working their way completely through an issue,
[52:56.880 --> 53:01.880] they think that the ruling of the judge means something.
[53:01.880 --> 53:09.880] And it tends to make them feel devastated and betrayed and betrayal is the worst.
[53:09.880 --> 53:14.880] And you feel like you're just losing everything.
[53:14.880 --> 53:15.880] You don't care.
[53:15.880 --> 53:16.880] You're not losing anything.
[53:16.880 --> 53:18.880] You don't care what that judge says.
[53:18.880 --> 53:22.880] Every lawyer will tell you the same thing.
[53:22.880 --> 53:27.880] When you file your petitions in the court, you're preparing for the court of appeals.
[53:27.880 --> 53:30.880] You never expect to win in the trial court.
[53:30.880 --> 53:39.880] You may, and if you do everything as a preparation for the appeal,
[53:39.880 --> 53:44.880] the judge in the trial court will recognize what you're doing.
[53:44.880 --> 53:48.880] And judges do not like to be overturned on appeal.
[53:48.880 --> 53:55.880] So you're more likely to win in the trial court if you're only setting the record for appeal.
[53:55.880 --> 53:56.880] I go into court.
[53:56.880 --> 53:58.880] The judge moves against me.
[53:58.880 --> 53:59.880] Okay.
[53:59.880 --> 54:05.880] Let the record reflect petitioners' objection to the ruling.
[54:05.880 --> 54:06.880] So noted.
[54:06.880 --> 54:11.880] I've had judges say, Mr. Kelton, will you please stop objecting to everything?
[54:11.880 --> 54:12.880] Absolutely, Your Honor.
[54:12.880 --> 54:19.880] Will you just put in the record that I object to all of these proceedings so I don't have to annoy everybody
[54:19.880 --> 54:21.880] by objecting to everything?
[54:21.880 --> 54:28.880] And every time the judge has agreed, that protects your claims for appeal.
[54:28.880 --> 54:30.880] Now, quickly, let me step through this.
[54:30.880 --> 54:34.880] You file the tort letter, and that's your lawsuit.
[54:34.880 --> 54:39.880] And when they don't make a deal with you, then you file the lawsuit.
[54:39.880 --> 54:44.880] You take the tort letter and change the header or footer and maybe make a few adjustments to it.
[54:44.880 --> 54:46.880] And file the lawsuit.
[54:46.880 --> 54:54.880] And then you start filing motions for the purpose of putting specific issues on the record.
[54:54.880 --> 55:01.880] And then when the court rules against you, you file for findings of fact and conclusions at law.
[55:01.880 --> 55:05.880] And you create your own findings of fact and conclusions at law.
[55:05.880 --> 55:15.880] You say, in this case, the court ruled this way, but the facts and the law indicate that you should rule this other way.
[55:15.880 --> 55:26.880] And you go through all of the decisions the court made and state how they should have ruled and asked the court for findings of fact and conclusions at law
[55:26.880 --> 55:31.880] or accept my findings of fact and conclusions at law.
[55:31.880 --> 55:34.880] Well, they'll never accept your findings of fact.
[55:34.880 --> 55:38.880] And most of the time, they won't even write one.
[55:38.880 --> 55:50.880] But in Texas, if you do not request findings of fact and conclusions at law, you have waived any error.
[55:50.880 --> 55:53.880] So you have to ask for it.
[55:53.880 --> 56:01.880] And since you have to ask for it and you're going to create a document for that purpose, you might as well start writing your appeal.
[56:01.880 --> 56:09.880] So your findings of fact and conclusions is the first draft of your appeal.
[56:09.880 --> 56:18.880] And when the judge refuses to accept it and doesn't give you findings of fact or if he does give you findings of fact, that's wonderful.
[56:18.880 --> 56:28.880] Now you can look at his findings of fact and whip it to shreds and you've already got your appeal half written.
[56:28.880 --> 56:32.880] And you just make adjustments and file that as your appeal.
[56:32.880 --> 56:37.880] So each step you take adds to the next step.
[56:37.880 --> 56:40.880] So you don't have to start all over these steps.
[56:40.880 --> 56:43.880] Does that make sense, Stephen?
[56:43.880 --> 56:51.880] Yes, and if they fail to give you the finding of facts and conclusions, is that not a violation of due process?
[56:51.880 --> 56:55.880] That's a class A misdemeanor in the state of Texas.
[56:55.880 --> 56:59.880] Packer v. Walker.
[56:59.880 --> 57:08.880] A judge has no discretion in properly applying the law to the facts.
[57:08.880 --> 57:12.880] A failure to do so is an abuse of discretion.
[57:12.880 --> 57:20.880] Well, the way I read 39.03 penal code, if a public official abuses his discretion.
[57:20.880 --> 57:25.880] And in the process denies a citizen full free access to enjoyment right.
[57:25.880 --> 57:29.880] Well, that's a class A misdemeanor in the state of Texas.
[57:29.880 --> 57:39.880] Rule 297 of the rules of civil procedure allow you to request findings of fact and conclusions at law.
[57:39.880 --> 57:43.880] And it gives the judge 20 days to produce them.
[57:43.880 --> 57:47.880] It says the judge shall produce them within 20 days.
[57:47.880 --> 57:56.880] If he doesn't, then you can file a notice of late filing and the judge has 10 more days.
[57:56.880 --> 57:59.880] Well, we did this in wise counting.
[57:59.880 --> 58:06.880] And on the 21st day we filed a notice of late filing and criminal charges with the grand jury.
[58:06.880 --> 58:12.880] For official oppression. Try that on judge.
[58:12.880 --> 58:17.880] Okay. Hang on, Stephen. We'll be right back.
[58:17.880 --> 58:19.880] Oh wait, we've got a few moments.
[58:19.880 --> 58:23.880] What else did you have for Stephen for the other side?
[58:23.880 --> 58:26.880] Yes, sir. Two quick things.
[58:26.880 --> 58:33.880] I can try and put back my message to one of the very things on the law years and then we'll be...
[58:33.880 --> 58:37.880] Okay, okay, hold on. I'm getting really bad reception.
[58:37.880 --> 58:44.880] Now, check your devices before we come back. Randy Kelfin, Brett Fountain, Louis Vuitton Radio.
[58:44.880 --> 59:13.880] We'll be right back.
[59:14.880 --> 59:24.880] We'll be right back.
[59:44.880 --> 59:49.880] Or visit us online at bfa.org.
[59:49.880 --> 59:59.880] Live free speech radio, logosradionetwork.com.
[59:59.880 --> 01:00:25.880] The following news flash is brought to you by The Lone Star Lowdown.
[01:00:25.880 --> 01:00:54.880] Here in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I.
[01:00:54.880 --> 01:00:59.880] Prepared to stay parade, killing 10 and injuring 40.
[01:00:59.880 --> 01:01:04.880] Today in history.
[01:01:04.880 --> 01:01:18.880] And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp and attacks his law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones,
[01:01:18.880 --> 01:01:24.880] since they are stipulating that they do not have the time or the laboratory equipment to test the earth for THC.
[01:01:24.880 --> 01:01:33.880] Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.880 --> 01:01:47.880] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:47.880 --> 01:02:00.880] As well as other cities, too, like the District Attorney, in El Paso, Cayma Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:00.880 --> 01:02:12.880] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:12.880 --> 01:02:17.880] It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:17.880 --> 01:02:26.880] A paper by Tulane University identified a five and a half inch American pocket shark.
[01:02:26.880 --> 01:02:38.880] As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.880 --> 01:02:50.880] According to the university paper, the shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:02:50.880 --> 01:03:12.880] This is Rook Rody with your lowdown for July 22, 2019.
[01:03:12.880 --> 01:03:25.880] I'm finding myself at a loss for words and the funny thing is it's okay.
[01:03:25.880 --> 01:03:54.880] The last thing I need is to be heard, but to hear what you would say, a word of God's peace, which you pour down like rain, washing my eyes to see your majesty to be filled and known.
[01:03:54.880 --> 01:03:58.880] Okay, we are back.
[01:03:58.880 --> 01:04:06.880] Thank you, Kelps, Brett Fountain, Roo LaRail, and talking to Steven in Texas.
[01:04:06.880 --> 01:04:10.880] And I think I lost Patti.
[01:04:10.880 --> 01:04:13.880] Gotta go call Patti and get her back on.
[01:04:13.880 --> 01:04:15.880] Okay, what else did you hear?
[01:04:15.880 --> 01:04:22.880] You got real tinny right there at the end, Steven, in your audio.
[01:04:22.880 --> 01:04:24.880] Can you hear me all right now?
[01:04:24.880 --> 01:04:27.880] Yeah, you sound good now.
[01:04:27.880 --> 01:04:29.880] All right, it could have just been me.
[01:04:29.880 --> 01:04:34.880] All right, so I'll just hit some quick points so you can get on the phones again.
[01:04:34.880 --> 01:04:51.880] And I'd say you guys had discussed when you're doing the open government request, at least here by our laws here in Texas, under the administrative code, that spacing them out over 24 hours apart.
[01:04:51.880 --> 01:04:53.880] Brett had recommended 25.
[01:04:53.880 --> 01:04:59.880] That way they can't combine them and try and make them go away.
[01:04:59.880 --> 01:05:04.880] Wait, that spacing was for bar grievances.
[01:05:04.880 --> 01:05:05.880] Well, there's another spacing.
[01:05:05.880 --> 01:05:06.880] He's right.
[01:05:06.880 --> 01:05:11.880] The bar grievances are, you want to space that out, but he's talking about records requests.
[01:05:11.880 --> 01:05:24.880] And if you put in multiple records requests within a 24-hour period, then if these guys are looking for an excuse to not do their job or they're looking for an excuse to charge you,
[01:05:24.880 --> 01:05:31.880] then they're saying, well, if you request more than X number of pages, then we get to charge you a per page fee.
[01:05:31.880 --> 01:05:40.880] Oh, and since you requested some yesterday at 3pm and you requested some today at noon, we're going to lump these together, and now you've surpassed our limit.
[01:05:40.880 --> 01:05:44.880] So now we get to do whatever, charging you or calling it voluminous or whatever.
[01:05:44.880 --> 01:05:51.880] And so if you spread it out 25 hours, well, then you take that excuse away from them.
[01:05:51.880 --> 01:05:55.880] Oh, man, I made a mistake.
[01:05:55.880 --> 01:05:59.880] That's the first time.
[01:05:59.880 --> 01:06:01.880] Yeah, you're absolutely right.
[01:06:01.880 --> 01:06:07.880] I wasn't thinking, go ahead, Stephen.
[01:06:07.880 --> 01:06:09.880] Yes, separate them.
[01:06:09.880 --> 01:06:12.880] Your bar grievances are the same way.
[01:06:12.880 --> 01:06:16.880] And I guess I haven't done enough TECO complaints.
[01:06:16.880 --> 01:06:19.880] That's complaints against police officers.
[01:06:19.880 --> 01:06:23.880] They're probably the same way.
[01:06:23.880 --> 01:06:25.880] That's where I was going.
[01:06:25.880 --> 01:06:36.880] I was going to say, I hope I made you proud because I've been peppering them one a day, about 25 hours, 25 hours a week long, and I've got way more to go.
[01:06:36.880 --> 01:06:38.880] We can do this all month long.
[01:06:38.880 --> 01:06:41.880] All right, excellent.
[01:06:41.880 --> 01:06:57.880] Do you have your criminal complaints ready to go when they request an opinion from the state attorney general when there are existing determinations in the record?
[01:06:57.880 --> 01:06:59.880] No, I don't.
[01:06:59.880 --> 01:07:00.880] I've got that one.
[01:07:00.880 --> 01:07:02.880] They haven't argued with me yet.
[01:07:02.880 --> 01:07:27.880] Okay, the way you do that is if they request an opinion and the attorney general sends back a letter opinion where the letter opinion references where this has already been determined that you filed against them for delay for delay's sake.
[01:07:27.880 --> 01:07:34.880] And they have a duty to check the existing determinations before they make a request.
[01:07:34.880 --> 01:07:36.880] I have an issue right now.
[01:07:36.880 --> 01:07:49.880] I just got a letter from the attorney general saying that I asked the clerk for certain records that were not in the clerk's records.
[01:07:49.880 --> 01:07:52.880] They're not on their website.
[01:07:52.880 --> 01:08:00.880] And the county attorney requested an opinion saying that these records did not fall under the Open Records Act.
[01:08:00.880 --> 01:08:04.880] Well, I didn't request them under the Open Records Act.
[01:08:04.880 --> 01:08:07.880] I requested them from the clerk.
[01:08:07.880 --> 01:08:12.880] And that's under the Constitution, public court.
[01:08:12.880 --> 01:08:16.880] But he mischaracterized my complaint as a request under the Open Records Act.
[01:08:16.880 --> 01:08:21.880] And the attorney general said, well, this doesn't fall under Open Records Act.
[01:08:21.880 --> 01:08:23.880] Based on that, they were holding the records.
[01:08:23.880 --> 01:08:27.880] Well, we'll see how that works out for you, Bubba.
[01:08:27.880 --> 01:08:30.880] That gets a criminal complaint.
[01:08:30.880 --> 01:08:31.880] Yep.
[01:08:31.880 --> 01:08:41.880] Usually in most states there are three different ways that, let's say, authorities or bases for requesting records.
[01:08:41.880 --> 01:08:46.880] You've got their Open Records Act, Public Information Act, public records.
[01:08:46.880 --> 01:08:48.880] They sometimes call it sunshine laws.
[01:08:48.880 --> 01:08:51.880] But then there's also, that doesn't usually go to judicial.
[01:08:51.880 --> 01:08:54.880] And you've got judicial as a separate thing.
[01:08:54.880 --> 01:09:02.880] But then overarching everything, and all outside of that, too, is CLR, Common Law Right of Access.
[01:09:02.880 --> 01:09:06.880] And they used that term, CLR, when they're training these clerks.
[01:09:06.880 --> 01:09:07.880] So they're familiar with it.
[01:09:07.880 --> 01:09:10.880] They've been through their own training to become a clerk.
[01:09:10.880 --> 01:09:20.880] And they're familiar with their state's records request and the judicial ones and when those lines, you know, which kind of request fall on which side of those lines.
[01:09:20.880 --> 01:09:25.880] Plus, the giant overarching everything is common law right of access.
[01:09:25.880 --> 01:09:27.880] That's what the jurisdiction is defending.
[01:09:27.880 --> 01:09:31.880] Brett, I've never heard of that.
[01:09:31.880 --> 01:09:32.880] Sure you have.
[01:09:32.880 --> 01:09:35.880] No, I never heard of that.
[01:09:35.880 --> 01:09:37.880] That's incredible.
[01:09:37.880 --> 01:09:39.880] Yep.
[01:09:39.880 --> 01:09:42.880] I get to claim common law right.
[01:09:42.880 --> 01:09:43.880] Yes.
[01:09:43.880 --> 01:09:46.880] That's what that constitution is defending.
[01:09:46.880 --> 01:09:50.880] Why didn't you tell me about that already?
[01:09:50.880 --> 01:09:54.880] That's great. That's great.
[01:09:54.880 --> 01:10:00.880] So, you know, when I'm given a request, I just request records.
[01:10:00.880 --> 01:10:10.880] And my position is, if a law is operative, I don't have to cite the law in order for it to be operative.
[01:10:10.880 --> 01:10:11.880] Exactly.
[01:10:11.880 --> 01:10:19.880] Yeah, if the law says you must do this thing, I don't have to say to you, hey, the law says you must do this thing.
[01:10:19.880 --> 01:10:21.880] You have to do it anyway.
[01:10:21.880 --> 01:10:36.880] I will change my information request and make my information request on the common law right or any other statutory right.
[01:10:36.880 --> 01:10:38.880] And maybe that'll stop them from doing this stuff.
[01:10:38.880 --> 01:10:46.880] But I'm going to follow criminally against the county attorney for that, which brings another thing to mind.
[01:10:46.880 --> 01:10:54.880] I looked at Article 2.02, Texas Code of Criminal Procedure.
[01:10:54.880 --> 01:11:05.880] That is the statute that designates what the prosecuting attorneys will do, the district attorney and county attorney.
[01:11:05.880 --> 01:11:17.880] I did not see anything in there authorizing beyond to give legal advice to anybody.
[01:11:17.880 --> 01:11:29.880] So, what are they doing giving legal advice to the clerks and other public officials?
[01:11:29.880 --> 01:11:39.880] And that appears to be misappropriation of public funds.
[01:11:39.880 --> 01:11:40.880] I want to check that out.
[01:11:40.880 --> 01:11:49.880] I'm going to accuse him of that and let him do all my legal research to show why he can.
[01:11:49.880 --> 01:11:51.880] Why should I do the research?
[01:11:51.880 --> 01:11:53.880] Let him do it.
[01:11:53.880 --> 01:11:55.880] That is a great point.
[01:11:55.880 --> 01:11:57.880] I love it.
[01:11:57.880 --> 01:12:00.880] Okay. Anything else, Stephen?
[01:12:00.880 --> 01:12:08.880] Back to the T. Cole when neither of you know of a process where I can lump those.
[01:12:08.880 --> 01:12:09.880] No.
[01:12:09.880 --> 01:12:11.880] I haven't heard of it.
[01:12:11.880 --> 01:12:21.880] If anybody would know it would be Scott Richardson because he's filed a stack of them.
[01:12:21.880 --> 01:12:24.880] But I've never heard of anything about that.
[01:12:24.880 --> 01:12:29.880] Well, that's all right. It'd be fun. I can alternate between the agent or the licensee and the agency.
[01:12:29.880 --> 01:12:32.880] So, then they can't because then if I do one a day and it's still fun,
[01:12:32.880 --> 01:12:35.880] that way you can kind of pay for them 24 or whatever hours.
[01:12:35.880 --> 01:12:37.880] Yeah, it keeps me going.
[01:12:37.880 --> 01:12:39.880] Thank you, Stephen.
[01:12:39.880 --> 01:12:43.880] This is why we do this show.
[01:12:43.880 --> 01:12:51.880] You got to know how good I feel and empowered as a free man.
[01:12:51.880 --> 01:12:55.880] Just to see one of them have to get back in line.
[01:12:55.880 --> 01:12:57.880] That's wonderful.
[01:12:57.880 --> 01:13:04.880] The last time I was in Hillsborough Courthouse, I was there with a friend of mine.
[01:13:04.880 --> 01:13:14.880] And he's about six foot seven and at the time he weighed 500 pounds.
[01:13:14.880 --> 01:13:16.880] Biggest human being I ever know.
[01:13:16.880 --> 01:13:18.880] Leon.
[01:13:18.880 --> 01:13:25.880] And we're sitting in court and this bail bondsman was talking to the judge and when he finished,
[01:13:25.880 --> 01:13:29.880] he turned around and saw Leon and he leaned over and he said,
[01:13:29.880 --> 01:13:35.880] Are you the guy that got in a fight with six of your neighbors?
[01:13:35.880 --> 01:13:38.880] And Leon said, Yeah, what of it?
[01:13:38.880 --> 01:13:41.880] He said, Who won?
[01:13:41.880 --> 01:13:49.880] And Leon leaned over and said, I did.
[01:13:49.880 --> 01:13:51.880] And he did.
[01:13:51.880 --> 01:13:56.880] He said the last one was about five foot two and 120 pounds.
[01:13:56.880 --> 01:14:05.880] He said that the first one was a weightlifter and he hit the guy on the bridge of the nose and knocked him cold.
[01:14:05.880 --> 01:14:11.880] The last one was this 120 pound guy that said he went into me like a bull saw.
[01:14:11.880 --> 01:14:17.880] And I grabbed him by the collar and was holding him with my left hand out at the end of my arm.
[01:14:17.880 --> 01:14:21.880] And he's kicking and swinging at me telling him to put him down.
[01:14:21.880 --> 01:14:23.880] He's going to turn my head off.
[01:14:23.880 --> 01:14:26.880] And I said, Well, what did you do to it?
[01:14:26.880 --> 01:14:29.880] He said, I couldn't do anything to him.
[01:14:29.880 --> 01:14:37.880] I just wished I had somebody that would do something like that for me.
[01:14:37.880 --> 01:14:43.880] Anyway, that's my Hillsborough story.
[01:14:43.880 --> 01:14:50.880] If I may, I was going to tell you one more thing on your on your legal on your arsenal or whatever.
[01:14:50.880 --> 01:14:59.880] But with the lawyers was attacking the professional corporations that they have that's a specialty corporation that they have to pull from the Secretary of State.
[01:14:59.880 --> 01:15:01.880] You may have already covered it.
[01:15:01.880 --> 01:15:02.880] Going it out there.
[01:15:02.880 --> 01:15:03.880] I just noticed that.
[01:15:03.880 --> 01:15:04.880] Wait, hold on.
[01:15:04.880 --> 01:15:05.880] Hold on.
[01:15:05.880 --> 01:15:07.880] Wait, Brett, do you know anything about that?
[01:15:07.880 --> 01:15:11.880] What is it from the Secretary of State?
[01:15:11.880 --> 01:15:14.880] The National Corporation.
[01:15:14.880 --> 01:15:15.880] No, I don't know.
[01:15:15.880 --> 01:15:19.880] Are they a special corporation?
[01:15:19.880 --> 01:15:25.880] Can you email me about that?
[01:15:25.880 --> 01:15:27.880] Yes.
[01:15:27.880 --> 01:15:31.880] I got annoyed with the legal firm a while back when I didn't really have the time.
[01:15:31.880 --> 01:15:41.880] But like I said, to hold that professional corporation because I wondered what the heck the PC is at the end of all their stupid little alchemy or whatever.
[01:15:41.880 --> 01:15:45.880] Anyways, but they have to apply for that, especially from the Secretary of State.
[01:15:45.880 --> 01:15:50.880] Anyways, just one more way to be annoying and be a thorn in their side.
[01:15:50.880 --> 01:15:52.880] Yeah, but that's right.
[01:15:52.880 --> 01:15:59.880] Any corporation, the legal fiction and that has to be filed with the Secretary of State.
[01:15:59.880 --> 01:16:02.880] The professional corporation.
[01:16:02.880 --> 01:16:11.880] Have you ever looked into the requirements or if they have a special category?
[01:16:11.880 --> 01:16:17.880] There has to be some special regulation on that.
[01:16:17.880 --> 01:16:18.880] Yes, sir.
[01:16:18.880 --> 01:16:28.880] Send me an email to remind me and when I get that, I'll go online, do a little research, see what I can find about them.
[01:16:28.880 --> 01:16:34.880] All right, so before I hang up, please give me your email one more time.
[01:16:34.880 --> 01:16:41.880] Okay, we seem to be having some issues about bumper music a little loud.
[01:16:41.880 --> 01:16:46.880] Email Randy at ruleoflawradio.com.
[01:16:46.880 --> 01:16:51.880] That's Randy at ruleoflawradio.com.
[01:16:51.880 --> 01:16:53.880] Hang on, go to our sponsors.
[01:16:53.880 --> 01:16:59.880] We'll be right back.
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[01:17:59.880 --> 01:18:04.880] Are you wondering what this world is coming to and why God isn't stopping it?
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[01:18:11.880 --> 01:18:15.880] where Nana and guests study God's Word to find these answers and more.
[01:18:15.880 --> 01:18:21.880] Join us for both verse-by-verse Bible studies and topical Bible studies designed to explain God's plan,
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[01:19:10.880 --> 01:19:23.880] You are my strength when I am weak. You are the treasure that I seek. You are my only hope.
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[01:20:02.880 --> 01:20:08.880] Okay, we are back. Randy Kelkin, Red Mountain, beautiful on radio.
[01:20:08.880 --> 01:20:17.880] And it is the 1st of April, Thursday, the 1st of April, 2021.
[01:20:17.880 --> 01:20:25.880] And we're going to Patty in Texas. Hello, Patty.
[01:20:25.880 --> 01:20:27.880] Patty?
[01:20:27.880 --> 01:20:28.880] Hello?
[01:20:28.880 --> 01:20:29.880] Yes.
[01:20:29.880 --> 01:20:31.880] All right.
[01:20:31.880 --> 01:20:40.880] I was afraid I'd put you to sleep. I have that effect on my listeners.
[01:20:40.880 --> 01:20:53.880] Last week we had someone called in earlier and we were a couple hours in the show and I clicked on them and all we got was snoring.
[01:20:53.880 --> 01:20:55.880] No, no.
[01:20:55.880 --> 01:20:59.880] Okay, we didn't hear any snoring this time, so we're good.
[01:20:59.880 --> 01:21:02.880] Yeah, we're good.
[01:21:02.880 --> 01:21:05.880] Okay, what do you have for us, Patty?
[01:21:05.880 --> 01:21:20.880] Well, I received a letter from Mr. Garcia and he sent me six letters.
[01:21:20.880 --> 01:21:38.880] Three certified and three regular males. And each one of them was, one was addressed to me, one was addressed to my mother, and then one was addressed to occupants.
[01:21:38.880 --> 01:21:42.880] And I get so careful when he does this, but...
[01:21:42.880 --> 01:21:45.880] He's covering all these bases.
[01:21:45.880 --> 01:21:51.880] Well, he doesn't have anything to say, so he figures if he says it six times, that'd probably be better.
[01:21:51.880 --> 01:22:10.880] I guess. I mean, you know, I don't know. And then he says that he calls and we're going to have a virtual meeting again on the 29th of April.
[01:22:10.880 --> 01:22:14.880] Wait, wait, wait, wait. A meeting with him?
[01:22:14.880 --> 01:22:19.880] No, with the judge and him, I guess.
[01:22:19.880 --> 01:22:28.880] What's the nature of the meeting? He don't get to tell you anything. Did you receive anything from the court?
[01:22:28.880 --> 01:22:30.880] The court didn't say anything.
[01:22:30.880 --> 01:22:32.880] No, it came straight from him.
[01:22:32.880 --> 01:22:38.880] Yeah, he's impersonating a judicial officer and sending a court summons, simulating legal process.
[01:22:38.880 --> 01:22:42.880] Did he say what it was about?
[01:22:42.880 --> 01:22:45.880] About the foreclosure.
[01:22:45.880 --> 01:22:48.880] No, he has to be a lot more specific than that.
[01:22:48.880 --> 01:22:57.880] He was. He said it's about the motion to vacate the denial of the order, the denial order for the foreclosure.
[01:22:57.880 --> 01:23:06.880] See, this is the expedited foreclosure that they tried to do, the one where, hey, can we just slip this under the wire real quick and don't ask us to prove anything?
[01:23:06.880 --> 01:23:12.880] And so it's an expedited that they were asking for.
[01:23:12.880 --> 01:23:23.880] And when she surprised them and had a response to oppose that, timely, well, then they tried to argue and say it wasn't timely, and we showed how they lied about that.
[01:23:23.880 --> 01:23:30.880] Then they had to say, oh, but, but, but, but, and then they had to go have a hearing.
[01:23:30.880 --> 01:23:41.880] That's ruled against them in Patty's favor. And now he's trying to say, oh, will you please, he put in a motion to vacate that order?
[01:23:41.880 --> 01:23:53.880] Only thing is, the rule seven is 36 for an expedited foreclosure specifically says that you can't challenge that ruling.
[01:23:53.880 --> 01:23:56.880] Once you've got a ruling on this expedited, there is no challenge to get.
[01:23:56.880 --> 01:24:03.880] You don't get to say, I want a motion for a new trial or any of that stuff like you normally would, you normally could do all that.
[01:24:03.880 --> 01:24:11.880] But this particular expedited thing explicitly forbids him to have a motion to vacate.
[01:24:11.880 --> 01:24:16.880] He says, if you want to go start, you want to challenge it, you have to start a brand new suit.
[01:24:16.880 --> 01:24:19.880] You're filing fees and start over.
[01:24:19.880 --> 01:24:35.880] Brett, you have to prepare her response and put some of those, what do they call them, emojis and little smiley faces on there.
[01:24:35.880 --> 01:24:54.880] You have to put smiley faces, not upset faces or one with her. You need to find that one where there's one for a drunk and her eyes are rolling.
[01:24:54.880 --> 01:24:59.880] Oh, you should see. The response went out yesterday.
[01:24:59.880 --> 01:25:04.880] And you should see, we've got it pretty strong there for him.
[01:25:04.880 --> 01:25:06.880] Did you ask for sanctions?
[01:25:06.880 --> 01:25:08.880] Yes.
[01:25:08.880 --> 01:25:10.880] Good.
[01:25:10.880 --> 01:25:13.880] Pretty strong sanctions.
[01:25:13.880 --> 01:25:15.880] Yeah, I put in there that the...
[01:25:15.880 --> 01:25:17.880] I shouldn't have said that.
[01:25:17.880 --> 01:25:19.880] I'm sorry?
[01:25:19.880 --> 01:25:28.880] I said, money sanctions. I like that. Not that I'm getting things, but I like it anyway.
[01:25:28.880 --> 01:25:39.880] Everything's political and all politics goes to the money.
[01:25:39.880 --> 01:25:43.880] Well, you don't really believe that I'll get anything, do you?
[01:25:43.880 --> 01:25:53.880] Don't know. It depends on whether or not the judge is sensitive to public opinion.
[01:25:53.880 --> 01:26:07.880] He had over 30 people listening in that last hearing. That gets their attention.
[01:26:07.880 --> 01:26:12.880] Okay, what did you, what all did you put in there, Brett?
[01:26:12.880 --> 01:26:23.880] It's six pages, but I, let's see, just as a highlight, I gave simple reason to sanction and deny and move on.
[01:26:23.880 --> 01:26:32.880] I said, if this honorable court would prefer a quick and solid reason to disregard Garcia's arrogant frivolity and sanction him justly so we can all move on,
[01:26:32.880 --> 01:26:36.880] it will simply, it will suffice to simply take judicial notice that.
[01:26:36.880 --> 01:26:47.880] We go down there and put in there, Garcia is now attempting to do exactly what rule 736 explicitly prohibits,
[01:26:47.880 --> 01:26:52.880] namely post-judgment modification or correction of this honorable court's ruling.
[01:26:52.880 --> 01:27:00.880] Garcia demonstrates brazen lawlessness and then I quoted the rule.
[01:27:00.880 --> 01:27:12.880] And we went on down to recap, Garcia offered no relevant proof and is indeed incompetent to do so having no personal knowledge of any facts relevant to the controversy he was hoping to create.
[01:27:12.880 --> 01:27:15.880] He failed to bring any witness to testify under oath.
[01:27:15.880 --> 01:27:26.880] None of his own mumbling or reciting of notes by unidentified authors can be reasonably construed as evidence admissible per the Texas Rules of Evidence.
[01:27:26.880 --> 01:27:30.880] We went on and on.
[01:27:30.880 --> 01:27:41.880] It's frivolous for Garcia to keep desperately chanting his empty assertions of having complied with rule 736 while actually having presented no affidavits on file and no evidence at all.
[01:27:41.880 --> 01:27:44.880] Rule 736 explicitly requires this.
[01:27:44.880 --> 01:27:49.880] Up front and at the hearing, Garcia's motion to vacate must be denied.
[01:27:49.880 --> 01:27:52.880] We went on and on.
[01:27:52.880 --> 01:27:59.880] On the other hand, if this honorable court sees fit to consider giving any credence whatsoever to this motion to vacate,
[01:27:59.880 --> 01:28:16.880] the post-judgment motion of a non-party who lacks standing and tries to go after the wrong party and screws up the notice and tries to invoke a rule of procedure that he repeatedly fails or refuses to comply with while frivolously insisting that he has complied as if that makes it true.
[01:28:16.880 --> 01:28:32.880] And while making inadmissible assertions of fact and erroneous conclusions of law out of his own incompetent mouth, then this instant opposition should be construed as not only an objection to that motion's irrelevance,
[01:28:32.880 --> 01:28:38.880] but also a motion to sanction him and strike his pleading as without spending.
[01:28:38.880 --> 01:28:51.880] And it goes on for like five pages. I have five more pages. It says, we don't have time to wade through his 14 pages of pure fluff.
[01:28:51.880 --> 01:28:56.880] So I highlighted a few things.
[01:28:56.880 --> 01:29:09.880] Lie number one, lie number two, page two, point number three, you know, went through down these lie number three, admission number one of crime, admission number two of crime.
[01:29:09.880 --> 01:29:17.880] We got down to four crimes. He admitted admission number one of misconduct. I mean, boom, every one of these are highlighting and I'm sure he's embarrassed about this, but he shouldn't have done it.
[01:29:17.880 --> 01:29:23.880] He's probably rolling his eyes.
[01:29:23.880 --> 01:29:29.880] He's either rolling his eyes or sewing his button back on his shirt.
[01:29:29.880 --> 01:29:45.880] I put a Bible verse in there, too. I put a righteous judge should inquire diligently and thoroughly into the matter and should do to false accusers what they had intended to have done to be accused, Deuteronomy 19 verses 18 and 19.
[01:29:45.880 --> 01:29:47.880] So I put that in there for us.
[01:29:47.880 --> 01:29:49.880] Nice touch.
[01:29:49.880 --> 01:29:54.880] Okay. Do you have anything else, Patty?
[01:29:54.880 --> 01:30:01.880] Hang on. We're about to go to our sponsors. We'll pick this up on the other side.
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[01:34:18.880 --> 01:34:27.880] Alright, we are back in the rule of law radio. Randy Kelton, I'm Brett Fountain and we are talking with Patty in Texas this evening.
[01:34:27.880 --> 01:34:39.880] Patty, as we were going to the sponsors, you were saying that you did have something else you wanted to bring up about this. Sorry, we kind of commandeered this.
[01:34:39.880 --> 01:34:42.880] What's on your mind?
[01:34:42.880 --> 01:35:01.880] Well, I was just trying to think, you know, I thought that this attorney had, you know, maybe gotten with the clerk and that's how they got this meeting on the 29th.
[01:35:01.880 --> 01:35:09.880] Is that possible or is he just doing it just because? I mean, has he actually found it?
[01:35:09.880 --> 01:35:20.880] Well, there's a possibility that he tried to arrange something and even scheduled with the court coordinator or something. That's possible, but that's not how it's supposed to work.
[01:35:20.880 --> 01:35:29.880] The court is supposed to send it out. Not an attorney. And the attorney is supposed to work with the people on the other side.
[01:35:29.880 --> 01:35:39.880] So normally it would be attorneys calling each other and saying, hey, can you do this on Thursday? Oh, well, actually I've got court that morning. Can you make it on a Friday?
[01:35:39.880 --> 01:35:44.880] Yeah, no problem. So they'll set it up working out between their own schedules.
[01:35:44.880 --> 01:35:55.880] Besides Patty, you have to have your nails done that day.
[01:35:55.880 --> 01:36:01.880] So it's supposed to be the court that sends out the notice of a hearing.
[01:36:01.880 --> 01:36:13.880] And, you know, if the people on both sides can't come up with an appropriate time, the court picks a time, that's fine, but it has to come from the court. You can't be summoned by an attorney.
[01:36:13.880 --> 01:36:18.880] He's impersonating a judicial officer when he does that. That's a crime.
[01:36:18.880 --> 01:36:29.880] And when he puts it down on paper and he sends you this paper that makes it look like you have to do something based on the document, it says the putative authority of the document.
[01:36:29.880 --> 01:36:39.880] It means when you look at the document, it makes you feel like you have to do something based on what's written there. Oh, I have to show up. I have to do something.
[01:36:39.880 --> 01:36:45.880] Well, then that's called simulating legal process. That's a crime.
[01:36:45.880 --> 01:36:51.880] Exactly what I was thinking.
[01:36:51.880 --> 01:37:05.880] Well, then, and I kind of told Brett, I said, I guess the attorney thinks that we're really stupid.
[01:37:05.880 --> 01:37:09.880] Yes. As a matter of fact, they tend to do that.
[01:37:09.880 --> 01:37:20.880] Attorneys believe, you know, when attorney, when a lawyer becomes an attorney, everybody comes to him asking for advice.
[01:37:20.880 --> 01:37:30.880] And they tend to get the opinion that only they can think. It's a occupational hazard.
[01:37:30.880 --> 01:37:40.880] You know, I do this radio show and people call me asking for my opinion all the time. And it scares me. It makes me uncomfortable.
[01:37:40.880 --> 01:37:48.880] The fact that one of my callers brought up something that I never heard of. I really like that.
[01:37:48.880 --> 01:38:00.880] Because I don't want anybody to think that I got all the answers. I don't have all the answers. And I absolutely do not want to delude myself into thinking I do.
[01:38:00.880 --> 01:38:03.880] Lawyers tend to do that.
[01:38:03.880 --> 01:38:09.880] But on the other hand, that makes them vulnerable.
[01:38:09.880 --> 01:38:24.880] Imagine this lawyer going back to his office and he's got this little old lady just kicking his behind.
[01:38:24.880 --> 01:38:31.880] He goes into the break room and they're all ribbing him about how he can't stand up properly to you.
[01:38:31.880 --> 01:38:42.880] So how are you doing with Patty? Is she wiping the floor with you?
[01:38:42.880 --> 01:38:55.880] Okay, I don't know what I'd do without you and Brett. I really don't. I'm just so grateful and thankful.
[01:38:55.880 --> 01:39:06.880] Well, I know I do and I'm sure that Brett is worse than me. He takes way too much pleasure in beating these guys up.
[01:39:06.880 --> 01:39:09.880] But only if they deserve it.
[01:39:09.880 --> 01:39:11.880] But they all deserve it.
[01:39:11.880 --> 01:39:12.880] Well, that's a good point.
[01:39:12.880 --> 01:39:19.880] Comes with the territory. Okay, we do need to move along, Patty. We've got four minutes and two more callers.
[01:39:19.880 --> 01:39:20.880] Thank you.
[01:39:20.880 --> 01:39:24.880] Three more callers. We just got to know that talk.
[01:39:24.880 --> 01:39:26.880] All right. Thank you.
[01:39:26.880 --> 01:39:32.880] Okay. Thank you, Patty. Okay, now we're going to go to Tina in California.
[01:39:32.880 --> 01:39:36.880] Hello, Tina. What do you have for us today?
[01:39:36.880 --> 01:39:43.880] Well, you know, Randy, I think you need to sanction Brett because he's having way too much fun with this guy.
[01:39:43.880 --> 01:39:44.880] You got a point there.
[01:39:44.880 --> 01:39:49.880] He is really going for it and I love it.
[01:39:49.880 --> 01:40:04.880] You know, I have a couple of times at one time I wrote a pleading and for the other lawyer I put in something like shyster or some really derogatory term.
[01:40:04.880 --> 01:40:09.880] And I intended to do a search and replace when I was finished.
[01:40:09.880 --> 01:40:22.880] But when I got done, I said heck with it and just left it in there. And the judge was reading the pleading and every time you could tell when he got to that because he tried to suppress a grin.
[01:40:22.880 --> 01:40:34.880] And when he finished reading it, he said, Mr. Kelton, I realized you thought that was humorous, but we won't be doing that again.
[01:40:34.880 --> 01:40:40.880] I said, oh, judge, I'm sorry. I meant to do a search and replace it. I just forgot.
[01:40:40.880 --> 01:40:49.880] And the judge said, sure you did. But clearly, I made points with the judge.
[01:40:49.880 --> 01:40:56.880] Judges sit up there and they go through this boring stuff all day every day.
[01:40:56.880 --> 01:41:00.880] Somebody comes along and gives them a little chuckle in the grin.
[01:41:00.880 --> 01:41:10.880] You kind of appreciate that. And Brett has a unique way of turning a phrase.
[01:41:10.880 --> 01:41:19.880] It was funny listening to him saying that and Miss Patty. Miss Patty is awesome. I mean, she is doing great.
[01:41:19.880 --> 01:41:27.880] And Brett, this is hysterical. I think I have to edit mine when I put my next one in against the attorney and the firm.
[01:41:27.880 --> 01:41:31.880] But anyway, I know we've got to move on.
[01:41:31.880 --> 01:41:48.880] But a couple of things. I had a status conference hearing in the adversary proceeding case yesterday regarding the consignment store that is trying to file bankruptcy after they took everyone's property and sold it without authority.
[01:41:48.880 --> 01:41:58.880] And the other side, you know, has an attorney. It's that fourth one. And he is just a, he begins with an A and ends with an F.
[01:41:58.880 --> 01:42:06.880] But anyway, there you go. He really, he was supposed to send us discovery and all these other things.
[01:42:06.880 --> 01:42:15.880] And he could say, yes, we'll do this and do this. He waited till the last minute and sent us a few things, which wasn't really what we wanted.
[01:42:15.880 --> 01:42:22.880] It wasn't the great stuff. And I was waiting for him to send it because he said, well, we're going to produce this.
[01:42:22.880 --> 01:42:30.880] So I didn't file a motion to compel. Not thinking because I've got all these other cases on and reading.
[01:42:30.880 --> 01:42:34.880] And we got in front of the judge and he said a little piece about ready for trial.
[01:42:34.880 --> 01:42:41.880] And I said my piece and said, yes, we will be, but we're missing a lot of the discovery that we've asked for.
[01:42:41.880 --> 01:42:45.880] And he said, well, discover is over, judge, discover is over, over today.
[01:42:45.880 --> 01:42:49.880] And, you know, I said, well, your honor, we asked for all this stuff.
[01:42:49.880 --> 01:43:01.880] And, you know, then I went into the district attorney, you know, almost being finished with his investigation into the criminal complaint against her and the bad check case.
[01:43:01.880 --> 01:43:04.880] And this may affect the case.
[01:43:04.880 --> 01:43:12.880] So although we'll be ready for trial in all this, if he produces discovery, judge, this is over. The discovery was over today.
[01:43:12.880 --> 01:43:17.880] And the judge said, well, I'm extending discovery for 60 days.
[01:43:17.880 --> 01:43:25.880] Well, he didn't like, he knew he had tried to get one over on us.
[01:43:25.880 --> 01:43:28.880] And it was just like that.
[01:43:28.880 --> 01:43:35.880] I'll see a guy, just a joke. So, oh, you're letting me off the tip. It's all your fault, Brett.
[01:43:35.880 --> 01:43:40.880] And we're talking to you, but you're having too much fun.
[01:43:40.880 --> 01:43:44.880] Tina's learning the routine.
[01:43:44.880 --> 01:43:48.880] Yes, I am.
[01:43:48.880 --> 01:43:50.880] I love you, Brett, for your team.
[01:43:50.880 --> 01:43:51.880] Yeah.
[01:43:51.880 --> 01:43:52.880] She didn't run over yet.
[01:43:52.880 --> 01:43:54.880] Yeah, blame Brett for everything.
[01:43:54.880 --> 01:43:59.880] Randy Kelton, Brett Fouton, Ribbler Radio, we'll be right back.
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[01:46:41.880 --> 01:46:43.880] Okay, we are back.
[01:46:43.880 --> 01:46:54.880] We're in DeKalb and Brett Fountain, rule of law radio, and we're talking to Tina in California. Tina, do you have anything else for us?
[01:46:54.880 --> 01:46:58.880] Oh, I guess we can hear you better if I unmute you.
[01:46:58.880 --> 01:47:01.880] Yeah, that would be good.
[01:47:01.880 --> 01:47:10.880] I wanted to tell you that the judge further went on to sort of kind of help us a little bit, even though she's not supposed to,
[01:47:10.880 --> 01:47:19.880] because she went on to say, well, I just want to let you know that there are procedures in here to get what you need in discovery.
[01:47:19.880 --> 01:47:29.880] And perhaps you might like to read through this, you know, rule, the rule of the court, and specifically 727 and 523.
[01:47:29.880 --> 01:47:34.880] And we'll set the next hearing, you know, for 60 days.
[01:47:34.880 --> 01:47:43.880] And she said, I didn't get a joint discovery, a joint status conference, but I'm leaving the need for one for the next one,
[01:47:43.880 --> 01:47:51.880] because he tried to pull a fast one there and she recognized it. He said, well, nobody contacted me about this status conference,
[01:47:51.880 --> 01:47:57.880] so I'm filing a unilateral one. So I fired off one, said, well, the plaintiff's counsel has contacted us.
[01:47:57.880 --> 01:48:06.880] You know, we would have complied, but he chose not to, just to let us know that, you know, we're pro se and we're doing the best we can.
[01:48:06.880 --> 01:48:19.880] So she's going to get another of those, you know, complimentary letters to the state bar, the judicial bar, because she completely followed the judicial, you know...
[01:48:19.880 --> 01:48:33.880] And let me comment on that. You know, we do this show when people call in and they gripe and complain and raise cane about the judges and the prosecutors and police.
[01:48:33.880 --> 01:48:42.880] But when the police do it right, when they do what they should be doing, we really need to let them know that we appreciate that.
[01:48:42.880 --> 01:48:51.880] My favorite story on that is Dr. Bill V. He's a clinical psychologist out of Boston.
[01:48:51.880 --> 01:49:04.880] I was in his house, he has a great house, and I commented on some of the subtle nature of the building of the house.
[01:49:04.880 --> 01:49:13.880] A 20-year-old plastic bathtub that the caulking seal around the bathtub had not cracked.
[01:49:13.880 --> 01:49:19.880] I'm sorry, it was 15 years old. It had not cracked. That was amazing.
[01:49:19.880 --> 01:49:31.880] How did they manage to mount this tub so stable that it, getting in and out of it, since it's plastic in terms of moving, didn't crack the ceiling around it?
[01:49:31.880 --> 01:49:36.880] And he said, yes, he was really pleased with his house.
[01:49:36.880 --> 01:49:45.880] And he wrote a letter to the contractor telling him how much he appreciated the quality of their work.
[01:49:45.880 --> 01:49:52.880] Some 15 years later, a salesman came to sell him a new house.
[01:49:52.880 --> 01:50:00.880] And in the process, he showed him a letter from a satisfied customer.
[01:50:00.880 --> 01:50:07.880] It was Dr. V's letter. It makes a big difference.
[01:50:07.880 --> 01:50:16.880] I had a DPS officer recognize me when I walked in to the JP office. He said, hello, Mr. Kelton.
[01:50:16.880 --> 01:50:22.880] And I looked up at him and I said, he said, I didn't say anything.
[01:50:22.880 --> 01:50:25.880] First, I looked up at him and he said, you don't remember me, do you?
[01:50:25.880 --> 01:50:30.880] I said, did you arrest me? And there's about half a dozen of them there.
[01:50:30.880 --> 01:50:36.880] And one of them said, I did. And the other one said, I will, because they all kind of knew me.
[01:50:36.880 --> 01:50:40.880] I was pulled over on the side of the road and I had a brand new avalanche.
[01:50:40.880 --> 01:50:47.880] First year they came out, 03. And I had a 350 motor in the back and I had it strapped down.
[01:50:47.880 --> 01:50:50.880] And I was driving and it was kind of wiggling, so I got back there to tighten it up.
[01:50:50.880 --> 01:50:56.880] It's a usually grand. This highway patrol guy stopped and rolled down these windows and said, do you need any help?
[01:50:56.880 --> 01:51:02.880] And I told him, no, this motor is kind of moving around and why scratch this brand new avalanche?
[01:51:02.880 --> 01:51:07.880] You'll need to come and investigate my murder because my wife's going to kill me.
[01:51:07.880 --> 01:51:11.880] And he said, oh, well, okay, I just wanted to see if he needed any help.
[01:51:11.880 --> 01:51:20.880] And then he went on. I called the sergeant once I got back in the car and told him where I was at.
[01:51:20.880 --> 01:51:27.880] And I just had one of your DPS guys stop in the road and rolled down his window in the rain and asked me if I needed any help.
[01:51:27.880 --> 01:51:32.880] And he said, and this particular sergeant hated me.
[01:51:32.880 --> 01:51:37.880] JP told me, you know, he hates you. And I said, yeah, I know.
[01:51:37.880 --> 01:51:42.880] And he said, well, what's the problem, Mr. Kelton? I said, no problem at all.
[01:51:42.880 --> 01:51:56.880] I just wanted to let you know how much I appreciated the fact that this man stopped genuinely to offer me help and not just find a reason to try to arrest me or write me a citation.
[01:51:56.880 --> 01:52:04.880] Two years later, I walked into JP's office and he recognized me immediately.
[01:52:04.880 --> 01:52:08.880] That means that letter met a lot.
[01:52:08.880 --> 01:52:14.880] We should absolutely write letters when they do the right thing the right way.
[01:52:14.880 --> 01:52:25.880] If we want our public officials to do the right thing the right way, we not only do we have to sting them when they don't, we have to pick them up when they do.
[01:52:25.880 --> 01:52:29.880] That's my story and I'm sticking to it.
[01:52:29.880 --> 01:52:44.880] Well, on that note, what do you think about me writing a letter to the judge in this had his case or to the judicial, you know, in Texas, whatever it is, stating that as a court watcher in this hearing,
[01:52:44.880 --> 01:52:55.880] I found the judge to adhere to the judicial canons of ethics and treat this first day litigant with the respect that she deserved.
[01:52:55.880 --> 01:53:00.880] I think the judge would frame that and put it on his wall.
[01:53:00.880 --> 01:53:07.880] Well, Brett, I need to collaborate on that because I will happily write that and send it in.
[01:53:07.880 --> 01:53:15.880] If you are a good judge, nobody's going to be happy.
[01:53:15.880 --> 01:53:18.880] Neither party is going to get everything they want.
[01:53:18.880 --> 01:53:24.880] So if you're a judge, you wind up with everybody griping at you.
[01:53:24.880 --> 01:53:30.880] But for someone to send you a real complimentary letter, we need to do this.
[01:53:30.880 --> 01:53:38.880] We need to help the judges have a good reason to do the right thing for the right reason. So I think that's a wonderful idea.
[01:53:38.880 --> 01:53:43.880] And it would in no way compromise the judge.
[01:53:43.880 --> 01:53:45.880] No, because I'm out of state.
[01:53:45.880 --> 01:53:53.880] Yeah, there's certain communications you can't have, but that would not be one that would in any way compromise a judge.
[01:53:53.880 --> 01:53:57.880] And I think he would take great pleasure in that.
[01:53:57.880 --> 01:54:02.880] Okay, well, I will get that done as soon as I can.
[01:54:02.880 --> 01:54:08.880] And I have one last thing to say on that other case I'm doing with the people who have been defrauded in that scam.
[01:54:08.880 --> 01:54:16.880] We're now up to 1.2 million in qualified restitution for this group.
[01:54:16.880 --> 01:54:18.880] Oh, wonderful.
[01:54:18.880 --> 01:54:27.880] And the attorney called me the other day. We spoke for an hour. I'm sitting in the parking lot at Staples thinking I can't let this go.
[01:54:27.880 --> 01:54:33.880] I can't distract. I can't go in the store. I just sat there and talked to her. This woman is amazing.
[01:54:33.880 --> 01:54:43.880] I've already started my letter. I will finish it, but 1.2 million dollars is going to go back to the people who need it.
[01:54:43.880 --> 01:55:03.880] And she has agreed to let me submit a package of victim impact statements and a letter, and she will submit that to the judge who is hearing the final thing on whether the cases, you know, the claims all go through.
[01:55:03.880 --> 01:55:08.880] Will you call me tomorrow about that?
[01:55:08.880 --> 01:55:10.880] Okay.
[01:55:10.880 --> 01:55:19.880] I would like to talk to you about that. This may be an opportunity to give them a very powerful tool to help disperse more of those funds.
[01:55:19.880 --> 01:55:26.880] I think we should. So anyway, I'll let you go because I know you've got five minutes and you can pick in at least one more caller and we'll talk later.
[01:55:26.880 --> 01:55:30.880] But thank you for having fun. You're having way too much fun.
[01:55:30.880 --> 01:55:31.880] Yes, he is.
[01:55:31.880 --> 01:55:42.880] And speaking of having way too much fun, Bob from Texas and Bob from California has been having way too much fun for a long time.
[01:55:42.880 --> 01:55:46.880] Bob, what are you up to today?
[01:55:46.880 --> 01:56:14.880] Well, I'm calling to find out I have my appeal hearing tomorrow, arguments tomorrow. And I was wondering if you could give me an idea what to expect or what should I say in the hearing or should I say anything?
[01:56:14.880 --> 01:56:23.880] Probably the best thing is not to say anything unless the judge asks you.
[01:56:23.880 --> 01:56:37.880] But for me to try to tell you what you should say would be to, I would be embarrassed to try to do that.
[01:56:37.880 --> 01:56:46.880] You have done your homework and you know your subject. And there's not much I could tell you that you don't already know.
[01:56:46.880 --> 01:56:57.880] If you stand before this court with the kind of confidence you demonstrated on this radio, you won't have any problem.
[01:56:57.880 --> 01:56:59.880] Okay.
[01:56:59.880 --> 01:57:04.880] You've done your homework. You've got the issues before the court.
[01:57:04.880 --> 01:57:13.880] The only thing to watch for is the lawyer on the other side, you may want to throw some objections at him.
[01:57:13.880 --> 01:57:20.880] It's always nice to wait till he gets on a roll and object right in the middle.
[01:57:20.880 --> 01:57:24.880] Just to throw him off his game.
[01:57:24.880 --> 01:57:32.880] Oh, that's what I needed right there. When to interject.
[01:57:32.880 --> 01:57:40.880] Well, only if he's doing, if he's trying to introduce evidence, then you object to that because he's the lawyer.
[01:57:40.880 --> 01:57:43.880] The only way he can introduce evidence is by affidavit.
[01:57:43.880 --> 01:57:50.880] Brett, you want to speak to move of evidence that Bob might look for?
[01:57:50.880 --> 01:57:57.880] Well, Texas, we've got rule 602 and it's also the same in federal FRCP.
[01:57:57.880 --> 01:58:08.880] I mean, federal rules of evidence, that's also rule 602. And it's saying that unless he has personal knowledge, he can't be a witness, so he can't testify.
[01:58:08.880 --> 01:58:15.880] Yeah, if he tries to speak to some fact, object of not a fact witness.
[01:58:15.880 --> 01:58:17.880] That's your say.
[01:58:17.880 --> 01:58:25.880] All right, well, thanks a lot and I don't want you to get ever mad about running off the cliff.
[01:58:25.880 --> 01:58:27.880] Oh, okay, we will try not to do that.
[01:58:27.880 --> 01:58:32.880] Randy Kelton, Brett Fountain and Ryan, if you're listening, you dropped off.
[01:58:32.880 --> 01:58:36.880] If you'll call back tomorrow night, we'll take you on and take you first.
[01:58:36.880 --> 01:58:45.880] This is Randy Kelton, Brett Fountain. We will low radio. We'll be back tomorrow night on our four hour info marathon.
[01:58:45.880 --> 01:58:49.880] Thank you all for listening and good night.
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