ROL_2021-05-21_16k_Hr3-4.timecode

[00:11.920 --> 00:20.960]  an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel,
[00:20.960 --> 00:29.240]  Brent crude $62.47 a barrel, and crypto is in order of market cap, bitcoin core $10,566.52,
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[00:40.720 --> 00:42.720]  crypto coin.
[00:42.720 --> 00:52.400]  Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb was detonated
[00:52.400 --> 00:57.720]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[00:57.720 --> 01:04.720]  10 and injuring 40.
[01:04.720 --> 01:09.400]  In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp and
[01:09.400 --> 01:14.080]  a Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.080 --> 01:18.040]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.040 --> 01:22.720]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.720 --> 01:24.680]  to test the herb for THC.
[01:24.680 --> 01:28.400]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.400 --> 01:33.320]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.320 --> 01:34.320]  law.
[01:34.320 --> 01:37.580]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.580 --> 01:42.080]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.220]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:48.220 --> 01:54.380]  As well as other cities too, like the District Attorney in El Paso, Jaime Esparza, a Democrat
[01:54.380 --> 01:58.940]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.940 --> 02:01.600]  prosecution of marijuana cases in El Paso.
[02:01.600 --> 02:06.680]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.680 --> 02:11.080]  in Harris County who stated that, quote, the law is constantly changing on what makes something
[02:11.080 --> 02:13.440]  illegal based on its chemical makeup.
[02:13.440 --> 02:17.320]  It's important that if someone is charged with something, the test matches what they're
[02:17.320 --> 02:22.520]  charged with.
[02:22.520 --> 02:27.200]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.200 --> 02:32.320]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.320 --> 02:37.960]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:37.960 --> 02:39.440]  Pacific Ocean.
[02:39.440 --> 02:43.760]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.760 --> 02:45.600]  its front fins.
[02:45.600 --> 03:02.960]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[03:15.600 --> 03:26.720]  I received my remedy today, came in a box, just like they say, I accepted it for value
[03:26.720 --> 03:32.320]  right away, if not sooner, not later.
[03:32.320 --> 03:39.760]  We are originators and the pathway seems to get straighter every day.
[03:39.760 --> 03:46.400]  And I can take anything that belongs to me and put it to good use.
[03:46.400 --> 03:53.840]  What I was good for the gander is going to work for the goose.
[03:53.840 --> 03:55.560]  OK, we are back.
[03:55.560 --> 04:02.920]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Chris in Ohio.
[04:02.920 --> 04:05.740]  And this is a routine.
[04:05.740 --> 04:08.120]  We talk about this on there quite a bit.
[04:08.120 --> 04:10.640]  You run the routine on them.
[04:10.640 --> 04:16.920]  You start out with your complaint against an ordinary individual and then you go, when
[04:16.920 --> 04:21.720]  the magistrate fails to perform his duty, then you go after him.
[04:21.720 --> 04:29.400]  And back to the Ku Klux Klan Act, 1871, it says that a public official exerts or purports
[04:29.400 --> 04:36.240]  to exert an authority he does not expressly have or fails to perform a duty he's required
[04:36.240 --> 04:37.240]  to perform.
[04:37.240 --> 04:42.360]  And in the process denies a citizen in the full and free access to her enjoyment of right.
[04:42.360 --> 04:45.360]  Well, that's a crime in every state.
[04:45.360 --> 04:49.720]  It's generally a Class A misdemeanor.
[04:49.720 --> 04:56.840]  On the East Coast, they've got some strange names for their charges, but basically it's
[04:56.840 --> 04:59.600]  next thing to a felony.
[04:59.600 --> 05:03.400]  Even if a judge does it, it's still a crime.
[05:03.400 --> 05:10.240]  So you make up a criminal complaint against the judge and you go to the next higher level
[05:10.240 --> 05:17.240]  judge and say, well, this other judge here, he failed to hold an examining trial on my
[05:17.240 --> 05:18.880]  criminal complaints.
[05:18.880 --> 05:24.280]  Chris, I guess you've heard about the criminal complaint I filed against the governor.
[05:24.280 --> 05:26.200]  Yeah, yes, sir.
[05:26.200 --> 05:27.200]  Okay.
[05:27.200 --> 05:29.880]  Well, that was just a setup.
[05:29.880 --> 05:32.360]  I really didn't care about that.
[05:32.360 --> 05:35.560]  I used that to set up the governor.
[05:35.560 --> 05:42.480]  I used the governor as a crash dummy so I could get to the Chief Justice of the Supreme.
[05:42.480 --> 05:49.280]  I filed a complaint against the governor on October the 8th with the Travis County grand
[05:49.280 --> 05:51.080]  jury.
[05:51.080 --> 05:58.600]  On October the 9th, I sent a verified copy to the Chief Justice of the Supreme in his
[05:58.600 --> 06:03.120]  capacity as a magistrate.
[06:03.120 --> 06:11.560]  Article 2.09, Texas Code of Criminal Procedure says, who are magistrates?
[06:11.560 --> 06:16.240]  First one, justices of the Supreme Court.
[06:16.240 --> 06:23.440]  So since I was filing a criminal complaint against the highest level officer in the executive
[06:23.440 --> 06:30.360]  branch, it was appropriate that I give notice to a magistrate who was the highest level
[06:30.360 --> 06:32.880]  magistrate in the judicial branch.
[06:32.880 --> 06:34.760]  That seemed reasonable.
[06:34.760 --> 06:35.760]  Makes sense.
[06:35.760 --> 06:37.880]  Yeah, does it make sense?
[06:37.880 --> 06:42.560]  Well, he didn't hold an examining trial.
[06:42.560 --> 06:46.060]  So in Texas, we have two courts.
[06:46.060 --> 06:48.520]  We have a Supreme for criminal.
[06:48.520 --> 06:54.820]  We have Court of Criminal Appeals for, I'm sorry, we have a Supreme for civil, Court
[06:54.820 --> 06:57.420]  of Criminal Appeals for criminal.
[06:57.420 --> 07:04.320]  So when the Chief Justice failed to notify me of an examining trial, I filed criminal
[07:04.320 --> 07:11.720]  charges with the presiding judge of the Court of Criminal Appeals, Sharon Keller.
[07:11.720 --> 07:19.280]  Now, she should have got this because I put her in front of a grand jury in 2008.
[07:19.280 --> 07:27.660]  So I accused the Chief Justice of the Supreme of denying the governor in due process by
[07:27.660 --> 07:35.860]  denying him in the opportunity to enter exculpatory evidence that the grand jury can consider
[07:35.860 --> 07:38.780]  with my criminal complaint.
[07:38.780 --> 07:39.960]  But he didn't do that.
[07:39.960 --> 07:45.640]  He didn't hold an examining trial, so he denied the governor in that opportunity.
[07:45.640 --> 07:53.440]  Well, she didn't hold an examining trial either.
[07:53.440 --> 07:56.000]  You see where I'm going.
[07:56.000 --> 07:57.920]  I really wasn't after the governor.
[07:57.920 --> 08:01.040]  He was just my crash dummy.
[08:01.040 --> 08:03.040]  Yeah.
[08:03.040 --> 08:06.280]  But who do you go to after that?
[08:06.280 --> 08:08.880]  The Supreme Supreme Court?
[08:08.880 --> 08:10.760]  Yeah.
[08:10.760 --> 08:13.880]  You just walk your way up.
[08:13.880 --> 08:21.040]  Depending on the level of official I'm going after, here you can start at the bottom or
[08:21.040 --> 08:25.240]  you can start at the highest level judge in the district.
[08:25.240 --> 08:34.360]  Keep in mind, when you walk into a courthouse, you're not a judge, a prosecutor, a clerk,
[08:34.360 --> 08:35.360]  a bailiff.
[08:35.360 --> 08:38.840]  They're all public servants.
[08:38.840 --> 08:42.760]  You are the master of those servants.
[08:42.760 --> 08:47.840]  Now, they may have to follow some protocol.
[08:47.840 --> 08:51.280]  You don't have to follow diddly squat.
[08:51.280 --> 08:52.760]  You don't work for them.
[08:52.760 --> 08:56.960]  They can take their policies and use them for toilet paper.
[08:56.960 --> 09:02.600]  And I tell public officials that on a regular basis.
[09:02.600 --> 09:08.920]  I had a district judge in Denton County when I quoted attorney general opinion H500 to
[09:08.920 --> 09:09.920]  him.
[09:09.920 --> 09:14.960]  When I'm trying to get him to hold an examining trial on criminal complaints against the district
[09:14.960 --> 09:21.280]  attorney, he said, Mr. Kelton, as far as this court is concerned, you can use an attorney
[09:21.280 --> 09:24.520]  general's opinion for toilet paper.
[09:24.520 --> 09:27.560]  His name was Judge Shippen.
[09:27.560 --> 09:32.200]  I said, well, your honor, I can appreciate that.
[09:32.200 --> 09:40.040]  But I hope you don't find the underlying stare decisis quite so versatile because an attorney
[09:40.040 --> 09:46.240]  general's opinion is a legal brief.
[09:46.240 --> 09:49.280]  I had great fun that day.
[09:49.280 --> 09:58.800]  The only problem with doing this kind of thing is you will get to enjoy it way too much.
[09:58.800 --> 10:04.960]  I found a habeas corpus in Conroe, Texas, with a district judge.
[10:04.960 --> 10:08.400]  They stopped a murder trial to hear my habeas.
[10:08.400 --> 10:11.340]  And the judge wouldn't hear the habeas because I wasn't a lawyer.
[10:11.340 --> 10:13.520]  So I asked the bailiff to arrest him.
[10:13.520 --> 10:18.080]  That is so much fun.
[10:18.080 --> 10:19.600]  They are the servants.
[10:19.600 --> 10:20.780]  You are the master.
[10:20.780 --> 10:24.800]  You go where you want to.
[10:24.800 --> 10:28.440]  Look at your grand jury setup.
[10:28.440 --> 10:33.080]  In Pennsylvania and Michigan, you can't get directly to a grand jury.
[10:33.080 --> 10:36.760]  I'm not sure how it works in Ohio.
[10:36.760 --> 10:39.400]  But look at how the grand jury is set up.
[10:39.400 --> 10:44.560]  I always search for duties of grand jurors.
[10:44.560 --> 10:53.360]  In most states and in the Fed, it says the grand jury shall examine into all crimes subject
[10:53.360 --> 11:01.160]  to indictment that come to their knowledge by whatever means.
[11:01.160 --> 11:02.720]  That's somewhat better than Texas.
[11:02.720 --> 11:07.000]  Texas says the grand jury shall investigate into all crimes subject to indictment that
[11:07.000 --> 11:13.400]  come to their knowledge by way of any member of the grand jury, the prosecuting attorney,
[11:13.400 --> 11:17.400]  or any credible person.
[11:17.400 --> 11:23.640]  Veritable person over the age of majority, which in Texas is 18, never been convicted
[11:23.640 --> 11:25.380]  of a felony.
[11:25.380 --> 11:29.440]  See what it says in Ohio.
[11:29.440 --> 11:32.160]  I think we've looked at the Ohio one before.
[11:32.160 --> 11:38.520]  It does have an oath or affirmation, and they do swear basically that same thing.
[11:38.520 --> 11:43.240]  They will diligently inquire into and carefully deliberate all matters that come to their
[11:43.240 --> 11:45.960]  attention.
[11:45.960 --> 11:47.520]  That's pretty much the same thing.
[11:47.520 --> 11:53.360]  Okay, so that means you can go directly to the grand jury.
[11:53.360 --> 11:58.520]  So I like to walk them through the system.
[11:58.520 --> 12:01.200]  At the end of the day, it's all political.
[12:01.200 --> 12:05.760]  You got this company that fired you, well, they're a big company.
[12:05.760 --> 12:11.360]  And they got enough money to fight you, they think.
[12:11.360 --> 12:18.560]  But when the government sued the tobacco companies for adding nicotine to cigarettes to make
[12:18.560 --> 12:23.640]  them more addictive, the tobacco companies had a lot of money and beat them the first
[12:23.640 --> 12:25.200]  two times.
[12:25.200 --> 12:29.720]  The third time, they filed a RICO suit against them.
[12:29.720 --> 12:35.320]  And the directors of the company said, whoa, hold on here.
[12:35.320 --> 12:37.760]  This is RICO.
[12:37.760 --> 12:39.480]  They can put us in jail.
[12:39.480 --> 12:46.520]  RICO is halfway between civil and criminal.
[12:46.520 --> 12:55.460]  They can develop discovery in a civil manner and then use that discovery for criminal prosecution.
[12:55.460 --> 12:58.320]  So look at your state.
[12:58.320 --> 13:04.680]  This company may think they're big, but when you start going after them criminally, that
[13:04.680 --> 13:07.940]  changes everything.
[13:07.940 --> 13:14.880]  What you want to do is get them to come to the table and make a deal.
[13:14.880 --> 13:22.300]  If you think you can sue them and win, good luck with that.
[13:22.300 --> 13:25.300]  You don't have the resources to beat them.
[13:25.300 --> 13:29.180]  They can buy the judges.
[13:29.180 --> 13:35.800]  But what you can do is cost them an ungodly fortune.
[13:35.800 --> 13:39.200]  Men lose or draw, they lose.
[13:39.200 --> 13:48.240]  When you sue them, their only calculation is, how much are we going to lose?
[13:48.240 --> 13:51.280]  Now we can get a claim against this guy, but he can't pay it anyway.
[13:51.280 --> 13:53.760]  He'll just bankrupt out of it.
[13:53.760 --> 13:55.520]  So we're going to lose.
[13:55.520 --> 13:58.360]  So the calculation is how much.
[13:58.360 --> 14:04.040]  What you want to do is raise the calculation.
[14:04.040 --> 14:11.540]  You start going after them criminally, and when a lawyer, one of their lawyers responds
[14:11.540 --> 14:19.120]  to one of your actions, Brett, what do you do?
[14:19.120 --> 14:24.840]  Flick them away the first time, already start bar grieving if you want to.
[14:24.840 --> 14:28.320]  But you flick them away and that makes them irritated.
[14:28.320 --> 14:31.840]  Tell them how much they're bothering you.
[14:31.840 --> 14:37.120]  And then that way, when they come back against you, trying to justify themselves or trying
[14:37.120 --> 14:40.880]  to prove that they belong in the middle of everything, well, you can bar grieve them
[14:40.880 --> 14:47.560]  for barrietry and you can file criminal complaints for harassment and for false impersonation,
[14:47.560 --> 14:49.560]  whatever you want.
[14:49.560 --> 14:50.560]  Pick a number.
[14:50.560 --> 14:55.360]  They go so many directions of wrong, you can hardly keep up.
[14:55.360 --> 15:06.400]  I've been bar grieving a long time, but Brett came up with an epiphany, you're a pro se.
[15:06.400 --> 15:12.280]  And in a court case, the litigants can't talk to the other litigants.
[15:12.280 --> 15:15.560]  They can only talk to the litigants' lawyers.
[15:15.560 --> 15:22.560]  But when one of the litigants doesn't have a lawyer, that requirement goes out the window.
[15:22.560 --> 15:28.860]  So when their lawyers contact you, you tell them to get lost.
[15:28.860 --> 15:31.320]  They're going to say, well, we're the lawyer for the defendant.
[15:31.320 --> 15:35.360]  Well, I don't care who you are, I didn't hire you and I don't have to mess with you.
[15:35.360 --> 15:36.360]  Get lost.
[15:36.360 --> 15:37.480]  Don't bother me.
[15:37.480 --> 15:40.360]  That's what Brett meant by flick them away.
[15:40.360 --> 15:44.480]  When they come back a second time, then you bar grieve them.
[15:44.480 --> 15:50.240]  And when you bar grieve them, the next communication you will get will be from a different law
[15:50.240 --> 15:53.760]  firm because they'll duck and run for cover.
[15:53.760 --> 15:57.200]  Have you heard us talk about what happens when you bar grieve lawyers?
[15:57.200 --> 16:03.240]  Yeah, I'm pretty sure that once you've done that one time, that maybe they might get one
[16:03.240 --> 16:08.360]  pass, but most of the time it's, you know, that's they pull their licensing and their
[16:08.360 --> 16:09.360]  insurance.
[16:09.360 --> 16:10.360]  Oh, no, no, no, no, no.
[16:10.360 --> 16:11.360]  None of that.
[16:11.360 --> 16:12.440]  Only thing that they won't do anything.
[16:12.440 --> 16:16.320]  The bar will get your complaint and they'll throw it at trash.
[16:16.320 --> 16:20.720]  And they'll send you this letter that said, we examined into your and your accusation
[16:20.720 --> 16:23.840]  find it does not rise to the level of misconduct.
[16:23.840 --> 16:30.580]  And that's a good thing because, as you mentioned, the insurance, the insurance company knows
[16:30.580 --> 16:34.760]  that no matter what you file, the bar is going to throw it in the trash.
[16:34.760 --> 16:40.800]  So you have this insurance agent here and it is his duty to charge his client as much
[16:40.800 --> 16:44.400]  as possible and avoid any claims.
[16:44.400 --> 16:46.660]  So he don't care if they're valid or not.
[16:46.660 --> 16:50.360]  That gives him a reason to raise the premiums.
[16:50.360 --> 16:51.360]  Hang on.
[16:51.360 --> 16:52.880]  Pick this up on the other side.
[16:52.880 --> 16:56.480]  Randy Kalton, Brett Fountain, Rule of Law Radio.
[16:56.480 --> 16:57.480]  We'll be right back.
[16:57.480 --> 16:58.480]  See there, Brett.
[16:58.480 --> 17:00.160]  I didn't fall.
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[19:09.800 --> 19:18.520]  Well, don't let nothing get to you, only the father can deliver you, so don't let bad mind
[19:18.520 --> 19:27.480]  people hurt you until Satan get behind you, you know what I mean, my friend and all of
[19:27.480 --> 19:28.480]  your children.
[19:28.480 --> 19:29.480]  Come on.
[19:29.480 --> 19:37.480]  Trust in God, me friend, tell him your problem, babe, call on his name once again, here we
[19:37.480 --> 19:46.480]  go, you know he worth it, trust in God, me friend, tell him your problem, babe, call
[19:46.480 --> 19:52.200]  on his name once again, here we go, you know he worth it.
[19:52.200 --> 19:53.880]  Okay, we are back.
[19:53.880 --> 20:00.520]  Randy Kelton, Brett Fountain, Rule of Law Radio and that's Goundrel Brett, in session
[20:00.520 --> 20:05.240]  before last, he sat there and watched the clock run down and didn't warn me I was going
[20:05.240 --> 20:07.840]  to fall off the cliff.
[20:07.840 --> 20:10.360]  What kind of guy would do that?
[20:10.360 --> 20:17.060]  Okay, I did that to him a couple of times, but that didn't count, and Debra is going
[20:17.060 --> 20:18.920]  to skin us both alive.
[20:18.920 --> 20:27.880]  Okay, and Chris, if I sound like I'm instructing you, that's not really my purpose, we always
[20:27.880 --> 20:34.640]  have new listeners, but when I get the opportunity I want to go over these basics so that somebody
[20:34.640 --> 20:41.400]  who's new gets to hear them, and those who've listened to us a time or two, if we go over
[20:41.400 --> 20:48.920]  it a few times, these concepts are somewhat complex sometimes, these are really important
[20:48.920 --> 20:52.240]  basics and we want to get those down.
[20:52.240 --> 21:03.000]  Okay, at the end of the day it's all politics, and the more politics you can create, the
[21:03.000 --> 21:08.480]  more costly it's going to be for the company, and the more likely they are to make you a
[21:08.480 --> 21:09.480]  deal.
[21:09.480 --> 21:16.240]  The only way we can beat them is with the money, and I know you would hate it, but if
[21:16.240 --> 21:22.040]  you had to settle for a couple of million, I know you'd be ashamed of yourself.
[21:22.040 --> 21:26.600]  I don't know how I would sleep at night, but I'm sure I could find some melatonin or something
[21:26.600 --> 21:29.480]  like that that would help me out.
[21:29.480 --> 21:33.980]  Okay, but that's the idea.
[21:33.980 --> 21:41.280]  We have some rules here to go by, and one of them is you can never expect to win your
[21:41.280 --> 21:48.380]  case in the trial court, and you don't care.
[21:48.380 --> 21:54.240]  Let me back up and finish with the bar grievances.
[21:54.240 --> 22:01.120]  Bar grievances, the insurance guy, he doesn't care if they're valid or not, and there are
[22:01.120 --> 22:06.440]  approximately nine underwriters for errors and omissions policies.
[22:06.440 --> 22:09.180]  They're all underwritten by Lloyd's of London.
[22:09.180 --> 22:13.580]  They all have essentially the same requirements.
[22:13.580 --> 22:16.720]  One bar grievance your first year of practice they cancel.
[22:16.720 --> 22:20.440]  Valid, invalid, they don't care.
[22:20.440 --> 22:24.000]  Two bar grievances any one year of practice they cancel.
[22:24.000 --> 22:27.360]  Three that cancel your law firm's malpractice insurance.
[22:27.360 --> 22:31.200]  Valid, invalid, they don't care.
[22:31.200 --> 22:35.680]  I had a lawyer tell me that is patently unfair.
[22:35.680 --> 22:40.840]  And I was agreeing from ear to ear when he was saying that, yeah, it is, you're right.
[22:40.840 --> 22:44.520]  And he looked at me and said, I shouldn't have told you that.
[22:44.520 --> 22:47.200]  You're right, you shouldn't have.
[22:47.200 --> 22:50.800]  And we have found that to be very true.
[22:50.800 --> 22:53.040]  That creates politics.
[22:53.040 --> 22:58.800]  Because the lawyer, all these lawyers have to play to the judges.
[22:58.800 --> 23:02.100]  Judges can sanction lawyers at the drop of a hat.
[23:02.100 --> 23:06.540]  They don't, but lawyers are afraid they will.
[23:06.540 --> 23:11.000]  Nobody tells lawyers when they go to law school that when you get out of law school, you're
[23:11.000 --> 23:16.960]  gonna spend the rest of your professional career kissing some arrogant judges behind.
[23:16.960 --> 23:19.040]  But that's the reality.
[23:19.040 --> 23:21.940]  So the lawyer is terrified of the judge.
[23:21.940 --> 23:25.720]  But you, you're the pro se from hell.
[23:25.720 --> 23:29.080]  You don't care if the judge is happy or not.
[23:29.080 --> 23:35.360]  Because at the end of the day, you never expect to win your case in the trial court.
[23:35.360 --> 23:41.680]  You must expect the court to rule against you out of hand at every turn.
[23:41.680 --> 23:45.080]  And you don't care.
[23:45.080 --> 23:51.640]  Because your only purpose in the trial court is to set the record for appeal.
[23:51.640 --> 23:53.920]  And this is what all lawyers do.
[23:53.920 --> 23:55.720]  They don't expect to win in the trial court.
[23:55.720 --> 23:58.160]  So if they don't win the trial court, they don't care.
[23:58.160 --> 24:03.880]  As long as I got the facts and law onto the record, I'm good.
[24:03.880 --> 24:14.640]  Walker v Packer says that a judge has no discretion in properly applying the law to the facts.
[24:14.640 --> 24:18.080]  That's his only duty.
[24:18.080 --> 24:23.040]  It is the judge's duty to determine the facts in accordance to the rules of evidence, then
[24:23.040 --> 24:27.320]  apply the law as it comes to him to the facts in the case.
[24:27.320 --> 24:30.520]  If he's doing anything else, he's screwing up.
[24:30.520 --> 24:38.640]  And when you go into court, your only purpose is to put the facts and law on the record.
[24:38.640 --> 24:42.320]  You don't care if this low level judge screws them all up because where you're gonna get
[24:42.320 --> 24:46.020]  your real ruling is in the court of appeals.
[24:46.020 --> 24:52.400]  When you do this in the trial court, the judge and opposing counsel will very quickly figure
[24:52.400 --> 24:55.200]  out what you're doing.
[24:55.200 --> 25:01.080]  And it will tell them that you're just preparing them for appeal.
[25:01.080 --> 25:09.000]  And when they realize that, their calculation of cost will just about triple.
[25:09.000 --> 25:15.360]  Appealing will cost twice of what it costs to adjudicate the original case.
[25:15.360 --> 25:17.400]  It's all about the money.
[25:17.400 --> 25:21.080]  Okay, I think that's enough of that.
[25:21.080 --> 25:22.560]  That's my story and I'm sticking to it.
[25:22.560 --> 25:25.720]  What do you think, Chris?
[25:25.720 --> 25:29.040]  I think I might be able to handle that.
[25:29.040 --> 25:33.600]  So you think the first step I should do is to build a lawsuit and get a court letter
[25:33.600 --> 25:39.760]  and get ahold of like a local litigation guide to help me set that up, correct?
[25:39.760 --> 25:40.760]  Yes.
[25:40.760 --> 25:45.040]  If you can find someone local, if not, call in the show, we can help you with it.
[25:45.040 --> 25:53.680]  But first thing you do is look on the Internet and look up some lawsuits for wrongful termination
[25:53.680 --> 26:00.480]  and you need to find the best litigation guide for Ohio.
[26:00.480 --> 26:04.040]  The best one in Texas is O'Connor's.
[26:04.040 --> 26:13.200]  Call a lawyer or law firm and ask them what is the best litigation guide for Ohio.
[26:13.200 --> 26:19.800]  We prefer one where they print the guides in separate bound volumes.
[26:19.800 --> 26:26.880]  In California, they have a major litigation guide that's printed in loose leaf notebooks.
[26:26.880 --> 26:31.600]  So when something changes, they'll send you new pages and you take out the old pages and
[26:31.600 --> 26:32.960]  put in the new pages.
[26:32.960 --> 26:38.440]  Well, that doesn't work very well because they keep one volume.
[26:38.440 --> 26:44.280]  O'Connor's is published every two years and they're published in separate books.
[26:44.280 --> 26:48.280]  Every two years, the lawyers buy new ones because they want to be citing the latest
[26:48.280 --> 26:49.280]  law.
[26:49.280 --> 26:52.000]  Well, we're pro se, we don't care.
[26:52.000 --> 26:55.700]  99% of the law doesn't change.
[26:55.700 --> 27:00.340]  Probably 99.6% of the law doesn't change.
[27:00.340 --> 27:08.640]  So I'm using one O'Connor's causes of action from 2013, a rules of trial from 2016.
[27:08.640 --> 27:11.560]  I don't care if they're old.
[27:11.560 --> 27:20.040]  The law, what I care about are primarily the basics and the basics don't change.
[27:20.040 --> 27:28.620]  These litigation guides will tell you how to put together motions in your state.
[27:28.620 --> 27:34.660]  When you put together your pleading, you want your pleading to look just like everybody
[27:34.660 --> 27:37.320]  else's pleadings.
[27:37.320 --> 27:46.600]  So get three or four different lawsuits on your issue and look how the pleadings are
[27:46.600 --> 27:47.840]  put together.
[27:47.840 --> 27:54.000]  Most of these guys use the standard forms in the litigation guides.
[27:54.000 --> 28:00.160]  This way when the judge looks at it, he sees everything exactly the way he expects to see
[28:00.160 --> 28:01.680]  it.
[28:01.680 --> 28:08.800]  The jurisdiction sections, the standard issues that have to be addressed in every case and
[28:08.800 --> 28:15.460]  the standard laws, the case law that they use in every case, it needs to be the same
[28:15.460 --> 28:17.120]  as everybody else is using.
[28:17.120 --> 28:22.160]  And he'll look at it, he'll recognize it, just jump right over it, go to the meat of
[28:22.160 --> 28:25.600]  your motion, and he'll give you a much better hearing.
[28:25.600 --> 28:33.040]  If you write your document from scratch, the judge is not going to read it.
[28:33.040 --> 28:38.160]  If you look up your own case law and put it in there, the judge is not going to read all
[28:38.160 --> 28:43.000]  these cases that he hasn't seen before, he just don't have time, he's just going to deny
[28:43.000 --> 28:44.000]  them.
[28:44.000 --> 28:48.280]  Yeah, if you don't like it, go to the court of appeals, but I'm not reading all these
[28:48.280 --> 28:49.280]  cases.
[28:49.280 --> 28:54.120]  It's not a golf game I got to get to, that might not be right, but that's how it really
[28:54.120 --> 28:55.120]  works.
[28:55.120 --> 28:59.920]  But at the end of the day, it makes creating your case much easier.
[28:59.920 --> 29:09.320]  The reason you want to do this yourself first is you want to be the pro se from hell.
[29:09.320 --> 29:12.800]  The judge can control the lawyer, he can't control you.
[29:12.800 --> 29:18.040]  I went to Australia to do some seminars down there, and when I first got there, they picked
[29:18.040 --> 29:21.640]  me up at the Sydney airport and drove me to the high court.
[29:21.640 --> 29:25.560]  The high court's like the Supreme here.
[29:25.560 --> 29:34.040]  And this guy is in court and he is crawling down the judge's throat, calling him a no
[29:34.040 --> 29:38.520]  good shyster and a graph taking thief.
[29:38.520 --> 29:45.320]  I'm thinking, holy mackerel, they had to bail us would shoot me if this was the United States.
[29:45.320 --> 29:51.720]  But the judge is trying to calm the guy down and get the guy to get to the point.
[29:51.720 --> 29:55.720]  And it was unbelievable how much he let him get away with.
[29:55.720 --> 30:01.280]  And we went from that one across the hall to another one, and this guy is trying.
[30:01.280 --> 30:05.680]  Everyone knows that walking is great exercise, but you might not know that the way you walk
[30:05.680 --> 30:07.720]  could predict how long you're going to live.
[30:07.720 --> 30:13.040]  I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication
[30:13.040 --> 30:14.740]  in just a moment.
[30:14.740 --> 30:16.320]  Privacy is under attack.
[30:16.320 --> 30:19.920]  When you give up data about yourself, you'll never get it back again.
[30:19.920 --> 30:24.720]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:24.720 --> 30:30.280]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:30.280 --> 30:32.460]  Privacy it's worth hanging on to.
[30:32.460 --> 30:36.760]  This public service announcement is brought to you by Startpage.com, the private search
[30:36.760 --> 30:40.300]  engine alternative to Google, Yahoo and Bing.
[30:40.300 --> 30:43.560]  Start over with Startpage.
[30:43.560 --> 30:48.000]  New research shows how fast you walk could predict how long you're going to live.
[30:48.000 --> 30:52.580]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.580 --> 30:55.800]  per second or faster live longer than expected.
[30:55.800 --> 31:00.200]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.200 --> 31:05.320]  A senior's age, gender and walking speed were as good at predicting life expectancy as more
[31:05.320 --> 31:07.280]  traditional statistical measures.
[31:07.280 --> 31:10.280]  Generally speaking, faster walkers live longer.
[31:10.280 --> 31:13.060]  Measuring walking speed is quick and inexpensive.
[31:13.060 --> 31:16.900]  It only takes a stopwatch, some space to walk in a few minutes.
[31:16.900 --> 31:21.080]  Researchers say it could help doctors identify older patients who need special care.
[31:21.080 --> 31:22.960]  I'm Dr. Catherine Albrecht.
[31:22.960 --> 31:30.440]  More news and information at CatherineAlbrecht.com.
[31:30.440 --> 31:31.440]  I lost my son.
[31:31.440 --> 31:32.440]  My nephew.
[31:32.440 --> 31:33.440]  My uncle.
[31:33.440 --> 31:34.440]  My son.
[31:34.440 --> 31:35.440]  On September 11th, 2001.
[31:35.440 --> 31:38.600]  Most people don't know that a third tower fell on September 11th.
[31:38.600 --> 31:42.880]  World Trade Center 7, a 47-story skyscraper was not hit by a plane.
[31:42.880 --> 31:46.680]  So the official explanation is that fire brought down Building 7.
[31:46.680 --> 31:51.520]  Over 1,200 architects and engineers have looked into the evidence and believe there is more
[31:51.520 --> 31:52.520]  to the story.
[31:52.520 --> 31:53.920]  Bring justice to my son.
[31:53.920 --> 31:54.920]  My uncle.
[31:54.920 --> 31:55.920]  My nephew.
[31:55.920 --> 31:56.920]  My son.
[31:56.920 --> 31:57.920]  Go to buildingwhat.org.
[31:57.920 --> 31:58.920]  Why it fell.
[31:58.920 --> 31:59.920]  Why it matters.
[31:59.920 --> 32:00.920]  And what you can do.
[32:00.920 --> 32:05.840]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:05.840 --> 32:12.080]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[32:12.080 --> 32:15.160]  Our goal is in accord with Matthew 5 16.
[32:15.160 --> 32:20.180]  Let your light so shine before men that they may see your good works and glorify your Father
[32:20.180 --> 32:21.720]  which is in heaven.
[32:21.720 --> 32:26.520]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.520 --> 32:32.080]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[32:32.080 --> 32:35.240]  to provoke unto love and good works.
[32:35.240 --> 32:39.600]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[32:39.600 --> 32:41.360]  one chapter per week.
[32:41.360 --> 32:46.440]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[32:46.440 --> 32:48.640]  Christian character development.
[32:48.640 --> 32:54.480]  So mark your calendar and join us live on logosradionetwork.com Wednesdays from 8 to
[32:54.480 --> 33:19.600]  10 p.m. starting January 8 for an inspiring and motivating discussion of the scriptures.
[33:19.600 --> 33:48.480]  Okay we are back.
[33:48.480 --> 34:05.960]  We're in Australia, went across the hall and this guy is trying to preserve his mother's
[34:05.960 --> 34:12.720]  estate and he's also ragging on the judge and the judge is insisting that he get counsel
[34:12.720 --> 34:20.640]  because the guy is raising the same patriot issues we raise here and he can't keep him
[34:20.640 --> 34:22.840]  to the point and the judge is really getting frustrated.
[34:22.840 --> 34:28.200]  Well when I went in there I asked the bailiff if they had a sound system because I was an
[34:28.200 --> 34:35.320]  old combat veteran, I don't hear so good and he said, sir, are you from Australia?
[34:35.320 --> 34:41.200]  I said, no, no, no, I'm a journalist from the United States and we're doing a report
[34:41.200 --> 34:46.880]  on corruption in Australian courts so I don't really need to hear what's going on.
[34:46.880 --> 34:48.680]  Can they turn up the sound system here?
[34:48.680 --> 34:51.120]  And he said, well, I'll go talk to the judge.
[34:51.120 --> 34:56.200]  And he went back and come back out and he said, well, the sound system's not working
[34:56.200 --> 35:01.080]  but you can sit up at these tables up front if you won't make any noise or it won't interfere
[35:01.080 --> 35:02.080]  with anything.
[35:02.080 --> 35:07.120]  So I did and the judge the whole time, he's talking to this guy and then he's looking
[35:07.120 --> 35:08.620]  over at me.
[35:08.620 --> 35:14.680]  So I think he was worried that the American press would get a bad image of the high court
[35:14.680 --> 35:15.680]  in Australia.
[35:15.680 --> 35:26.060]  But he's getting frustrated and finally he said, Mr. Brown, you really need to get counsel.
[35:26.060 --> 35:30.760]  I can control counsel but I can't control you.
[35:30.760 --> 35:34.880]  I looked at these guys with me.
[35:34.880 --> 35:36.440]  Did he really say that?
[35:36.440 --> 35:45.360]  I know he was thinking it but he actually said it and that's the point, Chris.
[35:45.360 --> 35:48.640]  The judge cannot control you.
[35:48.640 --> 35:53.560]  You don't care what he rules so you don't care if he likes you or not.
[35:53.560 --> 35:55.520]  You're just there to set the record for appeal.
[35:55.520 --> 36:01.820]  So when you start hammering the judge, the judge can't do anything to you but he can
[36:01.820 --> 36:04.960]  handle the lawyer on the other side.
[36:04.960 --> 36:07.000]  Brenda Burton called into the show.
[36:07.000 --> 36:11.520]  She's complaining about the federal courts they've been coming after and the lawyers.
[36:11.520 --> 36:13.800]  I said, well, how many bar grievances have you filed?
[36:13.800 --> 36:15.360]  Well, I hadn't filed any.
[36:15.360 --> 36:16.360]  Well, why not?
[36:16.360 --> 36:17.800]  Well, I just didn't think about it.
[36:17.800 --> 36:19.020]  Well, think about it.
[36:19.020 --> 36:20.280]  How many judicial conduct complaints?
[36:20.280 --> 36:22.360]  Well, I hadn't filed any of those either.
[36:22.360 --> 36:25.800]  You really need to get that fixed.
[36:25.800 --> 36:32.200]  She called in the next time and said, 25 bar grievances, six judicial conduct complaints
[36:32.200 --> 36:37.480]  later, they go into court, it's just after lunch.
[36:37.480 --> 36:43.640]  The judge asked the bailiff if he had a key to the door and he said, yes, he did.
[36:43.640 --> 36:49.720]  Well, go outside, lock the door from the outside, the bailiff goes out and locks the door.
[36:49.720 --> 36:55.240]  He tells the lawyers on the other side, he said, you can have this court all evening.
[36:55.240 --> 36:56.240]  It's yours.
[36:56.240 --> 36:59.520]  I'm leaving and here's the key.
[36:59.520 --> 37:03.320]  When you're done, you can get out and you put it down on the bench.
[37:03.320 --> 37:10.280]  But when I come back tomorrow, you will have made Ms. Burton an offer she cannot refuse.
[37:10.280 --> 37:15.040]  I do not want to see her face in my courtroom again.
[37:15.040 --> 37:20.000]  Do I make myself clear?
[37:20.000 --> 37:24.120]  He can't control the pro se from hell.
[37:24.120 --> 37:27.380]  And that's what we try to teach people to be.
[37:27.380 --> 37:34.400]  He can control the lawyers, so if you can get the judge really POed and get other public
[37:34.400 --> 37:43.720]  officials having problems with you because of these guys, who do you think is gonna get
[37:43.720 --> 37:45.920]  thrown under the bus?
[37:45.920 --> 37:52.120]  Okay, once you've beat them up a while, then you call in counsel.
[37:52.120 --> 37:56.420]  You hire a lawyer and tell them this is what I want you to do.
[37:56.420 --> 38:04.360]  I want you to go in there and file a motion for court ordered mediation and then make
[38:04.360 --> 38:06.880]  me a deal, make this thing go away.
[38:06.880 --> 38:10.880]  What do you think, Chris?
[38:10.880 --> 38:13.440]  That sounds pretty reasonable.
[38:13.440 --> 38:19.280]  So I should get a litigation built and then go in there with the idea of I'm not working
[38:19.280 --> 38:23.560]  on winning at the trial, I'm working on getting the facts on the record and the law on the
[38:23.560 --> 38:26.400]  record for the appeal.
[38:26.400 --> 38:30.760]  And then if anybody messes with me, I wanna file bar grievances against every single one
[38:30.760 --> 38:32.600]  of them.
[38:32.600 --> 38:37.480]  And then once that happens, and then we get into the point where the judge can't control
[38:37.480 --> 38:44.980]  me, but he can control them, and then I possibly file, get legal counsel to go and get a mediation
[38:44.980 --> 38:47.920]  done to get the process finished with.
[38:47.920 --> 38:48.920]  Right.
[38:48.920 --> 38:55.520]  The lawyers will not want to negotiate with you as a pro se.
[38:55.520 --> 39:01.160]  So you ask the court to order mediation, but you might not be able to get a lawyer to take
[39:01.160 --> 39:06.720]  it, but if it's a big enough case and you beat them up enough, that's easy money for
[39:06.720 --> 39:08.360]  the lawyer.
[39:08.360 --> 39:13.740]  But even if you can't, then you're going to make a deal with them.
[39:13.740 --> 39:21.200]  But you only make the deal if they put the check in your hand.
[39:21.200 --> 39:26.100]  If they promise to pay later, forget that noise, that won't ever happen.
[39:26.100 --> 39:30.680]  So they put the check in front of you, then you make the deal, otherwise you're bar grieving
[39:30.680 --> 39:35.120]  for failure to mediate in good faith.
[39:35.120 --> 39:36.120]  Okay.
[39:36.120 --> 39:44.140]  Is there a case that has a listing of types of bar grievances you can file?
[39:44.140 --> 39:45.180]  Good question.
[39:45.180 --> 39:52.600]  Go to the American Bar Association, the Canons of Professional Conduct.
[39:52.600 --> 39:56.400]  Read chapters one, two, three, five, and eight.
[39:56.400 --> 39:59.520]  Those are the only ones that apply to you.
[39:59.520 --> 40:05.400]  The rest of them apply to lawyer to lawyer, buying and selling law firms, and just lawyer
[40:05.400 --> 40:06.400]  related stuff.
[40:06.400 --> 40:10.040]  One, two, three, five, and eight, they're not very big.
[40:10.040 --> 40:12.120]  And they'll read like a comic book.
[40:12.120 --> 40:18.680]  If you look at all of the things you can grieve them for, you won't believe it.
[40:18.680 --> 40:19.680]  What was the name?
[40:19.680 --> 40:20.680]  That was the ABA.
[40:20.680 --> 40:22.400]  And what was the name of the book again?
[40:22.400 --> 40:25.400]  The Canons of Professional Ethics.
[40:25.400 --> 40:29.920]  Brett, is that what the American Bar calls it?
[40:29.920 --> 40:37.540]  I think they call them the model rules of professional ethics, the model rules.
[40:37.540 --> 40:41.840]  Most all of the states have adopted the model rules.
[40:41.840 --> 40:44.880]  California just hadn't, but they just recently did.
[40:44.880 --> 40:56.680]  But it doesn't matter, all of the states that have rules follow the model rules almost exactly.
[40:56.680 --> 41:02.380]  Or you can look for Ohio's, they're gonna have a set of professional ethics for lawyers
[41:02.380 --> 41:03.380]  in Ohio.
[41:03.380 --> 41:06.320]  I don't know what it's called, but you can find it.
[41:06.320 --> 41:09.480]  And you'll be surprised when you go ahead.
[41:09.480 --> 41:15.440]  When you do go to bar grieve somebody in Ohio, you have to reference the Ohio rules, even
[41:15.440 --> 41:22.640]  if you started from the model rules and kind of got, I recommend get familiar with those
[41:22.640 --> 41:24.920]  rules that are from the ABA.
[41:24.920 --> 41:27.400]  But you don't reference those in your bar grievance.
[41:27.400 --> 41:31.040]  When you fill out the bar grievance, it's an Ohio, it's a state level thing.
[41:31.040 --> 41:36.840]  So they're certified by their bar, or they're not even certain, they've joined to their
[41:36.840 --> 41:39.240]  member of that bar.
[41:39.240 --> 41:42.680]  And they've said that they're gonna follow these rules.
[41:42.680 --> 41:45.600]  Those rules are the Ohio rules.
[41:45.600 --> 41:49.980]  They're largely adopted from the American Bar Association.
[41:49.980 --> 41:59.640]  But when you file and say, I'm alleging that their violation was of rule number whatever,
[41:59.640 --> 42:01.400]  and you reference the Ohio rule.
[42:01.400 --> 42:10.480]  In Texas, the bar frowns on your citing any law or rules.
[42:10.480 --> 42:14.720]  But I ignore that, I think Brett does too.
[42:14.720 --> 42:16.440]  We don't care what they like.
[42:16.440 --> 42:22.300]  Yeah, that sounds, I don't think I'm doing this to make any friends with them to be honest
[42:22.300 --> 42:23.300]  with you.
[42:23.300 --> 42:24.300]  Yeah.
[42:24.300 --> 42:28.520]  You wanna be as obnoxious and annoying as possible.
[42:28.520 --> 42:33.480]  The squeakier your wheel is, the more they'll pay you to go away.
[42:33.480 --> 42:34.480]  Yeah.
[42:34.480 --> 42:39.640]  Okay, well, I think I've got plenty enough to work on.
[42:39.640 --> 42:41.400]  I appreciate the time, sir.
[42:41.400 --> 42:43.040]  Thank you for taking my call.
[42:43.040 --> 42:44.040]  Alrighty.
[42:44.040 --> 42:53.400]  Okay, now we're gonna go to, let's try this one I think is a first time caller.
[42:53.400 --> 42:58.040]  If you are in California, speak up.
[42:58.040 --> 43:05.480]  I've tried you a couple of times and we haven't been able to hear you.
[43:05.480 --> 43:08.200]  Looks like we still can't hear you.
[43:08.200 --> 43:10.760]  Hello, area code 707.
[43:10.760 --> 43:12.760]  Are you there?
[43:12.760 --> 43:18.560]  It looks like we're having a sound issue.
[43:18.560 --> 43:19.960]  Okay.
[43:19.960 --> 43:22.640]  Now we're gonna go to Bob in Texas.
[43:22.640 --> 43:24.560]  Hello, Bob.
[43:24.560 --> 43:26.800]  What do you have for us today?
[43:26.800 --> 43:30.040]  A question and a testimonial.
[43:30.040 --> 43:31.600]  Oh, okay.
[43:31.600 --> 43:37.560]  My front left is getting away a little after that.
[43:37.560 --> 43:39.560]  Okay, hang on.
[43:39.560 --> 43:42.680]  We've got to go to our sponsors.
[43:42.680 --> 43:48.480]  This is Randy Kelton, Brett Fountain, The Wheel of Our Radio, we've got four callers
[43:48.480 --> 43:49.480]  on the board.
[43:49.480 --> 43:52.320]  Let's see, we've got, oh yeah.
[43:52.320 --> 43:55.480]  If a caller drops off, then we'll have an open slot.
[43:55.480 --> 44:00.640]  I think some people may not realize that this is not a listen line.
[44:00.640 --> 44:05.240]  Through advances in technology, our lives have greatly improved, except in the area
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[46:22.320 --> 46:47.000]  Okay, we are back from Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking
[46:47.000 --> 46:48.000]  to Bob in Texas.
[46:48.000 --> 46:49.000]  Oops, hit the wrong one.
[46:49.000 --> 46:50.000]  There we go.
[46:50.000 --> 46:54.280]  Okay.
[46:54.280 --> 46:56.280]  What do you have for us, Bob?
[46:56.280 --> 47:03.440]  Well, first of all, I have a question for Brett, bar claimant, complainant, extraordinaire.
[47:03.440 --> 47:12.920]  Does he have a website or a YouTube page or a Facebook or something where those with less
[47:12.920 --> 47:17.320]  memory capability could check?
[47:17.320 --> 47:24.080]  I think he had one, but I forgot about it.
[47:24.080 --> 47:26.600]  Didn't take your zinc.
[47:26.600 --> 47:31.880]  No, I don't have any resources like that.
[47:31.880 --> 47:36.240]  I'm not on Facebook or YouTube or any things like that.
[47:36.240 --> 47:38.800]  Well, that's okay.
[47:38.800 --> 47:43.240]  I don't mind listening to you two or three times a week.
[47:43.240 --> 47:51.240]  And my next testimonial, I guess, will be pretty much directed to that smooth boy, eloquently
[47:51.240 --> 47:59.720]  tongued superior casual analyst known as the other guy on your program or Randy.
[47:59.720 --> 48:00.720]  The other guy?
[48:00.720 --> 48:04.320]  No, I'm the other guy.
[48:04.320 --> 48:13.160]  Well, not really, but I just wanted to send y'all a box of kudos, which are not mine.
[48:13.160 --> 48:19.920]  Non-transferable, non-redeemable, and maybe only used to be thrown in somebody's face,
[48:19.920 --> 48:24.080]  of how y'all have helped me out in the past.
[48:24.080 --> 48:33.880]  Back eight years ago, I had an issue with a credit card company that sounds like Capital
[48:33.880 --> 48:35.760]  One.
[48:35.760 --> 48:42.600]  My interest rate kept going up, and I knew for a fact that I had not broken any of the
[48:42.600 --> 48:46.400]  rules that would cause it to.
[48:46.400 --> 48:51.800]  Always made my payments on time, never was overdrawn, never was late.
[48:51.800 --> 48:58.080]  And they just kept going up and up, until I started listening to some of the things
[48:58.080 --> 49:03.280]  y'all were saying back then on the internet.
[49:03.280 --> 49:10.880]  And the advice at that time was to send them a registered letter requesting a complete
[49:10.880 --> 49:18.400]  accounting of that account, which at the time had been some 15 years, so that I could take
[49:18.400 --> 49:25.400]  it to a forensic auditor and prove or disprove the discrepancies I was having.
[49:25.400 --> 49:31.080]  So I sent them a registered letter asking for such.
[49:31.080 --> 49:39.440]  I waited 30 days, never got an answer, never a reply, so I sent them another letter saying
[49:39.440 --> 49:46.720]  due to the fact that y'all refused to answer my first request, I'm making this my second
[49:46.720 --> 49:50.080]  and final request.
[49:50.080 --> 49:52.040]  And I never heard a word from them again.
[49:52.040 --> 49:57.280]  Of course, most of those letters were sent registered, return receipt requested.
[49:57.280 --> 50:07.240]  And so from the time I got those back, the next payment I made was explained in the letter
[50:07.240 --> 50:15.480]  that this was my final payment due to them for failure to prove up any further obligations.
[50:15.480 --> 50:20.080]  And that was probably seven and a half years ago.
[50:20.080 --> 50:28.880]  The statute of limitations was seven years here in Texas, so I'm happy to say nothing
[50:28.880 --> 50:31.200]  ever happened after that.
[50:31.200 --> 50:38.800]  Never got another bill from Capital One, and although I did receive a couple requests for
[50:38.800 --> 50:44.040]  me to do business with them again, I thought that was kind of a trap they put me in, so
[50:44.040 --> 50:46.800]  of course I didn't answer them.
[50:46.800 --> 50:51.520]  And I kept them on file for just proof that they weren't dissatisfied with my payment
[50:51.520 --> 50:53.520]  history.
[50:53.520 --> 50:58.400]  So that's what I wanted to call and tell y'all and maybe urge your other listeners to pay
[50:58.400 --> 51:03.200]  attention to what y'all say, because it can help you out a bunch.
[51:03.200 --> 51:05.000]  That is wonderful.
[51:05.000 --> 51:10.400]  It's getting to the tune of $12,000.
[51:10.400 --> 51:11.400]  Congratulations.
[51:11.400 --> 51:16.400]  Just wanted to say thanks.
[51:16.400 --> 51:20.480]  We like to hear that.
[51:20.480 --> 51:27.040]  We don't get as much feedback as we'd like, but it's always good to hear that somebody
[51:27.040 --> 51:29.000]  appreciates what we do.
[51:29.000 --> 51:34.440]  Oh yeah, avid listener, avid listener.
[51:34.440 --> 51:44.000]  And I think if people learned what's available to them and what power they do hold in their
[51:44.000 --> 51:51.960]  own pen, it makes a difference in your outlook on life.
[51:51.960 --> 52:02.280]  So yeah, I'd recommend your listeners to tell somebody about what y'all do.
[52:02.280 --> 52:08.840]  I go down to the baseball stadium and throw my cards out from the stands.
[52:08.840 --> 52:13.800]  Send me a book.
[52:13.800 --> 52:20.000]  We've got a baseball club here, what's it called, sod poodle.
[52:20.000 --> 52:23.400]  Can you imagine?
[52:23.400 --> 52:30.640]  Okay, well thanks a lot and send more people to us.
[52:30.640 --> 52:32.280]  I try every chance I get.
[52:32.280 --> 52:34.720]  Thank y'all a bunch, Brett.
[52:34.720 --> 52:35.720]  Okay.
[52:35.720 --> 52:37.020]  Thank you, Bob.
[52:37.020 --> 52:43.120]  Now we're going to go to, wireless in Texas, I mean in California, we keep missing, we're
[52:43.120 --> 52:44.520]  going to Scott in Michigan.
[52:44.520 --> 52:45.520]  Hello, Scott.
[52:45.520 --> 52:48.480]  Hey guys, how's it going?
[52:48.480 --> 52:49.480]  It's going good.
[52:49.480 --> 52:50.960]  What do you have for us today?
[52:50.960 --> 52:55.720]  Well, I was impressed with the guy earlier with the wrong information, Stu, he mentioned
[52:55.720 --> 52:58.520]  the Nuremberg Code.
[52:58.520 --> 53:01.720]  And I have heard of that before, but never really looked at it, so I did go and look
[53:01.720 --> 53:02.800]  at it.
[53:02.800 --> 53:13.160]  And it's interesting because number five on the Nuremberg Code says no experiment should
[53:13.160 --> 53:17.920]  be conducted where there is an a priori reason to believe that death or disabling injury
[53:17.920 --> 53:24.480]  will occur, except perhaps in those experiments where the experimental physicians also serve
[53:24.480 --> 53:27.120]  as subjects.
[53:27.120 --> 53:34.620]  And for anybody who's confused about what ethics is, number five explains it completely.
[53:34.620 --> 53:37.520]  You have to ask yourself if you're making an exception of yourself.
[53:37.520 --> 53:41.840]  In other words, if those doctors say that it's okay for other people to participate,
[53:41.840 --> 53:45.400]  but I'm not going to participate, then that's not ethics.
[53:45.400 --> 53:53.800]  So an interesting point was brought up there.
[53:53.800 --> 53:54.800]  What was that again?
[53:54.800 --> 54:01.120]  Can you give me a link to that, the Nuremberg Code?
[54:01.120 --> 54:06.120]  I just looked up Nuremberg Code on Wikipedia and it gives the 10 points of the code.
[54:06.120 --> 54:12.360]  And number five, there's a professor at UC Berkeley named Hubert Dreyfus.
[54:12.360 --> 54:18.080]  And for anybody who's familiar with the animated series Futurama, Professor Hubert
[54:18.080 --> 54:24.220]  Barnsworth on that series is an homage to Professor Hubert Dreyfus at Berkeley.
[54:24.220 --> 54:29.800]  And he says how you decide ethics is you ask yourself if you're making an exception of
[54:29.800 --> 54:30.800]  yourself.
[54:30.800 --> 54:36.160]  So in other words, the example he gives is Bush declares war in Iraq and it's okay
[54:36.160 --> 54:39.760]  for everybody else with kids to go off and fight, but you're not going to see the Bush
[54:39.760 --> 54:41.760]  girls going off to fight.
[54:41.760 --> 54:42.760]  Yeah.
[54:42.760 --> 54:45.840]  Do what I say, not what I do.
[54:45.840 --> 54:46.840]  Pretty much.
[54:46.840 --> 54:47.840]  Yep.
[54:47.840 --> 54:48.840]  Yeah.
[54:48.840 --> 54:57.800]  The Nuremberg thing says it was created by the USV brand as one result of the Nuremberg
[54:57.800 --> 55:01.480]  trials at the end of the World War, World War II.
[55:01.480 --> 55:02.480]  Yep.
[55:02.480 --> 55:08.680]  But I just wanted to point out for anybody who's struggling with what ethics is, that
[55:08.680 --> 55:11.960]  really explains it, number five.
[55:11.960 --> 55:13.840]  That's a really good point.
[55:13.840 --> 55:14.840]  Yep.
[55:14.840 --> 55:21.200]  But moving on to my stuff, I don't know, Randy, if you've had any chance to look at the Michigan
[55:21.200 --> 55:27.560]  procedures and court rules, but boy, it's ambiguous as to whether or not for the most
[55:27.560 --> 55:32.240]  part, you only get an examining trial, which they call a preliminary hearing, you only
[55:32.240 --> 55:39.760]  get that for a felony, and then there's only one spot where it mentions that any criminal
[55:39.760 --> 55:43.280]  cause should have an examining trial.
[55:43.280 --> 55:48.920]  Well, one is all you need, right?
[55:48.920 --> 55:56.080]  Well, I suppose so, but every other example says it has to be a felony.
[55:56.080 --> 56:03.600]  When you say it has to be, is this like you're reading from what the clerks are trained?
[56:03.600 --> 56:10.760]  I notice sometimes in Texas, some of the training materials are conclusive in ways that are
[56:10.760 --> 56:17.840]  not actually reflective of the law itself, so I wonder.
[56:17.840 --> 56:18.840]  Yeah.
[56:18.840 --> 56:20.080]  I'm not looking at policy.
[56:20.080 --> 56:26.360]  I'm looking at actual criminal code of criminal procedure.
[56:26.360 --> 56:34.280]  But you found several places that would appear to be felonies only, but you found one place
[56:34.280 --> 56:36.920]  that says all severities?
[56:36.920 --> 56:43.560]  Well, yeah, it just says all criminal cause.
[56:43.560 --> 56:47.320]  Seems like that's all you need, right?
[56:47.320 --> 56:51.520]  What was the context of that particular reference?
[56:51.520 --> 57:02.040]  So 766.1, this is the code of criminal procedure, Act 175 of 1927, right of state and defendant
[57:02.040 --> 57:05.520]  with prompt examination and determination.
[57:05.520 --> 57:10.520]  Section 1, the state and the defendant are entitled to a prompt examination and determination
[57:10.520 --> 57:17.360]  by the examining magistrate in all criminal causes.
[57:17.360 --> 57:24.040]  I would need to see the rest of the code to be sure what that actually means.
[57:24.040 --> 57:26.120]  Right.
[57:26.120 --> 57:31.280]  Brett, can you look that up?
[57:31.280 --> 57:36.880]  Yeah, I'm looking at that context right now.
[57:36.880 --> 57:39.560]  Try to see what I can notice about that.
[57:39.560 --> 57:46.240]  Because if they're saying in other places, you know, wait a minute, in Texas, they'll
[57:46.240 --> 57:51.520]  say that you only have a right to an examining trial in a felony.
[57:51.520 --> 57:57.480]  But my argument, I've built an argument on that issue and I say, you don't have a right
[57:57.480 --> 58:05.320]  to a majesty, I'm sorry, you don't have a right to an examining trial at all.
[58:05.320 --> 58:10.080]  What our code says is you have a right to one before indictment.
[58:10.080 --> 58:15.560]  But that's just when you can have the examining trial.
[58:15.560 --> 58:18.920]  Texas law doesn't give you a right to one at all.
[58:18.920 --> 58:26.280]  Texas law orders the arresting officer to take you to a magistrate and it orders the
[58:26.280 --> 58:29.160]  magistrate to hold an examining trial.
[58:29.160 --> 58:31.160]  That's due process.
[58:31.160 --> 58:34.000]  And that's something you do have a right to.
[58:34.000 --> 58:37.480]  You don't have a right to an examining trial but you don't have a right to be arrested
[58:37.480 --> 58:40.520]  either or hauled off to jail.
[58:40.520 --> 58:42.480]  That's all part of due process.
[58:42.480 --> 58:50.240]  Hang on, Randy Kelton, Brett Fountain, World Law Radio, we'll be right back.
[58:50.240 --> 58:54.400]  Would you like to make more definite progress in your walk with God?
[58:54.400 --> 58:59.560]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.560 --> 59:00.920]  can really help.
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[59:05.360 --> 59:06.360]  today.
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[59:32.840 --> 59:45.200]  Life, call Bibles for America toll free at 888-551-0102.
[59:45.200 --> 01:00:00.680]  Or visit us online at bfa.org.
[01:00:00.680 --> 01:00:06.680]  The following news flash is brought to you by the Lone Star Lowdown.
[01:00:06.680 --> 01:00:11.840]  Markets for Monday, the 22nd of July 2019 open with precious metals, gold at $1,429
[01:00:11.840 --> 01:00:19.920]  an ounce, silver at $16.45 an ounce, copper at $2.75 an ounce, oil at Texas crude at $55.63
[01:00:19.920 --> 01:00:25.760]  a barrel, Brent crude at $62.47 a barrel, and crypto is in order of market cap, bitcoin
[01:00:25.760 --> 01:00:37.080]  core at $10,566.52, ethereum at $227.26, xrp ripple at $0.33, litecoin at $100.31, and
[01:00:37.080 --> 01:00:42.960]  bitcoin cash is at $324.10 a crypto coin.
[01:00:42.960 --> 01:00:52.280]  Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb, was detonated
[01:00:52.280 --> 01:00:57.680]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[01:00:57.680 --> 01:01:04.640]  10 and injuring 40, today in history.
[01:01:04.640 --> 01:01:09.320]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp into
[01:01:09.320 --> 01:01:13.920]  Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:01:13.920 --> 01:01:17.920]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:01:17.920 --> 01:01:22.600]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.600 --> 01:01:24.640]  to test the herb for THC.
[01:01:24.640 --> 01:01:28.300]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:01:28.300 --> 01:01:33.240]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:33.240 --> 01:01:34.240]  law.
[01:01:34.240 --> 01:01:37.640]  Many other state officials, including the Attorney General, stipulated in a letter to
[01:01:37.640 --> 01:01:41.960]  county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:41.960 --> 01:01:48.080]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:48.080 --> 01:01:54.240]  As well as other cities, too, like the District Attorney in El Paso, Jaime Esparza, a Democrat
[01:01:54.240 --> 01:01:58.800]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:58.800 --> 01:02:01.560]  prosecution of marijuana cases in El Paso.
[01:02:01.560 --> 01:02:06.640]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.640 --> 01:02:11.000]  in Harris County who stated that, quote, the law is constantly changing on what makes something
[01:02:11.000 --> 01:02:13.360]  illegal based on its chemical makeup.
[01:02:13.360 --> 01:02:17.240]  It's important that if someone is charged with something, the test matches what they're
[01:02:17.240 --> 01:02:22.480]  charged with.
[01:02:22.480 --> 01:02:27.120]  A paper by Tulane University identified a five and a half inch American pocket shark
[01:02:27.120 --> 01:02:32.240]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:32.240 --> 01:02:37.880]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[01:02:37.880 --> 01:02:39.160]  Pacific Ocean.
[01:02:39.160 --> 01:02:43.680]  According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.680 --> 01:02:45.520]  its front fins.
[01:02:45.520 --> 01:02:58.080]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[01:03:15.520 --> 01:03:34.840]  OK, we are back, Randy Kelton, Brett Fountain, Roovelaw Radio, and we're talking to Scott
[01:03:34.840 --> 01:03:35.840]  in Michigan.
[01:03:35.840 --> 01:03:39.200]  OK, Scott, where were we?
[01:03:39.200 --> 01:03:47.600]  Well, we're looking at the right to the examining trial in Michigan.
[01:03:47.600 --> 01:03:49.960]  Did you find anything on the break, Brett?
[01:03:49.960 --> 01:03:51.280]  Yeah, I did.
[01:03:51.280 --> 01:03:58.000]  I'm looking at this Michigan Code of Criminal Procedure says it's an excerpt from what you
[01:03:58.000 --> 01:04:00.600]  were talking about, 766.1.
[01:04:00.600 --> 01:04:09.000]  Yeah, I mean, it looks like I can't see anything that says it's been superseded or amended
[01:04:09.000 --> 01:04:11.120]  or it's no longer active.
[01:04:11.120 --> 01:04:14.360]  It appears to be still legit.
[01:04:14.360 --> 01:04:20.380]  And it says the state and the defendant are entitled to a prompt examination and determination
[01:04:20.380 --> 01:04:27.960]  by the examining magistrate in all criminal causes.
[01:04:27.960 --> 01:04:29.360]  That sounds pretty clear.
[01:04:29.360 --> 01:04:36.240]  It goes off to describe some other duties and what else is involved with that, but it
[01:04:36.240 --> 01:04:40.480]  doesn't say anything about felony only or all criminal causes.
[01:04:40.480 --> 01:04:50.640]  Let me address this thing of right to an examining trial, at least how it occurs in Texas.
[01:04:50.640 --> 01:04:59.360]  When a grand jury sits to consider criminal accusations, once they have finished, they're
[01:04:59.360 --> 01:05:05.400]  to go before the court or the clerk with a quorum of the grand jury present and the foreman
[01:05:05.400 --> 01:05:14.080]  shall read the true bills to the court and the clerk shall make notes in the minutes
[01:05:14.080 --> 01:05:16.520]  of the court.
[01:05:16.520 --> 01:05:23.200]  Unless the person has not been arrested, in which case the clerk may not make notes in
[01:05:23.200 --> 01:05:31.980]  the minutes of the court, but instead shall issue a capious warrant for the person's arrest.
[01:05:31.980 --> 01:05:38.240]  And after the person has been arrested, then the clerk can make notes in the minutes of
[01:05:38.240 --> 01:05:39.240]  the court.
[01:05:39.240 --> 01:05:44.460]  And what I'm arguing is, is that a true bill stays a true bill until the person's been
[01:05:44.460 --> 01:05:48.560]  arrested, then it becomes an indictment.
[01:05:48.560 --> 01:05:55.320]  With the caveat that when a person is arrested, they are to be taken directly to the nearest
[01:05:55.320 --> 01:06:02.280]  magistrate and the magistrate is to examine into the sufficiency of the allegation.
[01:06:02.280 --> 01:06:13.240]  What the right goes to in 16.01, that's the first statute in the examining trial chapter.
[01:06:13.240 --> 01:06:23.680]  It says in the case of a felony, a individual has a right to an examining trial before indictment.
[01:06:23.680 --> 01:06:31.040]  Now that doesn't give them a right to an examining trial, it just says when an examining trial
[01:06:31.040 --> 01:06:33.320]  must take place.
[01:06:33.320 --> 01:06:39.120]  And in Texas law, if a person's arrested for any reason, they're to be taken to a magistrate
[01:06:39.120 --> 01:06:40.920]  to have an examining trial.
[01:06:40.920 --> 01:06:48.900]  So the clerk issues the capious, the person's arrested, taken directly to the magistrate,
[01:06:48.900 --> 01:06:57.320]  the magistrate holds an examining trial and issues a order showing whether or not he found
[01:06:57.320 --> 01:06:58.820]  probable cause.
[01:06:58.820 --> 01:07:05.040]  If the magistrate does not find probable cause, the guy goes free.
[01:07:05.040 --> 01:07:07.660]  The court never accrues jurisdiction.
[01:07:07.660 --> 01:07:15.280]  If he does find probable cause, then his order transmitted to the court of jurisdiction transfers
[01:07:15.280 --> 01:07:18.640]  jurisdiction from the magistrate.
[01:07:18.640 --> 01:07:23.240]  The magistrate has jurisdiction based on a criminal accusation.
[01:07:23.240 --> 01:07:29.520]  He finds probable cause, transfers jurisdiction to the trial court.
[01:07:29.520 --> 01:07:36.600]  Look in Michigan law and see if that is in law.
[01:07:36.600 --> 01:07:42.720]  Look at the section that tells the court how to hold a preliminary hearing.
[01:07:42.720 --> 01:07:48.560]  There's gonna be rules on how that's done, there's a whole bunch of them in Texas law.
[01:07:48.560 --> 01:07:52.920]  And it's probably going to have that same caveat.
[01:07:52.920 --> 01:07:58.600]  Well, because Michigan doesn't have a grand jury, it's a shorter form.
[01:07:58.600 --> 01:08:06.640]  So under rule 6.112, the information or indictment, it says that a prosecution must be based on
[01:08:06.640 --> 01:08:08.040]  information or indictment.
[01:08:08.040 --> 01:08:13.720]  Unless the defendant is a fugitive from justice, the prosecutor may not file an information
[01:08:13.720 --> 01:08:18.440]  until the defendant has had or waived the preliminary examination.
[01:08:18.440 --> 01:08:19.440]  Ta-da!
[01:08:19.440 --> 01:08:20.440]  There it is.
[01:08:20.440 --> 01:08:22.780]  It has to be a preliminary.
[01:08:22.780 --> 01:08:31.940]  And I see a corollary to that in your Michigan 7, section 767.42, it's talking about a preliminary
[01:08:31.940 --> 01:08:37.920]  examination as a prerequisite to the filing of an information.
[01:08:37.920 --> 01:08:44.360]  Yes, however, the way around that I believe is the next sentence of section B here, which
[01:08:44.360 --> 01:08:50.400]  is an indictment can be returned and filed without a preliminary examination.
[01:08:50.400 --> 01:08:55.940]  And when this occurs, the indictment shall commence judicial proceeding, meaning they
[01:08:55.940 --> 01:09:00.080]  go into their regular process.
[01:09:00.080 --> 01:09:03.040]  If they go do an indictment first.
[01:09:03.040 --> 01:09:04.040]  Right.
[01:09:04.040 --> 01:09:05.520]  But it doesn't...
[01:09:05.520 --> 01:09:08.880]  Here's the problem the prosecutor has.
[01:09:08.880 --> 01:09:19.720]  Now, if you go to a grand jury with a criminal complaint, then, okay, let's step back.
[01:09:19.720 --> 01:09:25.080]  Duties of grand jurors in Michigan.
[01:09:25.080 --> 01:09:29.600]  Can you go to the grand jury in Michigan yourself?
[01:09:29.600 --> 01:09:33.740]  We don't have grand juries in Michigan.
[01:09:33.740 --> 01:09:37.480]  So how do they get indictments?
[01:09:37.480 --> 01:09:40.000]  The prosecutor just decides.
[01:09:40.000 --> 01:09:41.240]  What?
[01:09:41.240 --> 01:09:42.640]  No.
[01:09:42.640 --> 01:09:47.480]  You're missing something.
[01:09:47.480 --> 01:09:51.600]  An indictment is returned and filed without a preliminary examination.
[01:09:51.600 --> 01:09:56.200]  And the indictment is enough to commence judicial proceeding.
[01:09:56.200 --> 01:10:01.840]  But traditionally in American law, indictment means a finding of probable cause by a grand
[01:10:01.840 --> 01:10:02.840]  jury.
[01:10:02.840 --> 01:10:13.040]  I see here one lawyer in Michigan talking about...
[01:10:13.040 --> 01:10:14.040]  This is his blog.
[01:10:14.040 --> 01:10:18.120]  I haven't found the law yet, but it says in the state of Michigan grand jury proceedings
[01:10:18.120 --> 01:10:19.760]  are rarely used.
[01:10:19.760 --> 01:10:25.100]  However, the grand jury does play an important part in criminal proceedings.
[01:10:25.100 --> 01:10:31.000]  So let me go back and take a look at your Michigan legislature again.
[01:10:31.000 --> 01:10:41.040]  I bet you we can find something about the grand juries there.
[01:10:41.040 --> 01:10:52.400]  Because generally, if there's no grand juries, then they would proceed on the information.
[01:10:52.400 --> 01:10:53.400]  Okay.
[01:10:53.400 --> 01:11:00.520]  And information, for those who don't understand what that actually is, a criminal complaint
[01:11:00.520 --> 01:11:06.040]  is intended to be prepared by a ordinary citizen.
[01:11:06.040 --> 01:11:15.880]  So the structure and form of a criminal complaint is much more lax than information.
[01:11:15.880 --> 01:11:22.200]  They don't expect a ordinary person to have the legal expertise to make sure that the
[01:11:22.200 --> 01:11:25.080]  complaint is in proper form.
[01:11:25.080 --> 01:11:33.100]  So when a prosecutor receives a complaint, he's to reduce the complaint to proper form.
[01:11:33.100 --> 01:11:35.800]  And he does that by creating an information.
[01:11:35.800 --> 01:11:41.480]  The information must be based on the complaint.
[01:11:41.480 --> 01:11:53.520]  So an indictment, like in Texas, the prosecutor must present the information to the grand
[01:11:53.520 --> 01:11:55.160]  jury.
[01:11:55.160 --> 01:12:01.520]  Well, if there is no complaint, then there can be no indictment.
[01:12:01.520 --> 01:12:10.160]  If there is a complaint, the complaint is required to be presented to some magistrate.
[01:12:10.160 --> 01:12:15.080]  And when the magistrate receives the complaint, the magistrate is to hold an examining trial
[01:12:15.080 --> 01:12:18.360]  and make a determination of probable cause.
[01:12:18.360 --> 01:12:23.760]  As Gerstein Pugh, it's a federal requirement, there must be a determination of probable
[01:12:23.760 --> 01:12:29.880]  cause before the court can take subject matter jurisdiction.
[01:12:29.880 --> 01:12:35.560]  I don't see how Michigan can get to subject matter jurisdiction without an examining trial
[01:12:35.560 --> 01:12:37.840]  or preliminary hearing.
[01:12:37.840 --> 01:12:41.800]  Does that make sense, Steve?
[01:12:41.800 --> 01:12:43.840]  I'm sorry, Scott.
[01:12:43.840 --> 01:12:46.600]  It does, yes.
[01:12:46.600 --> 01:12:47.600]  It's in there.
[01:12:47.600 --> 01:12:49.400]  I just gotta dig it out and find it.
[01:12:49.400 --> 01:12:53.240]  I think we just found about the examining trial.
[01:12:53.240 --> 01:12:58.700]  As far as the grand jury, though, I'm noticing something odd here.
[01:12:58.700 --> 01:13:09.280]  It says in 767, this is section 767.7, it says that grand jury shall not hereafter be
[01:13:09.280 --> 01:13:14.040]  drawn, summoned, or required to attend at the sittings of any court within this state
[01:13:14.040 --> 01:13:15.640]  as provided by law.
[01:13:15.640 --> 01:13:20.480]  Thus the judge thereof shall so direct by writing under his hand and filed with the
[01:13:20.480 --> 01:13:21.640]  clerk of said court.
[01:13:21.640 --> 01:13:26.520]  So it sounds like they kind of did away with it in 1927.
[01:13:26.520 --> 01:13:32.760]  They did away with the grand juries as a normal part of their procedure, but they still allow
[01:13:32.760 --> 01:13:39.800]  for a judge to say, actually, I wanna have a grand jury and he can direct that.
[01:13:39.800 --> 01:13:42.640]  And they can in panel one.
[01:13:42.640 --> 01:13:43.640]  Interesting.
[01:13:43.640 --> 01:13:52.360]  Is a judge in Michigan allowed to, or is anyone else allowed to make a determination of probable
[01:13:52.360 --> 01:13:54.480]  cause other than a magistrate?
[01:13:54.480 --> 01:14:00.400]  Well, yeah, a district or a circuit court judge acting as a magistrate.
[01:14:00.400 --> 01:14:03.640]  Okay, well acting as a magistrate, okay.
[01:14:03.640 --> 01:14:09.240]  Then we still have the magistrate in place, if not the grand jury.
[01:14:09.240 --> 01:14:15.320]  Okay, let me take a step back and figure out why we're going here.
[01:14:15.320 --> 01:14:24.400]  Now, I go there because I'm claiming that the court cannot secure subject matter jurisdiction
[01:14:24.400 --> 01:14:27.680]  without a determination of probable cause.
[01:14:27.680 --> 01:14:32.520]  Is that why you're going to the magistrate issue?
[01:14:32.520 --> 01:14:39.160]  Yes, I think you just put it into words for me, but yes.
[01:14:39.160 --> 01:14:50.840]  Okay, so then any time there's not a probable cause determination by a judge, the argument
[01:14:50.840 --> 01:14:55.960]  is that the court cannot take jurisdiction.
[01:14:55.960 --> 01:14:59.160]  Have you looked at the rules of court for clerks?
[01:14:59.160 --> 01:15:12.720]  See, I asked the clerk here, how do you create a cause, a criminal case with no determination
[01:15:12.720 --> 01:15:15.520]  of probable cause?
[01:15:15.520 --> 01:15:20.100]  And she said, well, I just get the indictment.
[01:15:20.100 --> 01:15:26.480]  So she's creating a criminal case based on an indictment.
[01:15:26.480 --> 01:15:32.700]  But what would happen if the person went before a magistrate, and the magistrate found no
[01:15:32.700 --> 01:15:36.040]  probable cause?
[01:15:36.040 --> 01:15:39.660]  You can't prosecute someone with no probable cause.
[01:15:39.660 --> 01:15:44.120]  So the clerk doesn't have a determination of probable cause.
[01:15:44.120 --> 01:15:47.120]  I can't see how they can get jurisdiction at all.
[01:15:47.120 --> 01:15:51.960]  What they do it in Michigan is basically the detective, I think the detective goes in front
[01:15:51.960 --> 01:15:58.320]  of the judge and says what the probable cause is, and the judge signs off on it, which to
[01:15:58.320 --> 01:16:00.320]  me sounds like-
[01:16:00.320 --> 01:16:02.680]  Okay, that's an examining trial.
[01:16:02.680 --> 01:16:06.720]  Now the judge is not acting as a judge, he's acting as a magistrate.
[01:16:06.720 --> 01:16:12.180]  However, that was an ex parte determination of probable cause.
[01:16:12.180 --> 01:16:18.680]  That was a hearing where the rights of the individual were before the court.
[01:16:18.680 --> 01:16:27.600]  So when he's arrested, he has a right to an examining trial with both parties present.
[01:16:27.600 --> 01:16:31.200]  Otherwise you're looking at Star Chamber courts.
[01:16:31.200 --> 01:16:32.200]  Exactly.
[01:16:32.200 --> 01:16:43.640]  It's going to be complicated to get there, but I can see the paths.
[01:16:43.640 --> 01:16:47.080]  Okay, hang on, about to go to our sponsors.
[01:16:47.080 --> 01:16:54.360]  Randy Kelton, Brett Fountain, Rule of Law Radio, a call in number 512-646-1984.
[01:16:54.360 --> 01:17:00.240]  We'll be right back.
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[01:19:13.520 --> 01:19:37.000]  Okay, we are back.
[01:19:37.000 --> 01:19:42.000]  Randy Kelton, Brett Fountain Radio, and we're talking to Scott in Michigan, and Scott, I
[01:19:42.000 --> 01:19:44.520]  was thinking about this over the break.
[01:19:44.520 --> 01:19:51.260]  A police officer goes to the judge and makes an accusation.
[01:19:51.260 --> 01:19:56.720]  The judge holds an examining trial and finds probable cause based on the information he
[01:19:56.720 --> 01:20:00.080]  received from the officer.
[01:20:00.080 --> 01:20:08.200]  But that was an ex parte hearing that affected your liberty.
[01:20:08.200 --> 01:20:15.660]  So it was a critical hearing in the prosecution, a hearing to which you had a right to be present,
[01:20:15.660 --> 01:20:21.120]  be faced by your accuser, and examine witnesses.
[01:20:21.120 --> 01:20:28.280]  Once you were arrested, you had a right to be taken back before that magistrate with
[01:20:28.280 --> 01:20:35.480]  both parties present so that all of your constitutional rights could be upheld.
[01:20:35.480 --> 01:20:43.840]  This sounds like an argument you can make in the federal court and show that the Michigan
[01:20:43.840 --> 01:20:51.320]  law, the way it's interpreted, is repugnant to the federal constitution.
[01:20:51.320 --> 01:20:58.920]  Specifically in terms of a due process violation, I don't think I'd want to argue that I have
[01:20:58.920 --> 01:21:06.520]  a constitutional right to an examining trial, but just the way they did it.
[01:21:06.520 --> 01:21:08.600]  Actually that's what Gerstein Pugh says.
[01:21:08.600 --> 01:21:14.980]  Go to jurisimprudence.website.
[01:21:14.980 --> 01:21:20.360]  Top frog on the left, that's because I call this the frog farm conspiracy, so I've got
[01:21:20.360 --> 01:21:22.080]  lots of frogs on there.
[01:21:22.080 --> 01:21:28.560]  Top frog on the left goes to a habeas corpus I wrote for a kid in Conroe.
[01:21:28.560 --> 01:21:34.040]  In there we walk through due process.
[01:21:34.040 --> 01:21:41.180]  It's written in Texas law, but most of my case law is federal law.
[01:21:41.180 --> 01:21:44.160]  Look at that, it addresses this issue.
[01:21:44.160 --> 01:21:47.800]  You will see a reference to Gerstein Pugh.
[01:21:47.800 --> 01:21:54.740]  Gerstein Pugh is the controlling case that says the federal constitution grants everybody
[01:21:54.740 --> 01:21:58.080]  the right to a preliminary hearing.
[01:21:58.080 --> 01:22:05.920]  So here they held a preliminary hearing, but they held it in ex parte between the accuser
[01:22:05.920 --> 01:22:11.960]  and the judge, and denied you in your right to face your accuser, and that's a federal
[01:22:11.960 --> 01:22:12.960]  right.
[01:22:12.960 --> 01:22:19.000]  When you bring a federal issue to the state court, they do not want to go there.
[01:22:19.000 --> 01:22:20.840]  What year is Gerstein Pugh?
[01:22:20.840 --> 01:22:24.120]  Wait, say that again.
[01:22:24.120 --> 01:22:27.480]  What year was Gerstein Pugh?
[01:22:27.480 --> 01:22:32.440]  90, early to late 90s, it's a relatively recent case.
[01:22:32.440 --> 01:22:41.280]  Okay, because under this 766.1, it says constitutionality, there is no federal constitutional right
[01:22:41.280 --> 01:22:45.360]  to a preliminary examination or hearing in a criminal prosecution.
[01:22:45.360 --> 01:22:47.400]  The procedure is left to the state.
[01:22:47.400 --> 01:22:53.600]  In Michigan, the right is statutory, people v. Johnson, 1986.
[01:22:53.600 --> 01:22:56.400]  That will be overruled by Gerstein Pugh.
[01:22:56.400 --> 01:22:57.400]  Okay.
[01:22:57.400 --> 01:23:04.160]  There it is, he'll have the date for you in a second.
[01:23:04.160 --> 01:23:06.760]  Okay, Gerstein Pugh, no?
[01:23:06.760 --> 01:23:11.560]  Gerstein Pugh is 1975.
[01:23:11.560 --> 01:23:15.660]  And you have a case that said there is no right to a preliminary hearing?
[01:23:15.660 --> 01:23:21.000]  No federal constitutional right to a preliminary examination of a criminal prosecution.
[01:23:21.000 --> 01:23:23.360]  Can you send me that case?
[01:23:23.360 --> 01:23:26.820]  Sure.
[01:23:26.820 --> 01:23:32.760]  That seems to directly contradict 200 years, 800 years of law.
[01:23:32.760 --> 01:23:37.560]  Well, in Michigan, that wouldn't surprise me a bit.
[01:23:37.560 --> 01:23:40.600]  Wait, is that a Michigan case or a federal case?
[01:23:40.600 --> 01:23:41.600]  It's a-
[01:23:41.600 --> 01:23:42.600]  Statute.
[01:23:42.600 --> 01:23:47.760]  I'm looking at an appeals case because it's 427 Michigan 98.
[01:23:47.760 --> 01:23:50.560]  Okay, that's a Michigan.
[01:23:50.560 --> 01:23:57.560]  Michigan can't say there is no federal right to a examining trial, only the feds can say
[01:23:57.560 --> 01:23:59.040]  that.
[01:23:59.040 --> 01:24:00.240]  Okay.
[01:24:00.240 --> 01:24:04.440]  So that case is in contravention to Gerstein Pugh.
[01:24:04.440 --> 01:24:05.440]  Okay.
[01:24:05.440 --> 01:24:13.080]  And I'm sure since Gerstein Pugh is 75, there's a lot of subsequent case law that will reference
[01:24:13.080 --> 01:24:18.560]  Gerstein Pugh, later case law.
[01:24:18.560 --> 01:24:28.400]  Yep, well also check out the Shepherd's Citations on this People v. Johnson, right?
[01:24:28.400 --> 01:24:29.400]  Yes.
[01:24:29.400 --> 01:24:30.400]  Okay.
[01:24:30.400 --> 01:24:35.480]  Do Shepherds on both Gerstein and Johnson.
[01:24:35.480 --> 01:24:36.800]  Okay.
[01:24:36.800 --> 01:24:39.800]  Okay, anything else for us?
[01:24:39.800 --> 01:24:45.680]  Nope, that gives me a direction in general, but we got to pick a direction more specifically
[01:24:45.680 --> 01:24:49.320]  by Tuesday because arraignment is Tuesday.
[01:24:49.320 --> 01:24:50.320]  Okay.
[01:24:50.320 --> 01:24:54.320]  So I will do everything I can to get it to you in the morning.
[01:24:54.320 --> 01:24:55.320]  Okay, thank you.
[01:24:55.320 --> 01:25:00.200]  Okay, now we're going to Steven in Texas.
[01:25:00.200 --> 01:25:04.440]  Hello, Steven, what do you have for us today?
[01:25:04.440 --> 01:25:12.320]  Well, hey, I'm a first-time caller, I've been on the Telegram channel with Alphonse
[01:25:12.320 --> 01:25:18.000]  Faggiolo, I believe, and that's where I first learned of you.
[01:25:18.000 --> 01:25:23.520]  Oh wait, you know Alphonse, I'm not going to hold that against you.
[01:25:23.520 --> 01:25:25.760]  I appreciate that.
[01:25:25.760 --> 01:25:36.520]  And then somebody sent over the 150 page, 51 page document that you filed against Governor
[01:25:36.520 --> 01:25:38.400]  Abbott.
[01:25:38.400 --> 01:25:45.600]  And I am from Sherman, Texas originally, but I was arrested in Fort Walton Beach for refusing
[01:25:45.600 --> 01:25:48.760]  to wear a mask in a T-Mobile store.
[01:25:48.760 --> 01:25:57.840]  And I have a judge docket day on, I pled guilty, I'm not guilty, on the arraignment.
[01:25:57.840 --> 01:26:01.320]  I didn't know, and then I started really getting in.
[01:26:01.320 --> 01:26:04.080]  Okay, hold on, hold on.
[01:26:04.080 --> 01:26:06.200]  Did they charge, what did they charge you?
[01:26:06.200 --> 01:26:09.120]  What level of crime did they charge you with?
[01:26:09.120 --> 01:26:16.360]  They charged me with criminal trespass, and then resisting arrest without violence, because
[01:26:16.360 --> 01:26:22.200]  I wouldn't give them, I refused to remain silent, and I didn't give them my name, and
[01:26:22.200 --> 01:26:23.200]  that made them upset.
[01:26:23.200 --> 01:26:30.440]  And when I went to the first arraignment, the judge said that she would dismiss that,
[01:26:30.440 --> 01:26:35.480]  but I didn't agree to that, I just said I pled not guilty.
[01:26:35.480 --> 01:26:47.000]  So that's where I am, I started looking at Alphonse, all of his stuff, and I created
[01:26:47.000 --> 01:26:56.080]  an affidavit of status, and then I'm working on an affidavit of fact.
[01:26:56.080 --> 01:27:01.680]  I'm actually going to file probably Monday or Tuesday for sending an objection.
[01:27:01.680 --> 01:27:02.680]  He did a deal.
[01:27:02.680 --> 01:27:04.680]  Okay, okay, hold on, hold on.
[01:27:04.680 --> 01:27:05.760]  Yeah.
[01:27:05.760 --> 01:27:11.080]  Have you read my complaint against the governor?
[01:27:11.080 --> 01:27:15.100]  I have not read all of it, I've started reading it.
[01:27:15.100 --> 01:27:26.680]  The top part, I'm not sure where it's at, the whole gist of that is the executive orders
[01:27:26.680 --> 01:27:33.360]  by the governor exceed the governor's power and authority.
[01:27:33.360 --> 01:27:42.800]  And local jurisdictions cannot enforce these illegal laws, you should go for the jurisdiction.
[01:27:42.800 --> 01:27:46.760]  This should get a challenge to subject matter jurisdiction.
[01:27:46.760 --> 01:27:55.000]  Okay, so now, but I know Florida, and I think it's pretty much the same in Texas from what
[01:27:55.000 --> 01:28:05.040]  I've heard, but the trespass charge, T-Mobile trespassed me, and that's because they have
[01:28:05.040 --> 01:28:07.160]  their policy or whatever.
[01:28:07.160 --> 01:28:12.680]  And so that's, I guess I'm really not sure that-
[01:28:12.680 --> 01:28:16.160]  Okay, did they ask you to leave?
[01:28:16.160 --> 01:28:17.160]  Yes.
[01:28:17.160 --> 01:28:20.360]  Did you leave?
[01:28:20.360 --> 01:28:23.760]  I did not, and that's why I got arrested.
[01:28:23.760 --> 01:28:33.040]  Oh, okay, that's problematic.
[01:28:33.040 --> 01:28:38.640]  So my suggestion is, is you sue the snot out of T-Mobile.
[01:28:38.640 --> 01:28:48.440]  Right, yeah, well, and that's what I plan to do.
[01:28:48.440 --> 01:28:58.520]  Okay, have you looked up some of the mask suits in Texas?
[01:28:58.520 --> 01:29:04.280]  I haven't looked at any, not specifically, no, since I lived in Florida, I really haven't.
[01:29:04.280 --> 01:29:08.600]  Oh, so did this occur in Florida?
[01:29:08.600 --> 01:29:10.600]  It did occur in Florida, yes.
[01:29:10.600 --> 01:29:11.600]  Oh, okay.
[01:29:11.600 --> 01:29:18.640]  Then look up some mask suits that I'm sure to be some in Florida.
[01:29:18.640 --> 01:29:19.640]  Oh yeah.
[01:29:19.640 --> 01:29:24.600]  They'll do all your work for you, and then sue T-Mobile.
[01:29:24.600 --> 01:29:28.560]  When you sue T-Mobile, it's going to cost them a lot of money.
[01:29:28.560 --> 01:29:34.960]  Win, lose, or draw, it's going to cost them a lot of money, and as a part of a deal, you
[01:29:34.960 --> 01:29:39.040]  can get them to drop the trespass complaint.
[01:29:39.040 --> 01:29:40.200]  Okay.
[01:29:40.200 --> 01:29:51.680]  Okay, hang on, Randy Kelton, Brett Fountain, Rule Law Radio, call in number 512-646-1984.
[01:29:51.680 --> 01:29:56.440]  Hang on, we'll be right back.
[01:29:56.440 --> 01:30:06.920]  A top cybersecurity expert has a warning for America, if you build an electrical smart
[01:30:06.920 --> 01:30:11.200]  grid, the hackers will come, and they could cause a catastrophic blackout.
[01:30:11.200 --> 01:30:16.440]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
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[01:30:26.740 --> 01:30:31.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
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[01:30:52.480 --> 01:30:56.700]  So they're installing a national network of smart meters to remotely monitor electric
[01:30:56.700 --> 01:30:59.820]  use for efficiency and avoid grid failure.
[01:30:59.820 --> 01:31:04.500]  But cybersecurity expert David Chalk says, not so fast, if we make the national power
[01:31:04.500 --> 01:31:08.640]  grid controllable through the web, hackers will have a field day.
[01:31:08.640 --> 01:31:13.820]  Working remotely, they could tap in and blackout the entire nation, leaving us vulnerable to
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[01:31:14.820 --> 01:31:20.360]  I've long opposed smart meters for privacy and health reasons, but catastrophic failures
[01:31:20.360 --> 01:31:23.520]  caused by hackers, there's nothing smart about that.
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[01:33:00.880 --> 01:33:27.600]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:27.600 --> 01:33:50.680]  Okay, well here we go.
[01:33:50.680 --> 01:34:02.840]  Okay, we are back, Randy Kelton, Brett Fountain, Rule by Radio.
[01:34:02.840 --> 01:34:08.960]  It's kind of hard to know what's going on here, there's a lot more to this I'm sure.
[01:34:08.960 --> 01:34:24.920]  But from what I hear so far, probably the best strategy is to send a tort letter to T-Mobile.
[01:34:24.920 --> 01:34:31.000]  And by that he probably means the CEO, the man or woman who is in that role as opposed
[01:34:31.000 --> 01:34:36.120]  to just T-Mobile in general, yeah.
[01:34:36.120 --> 01:34:43.740]  Maybe we need to send a camera crew down there to do a 10-minute YouTube video about T-Mobile
[01:34:43.740 --> 01:34:47.560]  arresting his customers for not wearing these illegal masks.
[01:34:47.560 --> 01:34:54.760]  Yeah, I've been a customer with them for, I was like six, about two weeks of 10 years
[01:34:54.760 --> 01:35:04.200]  and I've paid them like $19,000 in, you know, cell phone bills over the last 10 years.
[01:35:04.200 --> 01:35:07.920]  Those are the kind of numbers that stand out in a news story.
[01:35:07.920 --> 01:35:08.920]  Yeah.
[01:35:08.920 --> 01:35:14.400]  Have you tried the local news?
[01:35:14.400 --> 01:35:17.620]  I haven't.
[01:35:17.620 --> 01:35:19.600]  This is a hot issue right now.
[01:35:19.600 --> 01:35:21.840]  Yeah, it is.
[01:35:21.840 --> 01:35:27.640]  At the end of the day, the law really doesn't matter.
[01:35:27.640 --> 01:35:28.640]  Everything is political.
[01:35:28.640 --> 01:35:34.320]  Politics, that got my attention, yeah.
[01:35:34.320 --> 01:35:36.680]  Stir up a little politics for them.
[01:35:36.680 --> 01:35:37.680]  We do.
[01:35:37.680 --> 01:35:38.680]  Here's the thing.
[01:35:38.680 --> 01:35:44.200]  I work for a company and we do a lot of work on military bases.
[01:35:44.200 --> 01:35:48.360]  And the military bases, man, they are going full bore, man.
[01:35:48.360 --> 01:35:52.380]  It seems like with the mask, man, you know, the whole shebangabang.
[01:35:52.380 --> 01:35:56.000]  So I don't know.
[01:35:56.000 --> 01:36:05.080]  I'm willing to do it and I would definitely be on board with taking it to T-Mobile because
[01:36:05.080 --> 01:36:07.640]  it kicked me off, to be honest.
[01:36:07.640 --> 01:36:12.680]  It just, I don't know, I just, I really didn't think that they were going to do it, but they
[01:36:12.680 --> 01:36:13.680]  did it.
[01:36:13.680 --> 01:36:19.680]  And so here we are, but okay, a tort letter to T-Mobile.
[01:36:19.680 --> 01:36:24.380]  And I've looked up, I know who the CEO of T-Mobile is.
[01:36:24.380 --> 01:36:30.480]  First thing you do is look up some lawsuits, Florida lawsuits on the mask issue and use
[01:36:30.480 --> 01:36:33.560]  that to develop your tort letter.
[01:36:33.560 --> 01:36:34.560]  Okay.
[01:36:34.560 --> 01:36:36.560]  All right.
[01:36:36.560 --> 01:36:42.200]  And I think there were, I think I heard on L-5 that he said there was some guy in Florida
[01:36:42.200 --> 01:36:46.600]  that's been killing these masks one day and.
[01:36:46.600 --> 01:36:48.540]  Yeah, that was Steve Emerson.
[01:36:48.540 --> 01:36:49.540]  Been arrested.
[01:36:49.540 --> 01:36:50.540]  It's who?
[01:36:50.540 --> 01:36:51.540]  Steve Emerson.
[01:36:51.540 --> 01:36:52.540]  Steve Emerson.
[01:36:52.540 --> 01:36:57.040]  Man, he's beat them up left and right for that mask stuff in Florida.
[01:36:57.040 --> 01:36:58.040]  Okay.
[01:36:58.040 --> 01:37:01.200]  I don't know how to get in touch with him, but I bet I can figure it out.
[01:37:01.200 --> 01:37:04.160]  So yeah, I can help you with that.
[01:37:04.160 --> 01:37:05.160]  Okay.
[01:37:05.160 --> 01:37:10.080]  Do you have anything else for us, Steven?
[01:37:10.080 --> 01:37:16.040]  I don't think so, but I really appreciate you taking my call and I'm going to be a listener.
[01:37:16.040 --> 01:37:21.640]  I just now heard about you today, so I got on the first chance I got, so I really appreciate
[01:37:21.640 --> 01:37:25.440]  you taking the call and thank you for your advice.
[01:37:25.440 --> 01:37:26.440]  Okay.
[01:37:26.440 --> 01:37:28.000]  And don't be a stranger.
[01:37:28.000 --> 01:37:29.000]  Okay.
[01:37:29.000 --> 01:37:31.200]  Now we're going to go to Penny in Texas.
[01:37:31.200 --> 01:37:32.200]  Hello, Penny.
[01:37:32.200 --> 01:37:33.200]  Hey, Randy.
[01:37:33.200 --> 01:37:34.200]  Hey, Brett.
[01:37:34.200 --> 01:37:35.200]  Can you all hear me?
[01:37:35.200 --> 01:37:36.200]  Hey.
[01:37:36.200 --> 01:37:37.200]  Yes.
[01:37:37.200 --> 01:37:38.200]  We can hear you.
[01:37:38.200 --> 01:37:40.200]  What do you have for us today?
[01:37:40.200 --> 01:37:46.120]  Well, the first thing I wanted to question you about, because I've heard about this on
[01:37:46.120 --> 01:37:54.120]  Peggy Hall's Healthy American website, where the law in California apparently is the only
[01:37:54.120 --> 01:38:01.720]  way they can legally trespass someone is if the owner of the company trespasses you, notices
[01:38:01.720 --> 01:38:03.720]  you and trespasses you.
[01:38:03.720 --> 01:38:11.760]  So he might want to take a look at that for the laws down, the trespass laws in Florida
[01:38:11.760 --> 01:38:13.920]  and see if that's applicable.
[01:38:13.920 --> 01:38:20.360]  I mean, I still take T-Mobile to task, but he might get another foot in the stirrup if
[01:38:20.360 --> 01:38:23.960]  he comes up to that law.
[01:38:23.960 --> 01:38:32.040]  That is a very good point, but I haven't heard that, certainly not that way in Texas.
[01:38:32.040 --> 01:38:39.040]  An employee stands in the shoes of the employer.
[01:38:39.040 --> 01:38:48.680]  Now you can make your claim against the employer as respondeat superior, but they will allow
[01:38:48.680 --> 01:38:57.840]  a, at least the law in Texas allows a employee, whoever has custody of the location can trespass
[01:38:57.840 --> 01:38:58.840]  someone.
[01:38:58.840 --> 01:39:03.360]  So that includes like grocery store cashiers?
[01:39:03.360 --> 01:39:04.360]  Yeah.
[01:39:04.360 --> 01:39:05.360]  Wow.
[01:39:05.360 --> 01:39:09.360]  I did not know that.
[01:39:09.360 --> 01:39:20.320]  The thing about the trespass, if they ordered you to leave, you have to leave and you can
[01:39:20.320 --> 01:39:28.200]  raise all your issues, but you have to leave or they will, and that's reasonable.
[01:39:28.200 --> 01:39:36.440]  If the person operating the business has reason to believe that you're creating a problem
[01:39:36.440 --> 01:39:43.300]  with their business, they can ask you to leave.
[01:39:43.300 --> 01:39:45.600]  It's their business, they own it.
[01:39:45.600 --> 01:39:49.320]  If they do that to someone, they're likely to lose business, but if the company is willing
[01:39:49.320 --> 01:39:53.980]  to lose the business, then it's certainly their call.
[01:39:53.980 --> 01:40:00.880]  But that is an odd reading in California.
[01:40:00.880 --> 01:40:04.680]  I would want to look at that close before I trusted that.
[01:40:04.680 --> 01:40:11.320]  A lot of times we read these codes and get them out of context.
[01:40:11.320 --> 01:40:16.480]  And if it doesn't sound right, it's probably not.
[01:40:16.480 --> 01:40:22.160]  You know, I do this show and people ask me questions and they think I've got the codes
[01:40:22.160 --> 01:40:23.160]  memorized.
[01:40:23.160 --> 01:40:25.680]  Well, I don't.
[01:40:25.680 --> 01:40:30.120]  The codes are extremely well structured.
[01:40:30.120 --> 01:40:35.800]  And if something seems like it should be illegal, it probably is.
[01:40:35.800 --> 01:40:41.220]  If something seems like it shouldn't, it's probably not because the codes have been developed
[01:40:41.220 --> 01:40:46.880]  over 800 years and they're very well put together.
[01:40:46.880 --> 01:40:58.920]  So to say that I hire you and give you charge of a location for my business and say I go
[01:40:58.920 --> 01:41:04.840]  home because I've been working all day and I leave you in charge, it would be reasonable
[01:41:04.840 --> 01:41:12.480]  that you be able to ask someone to leave who created a disturbance.
[01:41:12.480 --> 01:41:18.600]  So to say that California has to be the owner, that's probably something else to that we've
[01:41:18.600 --> 01:41:19.600]  missed.
[01:41:19.600 --> 01:41:22.480]  But I do appreciate that.
[01:41:22.480 --> 01:41:25.600]  I'm always real careful about how we analyze law.
[01:41:25.600 --> 01:41:27.960]  Okay, did you have something else?
[01:41:27.960 --> 01:41:29.880]  That was kind of secondary.
[01:41:29.880 --> 01:41:36.600]  Yeah, I wanted to suggest, because a lot of us aren't, who would love to be at one of
[01:41:36.600 --> 01:41:41.580]  your seminars is not, we're not going to be able to make it, right?
[01:41:41.580 --> 01:41:46.560]  Like right now, I'm homebound because I take care of my elderly father.
[01:41:46.560 --> 01:41:48.560]  I cannot leave here.
[01:41:48.560 --> 01:42:00.680]  And so what I would suggest is that you videotape your conferences and put them up and charge
[01:42:00.680 --> 01:42:02.640]  for people to view them.
[01:42:02.640 --> 01:42:12.680]  We would definitely be doing that, but it's not as dynamic when you're not there where
[01:42:12.680 --> 01:42:16.240]  you can ask questions and interact with other people.
[01:42:16.240 --> 01:42:25.400]  I've done seminars and you can really work a crowd to help keep the crowd focused.
[01:42:25.400 --> 01:42:32.600]  I watch the crowd real closely because the one thing, the worst thing I can do in a seminar
[01:42:32.600 --> 01:42:39.680]  is to say something and somebody doesn't understand, they don't lose them.
[01:42:39.680 --> 01:42:46.080]  So I watch the crowd real careful for signs that someone's missed something and I can
[01:42:46.080 --> 01:42:49.520]  adjust what I'm doing.
[01:42:49.520 --> 01:42:56.400]  I can watch the person who's clearly, you see their eyes dilate and they kind of back
[01:42:56.400 --> 01:43:05.800]  out of focus, then I kind of delay and stay on the same topic until they appear to catch
[01:43:05.800 --> 01:43:08.340]  back up with me and then move ahead.
[01:43:08.340 --> 01:43:14.620]  If I lose one person here and I've got a lot of other people listening like on a stream
[01:43:14.620 --> 01:43:17.120]  or something, I'm going to lose them too.
[01:43:17.120 --> 01:43:24.120]  So I need the crowd to do this with, and when you were saying that, it's probably a good
[01:43:24.120 --> 01:43:29.440]  idea we may set up to live stream it.
[01:43:29.440 --> 01:43:34.120]  Well yeah, that's good if it has a replay.
[01:43:34.120 --> 01:43:39.400]  You know, I mean people who are working, they're not going to make a three o'clock.
[01:43:39.400 --> 01:43:45.240]  We would definitely record them anyway because everybody that comes will get a copy of the
[01:43:45.240 --> 01:43:46.240]  recordings.
[01:43:46.240 --> 01:43:52.800]  We'll videotape everything, but we'll also sell them.
[01:43:52.800 --> 01:43:55.720]  Those we have to take and master before we sell them.
[01:43:55.720 --> 01:43:58.400]  Hang on, about to go to our sponsors.
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[01:46:24.640 --> 01:46:47.440]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Penny
[01:46:47.440 --> 01:46:48.440]  in Texas.
[01:46:48.440 --> 01:46:54.200]  And yes, we do plan on videotaping all of it.
[01:46:54.200 --> 01:46:59.160]  Then we'll take the videotapes and master them.
[01:46:59.160 --> 01:47:01.960]  That way, people won't know I make mistakes.
[01:47:01.960 --> 01:47:11.920]  You know, we do this radio show and what we try to do is, if I'm saying something and
[01:47:11.920 --> 01:47:21.660]  I screw something up, if you're going to make an audio or you're going to master whatever
[01:47:21.660 --> 01:47:26.880]  you're producing, is you stop for just an instant.
[01:47:26.880 --> 01:47:32.720]  Because if you're looking at a voice graph, when you're talking, when you take a breath,
[01:47:32.720 --> 01:47:34.400]  you get a flat line.
[01:47:34.400 --> 01:47:39.360]  You get a flat line and then a little glitch and then another flat line.
[01:47:39.360 --> 01:47:46.000]  So I'm talking and I need to take a breath, so I stop talking and then I start talking
[01:47:46.000 --> 01:47:47.000]  again.
[01:47:47.000 --> 01:47:51.180]  Well, there's a dead space on each side and you can hear me take the breath.
[01:47:51.180 --> 01:47:56.200]  So when you look at the voice graph, you can see those, they stand right out at you.
[01:47:56.200 --> 01:48:01.080]  So if you screw something up, you stop and then say it again.
[01:48:01.080 --> 01:48:03.040]  Start back at the beginning.
[01:48:03.040 --> 01:48:08.200]  Sometimes we forget because when you make a mistake, you want to correct it real quick.
[01:48:08.200 --> 01:48:14.080]  But we try to stop, give it just an instant and then say the same thing again.
[01:48:14.080 --> 01:48:19.160]  That way, the videographer can then go in and see the flat spaces.
[01:48:19.160 --> 01:48:24.680]  They can see where I started this particular phrase.
[01:48:24.680 --> 01:48:28.120]  And then when I stopped and said the phrase again, they just go there and cut that out,
[01:48:28.120 --> 01:48:29.120]  bring it together.
[01:48:29.120 --> 01:48:31.800]  You'd never know, I goofed it up.
[01:48:31.800 --> 01:48:38.080]  There is a PSA on here for longevity.
[01:48:38.080 --> 01:48:43.000]  I did that one, that's the only one I ever did.
[01:48:43.000 --> 01:48:50.760]  And the reason that's the only one I ever did is Deborah said that in that whole PSA,
[01:48:50.760 --> 01:48:55.160]  I did not say two words in sequence.
[01:48:55.160 --> 01:49:05.960]  I did 35 takes and she cut and pasted them into one and never asked me to do one again.
[01:49:05.960 --> 01:49:09.120]  Well, I wonder why.
[01:49:09.120 --> 01:49:10.400]  But she did a pretty good job.
[01:49:10.400 --> 01:49:11.400]  I sound good.
[01:49:11.400 --> 01:49:13.360]  She did a great job, yeah, you do.
[01:49:13.360 --> 01:49:16.760]  I was going to say it was really smooth, actually.
[01:49:16.760 --> 01:49:19.840]  Yeah, it sounds like I said it all in one pass.
[01:49:19.840 --> 01:49:20.840]  It does.
[01:49:20.840 --> 01:49:24.840]  She said it wasn't two words in order.
[01:49:24.840 --> 01:49:28.880]  I thought I was good.
[01:49:28.880 --> 01:49:35.320]  Anyway, so yeah, we'll master the audio.
[01:49:35.320 --> 01:49:36.320]  Deborah will have to do this.
[01:49:36.320 --> 01:49:39.040]  I can master audio, I can't master video.
[01:49:39.040 --> 01:49:41.360]  Actually, I've never tried.
[01:49:41.360 --> 01:49:49.440]  But yeah, we'll do that and then we'll sell the videos and I want to do a number of these
[01:49:49.440 --> 01:49:54.400]  because each time I do them, they'll be somewhat different.
[01:49:54.400 --> 01:49:56.720]  So we'll have something for everybody.
[01:49:56.720 --> 01:49:58.520]  This is the right time.
[01:49:58.520 --> 01:50:01.600]  Oh, it definitely is, yeah.
[01:50:01.600 --> 01:50:06.040]  I mean, you've got on the TV, on the news reports going, you know, you're going to wear
[01:50:06.040 --> 01:50:09.200]  this mask forever unless you get vaccinated.
[01:50:09.200 --> 01:50:13.760]  I mean, really, come on.
[01:50:13.760 --> 01:50:24.280]  On the mask issue, my argument was not, in my criminal complaint, I don't argue that
[01:50:24.280 --> 01:50:34.560]  the executive orders were not a good idea or possibly even necessary.
[01:50:34.560 --> 01:50:36.880]  Not the point.
[01:50:36.880 --> 01:50:40.760]  The governor does not get to do that.
[01:50:40.760 --> 01:50:46.640]  Yeah, I know, but Biden doesn't have any problem doing that.
[01:50:46.640 --> 01:50:53.800]  Well, none of them seem to have a problem doing it.
[01:50:53.800 --> 01:50:57.000]  We have to raise issues about it.
[01:50:57.000 --> 01:51:02.680]  And they can be confident in doing those things because consider the governor.
[01:51:02.680 --> 01:51:06.000]  Every one of those were horrendously illegal.
[01:51:06.000 --> 01:51:16.040]  In a state of 29 million people, only one person raised a criminal red flag.
[01:51:16.040 --> 01:51:17.040]  Right.
[01:51:17.040 --> 01:51:20.200]  We've got to fix that.
[01:51:20.200 --> 01:51:22.160]  I hear that one.
[01:51:22.160 --> 01:51:24.040]  And that's what I'm working on.
[01:51:24.040 --> 01:51:29.160]  I actually have more that I'm working on.
[01:51:29.160 --> 01:51:37.560]  I'm developing a tool where all of the knowledge that we accumulate doing this, we can build
[01:51:37.560 --> 01:51:43.520]  it into a tool so that someone can go online and answer these questions and it'll ask all
[01:51:43.520 --> 01:51:49.440]  of the questions that go to all of the issues that we've developed and then produce them
[01:51:49.440 --> 01:51:55.400]  the documents they need to address all the legal issues that go to the facts of their
[01:51:55.400 --> 01:51:56.400]  circumstance.
[01:51:56.400 --> 01:52:00.440]  And they don't have to know all these laws.
[01:52:00.440 --> 01:52:02.720]  The computer knows the laws.
[01:52:02.720 --> 01:52:08.040]  So all we have to do is ask the questions that go to each of the issues.
[01:52:08.040 --> 01:52:14.980]  An example of how I do this, when I present this to lawyers, this always gets lawyers.
[01:52:14.980 --> 01:52:19.140]  The biggest fear of a lawyer is missing something.
[01:52:19.140 --> 01:52:23.660]  So I tell them, I do this radio show and people call in all these great ideas.
[01:52:23.660 --> 01:52:27.280]  And then the next show somebody comes up with another one and the next show another one.
[01:52:27.280 --> 01:52:29.680]  I can't keep up with all of them.
[01:52:29.680 --> 01:52:35.440]  So I built this tool to have a way of organizing all these different things you can do by the
[01:52:35.440 --> 01:52:37.480]  context of when you do them.
[01:52:37.480 --> 01:52:42.160]  So I used this questionnaire and somebody had called me in and asked me if I knew what
[01:52:42.160 --> 01:52:44.800]  a Frank's hearing was.
[01:52:44.800 --> 01:52:48.900]  I told him, yeah, I've heard of it, but I don't remember what it is.
[01:52:48.900 --> 01:52:52.800]  So after the show, I looked it up and I said, holy crap.
[01:52:52.800 --> 01:52:54.720]  How could I ever have forgotten what that is?
[01:52:54.720 --> 01:52:58.400]  And the lawyer sitting there thinking, what the heck's a Frank's hearing?
[01:52:58.400 --> 01:53:01.000]  I never had a lawyer know what it was.
[01:53:01.000 --> 01:53:03.600]  Actually, I had one lawyer know what it was.
[01:53:03.600 --> 01:53:10.080]  A Frank's hearing is a hearing for the purpose of determining the veracity of a peace officer
[01:53:10.080 --> 01:53:13.320]  who testified before a magistrate to secure a warrant.
[01:53:13.320 --> 01:53:15.120]  So I look at my questionnaire.
[01:53:15.120 --> 01:53:16.120]  Were you arrested?
[01:53:16.120 --> 01:53:17.120]  Yes.
[01:53:17.120 --> 01:53:20.880]  Were you arrested for an on-site offense?
[01:53:20.880 --> 01:53:21.880]  No.
[01:53:21.880 --> 01:53:22.880]  Okay.
[01:53:22.880 --> 01:53:25.520]  Were you arrested on an existing warrant?
[01:53:25.520 --> 01:53:26.520]  Yes.
[01:53:26.520 --> 01:53:31.800]  I break the questionnaire apart right there and I add the question.
[01:53:31.800 --> 01:53:36.760]  Do you have reason to believe that the officer who testified for a magistrate to secure that
[01:53:36.760 --> 01:53:39.120]  warrant lied to the magistrate?
[01:53:39.120 --> 01:53:43.560]  If they say yes, it veers off, asks all the questions it needs to develop a Frank's
[01:53:43.560 --> 01:53:46.480]  hearing, comes back, keeps going.
[01:53:46.480 --> 01:53:51.360]  It will never forget to ask that question.
[01:53:51.360 --> 01:54:00.940]  So what we do with that methodology is we capture the entire knowledge base of the lawyers
[01:54:00.940 --> 01:54:02.600]  that practice in this area.
[01:54:02.600 --> 01:54:04.160]  They look this over.
[01:54:04.160 --> 01:54:07.100]  I got this questionnaire here, guys.
[01:54:07.100 --> 01:54:12.800]  This is a questionnaire designed to ask the kinds of questions you would ask a client.
[01:54:12.800 --> 01:54:14.920]  Look at it and see if I've missed any.
[01:54:14.920 --> 01:54:19.440]  If I've missed some, show me where I missed it and we'll go into the questionnaire and
[01:54:19.440 --> 01:54:23.840]  crack it apart, put in those questions, stitch it back together.
[01:54:23.840 --> 01:54:29.000]  Before long, we will have the entire knowledge base.
[01:54:29.000 --> 01:54:35.160]  Now this is not AI, artificial intelligence.
[01:54:35.160 --> 01:54:42.080]  Artificial intelligence may have its day, but it's not this day.
[01:54:42.080 --> 01:54:48.440]  In this day, this tool has no intelligence whatsoever.
[01:54:48.440 --> 01:54:53.200]  All it does is connect the dots.
[01:54:53.200 --> 01:54:57.640]  Every time I got a dot missing, if somebody looks at it and says, you got a dot missing
[01:54:57.640 --> 01:55:02.320]  here, we break it open, stick that dot in there, stitch it back together.
[01:55:02.320 --> 01:55:07.040]  This is the tool I'm trying to build and these seminars will help me get the funding I need
[01:55:07.040 --> 01:55:09.160]  to put the last pieces together.
[01:55:09.160 --> 01:55:17.200]  When we have that together, you won't need to be a lawyer.
[01:55:17.200 --> 01:55:21.600]  You will have all the knowledge that the lawyer has available.
[01:55:21.600 --> 01:55:29.760]  Not only the knowledge a lawyer has, but the knowledge all lawyers have.
[01:55:29.760 --> 01:55:31.960]  You go in, answer all the questions.
[01:55:31.960 --> 01:55:35.000]  The system will spit out all the documents you need.
[01:55:35.000 --> 01:55:38.680]  All you need to do is sign them and send them.
[01:55:38.680 --> 01:55:45.880]  That's my goal and these seminars will help me get there.
[01:55:45.880 --> 01:56:01.000]  I've got 15 years and about a half a million dollars into this right now, but I'm close.
[01:56:01.000 --> 01:56:02.000]  Spread the word.
[01:56:02.000 --> 01:56:11.880]  Anybody you know that is upset, doesn't like the way things are going and wants to do something,
[01:56:11.880 --> 01:56:17.960]  but don't get upset if someone is not willing to step up.
[01:56:17.960 --> 01:56:20.760]  It's a hard thing to do.
[01:56:20.760 --> 01:56:25.780]  We used to have people call into my show talking about sheeple.
[01:56:25.780 --> 01:56:30.440]  I'm always offended by that.
[01:56:30.440 --> 01:56:35.320]  He's got a mortgage, he's got two cars, he's got four kids, he works two jobs, his wife
[01:56:35.320 --> 01:56:41.100]  works a job, they got all they can handle.
[01:56:41.100 --> 01:56:42.860]  I'm an old guy.
[01:56:42.860 --> 01:56:46.840]  My house has been paid off for over 20 years.
[01:56:46.840 --> 01:56:51.240]  My car has been paid off for 15 years.
[01:56:51.240 --> 01:56:52.240]  I bought it new.
[01:56:52.240 --> 01:56:55.640]  It runs as good as I got it, but it's been paid off.
[01:56:55.640 --> 01:56:58.000]  I don't have any debt.
[01:56:58.000 --> 01:57:00.600]  My kids are all grown.
[01:57:00.600 --> 01:57:02.600]  I have fulfilled my contract with life.
[01:57:02.600 --> 01:57:04.840]  I can do this.
[01:57:04.840 --> 01:57:08.600]  Nobody's depending on me for their livelihood.
[01:57:08.600 --> 01:57:16.940]  So I spend all my time looking for those people who can do this and are willing to step out
[01:57:16.940 --> 01:57:18.680]  and do the kind of things we're doing.
[01:57:18.680 --> 01:57:20.600]  People are afraid to do this.
[01:57:20.600 --> 01:57:30.360]  The hardest thing for me to do is help them understand this is not hard and it's not dangerous.
[01:57:30.360 --> 01:57:34.980]  I learned how to do it so it's not dangerous.
[01:57:34.980 --> 01:57:41.480]  Three dislocated ribs, two broken collar bones, a chipped elbow and a tooth knocked out.
[01:57:41.480 --> 01:57:44.320]  Been there, done that, got the t-shirt.
[01:57:44.320 --> 01:57:48.600]  But I worked out how to keep that from happening.
[01:57:48.600 --> 01:57:56.340]  And we're just looking for those who have the luxury to be able to take them on and
[01:57:56.340 --> 01:58:00.760]  I want them to have the tools they need to get it done with.
[01:58:00.760 --> 01:58:04.920]  I'm excited about it.
[01:58:04.920 --> 01:58:12.280]  Everything seems to be coming together right at the right time, just the way it should
[01:58:12.280 --> 01:58:13.280]  be.
[01:58:13.280 --> 01:58:19.480]  So we'll look back on this time and say that was our day.
[01:58:19.480 --> 01:58:22.600]  That's why we were put here.
[01:58:22.600 --> 01:58:24.600]  Okay.
[01:58:24.600 --> 01:58:27.900]  Thank you Penny and thank you all for listening.
[01:58:27.900 --> 01:58:31.600]  This is Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:58:31.600 --> 01:58:39.640]  We will be back next week at eight o'clock Thursday and Friday central time for our regular
[01:58:39.640 --> 01:58:40.640]  shows.
[01:58:40.640 --> 01:58:50.640]  Make sure you listen, tell all your friends and good night.
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