ROL_2021-05-27_16k.timecode

[00:11.840 --> 00:20.800]  an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel,
[00:20.800 --> 00:29.120]  Brent crude $62.47 a barrel, and crypto is in order of market cap, bitcoin core $10,566.52,
[00:29.120 --> 00:40.600]  ethereum $227.26, xrp ripple $0.33, litecoin $100.31, and bitcoin cash is at $324.10 a
[00:40.600 --> 00:42.600]  crypto coin.
[00:42.600 --> 00:52.280]  Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb was detonated
[00:52.280 --> 00:57.600]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[00:57.600 --> 01:04.600]  10 and injuring 40.
[01:04.600 --> 01:09.280]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hepat to
[01:09.280 --> 01:13.880]  taxes law back in June, county prosecutors around the state, including Houston, Austin,
[01:13.880 --> 01:17.880]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:17.880 --> 01:22.560]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.560 --> 01:24.520]  to test the herb for THC.
[01:24.520 --> 01:28.240]  Margaret Moore, the Travis County District Attorney announced earlier this month that
[01:28.240 --> 01:33.160]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.160 --> 01:34.160]  law.
[01:34.160 --> 01:37.400]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.400 --> 01:41.880]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:41.880 --> 01:48.040]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:48.040 --> 01:54.200]  As well as other cities too, like the District Attorney in El Paso, Jaime Esparza, a Democrat
[01:54.200 --> 01:58.760]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.760 --> 02:01.440]  prosecution of marijuana cases in El Paso.
[02:01.440 --> 02:06.520]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.520 --> 02:10.880]  in Harris County who stated that, quote, the law is constantly changing on what makes something
[02:10.880 --> 02:13.240]  illegal based on its chemical makeup.
[02:13.240 --> 02:17.120]  It's important that if someone is charged with something, the test matches what they're
[02:17.120 --> 02:22.320]  charged with.
[02:22.320 --> 02:27.040]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.040 --> 02:32.160]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.160 --> 02:37.800]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:37.800 --> 02:39.080]  Pacific Ocean.
[02:39.080 --> 02:43.600]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.600 --> 02:45.440]  its front fins.
[02:45.440 --> 02:53.640]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[02:53.640 --> 03:22.520]  This is Rook Rody with your lowdown for July 22nd, 2019.
[03:53.640 --> 04:23.200]  OK, howdy, howdy, Randy Kelton, Brett Fountain, Rule of Law Radio.
[04:23.200 --> 04:29.680]  On this the 27th day of May 2021.
[04:29.680 --> 04:33.480]  Did I get that right, Brett?
[04:33.480 --> 04:35.280]  Once again, you nailed it.
[04:35.280 --> 04:42.760]  I am taking my zinc when I remember it.
[04:42.760 --> 04:52.960]  OK, I want to start out talking about I did a presentation on a podcast show, Crow 776.
[04:52.960 --> 04:58.480]  That's C-R-R-O-W-777.
[04:58.480 --> 05:04.200]  And they wanted me to do a show on this governor's complaint.
[05:04.200 --> 05:12.520]  Well, it was a big job creating that, but I didn't think a whole lot of it because it
[05:12.520 --> 05:16.040]  really wasn't after the governor.
[05:16.040 --> 05:23.560]  I used that to get me to the Chief Justice of the Supreme and the presiding judge of
[05:23.560 --> 05:26.040]  the Court of Criminal Appeals.
[05:26.040 --> 05:33.520]  And that part worked perfectly because I filed against the governor with the grand jury on
[05:33.520 --> 05:34.760]  October 8th.
[05:34.760 --> 05:47.380]  October 9th, I filed with the Chief Justice of the Supreme.
[05:47.380 --> 05:53.760]  And then when he didn't respond with any examining trial, I filed against him with the presiding
[05:53.760 --> 05:55.620]  judge of the Court of Criminal Appeals.
[05:55.620 --> 05:58.120]  So I have both of them engaged.
[05:58.120 --> 06:04.120]  And then when I went to file criminal charges against a judge in Wise County, I took those
[06:04.120 --> 06:10.220]  criminal complaints with me to file them with a local magistrate.
[06:10.220 --> 06:20.080]  That took, allowed me to drag Wise County into Travis County.
[06:20.080 --> 06:24.460]  It got me jurisdiction in Travis County, I didn't expect to be arrested.
[06:24.460 --> 06:31.140]  But since they did, it was relatively serendipitous.
[06:31.140 --> 06:37.560]  Now I get to drag Wise County down to Travis County.
[06:37.560 --> 06:42.740]  They may all have their snouts in the same trough up here in Wise County.
[06:42.740 --> 06:49.720]  But Travis County kind of considers them backwater hicks.
[06:49.720 --> 06:52.640]  So they're not gonna be too accommodating.
[06:52.640 --> 06:57.600]  At least I hope that's the impression that they get.
[06:57.600 --> 07:00.500]  I am turning the phone lines on.
[07:00.500 --> 07:03.240]  So if you have a question or comment, give us a call.
[07:03.240 --> 07:04.240]  Randy Shelton.
[07:04.240 --> 07:09.880]  No, don't call Randy Shelton, call Ruvla Radio.
[07:09.880 --> 07:12.880]  What's the number, Brett?
[07:12.880 --> 07:18.260]  512-646-1984.
[07:18.260 --> 07:20.120]  My tongue is getting tangled today.
[07:20.120 --> 07:27.120]  I've been too long, buried deep inside that document.
[07:27.120 --> 07:32.240]  You know, last Thursday I did a presentation on how to write legal documents since our
[07:32.240 --> 07:33.240]  phones were down.
[07:33.240 --> 07:37.600]  And speaking of our phones being down, the reason our phones were down is because we
[07:37.600 --> 07:42.160]  ran out of minutes on our call in line.
[07:42.160 --> 07:50.280]  If you're calling in to the show and once you get off the call, please hang up because
[07:50.280 --> 07:52.480]  that costs us by the minute.
[07:52.480 --> 07:59.680]  We've had people calling into our caller line and used it as a listener line, and it's running
[07:59.680 --> 08:00.680]  out our accounts.
[08:00.680 --> 08:03.660]  We keep loading the accounts up and this runs them out.
[08:03.660 --> 08:06.160]  That's what happened to us Thursday.
[08:06.160 --> 08:10.920]  And Debra was at a gig, so she wasn't available to bring it back up.
[08:10.920 --> 08:16.520]  And a few donations would help us, and we could put more money into it, and it wouldn't
[08:16.520 --> 08:18.660]  be such of a problem.
[08:18.660 --> 08:33.200]  Now, I have the lawsuit is up to 90 pages, I've got four more causes of action to brief
[08:33.200 --> 08:34.200]  out.
[08:34.200 --> 08:35.200]  I keep adding one.
[08:35.200 --> 08:43.560]  I'm using those, the techniques I spoke of on the show last Thursday, and that I wrote
[08:43.560 --> 08:47.760]  the points and authorities first.
[08:47.760 --> 08:52.800]  And once I wrote the points and authorities, then I went down to work on the causes of
[08:52.800 --> 08:53.800]  action.
[08:53.800 --> 09:00.400]  And as I'm going through the causes of action, some of those has pointed to other causes
[09:00.400 --> 09:01.900]  of action.
[09:01.900 --> 09:11.340]  And then in dressing out the cause of action, that pointed to issues and elements I needed
[09:11.340 --> 09:14.580]  to add into the points and authorities.
[09:14.580 --> 09:19.240]  So these two are working very well together.
[09:19.240 --> 09:28.520]  And by working back and forth, it helps me get both sets so they're not redundant.
[09:28.520 --> 09:35.560]  I argue my issues in two places, and then I look at my table of contents, and the second
[09:35.560 --> 09:40.680]  place I argue it, I put in a reference to the first part and take that part out.
[09:40.680 --> 09:46.160]  So it's a really nice method for cleaning up your documents.
[09:46.160 --> 09:52.460]  Without this method, I'd probably be at 200 pages by now.
[09:52.460 --> 09:58.640]  Part of this is it starts out with a petition for declaratory judgment.
[09:58.640 --> 10:09.780]  In reading the declaratory judgment statute in Texas, and I read the one in Florida, I
[10:09.780 --> 10:16.760]  think Georgia and Texas, and they were exactly the same verbiage.
[10:16.760 --> 10:23.880]  So it looks like most of the states adopted this model declaratory judgment act, but it's
[10:23.880 --> 10:25.840]  different than the Fed.
[10:25.840 --> 10:27.580]  It gives you more options.
[10:27.580 --> 10:34.120]  One of the options it gives you is you can file a declaratory judgment request inside
[10:34.120 --> 10:37.260]  a civil action.
[10:37.260 --> 10:42.640]  So instead of having to file two separate lawsuits, I filed a petition for declaratory
[10:42.640 --> 10:48.760]  judgment first and asked the judge to rule on the petition.
[10:48.760 --> 10:54.040]  If I get a positive ruling on the petition for declaratory judgment and it rules on a
[10:54.040 --> 11:01.880]  fine point of law, in this particular case, as with most cases where someone has been
[11:01.880 --> 11:09.280]  arrested and taken to jail instead of the magistrate, I will be building a template
[11:09.280 --> 11:13.400]  lawsuit for that purpose.
[11:13.400 --> 11:18.120]  There are no facts in contention.
[11:18.120 --> 11:23.280]  The officer will testify that he arrested the person and took them to jail because that's
[11:23.280 --> 11:26.600]  policy and that's what they always do.
[11:26.600 --> 11:31.100]  So you're gonna say the guy arrested me and took me to jail.
[11:31.100 --> 11:36.660]  And in the morning they brought me before a magistrate who told me what the bail was
[11:36.660 --> 11:43.600]  and read the charges against me and told me what the bail was.
[11:43.600 --> 11:44.600]  And both sides will agree to that.
[11:44.600 --> 11:47.840]  They skipped the part about the examining trial.
[11:47.840 --> 11:48.840]  That's what we're gonna do.
[11:48.840 --> 11:49.840]  They always skip that one.
[11:49.840 --> 11:56.420]  Yeah, both sides will agree that there was no examining trial.
[11:56.420 --> 12:02.400]  They're gonna say we don't have to do one in a misdemeanor, but I don't know what they're
[12:02.400 --> 12:07.960]  gonna say in a felony because they're not doing it in felonies either.
[12:07.960 --> 12:16.720]  But neither side, the opposition can't say, yeah, we did an examining trial because one
[12:16.720 --> 12:24.400]  condition of filing the lawsuit is that there is no 16.17 order in the public record.
[12:24.400 --> 12:31.640]  And that's the order that the magistrate must prepare after an examining trial and forward
[12:31.640 --> 12:34.240]  to the clerk of the court.
[12:34.240 --> 12:39.460]  If it hasn't been forwarded to the clerk of the court, then the statute says the accused
[12:39.460 --> 12:41.400]  has a right to discharge.
[12:41.400 --> 12:44.720]  It acts as a finding and no probable cause.
[12:44.720 --> 12:47.360]  So that's irrefutable under law.
[12:47.360 --> 12:51.480]  And that's what I'm asking the court to say.
[12:51.480 --> 12:57.720]  If the court looks in the public record, they will find no order under 16.17.
[12:57.720 --> 13:02.920]  Therefore, under 16.17, the accused has a right to discharge.
[13:02.920 --> 13:07.760]  I'm gonna ask them to rule that that's what the statute says.
[13:07.760 --> 13:10.880]  And that's what the statute means.
[13:10.880 --> 13:25.280]  If they say yes, the suit's a done deal, the only thing left is how much the damages are.
[13:25.280 --> 13:34.600]  That you have a right to discharge, that the taking to the sheriff's office and to the
[13:34.600 --> 13:44.520]  jail instead of the magistrate is also stipulated because there was no examining trial.
[13:44.520 --> 13:49.160]  You've been taken to a magistrate, the only thing a magistrate can do is hold an examining
[13:49.160 --> 13:51.040]  trial.
[13:51.040 --> 13:57.440]  So it becomes res judicata.
[13:57.440 --> 14:02.160]  It makes the case way simpler.
[14:02.160 --> 14:06.840]  Then we just go on to how much they're gonna pay me.
[14:06.840 --> 14:13.400]  And if I get the declaratory judgment ruling, the other lawyer, if they got a lawyer who
[14:13.400 --> 14:19.760]  can think, he's gonna look at this and say, if that guy gets this declaratory judgment
[14:19.760 --> 14:24.880]  ruling, then we're screwed.
[14:24.880 --> 14:27.600]  We're gonna have to pay him.
[14:27.600 --> 14:30.360]  The only question is how much.
[14:30.360 --> 14:40.080]  So the first question is, do we want to risk a ruling in his favor when the law is overwhelmingly
[14:40.080 --> 14:43.600]  in my favor?
[14:43.600 --> 14:48.920]  Lawyer's likely to tell the client you might wanna make a deal with him.
[14:48.920 --> 14:56.000]  Because if he gets this ruling, it changes everything.
[14:56.000 --> 15:05.640]  This ruling will establish that every arrest you've made for the last 20 years is illegal.
[15:05.640 --> 15:13.160]  And every person arrested has a right to discharge, goes to subject matter jurisdiction so it
[15:13.160 --> 15:23.380]  makes no difference how remote in history every imprisonment based on the charge is
[15:23.380 --> 15:28.040]  false imprisonment.
[15:28.040 --> 15:33.960]  So this could cause them really serious problems.
[15:33.960 --> 15:38.080]  And I don't feel bad about causing him this problem because I've been telling them for
[15:38.080 --> 15:42.140]  30 years they've been doing it wrong.
[15:42.140 --> 15:43.560]  And nobody wanted to listen.
[15:43.560 --> 15:50.580]  So now maybe we can get them to listen, get them to start writing us checks.
[15:50.580 --> 15:59.880]  Would I give up my morals and my honor for mere money?
[15:59.880 --> 16:01.800]  Of course I would.
[16:01.800 --> 16:09.560]  Write the check, Bubba, and I'll use that money to pace this lawsuit on every website
[16:09.560 --> 16:15.440]  in the country and get everybody else doing it.
[16:15.440 --> 16:22.320]  So the way you win, you'll never win your case in the trial court and you can never
[16:22.320 --> 16:23.320]  expect to.
[16:23.320 --> 16:24.720]  They're gonna rule against you out of hand.
[16:24.720 --> 16:29.760]  And then you're gonna take them to your court of appeals and everybody's gonna rule against
[16:29.760 --> 16:30.880]  you.
[16:30.880 --> 16:34.620]  The way you win is you get them to write you a check and get them to write a whole bunch
[16:34.620 --> 16:39.480]  of other people checks, then they'll have to change their procedure.
[16:39.480 --> 16:44.920]  And they can change their procedure if they're not getting that ruling against them.
[16:44.920 --> 16:53.160]  Hang on, Randy Kelton, Brett Fountain, rules our radio, or call in number 512-646-1984.
[16:53.160 --> 17:04.000]  We'll be right back.
[17:04.000 --> 17:10.120]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway, sponsored by Central Texas
[17:10.120 --> 17:11.120]  Gunworks.
[17:11.120 --> 17:14.560]  Go to LogosRadioNetwork.com and enter to win.
[17:14.560 --> 17:16.360]  Any amount is appreciated.
[17:16.360 --> 17:18.200]  Everything helps to keep us on the air.
[17:18.200 --> 17:24.640]  From Central Texas Gunworks, the grand prize up for grabs is a Spikes Tactical AR-15.
[17:24.640 --> 17:27.200]  More prizes and sponsors to be announced.
[17:27.200 --> 17:30.400]  Every $25 donation is a chance to win.
[17:30.400 --> 17:35.960]  When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win.
[17:35.960 --> 17:39.680]  Purchase Eddie Craig's traffic seminar and get 10 chances to win.
[17:39.680 --> 17:44.240]  If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can
[17:44.240 --> 17:48.620]  keep bringing you the best quality programming on Talk Radio today.
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[17:55.360 --> 18:01.440]  Go to LogosRadioNetwork.com for details and donate today.
[18:01.440 --> 18:05.760]  Logos Radio Network welcomes a new show to our lineup for the new year.
[18:05.760 --> 18:12.000]  Scripture Talk with Nana will begin Wednesday, January 8th, from 8 to 10 p.m. Central Time.
[18:12.000 --> 18:15.080]  Our goal is in accord with Matthew 5.16.
[18:15.080 --> 18:20.100]  Let your light so shine before men that they may see your good works and glorify your Father
[18:20.100 --> 18:21.640]  which is in heaven.
[18:21.640 --> 18:26.440]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:26.440 --> 18:32.000]  Join Nana and guests for both verse-by-verse Bible studies and topical Bible studies designed
[18:32.000 --> 18:35.140]  to provoke unto love and good works.
[18:35.140 --> 18:39.520]  Our verse-by-verse Bible studies will begin in the book of Matthew where we will discuss
[18:39.520 --> 18:41.280]  one chapter per week.
[18:41.280 --> 18:46.360]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[18:46.360 --> 18:48.560]  Christian character development.
[18:48.560 --> 18:54.400]  So mark your calendar and join us live on LogosRadioNetwork.com, Wednesdays from 8 to
[18:54.400 --> 19:12.200]  10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
[19:12.200 --> 19:33.720]  Okay, we are back.
[19:33.720 --> 19:38.800]  We're in the Kelton Brett Fountain Rood Law Radio and I'll go to the callers in a minute.
[19:38.800 --> 19:43.000]  I just want to finish up this about declaratory judgment.
[19:43.000 --> 19:50.600]  Declaratory judgment is a real nice way of getting a ruling on a specific point of law.
[19:50.600 --> 20:01.160]  In this case, if the litigant lets us get a ruling and from my perspective, what I'm
[20:01.160 --> 20:08.320]  hoping is that they fight me in the trial court because I want the trial court to rule
[20:08.320 --> 20:10.720]  against me.
[20:10.720 --> 20:16.880]  If the trial court rules against me, then I get to appeal it.
[20:16.880 --> 20:23.800]  And if I get the court of appeals to rule in my favor, then it becomes a law.
[20:23.800 --> 20:27.160]  Now it applies to everybody.
[20:27.160 --> 20:32.100]  And I'm going to try to give them hints as that's what I want to do.
[20:32.100 --> 20:36.900]  I want to undermine everything you're doing.
[20:36.900 --> 20:45.120]  If I get this ruling, that means that every case you've done is illegal.
[20:45.120 --> 20:50.680]  And you run the potential of having everybody sue you, so you got to do something to keep
[20:50.680 --> 20:54.060]  from getting this ruling.
[20:54.060 --> 21:00.360]  And the thing you can do is pay me enough money that I'll agree and write the check
[21:00.360 --> 21:02.760]  and I'll go away.
[21:02.760 --> 21:04.720]  Now give the suit to somebody else.
[21:04.720 --> 21:09.760]  I'll put the shoe suit up on the internet and get everybody to file it.
[21:09.760 --> 21:17.760]  But the way to fix it is to get the legislature to write some law that doesn't really need
[21:17.760 --> 21:18.760]  one.
[21:18.760 --> 21:25.360]  But if they wrote a law and then everybody had to adjust to the new law, they wouldn't
[21:25.360 --> 21:30.140]  have everybody going back on all the cases they've already done.
[21:30.140 --> 21:35.480]  That's something we may actually be able to get done.
[21:35.480 --> 21:42.280]  If we try to get the courts to rule in our favor in a way that would bankrupt the state,
[21:42.280 --> 21:44.600]  be real hard to get that done.
[21:44.600 --> 21:47.720]  Does that make sense, Brett?
[21:47.720 --> 21:51.780]  Yeah, it makes perfect sense.
[21:51.780 --> 21:58.600]  So the only way we can really do this is we can't take them to the wall, we can't take
[21:58.600 --> 22:00.800]  them all the way.
[22:00.800 --> 22:05.860]  The only thing we can do is drain their budgets somewhat.
[22:05.860 --> 22:13.280]  So we'll have to break down and force ourselves to take a deal.
[22:13.280 --> 22:20.040]  It's hard, but it'll get easier when you put the check in the bank.
[22:20.040 --> 22:21.440]  Enough zeros will help.
[22:21.440 --> 22:31.200]  Yeah, and a nice thing about that, it's not taxable.
[22:31.200 --> 22:34.560]  You're recovering harm, so it's non-taxable.
[22:34.560 --> 22:39.960]  Okay, we're gonna go to our caller.
[22:39.960 --> 22:43.200]  First caller is Patty from Texas.
[22:43.200 --> 22:46.680]  Patty, what do you have for us today?
[22:46.680 --> 22:50.240]  Well, good evening.
[22:50.240 --> 22:55.920]  I'm just so glad I was able to get in this Thursday.
[22:55.920 --> 23:00.080]  Yeah, you were the first caller.
[23:00.080 --> 23:12.120]  Yes, and I had a meeting with the judge on a ruling.
[23:12.120 --> 23:20.200]  Well, Brett, you know more about it than I do.
[23:20.200 --> 23:24.400]  You're talking about this one that we just had?
[23:24.400 --> 23:26.040]  Yes.
[23:26.040 --> 23:27.400]  Yeah.
[23:27.400 --> 23:40.120]  And I was, what I was really surprised about was the, because I had asked the judge if
[23:40.120 --> 23:46.960]  I could make a comment, and I told him that, you know, the mortgage company, ever since
[23:46.960 --> 23:53.240]  my mom passed away, had been putting me through hoops, and, you know, about doing modifications,
[23:53.240 --> 23:59.400]  this and that and the other, and I could have sworn I heard the attorney say, well, you
[23:59.400 --> 24:03.200]  shouldn't have been able to do that anyway.
[24:03.200 --> 24:05.200]  Did you hear that, Brett?
[24:05.200 --> 24:08.440]  No, that part didn't stand out to me.
[24:08.440 --> 24:10.440]  Shouldn't have been able to do that anywhere?
[24:10.440 --> 24:17.160]  Well, it stood out to me is that the attorney started saying, well, now, you know, I can't
[24:17.160 --> 24:22.760]  give legal advice to Ms. Rawson, and then he proceeded to give a lot of legal advice,
[24:22.760 --> 24:27.280]  and he just directed it to the judge as if the judge needed the legal advice for Ms.
[24:27.280 --> 24:28.280]  Rawson.
[24:28.280 --> 24:35.640]  He went ahead and talked and talked, and that judge, they had something that was odd going
[24:35.640 --> 24:36.640]  on.
[24:36.640 --> 24:41.680]  They were busy petting each other's egos or something, but weird kind of flirting I've
[24:41.680 --> 24:44.280]  not really seen before.
[24:44.280 --> 24:57.520]  Yeah, and the judge and the attorney was trying to get me to get an attorney, and when I was
[24:57.520 --> 25:04.880]  talking to Brett the other day, you know, his wife, I could hear his wife in the background
[25:04.880 --> 25:15.080]  saying, why get an attorney when you're still winning?
[25:15.080 --> 25:20.000]  My wife has a phrase, she says, you don't change out the team players while the team
[25:20.000 --> 25:22.000]  is winning.
[25:22.000 --> 25:33.680]  Yeah, so I got real tickled, but I'm just glad the ruling, you know, he didn't change
[25:33.680 --> 25:40.940]  his mind, which I'm grateful.
[25:40.940 --> 25:45.760]  Change his mind, what did that mean?
[25:45.760 --> 25:54.360]  The purpose of the hearing was the attorney trying to get the judge to switch it to change
[25:54.360 --> 25:55.360]  his mind.
[25:55.360 --> 26:00.480]  They said it was a motion to vacate the ruling that he had given in Patty's favor.
[26:00.480 --> 26:10.240]  He gave a ruling that did not allow the expedited foreclosure to go forward.
[26:10.240 --> 26:13.480]  He threw it out and they were saying, whoa, whoa, judge, won't you change your mind?
[26:13.480 --> 26:19.080]  This is how you should have ruled, so they had a motion to vacate, which was specifically
[26:19.080 --> 26:22.760]  explicitly forbidden.
[26:22.760 --> 26:31.440]  And did Patty bring that up in pleadings, yes.
[26:31.440 --> 26:33.680]  So that, did you ask for sanctions?
[26:33.680 --> 26:47.400]  Yeah, yeah, the sanctions, it came up to $964,000 worth of sanctions and showed the math why.
[26:47.400 --> 26:51.240]  What did the judge do about the sanctions?
[26:51.240 --> 26:55.840]  Well, he just looked, he said, I'm gonna deny this motion to vacate, I'm also gonna deny
[26:55.840 --> 27:02.680]  the sanctions cuz I don't really feel like that their motion was frivolous.
[27:02.680 --> 27:05.560]  Even though it was absolutely forbidden?
[27:05.560 --> 27:07.880]  Exactly.
[27:07.880 --> 27:13.000]  Can you appeal a denial of sanctions?
[27:13.000 --> 27:14.800]  Good idea.
[27:14.800 --> 27:20.660]  Because the jury denial of sanction goes to the discretion of the court.
[27:20.660 --> 27:25.800]  Can you show that the judge abused his discretion by denying sanctions?
[27:25.800 --> 27:32.880]  That's a good point.
[27:32.880 --> 27:37.440]  Hey, that's why I get the big bucks.
[27:37.440 --> 27:40.840]  They're gonna double my salary again.
[27:40.840 --> 27:44.560]  Yes, she doubles it every week.
[27:44.560 --> 27:57.360]  Well, I'm just so glad that you two are on my side, is all I can say.
[27:57.360 --> 28:03.640]  Okay, so is there anything else, Miss Patty?
[28:03.640 --> 28:17.520]  No, I just wanted to thank Brett, and thank you, and I thank you for letting me listen.
[28:17.520 --> 28:21.600]  Okay, well know that it's not all over yet.
[28:21.600 --> 28:27.760]  They're in the process of regrouping, and that's when the fight starts.
[28:27.760 --> 28:32.100]  Okay, thank you, Patty.
[28:32.100 --> 28:39.320]  Now we're gonna go to Scott in, I don't know who's next, Chris in Colorado.
[28:39.320 --> 28:41.440]  Hello, Chris.
[28:41.440 --> 28:45.720]  What do you have for us today?
[28:45.720 --> 28:46.720]  Thanks for taking the call.
[28:46.720 --> 28:47.720]  How is everybody this week?
[28:47.720 --> 28:50.600]  You sound like you're super busy.
[28:50.600 --> 28:53.120]  Pretty busy, but doing pretty good.
[28:53.120 --> 28:58.320]  The judge had to call and complain about the lawyer.
[28:58.320 --> 29:06.320]  I called and got a hold of his clerk and told him I'm calling to file a complaint against
[29:06.320 --> 29:09.560]  Attorney Aberg.
[29:09.560 --> 29:15.600]  I wanted to complain that he is a party pooper.
[29:15.600 --> 29:23.280]  He dismissed my case right when we were getting to the good part.
[29:23.280 --> 29:25.240]  So he dismissed the case.
[29:25.240 --> 29:34.640]  I filed a rather lengthy challenge to subject matter jurisdiction, and he decided to bail.
[29:34.640 --> 29:38.800]  But that opened the door for me to move ahead with my lawsuit.
[29:38.800 --> 29:46.040]  So I've been this last week going through the lawsuit, I'm up to 90 pages, and I expect
[29:46.040 --> 29:52.240]  it to be about 100, 110 pages by the time I'm finished.
[29:52.240 --> 30:01.760]  And then we're going to rock and roll.
[30:01.760 --> 30:06.000]  Businesses ask you for a lot of personal information and you may trust them to keep it safe.
[30:06.000 --> 30:10.760]  But it turns out that even the most trusted companies may be unwittingly revealing your
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[30:15.960 --> 30:17.540]  Privacy is under attack.
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[30:51.760 --> 30:54.400]  But what happens if it escapes their control?
[30:54.400 --> 30:55.820]  It's not an idle question.
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[31:01.200 --> 31:04.000]  breached by hackers in the last year.
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[31:39.000 --> 31:43.240]  World Trade Center 7, a 47-story skyscraper was not hit by a plane.
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[31:49.080 --> 31:52.880]  and engineers have looked into the evidence and believe there is more to the story.
[31:52.880 --> 31:55.960]  Bring justice to my son, my uncle, my nephew, my son.
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[33:14.280 --> 33:39.880]  Okay, we are back, Randy Kelton and Brett Fountain, Rule of Law Radio, on this Thursday,
[33:39.880 --> 33:47.240]  the 27th day of May 2021, and we're talking to Chris in Colorado.
[33:47.240 --> 33:50.480]  Okay, Chris, where were we?
[33:50.480 --> 33:55.120]  So I was just, you were telling me some good, your plans and what you're doing or what you're
[33:55.120 --> 33:56.120]  up to.
[33:56.120 --> 33:58.280]  You know, I'm also looking forward to you guys doing the seminars.
[33:58.280 --> 34:00.080]  I think it's going to be a great addition.
[34:00.080 --> 34:01.440]  How's that going?
[34:01.440 --> 34:03.360]  Yes, I'm putting that together.
[34:03.360 --> 34:10.760]  I went on this Crow 777 show primarily to promote the seminar, but they wanted me mainly
[34:10.760 --> 34:17.160]  to talk about this complaint against the governor.
[34:17.160 --> 34:24.240]  They seemed to believe that it was the complaint that got the governor to rescind all of his
[34:24.240 --> 34:30.400]  executive orders, and immediately 20 other states did the same thing, including Rhode
[34:30.400 --> 34:38.040]  Island, the state this guy was in, and he was pretty thrilled about that.
[34:38.040 --> 34:40.560]  But I don't think that was the reason.
[34:40.560 --> 34:43.920]  And I've looked at why did the governor rescind all of those?
[34:43.920 --> 34:50.680]  Well, our governor may actually have rescinded them because he's afraid of getting indicted.
[34:50.680 --> 34:58.040]  That's very possible and likely, but those other 20 governors were different.
[34:58.040 --> 35:05.240]  And in looking at it, what I'm thinking is that when the pandemic come along, the governors
[35:05.240 --> 35:09.200]  were put in a difficult political position.
[35:09.200 --> 35:11.000]  What do you do?
[35:11.000 --> 35:14.320]  Do you do nothing?
[35:14.320 --> 35:20.000]  And if you do nothing, you'll get blamed for every death, every pandemic death.
[35:20.000 --> 35:31.440]  Do you take this action and restrict the public in their constitutional rights?
[35:31.440 --> 35:37.280]  That may go over okay for a while, but it won't be long till that'll wear on the public.
[35:37.280 --> 35:43.840]  Well, when the first governor filed the executive orders, they said, well, if he can do it,
[35:43.840 --> 35:44.880]  I can do it.
[35:44.880 --> 35:47.560]  So they all did it.
[35:47.560 --> 35:57.600]  And then we got Governor Cuomo, who forced people with COVID into old folks' home and
[35:57.600 --> 36:00.520]  wiped out a bunch of old folks' homes.
[36:00.520 --> 36:06.720]  And he's doing other really outrageous stuff, and the public's turned it against them.
[36:06.720 --> 36:16.640]  I understand that Michael McConaughey, the actor, is running for governor.
[36:16.640 --> 36:27.080]  And he's a Democrat, and the statistics show that he is likely to win.
[36:27.080 --> 36:36.600]  The public is so upset at these governors that even in a red state like Texas, the governor
[36:36.600 --> 36:41.080]  is so unpopular that he may lose to a Democrat.
[36:41.080 --> 36:47.880]  And we have had at least 20 other states that were in a similar position.
[36:47.880 --> 36:54.200]  These restrictions are beginning to wear on the public, and they're blaming the governor
[36:54.200 --> 36:55.280]  for them.
[36:55.280 --> 37:06.240]  So when Abbott removed the Texas restrictions, everybody else took that as an indication
[37:06.240 --> 37:08.720]  they could do the same thing.
[37:08.720 --> 37:10.800]  And they did it because of political pressure.
[37:10.800 --> 37:17.720]  But I suspect it's way too late.
[37:17.720 --> 37:21.200]  The public is way too upset, and they're not gonna be able to fix it.
[37:21.200 --> 37:27.840]  I suspect we're gonna have a lot of governors changed out this next election, regardless
[37:27.840 --> 37:32.480]  of what their political affiliation is.
[37:32.480 --> 37:37.200]  And for me, I take that as a very good sign.
[37:37.200 --> 37:39.120]  The public is actually standing up.
[37:39.120 --> 37:47.680]  And something else I took as a good sign, the House and Senate apparently both passed
[37:47.680 --> 37:55.840]  a constitutional carry statute in Texas, the 20th state to do so.
[37:55.840 --> 38:02.880]  Meaning you can carry weapons without a license, open carry without a license.
[38:02.880 --> 38:10.960]  And I took that as all of these states thumbing their nose at Biden.
[38:10.960 --> 38:17.840]  You do all the gun control measures you want to, but you stay out of our state.
[38:17.840 --> 38:20.200]  Yeah, go do that in DC.
[38:20.200 --> 38:24.520]  Yeah, do it in DC, do it in Puerto Rico.
[38:24.520 --> 38:32.860]  But you go into a certain county in Missouri, and they passed a county ordinance that ordered
[38:32.860 --> 38:34.320]  the sheriff.
[38:34.320 --> 38:41.960]  If a federal agent comes into the county to enforce a gun law, they're to arrest them.
[38:41.960 --> 38:52.520]  And that's what I was hoping to see is the states begin realizing and remembering that
[38:52.520 --> 38:55.880]  they are sovereign nations.
[38:55.880 --> 39:01.620]  State doesn't mean a part of a larger union.
[39:01.620 --> 39:05.120]  It means a sovereign nation.
[39:05.120 --> 39:09.480]  And most of the states seem to have forgotten that.
[39:09.480 --> 39:17.200]  And I take these gun laws as them telling the federal government that we're still sovereign
[39:17.200 --> 39:21.840]  nations and we'll control what goes on inside our borders.
[39:21.840 --> 39:25.000]  That was the reaction I was hoping for.
[39:25.000 --> 39:29.040]  That's the reaction that'll help us take this country back.
[39:29.040 --> 39:32.320]  That's my story and I'm sticking to it.
[39:32.320 --> 39:33.320]  Awesome.
[39:33.320 --> 39:39.720]  What do you have for us today, Chris?
[39:39.720 --> 39:42.000]  I got a couple quick questions.
[39:42.000 --> 39:44.200]  One, I think I'm okay.
[39:44.200 --> 39:49.720]  The judge had me amend my first complaint and he spelled out everything I needed to
[39:49.720 --> 39:53.440]  do in the order, which was great.
[39:53.440 --> 39:59.520]  Just stupid things like, I mentioned use citizen instead of residents, even though I've seen
[39:59.520 --> 40:06.200]  plenty of district court, federal courts where they use residents, the wording residents,
[40:06.200 --> 40:08.160]  but anyway, he brought up some case law and then I'm okay.
[40:08.160 --> 40:11.840]  So I changed it to make him happy.
[40:11.840 --> 40:12.840]  But if for some reason-
[40:12.840 --> 40:17.480]  Did you tell him his criticisms were well taken?
[40:17.480 --> 40:18.840]  I did.
[40:18.840 --> 40:19.840]  Good.
[40:19.840 --> 40:24.120]  I mentioned exactly what he says he needs to abide by.
[40:24.120 --> 40:28.120]  I repeated it and then I said, criticisms are well taken.
[40:28.120 --> 40:32.720]  And then I re-presented my parties, which is all he wanted for jurisdiction.
[40:32.720 --> 40:38.920]  Now my two administrative questions, essentially, if for some reason, because I got my check
[40:38.920 --> 40:44.800]  in late, it's in the mail, it's on its way, but it's not going to be there by tomorrow.
[40:44.800 --> 40:49.160]  I talked to the clerk or not the clerk, one of the clerk representatives, his main clerk
[40:49.160 --> 40:52.040]  will never actually communicate, which is one of my questions.
[40:52.040 --> 40:56.440]  But anyway, they said, you should be good, just put a note in there that it's on its
[40:56.440 --> 40:57.440]  way.
[40:57.440 --> 41:03.520]  If for some reason the judge wasn't just testing me, he was insulting me and kick in dismisses
[41:03.520 --> 41:07.800]  the case, how does that affect my statute of limitations?
[41:07.800 --> 41:17.560]  It doesn't, because if he dismisses the case, you give notice of appeal and the clock doesn't
[41:17.560 --> 41:18.560]  stop.
[41:18.560 --> 41:20.800]  The tolling doesn't start again.
[41:20.800 --> 41:21.800]  Okay.
[41:21.800 --> 41:22.800]  All right.
[41:22.800 --> 41:23.800]  Perfect.
[41:23.800 --> 41:24.800]  Yeah.
[41:24.800 --> 41:30.920]  So once you've filed, even if he dismisses with prejudice, if he dismisses without prejudice,
[41:30.920 --> 41:33.360]  then you can refile.
[41:33.360 --> 41:39.880]  Would you be out of time if he dismisses without prejudice?
[41:39.880 --> 41:45.680]  My statute of limitations was over a month ago, but before the fire, yeah.
[41:45.680 --> 41:50.920]  So if he dismisses, then you file an appeal.
[41:50.920 --> 41:51.920]  Okay.
[41:51.920 --> 41:52.920]  All right.
[41:52.920 --> 41:58.360]  I have some more claims I'm going to add, but I've got five years of statute of limitations
[41:58.360 --> 41:59.360]  on those.
[41:59.360 --> 42:02.760]  So I'm going to take my time doing my research on those.
[42:02.760 --> 42:06.640]  It was the consumer fraud though, I think was only three years.
[42:06.640 --> 42:07.640]  Okay.
[42:07.640 --> 42:13.040]  The next one is, this is my interesting question I want to share with people and hopefully
[42:13.040 --> 42:19.520]  I don't know, anyway, get some help with the judge denied my informer poppers, like I mentioned
[42:19.520 --> 42:23.480]  a couple of weeks ago, but he cited case law and I read into it.
[42:23.480 --> 42:27.020]  I read the ruling and he completely misquoted it.
[42:27.020 --> 42:30.080]  He actually inverted what it said.
[42:30.080 --> 42:34.520]  He said the opposite of what it said in order to deny my informer poppers.
[42:34.520 --> 42:42.200]  Now, I was going to challenge him this week, but I decided not to look at a motion for
[42:42.200 --> 42:45.440]  reconsideration.
[42:45.440 --> 42:54.840]  This was the judge that went and wrongly read the law, or that was opposition to your statement?
[42:54.840 --> 43:07.400]  The judge quoted a Supreme Court appeal judgment or opinion, it's called Atkins V.E.I.
[43:07.400 --> 43:13.080]  DuPont de Nemours and company from 1948.
[43:13.080 --> 43:24.920]  In that, one of the parties wanted to go through the appellate process, inform a poppers.
[43:24.920 --> 43:28.800]  One of the lower courts said, you can't do it unless you're completely broke.
[43:28.800 --> 43:35.120]  The Supreme Court said, we don't agree with that, you should have the ability to take
[43:35.120 --> 43:39.000]  care of your family to a certain level and not be completely down to your last dollar.
[43:39.000 --> 43:41.000]  That's what that order said.
[43:41.000 --> 43:42.640]  Well, the judge that I have-
[43:42.640 --> 43:43.640]  Wait, wait, wait.
[43:43.640 --> 43:44.640]  Hold on, hold on.
[43:44.640 --> 43:49.680]  I have to go to our sponsors, Randy Kelton, Brett Fountain, Roode Law Radio, our call-in
[43:49.680 --> 43:50.680]  number.
[43:50.680 --> 44:00.080]  We've got a full board, so I won't give you the call-in number, but we'll be right back.
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[45:01.200 --> 45:04.400]  Are you the plaintiff or defendant in a lawsuit?
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[46:22.400 --> 46:51.760]  Okay, we are back.
[46:51.760 --> 46:56.320]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Chris in Colorado.
[46:56.320 --> 46:59.480]  Okay, go ahead, Chris.
[46:59.480 --> 47:05.300]  So basically, I've learned over the past week or a couple of weeks that the informa pauperis
[47:05.300 --> 47:12.240]  has been reduced to court's opinions, basically, especially in district courts, to make sure
[47:12.240 --> 47:15.920]  that you are completely impoverished, which kind of defeats the purpose, because if you
[47:15.920 --> 47:20.280]  can't take care of yourself, how can you take care of litigating a case pro se?
[47:20.280 --> 47:24.440]  So I had an actual lawyer say, I don't agree with that, but I'm not the one making the
[47:24.440 --> 47:25.440]  decision.
[47:25.440 --> 47:30.000]  This was the Hibbler, the free help desk, the pro se desk.
[47:30.000 --> 47:34.120]  And then I had another lawyer with about 40 years of experience I got on my next week,
[47:34.120 --> 47:39.000]  and he says, well, that's actually, you know, the case doesn't say what the judge said,
[47:39.000 --> 47:40.840]  but if you challenge them, you may piss them off.
[47:40.840 --> 47:46.760]  So I've got two people confirming that's not what that statute actually says, but a judge
[47:46.760 --> 47:48.800]  completely misquoted it.
[47:48.800 --> 47:55.440]  So this is why I'm puzzled, I'm calling, is like, I don't wanna use it yet, but is that
[47:55.440 --> 48:01.480]  a big deal when a judge concludes?
[48:01.480 --> 48:10.560]  Because the lawyer has to be afraid of pissing off the judge, you don't.
[48:10.560 --> 48:17.240]  And if the judge is clearly misquoting law, he may not realize he is, he may have gotten
[48:17.240 --> 48:21.600]  that from another lawyer's pleadings.
[48:21.600 --> 48:28.560]  And if you give him a heads up, he may be glad that he doesn't do that in front of someone
[48:28.560 --> 48:31.880]  else that'll make him look stupid.
[48:31.880 --> 48:39.360]  But from my perspective, you don't give a darn if the judge is mad at you or not, you're
[48:39.360 --> 48:43.760]  not there to win your case in the trial court.
[48:43.760 --> 48:50.320]  If you don't challenge this, you don't preserve it for appeal.
[48:50.320 --> 48:56.680]  I would suggest file a motion for reconsideration and note why.
[48:56.680 --> 49:04.640]  He gave you advice and you indicated that his advice is well taken, he owes you the
[49:04.640 --> 49:05.640]  same courtesy.
[49:05.640 --> 49:15.640]  But at the end of the day, you don't care if he's mad at you or not.
[49:15.640 --> 49:16.640]  Where you win that-
[49:16.640 --> 49:26.400]  What he means when Randy says preserve for appeal, preserving error, just it means making
[49:26.400 --> 49:34.160]  an objection or raise an exception to something that was done that by the very fact that you
[49:34.160 --> 49:39.120]  throw a flag on the field, that means that the appellate court may review it.
[49:39.120 --> 49:41.400]  If you don't say anything, you just let it go.
[49:41.400 --> 49:45.940]  The appellate court cannot take a look at that and try to decide whether there was judicial
[49:45.940 --> 49:48.960]  error or not, they can't deal with that.
[49:48.960 --> 49:55.240]  They can only deal with what you preserved, the error that you preserved by throwing a
[49:55.240 --> 49:56.400]  flag on the field.
[49:56.400 --> 49:59.280]  Yeah, I was just gonna say that.
[49:59.280 --> 50:07.000]  Yeah, and you do a motion for reconsideration.
[50:07.000 --> 50:17.200]  And what I would suggest, if he denies it, then you do a petition for rid of mandamus.
[50:17.200 --> 50:23.440]  Because this will cripple your ability to adjudicate your case, so it's ripe for mandamus.
[50:23.440 --> 50:32.120]  And whether the judge is PO'd at you or not, if he knows you're gonna take him up the chain,
[50:32.120 --> 50:43.280]  that you realize you're not there dangling by your bar card, he's likely to be more careful.
[50:43.280 --> 50:47.680]  Lawyers have to worry about judges being upset at them, you don't.
[50:47.680 --> 50:54.520]  I'm filing this lawsuit, and I'm hoping that the trial court rules against me.
[50:54.520 --> 50:59.480]  If we get to that point, I want the judge to rule against me.
[50:59.480 --> 51:06.100]  Because if he doesn't rule against me, then my case just becomes a case.
[51:06.100 --> 51:11.400]  If he rules against me and I get it into the Court of Appeals, and they rule in my favor,
[51:11.400 --> 51:15.720]  my case becomes law.
[51:15.720 --> 51:20.920]  So judge, you're upset, deal with it.
[51:20.920 --> 51:26.400]  I'm not here dangling by my bar card, you can be as upset as you want to.
[51:26.400 --> 51:31.120]  You can rule against me out of hand at every turn, I really don't care.
[51:31.120 --> 51:34.980]  I'm just setting the record for appeal.
[51:34.980 --> 51:40.000]  And anytime you get a ruling that you don't like, if you don't challenge it, you do not
[51:40.000 --> 51:42.800]  preserve it for appeal.
[51:42.800 --> 51:50.800]  Okay, so this is about an informa pauperis, I'm okay to pay, I've already paid, I'm making
[51:50.800 --> 51:53.600]  a little money now, a little better money now, so I can probably swing in.
[51:53.600 --> 51:58.040]  Okay, in that case, let it be.
[51:58.040 --> 52:03.680]  If you've already paid, informa pauperis now becomes moot.
[52:03.680 --> 52:10.560]  Right, but I have a judge misquoting case law, and that's why I was wondering, can I,
[52:10.560 --> 52:14.520]  he basically said I can't, but later on, if I do an appeal, can I bring that up?
[52:14.520 --> 52:16.520]  It sounds like I can't.
[52:16.520 --> 52:20.400]  No, no, you can't.
[52:20.400 --> 52:26.880]  Once you paid for it, that issue's no longer in front of the court.
[52:26.880 --> 52:33.120]  Okay, all right, well-
[52:33.120 --> 52:40.680]  Randy, do you suppose he could still bring it up later as not an appeal issue, but as
[52:40.680 --> 52:43.480]  a criminal complaint?
[52:43.480 --> 52:48.840]  You could bring it up, no, as a petition for declaratory judgment.
[52:48.840 --> 52:59.160]  Okay, I'm not following how that would work.
[52:59.160 --> 53:02.560]  You're not sophisticated enough for that.
[53:02.560 --> 53:07.680]  And that's a side issue that will distract you from what you're actually doing.
[53:07.680 --> 53:12.360]  As you go through these cases, you'll find more things than you can complain about than
[53:12.360 --> 53:15.480]  you could ever get to.
[53:15.480 --> 53:19.960]  So one of the hard things is staying on focus.
[53:19.960 --> 53:26.560]  When I get a new person that wants me to help them, I always ask for a timeline first.
[53:26.560 --> 53:32.180]  And the reason I ask for a timeline is you get into these fights, and they do this kind
[53:32.180 --> 53:34.280]  of stuff to you.
[53:34.280 --> 53:37.440]  And then they do something else, and something else, and something else, and you've got all
[53:37.440 --> 53:41.040]  this stuff that just pissed you off.
[53:41.040 --> 53:47.520]  You need a third party to look at it and say, yeah, that was wrong, but what do you want
[53:47.520 --> 53:51.020]  to achieve at the end of the day?
[53:51.020 --> 53:59.320]  Do you wanna pay them back for being mean to you, or do you wanna reach a specific outcome?
[53:59.320 --> 54:07.040]  You gotta let some things go if fighting them won't lead you to your intended outcome.
[54:07.040 --> 54:11.520]  Counsel on the other side would like nothing better than for you to jump down a legal rabbit
[54:11.520 --> 54:17.800]  hole, and he'll help you out with it.
[54:17.800 --> 54:23.160]  He'll argue against it and just rail in righteous indignation just to keep you arguing something
[54:23.160 --> 54:28.520]  that doesn't matter.
[54:28.520 --> 54:31.400]  That's my story, and I'm sticking to it.
[54:31.400 --> 54:32.400]  Okay.
[54:32.400 --> 54:41.240]  My goal is very clear, but I also wanted to, I feel like at some point I'm gonna have to
[54:41.240 --> 54:42.240]  find a new judge.
[54:42.240 --> 54:46.440]  I just, I've read too much about this guy not being able to quote case law.
[54:46.440 --> 54:50.720]  A lot of people are upset with him online, not a lot, but the few people that I've found,
[54:50.720 --> 54:54.400]  that's enough for me to go, okay, well, I'm not the only one complaining about a judge
[54:54.400 --> 54:56.440]  who can't even quote case law properly.
[54:56.440 --> 55:03.680]  So at some point, if things go strange, I'd like probably to request a new judge, and
[55:03.680 --> 55:07.920]  that's why I was hoping to have some ammunition against him, and I was curious how this might
[55:07.920 --> 55:10.280]  lead to that.
[55:10.280 --> 55:14.440]  Now that's a good reason to go after that.
[55:14.440 --> 55:19.760]  I mean, the thing I have with people who, you haven't been in the fight a long time,
[55:19.760 --> 55:24.520]  so you don't have this problem yet, but it will come.
[55:24.520 --> 55:29.960]  You'll feel betrayed and mistreated by the court.
[55:29.960 --> 55:40.680]  And it starts out with great disappointment, but it morphs into anger, and you wind up
[55:40.680 --> 55:43.960]  doing things because you're angry.
[55:43.960 --> 55:44.960]  Always have a good reason.
[55:44.960 --> 55:46.720]  If you got a good reason, by all means, go ahead.
[55:46.720 --> 55:51.120]  If you got a judge that has a problem with quoting case law, you might wanna sting him
[55:51.120 --> 55:55.640]  for it, get him to pay more attention.
[55:55.640 --> 55:57.560]  Lawyers won't do that.
[55:57.560 --> 56:04.320]  They don't want the judge upset at him because lawyers' clients don't understand, for the
[56:04.320 --> 56:09.440]  most part, that you can only expect to win your case on appeal.
[56:09.440 --> 56:14.160]  The lawyers wanna win it in the trial court so that their client's happy and doesn't have
[56:14.160 --> 56:18.120]  to pay for an appeal and get upset at him.
[56:18.120 --> 56:21.860]  You don't care about that.
[56:21.860 --> 56:26.200]  So you have to make that determination.
[56:26.200 --> 56:32.160]  If you want to sting him for not, or let him know that if you misquote case law, I'm gonna
[56:32.160 --> 56:34.400]  take it to you.
[56:34.400 --> 56:41.520]  If you decide to file an objection, then make sure you file a judicial conduct complaint
[56:41.520 --> 56:43.480]  against him.
[56:43.480 --> 56:56.360]  For failing to properly apply the law to the facts, Packer v. Walker, is that right, Brett?
[56:56.360 --> 56:57.920]  I keep getting those backwards.
[56:57.920 --> 57:00.520]  You got Walker v. Packer?
[57:00.520 --> 57:03.800]  Walker v. Packer, I keep doing that backwards.
[57:03.800 --> 57:06.680]  Walker v. Packer, that's a Texas case.
[57:06.680 --> 57:09.560]  No matter which way you say it, I'll just flip it around the other way.
[57:09.560 --> 57:17.720]  You don't care about purpose.
[57:17.720 --> 57:25.000]  I get no respect, but it says a judge has no discretion in properly applying the law
[57:25.000 --> 57:26.600]  to the facts.
[57:26.600 --> 57:34.800]  If you can't find an Illinois case that reflects it, then do a search on the Internet.
[57:34.800 --> 57:39.680]  I mean, bring it in under good faith and credit.
[57:39.680 --> 57:48.160]  See, this is what the Texas case has said about the duty of a judge, and let them argue
[57:48.160 --> 57:51.120]  that it's not the case.
[57:51.120 --> 57:54.720]  So put the judge on notice that you're gonna hammer him.
[57:54.720 --> 58:00.920]  You're not one of these lawyers that have to worry about him screwing your next client,
[58:00.920 --> 58:04.000]  that you'll hammer him good if he doesn't do it right.
[58:04.000 --> 58:09.640]  The other lawyers may appreciate you, but you also may get him to be more careful.
[58:09.640 --> 58:10.640]  Okay.
[58:10.640 --> 58:11.640]  All right.
[58:11.640 --> 58:12.640]  Okay.
[58:12.640 --> 58:15.040]  Do you have anything else for us?
[58:15.040 --> 58:16.040]  No, nothing.
[58:16.040 --> 58:17.040]  Thanks, Randy.
[58:17.040 --> 58:18.040]  Thanks, Brett.
[58:18.040 --> 58:19.040]  Okay.
[58:19.040 --> 58:22.120]  Thank you very much, Chris, and don't be a stranger.
[58:22.120 --> 58:25.840]  When we come back, we're going to Tina in California.
[58:25.840 --> 58:26.840]  Hang on.
[58:26.840 --> 58:29.740]  We're going to the top of the hour.
[58:29.740 --> 58:32.600]  This is Randy Kelton, Brett Fountain.
[58:32.600 --> 58:40.120]  We're going to have one slot open, so our call-in number, 512-646-1984.
[58:40.120 --> 58:45.480]  Oh, Brett, give us 10 seconds.
[58:45.480 --> 58:46.880]  10 seconds.
[58:46.880 --> 58:50.280]  On the other side.
[58:50.280 --> 58:55.720]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.720 --> 58:58.520]  because they struggle to understand it.
[58:58.520 --> 59:03.900]  Some new translations try to help by simplifying the text, but in the process can compromise
[59:03.900 --> 59:07.160]  the profound meaning of the scripture.
[59:07.160 --> 59:09.000]  Enter the recovery version.
[59:09.000 --> 59:14.840]  First, this new translation is extremely faithful and accurate, but the real story is the more
[59:14.840 --> 59:18.600]  than 9,000 explanatory footnotes.
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[59:23.580 --> 59:28.040]  into the riches of the word beyond which you've ever experienced before.
[59:28.040 --> 59:33.440]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.440 --> 59:43.880]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:43.880 --> 59:47.960]  or by ordering online at freestudybible.com.
[59:47.960 --> 59:48.960]  That's freestudybible.com.
[59:48.960 --> 01:00:00.720]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.720 --> 01:00:06.800]  The following news flash is brought to you by the Lone Star Lowdown.
[01:00:06.800 --> 01:00:12.160]  Markets for Monday, the 22nd of July, 2019, open with precious metals, gold at $1,429
[01:00:12.160 --> 01:00:20.080]  an ounce, silver, $16.45 an ounce, copper, $2.75 an ounce, oil, Texas crude, $55.63 a
[01:00:20.080 --> 01:00:25.960]  barrel, Brent crude, $62.47 a barrel, and crypto is an order of market cap, bitcoin
[01:00:25.960 --> 01:00:37.920]  core $10,566.52, ethereum $227.26, xrp ripple $0.33, litecoin $100.31, and bitcoin cash
[01:00:37.920 --> 01:00:43.080]  is at $324.10 a crypto coin.
[01:00:43.080 --> 01:00:52.400]  Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb, was detonated
[01:00:52.400 --> 01:00:57.720]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[01:00:57.720 --> 01:01:04.720]  10 and injuring 40, today in history.
[01:01:04.720 --> 01:01:09.400]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hepat to
[01:01:09.400 --> 01:01:14.000]  tax his law back in June, county prosecutors around the state, including in Houston, Austin,
[01:01:14.000 --> 01:01:18.000]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:01:18.000 --> 01:01:22.680]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.680 --> 01:01:24.720]  to test the herb for THC.
[01:01:24.720 --> 01:01:28.400]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:01:28.400 --> 01:01:33.320]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:33.320 --> 01:01:34.320]  law.
[01:01:34.320 --> 01:01:37.760]  She and other state officials, including the Attorney General, stipulated in a letter to
[01:01:37.760 --> 01:01:42.040]  county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.040 --> 01:01:48.200]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:48.200 --> 01:01:54.360]  As well as other cities, too, like the District Attorney in El Paso, Jaime Esparza, a Democrat
[01:01:54.360 --> 01:01:58.920]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:58.920 --> 01:02:01.640]  prosecution of marijuana cases in El Paso.
[01:02:01.640 --> 01:02:06.720]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.720 --> 01:02:10.760]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.760 --> 01:02:13.440]  something illegal based on its chemical makeup.
[01:02:13.440 --> 01:02:17.320]  It's important that if someone is charged with something, the test matches what they're
[01:02:17.320 --> 01:02:22.560]  charged with.
[01:02:22.560 --> 01:02:27.200]  A paper by Tulane University identified a five and a half inch American pocket shark
[01:02:27.200 --> 01:02:32.320]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:32.320 --> 01:02:37.680]  shark ever captured or recorded, with the other one being found way back in 1979 in
[01:02:37.680 --> 01:02:39.240]  the East Pacific Ocean.
[01:02:39.240 --> 01:02:43.760]  According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.760 --> 01:02:45.580]  its front fins.
[01:02:45.580 --> 01:02:50.640]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:50.640 --> 01:02:57.640]  This is Brooke Rode with your lowdown for July 22nd, 2019.
[01:03:50.640 --> 01:03:58.680]  OK, we are back.
[01:03:58.680 --> 01:04:05.360]  Randy Kelton, Brett Fountain, Roodala Radio, and we're going to Tina in California.
[01:04:05.360 --> 01:04:06.960]  Hello, Tina.
[01:04:06.960 --> 01:04:08.960]  What do you have for us today?
[01:04:08.960 --> 01:04:14.900]  Well, I want to discuss a couple of things with this anti-slap motion that I'm trying
[01:04:14.900 --> 01:04:19.960]  to respond to.
[01:04:19.960 --> 01:04:25.320]  It's supposed to be heard within 30 days unless the court has scheduling issues, and they
[01:04:25.320 --> 01:04:30.080]  haven't scheduled it until September, and that's late September.
[01:04:30.080 --> 01:04:39.740]  So in terms of discovery, it stops everything unless the court, by special motion, agrees
[01:04:39.740 --> 01:04:41.720]  to allow limited discovery.
[01:04:41.720 --> 01:04:45.480]  But I can't get a hearing on that until October.
[01:04:45.480 --> 01:04:52.000]  I've asked them to, you know, how I'm supposed to present this before the hearing if they
[01:04:52.000 --> 01:04:58.400]  can't give me a motion hearing until October, and they were supposed to get back to me yesterday
[01:04:58.400 --> 01:05:05.000]  after speaking with the supervisor, but they have not, so I'm going to call again tomorrow.
[01:05:05.000 --> 01:05:10.920]  Because to me, it's like, how can I get limited discovery if they're going to hear this before
[01:05:10.920 --> 01:05:14.000]  they hear my motion to request limited discovery?
[01:05:14.000 --> 01:05:18.080]  And I couldn't request that until they filed their motion.
[01:05:18.080 --> 01:05:23.240]  So any thoughts on that part of it?
[01:05:23.240 --> 01:05:25.440]  September is a long way out.
[01:05:25.440 --> 01:05:26.440]  Yeah.
[01:05:26.440 --> 01:05:37.600]  When they're required to hear it within 30 days, they're using COVID to just ignore everything.
[01:05:37.600 --> 01:05:43.640]  This is all about delay, but it does give you plenty of time to research out your issue.
[01:05:43.640 --> 01:05:44.640]  It does.
[01:05:44.640 --> 01:05:50.480]  But I would like this limited discovery, which will help me with the hearing that they've
[01:05:50.480 --> 01:05:51.640]  reported.
[01:05:51.640 --> 01:05:54.400]  So how can I approach getting that?
[01:05:54.400 --> 01:05:56.480]  Wait, what hearing?
[01:05:56.480 --> 01:06:06.880]  Well, you have to file a motion to ask the court to grant limited discovery, you know,
[01:06:06.880 --> 01:06:08.720]  while they're going through the anti-slap.
[01:06:08.720 --> 01:06:14.600]  Well, what's the purpose of the limited discovery?
[01:06:14.600 --> 01:06:16.240]  Is it relevant to the anti-slap?
[01:06:16.240 --> 01:06:17.240]  Yes.
[01:06:17.240 --> 01:06:22.680]  Well, it is because it proves that they, it should prove that they don't have standing
[01:06:22.680 --> 01:06:29.200]  and that I, because I've got to prove that I have a prima facie case to bring this case
[01:06:29.200 --> 01:06:30.200]  to court.
[01:06:30.200 --> 01:06:31.200]  Oh, okay.
[01:06:31.200 --> 01:06:32.200]  Okay.
[01:06:32.200 --> 01:06:39.000]  And that makes sense, then you have to have discovery to prove up your prima facie.
[01:06:39.000 --> 01:06:42.960]  And this is information that only they have.
[01:06:42.960 --> 01:06:45.240]  Yes.
[01:06:45.240 --> 01:06:48.240]  And they've never given it up before and they don't want to.
[01:06:48.240 --> 01:06:51.120]  So I think that's why they filed this anti-slap.
[01:06:51.120 --> 01:06:52.360]  There's two reasons.
[01:06:52.360 --> 01:07:02.040]  They don't want to give up discovery and they want to treat it as a meritless case because
[01:07:02.040 --> 01:07:06.520]  everything, you know, as they say is all barbera shitacada.
[01:07:06.520 --> 01:07:12.000]  And I'm wondering too, that's one issue that I have trying to figure out.
[01:07:12.000 --> 01:07:19.520]  The other thing is do you think, I'm filing a response to everything, but I'm filing a
[01:07:19.520 --> 01:07:24.120]  separate response to the anti-slap strike motion.
[01:07:24.120 --> 01:07:32.160]  And I'm thinking of putting in a judicial notice of Black's Law Dictionary definition
[01:07:32.160 --> 01:07:43.560]  of fraud, evidence code 623, which, you know, because Black's Law says the statement or
[01:07:43.560 --> 01:07:48.200]  claim or document is fraudulent if it was falsely made or caused to be made with the
[01:07:48.200 --> 01:07:50.840]  intent to deceive.
[01:07:50.840 --> 01:07:57.560]  And it goes in further, and I thought they've already admitted that they have no intention
[01:07:57.560 --> 01:07:59.880]  of sending me these.
[01:07:59.880 --> 01:08:01.880]  That part's been established.
[01:08:01.880 --> 01:08:04.840]  That part's been established.
[01:08:04.840 --> 01:08:07.800]  So that's collateral estoppel.
[01:08:07.800 --> 01:08:13.760]  And that's why- Then you have enough.
[01:08:13.760 --> 01:08:24.040]  What else can you get by discovery that would be helpful in showing that you have a case?
[01:08:24.040 --> 01:08:30.600]  The evidence that they never had the note and that they were not the actual investor
[01:08:30.600 --> 01:08:35.960]  that there is, and I've been learning that new case in Texas.
[01:08:35.960 --> 01:08:43.760]  You're moving into, you're moving away from your declaratory judgment suit.
[01:08:43.760 --> 01:08:46.520]  Well, this isn't declaratory judgment.
[01:08:46.520 --> 01:08:50.680]  This is the fraud case on the attorney.
[01:08:50.680 --> 01:08:51.680]  Okay.
[01:08:51.680 --> 01:08:52.680]  Oh, okay.
[01:08:52.680 --> 01:08:53.680]  Okay.
[01:08:53.680 --> 01:09:01.480]  So then, yeah, the fact that they never had it in the first place is definitely relevant.
[01:09:01.480 --> 01:09:02.480]  Yeah.
[01:09:02.480 --> 01:09:06.240]  So they say I didn't have standing, that they're saying that the lower court and the appeals
[01:09:06.240 --> 01:09:10.080]  court say I never had standing to get the note.
[01:09:10.080 --> 01:09:17.760]  So therefore, they say suing the attorney for telling me he would send it, I never had
[01:09:17.760 --> 01:09:24.280]  standing so that he could never have made those false statements because I didn't have
[01:09:24.280 --> 01:09:25.680]  standing to ask for it.
[01:09:25.680 --> 01:09:27.440]  Well, that's irrelevant to me.
[01:09:27.440 --> 01:09:30.460]  He made the statement knowing I would rely on them.
[01:09:30.460 --> 01:09:33.880]  And if he didn't, it was ignorant of the law, that's no excuse.
[01:09:33.880 --> 01:09:36.360]  He told me I could have them.
[01:09:36.360 --> 01:09:41.360]  And so it's irrelevant, whatever court said I didn't have standing, we're going on the
[01:09:41.360 --> 01:09:44.240]  fact that he made the statement.
[01:09:44.240 --> 01:09:49.840]  If they're saying you didn't have standing, then that goes to subject matter jurisdiction
[01:09:49.840 --> 01:09:52.160]  of the court.
[01:09:52.160 --> 01:09:56.080]  And if the court never had subject matter jurisdiction, nothing that happened in the
[01:09:56.080 --> 01:09:59.120]  case is relevant.
[01:09:59.120 --> 01:10:11.080]  Something, I don't know, Brett, does the fraud stand out separate from subject matter jurisdiction?
[01:10:11.080 --> 01:10:15.240]  Well, fraud vitiates all.
[01:10:15.240 --> 01:10:21.040]  If I commit a crime, even though the other side didn't have jurisdiction to bring me
[01:10:21.040 --> 01:10:28.000]  into the court where I committed that crime, is that crime forgiven?
[01:10:28.000 --> 01:10:44.560]  I would think that each one is separate, they've individually, their own merits.
[01:10:44.560 --> 01:10:51.360]  I would suggest you look at, that's what she's claiming, that he committed fraud.
[01:10:51.360 --> 01:10:54.200]  That he openly and deliberately lied.
[01:10:54.200 --> 01:10:58.760]  But they're trying to spin it so that, well, you never had a right to it anyway, therefore
[01:10:58.760 --> 01:11:00.320]  it wasn't a lie.
[01:11:00.320 --> 01:11:10.200]  That's why I'm bringing the question, if you commit criminal fraud in a case where opposing
[01:11:10.200 --> 01:11:15.720]  party didn't have subject matter jurisdiction, where the court didn't have jurisdiction,
[01:11:15.720 --> 01:11:22.000]  does the fact that the court doesn't have jurisdiction mitigate the fraud?
[01:11:22.000 --> 01:11:24.880]  I can't see how it would.
[01:11:24.880 --> 01:11:28.180]  I don't either.
[01:11:28.180 --> 01:11:37.640]  Just means that they shouldn't have brought it to the court or it doesn't mean that the
[01:11:37.640 --> 01:11:39.200]  crime didn't happen.
[01:11:39.200 --> 01:11:48.040]  Right, and the crime has the effect of a tort on its own without regard to any other case
[01:11:48.040 --> 01:11:49.600]  or any other jurisdiction.
[01:11:49.600 --> 01:11:52.720]  What do you think, Tina?
[01:11:52.720 --> 01:11:57.760]  Well, I've been thinking along those lines because I've been looking at this anti-SLAPP
[01:11:57.760 --> 01:12:03.160]  and it all goes to if it's a public issue and this wasn't, it's a private issue.
[01:12:03.160 --> 01:12:07.720]  And- Okay, I've just recently looked at some case
[01:12:07.720 --> 01:12:15.400]  law on that, on public and private.
[01:12:15.400 --> 01:12:25.840]  And one of the references it made was that an issue is not public simply because it garners
[01:12:25.840 --> 01:12:33.500]  public interest and they reference the Firestone divorce.
[01:12:33.500 --> 01:12:40.880]  Because it was Firestone, he was real well known, everybody was interested in his divorce
[01:12:40.880 --> 01:12:41.880]  case.
[01:12:41.880 --> 01:12:56.120]  And he just went to libel, and they were trying to sue someone for libel because the argument
[01:12:56.120 --> 01:12:59.240]  was that it was a public issue.
[01:12:59.240 --> 01:13:06.480]  And the court said it's not a public issue just because the public's interested in it.
[01:13:06.480 --> 01:13:13.720]  It has to be a public figure, but look that issue up, I don't remember.
[01:13:13.720 --> 01:13:18.440]  It wasn't what I was looking for, so I just read through it in passing.
[01:13:18.440 --> 01:13:21.600]  But look up public and private issue.
[01:13:21.600 --> 01:13:24.280]  Your issue is absolutely private.
[01:13:24.280 --> 01:13:30.720]  Yeah, and it doesn't affect his First Amendment right to free speech, and that's the other
[01:13:30.720 --> 01:13:32.240]  thing that this goes to.
[01:13:32.240 --> 01:13:43.280]  But where it's a little cloudy is it says under prosecution and stuff it talks about,
[01:13:43.280 --> 01:13:48.000]  and they're saying that it includes qualifying as committed by attorneys in representing
[01:13:48.000 --> 01:13:49.480]  clients in litigation.
[01:13:49.480 --> 01:13:52.000]  Okay, now look at that in context.
[01:13:52.000 --> 01:13:59.360]  What they're saying is you can't sue the lawyer for it or the lawyer, I'm sorry, the lawyer
[01:13:59.360 --> 01:14:04.760]  can't be sanctioned for it because he has this privilege.
[01:14:04.760 --> 01:14:13.680]  But the privilege does not indemnify him from the consequences of a criminal act.
[01:14:13.680 --> 01:14:18.840]  If you can show that what he did is commit common law fraud, then that's what this goes
[01:14:18.840 --> 01:14:19.840]  to.
[01:14:19.840 --> 01:14:21.940]  That's what I'm trying to, yeah.
[01:14:21.940 --> 01:14:27.160]  So you charge him criminally with common law fraud and then sue him for the tort of common
[01:14:27.160 --> 01:14:29.720]  law fraud.
[01:14:29.720 --> 01:14:32.840]  Tort of common law fraud, okay.
[01:14:32.840 --> 01:14:37.480]  Okay, they're also bringing up here a case which I haven't fully read yet.
[01:14:37.480 --> 01:14:42.480]  Wait, wait, wait, I'm sorry, I misspoke, I said tort.
[01:14:42.480 --> 01:14:49.640]  This is actually a contractual issue where there wasn't a signed contract.
[01:14:49.640 --> 01:14:56.440]  He made a statement, an agreement to do something, and you agreed to do something based on that
[01:14:56.440 --> 01:14:58.760]  statement that creates a contract.
[01:14:58.760 --> 01:15:03.080]  So it's a cause of action for common law fraud.
[01:15:03.080 --> 01:15:08.760]  But common law fraud is also a crime criminal acts of charging criminally and maintained
[01:15:08.760 --> 01:15:13.640]  at the court that this is separate from the litigation.
[01:15:13.640 --> 01:15:20.440]  This is a criminal act commuted against you in violation of a verbal contract.
[01:15:20.440 --> 01:15:24.280]  Okay, I can-
[01:15:24.280 --> 01:15:29.360]  You came into court based on a mortgage contract.
[01:15:29.360 --> 01:15:36.000]  But in the process of the court proceeding, you entered into a private contract with the
[01:15:36.000 --> 01:15:44.840]  lawyer where he made an agreement to do a certain thing if you would do something else.
[01:15:44.840 --> 01:15:49.760]  You held up your end of that private contract, he did not.
[01:15:49.760 --> 01:15:55.840]  So this is a separate, you can claim this is a separate contract or a separate issue.
[01:15:55.840 --> 01:16:04.660]  Okay, what do I say where they brought up one case where it says a letter written by
[01:16:04.660 --> 01:16:09.640]  an attorney to the attorney general on behalf of his clients requesting a formal investigation
[01:16:09.640 --> 01:16:13.600]  of the opposing party and conveying the findings of his own investigation.
[01:16:13.600 --> 01:16:18.240]  The court found that plaintiff's cause of action for unfair competition arose directly
[01:16:18.240 --> 01:16:24.120]  from defendant's attorney's acts or statements or alleged acts or statements made in connection
[01:16:24.120 --> 01:16:29.520]  with environmental litigation he was bringing on behalf of his clients and other organizations.
[01:16:29.520 --> 01:16:34.760]  Because statements made in connection with or in preparation of litigation are subject
[01:16:34.760 --> 01:16:38.760]  to section 425-16 of the flat.
[01:16:38.760 --> 01:16:43.080]  This doesn't fall under that.
[01:16:43.080 --> 01:16:44.080]  This was-
[01:16:44.080 --> 01:16:45.080]  This was clearly a contract.
[01:16:45.080 --> 01:16:46.080]  Yeah.
[01:16:46.080 --> 01:16:52.240]  So hang on, about to go to our sponsors Randy Kelk and Brett Fountain, we move a lot of
[01:16:52.240 --> 01:16:53.240]  radio.
[01:16:53.240 --> 01:16:55.680]  Now I'm going to give out the call-in number, we've got a full board.
[01:16:55.680 --> 01:17:00.600]  Hang on, we'll be right back.
[01:17:00.600 --> 01:17:05.240]  Logos Radio Network welcomes a new show to our lineup for the new year.
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[01:19:31.920 --> 01:19:38.600]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and Tina, this is turning
[01:19:38.600 --> 01:19:40.700]  into a longer discussion.
[01:19:40.700 --> 01:19:43.640]  We have three segments and three callers.
[01:19:43.640 --> 01:19:45.280]  Can you call in tomorrow night?
[01:19:45.280 --> 01:19:48.440]  Because I would like to examine this a little bit more.
[01:19:48.440 --> 01:19:53.960]  Okay, yeah, if we can get me in the first hour because we have guests coming, so I would
[01:19:53.960 --> 01:19:56.920]  love to call in tomorrow night and give some others some time tonight.
[01:19:56.920 --> 01:19:57.920]  That would be great.
[01:19:57.920 --> 01:20:00.240]  Okay, I'll take you first tomorrow night.
[01:20:00.240 --> 01:20:01.240]  Okay, then.
[01:20:01.240 --> 01:20:02.240]  Thank you.
[01:20:02.240 --> 01:20:03.240]  Talk to you later.
[01:20:03.240 --> 01:20:04.240]  Okay, thank you, Tina.
[01:20:04.240 --> 01:20:07.080]  Now we're going to Scott in Michigan.
[01:20:07.080 --> 01:20:08.080]  Hello, Scott.
[01:20:08.080 --> 01:20:09.080]  Hello.
[01:20:09.080 --> 01:20:11.080]  Sounds like it's cut to the chase time.
[01:20:11.080 --> 01:20:14.080]  Get to the meat and potatoes, all right?
[01:20:14.080 --> 01:20:15.080]  Yes.
[01:20:15.080 --> 01:20:16.080]  All right.
[01:20:16.080 --> 01:20:19.000]  The argument we came up with last week fell apart rather quickly.
[01:20:19.000 --> 01:20:24.880]  There's a case called People v. Harris where they say, you know, that this idea of preliminary
[01:20:24.880 --> 01:20:29.360]  examination in all criminal causes, the Chief Justice says right away that this contention
[01:20:29.360 --> 01:20:30.800]  is not sustainable.
[01:20:30.800 --> 01:20:37.400]  So it looks like it's going to be more of an overarching due process argument, which
[01:20:37.400 --> 01:20:40.980]  gets at the idea of taking the arrested before a magistrate.
[01:20:40.980 --> 01:20:44.600]  I wonder how much that would overlap with your lawsuit.
[01:20:44.600 --> 01:20:54.280]  Oh, my lawsuit is strictly written in, well, no, it's not strictly written in state law.
[01:20:54.280 --> 01:20:57.440]  It's written in using federal law.
[01:20:57.440 --> 01:21:00.800]  Look up Gerstein-Pugh.
[01:21:00.800 --> 01:21:07.560]  Gerstein-Pugh kind of, it sets the standards for all the states.
[01:21:07.560 --> 01:21:12.400]  G-E-R-S-T-E-I-N and Pugh is P-U-G-H.
[01:21:12.400 --> 01:21:16.000]  No, I, yeah, thank you, Brett.
[01:21:16.000 --> 01:21:21.960]  I've looked at it and it, I don't know what I was going to say about it.
[01:21:21.960 --> 01:21:23.320]  It didn't say what I thought it would say.
[01:21:23.320 --> 01:21:31.080]  It really was specific to the question of, oh, I lost it already.
[01:21:31.080 --> 01:21:36.320]  It's probable cause, everything, it strictly goes to probable cause.
[01:21:36.320 --> 01:21:37.320]  Okay.
[01:21:37.320 --> 01:21:43.880]  Can you tell me where in the law there's a, the due process stipulation is?
[01:21:43.880 --> 01:21:50.480]  So the fourth amendment, okay.
[01:21:50.480 --> 01:21:58.440]  But I have a citation that says five U.S. code section 556D says that they deny your
[01:21:58.440 --> 01:22:01.800]  due process to the law, all jurisdiction ceases automatically.
[01:22:01.800 --> 01:22:02.800]  Okay.
[01:22:02.800 --> 01:22:08.600]  That's a federal statute five.
[01:22:08.600 --> 01:22:11.320]  What is five U.S. code?
[01:22:11.320 --> 01:22:16.960]  Only, I don't think the citation is right because that isn't precisely what that section
[01:22:16.960 --> 01:22:17.960]  says.
[01:22:17.960 --> 01:22:25.520]  Okay, because I'm thinking five U.S. code, I don't even know what the, I've seen it before.
[01:22:25.520 --> 01:22:27.640]  I don't remember what it's about.
[01:22:27.640 --> 01:22:33.080]  It says, the title of it says hearings, presiding employees, powers and duties, burden of proof,
[01:22:33.080 --> 01:22:35.760]  evidence, record as basis of decision.
[01:22:35.760 --> 01:22:37.320]  Oh, okay.
[01:22:37.320 --> 01:22:38.320]  That's okay.
[01:22:38.320 --> 01:22:39.320]  Okay.
[01:22:39.320 --> 01:22:42.080]  I'm looking at government organization.
[01:22:42.080 --> 01:22:44.200]  What was the title again?
[01:22:44.200 --> 01:22:55.860]  Five U.S.C. what five U.S. code section 556D got renumbered since that citation was valid
[01:22:55.860 --> 01:22:58.120]  because that isn't what that says.
[01:22:58.120 --> 01:22:59.120]  Okay.
[01:22:59.120 --> 01:23:01.520]  Maybe a bad link.
[01:23:01.520 --> 01:23:02.520]  Okay.
[01:23:02.520 --> 01:23:03.520]  Hold on.
[01:23:03.520 --> 01:23:04.520]  What?
[01:23:04.520 --> 01:23:20.640]  Okay, okay, due process, what does it say if they violate due process, they lose jurisdiction?
[01:23:20.640 --> 01:23:27.200]  All jurisdiction ceases automatically.
[01:23:27.200 --> 01:23:47.400]  I'm looking for a case that actually says that and I'm not finding it.
[01:23:47.400 --> 01:23:54.280]  I've got jurisdiction and I've got ceases and I've got, I don't have automatic, I don't,
[01:23:54.280 --> 01:23:58.080]  I'm not finding that string of characters.
[01:23:58.080 --> 01:23:59.080]  Right.
[01:23:59.080 --> 01:24:03.040]  Are you familiar with a law that's like that?
[01:24:03.040 --> 01:24:08.720]  No, I'm not aware of anything of that nature and I seriously doubt that it would be in
[01:24:08.720 --> 01:24:10.240]  USC five.
[01:24:10.240 --> 01:24:14.920]  It is entirely possible that they have a bogus citation.
[01:24:14.920 --> 01:24:15.920]  Yeah.
[01:24:15.920 --> 01:24:16.920]  Yeah.
[01:24:16.920 --> 01:24:19.920]  I hyperlink everything.
[01:24:19.920 --> 01:24:24.720]  You did yours as a fourth amendment argument.
[01:24:24.720 --> 01:24:25.720]  Yeah.
[01:24:25.720 --> 01:24:26.720]  The fourth amendment.
[01:24:26.720 --> 01:24:27.720]  No, I'm sorry.
[01:24:27.720 --> 01:24:28.720]  It's not the fourth amendment.
[01:24:28.720 --> 01:24:29.720]  It's the 14th amendment.
[01:24:29.720 --> 01:24:30.720]  Okay.
[01:24:30.720 --> 01:24:32.720]  You did yours as a 14th amendment argument.
[01:24:32.720 --> 01:24:37.560]  I think that's the way to go on that and I think that's what I'm going to have to do
[01:24:37.560 --> 01:24:38.560]  with my situation.
[01:24:38.560 --> 01:24:42.720]  So maybe you could send me your lawsuit.
[01:24:42.720 --> 01:24:43.720]  Okay.
[01:24:43.720 --> 01:24:50.200]  I will be through finished with it and by the weekend, Monday, send me a request for
[01:24:50.200 --> 01:24:51.200]  it.
[01:24:51.200 --> 01:24:52.200]  Okay.
[01:24:52.200 --> 01:24:54.440]  I'll send it, send it to you on one condition.
[01:24:54.440 --> 01:24:55.680]  What's that?
[01:24:55.680 --> 01:25:01.640]  You read through it and rip it to shreds.
[01:25:01.640 --> 01:25:05.480]  Everything you don't understand, everything that creates a question that I don't answer,
[01:25:05.480 --> 01:25:08.480]  let me know.
[01:25:08.480 --> 01:25:11.840]  All right.
[01:25:11.840 --> 01:25:12.840]  Okay.
[01:25:12.840 --> 01:25:16.280]  I've done that before and it's gone really well, so I will, I'll be happy to do that
[01:25:16.280 --> 01:25:17.280]  for you.
[01:25:17.280 --> 01:25:18.280]  Good.
[01:25:18.280 --> 01:25:19.280]  Good, good, good.
[01:25:19.280 --> 01:25:20.280]  Okay.
[01:25:20.280 --> 01:25:23.240]  What else do we have or have we handled this issue?
[01:25:23.240 --> 01:25:25.120]  I've kind of lost my place.
[01:25:25.120 --> 01:25:30.560]  Well, I mean, I, in the, in the sense that it's something that would be really cool to
[01:25:30.560 --> 01:25:33.160]  find, I guess we'll keep looking for it.
[01:25:33.160 --> 01:25:39.560]  Yeah, that would be great if I could show that a due process violation automatically
[01:25:39.560 --> 01:25:45.760]  costs some subject matter jurisdiction, wow, that would be holy mackerel and it fits.
[01:25:45.760 --> 01:26:04.120]  It goes to a trespass ab initio where a party has jurisdiction or has permission and then
[01:26:04.120 --> 01:26:08.920]  create some breach that would breach the permission.
[01:26:08.920 --> 01:26:18.960]  Then he becomes a trespasser from the beginning, a peace officer who denies due process becomes
[01:26:18.960 --> 01:26:26.120]  a trespasser, ab initio and all his acts are defeated.
[01:26:26.120 --> 01:26:30.640]  I looked up that case and I couldn't find it last time I looked for it, but it wasn't
[01:26:30.640 --> 01:26:35.440]  what I was important to me, so I didn't spend a lot of time to find it, but I know there's
[01:26:35.440 --> 01:26:38.480]  a, we have case law to that effect.
[01:26:38.480 --> 01:26:42.880]  But it essentially fits what you're saying.
[01:26:42.880 --> 01:26:50.320]  Yeah, that sounds like Great American Indemnity Company versus Beverly.
[01:26:50.320 --> 01:26:52.840]  Can you send me, email me a link to that?
[01:26:52.840 --> 01:26:54.960]  Yeah, yeah, definitely.
[01:26:54.960 --> 01:26:55.960]  Great.
[01:26:55.960 --> 01:26:56.960]  Great.
[01:26:56.960 --> 01:27:04.760]  I found a case Bishop v. Something in Texas on trespass ab initio, but it wasn't as clear
[01:27:04.760 --> 01:27:07.760]  as I wanted it to be.
[01:27:07.760 --> 01:27:08.760]  This one may be better.
[01:27:08.760 --> 01:27:09.760]  Okay.
[01:27:09.760 --> 01:27:11.760]  Do we have anything else?
[01:27:11.760 --> 01:27:14.760]  No, I think that's it.
[01:27:14.760 --> 01:27:15.760]  Okay.
[01:27:15.760 --> 01:27:17.240]  Thank you, Scott.
[01:27:17.240 --> 01:27:18.240]  Okay.
[01:27:18.240 --> 01:27:23.840]  Now we're going to go to Bob in California and I know Bob is causing trouble.
[01:27:23.840 --> 01:27:27.520]  Bob, what are you into today?
[01:27:27.520 --> 01:27:32.480]  Well, I saved a tree.
[01:27:32.480 --> 01:27:40.120]  I got taken off of quite a few people's Christmas card list.
[01:27:40.120 --> 01:27:43.600]  Okay.
[01:27:43.600 --> 01:27:45.800]  What did you do?
[01:27:45.800 --> 01:27:58.520]  Well, I had a new trial today that I was, the appeals court remanded it to a new trial
[01:27:58.520 --> 01:28:07.600]  and when I showed up at the trial, in the last three trials I had there, they held me
[01:28:07.600 --> 01:28:17.680]  over to the very end, cleared the courtroom before they heard my case, but today the bailiff
[01:28:17.680 --> 01:28:24.360]  called me by name and said, come right in and that judge came out and she threw a few
[01:28:24.360 --> 01:28:29.640]  daggers at me and said, the officer isn't here today.
[01:28:29.640 --> 01:28:31.080]  Your case is dismissed.
[01:28:31.080 --> 01:28:35.400]  You got to file a complaint.
[01:28:35.400 --> 01:28:40.960]  I just complained to my prosecutor for just exactly that.
[01:28:40.960 --> 01:28:48.120]  This needs to get a party pooper complaint.
[01:28:48.120 --> 01:28:57.280]  A couple of things that happened that I thought would help other people in a similar situation
[01:28:57.280 --> 01:29:10.040]  was in all of this, we never got to the merits of the case.
[01:29:10.040 --> 01:29:18.360]  It was all their mistakes that brought this all about and one of them that I thought after
[01:29:18.360 --> 01:29:32.880]  I thought about it today, because when the officer got up to testify, after he testified,
[01:29:32.880 --> 01:29:40.240]  he perjured himself in the testimony and it gave me a little time to think about what
[01:29:40.240 --> 01:29:41.240]  he had done.
[01:29:41.240 --> 01:29:42.240]  Okay.
[01:29:42.240 --> 01:29:43.240]  Hang on.
[01:29:43.240 --> 01:29:48.200]  We'll get a little more time to think about it on the break.
[01:29:48.200 --> 01:30:03.360]  This is Randy Kelton, Brett Fountain, Rule of Law Radio, we'll be right back.
[01:30:03.360 --> 01:30:08.880]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps
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[01:33:35.800 --> 01:33:43.720]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Bob
[01:33:43.720 --> 01:33:44.720]  in California.
[01:33:44.720 --> 01:33:48.680]  Okay, Bob, the cop was getting time.
[01:33:48.680 --> 01:33:49.680]  Yes.
[01:33:49.680 --> 01:33:56.920]  So, I had used your process where you get the public defender and then hold his feet
[01:33:56.920 --> 01:34:03.040]  to the fire and that worked great in another case, but in this particular case, I didn't
[01:34:03.040 --> 01:34:10.680]  ask for the public defender at first, but once the officer started to talk, once he
[01:34:10.680 --> 01:34:21.360]  testified and it came to me, I asked then, I stated that I needed assistance of counsel,
[01:34:21.360 --> 01:34:31.360]  which stopped the judge in her tracks and she gave me 30 days to another trial, which
[01:34:31.360 --> 01:34:40.200]  helped that 30 days, gave me time to research what the cop had done and all the violations
[01:34:40.200 --> 01:34:51.960]  that he had done, his trespasses in his testimony, so I wanted to pass that along as I thought
[01:34:51.960 --> 01:35:01.280]  it was a pretty good way to get a breath of air to rethink what was going on and he purged
[01:35:01.280 --> 01:35:06.920]  himself in his testimony, which was a bonus, anyway.
[01:35:06.920 --> 01:35:13.560]  So now you still get to go after him for the perjury.
[01:35:13.560 --> 01:35:22.000]  Well, I went there loaded for bear today and I didn't even see a squirrel.
[01:35:22.000 --> 01:35:28.160]  Yeah, they ruined all your fun.
[01:35:28.160 --> 01:35:31.680]  So now it's your turn.
[01:35:31.680 --> 01:35:41.840]  Well, I guess I feel a little bad about, I think I could end his career, actually.
[01:35:41.840 --> 01:35:46.800]  It wouldn't be hard with all the ammo they've given me.
[01:35:46.800 --> 01:35:55.240]  You probably should, consider how many other people he's doing this to.
[01:35:55.240 --> 01:36:03.920]  Well, I Googled his name early on and I found out that the city a few years ago spent over
[01:36:03.920 --> 01:36:17.680]  a million dollars defending him over a wrongful shooting, so I guess I'm glad he didn't show
[01:36:17.680 --> 01:36:24.220]  up in court with his gun.
[01:36:24.220 --> 01:36:27.360]  So what do you want to do now?
[01:36:27.360 --> 01:36:31.400]  I think I could go after the whole bunch of them.
[01:36:31.400 --> 01:36:39.040]  The judges were way out of line, too, and I just wanted to say that the information
[01:36:39.040 --> 01:36:45.640]  requests were instrumental in a lot of it.
[01:36:45.640 --> 01:36:53.640]  They really don't like to answer questions, even though they're bound to, and the criminal
[01:36:53.640 --> 01:37:01.640]  complaints work great, and the bar grievances work great, and the judicial conduct complaints
[01:37:01.640 --> 01:37:02.640]  work great.
[01:37:02.640 --> 01:37:15.980]  All those tools really put them on defense, and like you say, the least you tell them
[01:37:15.980 --> 01:37:23.260]  and keep them guessing on what you're doing or what you're after, the more nervous they
[01:37:23.260 --> 01:37:30.120]  get, and you can tell that in their responses to the information requests.
[01:37:30.120 --> 01:37:40.520]  Anyway, I don't want to take too much time, but those were some things that I found, and
[01:37:40.520 --> 01:37:47.680]  what I learned through Rule of Law Radio has been really rewarding and I appreciate it
[01:37:47.680 --> 01:37:48.680]  all.
[01:37:48.680 --> 01:37:59.000]  Well, now you get in a position to where you get to have the fight that you picked.
[01:37:59.000 --> 01:38:09.640]  That's when it really gets fun.
[01:38:09.640 --> 01:38:13.440]  When you're the plaintiff, it's a whole other animal.
[01:38:13.440 --> 01:38:22.360]  Okay, well, I'm looking forward to that, and I'll let you go to your next caller.
[01:38:22.360 --> 01:38:24.400]  Okay, thank you, Bob.
[01:38:24.400 --> 01:38:29.680]  Now we're going to go to, this looks like it might be a first-time caller.
[01:38:29.680 --> 01:38:31.800]  It says California.
[01:38:31.800 --> 01:38:35.600]  If you were in California in the 918 area code...
[01:38:35.600 --> 01:38:38.320]  No, I think that's the...
[01:38:38.320 --> 01:38:41.240]  Oh, that's wireless caller.
[01:38:41.240 --> 01:38:43.480]  Okay, 918 area code.
[01:38:43.480 --> 01:38:44.480]  Do you know where that's at?
[01:38:44.480 --> 01:38:45.480]  That might be Oklahoma.
[01:38:45.480 --> 01:38:46.480]  I don't know.
[01:38:46.480 --> 01:38:52.440]  Okay, if you're in the 918 area code, talk to us.
[01:38:52.440 --> 01:38:53.920]  Hello.
[01:38:53.920 --> 01:38:55.240]  Hello.
[01:38:55.240 --> 01:39:01.320]  Give me a first name and a state.
[01:39:01.320 --> 01:39:04.720]  Well, my number is from Oklahoma.
[01:39:04.720 --> 01:39:08.160]  You were correct about that, but I'm actually in Georgia.
[01:39:08.160 --> 01:39:10.720]  Oh, my goodness.
[01:39:10.720 --> 01:39:14.640]  You know there are hillbillies in Georgia.
[01:39:14.640 --> 01:39:18.600]  I have learned in Oklahoma as well.
[01:39:18.600 --> 01:39:19.600]  Okay.
[01:39:19.600 --> 01:39:25.880]  I'm from Tennessee, just north of there, and we definitely got hillbillies.
[01:39:25.880 --> 01:39:29.240]  What do you have for us today?
[01:39:29.240 --> 01:39:32.320]  And I forgot to say my name is Summer.
[01:39:32.320 --> 01:39:36.840]  Summer, I recognize that name from an email.
[01:39:36.840 --> 01:39:47.760]  Yes, I did email you, and thank you so much for responding and for, I don't know, maybe
[01:39:47.760 --> 01:39:49.320]  attempting to read it.
[01:39:49.320 --> 01:39:53.800]  I'm sure there was a lot there.
[01:39:53.800 --> 01:40:02.280]  But my question has to do with the procedure, the, like, court procedure that my city uses
[01:40:02.280 --> 01:40:10.840]  that I haven't seen before, where the officers end up representing the city instead of an
[01:40:10.840 --> 01:40:11.840]  attorney.
[01:40:11.840 --> 01:40:14.720]  And I wanted to know what you think about that.
[01:40:14.720 --> 01:40:17.240]  Well, that's Bob.
[01:40:17.240 --> 01:40:19.200]  He just dropped off.
[01:40:19.200 --> 01:40:21.600]  That's what they do in California.
[01:40:21.600 --> 01:40:23.360]  Oh, okay.
[01:40:23.360 --> 01:40:30.360]  So this is a great opportunity for you to beat up the officer big time.
[01:40:30.360 --> 01:40:38.680]  Now I'm thinking about Georgia, I just helped someone with a case in Georgia.
[01:40:38.680 --> 01:40:48.240]  And in Georgia, there's a special case in filing criminal complaints.
[01:40:48.240 --> 01:40:52.080]  You have to pay to file a criminal complaint.
[01:40:52.080 --> 01:40:58.440]  But when you do, then you get standing in a way that you don't have in most states.
[01:40:58.440 --> 01:41:02.560]  You can hold the magistrate's foot to the fire.
[01:41:02.560 --> 01:41:10.680]  So if the officer, he doesn't really know what he's doing, because he's a peace officer,
[01:41:10.680 --> 01:41:12.680]  he's not a lawyer.
[01:41:12.680 --> 01:41:19.480]  No, she definitely did not have any idea what he's doing.
[01:41:19.480 --> 01:41:30.440]  But I think the commission that licenses peace officers is post in Georgia, if I remember
[01:41:30.440 --> 01:41:31.440]  right.
[01:41:31.440 --> 01:41:32.440]  Okay.
[01:41:32.440 --> 01:41:35.360]  Have you listened to our show before?
[01:41:35.360 --> 01:41:37.520]  I have been going through the archives.
[01:41:37.520 --> 01:41:39.520]  So I've been listening.
[01:41:39.520 --> 01:41:42.680]  I think I've been through about five shows in-
[01:41:42.680 --> 01:41:46.780]  Okay, you've probably heard some of this.
[01:41:46.780 --> 01:41:56.720]  We use the most stinking, rotten, lousy lowdown tricks we can find to beat them up with.
[01:41:56.720 --> 01:41:59.640]  It is so much fun.
[01:41:59.640 --> 01:42:05.880]  And have you heard an archive that talked about bar grievances and professional conduct
[01:42:05.880 --> 01:42:07.280]  complaints?
[01:42:07.280 --> 01:42:08.720]  Yeah.
[01:42:08.720 --> 01:42:14.520]  Okay, find out who licenses the officer.
[01:42:14.520 --> 01:42:22.080]  When you file a professional conduct complaint, what you file against is you claim that the
[01:42:22.080 --> 01:42:31.360]  officer is not properly trained, because this is the agency that's charged with training
[01:42:31.360 --> 01:42:34.280]  officers and certifying them.
[01:42:34.280 --> 01:42:41.880]  They train them, they run the academies usually, and they certify ongoing training.
[01:42:41.880 --> 01:42:44.680]  So different agencies do their own training.
[01:42:44.680 --> 01:42:51.160]  It has to be certified through POST, or whoever licenses the lawyer.
[01:42:51.160 --> 01:42:52.160]  Yeah, POST.
[01:42:52.160 --> 01:42:53.160]  It is POST, okay.
[01:42:53.160 --> 01:42:54.160]  In Georgia, it's G-A-P-O-S-T.org.
[01:42:54.160 --> 01:42:55.160]  Okay.
[01:42:55.160 --> 01:42:56.160]  G-A-P-O-S-T.org, okay.
[01:42:56.160 --> 01:42:57.160]  Yes.
[01:42:57.160 --> 01:43:08.560]  You file a complaint against him, and he can't even complain about it.
[01:43:08.560 --> 01:43:11.760]  He can't say anything about it.
[01:43:11.760 --> 01:43:18.520]  So you start hammering him, and he's gonna whine like a stuck pig.
[01:43:18.520 --> 01:43:26.400]  Now, to continue the metaphor, they all got their snouts in the same trough.
[01:43:26.400 --> 01:43:33.560]  And the way I won my last criminal case is I got the court to drop the case to protect
[01:43:33.560 --> 01:43:36.960]  my lawyer from me.
[01:43:36.960 --> 01:43:43.160]  You want to get this court to drop the case to protect the officer from you.
[01:43:43.160 --> 01:43:46.040]  We'll speak more to that when we come back.
[01:43:46.040 --> 01:43:49.760]  Randy Kelton, Red Fountain Wheels Live Radio.
[01:43:49.760 --> 01:44:00.200]  We'll be right back.
[01:44:00.200 --> 01:44:05.360]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:44:49.240 --> 01:44:59.120]  That's RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com to learn how to stop debt collectors
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[01:45:01.120 --> 01:45:04.320]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.520 --> 01:46:38.160]  Okay, we are back.
[01:46:38.160 --> 01:46:45.960]  Rule of Law Radio, Randy Kelton, I'm Brett Fountain, and we are talking with Summer in
[01:46:45.960 --> 01:46:46.960]  Georgia.
[01:46:46.960 --> 01:46:54.000]  Well, Summer, as while we were on the break there, I was taking a look at the Georgia
[01:46:54.000 --> 01:47:00.520]  Post, and I find something that I'll just point you to here.
[01:47:00.520 --> 01:47:07.680]  And this is on their website, gapost.org, and they've got over on the left side, they've
[01:47:07.680 --> 01:47:15.080]  got a nav there that says the Post Act, and that's where you can find, it links straight
[01:47:15.080 --> 01:47:22.600]  in, spells it all out, all these different parts of the act that establishes this bunch.
[01:47:22.600 --> 01:47:32.260]  And it has some stuff in there about, where did it go, effect of peace officers' failure
[01:47:32.260 --> 01:47:39.400]  to comply, civil actions against non-compliant peace officers, and law enforcement units.
[01:47:39.400 --> 01:47:41.880]  That ought to be an interesting one for you.
[01:47:41.880 --> 01:47:46.000]  It's 35817, 35-8-17.
[01:47:46.000 --> 01:47:56.360]  Okay, Brett, when it says civil action, does that imply that the commission takes civil
[01:47:56.360 --> 01:48:01.240]  action, or does that refer to civil action by a private citizen?
[01:48:01.240 --> 01:48:03.520]  Oh, that's a good point.
[01:48:03.520 --> 01:48:07.880]  Let's see what it says.
[01:48:07.880 --> 01:48:08.960]  Are you seeing this, Summer?
[01:48:08.960 --> 01:48:10.960]  You seeing the same thing there?
[01:48:10.960 --> 01:48:11.960]  Yep.
[01:48:11.960 --> 01:48:17.120]  All right, so- Okay, so the council can bring the civil
[01:48:17.120 --> 01:48:18.120]  action.
[01:48:18.120 --> 01:48:19.120]  Yes.
[01:48:19.120 --> 01:48:26.760]  Yeah, they can, but getting them to, that's why I wanted to look at that.
[01:48:26.760 --> 01:48:34.920]  It apparently gives a cause of action to the council, but does it give also a cause of
[01:48:34.920 --> 01:48:38.800]  action to a citizen?
[01:48:38.800 --> 01:48:44.040]  These guys are going to deal with training.
[01:48:44.040 --> 01:48:54.320]  How would the council get a claim against the entity, or the officer, or the agency?
[01:48:54.320 --> 01:48:57.340]  That's interesting.
[01:48:57.340 --> 01:48:58.760]  What claim would they have against them?
[01:48:58.760 --> 01:49:05.180]  Does it say, Brett?
[01:49:05.180 --> 01:49:09.000]  Fails to meet the certification or registration requirements.
[01:49:09.000 --> 01:49:11.360]  Oh, okay.
[01:49:11.360 --> 01:49:17.000]  That's going to be something that you won't have access to.
[01:49:17.000 --> 01:49:20.760]  So he said he was going to do everything right, and instead he went off and did everything
[01:49:20.760 --> 01:49:22.600]  else.
[01:49:22.600 --> 01:49:28.360]  So they can say, hey, you're not up to snuff here.
[01:49:28.360 --> 01:49:33.440]  You didn't meet the requirements.
[01:49:33.440 --> 01:49:36.720]  Non-complying peace officers.
[01:49:36.720 --> 01:49:45.720]  Yeah, I guess my question would be, how would I figure out how they were non-compliant?
[01:49:45.720 --> 01:49:57.760]  You'd have to read their requirements, what they're required to comply with.
[01:49:57.760 --> 01:49:58.760]  Yeah.
[01:49:58.760 --> 01:50:07.320]  And this is great to do because, for the most part, the officers don't know what it is.
[01:50:07.320 --> 01:50:12.200]  They just go through the motions, and if they get a citizen coming in there, hammer them
[01:50:12.200 --> 01:50:20.320]  with their own internal processes and requirements, it's going to make them crazy.
[01:50:20.320 --> 01:50:23.640]  Okay, what is the nature of this case?
[01:50:23.640 --> 01:50:32.800]  Well, the case has already been, I guess, what do you say, adjudicated?
[01:50:32.800 --> 01:50:34.800]  Is it traffic?
[01:50:34.800 --> 01:50:39.880]  No, it was two misdemeanors.
[01:50:39.880 --> 01:50:44.960]  So criminal trespassing and obstructing an officer.
[01:50:44.960 --> 01:50:46.480]  Oh, okay.
[01:50:46.480 --> 01:50:49.520]  This is the one about the face mask issue.
[01:50:49.520 --> 01:50:53.040]  Yep, that's me.
[01:50:53.040 --> 01:50:57.040]  And this was at a private company.
[01:50:57.040 --> 01:51:01.000]  At a public accommodation.
[01:51:01.000 --> 01:51:07.400]  Well, I mean, this was at a store or something?
[01:51:07.400 --> 01:51:08.920]  Yeah, yeah.
[01:51:08.920 --> 01:51:12.200]  Yeah, so it wasn't a government facility.
[01:51:12.200 --> 01:51:14.680]  No, it wasn't.
[01:51:14.680 --> 01:51:22.060]  That makes it somewhat problematic because a company is owned by somebody, and it belongs
[01:51:22.060 --> 01:51:24.080]  to them.
[01:51:24.080 --> 01:51:30.380]  And if they can institute pretty much whatever rules they want to, so long as they're not
[01:51:30.380 --> 01:51:34.640]  criminal in their nature, and apply to everyone equally.
[01:51:34.640 --> 01:51:39.640]  Yeah, that's the touchy part, when you have to go off to the ADA, yeah.
[01:51:39.640 --> 01:51:46.480]  Yeah, so if they applied them equally to everybody, or at least substantively equally to everybody,
[01:51:46.480 --> 01:51:49.200]  then that is their own business.
[01:51:49.200 --> 01:51:54.240]  They put their money in it to create it and keep it going, so they have some say in how
[01:51:54.240 --> 01:51:55.240]  they run their business.
[01:51:55.240 --> 01:52:01.920]  Now, if they institute oppressive policies, they run the risk of losing business.
[01:52:01.920 --> 01:52:08.640]  Yeah, so let me tell you a key part about this was, I didn't mention it in the email
[01:52:08.640 --> 01:52:14.480]  because I didn't know what kind of detail to go into, but when I was arrested, and they're
[01:52:14.480 --> 01:52:21.160]  telling me, you're trespassing because you're not wearing a mask, and both officers are
[01:52:21.160 --> 01:52:30.880]  in there not wearing a mask, and they take me out, and they arrest me, and then lock
[01:52:30.880 --> 01:52:39.860]  me up in jail while they're not wearing masks, and it's like, okay, so the company is going
[01:52:39.860 --> 01:52:47.320]  to enforce that I wear the mask, but they're going to let the police officers come in there
[01:52:47.320 --> 01:52:52.440]  and do whatever they want, because they're the mask enforcers, you know?
[01:52:52.440 --> 01:52:58.400]  So, I don't know, it's just an interesting tidbit about it.
[01:52:58.400 --> 01:53:08.400]  Yeah, that highlights the discrepancy there.
[01:53:08.400 --> 01:53:13.560]  That means the mask requirement was not equally applied.
[01:53:13.560 --> 01:53:18.880]  It was not, that's for sure.
[01:53:18.880 --> 01:53:24.320]  Have you considered filing suit against the company?
[01:53:24.320 --> 01:53:27.800]  You know, I haven't gotten there.
[01:53:27.800 --> 01:53:35.520]  It was an interesting situation where I wasn't trying to say, no, I'm not going to leave.
[01:53:35.520 --> 01:53:40.960]  I was trying to talk to the officers, it was my first time ever speaking to a police officer,
[01:53:40.960 --> 01:53:46.040]  and I was like, well, you know, surely they'll be reasonable, right?
[01:53:46.040 --> 01:53:51.120]  You know, I'll get to ask them questions, and they'll give me some answers.
[01:53:51.120 --> 01:53:58.120]  So, I went into it a little naive, but I needed the experience, and I had had enough of people
[01:53:58.120 --> 01:54:03.400]  telling me that I have to wear a mask in real places.
[01:54:03.400 --> 01:54:10.360]  And so, I've never worn one, and that day was just the day that I put my foot down.
[01:54:10.360 --> 01:54:19.360]  Gosh, now I forgot what I was saying about it.
[01:54:19.360 --> 01:54:23.920]  Before you put your foot down, make sure what's underneath it.
[01:54:23.920 --> 01:54:30.880]  Yeah, it's a great learning experience, you know?
[01:54:30.880 --> 01:54:34.920]  It's really thrown me into learning about the law.
[01:54:34.920 --> 01:54:43.680]  So, you know, I consider it all good and well, even though it has been really stressful.
[01:54:43.680 --> 01:54:49.600]  But now, you know, as you've been saying, when you get the chance to go on offense,
[01:54:49.600 --> 01:54:53.280]  it makes it so much better.
[01:54:53.280 --> 01:55:00.940]  Have you written a really nasty letter to the Better Business Bureau warning anybody
[01:55:00.940 --> 01:55:07.640]  who goes to that location, if they see the police without masks on, that doesn't mean
[01:55:07.640 --> 01:55:11.960]  you can't wear a mask because the police will arrest you.
[01:55:11.960 --> 01:55:18.900]  I have found that, you know, this whole issue is a civil issue.
[01:55:18.900 --> 01:55:23.720]  And when dealing with businesses, I have found the Better Business Bureau to be very, very
[01:55:23.720 --> 01:55:24.780]  powerful.
[01:55:24.780 --> 01:55:32.320]  My wife bought a $6,000 special made leather couch, and you couldn't sit on it.
[01:55:32.320 --> 01:55:37.760]  It was made so that the cushion was real stiff, and it tipped forward, so you kept sliding
[01:55:37.760 --> 01:55:38.760]  forward.
[01:55:38.760 --> 01:55:41.680]  They came out four or five times trying to fix it, they never could.
[01:55:41.680 --> 01:55:42.800]  So we told them, come get it.
[01:55:42.800 --> 01:55:48.380]  They said it'd be a 40% restocking fee.
[01:55:48.380 --> 01:55:51.100]  And I called the manager and I said, no, they won't.
[01:55:51.100 --> 01:55:53.560]  You will come and get it and you'll return the full amount.
[01:55:53.560 --> 01:55:55.400]  No, that's our policy.
[01:55:55.400 --> 01:56:01.280]  Okay, so I filed a scathing letter with the Better Business Bureau.
[01:56:01.280 --> 01:56:06.640]  They couldn't get out there fast enough with that check to get that thing out of our house
[01:56:06.640 --> 01:56:16.580]  and get me to notify the Better Business Bureau that my issue had been handled.
[01:56:16.580 --> 01:56:18.880]  Is this a large company?
[01:56:18.880 --> 01:56:20.880]  What?
[01:56:20.880 --> 01:56:22.720]  Is this a large company?
[01:56:22.720 --> 01:56:24.720]  It's goodwill.
[01:56:24.720 --> 01:56:37.280]  Oh, get a hold of the CEO, find who the chairman of the board is, call down to their corporate
[01:56:37.280 --> 01:56:40.900]  office and ask who the president of the company is.
[01:56:40.900 --> 01:56:49.080]  Tell them that you're homeschooling your kids and one of your kids is doing a paper on high
[01:56:49.080 --> 01:56:53.960]  level executives and he wants to profile the president.
[01:56:53.960 --> 01:56:54.960]  Who is the president?
[01:56:54.960 --> 01:56:57.280]  They'll be glad to tell you.
[01:56:57.280 --> 01:57:03.580]  Then call down the president's office and you will get the president's secretary.
[01:57:03.580 --> 01:57:06.880]  She is more powerful than the president.
[01:57:06.880 --> 01:57:15.760]  The president has to always maintain civility and consider his political position.
[01:57:15.760 --> 01:57:18.240]  His secretary doesn't.
[01:57:18.240 --> 01:57:28.320]  Call her and unload on her what their people are doing or having people arrested by police
[01:57:28.320 --> 01:57:30.960]  officers who aren't wearing masks.
[01:57:30.960 --> 01:57:35.560]  So they give us the impression I didn't need to and then they just arrested me.
[01:57:35.560 --> 01:57:39.500]  Is this how you run your business and just rail on her good?
[01:57:39.500 --> 01:57:45.640]  When you get done with her, she's going to start down the chain.
[01:57:45.640 --> 01:57:49.120]  You will make serious change in business.
[01:57:49.120 --> 01:57:52.640]  I own my own business for most of my life.
[01:57:52.640 --> 01:57:58.600]  The hardest thing I could get was good information.
[01:57:58.600 --> 01:58:03.840]  My employees are not going to tell me when they screw up.
[01:58:03.840 --> 01:58:09.360]  So when you deal with a company, the guys who have their money in it, the guys who are
[01:58:09.360 --> 01:58:14.520]  most invested in the company, never get good information.
[01:58:14.520 --> 01:58:18.400]  You call them, we will get changed very quickly.
[01:58:18.400 --> 01:58:19.400]  Call back tomorrow.
[01:58:19.400 --> 01:58:20.560]  I'd like to discuss this a little more.
[01:58:20.560 --> 01:58:24.880]  We're going to run out of time tonight, but we do a four hour show tomorrow night and
[01:58:24.880 --> 01:58:26.200]  EJ, I see you there.
[01:58:26.200 --> 01:58:27.760]  I'm sorry we didn't get to you.
[01:58:27.760 --> 01:58:30.960]  If you'll call in tomorrow night, we'll take you early.
[01:58:30.960 --> 01:58:35.040]  This is Randy Kelton, Brett Fountain, The Wheel of Love Radio.
[01:58:35.040 --> 01:58:41.560]  We'll be back tomorrow night on our four hour info marathon and we'll be taking your calls
[01:58:41.560 --> 01:58:42.560]  all night.
[01:58:42.560 --> 01:58:45.560]  So if you have a question or a comment, give us a call.
[01:58:45.560 --> 01:58:50.600]  Thank you all for listening and good night.
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