ROL_2021-06-11_16k_Hr1-2.timecode
[00:00.000 --> 00:06.800] The following news flash is brought to you by The Lone Star Lowdown.
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[00:13.200 --> 00:21.360] Silver $16.45 an ounce, Copper $2.75 an ounce, Oil Texas Crew $55.63 a barrel, Brent Crew
[00:21.360 --> 00:29.960] $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum $2.00
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[00:41.400 --> 00:52.360] Today in History, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated
[00:52.360 --> 00:57.800] on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.800 --> 01:04.800] the 10 and entering 40.
[01:04.800 --> 01:09.840] And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing heaven attacks
[01:09.840 --> 01:15.040] his law back in June, county prosecutors around the state including Houston, Austin, San Antonio
[01:15.040 --> 01:19.160] have been dropping marijuana possession charges and even refusing to file new ones since they
[01:19.160 --> 01:23.240] are stipulating that they do not have the time or the laboratory equipment to test the
[01:23.240 --> 01:28.000] ear for THC. Margaret Moore, the Travis County District Attorney announced earlier this
[01:28.000 --> 01:32.920] month that she was dismissing 32 felony possession and delivery of marijuana cases because of
[01:32.920 --> 01:33.920] the law.
[01:33.920 --> 01:37.640] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.640 --> 01:42.160] that county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.160 --> 01:48.320] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.320 --> 01:54.520] well as other cities too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.520 --> 01:59.000] who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.000 --> 02:01.760] prosecution of marijuana cases in El Paso.
[02:01.760 --> 02:06.760] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.800] in Harris County who stated that, quote, the law is constantly changing on what makes
[02:10.800 --> 02:13.520] something illegal based on its chemical makeup.
[02:13.520 --> 02:17.400] It's important that if someone is charged with something, the test matches what they're
[02:17.400 --> 02:22.640] charged with.
[02:22.640 --> 02:27.240] A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.240 --> 02:32.400] as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.400 --> 02:38.040] shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.040 --> 02:39.520] Pacific Ocean.
[02:39.520 --> 02:43.800] According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:50.080] its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.080 --> 03:16.080] glow.
[03:16.080 --> 03:23.540] I'll be curious to know what you're gonna do.
[03:23.540 --> 03:33.240] Bad boys, bad boys, what you're gonna do, what you're gonna do when they come for you.
[03:33.240 --> 03:38.000] Bad boys, bad boys, what you're gonna do, what you're gonna do when they come for you.
[03:38.000 --> 03:43.540] When you work and you're had bad tricks with gold just school and learn to go then lose.
[03:43.540 --> 03:46.340] So why are you acting like I'm lovin' food?
[03:46.340 --> 03:48.900] It's your game, I think I'm just cool!
[03:48.900 --> 03:51.780] Bad boys, bad boys, whatcha gonna do?
[03:51.780 --> 03:54.340] Oh, whatcha gonna do when they come for you?
[03:54.340 --> 03:56.260] Bad boys, bad boys, whatcha gonna do when they come for you?
[03:56.260 --> 03:58.180] Okay, howdy howdy.
[03:58.180 --> 04:01.460] It's Ed Sheeran, Brett Fountain, Voodoo Ball Radio,
[04:01.460 --> 04:04.260] on this Friday, June the...
[04:05.140 --> 04:05.620] something.
[04:06.660 --> 04:07.140] 11th.
[04:08.820 --> 04:11.860] Some of your AD, I think it's 2021.
[04:11.860 --> 04:16.820] This is welcome to our four-hour info marathon.
[04:16.820 --> 04:20.180] We're working on the phones to see if I got them working.
[04:20.180 --> 04:23.780] I had someone to call in to the call-in bridge,
[04:23.780 --> 04:26.340] but I couldn't get the call-in bridge to work.
[04:26.340 --> 04:30.740] So I'm trying to figure out what's going on there.
[04:30.740 --> 04:36.740] Uh, let me call in our regular number and see if my car board's working.
[04:36.740 --> 04:41.700] Okay.
[04:41.700 --> 04:44.340] Let me see if I can come up and check in the bridge now.
[04:44.340 --> 04:45.140] Okay, uh...
[04:48.660 --> 04:50.980] Did you have something you wanted to start with?
[04:50.980 --> 04:51.300] Brett?
[04:53.780 --> 04:54.820] No, nothing in particular.
[04:54.820 --> 04:57.700] Okay, okay, uh, okay, call-in board's working.
[04:58.340 --> 04:59.860] Hey, I'm on the call-in board!
[04:59.860 --> 05:01.380] Wow, that's lighten up.
[05:01.380 --> 05:04.740] We've already got a 509 car here.
[05:04.740 --> 05:10.020] Okay, David, if you're listening, try that bridge number again.
[05:10.020 --> 05:12.580] If not, call in on the regular call-in board.
[05:14.180 --> 05:18.180] That would be 614-512-646-1984.
[05:22.500 --> 05:29.380] Okay, well, I've been working on my lawsuit today.
[05:29.380 --> 05:37.860] I started, uh, I was about finished with it, and, uh, I had to build the exhibits.
[05:39.140 --> 05:42.260] Well, as I built the exhibits, most of them are criminal accusations.
[05:44.020 --> 05:52.260] And the way I do that is when I write the, uh, points in authority,
[05:52.260 --> 05:58.180] so as a statement of factual accusation, I actually write each and everything that
[05:58.180 --> 05:59.460] will become a criminal complaint.
[05:59.460 --> 06:02.020] I write it just like I was writing a criminal complaint.
[06:04.020 --> 06:10.900] So I've got the whole thing finished, and now I pulled up a criminal complaint-blake form,
[06:11.860 --> 06:18.340] and I went down to the first individual, which was the Chief Justice of the Supreme.
[06:19.140 --> 06:24.980] And the section where I argued what the Chief Justice did or didn't do,
[06:24.980 --> 06:29.060] I just captured that section out and dropped it in the center of the complaint.
[06:30.740 --> 06:40.420] So I had, you know, I have reason to believe and do believe that based, I Randall Kelton have
[06:40.420 --> 06:42.900] reason to believe and do believe based on the following.
[06:43.940 --> 06:48.100] And then after I finish the following, then I will go to, uh,
[06:48.100 --> 06:51.220] therefore I charged that so-and-so did such-and-such.
[06:51.220 --> 06:59.540] So in the middle there, I just dropped in the dialogue and took me about 30 minutes
[06:59.540 --> 07:01.860] to crank out about 10 or 15 of them.
[07:03.300 --> 07:11.300] We just copy and paste and change the name and the statute and the footer and save it.
[07:11.300 --> 07:13.300] Let's go to the next and just walk right down it.
[07:14.420 --> 07:18.980] That's something I want to demonstrate when I do my seminar.
[07:18.980 --> 07:26.420] Uh, it makes it really easy and consistent.
[07:28.020 --> 07:34.420] So, like with the two deputies, the one deputy didn't do anything.
[07:34.420 --> 07:35.460] He just stood back.
[07:36.740 --> 07:39.540] So I'm charging him with everything the other deputy did.
[07:40.820 --> 07:44.180] Because if I had knocked out the first deputy, I'd have to deal with the second.
[07:44.820 --> 07:47.620] So he was, he was just as culpable.
[07:47.620 --> 07:51.380] So I'm charging basically had a job to keep the peace.
[07:52.020 --> 07:52.740] Yes, he did.
[07:53.940 --> 07:56.980] And he had a job to stop the first officer.
[07:56.980 --> 07:57.860] Exactly.
[07:58.500 --> 08:02.660] Had he done his job, this would not have been a problem.
[08:03.460 --> 08:08.900] They wouldn't be in a $200 million lawsuit right now, maybe $200 plus,
[08:10.180 --> 08:14.260] depending on how they see, how the numbers shake out.
[08:14.260 --> 08:22.820] Uh, since the numbers are so large, and this was not something I planned.
[08:22.820 --> 08:28.580] You've heard me talking about this on the air, and I was talking, you know, four or five million.
[08:30.260 --> 08:34.180] And that was stretching it, using the numbers from Trezevat.
[08:34.180 --> 08:46.500] But as I got into it, I'm really arguing about the pattern of arresting someone and taking him to jail.
[08:47.860 --> 08:50.180] It's always been my issue and my argument.
[08:51.780 --> 09:01.140] So in order to support that this was really a problem, I went in and got some statistics
[09:01.140 --> 09:08.980] from the criminal justice system. Now, I'm saying that before the person is taken to jail,
[09:08.980 --> 09:12.420] they should take him to a magistrate, but they're not doing that.
[09:13.460 --> 09:22.180] And my accusation is that the reason they're not doing that is so that the prosecuting attorney
[09:22.180 --> 09:33.220] will have someone in jail who can't make bail, but the prosecutor only has the statement of the
[09:33.220 --> 09:38.420] police officer and no exculpatory evidence. So he doesn't have, he don't have to deal with
[09:38.420 --> 09:45.220] exculpatory evidence. He don't care about it because he can keep the guy in jail till they pay
[09:45.220 --> 09:58.100] till they make a deal. Yeah, what? Problem is, it costs the county 50 bucks a day for that guy to
[09:58.100 --> 10:05.700] sit in jail so that the prosecutor doesn't have to prosecute the individual. Don't matter the
[10:05.700 --> 10:11.060] prosecutor, he just waits till he makes a deal. Well, the taxpayers are putting this bill to the
[10:11.060 --> 10:28.100] tune of $990 million a year, not including the $254 million that they paid Court Appointed Counsel.
[10:28.100 --> 10:34.020] Court Appointed Counsel does nothing because it's in their best interest to do nothing.
[10:34.020 --> 10:42.580] The reason it's in their best interest to do nothing is that the lawyer, they know the prosecutor
[10:42.580 --> 10:52.740] is going to get a deal. So they accept appointment, they say hello to their clients. Sometimes the
[10:52.740 --> 10:59.540] client never talks to the lawyer. The prosecutor gets a deal, they get to check. Just one after
[10:59.540 --> 11:06.180] another. They can take on an unlimited number of clients because they don't have to do anything.
[11:07.540 --> 11:13.140] If they do do something, they're going to have the judge and the prosecutor upset at them because
[11:13.140 --> 11:19.460] now you're going to load up their documents and they won't be able to go play golf on Friday.
[11:19.460 --> 11:29.700] So they're going to stop appointing clients to that lawyer. So, you know, what's the lawyer
[11:29.700 --> 11:39.300] supposed to do, ruin his career? So I'm claiming that the prosecutor should be liable for all that
[11:39.300 --> 11:47.140] the county has to expend in holding that person in jail and that the prosecutor's attorney is not
[11:47.140 --> 11:53.140] alone in this. The prosecutors across the state have found this is a really slick maneuver.
[11:54.340 --> 11:57.940] And I had a problem is you've got to violate a whole bunch of laws to get that done.
[11:59.140 --> 12:02.020] Oh, but that's okay. As long as you've got people to cover for you.
[12:02.020 --> 12:08.740] Yeah, so what I did was I went through the public record and everywhere I found that a
[12:08.740 --> 12:17.460] arrest and a cause was entered in the court record and there wasn't a rest made. If there's
[12:17.460 --> 12:25.060] a bond form in the record, then the guy was arrested and the bond form during their validates
[12:25.060 --> 12:36.420] that they were arrested. But there was no 16.17 order. If there is no 16.17 order,
[12:36.420 --> 12:48.260] there can be no jurisdiction. So I'm saying that the prosecutor, when he gave the legal advice
[12:48.260 --> 12:57.060] to the police and advised them to take people directly to jail acted in a advisory capacity.
[12:57.060 --> 13:08.420] But how much does he have? How much of humanity does he have when he advises the police and
[13:08.420 --> 13:18.100] the law courts? We like it all ends on him. He had zero. I went to the prosecutor one time
[13:18.100 --> 13:23.700] several years ago when the chief of police refused to give a complaint that I filed with him
[13:23.700 --> 13:30.900] to some magistrate. He told me prosecutor told him not to. I told him wait right here. Don't go
[13:30.900 --> 13:36.820] anywhere. I'd be right back and jumped in the car and I ran up to Decatur and when I walked in the
[13:36.820 --> 13:45.540] courthouse County attorney was waiting for me. He said, Mr. Kelton, I know why you're here and do
[13:45.540 --> 13:53.060] you think I'm out of my professional mind? Do you really think I would waive my absolute immunity
[13:53.060 --> 14:02.820] by giving legal advice to the police? I said, I don't know. James, I'm just following the thunder
[14:02.820 --> 14:09.060] here and I've told this story before. I went back to the police department, knocked on the door and
[14:09.060 --> 14:15.060] off the door. He's grinning from ear to ear. He knows what's up. He said, what can I do for you,
[14:15.060 --> 14:23.220] Mr. Kelton? I said, tell the chief that James Staten just threw him under the bus and I'm here
[14:23.220 --> 14:32.100] to run him over with it. Well, James knew when he gives legal advice to the police that he has no
[14:32.100 --> 14:39.540] immunity. He's being a lawyer advising a client. He's not being a prosecutor attorney and I'm claiming
[14:39.540 --> 14:48.420] that the prosecutors were lawyers advising clients when they advised clients, being police officers,
[14:49.380 --> 14:59.860] to commit criminal acts and therefore he's liable for it. I've asked for 30 million from
[14:59.860 --> 15:04.980] each of these two officers that arrested me because this is a common practice, happens all over the
[15:04.980 --> 15:12.260] state. And he's pushed, it's caused this massive incarceration problem. We have because a police
[15:12.260 --> 15:19.540] officer can arrest someone for any reason, with or without a warrant and he never has to worry
[15:19.540 --> 15:26.820] about anyone questioning his reasoning. The prosecutor don't care. He's going to get a deal
[15:27.380 --> 15:32.580] and that's what's driven up. That's part of what's driven up the incarceration rate. The other thing
[15:32.580 --> 15:39.540] is, is everybody's being forced to take a deal. 99.6% of the public is forced into a deal.
[15:40.260 --> 15:45.780] And then they put on probation and if they violate probation, it has mandatory jail time.
[15:45.780 --> 15:53.700] And the governor's commission on criminal justice in 2003 complained that that was the reason for
[15:53.700 --> 16:00.740] this mass incarceration was the subsequent probation violation for people who never should
[16:00.740 --> 16:06.500] have been prosecuted in the first place. So I'm saying the prosecutor owns all this
[16:07.620 --> 16:15.060] and we need to calculate how much of jail time people have spent in jail waiting for the prosecutor
[16:15.060 --> 16:21.060] to squeeze a deal out of them and bill every bit of it to the prosecutor in triplicate.
[16:21.060 --> 16:32.500] Let's dance, guys. That's what my suit's about and that's why it got up to probably in excess of
[16:32.500 --> 16:42.020] 200 million. And it's justified when you're talking about 990 million, actually 1.2 billion a year
[16:43.140 --> 16:48.980] in cost for this practice. 200 million is not a lot to get it all stopped. Hang on,
[16:48.980 --> 16:52.500] Randy Kelton, Brett Fountain, we'll go to the radio, we'll be right back.
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[20:07.780 --> 20:16.900] Okay we are back ready to tell from Brett Fountain move our radio and we're going
[20:16.900 --> 20:26.740] to go to our callers you've got a full call board but I'm going to Rob N.A. what is that Brett?
[20:29.540 --> 20:35.700] I think 2009 I think that's probably pulled in from caller ID or something.
[20:35.700 --> 20:43.060] I think 509 is Arkansas. If you're from 509 area code talk to us. Washington State.
[20:44.180 --> 20:49.460] Washington State okay. Right. I think it's 516 is the hillbilly number.
[20:51.620 --> 20:54.420] Right. Okay. You spoke last time.
[20:54.420 --> 21:04.340] Okay go ahead talk we're kind of breaking up. Okay we emailed up
[21:05.220 --> 21:12.180] you and Brett for a question as a result of talking to you the last time last Friday.
[21:13.140 --> 21:19.140] Okay wait who am I talking to? Oh Rob okay Robin Nathaniel that's why I've got N.A. there. Okay
[21:19.140 --> 21:26.180] okay okay okay I did not see the did you send them to Rovlar radio?
[21:31.140 --> 21:35.220] Yes it was sent to Rovlar radio and to Brett's email.
[21:37.860 --> 21:42.660] I get about 200 emails a day so I can't find it.
[21:42.660 --> 21:51.220] Brett do you have it here? It just popped up at 759. I got it right here.
[21:51.220 --> 21:57.860] Oh there we go I got it too. Okay current disposition heaven those are kind of big questions.
[22:00.740 --> 22:07.380] Wall of text. Yeah I see so would a declaratory review be submitted at any point in this procedure
[22:07.380 --> 22:12.500] based on the lack okay can you ask me that question a little shorter the first question?
[22:15.860 --> 22:23.620] Go ahead Nate. I think coming from the Ozarks right now I know Robert's over in Washington
[22:24.260 --> 22:28.820] I'm over here in the Ozarks and we're getting a lot of thunder lightning and rain
[22:29.620 --> 22:37.220] and it started when your past came on here. Okay okay try to find a place where you
[22:37.220 --> 22:41.300] can pull over something you're breaking you're breaking up and dropping out real bad.
[22:43.700 --> 22:50.740] Right my internet's a little shaky. Okay station get Nathaniel to call us.
[22:55.060 --> 22:59.540] I thought that wasn't Nathaniel. Okay well whoever it is we've lost them.
[22:59.540 --> 23:04.740] Okay so we have Rob at the beginning. Rob are you still there?
[23:08.660 --> 23:14.420] Well how about just read through this big question here and maybe that gives them a
[23:14.420 --> 23:20.420] chance to call back. No don't waste all that time on that I'll get them to ask the question
[23:21.780 --> 23:25.460] when they get back on and kind of slow it down you know.
[23:25.460 --> 23:36.420] Okay that's a lot of text. Okay let's go to Tina in California. Nathaniel if
[23:36.420 --> 23:39.460] you can hear me or Rob hang up and call back.
[23:39.460 --> 23:50.740] Okay Tina are you there? I'm here yes.
[23:54.260 --> 24:01.780] I just wanted to go over a couple of something that I briefly talked about before
[24:01.780 --> 24:08.100] and wondered if you have any insight in because I was asking a former attorney
[24:08.100 --> 24:15.540] about this and he said well you know it's all pie in the sky what the California suggests
[24:15.540 --> 24:20.180] but they never you know they don't have the money for it and never accounted for it and it was
[24:20.180 --> 24:26.580] talking about the right to counsel exists in California for all indigent civil defendants
[24:26.580 --> 24:35.540] under the common law and the United States Constitution. So if an inco in Chilhey right
[24:35.540 --> 24:44.420] to free counsel for civil living exists under California law how do we actually
[24:46.500 --> 24:55.780] get the state to grant that in civil cases when you're not a you know you're not incarcerated
[24:55.780 --> 25:03.220] because if you're incarcerated or you're illegal you can get free counsel but if you're just
[25:03.220 --> 25:10.340] in form of porpoise because you're not you know incarcerated at the moment there's no
[25:11.060 --> 25:17.540] there's nothing that says oh yes we'll give you free legal help but it's supposedly saying here
[25:18.340 --> 25:27.540] that California at least gives that right and has done you know since time began
[25:27.540 --> 25:36.420] and there's a court case in modern versus the superior court you know it says that the English
[25:37.620 --> 25:47.300] the English common law gave informal porpoise rights. So how do you suggest somebody like me
[25:47.300 --> 25:55.460] would try to get that counsel as in if I can get into the California Supreme Court on my appeal
[25:55.460 --> 26:03.380] or even in my new case how would I ask for it what what kind of format would I use and what
[26:04.900 --> 26:07.700] what language was used to persuade them that I have that right.
[26:08.740 --> 26:12.900] All of the courts have a standard form they want you to fill out
[26:15.700 --> 26:21.780] so you ask them for the form you fill out the form and then if the court denies it
[26:21.780 --> 26:29.780] then you file an appeal. Well I I've got the you make you make that argument in the appeal.
[26:30.580 --> 26:31.380] Free counsel.
[26:34.980 --> 26:42.020] Wait I missed something. Well I've already I've already been you know given the right
[26:42.020 --> 26:49.380] to file informal porpoise but this is saying here that California gives all those people who
[26:49.380 --> 26:55.780] have been given the informal porpoise entitlement to the right to free counsel.
[26:57.300 --> 27:02.580] Oh. Then you can have a free attorney and. And then just putting a request for court
[27:02.580 --> 27:10.340] appoint counsel they'll have a firm for that as well. Okay and then do I just quote this law.
[27:10.340 --> 27:16.020] No no you don't do that yet you give them an opportunity to deny it if they deny it then you
[27:16.020 --> 27:20.260] uh bought a motion for reconsideration and you put in your case law.
[27:22.260 --> 27:26.980] Ah okay because I thought I might as well try it. I mean what have I got to lose?
[27:28.100 --> 27:31.220] Exactly. And it might just put them on the you know
[27:32.740 --> 27:39.860] docket because it's saying that informal porpoise those who go pro se have a disadvantage
[27:39.860 --> 27:45.220] especially in appellate courts where they don't treat pro se as we found out and
[27:45.220 --> 27:51.060] brought experience with me um they don't treat this very well and they just rule out of you know
[27:52.340 --> 27:59.860] for against it just because they can. I had a county judge in an appeal from a
[27:59.860 --> 28:05.700] traffic case tell me that uh he would grant me no special favor he would treat me the same as a
[28:05.700 --> 28:12.420] lawyer and I told the judge I certainly hope you do but it's been my experience you treat
[28:12.420 --> 28:19.220] pro se litigants much worse than lawyers well mr calton you seem rather jaded about the courts
[28:19.940 --> 28:23.220] well your honor that's because it's not my first rodeo
[28:28.660 --> 28:33.460] but yeah I hope they treat us the same but uh you're just requested
[28:35.060 --> 28:38.740] and then when they deny it then you file a motion for reconsideration
[28:38.740 --> 28:44.740] and when they deny that then you use the motion for reconsideration for findings
[28:44.740 --> 28:50.420] effecting conclusions at law ask for that when they deny it then you file interlocutory appeal
[28:51.220 --> 28:54.180] yeah and you get your appellate brief basically written for you because you
[28:54.820 --> 29:02.980] already been bringing up these points okay now I'm getting ready to file my uh
[29:02.980 --> 29:12.260] um you know petition for um uh re hearing uh petition for review based on that ruling they gave
[29:12.260 --> 29:19.140] me and I have to file a petition for review for review and then try to get it into the supreme
[29:19.140 --> 29:25.780] court which they what I was reading the supreme court only hears less than 5 percent that's the
[29:25.780 --> 29:35.540] california supreme court less less than 5 percent of appeal so I thought yes that's a the supreme here
[29:35.540 --> 29:45.620] is less than 1 percent so you're out of luck basically if the supreme court decides they
[29:45.620 --> 29:52.660] don't want to hear you exactly so it depends on how much money you have okay okay hang on
[29:52.660 --> 29:56.180] back to our sponsors randy kelton berth felton we'll be right back
[30:02.260 --> 30:06.660] it's clear cell phones have changed the way we live and work but have they negatively affected
[30:06.660 --> 30:10.900] our health i've got your kathryn albright and i'll be back in just a moment with new findings
[30:10.900 --> 30:17.620] about how cell phones may actually alter our brain chemistry privacy is under attack when you give
[30:17.620 --> 30:22.980] up data about yourself you'll never get it back again and once your privacy is gone you'll find
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[30:41.220 --> 30:48.420] over with start page cell phones emit radio frequency energy it's a fact but whether it's
[30:48.420 --> 30:52.820] dangerous to have a phone beaming this kind of radiation near your head has been disputed
[30:52.820 --> 30:57.780] some have blamed it for brain tumors while cell phone companies have downplayed concerns well now
[30:57.780 --> 31:02.900] the journal of the american medical association is confirming that cell phones affect brain chemistry
[31:02.900 --> 31:08.100] a study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.100 --> 31:12.980] to the cell phone antenna increases when the cell phone is on while researchers aren't sure whether
[31:12.980 --> 31:18.740] this exposure causes damage i'm not taking any chances i always keep the phone far from my body
[31:18.740 --> 31:23.780] and i use a corded headset i've got your kathryn albright more news and information at kathryn
[31:23.780 --> 31:36.100] albright dot com i lost my son my nephew my uncle my son on september 11 2000 most people don't know
[31:36.100 --> 31:42.260] that a third tower fell on september 11 world trade center seven a 47 story skyscraper was not hit
[31:42.260 --> 31:48.100] by a plane although the official explanation is that fire brought down building seven over 1200
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[31:52.340 --> 31:58.500] bring justice to my son my uncle my nephew my son go to building what dot org why it fell
[31:58.500 --> 32:04.500] why it matters and what you can do logos radio network welcomes a new show to our lineup for
[32:04.500 --> 32:10.660] the new year scripture talk with nano will begin wednesday january eighth from eight to ten p.m
[32:10.660 --> 32:17.060] central time our goal is in accord with matthew five sixteen let your light so shine before men
[32:17.060 --> 32:22.740] that they may see your good works and glorify your father which is in heaven we wish to reflect
[32:22.740 --> 32:28.580] god's light and be a blessing to all those with a hearing ear join nano and guests for both verse
[32:28.580 --> 32:35.220] by verse bible studies and topical bible studies designed to provoke onto love and good works our
[32:35.220 --> 32:40.340] verse by verse bible studies will begin in the book of matthew where we will discuss one chapter
[32:40.340 --> 32:46.500] per week our topical bible studies will vary each week and will explore sound doctrine as well as
[32:46.500 --> 32:52.420] christian character development so mark your calendar and join us live on logos radio network
[32:52.420 --> 32:58.660] dot com wednesdays from eight to ten p.m starting january eight for an inspiring and motivating
[32:58.660 --> 33:08.660] discussion of the scriptures you're listening to the logos radio network and logos radio network
[33:08.660 --> 33:17.220] dot com
[33:17.220 --> 33:43.780] and i'm gonna solve them to the government them prosecute them okay
[33:47.220 --> 33:54.260] okay we are back brandy kelton-brett trotton blue blood radio and we're talking to tina in
[33:54.980 --> 34:04.340] california and tina there was someone oh uh i was going to reference you to someone who was on our
[34:06.100 --> 34:12.340] telegram page she was giving us some interesting sayings from ireland
[34:12.340 --> 34:21.460] and gailey and i was going to tell her i got somebody else who speaks for the strange foreign
[34:21.460 --> 34:35.700] accent i thought you you too might get it off okay okay so i wish people and the english people
[34:35.700 --> 34:43.060] have uh hit it off where did you know they're here yeah some of us do
[34:47.700 --> 34:56.020] so they're trying to find a common ground the language is usually they feed you very well in
[34:56.020 --> 35:07.220] ireland very much say that again i said they feed you very well in ireland oh and they make it yes
[35:07.220 --> 35:19.220] when you and they make a good whiskey too okay so day one day i'm going to suggest that the likelihood
[35:19.220 --> 35:28.740] of the supreme picking up your case is really really small we put in a really good brief
[35:29.540 --> 35:39.220] where i ask the court to uh what do you call it brief when you oh distinguish jazanowski
[35:40.820 --> 35:46.340] it was really a good brief and it took them nine months to decide not to take it
[35:46.340 --> 35:56.740] it wow i took that as a good side but uh and it was something that needed it needed to be
[35:56.740 --> 36:02.420] distinguished because it went to rescission and jazanowski granted you a right to decision
[36:03.780 --> 36:10.580] after the closure and the courts were treating rescission as only being available pre foreclosure
[36:10.580 --> 36:17.780] correct but but they refused to hear it but he held them off for nine months
[36:19.780 --> 36:25.300] but if i'm not going is it worth me even doing it if i'm not going to be heard i've got a good
[36:25.300 --> 36:33.060] brief written you've seen it but uh they don't put it in there anyway makes it's good practice
[36:33.060 --> 36:44.100] good practice okay well i'm sure they'll deny it but um i do want to i don't want to challenge this
[36:44.100 --> 36:55.380] you know you know for anyone who has the case that really matters before you do the case that
[36:55.380 --> 37:01.140] really matters if you anywhere you can do a different case and take it all the way through
[37:01.140 --> 37:10.100] to the end tina if you start another case how much different do you think the next
[37:10.100 --> 37:16.900] case will be than this one was i've already started another case against the attorneys
[37:18.020 --> 37:25.300] and the same argument it's all about the rest you've got it yeah but this time you know what's
[37:25.300 --> 37:32.020] going to happen front to back now you better know how to handle yourself you know when i
[37:32.020 --> 37:42.500] bill please i'm always building my appeal doc appellate document document everything's about
[37:42.500 --> 37:52.100] the appellate document i bill my first complaint but in building it i'm looking at how this will
[37:52.100 --> 37:56.980] set me up for my appellate document i've got someone going to bring on in a moment
[37:58.180 --> 38:02.340] and built a document for him and he commented there's a lot of case law in it let's see yeah
[38:02.340 --> 38:09.940] that's in that's in there for as we move along through the process we'll keep referring back to
[38:09.940 --> 38:17.380] this uh we give the document to the court to court marud against it and then we'll take that same
[38:17.380 --> 38:25.380] document and adjust it somewhat based on how the judge denies it make some adjustments
[38:26.020 --> 38:32.980] file it a little more sophisticated file it to the point that it's actually a primer
[38:32.980 --> 38:39.620] for my appellate document asking the judge to either give us findings of facts and conclusions
[38:39.620 --> 38:47.540] at law or accept the one we just gave you and he denies that and now we take that document make
[38:47.540 --> 38:54.900] a little adjustment to it and it's ready for the appellate court so instead of making them separate
[38:55.540 --> 39:00.900] and once you've been through the whole process say i've actually i wrote that
[39:00.900 --> 39:10.820] for to prepare me for the cert the for the supreme court so even the appellate document
[39:10.820 --> 39:16.900] is designed to set me up for the cert so i just have to take that i take the areas where they
[39:16.900 --> 39:24.820] denied us and and drag those out and turn that into the cert it makes you work a whole lot more
[39:24.820 --> 39:32.660] efficient so you need to go through one front to back there will be a tremendous amount of
[39:32.660 --> 39:39.620] questions you won't be asking us anymore and there will be a lot of tricks and traps that you will
[39:39.620 --> 39:49.380] not fall into i really like to do this on traffic tickets big deal traffic tickets and on traffic
[39:49.380 --> 39:57.060] tickets then judges they treat it like big deal so they screw up a lot more give you a lot more
[39:57.060 --> 40:06.580] stuff to throw at them so absolutely do the cert you never know they might just actually pick it up
[40:08.740 --> 40:15.300] okay i can also put in here um that because i was not given the right to free cancel as a
[40:15.300 --> 40:23.860] uh you know indigent levitant and i was not given the right to um a free uh court recorder which
[40:23.860 --> 40:30.020] california gives those rights um then that harmed my case and so they should hear it
[40:30.020 --> 40:38.740] and send it back so that that's okay what the what the supreme can do they can look at it
[40:38.740 --> 40:47.220] it and send it back without actually hearing it before the supreme and tell the lower courts
[40:47.220 --> 40:53.860] fix this before we get it because if we get this we're going to hammer you and so a lot of them
[40:53.860 --> 41:01.620] they just send back and have the courts redo it without doing a full pre-assert before the supreme
[41:01.620 --> 41:10.020] so where you have been denied assistance of counsel there's a good chance they'll send it back certainly
[41:10.020 --> 41:16.180] was a shot well that's what i'm thinking because it says in one of these cases that the court the
[41:16.180 --> 41:25.140] lower courts a trial judge knew of the or should have known of the actual status of the party being
[41:25.140 --> 41:33.300] um an indigent and former paupers litigant and should have suggested do you want to have a
[41:33.300 --> 41:37.940] free court reporter or would you like a less expensive shorthand reporter which i guess
[41:38.500 --> 41:45.380] i didn't know they had a less expensive shorthand reporter um it's not out there it's
[41:45.380 --> 41:49.300] very difficult to find and i only found these cases just this last week
[41:49.300 --> 41:54.980] and for you a shorthand court reporter would be just as good
[41:57.620 --> 42:03.140] because they pretty well get everything so so my opinion i would go for it
[42:04.180 --> 42:08.340] yeah well they've taken everything but but that's that's easy for me to say because i
[42:08.340 --> 42:15.220] don't have to write it that's true but you're going to have to read it and check it for me
[42:15.220 --> 42:20.340] i can do that i could breath okay well i'll let you go to
[42:21.140 --> 42:26.660] oh well brett might interject some good humor like he does on his that would be good yes
[42:29.780 --> 42:36.420] okay well i'll let you thank you tina and i'll go to the listen line okay thank you now we're
[42:36.420 --> 42:45.220] going to go to david in austin this is david's an old friend of mine we were in business together
[42:45.940 --> 42:55.380] during the foreclosure crisis and he wants to talk about income tax he does income tax
[42:55.380 --> 43:03.780] and it's that season but you had something else david yes what were you referring to
[43:03.780 --> 43:10.900] soon not to deduct the taxes yeah you had another issue you wanted to bring before we talk about
[43:10.900 --> 43:22.020] taxes yes um scheduled for a hearing on the uh we got sued by the homeowner association for
[43:22.020 --> 43:29.700] foreclosure because of fees and things that we've already paid and so we sued the homeowner
[43:29.700 --> 43:39.860] association back for filing a fraudulent lien on us and we sued the law firm that is okay okay david
[43:39.860 --> 43:45.780] times up that's it have a good night hang on we're going to break
[43:45.780 --> 43:58.740] it brandy kelton brett fountain we're on radio i call in number five one two six four six 1984 we'll be right back
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[45:57.860 --> 46:07.860] eight six six law easy
[46:07.860 --> 46:17.860] oh
[46:27.860 --> 46:34.420] okay we are back randy kelton breath fountain rule of law radio and we're talking
[46:34.420 --> 46:40.980] to david in austin now he'll be back in just a second i had him hang up and call back on the
[46:41.700 --> 46:47.620] bridge line so we'll free up a line on the board so we'll have another board line open
[46:48.980 --> 46:57.700] but uh known david a long time he's an old jarhead x marine pilot and he's really good with
[46:57.700 --> 47:08.820] income tax and what david says is never fight with the irs when you go to the irs you got these irs
[47:08.820 --> 47:17.540] agents and they're busy people if you give them what they want to see they will sign off on your
[47:18.980 --> 47:27.060] irs issue and all they need to do is you know he never has a problem being audited he knows what
[47:27.060 --> 47:35.380] they need to see he gives it to him and that goes away a lot of people get into irs issues
[47:36.420 --> 47:47.780] and they fight with the irs and after a while it stops being about the their original issue
[47:47.780 --> 47:57.780] and it starts being about the fight and you kind of forget where you're at and wind up getting
[47:57.780 --> 48:05.540] yourself in more trouble so it looked like the bridge line didn't work david's back okay david
[48:05.540 --> 48:17.620] david you there i guess the bridge bridge line didn't work okay okay here david has you know
[48:17.620 --> 48:26.660] david i've been talking about this for a long time and what i want to do is you know david's
[48:26.660 --> 48:35.780] he's a really really old guy he is so old he's even older than me
[48:37.620 --> 48:46.180] barely okay okay barely but it looked like what what we saw in there they were overcharging it
[48:47.300 --> 48:52.660] and now they use those overcharges now they're trying to foreclose on his part on the property
[48:52.660 --> 49:00.420] and take the property and what's his property worth david by now around 700 000 and we owe less than
[49:00.420 --> 49:08.820] half that on it yeah so and and they're trying to foreclose on it for 20 000 over a 20 000
[49:08.820 --> 49:15.860] dollar debt that they're claiming and and that's all attorney fees bratt have you looked at attorney
[49:15.860 --> 49:22.500] fees i don't think they can foreclose for attorney fees i have no idea okay well i don't think they
[49:22.500 --> 49:28.740] can but we're taking taking debt aside to foreclose on a three quarter of a million dollar house
[49:30.100 --> 49:39.780] for 20 000 is absurd especially when david has paid them all the back charges or they were charging
[49:39.780 --> 49:47.540] your what five thousand and then you the latest law firm you forced them to act actually get an audit
[49:47.540 --> 49:53.300] and it turned out you owed exactly what you told them you did so they dropped all that
[49:54.020 --> 50:00.420] how did they keep it back at 20 000 how did they keep all these attorney fees attached
[50:02.340 --> 50:08.900] what they were doing is they when the law firm first contacted us they attached the lien the
[50:08.900 --> 50:20.740] fraudulent lien they put on the house and it was for 10 year old paid debts and the assessment dues
[50:20.740 --> 50:27.700] and late fees and lien fees just stuff they made up well you know all this stuff was past
[50:27.700 --> 50:33.700] statute limitations but for the last 10 years they've been billing us for five to ten thousand
[50:33.700 --> 50:39.380] dollars and i've been sending validation dispute letters just like michael mirris said validation
[50:39.380 --> 50:47.060] dispute letters and finally in this last law firm that they attached this fraudulent lien i
[50:47.060 --> 50:52.580] sent them a validation dispute letter and i wrote across the top of it validation dispute letter
[50:52.580 --> 50:59.380] and in the body i said and i demand that you remove the fees that are outside the statute
[50:59.380 --> 51:07.540] limitations well boom all of a sudden they did that and i demanded that they do a ledger audit
[51:07.540 --> 51:14.100] of the account and they did that too and they came back and said oh we were wrong all you owe
[51:14.100 --> 51:20.340] is nineteen hundred and eighteen dollars now they've always been billing us for five thousand
[51:20.340 --> 51:25.700] to ten thousand all the way through for ten years so i wrote them a check for nineteen eighteen
[51:25.700 --> 51:31.700] and sent it to them now the lawyers told them to hide the check don't cash it and act like they
[51:31.700 --> 51:39.540] haven't paid anything and so they're doing that and we agreed that any undecided fees would pay them
[51:40.420 --> 51:46.820] a little bit per month fifty bucks per month on the unsettled fees till we reach the settlement
[51:46.820 --> 51:51.060] and so i've been doing that too now then they sent me a letter back said we're not taking these
[51:51.060 --> 51:57.140] fifty dollar checks we're going to send them back to you we don't accept it and so they're holding
[51:57.140 --> 52:03.060] all them too and saying that we haven't paid anything so they got okay okay they said they
[52:03.060 --> 52:09.300] were going to send them back but they didn't no i don't think they can because the uniform
[52:09.300 --> 52:15.700] commercial code says that once the debt is tendered in legal payment then that debt is discharged
[52:15.700 --> 52:23.060] and i've mentioned that to them several times they just ignore it okay well you're some old
[52:23.060 --> 52:31.060] retired guy with no resources that's what was concerning me right david i don't think you're
[52:31.060 --> 52:38.260] the only old retired guy with no resources in that development is it reasonable to think
[52:38.260 --> 52:48.340] that they would do this to only you it's it's nearly positive that they have done it because
[52:48.340 --> 52:55.700] we found out that the general managers or the president the management of the homeless association
[52:55.700 --> 53:01.620] for the last 10 years were stealing money from the homeless association to the tune at least two of
[53:01.620 --> 53:08.660] them of $30,000 each up to $30,000 each and that's why they didn't audit our account
[53:10.020 --> 53:16.500] so they had to make up for that and absolutely i wonder how many properties they foreclosed on
[53:16.500 --> 53:25.700] throwing older people out in the street very good question very good question we need to raise
[53:25.700 --> 53:32.500] that question well right now they were they filed a challenge to subject matter jurisdiction will
[53:32.500 --> 53:40.580] you talk about that one david yes they filed what was just a little simple
[53:42.820 --> 53:48.340] well i wrote to the law firm and i said this goes to the president or general manager and this is
[53:48.340 --> 53:56.580] what you've done and this needs to be corrected now and the actual law firm head of the law firm
[53:56.580 --> 54:03.460] sent in a one-page motion to the court that was titled plea to jurisdiction well they didn't even
[54:03.460 --> 54:08.340] say what the plea was or anything but when i talked to a couple lawyers about it they said
[54:09.380 --> 54:14.420] wait a minute wait a minute it's worse than that they said they titled it plea to jurisdiction
[54:14.420 --> 54:20.740] and their plea to jurisdiction was one sentence and it says one we challenge the jurisdiction of
[54:20.740 --> 54:34.500] the court that's it okay brett what is that challenging the jurisdiction yeah the whole
[54:35.220 --> 54:41.860] the the points in authority section they had a title and under the title the title was
[54:41.860 --> 54:46.900] challenged the jurisdiction and under it was one sentence that said we challenge the subject
[54:46.900 --> 54:54.420] matter jurisdiction of the court period now that was exactly how flyer what for it
[54:56.420 --> 55:04.900] yeah so they did not give the you know the court has has two duties determine the facts in accordance
[55:04.900 --> 55:08.740] with the rules of evidence apply the laws it comes to him with the facts in the case
[55:08.740 --> 55:16.900] that's all they can do in this case he has a fact they are going to challenge jurisdiction
[55:17.700 --> 55:26.180] okay guys give me that challenge well it wasn't there this is a seasoned law firm
[55:26.180 --> 55:32.900] they've been around a long time how do they do something that stupid and this is a
[55:32.900 --> 55:39.300] state partner they wrote it so they must think they know somebody yeah we're you know we're just
[55:39.300 --> 55:45.380] proceeds but we wouldn't imagine challenging subject matter jurisdiction with nothing in it
[55:45.380 --> 55:53.700] yeah and they think they know somebody i believe when i looked at it i thought i think these guys
[55:53.700 --> 56:00.420] believe they've got somebody who really doesn't know what they're doing and they're hoping you
[56:00.420 --> 56:10.100] don't respond to this then they get default judgment if the if the judge doesn't read the pleading i
[56:10.100 --> 56:15.940] don't see how they can do it even then because they gave the judge no facts in law and you i think
[56:15.940 --> 56:22.500] you're right david they probably feel like they know somebody yeah but they i don't think they
[56:22.500 --> 56:31.140] realize they got a hold of an old jarhead no don't mess don't mess with jarheads especially don't mess
[56:31.140 --> 56:42.100] with old disgruntled jarheads that's right they will give you a fight and so we filed a
[56:42.100 --> 56:52.660] a motion for to dismiss and a motion for sanctions they sued claiming david owed
[56:52.660 --> 56:57.940] twenty thousand dollars and we they filed this stupid pleading so we asked for twenty five
[56:57.940 --> 57:06.580] thousand in uh sanctions and that's not an unreasonable amount a law firm to file a suit
[57:06.580 --> 57:16.020] like this charge a lot more than that so an amount sufficient to give not only this law firm but
[57:16.020 --> 57:22.020] other law firms reason not to do something this stupid twenty five thousand is relatively small
[57:22.020 --> 57:30.500] amount and if he gets the twenty five thousand in sanctions then uh if you get sanctions you
[57:30.500 --> 57:36.820] get against the lawyer that's one thing collecting it's in the whole other deal but since they're
[57:36.820 --> 57:45.220] claiming twenty thousand he can claim tender by set off tender to twenty thousand by set off
[57:45.220 --> 57:53.460] against the twenty five thousand dollar claim and those guys are toast now the only thing left is
[57:53.460 --> 58:03.860] david's countersuit sound like fun david sound like a lot of fun and the countersuits are trying
[58:03.860 --> 58:08.420] to duck right now they're just trying to get their own home or association on the bus and they're
[58:08.420 --> 58:16.980] trying to get themselves back yeah i think they have another problem they don't realize you know
[58:16.980 --> 58:24.020] your case is not very big and they're you know in the big time busy working on really important
[58:24.020 --> 58:33.700] cases and they didn't pay attention your case although it looks small uh when you file an
[58:33.700 --> 58:41.940] amended pleading uh they're going to get apoplexy hang on we'll talk about this when we come back
[58:41.940 --> 58:50.580] on the other side randy chelton but i found rule of law radio we'll be right back would you like
[58:50.580 --> 58:56.820] to make more definite progress in your walk with god bibles for america is offering a free study
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[59:39.620 --> 59:48.900] zero two that's eight eight eight five five one zero one zero two or visit us online at bfa.org
[59:50.740 --> 59:54.820] live free speech radio logos radio network dot com
[59:54.820 --> 01:00:04.260] the following these flashes brought to you by the low star lowdown
[01:00:06.180 --> 01:00:10.580] markets for monday the 22nd of july 2019 opened with precious metals gold
[01:00:10.580 --> 01:00:14.340] one thousand four hundred twenty nine dollars an ounce silver sixteen dollars and forty five
[01:00:14.340 --> 01:00:18.980] cents an ounce copper two dollars and seventy five cents an ounce oil texas crude fifty five
[01:00:18.980 --> 01:00:23.300] dollars and sixty three cents a barrel brand crude sixty two dollars and forty seven cents a barrel
[01:00:23.300 --> 01:00:27.460] and cryptos in order of market cap bitcoin core ten thousand five hundred sixty six
[01:00:27.460 --> 01:00:32.660] dollars and fifty two cents ethereum two hundred twenty seven dollars and twenty six cents xrp
[01:00:32.660 --> 01:00:37.940] ripple thirty three cents light coin a hundred dollars and thirty one cents and bitcoin cash is
[01:00:37.940 --> 01:00:48.660] at three hundred twenty four dollars and ten cents a crypto coin history the year 1916 the
[01:00:48.660 --> 01:00:54.580] preparedness day bombing a time suitcase bomb was detonated on market street in san francisco
[01:00:54.580 --> 01:01:00.180] during the world war one preparedness day parade killing 10 and entering 40 today in history
[01:01:04.420 --> 01:01:09.700] and recent news since governor greg abbott signed house bill 1325 legalizing habit attacks
[01:01:09.700 --> 01:01:14.820] his law back in june county prosecutors around the state including houston austin sandtonium
[01:01:14.820 --> 01:01:19.140] have been dropping marijuana possession charges and even refusing to file new ones since they are
[01:01:19.140 --> 01:01:24.500] stipulating that they do not have the time or the laboratory equipment to test the earth for thc
[01:01:24.500 --> 01:01:29.140] margaret more the travis county district attorney announced earlier this month that she was dismissing
[01:01:29.140 --> 01:01:34.340] 32 felony possession and delivery of marijuana cases because of the law mr abbott and other
[01:01:34.340 --> 01:01:38.420] state officials and including the attorney general stipulated in a letter to county district
[01:01:38.420 --> 01:01:43.300] attorneys back on thursday that marijuana has not been decriminalized in texas and that these
[01:01:43.300 --> 01:01:49.780] actions demonstrate a misunderstanding of how hb 1325 works as well as other cities too like the
[01:01:49.780 --> 01:01:56.820] district attorney in el paso kima asparza a democrat who also stated earlier this month that the law
[01:01:56.820 --> 01:02:02.580] quote will not have an effect on the prosecution of marijuana cases in el paso however the issue
[01:02:02.580 --> 01:02:07.540] was succinctly summarized by mr brandon ball and assistant public defender in harris county who
[01:02:07.540 --> 01:02:12.020] stated that quote the law is constantly changing on what makes something illegal based on its
[01:02:12.020 --> 01:02:17.060] chemical makeup it's important that if someone is charged with something the test matches what
[01:02:17.060 --> 01:02:26.180] they're charged with a paper by tulane university identified a five and a half inch american
[01:02:26.180 --> 01:02:31.860] pocket shark as the first of its kind in the gulf of mexico the specimen being only the second
[01:02:31.860 --> 01:02:37.540] pocket shark ever captured or recorded with the other one being found way back in 1979
[01:02:37.540 --> 01:02:42.820] east pacific ocean according to the university paper the sharks creates a luminous fluid from
[01:02:42.820 --> 01:02:49.780] a gland near its front fins for the purpose it is hypothesized to lure and pray who may be drawn into
[01:02:49.780 --> 01:03:08.260] the glow this is roof roadie of your lowdown for july 22nd 2019
[01:03:08.260 --> 01:03:16.900] i read his book and he says he cares what's over the other side of you
[01:03:19.220 --> 01:03:22.100] these warmongers come by that term right
[01:03:28.020 --> 01:03:34.740] i won't pay for the war with my body she ain't gonna pay for the car with my money
[01:03:34.740 --> 01:03:43.300] i won't pay for the fun with my body okay we are back we're in the kelton brett fountain
[01:03:43.300 --> 01:03:53.540] rule of law radio we're talking to david and austin okay so we're actually playing in a chess game
[01:03:53.540 --> 01:04:03.300] here uh what i think yeah i was talking to brett on the break about this i think these lawyers
[01:04:03.300 --> 01:04:11.940] are busy with bigger cases and to them a little 20 000 case is chump change and they'll look at it
[01:04:11.940 --> 01:04:20.580] mess with it when they don't have something better to do but david you filed a was it 32.47
[01:04:20.580 --> 01:04:33.460] notice to remove fraudulent lean yes i did that's like a landmine laying in the same
[01:04:34.500 --> 01:04:43.540] yes go ahead say that i can't interrupt you uh when they filed the fraudulent lean
[01:04:44.340 --> 01:04:49.220] i took their fraudulent lean and i filed a notice of fraudulent lean right on top of it
[01:04:49.220 --> 01:04:56.900] it and attached theirs to it and showed why it was fraudulent and the fact that only three years ago
[01:04:56.900 --> 01:05:02.420] the total expense on this case was less than five thousand dollars now all of a sudden they came up
[01:05:02.420 --> 01:05:08.980] with over 10 000 in attorney's fees and late fees lean fees and then told me that the only amount
[01:05:08.980 --> 01:05:14.500] i really owed was nineteen hundred and eighteen dollars and then i told them and the law firm
[01:05:14.500 --> 01:05:21.220] certified letters to remove that fraudulent lean immediately and that was so i'm not good
[01:05:23.220 --> 01:05:26.580] and under the code they got 60 days 72 what's it
[01:05:28.580 --> 01:05:37.860] wait say that again what did you call that the notice of fraudulent lean 32.47
[01:05:37.860 --> 01:05:49.620] code it texas penal code okay good so that one gives them 60 days to remove the lean
[01:05:49.620 --> 01:05:56.740] they don't class a misdemeanor so what these lawyers aren't expecting is that you're
[01:05:56.740 --> 01:06:04.420] going to take criminal charges to the grand jury how do you think a bunch of shyster lawyers
[01:06:04.420 --> 01:06:11.780] are going to fare before grand jury now now they don't indict my public officials but these shysters
[01:06:11.780 --> 01:06:18.980] are not public officials and what do you think the lawyers are going to think when we're pushing
[01:06:18.980 --> 01:06:25.620] toward a grand jury this is not something lawyers ever do to each other and mostly for the most part
[01:06:26.180 --> 01:06:28.900] pros and litigants don't have a clue that they can do this
[01:06:28.900 --> 01:06:36.020] when they get criminal charges against them and get an investigator down there
[01:06:36.740 --> 01:06:42.020] investigating into the accusation and and a bar grievance accusing them of this
[01:06:43.300 --> 01:06:49.620] this puts it on the record everywhere this may be the kind of thing you can get someone
[01:06:49.620 --> 01:07:00.260] sanctioned for by the bar and that will hurt their entire business big time i'm betting
[01:07:00.260 --> 01:07:05.460] that when you get the criminal charges in you're going to get an offer to settle
[01:07:09.860 --> 01:07:16.980] i think that may happen when we get the bar grievances in i needed to mention to brett
[01:07:16.980 --> 01:07:23.060] that brett gave me some excellent schooling on bar grievances and i've been studying it
[01:07:23.620 --> 01:07:29.380] and one of the questions i've got is i noticed that they want you to send all kinds of attachments
[01:07:29.380 --> 01:07:36.260] letters documents things that you're referring to with the bar grievance now is that something that
[01:07:37.540 --> 01:07:45.380] you generally do up front or do they uh you add those those later because that would end up
[01:07:45.380 --> 01:07:49.780] you know you you can't work on a bar grievance if you try to file it online they want you to put it
[01:07:49.780 --> 01:07:54.180] in there you won't even get a copy of it when you finish so you got to do it right along
[01:07:54.180 --> 01:08:02.580] here okay now now you do they fix that when you uh i don't use that though i don't depend on it
[01:08:02.580 --> 01:08:07.220] because if it doesn't work then i want my copy i want to be able to send it via fax and if
[01:08:07.220 --> 01:08:11.300] their fax machine doesn't answer i want to be able to send it to the executive director in his email
[01:08:11.300 --> 01:08:17.620] i have my copy as a pdf and that's the only way i'll do it anymore so but that's a good news brett
[01:08:17.620 --> 01:08:23.780] because i just checked that yesterday and it wasn't working yesterday it's still my two cents
[01:08:23.780 --> 01:08:32.740] it gets you rushed with no copy you don't know when you after you send it then it will send you back
[01:08:32.740 --> 01:08:39.940] a uh essentially a synopsis of the grievance all the stuff you put in is in this room
[01:08:39.940 --> 01:08:45.460] put in is in this report they send back to you but you don't get that until after you submit the bar
[01:08:45.460 --> 01:08:53.700] agreements so now we are getting a hard copy showing that the grievance was filed
[01:08:57.220 --> 01:09:01.860] and i need you baby i need to zoom in hard copy form pdf form
[01:09:01.860 --> 01:09:11.380] yeah you can do that they asked Scott Richardson to stop doing that said they had to hire an extra
[01:09:11.380 --> 01:09:22.020] person to process all of them he had so many well that was my next question because i've got
[01:09:22.020 --> 01:09:27.300] so many letters back and forth to so many of their lawyers they've involved four lawyers now with me
[01:09:27.300 --> 01:09:32.900] and when i bar grieve ever one of them one of them they referred me to to contact him and i called
[01:09:32.900 --> 01:09:37.780] him and sent letters he'd never contact me back that's a bar grievance in itself it's the top one
[01:09:37.780 --> 01:09:47.380] yeah okay wait there's more than that brett tell him you started a monster here wonderful
[01:09:48.660 --> 01:09:55.700] brett tell him about all the other lawyers in the firm oh oh well recently i love it
[01:09:55.700 --> 01:10:04.820] say it again i think he's talking about the the one where um they were trying to take a lady's house
[01:10:04.820 --> 01:10:13.220] away and the first lawyer that got herself involved well one bar grievance and she just
[01:10:13.220 --> 01:10:20.420] disappeared she no longer works for the firm she's gone and the second bar grievance went to the
[01:10:20.420 --> 01:10:30.020] second lawyer and then we reported i i've helped this lady to report that unethical behavior of
[01:10:30.020 --> 01:10:35.540] that lawyer to a whole bunch of other people in the firm including all the partners of the firm
[01:10:36.340 --> 01:10:40.180] well it didn't take very long before they were all getting their bar grievances
[01:10:40.740 --> 01:10:46.740] if i curiously responsible for the the low man on the totem pole having been allowed to
[01:10:46.740 --> 01:10:52.260] run amok and commit crimes and all that so then they're all getting bar grieved and and the next
[01:10:52.260 --> 01:10:58.260] time they had a hearing they had been through all of the partners and they had a new guy in there
[01:10:58.260 --> 01:11:04.500] and he was number 10 and the judge was a little miffed about it why do you keep changing your
[01:11:04.500 --> 01:11:10.420] lawyers i i like you i want i want you to still be here next time uh i keep on seeing all these
[01:11:10.420 --> 01:11:20.740] new faces and here's the problem david if the lawyer tells him why you're bargaining for that
[01:11:23.300 --> 01:11:26.980] all right yeah he can't tell us anything about it
[01:11:29.220 --> 01:11:34.420] but david to answer your other question about how how do you bring all these exhibits and
[01:11:34.420 --> 01:11:41.140] evidence into to play i would say don't worry about it it's a waste of time the likelihood
[01:11:41.140 --> 01:11:47.860] of you being one in the million that gets that they pick up and say well i guess we're gonna
[01:11:47.860 --> 01:11:53.140] have to do a token disciplinary action now we've been throwing all these in the trash let's let's
[01:11:53.140 --> 01:11:59.220] let's do a disciplinary action today how about this one you the chance of you being that one
[01:11:59.220 --> 01:12:05.940] is so low it's not worth your time the effect that you're having is don't think of it as the
[01:12:05.940 --> 01:12:15.300] disciplinary action part being the goal so if you think of it as you're you're affecting
[01:12:15.300 --> 01:12:22.580] their insurance you're you're basically slapping them for their unethical behavior and they're
[01:12:22.580 --> 01:12:28.500] going to have to pay for it in terms of an increased premium if they want to continue to have
[01:12:28.500 --> 01:12:33.700] malpractice insurance then they're going to have to pay a higher premium you've just affected that
[01:12:33.700 --> 01:12:41.780] without any evidence that's unfortunate in a way but that's the only process they give us and so
[01:12:42.740 --> 01:12:51.940] in a sense that is absolutely unfair to those poor beleaguered lawyers
[01:12:51.940 --> 01:13:00.420] i'll give it a second thought then i can tell you just did
[01:13:04.340 --> 01:13:10.900] yeah so no no need for including exhibits of everything just i mean say it in there be honest
[01:13:10.900 --> 01:13:16.900] and say what it is that they violated a rule oh and be sure you say a rule i think you know this
[01:13:16.900 --> 01:13:24.020] but just for everybody say the rule site that this is rule 3.09 subsection b they violated it go
[01:13:24.020 --> 01:13:28.980] ahead and quote it right there in the middle of your bar grievance because that gives them no place
[01:13:28.980 --> 01:13:35.380] to say well you didn't allege any what wait a minute what wait a minute bratt i read their
[01:13:35.380 --> 01:13:41.940] instructions and they told me not to do that they said don't include it in case law either but we'd
[01:13:41.940 --> 01:13:52.740] like to throw that in there sometimes and deal with it guys do you what britt what do you call
[01:13:52.740 --> 01:14:01.700] the rule isn't there a full name for it when you're referring to it the rule oh so there's a whole
[01:14:01.700 --> 01:14:07.380] list of 118 pages of rules that the attorneys have to follow in texas each state bar has their own
[01:14:07.380 --> 01:14:13.220] list of rules in there what's what's the name of it the texas disciplinary rules of professional
[01:14:13.220 --> 01:14:22.980] conduct you can also find it on the american bar association sites in american bar association
[01:14:22.980 --> 01:14:29.700] standards american bar dot org they have the model rules but you don't want to cite those
[01:14:29.700 --> 01:14:32.980] you want to cite the ones that are for your state but they're almost going to be identical
[01:14:32.980 --> 01:14:41.620] but for citing reasons even to the numbering they're almost identical and every state is almost
[01:14:41.620 --> 01:14:48.100] to say i think there were three states that didn't adopt the state the model rules but you know the
[01:14:48.100 --> 01:14:53.140] government had the bar put these together and ask all the states to adopt them all of them did
[01:14:53.140 --> 01:14:59.700] but three and then the states make some adjustments so if you read one set that's enough don't worry
[01:14:59.700 --> 01:15:08.100] about it just cite whatever it is if you get the wrong citation deal with it guys you've still
[01:15:08.100 --> 01:15:17.620] rung their bell now what i'm saying is don't stress over that part so when you're referring
[01:15:17.620 --> 01:15:29.620] for instance like to rule 1.02c the council will not the the lawyer both council is quite engaged
[01:15:29.620 --> 01:15:35.620] in criminal or fraudulent behavior do you call that a rule of disciplinary conduct or just
[01:15:35.620 --> 01:15:43.860] i'm referring to rule number pair then just give that okay this is how i do it i take the rule
[01:15:45.220 --> 01:15:53.460] and i write my complaint in the verbiage of the rule but i don't specifically cite the rule itself
[01:15:53.460 --> 01:16:02.660] they said they don't want us to cite the rule okay so i'll write the rule and not say what it is
[01:16:06.340 --> 01:16:07.860] okay good sounds good
[01:16:10.580 --> 01:16:14.020] and i do that just to be annoying because they know i'm doing that on purpose
[01:16:15.460 --> 01:16:18.580] i don't really care i just go ahead and put it in there 1.02c
[01:16:18.580 --> 01:16:23.860] see shall not assist or counsel a client to engage in conduct that the lawyer knows is
[01:16:23.860 --> 01:16:26.980] criminal or fraudulent so i'll put that in there and then i'll turn around and say
[01:16:28.260 --> 01:16:32.660] night heart assisted or counsel a client to engage in conduct that night heart knows is
[01:16:32.660 --> 01:16:40.180] criminal or fraudulent boom this is my statement and then you can back it up and show how
[01:16:40.180 --> 01:16:49.700] yeah there's a special um verbiage you have to put in the end that's my story and i'm sticking to it
[01:16:53.220 --> 01:16:57.300] okay hang on david let me come back i want to talk about income okay
[01:17:00.180 --> 01:17:04.660] are you being harassed by debt collectors with phone calls letters or even lawsuits
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[01:17:38.580 --> 01:17:43.780] personal consultation is available as well for more information please visit rule of law radio
[01:17:43.780 --> 01:17:49.380] dot com and click on the blue michael miras banner or email michael miras at yahoo dot com
[01:17:49.380 --> 01:17:57.220] that's rule of law radio dot com or email m i c h a e l m i r r a s at yahoo dot com
[01:17:57.220 --> 01:18:03.140] to learn how to stop debt collectors now i love logos without the shows on this network i'd be
[01:18:03.140 --> 01:18:07.780] almost as ignorant as my friends i'm so addicted to the truth now that there's no going back i need
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[01:18:13.380 --> 01:18:17.780] i'd love to volunteer as a show producer but i'm a bit of a lie and i really don't have any money
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[01:18:28.980 --> 01:18:35.940] gifts first thing you do is clear your cookies now go to logosregualnetwork.com click on the amazon
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[01:18:48.180 --> 01:18:54.900] my amazon prime no i mean yes wow giving without doing anything or spending any money this is
[01:18:54.900 --> 01:19:07.300] perfect thank you so much we are welcome happy holidays logos this is the logos radio net radio
[01:19:07.300 --> 01:19:10.900] never
[01:19:15.300 --> 01:19:16.900] ain't gonna blind me
[01:19:20.900 --> 01:19:22.900] don't want me
[01:19:22.900 --> 01:19:32.500] oh
[01:19:36.420 --> 01:19:40.500] i was blindsided but now i can see you
[01:19:40.500 --> 01:19:56.020] okay we are back i apologize for going out ever since i got that last spider bite
[01:19:56.900 --> 01:20:00.900] it affected my throat there were a couple times i couldn't do his show because of it
[01:20:01.700 --> 01:20:08.980] and it's left me with some residual issues every once in a while i'll get a catch in that part
[01:20:08.980 --> 01:20:19.620] of this throat and i get that coughing spell but they'll pay me for it okay david uh do you have
[01:20:19.620 --> 01:20:30.580] anything else on your case before you go i want to talk about uh income tax i just have one other
[01:20:30.580 --> 01:20:37.060] question on my case and then we'll go to taxes i noticed that this pleaded jurisdiction hearing
[01:20:37.060 --> 01:20:42.900] that they're having they're supposed to send me a zoom call link and i didn't have any way to get
[01:20:42.900 --> 01:20:48.740] that and i called in today to find out come to find out there's a total separate judge been assigned
[01:20:48.740 --> 01:20:57.620] to this hearing this thing next tuesday and it's not it's not even the judge from the case
[01:20:58.180 --> 01:21:04.420] and they were trying to tell me that it's on the central docket which means any judge in
[01:21:04.420 --> 01:21:08.980] the courthouse can hear the case even if they have nothing to know nothing about our particular
[01:21:08.980 --> 01:21:14.260] case i was really interested in how they came down to get this judge to the case i've never
[01:21:14.260 --> 01:21:19.940] heard of her before but anyway is that a normal procedure do you think they said it's the central
[01:21:19.940 --> 01:21:27.780] docket and they gave me someone's name to get a zoom file yes that is a very common practice
[01:21:27.780 --> 01:21:38.260] okay good generally when you did the motion hearings i went into the head criminal district
[01:21:38.260 --> 01:21:44.900] judge's courtroom when he was having motion hearings and he had about 20 lawyers lined up
[01:21:44.900 --> 01:21:51.460] and they were he was hearing right at the bench and took him about a minute or two for each one
[01:21:51.460 --> 01:21:57.860] you know the lawyer said what it was you know the lawyer raised his objection is all real quick
[01:21:57.860 --> 01:22:04.820] and the judge just signed them off the lawyer is in every case the vast majority of what they do
[01:22:04.820 --> 01:22:10.260] the same motions they file in every single case so they're just going through motions so the judge
[01:22:10.260 --> 01:22:14.500] just goes through everyone else while he had stopped and asked a few questions didn't take
[01:22:14.500 --> 01:22:19.060] much and then boom he'd go right through it so they just have a judge you know it's their day
[01:22:19.060 --> 01:22:26.420] to hear motions and you know he's seen this stuff a hundred times so it's just kind of going through
[01:22:26.420 --> 01:22:36.660] the motions so yeah that's not uncommon and in this case you know this is not a foreclosure case
[01:22:36.660 --> 01:22:47.220] worth several hundred thousand dollars this is 20 grand i mean it's chump change so the courts aren't
[01:22:47.220 --> 01:22:51.060] going to pay much attention to it the lawyers themselves aren't going to pay much attention to
[01:22:51.060 --> 01:22:59.860] it uh to get a a judge to a ringer judge to rule against you on something this minor
[01:23:00.580 --> 01:23:04.100] yeah that's somewhere between that this absolutely unlikely
[01:23:06.260 --> 01:23:12.020] so this that part i wouldn't be too concerned about but if you're a judge sitting up there and
[01:23:12.020 --> 01:23:17.380] you don't do any you know you don't know anything about the case and you get a challenge to subject
[01:23:17.380 --> 01:23:23.060] matter jurisdiction that has nothing in it you're going to say what the heck is this crap
[01:23:24.580 --> 01:23:31.220] who filed this nonsense with my court did the prosa file this oh the lawyers filed this
[01:23:32.420 --> 01:23:38.580] that's a good chance the judge is not going to be a happy camper judges are kind of vain
[01:23:38.580 --> 01:23:47.060] now they don't like to be messed with and i think that may actually be an advantage
[01:23:49.460 --> 01:23:54.020] because the judge is busy he don't have time for this nonsense and he gets this crap all
[01:23:55.700 --> 01:24:02.420] and we wrote a really heavy response to it i think his chance you can get sanctions
[01:24:02.420 --> 01:24:13.300] and and since you mentioned that i would like anybody who's interested to send me an email
[01:24:13.300 --> 01:24:21.380] and i'll send you a link to this hearing and you can log into the zoom meeting and listen to this
[01:24:21.380 --> 01:24:33.620] hearing uh brad tell him about the one with uh this page yeah so this is the lady that um was
[01:24:33.620 --> 01:24:43.940] about to lose her home to an expedited foreclosure and uh told some people about it and the numbers
[01:24:43.940 --> 01:24:50.500] started increasing on there and it seemed to be of particular interest to the judge
[01:24:50.500 --> 01:24:57.060] he was watching the numbers and kept on asking the court coordinator how many people and
[01:24:59.380 --> 01:25:06.500] i think he modified his behavior based on the fact that there were a lot of people watching
[01:25:09.780 --> 01:25:13.220] yes kind of cut a button off the lawyer's shirt
[01:25:13.220 --> 01:25:23.460] the lawyer was sitting back making faces and uh what did he do to the lawyer i missed that part
[01:25:25.220 --> 01:25:29.780] uh he said something along the lines of uh i don't want to see all these uh
[01:25:30.420 --> 01:25:39.700] disrespectful um he said um nonverbals how did he put it i don't want to see all these
[01:25:39.700 --> 01:25:47.060] disrespect gestures of disrespect and all your nonverbals need to get that under control
[01:25:51.060 --> 01:26:00.180] it i got the impression that the judge was playing to the audience right exactly so get us
[01:26:00.180 --> 01:26:07.380] the link david and we'll see if we can't get him an audience to play to i will do that i'll do that
[01:26:07.380 --> 01:26:17.460] okay you ready to move to income taxes yes i am income taxes near and dear to my heart
[01:26:17.460 --> 01:26:25.540] let me give you a real quick entrance to how i got there back in the uh 70s and 80s i asked
[01:26:25.540 --> 01:26:32.180] audit to me twice then they shouldn't have because both audits i won the audit and found out how
[01:26:32.180 --> 01:26:37.780] little they knew about taxes but it made me so mad i went out and studied the tax system to
[01:26:37.780 --> 01:26:45.780] where i learned it better than they know it then it's like i said earlier don't mess with an old
[01:26:45.780 --> 01:26:53.380] jarhead absolutely and they caught me right after i came out of the marine corps and i was still
[01:26:53.380 --> 01:27:02.820] still ready to fight well i'll tell you what i got the wrong guy and what i did i realized
[01:27:02.820 --> 01:27:09.540] that everybody was scared of irs everybody was scared of taxes now then i actually take people
[01:27:09.540 --> 01:27:16.340] into irs and i handle their audit and the irs agents are tickled to death that we're so organized
[01:27:16.340 --> 01:27:21.060] when we get there and they like the fact that i'm in there with them and i've never lost one
[01:27:21.060 --> 01:27:27.860] i have a 100% win ratio going into irs helping people with audits but what i found out was dealing
[01:27:27.860 --> 01:27:35.860] with people is people are so scared of taxes and irs that i designed a real simple tax return
[01:27:35.860 --> 01:27:45.060] that just fits nearly everybody it's only two pages long if you're a uh young guy you use just
[01:27:45.060 --> 01:27:54.340] a 1040 and for one by 1040 front and back that's the tax form everybody uses and then a schedule C
[01:27:54.340 --> 01:27:59.780] which is a profit or loss for business that everybody can use now if you're an old guy
[01:28:00.340 --> 01:28:11.300] like randy you would use a 1040 what what senior and the schedule C and what you do is the schedule
[01:28:11.300 --> 01:28:17.700] C your business claims off all the things that you owe and you end up getting all your money back
[01:28:19.140 --> 01:28:27.780] so my company is how to pay no taxes and that's it it's that simple you know i designed i put
[01:28:27.780 --> 01:28:34.580] together a simple income tax return and i said what's an average amount of money that would fit
[01:28:34.580 --> 01:28:42.660] most people and so i just pulled $50,000 out of the air and i used this two page tax return
[01:28:42.660 --> 01:28:49.300] i said okay let's use a family of three a husband wife and one child they make $50,000 a year
[01:28:50.020 --> 01:28:55.540] and have them run their own little business they like the business for fishing for instance
[01:28:56.980 --> 01:29:03.300] and i told the guy i said okay you're new what's your what's your hobby what you like to do the
[01:29:03.300 --> 01:29:08.820] most he says i like to fish i said okay that's your new business now i want you to go out and
[01:29:08.820 --> 01:29:14.340] i want you to go fishing once a month and i want you to pay money to enter a fishing tournament
[01:29:15.620 --> 01:29:22.820] and that has a payout at the end and that's your business now then i want you to do two things
[01:29:24.340 --> 01:29:30.580] two things will keep you from paying taxes ever again one of them is keep every receipt you touch
[01:29:30.580 --> 01:29:39.460] from now on and the other one is keep track of your mileage keep track of your mileage and
[01:29:39.460 --> 01:29:43.620] the way you do that you get your old change the first of the year and you buy a tire the last
[01:29:43.620 --> 01:29:48.900] of the year both of them are from a place to put your mileage on that car or every car you've got
[01:29:49.860 --> 01:29:54.580] on the receipt iris will take that for total mileage and then we'll work on getting business
[01:29:54.580 --> 01:30:05.700] mileage later and those are the sorry soft drink lovers even diet drinks can make you fat
[01:30:05.700 --> 01:30:10.980] a new study shows the diet soda drinkers gain much more weight than people who avoid the stuff
[01:30:10.980 --> 01:30:16.020] i got your camera at albert and i'll be back in a moment with the scoop on supposedly skinny sodas
[01:30:16.660 --> 01:30:22.180] privacy is under attack when you give up data about yourself you'll never get it back again
[01:30:22.180 --> 01:30:27.700] and once your privacy is gone you'll find your freedoms will start to vanish too so protect
[01:30:27.700 --> 01:30:34.020] your rights say no to surveillance and keep your information to yourself privacy it's worth hanging
[01:30:34.020 --> 01:30:39.300] on to this public service announcement is brought to you by start page dot com the private search
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[01:31:20.660 --> 01:31:26.180] the sweet stuff all together and drink water instead of dr kathryn albrecht more news and
[01:31:26.180 --> 01:31:34.420] information at kathrynalbrecht.com this is building seven a 47 story skyscraper that fell on the
[01:31:34.420 --> 01:31:39.780] afternoon of september 11 the government says that fire brought it down however 1500 architects
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[01:31:44.740 --> 01:31:49.460] have given their lives and thousands of my fellow first responders are dying i'm not a conspiracy
[01:31:49.460 --> 01:31:53.860] theorist i'm a structural engineer in new york city correctional i'm an air force pilot i'm a father
[01:31:53.860 --> 01:32:00.100] who lost his son we're americans and we deserve the truth go to rememberbuildingseven.org today
[01:32:01.780 --> 01:32:06.100] rule of law radio is proud to offer the rule of law traffic seminar in today's america we live
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[01:33:26.500 --> 01:33:36.340] you
[01:33:48.020 --> 01:33:53.540] okay we are back brandy calcans wet fountains rule of law radio and we're talking to david
[01:33:53.540 --> 01:34:00.980] in austin so david if somebody wants your help in doing taxes how do they reach you
[01:34:03.380 --> 01:34:06.100] oh i guess we can hear you better if i unmute you
[01:34:07.780 --> 01:34:16.900] oh yeah that'll work much better go ahead okay they can call me or they can email me best way to do
[01:34:16.900 --> 01:34:33.060] is email to james truck watch at yahoo.com james truck watch at yahoo.com now whenever i was going
[01:34:33.060 --> 01:34:41.540] over the quick tax return a while ago brandy did i get ahead of you to where it made it confusing
[01:34:41.540 --> 01:34:47.700] for what i'm trying to do is simplify this method and i can show anybody with these two forms
[01:34:47.700 --> 01:34:55.380] how to pay zero taxes or how to pay no taxes even people who hadn't got this rebate money
[01:34:55.380 --> 01:35:02.900] that they're passing out to everybody you can fill out a simple short form and put on line 30
[01:35:02.900 --> 01:35:07.300] which is called a recovery rebate credit the amount of money that they're giving away that you
[01:35:07.300 --> 01:35:14.900] haven't received and they'll send that to you and they'll send it to you in about three weeks
[01:35:14.900 --> 01:35:23.780] time so it works real good what form is that it's that one i told you a while ago a 1040
[01:35:23.780 --> 01:35:31.220] sr for randy the senior form or a regular 1040 short form both of them have line 30 on it
[01:35:31.220 --> 01:35:37.620] and 30 is the rebate recovery credit and you put whether you didn't get the 600 back or
[01:35:37.620 --> 01:35:44.020] whether you didn't get the 1400 back or whatever they are given to everybody that they haven't
[01:35:44.020 --> 01:35:49.220] given it back you can get it back on that form i've filed it for several people it's taking
[01:35:49.220 --> 01:35:54.740] about three weeks and they put it in your bank account and if anyone's got any questions about
[01:35:54.740 --> 01:36:01.620] that uh they can give me a call or they can write me an email and i'll call them back
[01:36:02.500 --> 01:36:09.140] or just if you don't remember david's contact just send me an email and ask for a reference
[01:36:09.140 --> 01:36:19.940] and i'll forward it to david good good and what i what i try to do is i don't do a lot of taxes
[01:36:19.940 --> 01:36:25.140] i try to teach people how they can do their own taxes and not be afraid of iris so they can do
[01:36:25.140 --> 01:36:31.780] their own taxes from now on in a simplified method but again the the key to doing it is keep every
[01:36:31.780 --> 01:36:38.420] receipt you touch from now on because they will end up 90 percent of the money that people spend
[01:36:38.420 --> 01:36:44.820] is tax deductible in the business and they just don't know that and if you keep it organized
[01:36:44.820 --> 01:36:51.700] into the forms on the schedule c you can claim all of it is deductible like i mentioned a while ago
[01:36:51.700 --> 01:37:00.500] it might sound crazy but if fishing is your new business then you have to have a you can have
[01:37:00.500 --> 01:37:08.660] a business fishing boat you can have a business pickup to pull your business fishing boat and
[01:37:08.660 --> 01:37:14.660] trailer you can have a business garage or building to put your business fishing boat and trailer in
[01:37:15.220 --> 01:37:22.740] you can work what about one of these total uh barbecue grills to go with the fishing boat
[01:37:22.740 --> 01:37:30.420] have to have business parties to come over and and talk with your buddies about how the best
[01:37:30.420 --> 01:37:34.660] way to make money in these fishing tournaments that's all part of your business all of it's
[01:37:34.660 --> 01:37:42.020] perfectly legal legitimate perfectly legal deductions if you have if you have no business
[01:37:42.020 --> 01:37:49.380] you have no tax advantage if you have business you don't have to make money
[01:37:51.860 --> 01:37:55.780] no let me tell you yeah anything can be your business and everybody should have one
[01:37:57.140 --> 01:38:02.420] everybody should have a business i've gone down to the fast food joints and talked to people in
[01:38:02.420 --> 01:38:07.860] there and those kids at the fast food joint are paying two and three thousand dollars a year
[01:38:08.420 --> 01:38:15.140] making minimum wage now come on you know they don't owe any taxes the fast food joint knows
[01:38:15.140 --> 01:38:19.380] they don't owe any taxes in the government it knows they don't owe any taxes but they don't know
[01:38:19.380 --> 01:38:25.300] how to get that money back and the simple short form these two forms that i'm talking about will
[01:38:25.300 --> 01:38:29.780] get their money back for them so i can take a minimum wage earner and get them back two or three
[01:38:29.780 --> 01:38:36.020] thousand dollars everybody can do that and it's so simple i'd love to teach this and this is what
[01:38:36.020 --> 01:38:43.060] i'm doing randy like you're doing the seminars the legal seminars i'm doing seminars on taxes
[01:38:43.700 --> 01:38:50.260] and teaching people this it it's it's what i run into is people are so scared of irs they don't
[01:38:50.260 --> 01:38:57.940] even want to learn or they don't want to do it themselves and it's just it it's disheartening
[01:38:57.940 --> 01:39:02.580] when people don't want to you know i've had people tell me well i want to pay them this amount of
[01:39:02.580 --> 01:39:07.780] money because i think it'll keep them off my back and people do that i'll say okay how much do you
[01:39:07.780 --> 01:39:12.580] want to pay them and i'll figure out your taxes so you all met much and i'll do it it's that simple
[01:39:14.180 --> 01:39:22.900] but nobody has to pay any taxes and i had to tell you the you know i thought this would work for
[01:39:22.900 --> 01:39:29.460] a fifty thousand dollar tax return and then all of a sudden i ended up talking to a nurse
[01:39:30.260 --> 01:39:39.860] that did a a heart of ultrasound on my wife and her and they were going to Cabo San Lucas
[01:39:40.580 --> 01:39:45.460] for their vacation i said wait a minute before you go you get a bunch of your medical stuff
[01:39:45.460 --> 01:39:49.700] and you take it with you and you talk to some doctors at Cabo and that's all a business trip
[01:39:49.700 --> 01:39:54.980] and all of it's deductible well they ended up doing that on three different vacations
[01:39:55.540 --> 01:40:03.940] come to find out that nurse made 90,000 a year her husband made 90,000 a year running an
[01:40:03.940 --> 01:40:10.420] electrical supply place here around Austin and i thought my god they make way too much money
[01:40:10.420 --> 01:40:17.380] for me to be able to help them well they had started doing their taxes on turbo tax and
[01:40:17.380 --> 01:40:23.060] ended up she said it says i owe twelve thousand dollars i said let me put my two simple tax
[01:40:23.060 --> 01:40:28.420] returns together for you showing all your deductions and stuff i put my two page return together
[01:40:29.540 --> 01:40:38.100] and not only did i wipe out the 12,000 the turbo tax that she owed but they got a nine
[01:40:38.100 --> 01:40:48.340] thousand dollar refund in cash and they did got it in there about three days after we filed and so
[01:40:48.340 --> 01:40:52.820] i thought my gosh this little return works for more people and i thought i thought i was limited
[01:40:52.820 --> 01:40:58.420] to very low income people but it's not i can take people from minimum wage all the way up
[01:40:58.420 --> 01:41:05.220] and save everybody something and the thing i like about it is you don't get in a fight with the r.o.s
[01:41:05.220 --> 01:41:12.980] no no i've been i've been doing taxes so long now i know what not to put on the tax return
[01:41:12.980 --> 01:41:17.140] for instance you never claim meals and entertainment because all the senators and
[01:41:17.140 --> 01:41:22.820] congressmen have screwed that up with their three martini lunches and they went out and
[01:41:22.820 --> 01:41:27.300] get drunk every night and then they tried to claim it all on the taxes now if you put meals
[01:41:27.300 --> 01:41:32.420] and entertainment on your tax return that flags you for an audit so i tell everybody don't ever
[01:41:32.420 --> 01:41:37.380] do that the biggest tax deduction you're going to get is mileage knowledge remember this this is
[01:41:37.380 --> 01:41:41.460] why you got to go back in keep track of your mileage throughout the year the best you can
[01:41:42.340 --> 01:41:50.420] and mileage is worth about fifty five cents a mile you know if you need four thousand dollars
[01:41:51.460 --> 01:41:58.900] in tax deductions that's as simple as eight thousand miles in your business about a half
[01:41:58.900 --> 01:42:06.340] a dollar a mile that's up real quick but anyway i can i'd be glad to go into more detail in this
[01:42:06.340 --> 01:42:11.540] anytime you want ran the earth if anyone's got any particular questions tonight i'll be glad to
[01:42:11.540 --> 01:42:17.140] answer them for them it's way simpler than people give it credit for it just amazes me that people
[01:42:17.140 --> 01:42:23.140] are so scared of it and that's always amazed me on my line okay if you anybody here who listens
[01:42:23.140 --> 01:42:30.740] to my show on a regular basis uh if you think back uh you won't find me recommending anybody
[01:42:30.740 --> 01:42:39.140] for taxes so i am very particular about who i recommend and i absolutely recommend david
[01:42:42.580 --> 01:42:46.660] and david you could give me a tip for doing all this
[01:42:46.660 --> 01:42:54.020] that's oh there is one thing you have to watch out with david i will david if you don't eat
[01:42:54.020 --> 01:43:04.900] yellow snow david will let larry nelson steal all your red beer he sent me to south texas i was
[01:43:04.900 --> 01:43:11.380] going to south texas anyway he sent me to this place to pick up this sauce to make red beer with
[01:43:11.380 --> 01:43:16.900] it and i brought it back we made a bunch of bunch of red beer and larry he let larry nelson drink
[01:43:16.900 --> 01:43:27.060] it all and i hadn't forgiven him about for that yes anyway david is a long time friend and i've
[01:43:27.060 --> 01:43:33.940] done business with him in the past and i trust him implicitly so if you have a tax issue you
[01:43:33.940 --> 01:43:42.020] want somebody to help you with it send me an email i'll give it to david and we'll get that handled okay
[01:43:42.980 --> 01:43:48.980] anything else david no you have a good night anything else i can add i'll be glad to
[01:43:50.180 --> 01:43:54.820] okay but i got back at larry nelson and i'll explain how when we get back on the other side
[01:43:54.820 --> 01:44:02.100] thank you david branch out and break found we'll be right back through advances in technology
[01:44:02.100 --> 01:44:07.700] our lives have greatly improved except in the area of nutrition people feed their pets better
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[01:45:55.620 --> 01:46:21.860] banner are called toll-free 866 law easy
[01:46:26.180 --> 01:46:29.300] one
[01:46:29.300 --> 01:46:31.300] Come on, big Jerry, come on!
[01:46:31.300 --> 01:46:37.300] As we thought, so shall we be
[01:46:37.300 --> 01:46:39.300] There was only three sheets of paper
[01:46:39.300 --> 01:46:42.300] So many fruits, so where to stand and put on
[01:46:42.300 --> 01:46:44.300] Oh, how we see
[01:46:44.300 --> 01:46:48.300] Got a tiny mountain car, not your giant sweet words
[01:46:48.300 --> 01:46:51.300] Just a small step to the giant
[01:46:51.300 --> 01:46:56.300] Okay, we are back, ready to count Brett Fountain, we love our radio
[01:46:56.300 --> 01:47:01.300] And we were talking about Larry Nelson stole my red beer
[01:47:01.300 --> 01:47:06.300] And drank it all, so I paid him back
[01:47:06.300 --> 01:47:11.300] He has a business and he doesn't use David
[01:47:11.300 --> 01:47:18.300] David can't get him to, he's always complaining about his IRS issues
[01:47:18.300 --> 01:47:22.300] So me and David concocted this payback
[01:47:22.300 --> 01:47:26.300] And I called him and told him I was Yadnar Natlik
[01:47:26.300 --> 01:47:29.300] From the Internal Revenue Service
[01:47:29.300 --> 01:47:35.300] Mr. Nelson, we've been going over your IRS tax returns for the last three years
[01:47:35.300 --> 01:47:41.300] And quite frankly Mr. Nelson, you are screwed
[01:47:41.300 --> 01:47:48.300] He called me the next day and I won't repeat what he called me
[01:47:48.300 --> 01:47:51.300] People just don't find me as funny as I do
[01:47:51.300 --> 01:47:55.300] Okay, we're going to, it looks like we have a first time caller
[01:47:55.300 --> 01:48:00.300] In California, 949 area code
[01:48:00.300 --> 01:48:09.300] If you're in, oh there it is, it's EJ, oh hello EJ
[01:48:09.300 --> 01:48:14.300] Hello EJ, there we go
[01:48:14.300 --> 01:48:18.300] Okay, what do you have for us today?
[01:48:18.300 --> 01:48:23.300] Okay, so I did my chronological timeline
[01:48:23.300 --> 01:48:27.300] On the assault and battery case
[01:48:27.300 --> 01:48:36.300] False accusations against me from the security guard at the hospital
[01:48:36.300 --> 01:48:39.300] Yes, you're the hospital security guard, yes
[01:48:39.300 --> 01:48:42.300] Okay, did you send that to me?
[01:48:42.300 --> 01:48:47.300] Yes, I know you get so many emails, so I sent
[01:48:47.300 --> 01:48:53.300] I only got about 200 today
[01:48:53.300 --> 01:49:05.300] I sent that, so Mike, the second step now is to ask some friends to do a FOIA
[01:49:05.300 --> 01:49:09.300] A records request to the police
[01:49:09.300 --> 01:49:14.300] Yes, I need to go through the timeline
[01:49:14.300 --> 01:49:19.300] And maybe I'll get Brett to go through it with me, we might do that on the air
[01:49:19.300 --> 01:49:20.300] Okay
[01:49:20.300 --> 01:49:25.300] I haven't looked at it, so I'm not prepared to do that today, maybe we can do that next week
[01:49:25.300 --> 01:49:31.300] And go down through it because what you'll find is when you get someone else looking at it
[01:49:31.300 --> 01:49:36.300] Like Brett and I, we work in this kind of area, so we kind of got an idea of what to look for
[01:49:36.300 --> 01:49:41.300] We know to look for stuff that you never think about
[01:49:41.300 --> 01:49:47.300] So we'll go through it and we'll see places where you'll have one item and another item
[01:49:47.300 --> 01:49:51.300] And we'll say, wait a minute, wait a minute, there had to be something in between it
[01:49:51.300 --> 01:49:54.300] And that's what the good thing about the timeline is
[01:49:54.300 --> 01:50:01.300] Is when you tell these stories, you tell pieces of the story sometimes out of sequence
[01:50:01.300 --> 01:50:08.300] And depending on who you're talking to, you tell it from one context or another
[01:50:08.300 --> 01:50:12.300] And that causes the whole thing to get distorted
[01:50:12.300 --> 01:50:19.300] A timeline is a tool to sort out that distortion and get everything back in line
[01:50:19.300 --> 01:50:23.300] And then when you go, after you've made it up and you go back through it
[01:50:23.300 --> 01:50:27.300] Your brain will start sticking stuff in the empty spaces
[01:50:27.300 --> 01:50:29.300] And it'll start filling up
[01:50:29.300 --> 01:50:34.300] And then when, like someone else, like Brett or I or our lawyer looks at it
[01:50:34.300 --> 01:50:39.300] We'll be looking for things that you don't know to look for and start filling those spaces up
[01:50:39.300 --> 01:50:48.300] And what I want to look for is issues that you wouldn't know to pay attention to
[01:50:48.300 --> 01:50:55.300] And places where we can send in an information request
[01:50:55.300 --> 01:51:00.300] I like to use information requests as a strategic tool
[01:51:00.300 --> 01:51:09.300] As much as getting information, I want to get them asking themselves questions
[01:51:09.300 --> 01:51:15.300] Why is he asking me for this? Let's see, looking for it
[01:51:15.300 --> 01:51:23.300] I sometimes ask for stuff that I don't care about just to send them down a rabbit hole
[01:51:23.300 --> 01:51:30.300] You know, I told a story about Williamson County when I went in there and didn't tell them who I was
[01:51:30.300 --> 01:51:39.300] And they dropped Doug Bell's complaints, got him a written dismissal by the judge
[01:51:39.300 --> 01:51:45.300] And got his bond money back because they didn't know who I was
[01:51:45.300 --> 01:51:52.300] They didn't know what I was looking for and they always think you're looking for something worse than what you are
[01:51:52.300 --> 01:51:57.300] So as far as I'm concerned, these are pawn moves
[01:51:57.300 --> 01:52:01.300] We're not playing checkers here
[01:52:01.300 --> 01:52:09.300] You start asking artful information requests and you've got to wonder why are they asking for this
[01:52:09.300 --> 01:52:13.300] And it starts getting them paranoid
[01:52:13.300 --> 01:52:16.300] And one thing we like for them to do is to not respond
[01:52:16.300 --> 01:52:20.300] Brett filed an information request in my case
[01:52:20.300 --> 01:52:25.300] And my son-in-law is a justice to the peace
[01:52:25.300 --> 01:52:33.300] And he has been extremely careful to stay out of my business
[01:52:33.300 --> 01:52:36.300] He doesn't say anything about it
[01:52:36.300 --> 01:52:44.300] But he did come to me and say, do you know this guy Brett Mountain?
[01:52:44.300 --> 01:52:52.300] Yes, as a matter of fact, I do. Well, do you know what he's doing? I said, no, he don't tell me what he's doing
[01:52:52.300 --> 01:52:55.300] Well, he's causing a lot of trouble
[01:52:55.300 --> 01:52:57.300] I said, well, you're going to talk to him about that
[01:52:57.300 --> 01:53:00.300] And that was the last thing he ever said to me
[01:53:00.300 --> 01:53:07.300] And because he never spoke to it, it took a lot
[01:53:07.300 --> 01:53:15.300] So I know the sheriff is saying, and the county attorney, he hammered the county attorney
[01:53:15.300 --> 01:53:19.300] Who is this guy? He's coming in here hammering us
[01:53:19.300 --> 01:53:26.300] What is going on? This has got to be that captain
[01:53:26.300 --> 01:53:36.300] And the sheriff gave Brett an admission that is now I'm able to use it in my lawsuit
[01:53:36.300 --> 01:53:41.300] Brett, these guys, they don't want to give you anything
[01:53:41.300 --> 01:53:49.300] So he asked the sheriff about records of all training for sheriff's deputies in arrest procedures
[01:53:49.300 --> 01:53:59.300] And the sheriff gives him a response back that says we have no records responsive to your request
[01:53:59.300 --> 01:54:03.300] I looked at that and I almost couldn't believe it
[01:54:03.300 --> 01:54:07.300] I can't believe it
[01:54:07.300 --> 01:54:20.300] It was, in my lawsuit there's a section that says sheriff throws deputies under the bus
[01:54:20.300 --> 01:54:29.300] So I want his deputies to know that their boss threw them under the bus
[01:54:29.300 --> 01:54:36.300] They didn't know how to answer Brett, they didn't know what they were dealing with
[01:54:36.300 --> 01:54:44.300] He was afraid to give Brett anything because he didn't know what they were after
[01:54:44.300 --> 01:54:48.300] So that's part of the pawn moves we use
[01:54:48.300 --> 01:54:55.300] We give them a bunch of information requests, some of the information we need, some of it we don't
[01:54:55.300 --> 01:55:01.300] So they have no idea what you're going after so they don't know how to cheat
[01:55:01.300 --> 01:55:03.300] Okay
[01:55:03.300 --> 01:55:09.300] We may give them the idea we're going after an issue we don't care about
[01:55:09.300 --> 01:55:16.300] So when they start trying to cover themselves they never know what to cover for
[01:55:16.300 --> 01:55:19.300] And it makes them much more nervous
[01:55:19.300 --> 01:55:26.300] They dismissed Doug Bell's case because they didn't know who I was and what I was looking for
[01:55:26.300 --> 01:55:30.300] They had no clue, I didn't tell them
[01:55:30.300 --> 01:55:36.300] They tried to find out, they tried to question me and that didn't work out so well for them
[01:55:36.300 --> 01:55:40.300] And they're not used to somebody that they can't manipulate
[01:55:40.300 --> 01:55:45.300] So that worked really well, they dismissed everything immediately because they didn't know who it was
[01:55:45.300 --> 01:55:52.300] And we'll help you with that if you want one of us to file some information requests we'll do that
[01:55:52.300 --> 01:55:58.300] If you want some information about your case you have one of us do it
[01:55:58.300 --> 01:56:02.300] And they'll say who is this and then they look us up
[01:56:02.300 --> 01:56:07.300] Oh crap, it's those guys
[01:56:07.300 --> 01:56:09.300] Oh my goodness
[01:56:09.300 --> 01:56:18.300] Okay so I'll go through your timeline and I will probably want you to make some corrections
[01:56:18.300 --> 01:56:24.300] But I'll let you know, the first thing I do with the timeline is I do a search and replace
[01:56:24.300 --> 01:56:32.300] A search for every period and replace every period with a period and a carriage return
[01:56:32.300 --> 01:56:36.300] So that puts every sentence on a separate line
[01:56:36.300 --> 01:56:37.300] Okay
[01:56:37.300 --> 01:56:42.300] Then I'll go down through it and make comments in the spaces
[01:56:42.300 --> 01:56:48.300] And then get it back to you and maybe places where I'll ask you to make some adjustments
[01:56:48.300 --> 01:56:51.300] It may take two or three times to get that right
[01:56:51.300 --> 01:56:58.300] But in any litigation, a timeline is the most powerful tool you can have
[01:56:58.300 --> 01:57:08.300] You know I spoke earlier to say that I have this methodology for building legal documents where each step builds toward the next
[01:57:08.300 --> 01:57:16.300] Well the most difficult step is the timeline
[01:57:16.300 --> 01:57:20.300] It is by far the most difficult step, when you got that finished
[01:57:20.300 --> 01:57:22.300] Well it's tedious anyway
[01:57:22.300 --> 01:57:29.300] It is yet, it is tedious, when you got that finished, now you have a benchmark
[01:57:29.300 --> 01:57:33.300] You always know where you're at
[01:57:33.300 --> 01:57:38.300] You always know all the issues that are in front of you and all the issues that are behind you
[01:57:38.300 --> 01:57:41.300] You never get anything out of place
[01:57:41.300 --> 01:57:46.300] That way when you build that first document based on the timeline
[01:57:46.300 --> 01:57:54.300] What I do with the timeline is I expand it into a novel
[01:57:54.300 --> 01:58:01.300] Once we get everything in place, then go down your timeline and tell me the story
[01:58:01.300 --> 01:58:04.300] My friend said I should write a novel
[01:58:04.300 --> 01:58:09.300] Yeah, yeah, write a novel, write everything that happened
[01:58:09.300 --> 01:58:13.300] And then we'll go back through it and pull out causes of action
[01:58:13.300 --> 01:58:16.300] Claims and causes of action
[01:58:16.300 --> 01:58:21.300] And then all that stuff in between that doesn't go to the claims and causes of action
[01:58:21.300 --> 01:58:23.300] We'll redact that out
[01:58:23.300 --> 01:58:28.300] But we still have it in the main document, because in the main one, because we'll need it
[01:58:28.300 --> 01:58:32.300] A lot of times we need stuff we don't expect, so we want everything first
[01:58:32.300 --> 01:58:35.300] And we want it in order
[01:58:35.300 --> 01:58:37.300] And then we start working our way through it
[01:58:37.300 --> 01:58:39.300] And it builds toward your first document
[01:58:39.300 --> 01:58:43.300] Come on, back to go to our sponsors, Randy Carroll and Brett Fountain
[01:58:43.300 --> 01:59:09.300] Our radio will be right back
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