ROL_2021-09-03_16k_Hr1-2.timecode

[00:00.000 --> 00:06.720]  The following news flashes brought to you by the Lone Star Lowdown.
[00:06.720 --> 00:13.120]  Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce,
[00:13.120 --> 00:21.320]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.320 --> 00:29.720]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.720 --> 00:41.480]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.480 --> 00:52.400]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.400 --> 00:57.760]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.760 --> 01:04.760]  10 and injuring 40 today in history.
[01:04.760 --> 01:09.440]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing HEPA to
[01:09.440 --> 01:14.240]  tax his law back in June, county prosecutors around the state including Houston, Austin,
[01:14.240 --> 01:18.840]  San Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:18.840 --> 01:22.800]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.800 --> 01:27.520]  test the herb for THC. Margaret Moore, the Travis County District Attorney, announced
[01:27.520 --> 01:31.720]  earlier this month that she was dismissing 32 felony possession and delivery of marijuana
[01:31.720 --> 01:33.680]  cases because of the law.
[01:33.680 --> 01:37.560]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.560 --> 01:42.080]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.240]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.240 --> 01:54.480]  well as other cities too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.480 --> 01:58.960]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.960 --> 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 --> 02:10.760]  in Harris County who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.360]  It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:22.560]  charged with.
[02:22.560 --> 02:27.200]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.200 --> 02:32.320]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.320 --> 02:38.000]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.000 --> 02:39.000]  Pacific Ocean.
[02:39.000 --> 02:43.760]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.760 --> 02:50.040]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.040 --> 03:16.000]  glow.
[03:16.000 --> 03:32.000]  Bad boys, bad boys, what you gonna do, what you gonna do, when they come for you?
[03:32.000 --> 03:38.000]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:38.000 --> 03:43.000]  When you were eight and you had bad dreams, you go to school and learn the golden rules.
[03:43.000 --> 03:51.000]  So why are you acting like a fluffy fool, if you're getting sick and you must just prove bad boys, bad boys, what you gonna do?
[03:51.000 --> 03:57.000]  Well, good evening. This is the Rule of Law Radio, Randy Kelton. I'm Brad Fountain.
[03:57.000 --> 04:02.000]  And this is the third of September, 2021.
[04:02.000 --> 04:14.000]  And this evening, before we get into the colors, we don't have any colors yet, but we're gonna just briefly talk about some resources, study resources.
[04:14.000 --> 04:19.000]  I thought it might be useful. Different people ask about what they can look at.
[04:19.000 --> 04:30.000]  And so I'd like to just briefly describe some of the different places that we go and look things up and why each one is useful, what they're useful for.
[04:30.000 --> 04:35.000]  And then Randy also wanted to talk about some guides and plagiarism.
[04:35.000 --> 04:40.000]  So let's just run down through these. I'm in Texas, so I'm looking at these things in Texas.
[04:40.000 --> 04:47.000]  If you're in Kansas or Idaho or somewhere, you're gonna be looking at your own parallel ones, of course.
[04:47.000 --> 04:50.000]  But I start off looking at the Constitution.
[04:50.000 --> 05:04.000]  And as we know, the Constitution doesn't grant us rights. It is a restrictive document to keep people from stepping on our rights, especially the ones that we put in public office.
[05:04.000 --> 05:10.000]  So the Constitution is a starting place. The Texas Rules of Civil Procedure.
[05:10.000 --> 05:19.000]  This tells us how the interactions are supposed to work between different parties.
[05:19.000 --> 05:23.000]  When we have things going on in court, what happens, how does discovery work, all that sort of thing.
[05:23.000 --> 05:26.000]  It's all laid out in there, how court works.
[05:26.000 --> 05:38.000]  And the Code of Criminal Procedure that says how the process is supposed to go when someone's being accused of a crime.
[05:38.000 --> 05:42.000]  What does that paperwork look like? What is the path that that paperwork is supposed to take?
[05:42.000 --> 05:45.000]  Who's authorized to submit it? And to whom and so forth.
[05:45.000 --> 05:50.000]  So you see these rules laid out in the Code of Criminal Procedure.
[05:50.000 --> 05:53.000]  Then we've got the Texas Penal Code.
[05:53.000 --> 05:59.000]  And the Penal Code, in some places they call them the Criminal Code.
[05:59.000 --> 06:03.000]  And this is what defines what is a crime.
[06:03.000 --> 06:11.000]  So is that person really harassing me or are they just an irritating person?
[06:11.000 --> 06:19.000]  So you look in this Penal Code to find where it says harassment and you look at the elements of it.
[06:19.000 --> 06:24.000]  Yeah, they're doing this one and that one, but they're not really doing this one, so you can't accuse them of that.
[06:24.000 --> 06:26.000]  But you might accuse them of something else.
[06:26.000 --> 06:29.000]  You look through the codes and the crimes and you find what fits.
[06:29.000 --> 06:33.000]  It's also useful when you're being accused of something yourself.
[06:33.000 --> 06:41.000]  Somebody says that you, whatever, failure to do something or it's a crime if you do this, that or the other.
[06:41.000 --> 06:46.000]  And so you have to look it up and see if my actions really line up with what they're saying I did.
[06:46.000 --> 06:54.000]  The most important code to consider is are you annoying Randy Kelkin?
[06:54.000 --> 06:57.000]  They're illness harassment.
[06:57.000 --> 07:02.000]  But my wife never reads it.
[07:02.000 --> 07:07.000]  Wait a second, who wrote that?
[07:07.000 --> 07:13.000]  An offense is not an offense unless all of the elements are present.
[07:13.000 --> 07:21.000]  That's the thing we don't, you know, people have bad things happen or have other people do something that we don't like.
[07:21.000 --> 07:25.000]  And we want to call it a crime, but before we do that,
[07:25.000 --> 07:29.000]  we need to look at the code and what does the code require?
[07:29.000 --> 07:34.000]  You hear me mention 3903, official oppression.
[07:34.000 --> 07:40.000]  I talk about that all the time, but there's a special way I talk about it.
[07:40.000 --> 07:47.000]  That this person acted under the color or pretense of an official capacity.
[07:47.000 --> 07:49.000]  That's the first element.
[07:49.000 --> 07:55.000]  And exerted or purported to exert an authority they did not expressly have.
[07:55.000 --> 07:57.000]  That's the second element.
[07:57.000 --> 08:02.000]  And in the process denied me the full and free access to or enjoyment of right.
[08:02.000 --> 08:04.000]  All three have to be there.
[08:04.000 --> 08:10.000]  If someone exerted an authority they didn't have,
[08:10.000 --> 08:16.000]  but in the process did not deny me in a right.
[08:16.000 --> 08:18.000]  That's not official oppression.
[08:18.000 --> 08:22.000]  It may be official annoyance, but it's not official oppression.
[08:22.000 --> 08:25.000]  I have to have them all every time.
[08:25.000 --> 08:28.000]  So always think what are all the elements?
[08:28.000 --> 08:36.000]  A criminal charge is essentially the same as a civil cause of action.
[08:36.000 --> 08:45.000]  There are certain things that are specifically defined criminal charges in order to accuse someone of a crime.
[08:45.000 --> 08:57.000]  That always has to be specifically defined and has to have a set of statutorily determined elements.
[08:57.000 --> 09:05.000]  A civil tort or a civil cause of action, they're somewhat different.
[09:05.000 --> 09:12.000]  We have a whole bunch of causes of action that have been defined by the courts over the years.
[09:12.000 --> 09:16.000]  Causes of action are not statutory.
[09:16.000 --> 09:21.000]  Causes of action are more on the order of common law.
[09:21.000 --> 09:26.000]  The only common law we have are the rulings by judges.
[09:26.000 --> 09:36.000]  And the judges have pretty well through their case law defined a whole list of causes of action.
[09:36.000 --> 09:40.000]  But you're not restricted to that list.
[09:40.000 --> 09:49.000]  You can, under a contractual cause of action, all causes of action ring in contract of one sort of another,
[09:49.000 --> 09:54.000]  where something bad happens and there is no contract.
[09:54.000 --> 10:00.000]  Like you're driving down a road and somebody's road worker's working on the road and they swing out a backhoe,
[10:00.000 --> 10:03.000]  stinger and knock your windshield out.
[10:03.000 --> 10:06.000]  Or you don't have a contract with them.
[10:06.000 --> 10:10.000]  That's just a bad thing that happens and someone's responsible.
[10:10.000 --> 10:14.000]  That rings in tort.
[10:14.000 --> 10:19.000]  So tort can be most any bad thing that someone did to you.
[10:19.000 --> 10:26.000]  And the elements of a tort can be somewhat more tenuous.
[10:26.000 --> 10:34.000]  We have to allege that someone took an action, whether delivered or not,
[10:34.000 --> 10:39.000]  and that action caused us harm.
[10:39.000 --> 10:44.000]  Now someone can do something by mistake and cause us harm.
[10:44.000 --> 10:53.000]  Like I can shove my car up into park in a hurry, but don't quite get it into park and jump out and go run to do something.
[10:53.000 --> 10:57.000]  And the car rolls downhill out in the street and bashes into somebody.
[10:57.000 --> 11:00.000]  That was not on purpose.
[11:00.000 --> 11:04.000]  But it doesn't require mens reyes.
[11:04.000 --> 11:06.000]  It doesn't require intent.
[11:06.000 --> 11:11.000]  It can be negligence or recklessness.
[11:11.000 --> 11:15.000]  Did I just go off somewhere, Brett?
[11:15.000 --> 11:18.000]  Was I going somewhere specific?
[11:18.000 --> 11:19.000]  Well, I don't know.
[11:19.000 --> 11:21.000]  Lots of good places there.
[11:21.000 --> 11:25.000]  Yeah, there were a lot of them, but I'm not sure which one I was going to.
[11:25.000 --> 11:31.000]  So talking about laws and statutes, claims and causes of action.
[11:31.000 --> 11:38.000]  Under criminal you get claims and tors you get claims and under contract you get causes of action.
[11:38.000 --> 11:42.000]  All of these are for the most part defined in the code.
[11:42.000 --> 11:50.000]  So unless someone just came up and harmed you, then if you are going to raise a claim or cause of action,
[11:50.000 --> 11:53.000]  you've got to go to the books and look them up.
[11:53.000 --> 11:58.000]  Yeah, and so that would be all this about civil causes of action.
[11:58.000 --> 12:02.000]  That's one whole nature is a civil.
[12:02.000 --> 12:07.000]  But then this criminal stuff would be all in the penal code.
[12:07.000 --> 12:09.000]  And those would be defined there.
[12:09.000 --> 12:19.000]  So if you're accusing somebody of a crime, then you're going to use a criminal code or a penal code to define what you're calling it,
[12:19.000 --> 12:24.000]  and you find the elements of it listed there.
[12:24.000 --> 12:32.000]  And so that's parallel to what you were just saying, Randy, that the civil has these causes of action and they're laid out.
[12:32.000 --> 12:35.000]  Like O'Connor's you were mentioning O'Connor's recently.
[12:35.000 --> 12:44.000]  And it describes what is comprised by a certain cause of action, the elements of it.
[12:44.000 --> 12:48.000]  Let me give you an example.
[12:48.000 --> 12:57.000]  Let's say we entered into a contract with someone and we find out once we've entered into the contract,
[12:57.000 --> 13:03.000]  it has been consummated that the other side lied to us.
[13:03.000 --> 13:05.000]  That's fraud by non-disclosure.
[13:05.000 --> 13:14.000]  And here are the elements that a party made a voluntary statement.
[13:14.000 --> 13:17.000]  The voluntary statement was false.
[13:17.000 --> 13:23.000]  The person who made the statement knew the voluntary statement was false.
[13:23.000 --> 13:31.000]  The person also knew that I didn't have equal access to the information.
[13:31.000 --> 13:37.000]  So it was not reasonable that I should be able to determine that the statement was false.
[13:37.000 --> 13:51.000]  For instance, the evidence of that may be in the speaker's own personal records that I accepted the statement is true,
[13:51.000 --> 13:58.000]  that I took some action based on that statement and was harmed thereby.
[13:58.000 --> 14:07.000]  If you attempt to bring a claim of fraud by non-disclosure, you have to prove each one of those elements.
[14:07.000 --> 14:14.000]  You miss one of them and the court has no power to rule in your favor.
[14:14.000 --> 14:16.000]  And you can only prove what you've pled.
[14:16.000 --> 14:21.000]  What you've put into the initial accusation paperwork is the only things you're allowed to prove.
[14:21.000 --> 14:24.000]  You can't go off and start proving the one that you left out.
[14:24.000 --> 14:33.000]  If you didn't put it in the first place, then the court ought to throw your paperwork out right up front and call it frivolous.
[14:33.000 --> 14:40.000]  They're going to say you fail to make a claim on which recovery can be had.
[14:40.000 --> 14:52.000]  In your cause of action, in your accusation, you must allege every element and facts to support that element.
[14:52.000 --> 15:00.000]  Joe Blow over here told me that the sky tomorrow morning would be green.
[15:00.000 --> 15:13.000]  Well, he has to, I have to plead, if the sky being green is an important element, I have to plead that specifically.
[15:13.000 --> 15:15.000]  So that the other side has notice.
[15:15.000 --> 15:17.000]  This all goes to notice.
[15:17.000 --> 15:21.000]  In civil, they want things to be civil.
[15:21.000 --> 15:34.000]  They want all of the law, all the facts from both sides so that the court can look at all the facts in total and render a just decision based on all the facts.
[15:34.000 --> 15:39.000]  If you don't give them all the facts, they can't render a ruling.
[15:39.000 --> 15:46.000]  If you don't give them every element necessary to support a claim, they have no power to rule in your favor.
[15:46.000 --> 15:50.000]  And what you'll get in a normal lawsuit.
[15:50.000 --> 15:57.000]  If it's federal, you'll get the standard rule 12B6 motion to dismiss your favor to state a claim.
[15:57.000 --> 16:03.000]  You stated everything except this one element you missed.
[16:03.000 --> 16:04.000]  You failed to state a claim.
[16:04.000 --> 16:07.000]  The court has no power to ruin your favor.
[16:07.000 --> 16:17.000]  So before you make a claim, make sure that you have isolated the specific claim you want to make.
[16:17.000 --> 16:21.000]  And make sure you claim every element.
[16:21.000 --> 16:33.000]  The best way to be sure you have all the elements is go online and find pattern jury charges for whatever cause of action or claim you want to make.
[16:33.000 --> 16:40.000]  The last thing the judge will say to the jury, this is what you must find.
[16:40.000 --> 16:45.000]  And he will walk through every one of the elements.
[16:45.000 --> 16:50.000]  If they miss one, the jury has no power to rule in your favor.
[16:50.000 --> 16:53.000]  So see if you can find better jury charges.
[16:53.000 --> 16:55.000]  Hang on, ready to count Brett Felton?
[16:55.000 --> 17:00.000]  We'll be right back.
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[20:20.000 --> 20:30.000]  So we're going to go ahead and go to Larry in Arizona. Good evening, Larry. What's on your mind? Good evening, Rhett and Randy.
[20:30.000 --> 20:45.000]  Okay, first thing I need to ask you is Randy's favorite statute about denying you have a right, the Ku Klux Klan Act. What's the number of that in the Texas Code?
[20:45.000 --> 21:04.000]  In Texas, it's the penal code. It's 39.03. And he references it as that Ku Klux Klan that's in the Fed. But yeah, what you're asking about in Texas is 3903.
[21:04.000 --> 21:26.000]  The Ku Klux Klan Act is 18 U.S. Code 241, 242, and also encompasses a couple others. But the primary one is 242. And 39.03 penal code, official oppression, almost exactly mimics the verbiage of 18 U.S. Code 242.
[21:26.000 --> 21:44.000]  Just about every state and union has a statute that reflects that particular code. I mean, I've been looking in Arizona for a couple of years. I haven't found it yet, but I want to compare yours to mine again, see if I can find it.
[21:44.000 --> 21:52.000]  I've seen it in Arizona. New Mexico is the hardest one to find.
[21:52.000 --> 21:57.000]  Have a look. Okay, go ahead.
[21:57.000 --> 22:08.000]  Last time I talked to you guys was about three months ago, and I was telling you that they are, I have people trying to foreclose on my patented ranch property.
[22:08.000 --> 22:29.000]  And you told me to transfer it from state court into the Fed, so I filed that. It went into the federal court, and it sat there for two months, and the federal judge remanded it back to the state court saying this is not a federal issue.
[22:29.000 --> 22:34.000]  This is a property rights issue.
[22:34.000 --> 22:41.000]  So we're headed back into state court now, and so I guess that's one, I'll let you comment on that.
[22:41.000 --> 22:56.000]  My other question would be, how does a state superior court have jurisdiction over land that was granted prior to statehood?
[22:56.000 --> 23:04.000]  That's a good question, and that question will be specific to Arizona.
[23:04.000 --> 23:22.000]  Because once Arizona became a state, the property was within the territorial boundaries of the state and falls within the sovereign authority of the state.
[23:22.000 --> 23:27.000]  And states treat that differently.
[23:27.000 --> 23:31.000]  So have you looked up land patents in Arizona?
[23:31.000 --> 23:35.000]  I found some case law on it.
[23:35.000 --> 23:41.000]  Are you telling me I should be looking at something else differently?
[23:41.000 --> 23:58.000]  What you found, we're trying to find something that states the disposition of land patent property in Arizona.
[23:58.000 --> 24:06.000]  What authority does the state of Arizona have over patented property?
[24:06.000 --> 24:09.000]  It's going to be different for every state, so I don't know.
[24:09.000 --> 24:14.000]  Okay.
[24:14.000 --> 24:19.000]  Okay, that's interesting. I haven't looked for that yet.
[24:19.000 --> 24:36.000]  Okay, and then, do I have a right to go to this federal judge that remanded it back to the state and ask him for a facts and findings conclusions of law?
[24:36.000 --> 24:38.000]  No.
[24:38.000 --> 24:43.000]  That will generally be statutory.
[24:43.000 --> 25:00.000]  When you say right, I'm thinking in one of these inalienable type rights, the rights that you automatically have, no, this is a matter of practice and procedure.
[25:00.000 --> 25:11.000]  So unless you have, like in Texas, we have a statute that we have a rule under 297.
[25:11.000 --> 25:23.000]  And that's the one that says that if a litigant requests findings of facts and conclusions of law, the judge shall produce findings of fact conclusions of law within 20 days.
[25:23.000 --> 25:31.000]  Okay, that establishes not so much a right, but a duty on duty.
[25:31.000 --> 25:35.000]  A duty on the part of the judge.
[25:35.000 --> 25:50.000]  And the law that establishes duties of public officials go to due process and due process is something you do have a right to.
[25:50.000 --> 25:59.000]  So you have a right to the proper adjudication or a proper enforcement of laws.
[25:59.000 --> 26:08.000]  So to say you have a specific right to a specific thing, it's a little more tenuous than that.
[26:08.000 --> 26:14.000]  You have to claim that this right falls under due process.
[26:14.000 --> 26:19.000]  It's like we do with the examining trials.
[26:19.000 --> 26:29.000]  The courts are saying and the police and prosecutors are saying, well, you don't have a right to an examining trial in a Class C misdemeanor.
[26:29.000 --> 26:32.000]  And I'm saying to them, so what?
[26:32.000 --> 26:35.000]  What does that have to do with anything?
[26:35.000 --> 26:43.000]  Because the statute specifically commands the courts to hold an examining trial.
[26:43.000 --> 26:49.000]  It commands the police to take the person arrested to the nearest magistrate.
[26:49.000 --> 27:04.000]  And then it commands the magistrate to keep peace in the state and to convene examining trials, examining courts.
[27:04.000 --> 27:11.000]  The only job a magistrate has is to hold examining courts.
[27:11.000 --> 27:16.000]  And he holds examining courts as all these things he must do, all the steps he must take.
[27:16.000 --> 27:20.000]  Now, all of that goes to the due course of the laws.
[27:20.000 --> 27:22.000]  That's what they call it in Texas.
[27:22.000 --> 27:25.000]  In most states, they call it due process.
[27:25.000 --> 27:28.000]  And that's statutory due process.
[27:28.000 --> 27:34.000]  And due process is something you have a right to.
[27:34.000 --> 27:37.000]  So is that making sense?
[27:37.000 --> 27:41.000]  Oh, yes, yes, yes, 100%.
[27:41.000 --> 27:57.000]  So it's not that we have the specific right to that specific thing is I'm not sure if patented land gives you a specific white in a certain circumstance.
[27:57.000 --> 28:00.000]  Because I don't know what the law says in Arizona.
[28:00.000 --> 28:02.000]  That's what we got to look up.
[28:02.000 --> 28:04.000]  Okay.
[28:04.000 --> 28:12.000]  I did find something to your first question where you were asking about the official oppression, official misconduct.
[28:12.000 --> 28:23.000]  In Arizona, you might take a look at the Arizona revised statute section 38-443.
[28:23.000 --> 28:25.000]  That one looks really useful.
[28:25.000 --> 28:28.000]  It's only half of the equation, though.
[28:28.000 --> 28:36.000]  In Texas, they put them both in the same place. They put when he fails or refuses to do something he is required to do, that's a crime.
[28:36.000 --> 28:40.000]  And then they have like A and B inside the same 3903 there.
[28:40.000 --> 28:48.000]  The other thing is if he exercises an authority he doesn't have, he acts outside of his authority.
[28:48.000 --> 28:50.000]  That's also a crime.
[28:50.000 --> 28:55.000]  So acting outside or failing to do his duty, those are two different crimes and often they do both.
[28:55.000 --> 29:01.000]  And you've got this one here in Arizona revised statute section 38-443.
[29:01.000 --> 29:05.000]  It says non-feasance in public office.
[29:05.000 --> 29:08.000]  So a public office or person.
[29:08.000 --> 29:09.000]  I'm sorry. Go ahead.
[29:09.000 --> 29:24.000]  Sorry to say that's dead on because in, say the Texas Penal Code 3903, if a public official fails to perform a duty he is required to perform,
[29:24.000 --> 29:26.000]  that's non-feasance.
[29:26.000 --> 29:36.000]  If a public official exerts or purports to exert an authority he doesn't have, that's malfeasance.
[29:36.000 --> 29:39.000]  So this one sounds like it's right on.
[29:39.000 --> 29:41.000]  Yeah, it's only half of the equation.
[29:41.000 --> 29:49.000]  So depending on what you're noticing their crime is, if they're failing to do it, then this one fits.
[29:49.000 --> 29:55.000]  It says a public officer or person holding a position of public trust or employment.
[29:55.000 --> 30:00.000]  Well, I'll have to read the rest of it after we come back from our sponsors.
[30:00.000 --> 30:07.000]  It's clear cell phones have changed the way we live and work, but have they negatively affected our health?
[30:07.000 --> 30:15.000]  I'm Dr. Catherine Albrecht and I'll be back in just a moment with new findings about how cell phones may actually alter our brain chemistry.
[30:15.000 --> 30:20.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:20.000 --> 30:25.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.000 --> 30:30.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[30:30.000 --> 30:33.000]  Privacy, it's worth hanging on to.
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[30:44.000 --> 30:48.000]  Cell phones emit radio frequency energy. It's a fact.
[30:48.000 --> 30:53.000]  But whether it's dangerous to have a phone beaming this kind of radiation near your head has been disputed.
[30:53.000 --> 30:57.000]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.000 --> 31:03.000]  Well, now the Journal of the American Medical Association is confirming that cell phones affect brain chemistry.
[31:03.000 --> 31:12.000]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest to the cell phone antenna increases when the cell phone is on.
[31:12.000 --> 31:17.000]  Researchers aren't sure whether this exposure causes damage. I'm not taking any chances.
[31:17.000 --> 31:21.000]  I always keep the phone far from my body, and I use a corded headset.
[31:21.000 --> 31:43.000]  Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:52.000 --> 31:55.000]  Bring justice to my son, my uncle, my nephew, my son.
[31:55.000 --> 31:57.000]  Go to BuildingWhat.org.
[31:57.000 --> 32:22.000]  Logos Radio Network welcomes a new show to our lineup for the new year. Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[32:22.000 --> 32:27.000]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:27.000 --> 32:35.000]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[32:35.000 --> 32:42.000]  Our verse by verse Bible studies will begin in the book of Matthew, where we will discuss one chapter per week.
[32:42.000 --> 32:49.000]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[32:49.000 --> 33:03.000]  Check your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
[33:03.000 --> 33:12.000]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:12.000 --> 33:25.000]  Yeah, I got a warrant and I gonna solve them to the head of government them, prosecute them.
[33:25.000 --> 33:45.000]  Okay.
[33:45.000 --> 33:47.000]  All right, we are back.
[33:47.000 --> 33:49.000]  This is the rule of law radio.
[33:49.000 --> 34:03.000]  Randy Kelton, I'm Brett Fouton and we're talking with Larry in Arizona and Larry, I was just reading the Arizona Revised Statutes section 38-443.
[34:03.000 --> 34:08.000]  Now, there are a few of them here that I think could be useful to you.
[34:08.000 --> 34:18.000]  They're all in section 38 there, but 443 says a public officer or person holding a position of public trust or employment
[34:18.000 --> 34:30.000]  who knowingly omits to perform any duty, the performance of which is required by him by law, is guilty of a class two misdemeanor,
[34:30.000 --> 34:36.000]  unless special provision has been made for punishment of such a mission.
[34:36.000 --> 34:47.000]  So that one right there fits as a parallel to half of the Texas Penal Code 3903.
[34:47.000 --> 34:54.000]  There are some other things that don't exactly go to the other half, but I still think I'm gonna mention them because they look like they'd be useful to you.
[34:54.000 --> 35:09.000]  One is section 38-442, 231, 341, and 234.
[35:09.000 --> 35:31.000]  They're all in section 38, so just go over those one more time. It's section 38-443, 442, 231, 341, and 234.
[35:31.000 --> 35:39.000]  I'll look at those when we get off the air here.
[35:39.000 --> 35:44.000]  Okay, so I'm curious. What's the best way for me to proceed in the superior...
[35:44.000 --> 36:00.000]  Now that I'm back in the superior court, we do have a section in our Constitution that says if land was acquired from the United States, it's tax exempt.
[36:00.000 --> 36:09.000]  But how do I fight that? I mean, how do I utilize it in the superior court?
[36:09.000 --> 36:17.000]  Okay, where is that statute? Is that a state statute or is that a federal statute?
[36:17.000 --> 36:20.000]  The one about it's not taxable.
[36:20.000 --> 36:22.000]  Yes.
[36:22.000 --> 36:27.000]  That's Article 20, Section 4 and 5 of our Constitution.
[36:27.000 --> 36:31.000]  Our state or federal?
[36:31.000 --> 36:46.000]  It's in the state Constitution and the same wording is reiterated in the Enabling Act of 1910, which is the federal law.
[36:46.000 --> 36:54.000]  Okay, hold on. The Enabling Act of 1910, the federal law. What federal law are you speaking to?
[36:54.000 --> 37:03.000]  Well, the Enabling Act of 1910 is what Congress passed in order to let Arizona become a state.
[37:03.000 --> 37:12.000]  Okay. Well, what I was trying to do is find federal jurisdiction and so far I haven't.
[37:12.000 --> 37:19.000]  So you could appeal the judge's remand.
[37:19.000 --> 37:27.000]  You remove the judge's remand that you can appeal that, but I have to find a federal claim in order to get there.
[37:27.000 --> 37:29.000]  And that's what I was looking for.
[37:29.000 --> 37:32.000]  Oh, okay.
[37:32.000 --> 37:41.000]  So it doesn't look like I have one, but that's okay. You annoyed them greatly.
[37:41.000 --> 37:49.000]  Then part of what we're doing is giving them what's much difficult as you can. Now, if I was an attorney, I could be bar grieved for saying that.
[37:49.000 --> 37:52.000]  And I could be sanctioned for saying that.
[37:52.000 --> 38:02.000]  Oh, it's naughty, naughty. You should not use as a strategy increasing the cost of litigation.
[38:02.000 --> 38:08.000]  Yeah, tough guys deal with it.
[38:08.000 --> 38:12.000]  So use that. So you pushed him around.
[38:12.000 --> 38:20.000]  You want them to reach a point to where they will say that this is self defeating.
[38:20.000 --> 38:26.000]  We need to make a deal and I would suggest that you go to the defendants.
[38:26.000 --> 38:33.000]  Have you asked the court to order mediation?
[38:33.000 --> 38:35.000]  No, I haven't.
[38:35.000 --> 38:41.000]  So just put in a motion asking the court to order mediation.
[38:41.000 --> 38:50.000]  What this does is opens the door so that the lawyers on the other side can talk to you.
[38:50.000 --> 38:56.000]  You're pro say they're really, really reluctant to talk to you.
[38:56.000 --> 39:05.000]  One, because you're the client and for lawyers talking to clients is always a minefield for them.
[39:05.000 --> 39:08.000]  And two, you're the litigant.
[39:08.000 --> 39:12.000]  So it's just a real problem for them.
[39:12.000 --> 39:20.000]  So if you ask for you and the lawyers, they don't want to lose to a pro say.
[39:20.000 --> 39:29.000]  So you put them in a position to where they have to talk to you. Now they can talk to you and not lose face.
[39:29.000 --> 39:33.000]  And you say, guys, you know, I'm going to cost you a lot of money.
[39:33.000 --> 39:40.000]  I will keep you in court until we get old to take the first issue I bring.
[39:40.000 --> 39:44.000]  I will bring the issue you'll inject.
[39:44.000 --> 39:48.000]  I'll ask for discovery. You'll object. We'll fight back and forth.
[39:48.000 --> 39:58.000]  It will be five to seven years before we get this to the U.S. Supreme and the U.S. Supreme will almost certainly deny my cert.
[39:58.000 --> 40:04.000]  And then I'll come back with another claim against you. How long you want to be in court with me?
[40:04.000 --> 40:08.000]  Because I can tell you how long I want to be in court with you.
[40:08.000 --> 40:12.000]  As long as you want to make claims against my property, I want to be in court with you.
[40:12.000 --> 40:18.000]  How much money do you want to spend? Do you want to make a deal, make this go away?
[40:18.000 --> 40:24.000]  The only way we're really going to win is make a deal.
[40:24.000 --> 40:30.000]  Get them to take you off the public tax rolls and put you on the private side.
[40:30.000 --> 40:42.000]  Have you contacted the tax assessor collector and asked the tax assessor collector if the state has a claim against your property?
[40:42.000 --> 40:48.000]  Yes, I have. I've asked the assessor and I've asked the treasurer that sold the liens.
[40:48.000 --> 40:50.000]  And did they respond?
[40:50.000 --> 40:59.000]  They responded saying we have no documentation responsive to your request.
[40:59.000 --> 41:09.000]  Then you claim, in your suit, did you claim that the state has no claim against your property?
[41:09.000 --> 41:14.000]  Well, no, because the lien holders are suing me. I'm not suing them.
[41:14.000 --> 41:17.000]  Oh, wait. Hold on. Hold on. Lien holders?
[41:17.000 --> 41:18.000]  Yes.
[41:18.000 --> 41:30.000]  The property that has an alloidal title, the only liens that can be on it are the liens that the holder agreed to.
[41:30.000 --> 41:32.000]  Did you agree to some liens?
[41:32.000 --> 41:34.000]  No, I did not.
[41:34.000 --> 41:36.000]  Are these tax liens?
[41:36.000 --> 41:38.000]  Yes.
[41:38.000 --> 41:48.000]  If you have private property, the state has no claim against your property and therefore they can't have a tax rate.
[41:48.000 --> 41:54.000]  Well, that's my position, but they keep telling me it's on the tax rolls.
[41:54.000 --> 42:05.000]  Okay, that'll work, guys. This needs to go to the feds. The feds needs to address this issue.
[42:05.000 --> 42:13.000]  And this is the kind of issue the supreme is likely to look at because the states need direction.
[42:13.000 --> 42:20.000]  They need the supreme to tell them how to adjudicate these codes.
[42:20.000 --> 42:29.000]  You don't ever want to get to a trial judgment because they're always going to lose. They're corrupt.
[42:29.000 --> 42:35.000]  What you want to do is raise an issue. They're not going to want to risk getting into court.
[42:35.000 --> 42:45.000]  And you stand on the claim that you can't have a tax lien on an alloidal property.
[42:45.000 --> 42:50.000]  It doesn't belong to the state. The state has no claim. Therefore, they can't tax it.
[42:50.000 --> 42:52.000]  Was that the argument that you brought?
[42:52.000 --> 42:54.000]  Yes.
[42:54.000 --> 43:03.000]  Okay, just let them know. Ask for mediation and then tell them, look, guys, we're going to get to take this to the fed.
[43:03.000 --> 43:12.000]  We're going to get it to the supreme. This is a common problem because all of the states and the supreme needs to give some direction on this.
[43:12.000 --> 43:16.000]  So we're just going through the motions.
[43:16.000 --> 43:24.000]  It sounds like you're in a good place, Larry. It sounds like you're in your position well from this.
[43:24.000 --> 43:29.000]  Yeah, now ask for mediation and let them know. You know, this is where I want to go.
[43:29.000 --> 43:35.000]  I want to get a ruling by the fed saying you can't tax anybody who has a loyal title.
[43:35.000 --> 43:39.000]  They are not going to want that to go to the fed.
[43:39.000 --> 43:49.000]  You see what Randy just did? He just translated it from you can't tax my little square of property to you can't tax anybody's property.
[43:49.000 --> 43:53.000]  That's why they're not going to want that to be addressed there.
[43:53.000 --> 44:00.000]  Your little square is nothing. They don't want a ruling that will go against them.
[44:00.000 --> 44:06.000]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[44:06.000 --> 44:09.000]  People feed their pets better than they feed themselves.
[44:09.000 --> 44:11.000]  And it's time we changed all that.
[44:11.000 --> 44:17.000]  Our primary defense against aging and disease in this toxic environment is good nutrition.
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[44:25.000 --> 44:31.000]  Logo's radio network gets many requests to endorse all sorts of products, most of which we reject.
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[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:15.000]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand four-CD course that will show you how in 24 hours, step by step.
[45:15.000 --> 45:19.000]  If you have a lawyer, know what your lawyer should be doing.
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[46:23.000 --> 46:30.000]  Yes, always, I must be careful what I'm wishing for.
[46:30.000 --> 46:35.000]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.000 --> 46:41.000]  I ain't asking for much, I ain't trying to be no-bloodin'.
[46:41.000 --> 46:47.000]  I'm just here makin' my livin' pushin' buttons.
[46:47.000 --> 46:53.000]  I get my message, I do anyone in shot and distance.
[46:53.000 --> 47:07.000]  Okay, we are back, Randy Kelton, Brett Fountain, rule of law radio, and we're going to my favorite part of the nature of lawsuits.
[47:07.000 --> 47:15.000]  You know, we stayed on here, you can never expect to win your case in the trial court.
[47:15.000 --> 47:20.000]  You can expect the court to rule against you out of hand today, every turn. We don't care.
[47:20.000 --> 47:28.000]  The reason we don't care is everything we do is pointed toward the courts of appeals,
[47:28.000 --> 47:38.000]  because the courts of appeals are the ones that must maintain the corpus jurus, the body of law.
[47:38.000 --> 47:47.000]  And in that, from that perspective, they don't really care so much about any particular issue.
[47:47.000 --> 47:55.000]  They care about the general nature of the rulings, because they render a bogus ruling.
[47:55.000 --> 48:06.000]  When an appellate court or a supreme rules, that becomes law, and every shyster lawyer out there can use that ruling.
[48:06.000 --> 48:12.000]  And the more crappy the ruling is, the more these shysters get to play with it.
[48:12.000 --> 48:16.000]  And then the courts will have to come back and fix it.
[48:16.000 --> 48:21.000]  So they want to be careful about the changes they allow to be made.
[48:21.000 --> 48:34.000]  So you always want to ask a question, such that if the appellate court rules in the defendant's favor,
[48:34.000 --> 48:37.000]  it screws up everything.
[48:37.000 --> 48:40.000]  Example, Chazanowski.
[48:40.000 --> 48:52.000]  For closure, under the Real Estate Settlement Procedures Act, the very last statute in there goes to rescission.
[48:52.000 --> 48:59.000]  You can rescind the mortgage within the first 12 months just because you want to.
[48:59.000 --> 49:04.000]  And when you rescind, it makes everything go away.
[49:04.000 --> 49:07.000]  The bank gives you back every penny you paid them.
[49:07.000 --> 49:13.000]  You give the bank back what they gave you, and it's like it never happened.
[49:13.000 --> 49:15.000]  What about the home?
[49:15.000 --> 49:18.000]  The home goes back to the bank.
[49:18.000 --> 49:26.000]  So the question was, well, this guy's, Chazanowski rescinded on the last day.
[49:26.000 --> 49:33.000]  And they rescinded because of a $10 alleged overpayment.
[49:33.000 --> 49:37.000]  And the bank said, well, you have to give us the house back.
[49:37.000 --> 49:39.000]  Then we'll give you all your money back.
[49:39.000 --> 49:41.000]  And they said, no, no, no, no, no, no.
[49:41.000 --> 49:43.000]  You have to give us our money back.
[49:43.000 --> 49:46.000]  Then we'll give you the house back.
[49:46.000 --> 49:55.000]  See, it was important to the bank that they get the house returned to them before they give you the money back because then they're not going to give you the money.
[49:55.000 --> 50:00.000]  And then you have to spend 10 years fighting to get the money back.
[50:00.000 --> 50:06.000]  So that would leave you without a house and no money.
[50:06.000 --> 50:13.000]  So the issue was, should the bank give you all the money first?
[50:13.000 --> 50:22.000]  Well, Chazanowski filed this decision and it was like a $150,000 house.
[50:22.000 --> 50:25.000]  Trump changed.
[50:25.000 --> 50:32.000]  And somebody let this go all the way to the U.S. Supreme.
[50:32.000 --> 50:38.000]  And the U.S. Supreme stuck it up the banks and broke it off in them.
[50:38.000 --> 50:44.000]  The U.S. Supreme said, you have to give all the money back first.
[50:44.000 --> 50:50.000]  Then the borrower signs the house over to you.
[50:50.000 --> 50:53.000]  That made it really easy for people to rescind.
[50:53.000 --> 51:01.000]  So my question was, who was the moron who ever let this get to the Supreme Court?
[51:01.000 --> 51:04.000]  Were you out of your mind?
[51:04.000 --> 51:10.000]  Did nobody look at this and consider the ramifications?
[51:10.000 --> 51:11.000]  Who did this?
[51:11.000 --> 51:19.000]  You know, there are a thousand things that come up all the time that if the ruled against one party or the other,
[51:19.000 --> 51:24.000]  it would cause them major and continuing grief.
[51:24.000 --> 51:32.000]  So where was the lawyer with half an ounce of brains who would say to the bank, look,
[51:32.000 --> 51:39.000]  this is going to cost you more than that house is worth just to get it to the Supreme.
[51:39.000 --> 51:43.000]  And you're playing Russian roulette.
[51:43.000 --> 51:46.000]  What if it gets to the Supreme and they rule against us?
[51:46.000 --> 51:50.000]  Did nobody make that calculation?
[51:50.000 --> 51:54.000]  You need to make sure they make that calculation.
[51:54.000 --> 51:57.000]  Look, guys, this is going to cost you.
[51:57.000 --> 52:03.000]  It's going to cost you more than any taxes you'd ever collect from me.
[52:03.000 --> 52:08.000]  And what if I get a ruling in my favor?
[52:08.000 --> 52:11.000]  What's that going to cost you?
[52:11.000 --> 52:19.000]  So do the math, make me an offer, and I'll go away and leave you alone.
[52:19.000 --> 52:21.000]  Does that make sense, Larry?
[52:21.000 --> 52:24.000]  Yes, yeah, yeah, I can see that.
[52:24.000 --> 52:28.000]  Yeah, stop thinking in terms of winning your case.
[52:28.000 --> 52:30.000]  You're not going to win your case.
[52:30.000 --> 52:32.000]  The system's corrupt.
[52:32.000 --> 52:37.000]  Start thinking in terms of how much money you can cost them.
[52:37.000 --> 52:39.000]  Okay.
[52:39.000 --> 52:41.000]  Yeah, that changes.
[52:41.000 --> 52:46.000]  You know, I tell everybody it's all politics and all politics goes to the money.
[52:46.000 --> 52:54.000]  Once you shift that gear, then all sorts of opportunities begin to open up.
[52:54.000 --> 52:57.000]  Bar grieve them into the Stone Age.
[52:57.000 --> 52:59.000]  Judicial conduct complaint the judge.
[52:59.000 --> 53:02.000]  You don't care if that judge is upset at you.
[53:02.000 --> 53:05.000]  I once told the judge that I'm not here dangling by my bar card.
[53:05.000 --> 53:07.000]  The judge is already P owed.
[53:07.000 --> 53:11.000]  The lawyer was furious because we'd bar grieved her.
[53:11.000 --> 53:22.000]  This is the judge that accused me of looking through the glass in the courthouse courtroom door, threateningly.
[53:22.000 --> 53:26.000]  They sent the bailiffs out to throw me out of the building.
[53:26.000 --> 53:27.000]  Wow.
[53:27.000 --> 53:32.000]  I said, threateningly, you guys go ahead and throw me out of the building.
[53:32.000 --> 53:40.000]  But in the process, I'm going to want you to arrest the judge for official oppression.
[53:40.000 --> 53:45.000]  As I was telling him this, the bailiff's head guy came out and he got the bailiff.
[53:45.000 --> 53:47.000]  He said, come on, let's go.
[53:47.000 --> 53:49.000]  You just stay where you're at.
[53:49.000 --> 53:52.000]  But don't be looking in that door threateningly anymore.
[53:52.000 --> 53:56.000]  Oh, I won't, Sergeant.
[53:56.000 --> 54:01.000]  The idea is cause them as much grief as possible.
[54:01.000 --> 54:03.000]  You don't have to be afraid of that judge.
[54:03.000 --> 54:06.000]  You don't care if that judge is mad at you or not.
[54:06.000 --> 54:10.000]  You don't care if he rules against you because he's going through anyway.
[54:10.000 --> 54:13.000]  You want him P owed.
[54:13.000 --> 54:18.000]  You want him to want you off his case.
[54:18.000 --> 54:26.000]  If he can't talk to you about getting you off his case, who can he talk to?
[54:26.000 --> 54:31.000]  He's the lawyer on the other side.
[54:31.000 --> 54:39.000]  And we've had that happen in the federal court where Laura Burton, the judge told the prosecutor
[54:39.000 --> 54:41.000]  that you can have this courtroom this evening.
[54:41.000 --> 54:43.000]  It's all yours.
[54:43.000 --> 54:49.000]  But when I come back tomorrow, you will have made Miss Burton an offer she cannot refuse.
[54:49.000 --> 54:52.000]  I do not want to see her facing my courtroom again.
[54:52.000 --> 54:55.000]  Do I make myself clear?
[54:55.000 --> 54:57.000]  This is what you want.
[54:57.000 --> 55:03.000]  So hammer the judge, hammer the lawyers, increase their cost as much as possible and say,
[55:03.000 --> 55:05.000]  make me a deal, guys.
[55:05.000 --> 55:07.000]  We'll be doing this the next five to seven years.
[55:07.000 --> 55:11.000]  And I won't be paying you any taxes while this is in court.
[55:11.000 --> 55:13.000]  Make me a deal.
[55:13.000 --> 55:14.000]  Yeah.
[55:14.000 --> 55:20.000]  Okay, Randy, you've mentioned a couple of times, removing your property from the tax roll.
[55:20.000 --> 55:21.000]  How do you do that?
[55:21.000 --> 55:24.000]  Because my assessor tells me that can't be done.
[55:24.000 --> 55:28.000]  Your assessor is lying to you.
[55:28.000 --> 55:38.000]  If you are on the private side, if the state has no claim against your property, they can't tax it.
[55:38.000 --> 55:46.000]  The only way they could tax it, the way this happened historically is the state sold property to people,
[55:46.000 --> 55:54.000]  but people didn't have the money to pay for the property, so they made a deal with the state to pay it out over time.
[55:54.000 --> 55:58.000]  And the state took a title claim against the property.
[55:58.000 --> 56:03.000]  And that title claim was filed in the public record.
[56:03.000 --> 56:11.000]  Once the title claim was paid off, that title claim should have came out of the public record.
[56:11.000 --> 56:18.000]  And your property comes off the tax rolls because they no longer have a claim against it.
[56:18.000 --> 56:24.000]  But they really liked collecting their taxes, so they didn't care what the law said.
[56:24.000 --> 56:27.000]  So get them to make you a deal.
[56:27.000 --> 56:34.000]  Okay, so how do you twist the state's arm to get to remove you from the tax roll?
[56:34.000 --> 56:36.000]  Or can you?
[56:36.000 --> 56:43.000]  You either, if you remove me from the tax roll, I'll drop my suit against you.
[56:43.000 --> 56:45.000]  Do the math, Bubba.
[56:45.000 --> 56:52.000]  How much tax do you expect to collect from me for the next 50 years?
[56:52.000 --> 56:57.000]  And is that going to equal what I'm going to cost you in litigation costs?
[56:57.000 --> 57:01.000]  And what if I get a ruling in my favor?
[57:01.000 --> 57:02.000]  Negotiate.
[57:02.000 --> 57:05.000]  Okay.
[57:05.000 --> 57:09.000]  Let's make our deal.
[57:09.000 --> 57:12.000]  Let me ask you a procedural question.
[57:12.000 --> 57:20.000]  When you file a declaratory judgment with the federal court, do you have to, do you just file that with the court?
[57:20.000 --> 57:25.000]  Or do you also have to serve the defendants in that, in that channel?
[57:25.000 --> 57:27.000]  You have to serve.
[57:27.000 --> 57:28.000]  Okay.
[57:28.000 --> 57:29.000]  There's no bushwhack.
[57:29.000 --> 57:31.000]  I got one last question for you.
[57:31.000 --> 57:48.000]  A few weeks ago, a young lady called you, who was a first-time caller, and she was asking you about how to fight an ordinance here in Arizona, where they tagged her for burning some weeds in her backyard during a fire ban.
[57:48.000 --> 58:06.000]  And the prosecutor has gotten really nasty with her, and actually sent her an email saying, I'm not prosecuting you for burning, I'm prosecuting you for the fact that you don't believe an ordinance applies to you.
[58:06.000 --> 58:11.000]  And she's out of town right now, so I told her I said, I got on the radio tonight.
[58:11.000 --> 58:16.000]  What kind of advice do you guys would have to fight that?
[58:16.000 --> 58:18.000]  Okay.
[58:18.000 --> 58:23.000]  I have a brief on this subject.
[58:23.000 --> 58:27.000]  Send me a request for it.
[58:27.000 --> 58:33.000]  We have an argument that was filed in Texas, but it's essentially the same argument for every state.
[58:33.000 --> 58:39.000]  The legislature was authorized to create law.
[58:39.000 --> 58:50.000]  They were also authorized to create courts, and they created municipal courts.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation, and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:27.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.000 --> 59:40.000]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.000 --> 59:44.000]  That's 888-551-0102.
[59:44.000 --> 01:00:00.000]  Or visit us online at bfa.org.
[01:00:00.000 --> 01:00:15.000]  The following news flashes brought to you by The Lone Star Lowdown.
[01:00:30.000 --> 01:00:59.000]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and entering 40.
[01:00:59.000 --> 01:01:04.000]  Today in history.
[01:01:04.000 --> 01:01:24.000]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing heaven to tax his law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.000 --> 01:01:33.000]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.000 --> 01:01:48.000]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:48.000 --> 01:02:01.000]  As well as other cities, too, like the District Attorney in El Paso, Kyman Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.000 --> 01:02:13.000]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.000 --> 01:02:22.000]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.000 --> 01:02:27.000]  A paper by Tulane University identified a five and a half inch American pocket shark.
[01:02:27.000 --> 01:02:39.000]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.000 --> 01:02:45.000]  According to the university paper, the sharks, it creates a luminous fluid from a gland near its front fins.
[01:02:45.000 --> 01:02:51.000]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:51.000 --> 01:03:00.000]  This is Book Roadie with the Lowdown for July 22, 2019.
[01:03:00.000 --> 01:03:12.000]  It's all according to the will of the Almighty.
[01:03:12.000 --> 01:03:19.000]  I read his book and it says he cares not for the unsightly.
[01:03:19.000 --> 01:03:28.000]  These warmongers come by that turn bright.
[01:03:28.000 --> 01:03:31.000]  I won't pay for the war with my body.
[01:03:31.000 --> 01:03:34.000]  Ain't gonna pay for the car with my money.
[01:03:34.000 --> 01:03:38.000]  I won't pay for the fun with my body.
[01:03:38.000 --> 01:03:41.000]  They're friends wicked and they're logic shoddy.
[01:03:41.000 --> 01:03:45.000]  Ain't gonna pay for the war with my body.
[01:03:45.000 --> 01:03:48.000]  I won't pay for the boys with my money.
[01:03:48.000 --> 01:03:51.000]  Ain't gonna pay for the kids with my body.
[01:03:51.000 --> 01:03:58.000]  Okay, we are back. Randy Kelton, Brett Fountain Rural Radio, and I was speaking to the political side.
[01:03:58.000 --> 01:04:03.000]  Brett wants to speak to a technical side.
[01:04:03.000 --> 01:04:05.000]  I'll address this quickly.
[01:04:05.000 --> 01:04:12.000]  They're both legitimate. They're both reasons to rebut what this prosecutor is doing.
[01:04:12.000 --> 01:04:14.000]  It's not that there's one over the other, but they're...
[01:04:14.000 --> 01:04:16.000]  Oh, no, no. I didn't mean it that way.
[01:04:16.000 --> 01:04:19.000]  There are two legitimate ways to go in after this.
[01:04:19.000 --> 01:04:28.000]  The fact that the prosecutor is only prosecuting this woman because she doesn't believe the ordinances apply.
[01:04:28.000 --> 01:04:33.000]  Well, first thing I would want to say is they don't.
[01:04:33.000 --> 01:04:41.000]  The legislature's authorized to create law and they're authorized to create courts.
[01:04:41.000 --> 01:04:55.000]  And the legislature has authorized municipalities and counties to create ordinances.
[01:04:55.000 --> 01:04:58.000]  However, there's a problem with those ordinances.
[01:04:58.000 --> 01:05:08.000]  If you apply the ordinance to the public at large, then that looks like a law.
[01:05:08.000 --> 01:05:24.000]  And as far as I can tell, the only entity that can create statutory requirements that apply to the public at large is the legislature, and they cannot delegate that authority.
[01:05:24.000 --> 01:05:33.000]  So if the city or county creates a municipal ordinance, they don't call them ordinances by mistake.
[01:05:33.000 --> 01:05:41.000]  If they called them law, then that would be unconstitutional because only the legislature can make law.
[01:05:41.000 --> 01:05:44.000]  And we're not saying that you can't have an ordinance.
[01:05:44.000 --> 01:05:55.000]  What we're saying is you can't apply that ordinance to anyone who is not in contractual privity with the county or the municipality,
[01:05:55.000 --> 01:06:03.000]  wherein you have agreed to abide by all of those ordinances or you are an employee of the county.
[01:06:03.000 --> 01:06:06.000]  Otherwise, it's unconstitutional.
[01:06:06.000 --> 01:06:21.000]  And the Texas Court of Appeals, when we filed a petition for Rita Mandamus in the Pixar case claiming that the ordinances as applied to the individuals unconstitutional,
[01:06:21.000 --> 01:06:26.000]  they dismissed the case for a different reason.
[01:06:26.000 --> 01:06:39.000]  They went into the codes and found this really obscure issue that the city, in order to hold this kind of a meeting, had to file a declaration somewhere.
[01:06:39.000 --> 01:06:42.000]  And they didn't file this declaration.
[01:06:42.000 --> 01:06:45.000]  And I looked at that and said, what in the heck is that?
[01:06:45.000 --> 01:06:48.000]  I've never heard of such a thing.
[01:06:48.000 --> 01:06:50.000]  So why did they do that?
[01:06:50.000 --> 01:06:58.000]  They did that because they didn't want to touch this ordinance issue with a 10-foot pole.
[01:06:58.000 --> 01:07:04.000]  What if the Supreme agreed with us?
[01:07:04.000 --> 01:07:08.000]  All city ordinances are trash.
[01:07:08.000 --> 01:07:13.000]  And they were aware of the problem of Jasonowski.
[01:07:13.000 --> 01:07:17.000]  And they were not going to let this get to the Supreme.
[01:07:17.000 --> 01:07:19.000]  That's my story that I'm sticking to it.
[01:07:19.000 --> 01:07:28.000]  Brett, will you address the prosecutor punishing a citizen?
[01:07:28.000 --> 01:07:30.000]  Punishing.
[01:07:30.000 --> 01:07:31.000]  Well, how?
[01:07:31.000 --> 01:07:33.000]  How dare you?
[01:07:33.000 --> 01:07:36.000]  The belief was not a crime.
[01:07:36.000 --> 01:07:43.000]  And he's telling this lady, I'm going to prosecute you because you believe that XYZ doesn't apply to you.
[01:07:43.000 --> 01:07:47.000]  And beliefs in themselves are not a crime.
[01:07:47.000 --> 01:07:52.000]  It's what she does with the belief that would potentially get her in trouble.
[01:07:52.000 --> 01:08:01.000]  And the belief itself is not enough for accusing somebody, let alone prosecuting them.
[01:08:01.000 --> 01:08:06.000]  So I'm going to punish you because of what you believe.
[01:08:06.000 --> 01:08:14.000]  Oh, Larry, tell me she has bar-greaved this guy into the stone edge.
[01:08:14.000 --> 01:08:16.000]  Oh, Randy, you're going to love this.
[01:08:16.000 --> 01:08:21.000]  Three of us are bar-greaving this guy so far.
[01:08:21.000 --> 01:08:22.000]  What?
[01:08:22.000 --> 01:08:23.000]  What?
[01:08:23.000 --> 01:08:24.000]  Three?
[01:08:24.000 --> 01:08:26.000]  Only three?
[01:08:26.000 --> 01:08:28.000]  Well, wait a minute now.
[01:08:28.000 --> 01:08:30.000]  He has five against him.
[01:08:30.000 --> 01:08:31.000]  I think that's great.
[01:08:31.000 --> 01:08:33.000]  I'm getting too excited here.
[01:08:33.000 --> 01:08:42.000]  But you guys, the best part is he only passed the bar exam this last May.
[01:08:42.000 --> 01:08:50.000]  Oh, he is toast.
[01:08:50.000 --> 01:08:55.000]  I kind of think so.
[01:08:55.000 --> 01:09:04.000]  Very good chance that if he creates this issue and she winds up sending a really nasty, ugly, tort letter to the sea.
[01:09:04.000 --> 01:09:13.000]  Very good chance they will say, you have created a firestorm for us because you ran your mouth when you should have been quiet.
[01:09:13.000 --> 01:09:15.000]  You're out of here.
[01:09:15.000 --> 01:09:23.000]  And once he's out of there, nobody will touch him with a 10-foot pole.
[01:09:23.000 --> 01:09:25.000]  You did good work, Larry.
[01:09:25.000 --> 01:09:30.000]  I think he's kind of cooked on this one.
[01:09:30.000 --> 01:09:32.000]  I hope he learns something.
[01:09:32.000 --> 01:09:38.000]  But you know, this will put three people following bar grievances.
[01:09:38.000 --> 01:09:43.000]  You might have destroyed his career.
[01:09:43.000 --> 01:09:51.000]  Well, I guess he should know law then and know that you can't apply ordinances to the normal person.
[01:09:51.000 --> 01:09:53.000]  See how that works for you.
[01:09:53.000 --> 01:09:54.000]  This is good.
[01:09:54.000 --> 01:09:55.000]  You did that well.
[01:09:55.000 --> 01:09:57.000]  You need to keep up the good work.
[01:09:57.000 --> 01:10:10.000]  But I would suggest on your tax issue, unless you're on a crusade to change the world, a world of property tax,
[01:10:10.000 --> 01:10:15.000]  if it is your purpose to change the world, then by all means take them to the wall.
[01:10:15.000 --> 01:10:21.000]  But if it is your purpose to get off the tax rolls, make a deal.
[01:10:21.000 --> 01:10:28.000]  And then when you find somebody else who wants off the tax rolls, give them your paperwork and have them sue them.
[01:10:28.000 --> 01:10:30.000]  At the end of the day, it's all about the money.
[01:10:30.000 --> 01:10:32.000]  They're trying to collect taxes.
[01:10:32.000 --> 01:10:39.000]  If you cost them more to collect them, they will find another way to do it.
[01:10:39.000 --> 01:10:46.000]  And this could be the first time today that I didn't fall off the cliff.
[01:10:46.000 --> 01:10:48.000]  Everybody applauded.
[01:10:48.000 --> 01:10:49.000]  Never mind.
[01:10:49.000 --> 01:10:51.000]  Randy Kalb, Brett Fountain.
[01:10:51.000 --> 01:10:53.000]  We'll be right back.
[01:10:53.000 --> 01:10:56.000]  And Tina, you have a new caller.
[01:10:56.000 --> 01:10:58.000]  We'll be taking you next.
[01:10:58.000 --> 01:10:59.000]  We'll be right back.
[01:10:59.000 --> 01:11:02.000]  Well, actually, we got another six minutes.
[01:11:02.000 --> 01:11:03.000]  What?
[01:11:03.000 --> 01:11:06.000]  Oh, I'm looking at the last two numbers again.
[01:11:06.000 --> 01:11:08.000]  But you didn't fall off the cliff.
[01:11:08.000 --> 01:11:09.000]  That's good.
[01:11:09.000 --> 01:11:10.000]  No, I didn't fall off the cliff.
[01:11:10.000 --> 01:11:11.000]  I got five more minutes.
[01:11:11.000 --> 01:11:12.000]  I did that last night.
[01:11:12.000 --> 01:11:15.000]  My clock was kind of screwing up.
[01:11:15.000 --> 01:11:19.000]  And I'm watching those last two digits click down.
[01:11:19.000 --> 01:11:22.000]  But I wasn't looking at the minute before.
[01:11:22.000 --> 01:11:23.000]  Oh, well.
[01:11:23.000 --> 01:11:25.000]  Okay, Larry.
[01:11:25.000 --> 01:11:27.000]  Do we have a...
[01:11:27.000 --> 01:11:28.000]  Have we answered all your questions yet?
[01:11:28.000 --> 01:11:30.000]  Anything else for us?
[01:11:30.000 --> 01:11:31.000]  Just my last question.
[01:11:31.000 --> 01:11:40.000]  What should I put in my subject line to request this brief from?
[01:11:40.000 --> 01:11:44.000]  City Ordnance Brief.
[01:11:44.000 --> 01:11:45.000]  Okay.
[01:11:45.000 --> 01:11:46.000]  Yeah.
[01:11:46.000 --> 01:11:47.000]  Put it in all caps.
[01:11:47.000 --> 01:11:49.000]  I get about 100 emails a day.
[01:11:49.000 --> 01:11:52.000]  All caps makes it stand out.
[01:11:52.000 --> 01:11:53.000]  Okay.
[01:11:53.000 --> 01:11:55.000]  Well, I sure thank you guys for your time.
[01:11:55.000 --> 01:11:59.000]  And Brett, I thank you for looking up ARS for me.
[01:11:59.000 --> 01:12:04.000]  And you've given me a lot of work with.
[01:12:04.000 --> 01:12:05.000]  Okay.
[01:12:05.000 --> 01:12:07.000]  Larry, keep up the good work.
[01:12:07.000 --> 01:12:08.000]  Okay.
[01:12:08.000 --> 01:12:09.000]  Well, thank you guys.
[01:12:09.000 --> 01:12:10.000]  I appreciate everything.
[01:12:10.000 --> 01:12:11.000]  Okay.
[01:12:11.000 --> 01:12:16.000]  Now we're going to go to Tina in California.
[01:12:16.000 --> 01:12:21.000]  And Tina, you have brought us someone who is a new...
[01:12:21.000 --> 01:12:23.000]  First time caller.
[01:12:23.000 --> 01:12:31.000]  If you are in the 513 area code, give us a last name and a state.
[01:12:31.000 --> 01:12:34.000]  You mean the first name?
[01:12:34.000 --> 01:12:35.000]  No, not you.
[01:12:35.000 --> 01:12:37.000]  Last name and a state.
[01:12:37.000 --> 01:12:38.000]  Did I say last name?
[01:12:38.000 --> 01:12:40.000]  I'm at first date.
[01:12:40.000 --> 01:12:44.000]  I'm brain dead today.
[01:12:44.000 --> 01:12:46.000]  Mike in Ohio.
[01:12:46.000 --> 01:12:47.000]  Okay.
[01:12:47.000 --> 01:12:48.000]  Mike in Ohio.
[01:12:48.000 --> 01:12:49.000]  Okay.
[01:12:49.000 --> 01:12:53.000]  What do you have for us today?
[01:12:53.000 --> 01:12:59.000]  I have a companionship trial in juvenile court.
[01:12:59.000 --> 01:13:01.000]  And...
[01:13:01.000 --> 01:13:03.000]  Wait, wait, wait.
[01:13:03.000 --> 01:13:06.000]  Companionship trial?
[01:13:06.000 --> 01:13:11.000]  Companionship rights trial in juvenile court.
[01:13:11.000 --> 01:13:13.000]  What does that mean?
[01:13:13.000 --> 01:13:19.000]  I haven't heard that term in relative to court use before.
[01:13:19.000 --> 01:13:21.000]  My maternal...
[01:13:21.000 --> 01:13:28.000]  My son's maternal aunt is trying to get companionship rights, basically, to see my son and to talk
[01:13:28.000 --> 01:13:40.000]  to him at certain times when she gets a week for the summer to see him, where she calls
[01:13:40.000 --> 01:13:42.000]  him once every two weeks.
[01:13:42.000 --> 01:13:49.000]  But I'm fighting that because she has done so many things behind my back that it's not
[01:13:49.000 --> 01:13:50.000]  even funny.
[01:13:50.000 --> 01:13:53.000]  So it's kind of like grandparents' rights.
[01:13:53.000 --> 01:13:59.000]  I don't know, as far as I know, there are no grandparents' rights and there are no,
[01:13:59.000 --> 01:14:02.000]  especially no aunts' rights.
[01:14:02.000 --> 01:14:09.000]  In Ohio, they are allowed.
[01:14:09.000 --> 01:14:14.000]  What kind of right, what would this look like if somebody has companionship rights in Ohio?
[01:14:14.000 --> 01:14:19.000]  What would that look like if it were happening properly?
[01:14:19.000 --> 01:14:24.000]  It's not like custody.
[01:14:24.000 --> 01:14:30.000]  It's like if she were living in Ohio, which she doesn't, she would lose her mind.
[01:14:30.000 --> 01:14:37.000]  If she were in Ohio, she would be able to see him per court orders.
[01:14:37.000 --> 01:14:40.000]  So that's why we are...
[01:14:40.000 --> 01:14:50.000]  What statutory does it take to establish standing to make a claim for these rights?
[01:14:50.000 --> 01:14:54.000]  Is it co-sanguinity or something like that?
[01:14:54.000 --> 01:14:55.000]  Affinity?
[01:14:55.000 --> 01:15:03.000]  So anyone within a certain degree of co-sanguinity can claim rights to your children?
[01:15:03.000 --> 01:15:07.000]  Can claim companionship rights, yes.
[01:15:07.000 --> 01:15:15.000]  What does the statute say?
[01:15:15.000 --> 01:15:18.000]  They can...
[01:15:18.000 --> 01:15:28.000]  If aunt and his grandparents, they can take me to court to see my child.
[01:15:28.000 --> 01:15:31.000]  I'm not sure exactly what the statute is.
[01:15:31.000 --> 01:15:36.000]  Oh, you have to know what the statute is.
[01:15:36.000 --> 01:15:39.000]  Yeah, I might have just found it.
[01:15:39.000 --> 01:15:47.000]  I'm seeing in Ohio Revised Code section 3109 speaks to companionship.
[01:15:47.000 --> 01:15:55.000]  And I see 3109.051 talks about parenting time.
[01:15:55.000 --> 01:16:04.000]  And it's speaking about visitation rights, companionship rights, and the best interest of the child.
[01:16:04.000 --> 01:16:13.000]  So we have in 3109.12 will probably be another one that is good for you to read.
[01:16:13.000 --> 01:16:18.000]  It's speaking, again, about companionship visitation rights.
[01:16:18.000 --> 01:16:19.000]  So it's interesting.
[01:16:19.000 --> 01:16:22.000]  It's like parenting time, the court.
[01:16:22.000 --> 01:16:28.000]  So there's somebody who has certain third parties, not the child's parents,
[01:16:28.000 --> 01:16:36.000]  granted companionship or visitation rights with a child by a court in certain circumstances.
[01:16:36.000 --> 01:16:37.000]  Interesting.
[01:16:37.000 --> 01:16:41.000]  That's just new to me.
[01:16:41.000 --> 01:16:43.000]  Ohio is strange.
[01:16:43.000 --> 01:16:44.000]  Wait a minute.
[01:16:44.000 --> 01:16:48.000]  It's saying certain people in certain circumstances?
[01:16:48.000 --> 01:16:49.000]  Yes.
[01:16:49.000 --> 01:16:53.000]  That is about as vague as it can get.
[01:16:53.000 --> 01:16:54.000]  Oh, no, that's not the statute.
[01:16:54.000 --> 01:16:55.000]  It doesn't say that.
[01:16:55.000 --> 01:17:00.000]  I'm just taking off the numbers of the statutes, but then I'm just kind of stuck.
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[01:18:00.000 --> 01:18:01.000]  I love logos.
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[01:19:58.000 --> 01:19:59.000]  We are back.
[01:19:59.000 --> 01:20:02.000]  Randy Kelton Brett Fountain root of our radio.
[01:20:02.000 --> 01:20:06.000]  And this is new.
[01:20:06.000 --> 01:20:07.000]  This is unusual.
[01:20:07.000 --> 01:20:15.000]  But there are legal maxims and legal structures that are always in place.
[01:20:15.000 --> 01:20:18.000]  Are you the sole parent?
[01:20:18.000 --> 01:20:19.000]  Yes.
[01:20:19.000 --> 01:20:21.000]  I'm a widower.
[01:20:21.000 --> 01:20:22.000]  Okay.
[01:20:22.000 --> 01:20:24.000]  So you're the sole parent.
[01:20:24.000 --> 01:20:26.000]  You have sole custody.
[01:20:26.000 --> 01:20:38.000]  How does this aunt claim standing to request forced visitation?
[01:20:38.000 --> 01:20:44.000]  It's through blood because she is related to my wife.
[01:20:44.000 --> 01:20:48.000]  Is she the only person related to your wife?
[01:20:48.000 --> 01:20:51.000]  Does your wife have living parents?
[01:20:51.000 --> 01:20:53.000]  Yes, she does.
[01:20:53.000 --> 01:21:04.000]  So it's unclear where this person would get standing to claim this right.
[01:21:04.000 --> 01:21:08.000]  Have the parents made this claim?
[01:21:08.000 --> 01:21:12.000]  No, they have not.
[01:21:12.000 --> 01:21:16.000]  Do the parents see the child?
[01:21:16.000 --> 01:21:19.000]  No, they live in New Jersey.
[01:21:19.000 --> 01:21:20.000]  Oh, okay.
[01:21:20.000 --> 01:21:22.000]  And where does this aunt live?
[01:21:22.000 --> 01:21:24.000]  In Vermont.
[01:21:24.000 --> 01:21:25.000]  In Vermont.
[01:21:25.000 --> 01:21:27.000]  And you're in Ohio.
[01:21:27.000 --> 01:21:28.000]  Correct.
[01:21:28.000 --> 01:21:31.000]  So something's going on here.
[01:21:31.000 --> 01:21:41.000]  Do you have a state that's big enough for the aunt to be interested in?
[01:21:41.000 --> 01:21:45.000]  Or is this something that doesn't make sense here?
[01:21:45.000 --> 01:21:49.000]  Do you have any idea why this aunt is doing this?
[01:21:49.000 --> 01:21:53.000]  Is this because the aunt really does care about the child?
[01:21:53.000 --> 01:21:56.000]  Or do you have reason to believe she has some other issue?
[01:21:56.000 --> 01:21:58.000]  She has other issues.
[01:21:58.000 --> 01:22:01.000]  She has another agenda.
[01:22:01.000 --> 01:22:10.000]  She's actually came into Ohio and actually had my son kidnapped.
[01:22:10.000 --> 01:22:14.000]  And I did not know about it at all.
[01:22:14.000 --> 01:22:23.000]  And I wasn't told about it and I didn't find out about it until July.
[01:22:23.000 --> 01:22:26.000]  In the July.
[01:22:26.000 --> 01:22:27.000]  Wait a minute.
[01:22:27.000 --> 01:22:35.000]  Did she actually have your son kidnapped or did she scheme to have the son kidnapped?
[01:22:35.000 --> 01:22:37.000]  She's seen to have him.
[01:22:37.000 --> 01:22:43.000]  Some other work she had another lady pick him up under false pretenses.
[01:22:43.000 --> 01:22:49.000]  Have you filed attempted kidnapping and conspiracy to commit against her?
[01:22:49.000 --> 01:22:53.000]  No, because my lawyer does not want me to do that.
[01:22:53.000 --> 01:22:58.000]  Tell your lawyer this is not any of his business.
[01:22:58.000 --> 01:23:08.000]  You have knowledge that an attempted kidnapping took place and you're not reporting that crime?
[01:23:08.000 --> 01:23:13.000]  I'm with you on that.
[01:23:13.000 --> 01:23:15.000]  But your lawyer just deal with it.
[01:23:15.000 --> 01:23:17.000]  Okay, so you have a lawyer.
[01:23:17.000 --> 01:23:27.000]  I can tell you this for sure that your lawyer will throw your behind under the bus in a heartbeat.
[01:23:27.000 --> 01:23:30.000]  Have you bargained your lawyer yet?
[01:23:30.000 --> 01:23:32.000]  No, I haven't.
[01:23:32.000 --> 01:23:37.000]  Okay, what we're talking about here is what this show is about.
[01:23:37.000 --> 01:23:41.000]  It's about legal remedy.
[01:23:41.000 --> 01:23:53.000]  Our laws have been developed essentially for 800 years since the signing of the Magna Carta in 1215 AD.
[01:23:53.000 --> 01:24:02.000]  England developed a set of laws and then when we became a nation, we adopted those laws and then adjusted them for the United States.
[01:24:02.000 --> 01:24:09.000]  Every state has an absolute incredible body of law.
[01:24:09.000 --> 01:24:18.000]  About every crappy thing that could happen has happened over and over and over.
[01:24:18.000 --> 01:24:24.000]  And over time, we've developed a set of laws to address just about everything.
[01:24:24.000 --> 01:24:28.000]  The trick is finding it.
[01:24:28.000 --> 01:24:35.000]  When we asked what authority she had, you should have been able to rattle that right off to us.
[01:24:35.000 --> 01:24:49.000]  I'm going to suggest to you that when you sit down and start researching this, just go to Google and do a search for companionship laws in Ohio.
[01:24:49.000 --> 01:25:00.000]  We have all these lawyers out there who are struggling to find business. If you're a lawyer, getting business is a beast, especially when you're starting out.
[01:25:00.000 --> 01:25:09.000]  And what you're speaking to is a very focused area of legal practice.
[01:25:09.000 --> 01:25:19.000]  There will be few lawyers who specialize in this area. Very good chance the lawyer you've got doesn't.
[01:25:19.000 --> 01:25:30.000]  When we go looking for lawyers, we generally take the first one that agrees to take our case. You don't know what this lawyer's background is.
[01:25:30.000 --> 01:25:39.000]  You can't know if they lie to you. The best way to find a lawyer that suits your particular issue is do a search for it.
[01:25:39.000 --> 01:25:43.000]  Do a search for companionship laws in Ohio.
[01:25:43.000 --> 01:25:48.000]  We have all these lawyers out there that put up websites.
[01:25:48.000 --> 01:25:56.000]  And you and I, we do a search for legal issues and we see these websites and we think they were written for us.
[01:25:56.000 --> 01:25:59.000]  They weren't.
[01:25:59.000 --> 01:26:04.000]  These websites were written by lawyers for other lawyers.
[01:26:04.000 --> 01:26:12.000]  So a lawyer takes your case and your issue is something that the lawyer doesn't know squat about.
[01:26:12.000 --> 01:26:20.000]  He is not going to want to adjudicate your case. He's going to want to find a lawyer who specializes in what you need.
[01:26:20.000 --> 01:26:32.000]  Then he will look on the Internet and find a lawyer that addresses these issues and bring him on to your case or hire him as a consultant and build you for it.
[01:26:32.000 --> 01:26:39.000]  So what you want to do is go on the Internet and find them yourself.
[01:26:39.000 --> 01:26:44.000]  Find the guys who specialize in this particular area.
[01:26:44.000 --> 01:27:02.000]  I'm looking at this from the perspective of a parent and from someone who has had considerable experience with with law and everything about this screams standing.
[01:27:02.000 --> 01:27:07.000]  How can an aunt who lives several states away.
[01:27:07.000 --> 01:27:11.000]  Claims standing for companionship rights.
[01:27:11.000 --> 01:27:19.000]  How can she be a companion to this child when she's several states away.
[01:27:19.000 --> 01:27:25.000]  And what is your your lawyer is simply.
[01:27:25.000 --> 01:27:33.000]  Okay, approximately how much have you paid your lawyer so far.
[01:27:33.000 --> 01:27:41.000]  Well, there's a five thousand dollar retainer and probably another 10 to 12 on top of that.
[01:27:41.000 --> 01:27:45.000]  That's what he does. This is what they do.
[01:27:45.000 --> 01:27:50.000]  He probably the 10 to 12. I'm sure he didn't want.
[01:27:50.000 --> 01:27:54.000]  He didn't expect you to pay it. He wanted to get rid of you.
[01:27:54.000 --> 01:28:06.000]  What lawyers do is they get your retainer and then they've got what what Dr. Frederick Graves calls this flurry of motions at the beginning of a trial.
[01:28:06.000 --> 01:28:10.000]  Your lawyer pulls emotion out of his file cabinet.
[01:28:10.000 --> 01:28:16.000]  Put your name on the top files it charges you a couple hundred bucks for it.
[01:28:16.000 --> 01:28:31.000]  Lawyer on the other side pulls out his response that he's he's file he's filed a hundred times puts his client's name on the the response and files that charges his cloud a couple hundred bucks for it.
[01:28:31.000 --> 01:28:36.000]  Cookie cutter stuff. These are not they're not working for these. It's just cookie cutter.
[01:28:36.000 --> 01:28:39.000]  And this is just to use up your retainer.
[01:28:39.000 --> 01:28:44.000]  Once he's used up your retainer, then he wants you to go away because from there.
[01:28:44.000 --> 01:28:51.000]  Now he has to start doing legal research and he does not want to do legal research.
[01:28:51.000 --> 01:29:00.000]  The reason he doesn't want to do legal research is the worst thing a lawyer can do is miss something.
[01:29:00.000 --> 01:29:08.000]  If he misses something and gets called on it, he can be sanctioned. He can be sued by by both parties.
[01:29:08.000 --> 01:29:15.000]  Primarily even if you win your case, if he doesn't win as much as he would, you can sue him.
[01:29:15.000 --> 01:29:21.000]  The biggest thing for lawyers is to miss something so they don't want to do legal research.
[01:29:21.000 --> 01:29:29.000]  They don't want to go into areas they don't know about. They want to get another retainer because with a retainer they don't have to do anything.
[01:29:29.000 --> 01:29:34.000]  It is unfortunate that's the way it is, but it is the way it is.
[01:29:34.000 --> 01:29:42.000]  However, there are remedies. A lawyer, you have paid 14,000 and what has he done for you?
[01:29:42.000 --> 01:29:46.000]  Anything? Hang on, we're out of time for this segment.
[01:29:46.000 --> 01:29:50.000]  Randy Kelton, Brett Fountain, rule of law radio.
[01:29:50.000 --> 01:29:56.000]  Let's see what we look like on the call board. The call board's full so I won't give out the call in number.
[01:29:56.000 --> 01:30:00.000]  And Brett, I didn't follow up the cliff.
[01:30:00.000 --> 01:30:05.000]  Sorry, soft drink lovers, even diet drinks can make you fat.
[01:30:05.000 --> 01:30:10.000]  A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff.
[01:30:10.000 --> 01:30:16.000]  I'm Dr. Katherine Albrecht and I'll be back in a moment with a scoop on supposedly skinny sodas.
[01:30:16.000 --> 01:30:22.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:22.000 --> 01:30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.000 --> 01:30:32.000]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.000 --> 01:30:35.000]  Privacy, it's worth hanging on to.
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[01:30:45.000 --> 01:30:50.000]  Artificial sweeteners cut the calories and help you lose weight, right? Wrong.
[01:30:50.000 --> 01:30:56.000]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:56.000 --> 01:31:02.000]  They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:31:02.000 --> 01:31:06.000]  The study's authors say artificial sweeteners triggered the appetite,
[01:31:06.000 --> 01:31:09.000]  but unlike regular sugars, don't deliver anything to squelch it.
[01:31:09.000 --> 01:31:16.000]  Waking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake.
[01:31:16.000 --> 01:31:20.000]  So use natural sweeteners to maintain a healthy weight, and if you need to shed some pounds,
[01:31:20.000 --> 01:31:24.000]  avoid the sweet stuff altogether and drink water instead.
[01:31:24.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives,
[01:31:46.000 --> 01:31:49.000]  and thousands of my fellow force responders have died.
[01:31:49.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm a father who lost his son.
[01:31:55.000 --> 01:31:57.000]  We're Americans, and we deserve the truth.
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[01:32:05.000 --> 01:32:07.000]  In today's America, we live in a us-against-them society,
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[01:33:02.000 --> 01:33:04.000]  Looking for some truth?
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[01:33:11.000 --> 01:33:34.000]  Music
[01:33:34.000 --> 01:33:36.000]  Okay, we are back.
[01:33:36.000 --> 01:33:39.000]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:33:39.000 --> 01:33:41.000]  And we're talking to...
[01:33:41.000 --> 01:33:43.000]  Wait a minute, who are we talking to?
[01:33:43.000 --> 01:33:44.000]  Do I have a name?
[01:33:44.000 --> 01:33:45.000]  Mike in Ohio.
[01:33:45.000 --> 01:33:47.000]  Mike in Ohio.
[01:33:47.000 --> 01:33:51.000]  On Mike and Tina.
[01:33:51.000 --> 01:33:56.000]  Mike, we have Tina on and I hope you'll cut her some slack.
[01:33:56.000 --> 01:33:59.000]  We cut her a lot of slack because she speaks
[01:33:59.000 --> 01:34:02.000]  with this strange foreign accent.
[01:34:02.000 --> 01:34:06.000]  We've been working together for about two years, so yes.
[01:34:06.000 --> 01:34:08.000]  Okay.
[01:34:08.000 --> 01:34:10.000]  He understands me.
[01:34:10.000 --> 01:34:15.000]  There are some rules we have about taking on public officials.
[01:34:15.000 --> 01:34:18.000]  Well, actually an adage.
[01:34:18.000 --> 01:34:22.000]  If you're not having fun, you're not doing it right.
[01:34:24.000 --> 01:34:28.000]  These guys have dirty rotten tricks they use against you.
[01:34:28.000 --> 01:34:32.000]  Lawyers, they know how to extract your estate.
[01:34:32.000 --> 01:34:37.000]  Well, we've spent about 30 years
[01:34:37.000 --> 01:34:41.000]  figuring out a few dirty rotten tricks of our own.
[01:34:41.000 --> 01:34:44.000]  Brett, okay, we're going to talk about burglaries
[01:34:44.000 --> 01:34:47.000]  and how to get control of your lawyer.
[01:34:47.000 --> 01:34:51.000]  Your lawyer, he wants to collect as much money from you as he can
[01:34:51.000 --> 01:34:54.000]  without doing anything to annoy the judge
[01:34:54.000 --> 01:34:57.000]  or the lawyer on the other side.
[01:34:57.000 --> 01:35:00.000]  All these guys got their snouts in the same trough.
[01:35:00.000 --> 01:35:04.000]  And you're just there as a money pit.
[01:35:04.000 --> 01:35:07.000]  They just want to get your money from you.
[01:35:07.000 --> 01:35:10.000]  They don't care about you other than that.
[01:35:10.000 --> 01:35:14.000]  We talk about this in terms of a four-sided chess board.
[01:35:14.000 --> 01:35:21.000]  You go into court and four-sided chess is all about relationships.
[01:35:21.000 --> 01:35:26.000]  Two of you got to, or three of you got to gang up on one and get him out of here.
[01:35:26.000 --> 01:35:31.000]  And then two of the others gang up on the third one, get them out,
[01:35:31.000 --> 01:35:33.000]  and then the last two fight it out.
[01:35:33.000 --> 01:35:37.000]  Okay, you sit down at your table, your lawyer's to your right.
[01:35:37.000 --> 01:35:41.000]  Opposing counsel to your left, the judge across from you.
[01:35:41.000 --> 01:35:44.000]  You have a relationship with your lawyer.
[01:35:44.000 --> 01:35:47.000]  Your lawyer has a relationship with opposing counsel,
[01:35:47.000 --> 01:35:50.000]  and both of them have a relationship with the judge.
[01:35:50.000 --> 01:35:52.000]  You're the odd one out.
[01:35:52.000 --> 01:35:59.000]  If you really think that your lawyer is going to come into the court
[01:35:59.000 --> 01:36:04.000]  and actively adjudicate your case, if there's any chance it's going to annoy the judge
[01:36:04.000 --> 01:36:09.000]  or the lawyer on the other side, you are dreaming.
[01:36:09.000 --> 01:36:12.000]  It don't work that way.
[01:36:12.000 --> 01:36:15.000]  That doesn't mean we don't have remedy.
[01:36:15.000 --> 01:36:19.000]  They all have their snouts in the same trough.
[01:36:19.000 --> 01:36:22.000]  So you get to use that against them.
[01:36:22.000 --> 01:36:29.000]  The way you use it against them is you become a difficult client.
[01:36:29.000 --> 01:36:36.000]  And then the lawyer has to dip into his relationship with a judge
[01:36:36.000 --> 01:36:45.000]  and opposing counsel to handle you so you don't ruin the lawyer's career.
[01:36:45.000 --> 01:36:55.000]  What will you tell Mike about the sword of Damocles?
[01:36:55.000 --> 01:36:57.000]  Sure.
[01:36:57.000 --> 01:37:02.000]  Well, there's a friend of mine was having some trouble with his lawyer.
[01:37:02.000 --> 01:37:10.000]  His lawyer basically wasn't doing anything and just kept on delaying and not communicating.
[01:37:10.000 --> 01:37:13.000]  And I had a conversation with my friend.
[01:37:13.000 --> 01:37:15.000]  At some point, I mean, I didn't know he was doing this,
[01:37:15.000 --> 01:37:19.000]  but I guess he scratched in the margin of whatever document.
[01:37:19.000 --> 01:37:23.000]  He had some pamphlet or something that was handy while we were talking.
[01:37:23.000 --> 01:37:29.000]  And he grabbed that and he scribbled in the margin of that pamphlet
[01:37:29.000 --> 01:37:37.000]  something like Texas State Barg grievance or something along those lines.
[01:37:37.000 --> 01:37:42.000]  And then it just so happened that at some point he was with the lawyer
[01:37:42.000 --> 01:37:45.000]  and he opened up a folder and the lawyer saw that document.
[01:37:45.000 --> 01:37:53.000]  He saw that pamphlet with those little words scribbling into the margin.
[01:37:53.000 --> 01:37:58.000]  He freaked out, Mike. He lost it.
[01:37:58.000 --> 01:38:05.000]  The lawyer started just, his voice went up an octave and he couldn't handle himself.
[01:38:05.000 --> 01:38:07.000]  He started saying he's not going to work like this.
[01:38:07.000 --> 01:38:14.000]  He can't work with a gun to his head and with a sword to his neck and to his throat.
[01:38:14.000 --> 01:38:18.000]  He started just really losing it.
[01:38:18.000 --> 01:38:26.000]  And it just so happens that when he tried to withdraw, the attorney decided,
[01:38:26.000 --> 01:38:28.000]  I can't work like this. I'm out of here.
[01:38:28.000 --> 01:38:35.000]  He went to try to get the judge to cut him loose and I was there in the courtroom watching.
[01:38:35.000 --> 01:38:41.000]  I was just in the gallery watching this lawyer dancing around up there looking so nervous
[01:38:41.000 --> 01:38:43.000]  and waving a check in the air.
[01:38:43.000 --> 01:38:49.000]  Your honor, your honor, I'm prepared to give him a refund in full of every penny he's ever paid.
[01:38:49.000 --> 01:38:56.000]  And he was so nervous and so he just wanted out of there.
[01:38:56.000 --> 01:39:01.000]  And this guy actually lied to the judge, told the judge,
[01:39:01.000 --> 01:39:09.000]  my client has bar-greaved me and actually his client had not bar-greaved him.
[01:39:09.000 --> 01:39:17.000]  All he did was he had a scribble in the margin of some pamphlet that said the words bar-greavance,
[01:39:17.000 --> 01:39:20.000]  but he hadn't bar-greaved him.
[01:39:20.000 --> 01:39:29.000]  And so I'll tell you what's the ironic thing is that when that lawyer was telling the judge
[01:39:29.000 --> 01:39:37.000]  that his client had bar-greaved him, my friend's wife heard that and she said,
[01:39:37.000 --> 01:39:43.000]  after the court drama there, his wife said,
[01:39:43.000 --> 01:39:47.000]  baby, that means just lied to the judge.
[01:39:47.000 --> 01:39:52.000]  And she bar-greaved the lawyer for lying.
[01:39:52.000 --> 01:40:00.000]  So he ended up getting what it was that he had lied about.
[01:40:00.000 --> 01:40:09.000]  Okay, Mike, the point of this story is lawyers are terrified of bar-greavances.
[01:40:09.000 --> 01:40:11.000]  And here's why.
[01:40:11.000 --> 01:40:17.000]  If you file a bar-greavance against a lawyer,
[01:40:17.000 --> 01:40:24.000]  the state bar is going to get that grievance and they're going to throw it in the trash.
[01:40:24.000 --> 01:40:26.000]  And that's a good thing.
[01:40:26.000 --> 01:40:34.000]  The reason it's a good thing is their insurance carrier knows they're going to throw it in the trash.
[01:40:34.000 --> 01:40:41.000]  So how does the insurance carrier protect its interest?
[01:40:41.000 --> 01:40:47.000]  And how do they determine their level of risk by valid bar-greavances?
[01:40:47.000 --> 01:40:49.000]  So I'm all in the trash.
[01:40:49.000 --> 01:40:57.000]  By the numbers, there are nine primary carriers of legal errors and emissions policies in the United States.
[01:40:57.000 --> 01:41:00.000]  All of them are underwritten by Lloyds of London.
[01:41:00.000 --> 01:41:03.000]  They all have the same requirements.
[01:41:03.000 --> 01:41:07.000]  One bar-greavance, your first year of practice, they cancel immediately.
[01:41:07.000 --> 01:41:10.000]  Two bar-greavances, any one year of practice, they cancel.
[01:41:10.000 --> 01:41:13.000]  Three, they cancel your law firms about practice insurance.
[01:41:13.000 --> 01:41:17.000]  Valid, invalid, they don't care.
[01:41:17.000 --> 01:41:19.000]  You are an unacceptable risk.
[01:41:19.000 --> 01:41:28.000]  You buy a new car, you insurance, you go down to Walmart, you go inside, come out, somebody's backed into it, bash, defender it.
[01:41:28.000 --> 01:41:32.000]  You call the insurance company, they come out, they fix it, they double your premium.
[01:41:32.000 --> 01:41:36.000]  You go out there next month, somebody bashes another one in.
[01:41:36.000 --> 01:41:40.000]  You call the insurance company, they fix it, they cancel.
[01:41:40.000 --> 01:41:44.000]  Your fault, their fault, nobody's fault, they don't care.
[01:41:44.000 --> 01:41:48.000]  You are an unacceptable risk.
[01:41:48.000 --> 01:41:52.000]  Now this has nothing to do with law.
[01:41:52.000 --> 01:41:55.000]  It has to do with money.
[01:41:55.000 --> 01:42:04.000]  When you have a lawyer that's not working, what I suggest here is don't bar-greave your lawyer.
[01:42:04.000 --> 01:42:07.000]  Bar-greave the lawyer on the other side.
[01:42:07.000 --> 01:42:09.000]  Okay, I know what you're thinking.
[01:42:09.000 --> 01:42:12.000]  What can I bar-greave them for?
[01:42:12.000 --> 01:42:17.000]  Well, I want to bar-greave the lawyer for partners' hair on the left.
[01:42:17.000 --> 01:42:20.000]  How is this being annoying?
[01:42:20.000 --> 01:42:22.000]  You can bar-greave them for anything.
[01:42:22.000 --> 01:42:24.000]  They're going to throw them all in trash.
[01:42:24.000 --> 01:42:28.000]  I filed 35 bar-greavances against lawyers I've never met.
[01:42:28.000 --> 01:42:35.000]  It's a case I'm working on here in Texas where people are arrested and not taken to a magistrate or taken to jail.
[01:42:35.000 --> 01:42:38.000]  Their lawyers should do something about that, but they don't.
[01:42:38.000 --> 01:42:45.000]  So I pulled 45 names of people who had been arrested, filed charges against the officers,
[01:42:45.000 --> 01:42:50.000]  and 35 of them had lawyers, so I filed bar-greavances against all those lawyers.
[01:42:50.000 --> 01:42:53.000]  Except one of them.
[01:42:53.000 --> 01:42:58.000]  I couldn't find a bar number for one of them, so I did a search on Google,
[01:42:58.000 --> 01:43:03.000]  and I'm in the county seat of where I'm at is Decatur, Texas.
[01:43:03.000 --> 01:43:10.000]  And one of these lawyers, I did a search on this lawyer's name and found three.
[01:43:10.000 --> 01:43:13.000]  One was in Decatur.
[01:43:13.000 --> 01:43:16.000]  One was in Fort Worth and one was in Dallas, and I said to myself,
[01:43:16.000 --> 01:43:23.000]  self, self, which lawyer do you imagine represented this client and should be bar-greaved?
[01:43:23.000 --> 01:43:29.000]  The one in Decatur, the one in Fort Worth, or the one in Dallas?
[01:43:29.000 --> 01:43:32.000]  And let's try the one in Fort Worth.
[01:43:32.000 --> 01:43:35.000]  Sometimes serendipity steps in.
[01:43:35.000 --> 01:43:40.000]  I have a police officer who came to me once because they were trying to fire him,
[01:43:40.000 --> 01:43:44.000]  and I helped him for a year, and he kept his job.
[01:43:44.000 --> 01:43:50.000]  His son has mental issues and was having some legal problems,
[01:43:50.000 --> 01:43:52.000]  and he hired this lawyer.
[01:43:52.000 --> 01:43:57.000]  He was talking to the lawyer and mentioned my name, and he said the lawyer went off.
[01:43:57.000 --> 01:44:00.000]  That guy bar-greaved me, and it wasn't even...
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[01:45:01.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:01.000 --> 01:46:21.000]  Okay, we are back.
[01:46:21.000 --> 01:46:26.000]  Randy Kelton, Brett Fouton, Rule of Law Radio, and we're talking to Mike in Ohio.
[01:46:26.000 --> 01:46:33.000]  So, my friend mentioned my name and the lawyer went off.
[01:46:33.000 --> 01:46:40.000]  That guy, he barked at me. It wasn't even my class.
[01:46:40.000 --> 01:46:48.000]  Robert was telling me this, and he said, you know, he was the wrong lawyer.
[01:46:48.000 --> 01:46:50.000]  I said, yeah, I knew that.
[01:46:50.000 --> 01:46:51.000]  What?
[01:46:51.000 --> 01:46:53.000]  You did that on purpose?
[01:46:53.000 --> 01:46:55.000]  I said, yeah, I did.
[01:46:55.000 --> 01:47:01.000]  So, I called the lawyer and I told him, you know, I'm the guy that bargered you.
[01:47:01.000 --> 01:47:03.000]  Yeah, you know, that wasn't even my class.
[01:47:03.000 --> 01:47:05.000]  Yeah, my bad.
[01:47:05.000 --> 01:47:08.000]  I really feel bad about that.
[01:47:08.000 --> 01:47:13.000]  I will contact the bar and tell them that I made a mistake.
[01:47:13.000 --> 01:47:15.000]  It wasn't you at all.
[01:47:15.000 --> 01:47:21.000]  It was this other guy, and I'll barger with him, and the lawyer said, oh, no, no, you don't have to do that.
[01:47:21.000 --> 01:47:30.000]  And I told Brett that not one time did I snicker even once.
[01:47:30.000 --> 01:47:38.000]  I am a consummate professional, and I have my emotions under control.
[01:47:38.000 --> 01:47:42.000]  I was impressed. You didn't snicker.
[01:47:42.000 --> 01:47:51.000]  Mike, as a pro say, you have powers and abilities far beyond those of mortal attorneys.
[01:47:51.000 --> 01:47:57.000]  Attorneys, they depend on the fact that you have no idea what's going on.
[01:47:57.000 --> 01:48:05.000]  And, you know, if I tell you that your lawyer is screwing you around, the first thing you're likely to want to do is fire him.
[01:48:05.000 --> 01:48:07.000]  No, no, no, no, no, no.
[01:48:07.000 --> 01:48:09.000]  You do not want to do that.
[01:48:09.000 --> 01:48:15.000]  What you want to do is get your lawyer by the testicles.
[01:48:15.000 --> 01:48:20.000]  We have to say it that way because we're on radio.
[01:48:20.000 --> 01:48:36.000]  You file a bar grievance against opposing counsel, and opposing counsel is going to jump up and down, rail and watch indignation, and just have a fit because you just doubled his malpractice insurance.
[01:48:36.000 --> 01:48:42.000]  Unless it's his first year, in which case you've got it canceled.
[01:48:42.000 --> 01:48:49.000]  So you cost him a lot of money. He's going to be an unhappy camper, and he's going to gripe to your lawyer.
[01:48:49.000 --> 01:48:55.000]  And your lawyer is going to come to you and say, oh, wow, you really shouldn't be doing that.
[01:48:55.000 --> 01:48:57.000]  And you say, no, no, no, stop, stop, stop.
[01:48:57.000 --> 01:48:59.000]  You can't talk about that.
[01:48:59.000 --> 01:49:02.000]  How do you even know about that?
[01:49:02.000 --> 01:49:07.000]  And that lawyer is forbidden to even mention it.
[01:49:07.000 --> 01:49:13.000]  I'm going to have to bar grieve him about that.
[01:49:13.000 --> 01:49:17.000]  Now you've put your lawyer on the dime.
[01:49:17.000 --> 01:49:23.000]  Now what you're doing is you're getting into this, these relationships.
[01:49:23.000 --> 01:49:28.000]  You're giving your lawyer plausible deniability.
[01:49:28.000 --> 01:49:31.000]  Now you haven't bar grieved your lawyer.
[01:49:31.000 --> 01:49:36.000]  But now your lawyer knows you know about it.
[01:49:36.000 --> 01:49:43.000]  And you only haven't bar grieved him apparently because you hadn't figured out how he's been screwing you.
[01:49:43.000 --> 01:49:45.000]  That's what he's going to be thinking.
[01:49:45.000 --> 01:49:54.000]  The first thing he's likely to do is prepare a motion to withdraw and file it with the court.
[01:49:54.000 --> 01:50:01.000]  And when he does, you run down to the court and object. Absolutely not.
[01:50:01.000 --> 01:50:09.000]  He has my counsel of choice and you are forbidden to interfere with a private contract.
[01:50:09.000 --> 01:50:17.000]  If the judge removes, allows your lawyer to withdraw, you can sue the judge personally.
[01:50:17.000 --> 01:50:28.000]  Because while the judge has absolute immunity for what he does in his judicial capacity,
[01:50:28.000 --> 01:50:34.000]  whether that lawyer stays as your lawyer or not is not a judicial action.
[01:50:34.000 --> 01:50:37.000]  It's administrative.
[01:50:37.000 --> 01:50:40.000]  And he doesn't have any immunity for that.
[01:50:40.000 --> 01:50:44.000]  So you can sue the judge personally.
[01:50:44.000 --> 01:50:49.000]  You don't have to sue him. You just send him a tort letter.
[01:50:49.000 --> 01:51:00.000]  And if the judge allows your attorney to withdraw, since you had counsel of your choice and the judge took it away from you,
[01:51:00.000 --> 01:51:04.000]  that triggers your right to counsel of choice.
[01:51:04.000 --> 01:51:13.000]  Now you demand that the judge appoint you the most expensive lawyer in your jurisdiction.
[01:51:13.000 --> 01:51:20.000]  That's what he gets for dumping your lawyer for you.
[01:51:20.000 --> 01:51:26.000]  Now the whole point here is to get everybody PO'd.
[01:51:26.000 --> 01:51:35.000]  You may think that you need to be nice to the judge and keep the judge happy. No, you don't.
[01:51:35.000 --> 01:51:48.000]  We have some rules here, and one of them is you can expect the court to rule against you out of hand at every turn.
[01:51:48.000 --> 01:51:54.000]  Now he may not, but you have to conduct yourself as if you will.
[01:51:54.000 --> 01:52:00.000]  Also, you can never expect to win your case in the trial court.
[01:52:00.000 --> 01:52:05.000]  No lawyer expects to win their case in the trial court.
[01:52:05.000 --> 01:52:14.000]  Your only purpose in the trial court is to set the record for appeal.
[01:52:14.000 --> 01:52:18.000]  If you win in the trial court, the other side is going to appeal.
[01:52:18.000 --> 01:52:23.000]  If the other side wins in the trial court, you're going to appeal.
[01:52:23.000 --> 01:52:30.000]  Can I interject here? Absolutely. In this case, Mike is the defendant.
[01:52:30.000 --> 01:52:36.000]  The aunt bought the case to court.
[01:52:36.000 --> 01:52:39.000]  Okay. That'll work.
[01:52:39.000 --> 01:52:55.000]  It really doesn't make much of a difference other than did your lawyer file a motion to strike the pleading for failure to stay to claim?
[01:52:55.000 --> 01:52:57.000]  No.
[01:52:57.000 --> 01:53:01.000]  What has your lawyer done?
[01:53:01.000 --> 01:53:12.000]  Did he come under the bus? Well, I know she's green, number one. She's very good at paperwork, but has no teeth in the courtroom.
[01:53:12.000 --> 01:53:14.000]  We've already had one hearing.
[01:53:14.000 --> 01:53:18.000]  Okay. What paperwork has she filed?
[01:53:18.000 --> 01:53:31.000]  All kinds of... I mean, we've done interrogatories, depositions, discovery, and...
[01:53:31.000 --> 01:53:37.000]  No, no, no, no, no. Has she filed a motion to dismiss?
[01:53:37.000 --> 01:53:45.000]  That was one of the first things she did, and nothing was... We never received anything back from that.
[01:53:45.000 --> 01:53:49.000]  Has she said it for hearing?
[01:53:49.000 --> 01:53:54.000]  I don't... We never had a hearing on it.
[01:53:54.000 --> 01:53:56.000]  Good grief.
[01:53:56.000 --> 01:54:00.000]  Okay. They had a hearing on it. Did she file a...
[01:54:00.000 --> 01:54:03.000]  No, did not have a hearing, he said.
[01:54:03.000 --> 01:54:04.000]  No, never.
[01:54:04.000 --> 01:54:08.000]  Maybe she never said it for hearing.
[01:54:08.000 --> 01:54:09.000]  If you file a motion...
[01:54:09.000 --> 01:54:12.000]  That's one of the things...
[01:54:12.000 --> 01:54:20.000]  I've found out early on. I do this wonderful motion, and I put all this great reasons in there, why it should be dismissed, and it sits there.
[01:54:20.000 --> 01:54:21.000]  Quietly does nothing.
[01:54:21.000 --> 01:54:27.000]  And I didn't know that you have to call up to the court administrator, the court coordinator, and say, can you set this for hearing?
[01:54:27.000 --> 01:54:29.000]  I filed a motion, and I'd like it to be heard.
[01:54:29.000 --> 01:54:31.000]  Oh, how about this Tuesday?
[01:54:31.000 --> 01:54:32.000]  Yeah, okay, great.
[01:54:32.000 --> 01:54:40.000]  They'll set it up, set up a time when that motion can be heard.
[01:54:40.000 --> 01:54:43.000]  Maybe your lawyer didn't do that.
[01:54:43.000 --> 01:54:49.000]  Sounds like your lawyer's playing you like a cheap fiddle.
[01:54:49.000 --> 01:54:55.000]  You're 14,000 in, and you haven't had a hearing on a motion to dismiss?
[01:54:55.000 --> 01:54:58.000]  This is my practice.
[01:54:58.000 --> 01:55:03.000]  Interactive assistance of counsel.
[01:55:03.000 --> 01:55:12.000]  Well, I haven't been told that... I said, well, all that's given out of court is the family laws for me spending money.
[01:55:12.000 --> 01:55:15.000]  You know, I'm thinking of my law, and she said, you're right.
[01:55:15.000 --> 01:55:21.000]  And she... And then in another instance, she said, you want to drag this on as far as long as possible.
[01:55:21.000 --> 01:55:27.000]  Of course she does, because she can bill you until you're out of money.
[01:55:27.000 --> 01:55:30.000]  And when you're out of money, she'll throw you under the bus.
[01:55:30.000 --> 01:55:31.000]  Yep.
[01:55:31.000 --> 01:55:35.000]  I'm sorry to say, but it happens all the time.
[01:55:35.000 --> 01:55:41.000]  The reasoning was to keep my son away from... or keep the aunt away from my son.
[01:55:41.000 --> 01:55:47.000]  Well, the best way you can do that is to win the case.
[01:55:47.000 --> 01:55:48.000]  Is to get a hearing.
[01:55:48.000 --> 01:55:51.000]  It is almost impossible.
[01:55:51.000 --> 01:55:52.000]  Wait, wait.
[01:55:52.000 --> 01:56:00.000]  Have you been prosecuted for as a drug dealer or a mass murderer?
[01:56:00.000 --> 01:56:01.000]  No, sir.
[01:56:01.000 --> 01:56:05.000]  Or a child molester?
[01:56:05.000 --> 01:56:07.000]  No, sir.
[01:56:07.000 --> 01:56:11.000]  That's about the only way you can take a child from the parent.
[01:56:11.000 --> 01:56:15.000]  You have to really be a bad guy.
[01:56:15.000 --> 01:56:24.000]  For this lawyer to charge you this much money, the aunt and another state, she has no standing.
[01:56:24.000 --> 01:56:31.000]  She wants to have visitation, she's too far away to have visitation.
[01:56:31.000 --> 01:56:35.000]  Your lawyer is throwing you under the bus.
[01:56:35.000 --> 01:56:39.000]  I suggest you bar grieve the lawyer on the other side.
[01:56:39.000 --> 01:56:42.000]  Bar grieve him because you don't like to weigh Kong's hair.
[01:56:42.000 --> 01:56:44.000]  Who cares?
[01:56:44.000 --> 01:56:53.000]  This is all about letting your lawyer know that you know how to bar grieve.
[01:56:53.000 --> 01:56:57.000]  Your lawyer is going to be real nice and sweet to you.
[01:56:57.000 --> 01:57:05.000]  Going to tell you everything you want to hear while she's picking your pocket.
[01:57:05.000 --> 01:57:13.000]  If you want to find out if your lawyer is really your lawyer, bar grieve the lawyer on the other side.
[01:57:13.000 --> 01:57:17.000]  When you do that, you'll find out what your lawyer is made of.
[01:57:17.000 --> 01:57:24.000]  I guarantee you when you bar grieve the lawyer on the other side, your lawyer is going to move to withdraw immediately
[01:57:24.000 --> 01:57:31.000]  because she's afraid you're going to find out that she's been trying to screw you.
[01:57:31.000 --> 01:57:34.000]  That's what they do.
[01:57:34.000 --> 01:57:38.000]  In saying that, you can't blame the lawyer.
[01:57:38.000 --> 01:57:44.000]  The lawyers are stuck inside a corrupt system they did not create.
[01:57:44.000 --> 01:57:53.000]  If you want your lawyer to act in your best interest, you have to give that lawyer a plausible deniability.
[01:57:53.000 --> 01:57:57.000]  When you bar grieve the lawyer on the other side, your lawyer is going to say,
[01:57:57.000 --> 01:58:00.000]  Oh my, I'm next.
[01:58:00.000 --> 01:58:06.000]  Now your lawyer can go to the judge and say, look, and go to the lawyer on the other side and say, look,
[01:58:06.000 --> 01:58:10.000]  I've got a client here that is out of control.
[01:58:10.000 --> 01:58:16.000]  You guys got to help me out. If you want him to stop bar grieving you, the opposing counsel,
[01:58:16.000 --> 01:58:26.000]  and there's a conduct complaining the judge, you got to help me give this guy something to get him off our backs.
[01:58:26.000 --> 01:58:31.000]  That may not be right, but that's how things work in the real world we live in.
[01:58:31.000 --> 01:58:36.000]  And when we come back, we're going to talk about jurisdictionary.
[01:58:36.000 --> 01:58:40.000]  You need to get jurisdictionary and go through it once you have.
[01:58:40.000 --> 01:58:42.000]  You will already have all these answers.
[01:58:42.000 --> 01:58:45.000]  We'll speak to this when we come back, Randy Kelton, Brett Fountain.
[01:58:45.000 --> 01:58:50.000]  We'll have our radio. We'll be right back.
[01:58:50.000 --> 01:58:58.000]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
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