ROL_2021-10-15_16k_Hr3-4.timecode
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[00:42.800 --> 00:52.520] Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb was detonated
[00:52.520 --> 00:57.840] on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[00:57.840 --> 01:04.840] 10 and injuring 40.
[01:04.840 --> 01:09.480] In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp and
[01:09.480 --> 01:14.120] a Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.120 --> 01:18.120] and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.120 --> 01:22.800] new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.800 --> 01:24.760] to test the herb for THC.
[01:24.760 --> 01:28.480] Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.480 --> 01:33.400] she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.400 --> 01:34.400] law.
[01:34.400 --> 01:37.660] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.660 --> 01:42.160] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.160 --> 01:48.300] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:48.300 --> 01:54.480] As well as other cities too, like the District Attorney in El Paso, Jaime Esparza, a Democrat
[01:54.480 --> 01:59.040] who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.040 --> 02:01.720] prosecution of marijuana cases in El Paso.
[02:01.720 --> 02:06.800] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.800 --> 02:10.840] in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.840 --> 02:13.520] something illegal based on its chemical makeup.
[02:13.520 --> 02:17.440] It's important that if someone is charged with something, the test matches what they're
[02:17.440 --> 02:22.640] charged with.
[02:22.640 --> 02:27.320] A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.320 --> 02:32.440] as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.440 --> 02:38.080] shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.080 --> 02:39.360] Pacific Ocean.
[02:39.360 --> 02:43.880] According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.880 --> 02:45.720] its front fins.
[02:45.720 --> 03:03.080] For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[03:15.720 --> 03:44.960] OK, we are back.
[03:44.960 --> 04:11.280] We're talking
[04:11.280 --> 04:13.880] to Ralph in Texas.
[04:13.880 --> 04:19.800] OK, what Fred said something about the out of scope.
[04:19.800 --> 04:27.520] So yeah, that's what he yeah, aggravated perjury is not part of his job.
[04:27.520 --> 04:32.000] If he were in the middle of doing his job, you know, he he tried to shoot the bank robber
[04:32.000 --> 04:35.960] and he accidentally shot something else and and messed it up.
[04:35.960 --> 04:39.640] Well, that's that was he can't be sued for that.
[04:39.640 --> 04:43.600] He was trying to do his job and he just missed.
[04:43.600 --> 04:46.360] But but aggravated perjury is a crime.
[04:46.360 --> 04:48.560] Crime is not in scope.
[04:48.560 --> 04:52.640] If he's trying to do his job, crime is not how you do it.
[04:52.640 --> 04:57.680] OK, and it's OK.
[04:57.680 --> 05:02.680] It is not what you can prove up that keeps you in court.
[05:02.680 --> 05:07.000] It is the nature of the claim.
[05:07.000 --> 05:13.800] If you claim that he was acting outside of scope and they can absolutely prove that he
[05:13.800 --> 05:19.400] was acting within scope, that don't help them.
[05:19.400 --> 05:24.040] If you claim that he was acting outside of scope and they can prove that he was he was
[05:24.040 --> 05:30.040] within scope, they have to do that in court.
[05:30.040 --> 05:36.820] In trial, they can't just arbitrarily and capriciously say it.
[05:36.820 --> 05:47.600] If the judge looking at your pleadings, if he takes everything you say is true and what
[05:47.600 --> 05:55.460] you say would amount to a claim against the other party, you stay in court and you go
[05:55.460 --> 05:57.360] to the one place they never want to go.
[05:57.360 --> 06:01.480] And that's discovery.
[06:01.480 --> 06:05.800] If they can prove up later that he was within scope, it gets dismissed.
[06:05.800 --> 06:08.960] But it doesn't get dismissed under Rule 12.
[06:08.960 --> 06:12.440] Does that make sense?
[06:12.440 --> 06:14.040] Well, yes.
[06:14.040 --> 06:17.280] Yes, it does.
[06:17.280 --> 06:22.100] But occasionally they don't even follow those rules.
[06:22.100 --> 06:26.840] And partly because I was by myself, you know, I felt like the judge when I was looking at
[06:26.840 --> 06:30.760] him, he said, I can come off this bench and slap you in the face and nobody's going to
[06:30.760 --> 06:31.760] do anything by yourself.
[06:31.760 --> 06:32.760] You know?
[06:32.760 --> 06:33.760] Yeah.
[06:33.760 --> 06:40.400] But anyway, I don't know without studying over 2,000 pages paper what exactly I'm going
[06:40.400 --> 06:41.400] to do.
[06:41.400 --> 06:46.200] But it looks to me like I've got a RICO claim against these judges.
[06:46.200 --> 06:51.400] If the officer violated the law and the judge just said, no, he didn't, and the judge is
[06:51.400 --> 06:58.320] assumed to know the law, then he's acting in concert with the person who originally
[06:58.320 --> 07:00.320] assaulted me.
[07:00.320 --> 07:02.480] So that's exactly what I'm looking at.
[07:02.480 --> 07:07.480] I still got some studying to do on it, but I keep getting other issues.
[07:07.480 --> 07:12.840] It's like our public servants have placed themselves above everybody instead of, you
[07:12.840 --> 07:15.240] know, where they're supposed to be.
[07:15.240 --> 07:22.000] So I want to ask you that 911 question, but I still need to go back to this federal agency
[07:22.000 --> 07:23.760] if it's an enclave or not.
[07:23.760 --> 07:24.760] I don't know.
[07:24.760 --> 07:27.880] It's a hospital that's been there for years.
[07:27.880 --> 07:31.040] It is not a federal enclave.
[07:31.040 --> 07:33.680] Federal prisons, international ports.
[07:33.680 --> 07:34.680] Okay.
[07:34.680 --> 07:43.040] If I was to do a complaint on these, a criminal complaint on their conduct, would it be for
[07:43.040 --> 07:46.160] the director inadequately training?
[07:46.160 --> 07:49.120] And that would be a due process violation, at least that's what I'm thinking.
[07:49.120 --> 07:51.680] Does that make sense in any way?
[07:51.680 --> 07:52.680] No.
[07:52.680 --> 07:54.920] Inadequately training is a civil issue, it's not criminal.
[07:54.920 --> 08:00.160] You'd have to find a crime to line up with his actions.
[08:00.160 --> 08:07.720] So now if he instructed them to do something that was illegal, now you got him.
[08:07.720 --> 08:16.560] But if he has someone in acting ignorant, they may be committing a crime, but he's not.
[08:16.560 --> 08:22.480] Well, what you're saying is making sense on many levels, but I'm still having a little
[08:22.480 --> 08:26.880] trouble because I'm thinking due process.
[08:26.880 --> 08:34.640] If a person is denied health care for COVID or any other reason, and it's not COVID, just
[08:34.640 --> 08:43.240] so you'll know, if a person denied health care and they have a right to health care
[08:43.240 --> 08:48.760] and they have a right to health care unless a court says they don't, then that's a due
[08:48.760 --> 08:50.340] process violation, isn't it?
[08:50.340 --> 08:54.840] And that's kind of like my 9-1-1 question as well.
[08:54.840 --> 08:58.640] It's all due process.
[08:58.640 --> 09:04.520] Most of our rights were due process until I started listening to the rural law radio.
[09:04.520 --> 09:15.600] If it's not the director of the hospital, he's not the one that's denying you services.
[09:15.600 --> 09:19.080] It's the individual who's telling you that they won't give you services.
[09:19.080 --> 09:30.600] Now if you can show that they were ordered to do this or that they agreed with this director
[09:30.600 --> 09:34.880] to do this, now you've got criminal conspiracy to commit.
[09:34.880 --> 09:37.840] You've got acts in concert and collusion.
[09:37.840 --> 09:39.960] You've got respondeat superior.
[09:39.960 --> 09:45.920] Does that make sense?
[09:45.920 --> 09:51.840] You can bring him in if he had something to do with it, but if the person was acting in
[09:51.840 --> 10:03.640] violation of standing policy, then the director or whoever his superiors are are not necessarily
[10:03.640 --> 10:10.520] culpable unless they failed to properly train.
[10:10.520 --> 10:11.520] Okay.
[10:11.520 --> 10:16.040] Well, all right, I'm going to reconsider.
[10:16.040 --> 10:20.160] I've been trying to do some paperwork on it for the last week, and then I gave up and
[10:20.160 --> 10:21.880] thought I'd call.
[10:21.880 --> 10:24.640] And now I'm starting to rethink it.
[10:24.640 --> 10:26.640] Maybe it's not the right avenue.
[10:26.640 --> 10:27.640] Okay.
[10:27.640 --> 10:28.640] Okay.
[10:28.640 --> 10:29.640] Well, all right.
[10:29.640 --> 10:37.640] On the little bit lighter side, if a traffic cop denies the accused, so we've got traffic
[10:37.640 --> 10:42.480] cop, stop for traffic violation, and he issues a citation, and then he denies the accused
[10:42.480 --> 10:52.640] for leaving ground zero because they don't have a driver's license, would that be grounds
[10:52.640 --> 11:02.400] to call 911 because this officer is denying you due process right to a court to determine
[11:02.400 --> 11:05.880] whether or not you have to have a driver's license?
[11:05.880 --> 11:07.280] Yes.
[11:07.280 --> 11:08.280] Okay.
[11:08.280 --> 11:15.320] I think you're right, and I think it's also a criminal complaint for kidnapping.
[11:15.320 --> 11:22.880] Kidnapping, at least in Texas, is defined as not only when you take somebody somewhere
[11:22.880 --> 11:28.560] they don't want to go, but you keep somebody from leaving somewhere.
[11:28.560 --> 11:37.040] So both of those would be categorized in the abduction, the aggravated kidnapping part.
[11:37.040 --> 11:40.200] He's aggravated because he's got the deadly weapon.
[11:40.200 --> 11:47.160] I use, there is no false imprisonment statute in Texas.
[11:47.160 --> 11:50.080] You have to use kidnapping.
[11:50.080 --> 11:52.080] Okay.
[11:52.080 --> 11:57.560] False imprisonment is a cause of action for which you can sue them, but the criminal act
[11:57.560 --> 12:00.880] is kidnapping.
[12:00.880 --> 12:04.040] Okay.
[12:04.040 --> 12:10.280] Because it's not just me, it's anyone that doesn't have a driver's license, so you want
[12:10.280 --> 12:17.560] to go somewhere, but, let me think this, so when they stop you, and the last three times
[12:17.560 --> 12:22.400] I stopped, one time I got arrested, and the other time they just told me I couldn't drive
[12:22.400 --> 12:29.240] away, so the other people in the car had to drive, but the next time I'm thinking I should
[12:29.240 --> 12:35.560] be able to call, and that way, at the very least, I'm going to get more officers to file
[12:35.560 --> 12:36.560] criminally on.
[12:36.560 --> 12:37.560] Yes.
[12:37.560 --> 12:40.800] That's the only thing, yeah, that's the only thing I think it'll achieve.
[12:40.800 --> 12:44.200] They're not going to say, oh, okay, well, you can drive away now, but you're also not
[12:44.200 --> 12:47.760] recognizing my rights, so whatever.
[12:47.760 --> 12:52.940] The last officer that gave me a ticket was a sheriff's deputy.
[12:52.940 --> 12:54.640] He went back to the car to write the ticket.
[12:54.640 --> 12:55.640] I called 911.
[12:55.640 --> 13:01.160] I want him arrested for first degree felony aggravated assault.
[13:01.160 --> 13:10.120] He came back with my ticket, and he was so angry, he was visibly shaking.
[13:10.120 --> 13:13.480] It was great fun.
[13:13.480 --> 13:15.640] Or it got around quick, huh?
[13:15.640 --> 13:22.180] Oh, two or three other cops showed up, and one of them knew me, and I know he told them
[13:22.180 --> 13:29.080] who I was, and he told them, you're going to wish you hadn't went after this guy.
[13:29.080 --> 13:34.240] And I could not get the district or the county attorney to bring the case to trial.
[13:34.240 --> 13:40.960] I saw him in the courthouse, and I said, James, when are you going to get that ticket up for
[13:40.960 --> 13:41.960] trial?
[13:41.960 --> 13:47.120] Oh, no, Mr. Kelton, you're not going to get to have your fun with me.
[13:47.120 --> 13:50.280] Oh, party pooper.
[13:50.280 --> 13:57.520] But now, I do get to have my fun with him because I sued him for $400 million.
[13:57.520 --> 14:01.240] I blamed everything on him.
[14:01.240 --> 14:06.200] Your favorite one that I've heard is the one where the officer, he called 911 and said
[14:06.200 --> 14:13.800] this officer is about to pee in his pants, but I'm afraid he might shoot me first.
[14:13.800 --> 14:16.960] Oh, that was Bowie, Texas.
[14:16.960 --> 14:23.880] I told him to get his hand away from his pistol.
[14:23.880 --> 14:24.880] That was fun.
[14:24.880 --> 14:32.400] I didn't live until I called 911 on a police officer, so I'm looking for a chance.
[14:32.400 --> 14:39.280] And that one, I talked to the chief of police, and even he got tickled about it.
[14:39.280 --> 14:41.280] Did you really say that?
[14:41.280 --> 14:44.160] Yeah, I did.
[14:44.160 --> 14:47.400] Okay, anything else?
[14:47.400 --> 14:48.400] That is all.
[14:48.400 --> 14:49.400] Thank you very much.
[14:49.400 --> 14:51.280] Thank you for taking the time.
[14:51.280 --> 14:52.280] Thank you, Ralph.
[14:52.280 --> 14:57.080] Okay, now we're going to go to EJ in California.
[14:57.080 --> 14:59.080] Hello, EJ.
[14:59.080 --> 15:00.080] Hello.
[15:00.080 --> 15:02.080] Good evening.
[15:02.080 --> 15:03.080] EJ.
[15:03.080 --> 15:08.580] I have some new questions.
[15:08.580 --> 15:17.320] I'm looking over the emails, back and forth emails from the court liaison who charged
[15:17.320 --> 15:23.440] me of a photon battery against punching, and now a new thing.
[15:23.440 --> 15:26.440] Wow, I kicked the security guard.
[15:26.440 --> 15:32.560] The detective said she saw the video, and I kicked him, and then I fell back because
[15:32.560 --> 15:36.520] there was a chair behind me, and I fell back.
[15:36.520 --> 15:37.520] Oh my gosh.
[15:37.520 --> 15:44.880] So, I'm reading all these emails, and some of these emails are like copied five or six
[15:44.880 --> 15:53.560] times within the zip that was sent through the shyster, the shysters.
[15:53.560 --> 16:03.200] So, this one email is saying, okay, they're trying to get a hold of the email, I mean,
[16:03.200 --> 16:09.200] I'm sorry, the surveillance footage, and they said that only one detective saw it, and she
[16:09.200 --> 16:14.520] never got a hold of it because they wouldn't release the surveillance footage without a
[16:14.520 --> 16:17.800] warrant.
[16:17.800 --> 16:19.880] And then it's back and forth.
[16:19.880 --> 16:21.880] Let me get to that PDF.
[16:21.880 --> 16:24.320] Sorry, I'm not ready.
[16:24.320 --> 16:25.320] Here we go.
[16:25.320 --> 16:26.320] Okay.
[16:26.320 --> 16:28.720] So, you've actually never seen that footage?
[16:28.720 --> 16:30.960] They've never given it to you yet?
[16:30.960 --> 16:31.960] Never.
[16:31.960 --> 16:32.960] Never.
[16:32.960 --> 16:43.000] Even the police didn't get a copy, nor the court.
[16:43.000 --> 16:50.720] And it looks like the detective, I know the music's coming on, so when I did the public
[16:50.720 --> 16:51.720] records-
[16:51.720 --> 16:52.720] Okay, hang on.
[16:52.720 --> 16:53.720] Hang on.
[16:53.720 --> 16:54.720] We'll pick this up on the other side.
[16:54.720 --> 17:06.280] I'm Randy Kelton, Brett Fountain, Rule of Law Radio, we'll be right back.
[17:06.280 --> 17:25.920] We'll be right back.
[17:25.920 --> 17:42.240] We'll be right back.
[17:42.240 --> 18:04.560] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[18:04.560 --> 18:08.440] In today's America, we live in an us-against-them society, and if we the people are ever going
[18:08.440 --> 18:12.400] to have a free society, then we're going to have to stand and defend our own rights.
[18:12.400 --> 18:15.600] Among those rights are the right to travel freely from place to place, the right to act
[18:15.600 --> 18:19.400] in our own private capacity, and most importantly, the right to due process of law.
[18:19.400 --> 18:23.480] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[18:23.480 --> 18:24.800] our rights through due process.
[18:24.800 --> 18:28.840] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[18:28.840 --> 18:32.620] most comprehensive teaching tool available that will help you understand what due process
[18:32.620 --> 18:35.000] is and how to hold the courts to the rule of law.
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[18:39.040 --> 18:40.340] ordering your copy today.
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[18:50.400 --> 18:54.360] Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com.
[18:54.360 --> 18:58.680] Order your copy today and together we can have the free society we all want and deserve.
[18:58.680 --> 19:07.960] If you are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:07.960 --> 19:18.600] Well, don't let nothing get to you, only the father can deliver you, so don't let bad mind
[19:18.600 --> 19:25.480] people hurt you until Satan get behind you, you know what I mean?
[19:25.480 --> 19:40.960] Okay, we are back.
[19:40.960 --> 19:47.680] Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to E.J. in California.
[19:47.680 --> 19:51.240] One thing I did want to mention was spoilation.
[19:51.240 --> 19:52.240] Yes.
[19:52.240 --> 19:57.840] If these, are you familiar with spoilation?
[19:57.840 --> 20:03.160] You did talk about this, um, spoilation, maybe four calls back?
[20:03.160 --> 20:04.160] Yes.
[20:04.160 --> 20:05.160] I remember.
[20:05.160 --> 20:06.160] Okay, good.
[20:06.160 --> 20:16.680] For everybody else, if, if somebody has evidence and like the police have a videotape and it's
[20:16.680 --> 20:24.600] got stuff on it they don't want you to see and they redact portion of it, that's spoilation
[20:24.600 --> 20:29.120] and that can disqualify all of their evidence.
[20:29.120 --> 20:36.640] If they destroy the tape under spoilation, since they don't have the tape and they destroyed
[20:36.640 --> 20:45.360] it, they have to accept whatever you say about it because they can't benefit from destroying
[20:45.360 --> 20:47.320] evidence.
[20:47.320 --> 20:51.000] Okay, that's spoilation.
[20:51.000 --> 20:52.880] Okay, go ahead.
[20:52.880 --> 20:55.800] I kind of interrupted you there.
[20:55.800 --> 21:03.800] No, that's wonderful because the hospital, uh, Shister's back in December, 2020, they
[21:03.800 --> 21:04.800] emailed me.
[21:04.800 --> 21:12.120] I mean, I'm sorry, they served me, um, saying that, uh, County of Orange versus, uh, Yoon
[21:12.120 --> 21:13.120] Lim.
[21:13.120 --> 21:14.120] That's me.
[21:14.120 --> 21:17.600] Um, they're trying to scare me and they hear the hell out of me.
[21:17.600 --> 21:24.360] And then they even put, um, that's the thing that they would have to reach out, like cover
[21:24.360 --> 21:34.280] their, the, um, uh, the visitors, the guests faces, and that would not be, um, uh, evidence
[21:34.280 --> 21:35.280] in the court of law.
[21:35.280 --> 21:39.320] You know, they're just trying to scare me, uh, scared the hell out of me, but, um, excuse
[21:39.320 --> 21:40.320] my language.
[21:40.320 --> 21:49.320] Uh, so thank you for clarifying that, um, there's a back and forth between the court
[21:49.320 --> 21:54.920] liaison, um, saying that detective was not able to get a hold of anyone.
[21:54.920 --> 22:01.040] They also previously requested a search warrant to release the video.
[22:01.040 --> 22:03.360] So not sure if that's still the case.
[22:03.360 --> 22:07.760] They're just going back and forth between the court liaison and that the city of Irvine
[22:07.760 --> 22:10.720] saying that, well, what about you, EJ?
[22:10.720 --> 22:13.040] Can I just ask real quickly?
[22:13.040 --> 22:19.340] Have you, you personally reached out to them with a discovery request or are you just watching
[22:19.340 --> 22:24.680] them try to go back and forth and say they, they don't have it yet and all that?
[22:24.680 --> 22:29.600] Cause there's, there's a difference.
[22:29.600 --> 22:38.320] I did a discovery request, um, last year and eight, um, when I, when I got the mail from
[22:38.320 --> 22:47.680] the DA's office, I did a discovery early discovery, um, dated, I think last week of April or first
[22:47.680 --> 22:49.680] week of may.
[22:49.680 --> 22:51.760] So yeah, no one replied.
[22:51.760 --> 22:57.980] So then, yeah, no one, how about, have you done a motion in the court case, a motion
[22:57.980 --> 23:02.080] to compel cooperation with discovery?
[23:02.080 --> 23:03.080] I did.
[23:03.080 --> 23:11.000] I did that in, um, the beginning of this year, I think February or March, uh, March, April.
[23:11.000 --> 23:14.560] But you know, the case has been dismissed, right?
[23:14.560 --> 23:17.120] No, I'd forgotten about that.
[23:17.120 --> 23:25.960] So once, once the case was dismissed, all of that, all of that information should be
[23:25.960 --> 23:29.240] open records now.
[23:29.240 --> 23:31.120] The open records, right?
[23:31.120 --> 23:38.240] Even the, um, even the surveillance, but the hospital will not get that out.
[23:38.240 --> 23:40.920] Hospital wasn't a government hospital or anything.
[23:40.920 --> 23:41.920] Was it?
[23:41.920 --> 23:55.160] No, it's a, it's a nonprofit hospital here, nonprofit, not for profit or nonprofit, not
[23:55.160 --> 23:56.160] for profit.
[23:56.160 --> 23:57.160] Excuse me.
[23:57.160 --> 23:59.160] Not for profit.
[23:59.160 --> 24:00.160] Big difference.
[24:00.160 --> 24:01.160] Ooh.
[24:01.160 --> 24:02.160] Okay.
[24:02.160 --> 24:10.320] They can, they can make profit, but their primary purpose is not profit, at least that's
[24:10.320 --> 24:11.320] what they claim.
[24:11.320 --> 24:17.500] It gives them a better tax bracket, some other things, but they can still make a profit.
[24:17.500 --> 24:23.400] So they're not, that doesn't mean much that that doesn't make, make, it doesn't mean they're
[24:23.400 --> 24:27.320] good guys.
[24:27.320 --> 24:41.920] So since the case has been dismissed, now you want to file a motion for pre-litigation
[24:41.920 --> 24:42.920] discovery.
[24:42.920 --> 24:43.920] Correct.
[24:43.920 --> 24:52.120] I would ask the court to grant you discovery of all these videos and the court's going
[24:52.120 --> 24:59.240] to tell you, you can't get these videos in pre-litigation discovery.
[24:59.240 --> 25:07.000] You can only do, uh, depositions and then you say, oh no, no, no, that's wrong.
[25:07.000 --> 25:14.440] I give notice of appeal and when you give notice of appeal, then you'll make up an appeal
[25:14.440 --> 25:21.820] that won't mean anything, but it'll take the court's months to get to you.
[25:21.820 --> 25:26.400] So it preserves all that documentation.
[25:26.400 --> 25:29.360] Have you sent a tort letter to the hospital?
[25:29.360 --> 25:33.640] No, not yet.
[25:33.640 --> 25:42.920] Need to send a tort letter and that will keep them from destroying the tapes because then
[25:42.920 --> 25:49.460] once you get, they get a tort letter, now they have knowledge that the, this information
[25:49.460 --> 25:58.800] will be used in a court case so they can't destroy it without being charged with spoilation.
[25:58.800 --> 26:07.640] What if they have, uh, destroyed it because the detective who resigned last May, it was
[26:07.640 --> 26:08.640] all lies.
[26:08.640 --> 26:12.000] He said, I fell, um, there was a chair behind me, I fell back.
[26:12.000 --> 26:15.360] That's why I fell and I kicked and I punched him.
[26:15.360 --> 26:20.760] But if I did and you're going to get a warrant, the police will be at my door.
[26:20.760 --> 26:21.760] I'll be in a cell.
[26:21.760 --> 26:29.320] I'll be in a cell right after that if she saw that, I would definitely be behind bars.
[26:29.320 --> 26:40.600] Have you seen him a tort letter that the detective or who, the detective, oh no, because I need
[26:40.600 --> 26:45.520] to hire a PI, he, she moved out of the state.
[26:45.520 --> 26:55.080] This is briefly, no, no, no, she, the tort letter gives them notice that any information
[26:55.080 --> 27:02.080] they have is likely to be requested in discovery.
[27:02.080 --> 27:06.600] So it forces them to retain all the records.
[27:06.600 --> 27:16.440] Okay, tort letter to the hospital and a second letter to the second letter to the detective
[27:16.440 --> 27:17.440] personally.
[27:17.440 --> 27:18.440] Yes.
[27:18.440 --> 27:19.440] Yes.
[27:19.440 --> 27:22.520] So I need to find out where she lives now.
[27:22.520 --> 27:23.520] She's out of California.
[27:23.520 --> 27:27.040] She moved out of the state.
[27:27.040 --> 27:30.560] I heard.
[27:30.560 --> 27:34.080] Did they say what state?
[27:34.080 --> 27:36.080] I don't know.
[27:36.080 --> 27:39.080] Trying to help me track a little bit.
[27:39.080 --> 27:40.280] I got to find out.
[27:40.280 --> 27:41.560] I don't know where she is.
[27:41.560 --> 27:45.800] Yeah, get a private detective, a private detective can find him.
[27:45.800 --> 27:46.800] Okay.
[27:46.800 --> 27:47.800] All right.
[27:47.800 --> 27:53.600] So those are the two next things that I need to do.
[27:53.600 --> 28:01.200] I was going to do another public records request asking, of course, this is a whole chart organization.
[28:01.200 --> 28:09.160] I need their full name when they started as a police officer and when they took the oath.
[28:09.160 --> 28:14.280] Is that a good information from your opinion?
[28:14.280 --> 28:15.960] When they took their oath, what date?
[28:15.960 --> 28:22.720] Well, when I'm doing open records, I ask for everything.
[28:22.720 --> 28:27.440] So yeah, and the best is to ask for stuff they're not gonna wanna give you.
[28:27.440 --> 28:28.440] Okay.
[28:28.440 --> 28:33.560] Because they always do it wrong, then you get more claims against them.
[28:33.560 --> 28:34.560] Okay.
[28:34.560 --> 28:48.000] The tort letter, do you have a sample I can look at on your jurisprudence?
[28:48.000 --> 28:52.680] No tort letter specific to whatever circumstance occurs.
[28:52.680 --> 28:59.740] I like to write my lawsuit and then take the court heading off and put a business letter
[28:59.740 --> 29:04.640] heading on it and send that to them.
[29:04.640 --> 29:15.760] And instead of a prayer at the bottom, you turn the prayer into make me whole or be sued.
[29:15.760 --> 29:21.840] So when they get this, it looks like a lawsuit, it's just got a business heading on it instead
[29:21.840 --> 29:23.720] of a court heading.
[29:23.720 --> 29:32.520] Then their lawyers are gonna say, this woman's not kidding, she really is gonna sue you.
[29:32.520 --> 29:38.420] And it also, the tort letter doesn't have to be so complete.
[29:38.420 --> 29:46.400] So you start in the tort letter organizing your issues and arguments.
[29:46.400 --> 29:50.480] They don't have to be perfect.
[29:50.480 --> 29:52.960] They can just be an outline.
[29:52.960 --> 30:01.360] But it's the first step in building your lawsuit.
[30:01.360 --> 30:05.800] Everyone knows that walking is great exercise, but you might not know that the way you walk
[30:05.800 --> 30:07.920] could predict how long you're going to live.
[30:07.920 --> 30:13.140] I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication
[30:13.140 --> 30:14.840] in just a moment.
[30:14.840 --> 30:16.440] Privacy is under attack.
[30:16.440 --> 30:20.040] When you give up data about yourself, you'll never get it back again.
[30:20.040 --> 30:24.800] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.800 --> 30:29.880] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.880 --> 30:32.560] Privacy, it's worth hanging on to.
[30:32.560 --> 30:36.860] This public service announcement is brought to you by StartPage.com, the private search
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[30:43.680 --> 30:48.100] New research shows how fast you walk could predict how long you're going to live.
[30:48.100 --> 30:52.680] The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.680 --> 30:55.900] per second or faster live longer than expected.
[30:55.900 --> 31:00.300] In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.300 --> 31:05.000] A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:05.000 --> 31:07.720] as more traditional statistical measures.
[31:07.720 --> 31:10.400] Generally speaking, faster walkers live longer.
[31:10.400 --> 31:13.160] Measuring walking speed is quick and inexpensive.
[31:13.160 --> 31:17.000] It only takes a stopwatch some space to walk in a few minutes.
[31:17.000 --> 31:21.240] Researchers say it could help doctors identify older patients who need special care.
[31:21.240 --> 31:23.080] I'm Dr. Catherine Albrecht.
[31:23.080 --> 31:25.520] More news and information at CatherineAlbrecht.com.
[31:25.520 --> 31:31.440] I lost my son.
[31:31.440 --> 31:32.440] My nephew.
[31:32.440 --> 31:33.440] My uncle.
[31:33.440 --> 31:34.440] My son.
[31:34.440 --> 31:35.440] On September 11, 2001.
[31:35.440 --> 31:38.680] Most people don't know that a third tower fell on September 11.
[31:38.680 --> 31:42.880] World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.880 --> 31:46.760] Although the official explanation is that fire brought down Building 7.
[31:46.760 --> 31:51.600] Over 1,200 architects and engineers have looked into the evidence and believe there is more
[31:51.600 --> 31:52.600] to the story.
[31:52.600 --> 31:54.000] Bring justice to my son.
[31:54.000 --> 31:55.000] My uncle.
[31:55.000 --> 31:56.000] My nephew.
[31:56.000 --> 31:57.000] My son.
[31:57.000 --> 31:58.000] Go to buildingwhat.org.
[31:58.000 --> 31:59.000] Why it fell.
[31:59.000 --> 32:00.000] Why it matters.
[32:00.000 --> 32:01.000] And what you can do.
[32:01.000 --> 32:05.840] Logos Radio Network welcomes a new show to our lineup for the new year.
[32:05.840 --> 32:12.080] Scripture Talk with Nana will begin Wednesday, January 8, from 8 to 10 p.m. Central Time.
[32:12.080 --> 32:15.160] Our goal is in accord with Matthew 5-16.
[32:15.160 --> 32:20.200] Let your light so shine before men that they may see your good works and glorify your Father
[32:20.200 --> 32:21.740] which is in heaven.
[32:21.740 --> 32:26.560] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.560 --> 32:32.100] Join Nana and guests for both verse-by-verse Bible studies and topical Bible studies designed
[32:32.100 --> 32:35.240] to provoke unto love and good works.
[32:35.240 --> 32:39.600] Our verse-by-verse Bible studies will begin in the book of Matthew where we will discuss
[32:39.600 --> 32:41.380] one chapter per week.
[32:41.380 --> 32:46.440] Our topical Bible studies will vary each week and we'll explore sound doctrine as well as
[32:46.440 --> 32:48.660] Christian character development.
[32:48.660 --> 32:54.480] So mark your calendar and join us live on logosradionetwork.com Wednesdays from 8 to
[32:54.480 --> 33:19.600] 10 p.m. starting January 8 for an inspiring and motivating discussion of the Scriptures.
[33:19.600 --> 33:48.800] I want, I want, I won't let you pull the wool over my eyes.
[33:48.800 --> 34:10.000] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio and EJ, I was, I have a
[34:10.000 --> 34:16.120] methodology for how to build legal documents, especially how to build long and complex legal
[34:16.120 --> 34:17.120] documents.
[34:17.120 --> 34:23.400] And you start out with a timeline and once you have, you go down it and you put in all
[34:23.400 --> 34:28.000] the things that happen, you leave it for a day or two and you go down it again and you'll
[34:28.000 --> 34:33.040] remember stuff and stick them in the places and you go down it again.
[34:33.040 --> 34:37.700] You keep doing that until you don't find new stuff.
[34:37.700 --> 34:44.220] You don't, until you stop adding extra stuff in there that you hadn't, that you had forgotten.
[34:44.220 --> 34:50.940] So once you get to that point, now you move the timeline aside and follow it as a guideline
[34:50.940 --> 34:54.440] and write out the whole story of everything that happened.
[34:54.440 --> 34:58.500] Neither one of these documents will ever go to court.
[34:58.500 --> 35:02.720] That's your tool that helps you build this suit.
[35:02.720 --> 35:08.400] Once you've got the timeline done, then you've got the whole story done, now you go down
[35:08.400 --> 35:17.120] them and pull out of this story the facts that go to different issues and then you get
[35:17.120 --> 35:26.880] a, when you pull out the issues and then for each issue you develop your facts and law
[35:26.880 --> 35:28.960] to flesh out the issues.
[35:28.960 --> 35:33.920] Now you've got points and authorities, that goes in your lawsuit.
[35:33.920 --> 35:38.680] And once you have points and authorities in there, you've pulled out all the issues
[35:38.680 --> 35:46.920] and established, put in the facts that established the issue and the law as it relates to those
[35:46.920 --> 35:57.560] facts, then you do causes of action, claims and causes of action.
[35:57.560 --> 36:08.200] This act here that caused me harm or violated this law harmed me in this way.
[36:08.200 --> 36:17.760] And you make a claim for how much of that harm, how much you were harmed for each one.
[36:17.760 --> 36:19.720] Then you make a statement of facts.
[36:19.720 --> 36:25.880] I won't go, statement of facts is the most important part, but we'll get to that a little
[36:25.880 --> 36:27.200] bit later.
[36:27.200 --> 36:34.400] Right now this is a method, so do the timeline, do the whole story.
[36:34.400 --> 36:39.660] You've told the story a hundred times, now tell it in writing.
[36:39.660 --> 36:46.280] But the timeline will keep you in chronological order, so all of the pieces fit together.
[36:46.280 --> 36:51.800] Get those two, now we're ready to build a points and authorities and that will be your
[36:51.800 --> 36:52.800] tort letter.
[36:52.800 --> 37:08.240] And then after that, then we just add the next parts in.
[37:08.240 --> 37:10.440] You want me to post it on Telegram?
[37:10.440 --> 37:11.440] Yes.
[37:11.440 --> 37:12.440] My timeline?
[37:12.440 --> 37:13.440] Okay.
[37:13.440 --> 37:14.440] Yes.
[37:14.440 --> 37:21.860] We've got a lot of people in there that rip you to shreds, they'll help you get a really
[37:21.860 --> 37:23.040] nice document.
[37:23.040 --> 37:24.040] Okay.
[37:24.040 --> 37:26.800] He means in a good way.
[37:26.800 --> 37:35.720] Yeah, and I just had Eddie Craig, I had him look over one of my documents and he just
[37:35.720 --> 37:39.480] tore me to pieces.
[37:39.480 --> 37:43.480] Had me begging for mercy, cut me some slack.
[37:43.480 --> 37:48.200] But he said, you told me to tear you to pieces.
[37:48.200 --> 37:52.160] Yeah, I know that, but I didn't have to like it.
[37:52.160 --> 37:58.280] But that's the best criticism I get, is when somebody rips my stuff to pieces because I'd
[37:58.280 --> 38:05.000] rather have it ripped to pieces by someone who cares about it than some guys trying the
[38:05.000 --> 38:11.120] other side of the court.
[38:11.120 --> 38:16.680] I hope they're merciless because when you get in court, the lawyer on the other side
[38:16.680 --> 38:19.520] is going to have no mercy on you.
[38:19.520 --> 38:23.520] And you'll see, you'll get really good documents.
[38:23.520 --> 38:28.080] The people on the side are not quite as coarse as I am.
[38:28.080 --> 38:31.120] They're sweet and nice, that makes me sick.
[38:31.120 --> 38:32.120] We need to be mean.
[38:32.120 --> 38:33.120] In a PDF?
[38:33.120 --> 38:34.120] Is PDF okay?
[38:34.120 --> 38:43.440] Because I already sent you through email.
[38:43.440 --> 38:52.400] But now I'll PDF it and post it on Telegram in Law Society of Randy.
[38:52.400 --> 38:57.320] Just when we were speaking, I went to our city website.
[38:57.320 --> 38:59.760] Guess what, Randy and Brett?
[38:59.760 --> 39:05.560] They got a new police chief that was sworn in just right now, October the 13th.
[39:05.560 --> 39:07.040] Right here.
[39:07.040 --> 39:08.840] What a coincidence.
[39:08.840 --> 39:15.880] New Irvine Police Department Chief Michael Kent's sworn in.
[39:15.880 --> 39:22.320] So you want to welcome him to the deep end of the pool?
[39:22.320 --> 39:25.920] Yeah, right.
[39:25.920 --> 39:28.920] Okay.
[39:28.920 --> 39:31.920] Do you have anything else for us tonight?
[39:31.920 --> 39:35.840] Oh, let me see.
[39:35.840 --> 39:37.880] No, I guess that's it.
[39:37.880 --> 39:41.840] I have so many little little questions.
[39:41.840 --> 39:51.000] I think another thing is, oh, when I do the second request for record for the whole organization
[39:51.000 --> 39:59.800] with this new guy that came in, can I tell them please do not let a third party contact
[39:59.800 --> 40:00.800] me.
[40:00.800 --> 40:02.520] I want to hear from my public official.
[40:02.520 --> 40:03.520] That's my request.
[40:03.520 --> 40:07.040] No, no, no, don't do that.
[40:07.040 --> 40:12.280] When another party contacts you, it'll be a lawyer and bar-grieve him.
[40:12.280 --> 40:13.280] Okay.
[40:13.280 --> 40:14.280] All right.
[40:14.280 --> 40:19.200] Brett, do they get the idea?
[40:19.200 --> 40:23.400] Yeah, they figure it out pretty quickly.
[40:23.400 --> 40:29.400] In fact, what tends to happen is that lawyer disappears.
[40:29.400 --> 40:36.160] In one case, I had actually asked for some records and these records I don't even care
[40:36.160 --> 40:37.360] about.
[40:37.360 --> 40:42.440] Somebody was down in some other county and I was just making some records requests to
[40:42.440 --> 40:46.840] just start getting the lay of the land.
[40:46.840 --> 40:57.640] And they started obstructing via some law firm and this law firm was calling themselves
[40:57.640 --> 40:59.520] the city attorney.
[40:59.520 --> 41:05.340] Apparently the city attorney is the whole firm, whatever.
[41:05.340 --> 41:12.480] So the first person got a bar grievance and somebody else piped up, they got a bar grievance.
[41:12.480 --> 41:16.400] And then next thing you know, that law firm doesn't work for the city anymore.
[41:16.400 --> 41:19.600] Now they've got a different law firm working for the city.
[41:19.600 --> 41:20.840] Wow.
[41:20.840 --> 41:25.800] Oh my gosh.
[41:25.800 --> 41:28.680] And how many months did that?
[41:28.680 --> 41:30.360] It can take like three months.
[41:30.360 --> 41:37.240] I should do the second request right away then because I like to see what happens here.
[41:37.240 --> 41:38.240] Yeah.
[41:38.240 --> 41:39.240] So don't even put that in there.
[41:39.240 --> 41:42.920] I was going to, but let's see what happens.
[41:42.920 --> 41:46.600] And then can I put in the request?
[41:46.600 --> 41:52.400] What happened to the former police chief?
[41:52.400 --> 41:53.400] Did he resign?
[41:53.400 --> 42:02.360] Can I ask questions in the public records request?
[42:02.360 --> 42:04.360] You can, but you have to, it's an art form.
[42:04.360 --> 42:09.460] You have to, instead of asking the question, you have to ask for which records would show
[42:09.460 --> 42:11.680] you the answer.
[42:11.680 --> 42:14.640] So think about what records would they have.
[42:14.640 --> 42:16.320] I just did this today.
[42:16.320 --> 42:23.440] We had a district judge just, it was getting too hot around there.
[42:23.440 --> 42:27.920] Was getting really uncomfortable for him and he knew he was next.
[42:27.920 --> 42:30.520] He was the next domino to fall.
[42:30.520 --> 42:33.880] And so just poof, he disappeared.
[42:33.880 --> 42:34.880] He's now retired.
[42:34.880 --> 42:36.660] Wait a second.
[42:36.660 --> 42:41.320] He's got a four year, he was elected to a four year term.
[42:41.320 --> 42:43.360] He hasn't been quite finished one year yet.
[42:43.360 --> 42:45.720] What's he doing retiring?
[42:45.720 --> 42:49.980] So I want to know why he left, exactly what you're saying.
[42:49.980 --> 42:56.680] And so I can't ask them for public information in a public information request.
[42:56.680 --> 43:01.880] I can't ask them, so what's going on with this judge?
[43:01.880 --> 43:02.880] What's the rumors?
[43:02.880 --> 43:03.880] What have you heard?
[43:03.880 --> 43:06.660] Why is he slipping out of here all of a sudden?
[43:06.660 --> 43:07.880] I can't ask that.
[43:07.880 --> 43:12.560] They'll just say, we have no records responsive to your request.
[43:12.560 --> 43:20.200] But if I ask them, as I did just a little while ago, I said, show me all of the records
[43:20.200 --> 43:27.960] that are assembled, collected or maintained by your office or accessible via your office.
[43:27.960 --> 43:37.600] Records that show or indicate any reasons for the premature termination of this district
[43:37.600 --> 43:41.880] judge term.
[43:41.880 --> 43:45.120] Did you ask for his resignation?
[43:45.120 --> 43:50.840] That'll be part of it, because I asked for emails and any other written communications.
[43:50.840 --> 43:56.280] That way, whatever they have, they're going to give it to me.
[43:56.280 --> 44:00.720] And I can figure out for myself why he left.
[44:00.720 --> 44:05.320] Through advances in technology, our lives have greatly improved, except in the area
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[44:59.680 --> 45:04.320] Are you the plaintiff or defendant in a lawsuit?
[45:04.320 --> 45:07.560] Win your case without an attorney with Jurisdictionary.
[45:07.560 --> 45:14.240] The affordable, easy to understand, 4CD course that will show you how in 24 hours, step by
[45:14.240 --> 45:15.240] step.
[45:15.240 --> 45:18.760] If you have a lawyer, know what your lawyer should be doing.
[45:18.760 --> 45:23.080] If you don't have a lawyer, know what you should do for yourself.
[45:23.080 --> 45:27.920] Thousands have won with our step by step course, and now you can too.
[45:27.920 --> 45:34.480] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
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[45:39.400 --> 45:43.520] principles and practices that control our American courts.
[45:43.520 --> 45:49.720] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.720 --> 45:52.320] pro se tactics and much more.
[45:52.320 --> 46:10.080] Please visit RuleOfLawRadio.com and click on the banner or call toll free 866-LAW-EASY.
[46:22.320 --> 46:29.280] Always, I must be careful what I'm wishing for.
[46:29.280 --> 46:35.040] When I'm hungry, I like to know just what I'm fishing for.
[46:35.040 --> 46:41.480] I ain't asking for much, I ain't trying to be no glutton.
[46:41.480 --> 46:45.680] I'm just here making my living pushing buttons.
[46:45.680 --> 46:52.640] I'll give my message out to anyone in shouting distance.
[46:52.640 --> 46:58.200] I'll vote for bravery and against slavery showing resistance.
[46:58.200 --> 47:03.800] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and Brett, you were talking
[47:03.800 --> 47:09.240] when we went out and you timed your exit perfect.
[47:09.240 --> 47:11.440] Sounded like I didn't fall off a cliff, right?
[47:11.440 --> 47:14.160] It sounded like it.
[47:14.160 --> 47:15.220] But we're pros.
[47:15.220 --> 47:16.220] We know better.
[47:16.220 --> 47:24.920] Yeah, so I asked for the records of the district judge who was leaving.
[47:24.920 --> 47:30.020] I asked for records that would include all emails and written communications or any other
[47:30.020 --> 47:36.020] records that they have in their office or can access via their office that will indicate
[47:36.020 --> 47:41.800] to me the reasons surrounding his departure.
[47:41.800 --> 47:46.640] That way, yeah, might be a resignation letter, like you said, but it also might be some other
[47:46.640 --> 47:51.400] people with some back and forth emails talking about, dude, you're going to get us all in
[47:51.400 --> 47:52.400] trouble.
[47:52.400 --> 47:57.420] We don't exactly know what's going to pop out of this, but yeah, that's how you ask
[47:57.420 --> 48:04.080] a question is think about the records that might contain the answer and just start pulling
[48:04.080 --> 48:10.500] at it like picking out a yarn, a sweater, you know, just grab it one of the ends and
[48:10.500 --> 48:12.320] start pulling.
[48:12.320 --> 48:16.360] And it might not be in there, but that might help open up something else and then you see
[48:16.360 --> 48:23.660] some, maybe a reference will pop up in an email that comes back in the responsive records.
[48:23.660 --> 48:29.100] And this reference will talk about his pension fund and something was fishy about that.
[48:29.100 --> 48:33.360] You just can, your spidey sense says, look over there.
[48:33.360 --> 48:40.780] So then next email would be to request some records from maybe a county auditor, a comptroller,
[48:40.780 --> 48:45.740] or maybe the HR director or finance director or somebody that's going to have access to
[48:45.740 --> 48:49.400] those records and keep digging, keep pulling.
[48:49.400 --> 48:53.720] Oh, wait, he's not, there we go.
[48:53.720 --> 48:56.920] Does that make sense, EJ?
[48:56.920 --> 49:02.400] Oh, wait, I unmuted the wrong one.
[49:02.400 --> 49:03.400] Okay.
[49:03.400 --> 49:04.400] There we go.
[49:04.400 --> 49:05.400] Got the right one.
[49:05.400 --> 49:06.400] Does that make sense, EJ?
[49:06.400 --> 49:07.400] Yeah.
[49:07.400 --> 49:08.400] Thank you so much.
[49:08.400 --> 49:16.400] If we don't have a comptroller, it doesn't say comptroller on the city website, would
[49:16.400 --> 49:18.280] finance be okay?
[49:18.280 --> 49:27.600] Or another word is Cisco human resources, you might base public records to the human
[49:27.600 --> 49:33.400] resource department right here, it says human resources and innovation.
[49:33.400 --> 49:34.400] Okay.
[49:34.400 --> 49:38.000] Just ask them who pays all the bills.
[49:38.000 --> 49:40.120] Is it the treasurer?
[49:40.120 --> 49:41.800] Is it the comptroller?
[49:41.800 --> 49:44.800] Is it the auditor?
[49:44.800 --> 49:48.480] They'll have somebody that pays all the bills and that's the one you want to know.
[49:48.480 --> 49:49.480] Okay.
[49:49.480 --> 49:53.720] Should I just call them directly and then ask them?
[49:53.720 --> 49:54.720] Yeah.
[49:54.720 --> 49:58.760] I mean, when you're talking about finances, they don't get defensive.
[49:58.760 --> 50:02.760] This is just somebody interested in the finances and stuff.
[50:02.760 --> 50:06.040] If you're calling about criminal issues, they get tense.
[50:06.040 --> 50:11.600] But if you're calling about business, when I want to really snooker some good information
[50:11.600 --> 50:18.920] out of them, I'm careful how I talk to them and I pretend like I'm somebody that has specific
[50:18.920 --> 50:19.920] business.
[50:19.920 --> 50:24.840] It's okay to con them a little bit.
[50:24.840 --> 50:25.840] Right.
[50:25.840 --> 50:26.840] Right.
[50:26.840 --> 50:33.800] Or just, I can just see, see like right here, it's management and strategic planning, human
[50:33.800 --> 50:34.800] resource and innovation.
[50:34.800 --> 50:40.200] I'll just send it to financial management or call them tomorrow and say, who pays all
[50:40.200 --> 50:41.200] the bills?
[50:41.200 --> 50:47.960] They'll tell me or just send it to them and say, please, if this doesn't, if this office
[50:47.960 --> 50:50.120] doesn't handle this, please forward it.
[50:50.120 --> 50:53.240] Is that not the way to do it?
[50:53.240 --> 51:00.120] What Texas law says, and I just used this today, yesterday with the district attorney's
[51:00.120 --> 51:04.840] office, I brought them an information request and she said, well, you really need to give
[51:04.840 --> 51:07.880] that to this other department.
[51:07.880 --> 51:16.240] No, actually you need to give it to them because what the code says, if a request is given
[51:16.240 --> 51:21.280] to the wrong person, the person who receives it is to forward it to the custodian of the
[51:21.280 --> 51:22.280] record.
[51:22.280 --> 51:25.120] And I told her that's what the law said.
[51:25.120 --> 51:26.400] She said, it does say that?
[51:26.400 --> 51:27.400] I said, yeah, go check.
[51:27.400 --> 51:28.740] She said, I will.
[51:28.740 --> 51:39.560] She went back for about 30 minutes, came back out and she accepted my information request.
[51:39.560 --> 51:46.520] It was really, really obnoxious.
[51:46.520 --> 51:57.040] I wanted to see the complete list of the entire jury pool.
[51:57.040 --> 52:00.440] In Travis County, they have three grand jurors.
[52:00.440 --> 52:03.800] So they call a whole bunch of people down there.
[52:03.800 --> 52:11.240] I want to see if they're calling the same people down over and over.
[52:11.240 --> 52:19.080] I just got a response from Victoria County and all she could give me was the grand jury
[52:19.080 --> 52:24.000] pool for this year, not for the past five years like I asked for.
[52:24.000 --> 52:31.400] Oh my goodness, we went to a new computer system and I lost access to all that information.
[52:31.400 --> 52:34.400] Yeah, right.
[52:34.400 --> 52:37.920] Not in this life.
[52:37.920 --> 52:46.840] She knows what I'm looking for because she's doing what I'm looking to find them doing.
[52:46.840 --> 52:53.840] Same list of jury pool members every time.
[52:53.840 --> 52:56.480] So this is how they try to control the grand jury.
[52:56.480 --> 53:01.480] So you have to be artful in what you ask.
[53:01.480 --> 53:02.840] Artful, okay.
[53:02.840 --> 53:05.880] I remember that word, artful.
[53:05.880 --> 53:10.360] That's a nice way of saying sneaky conniving.
[53:10.360 --> 53:17.760] Artful, artful sounds better.
[53:17.760 --> 53:25.120] Thank you so much for your help and I'll post my timeline on the channel.
[53:25.120 --> 53:29.000] Thank you so much again, bless you.
[53:29.000 --> 53:30.000] Okay.
[53:30.000 --> 53:32.440] Thank you, EJ.
[53:32.440 --> 53:34.640] Now we're going to go to Ms. Mary.
[53:34.640 --> 53:35.980] Hello, Ms. Mary.
[53:35.980 --> 53:38.240] What do you have for us today?
[53:38.240 --> 53:48.560] Code of Criminal Procedure, Chapter 2, General Duties of Officers.
[53:48.560 --> 53:55.400] 2.01, it shall be the primary duty of the prosecuting attorney not to secure conviction,
[53:55.400 --> 53:59.040] but to ensure that justice is served.
[53:59.040 --> 54:01.920] Good luck with that.
[54:01.920 --> 54:04.400] Article 2.09, who are magistrates?
[54:04.400 --> 54:09.640] Each of the following officers is a magistrate within the meaning of this code.
[54:09.640 --> 54:15.480] The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices
[54:15.480 --> 54:19.220] of the Court of Appeals, the judges of the District Court, the magistrates appointed
[54:19.220 --> 54:24.120] by the judges of the District Courts of Behar County, Dallas County, or Tarrant County that
[54:24.120 --> 54:29.080] give preference to criminal cases, the criminal law hearing officers for Harris County appointed
[54:29.080 --> 54:35.000] under Subtracture L, Chapter 54, Government Code, the criminal code hearing officers for
[54:35.000 --> 54:40.560] Cameron County appointed under Subtracture CB, Chapter 54, Government Code, the magistrates
[54:40.560 --> 54:46.040] or associate judges appointed by the judges of the District Courts of Lubbock County,
[54:46.040 --> 54:49.800] Nolan County or Webb County, the magistrates appointed by the judges of the Criminal District
[54:49.800 --> 54:55.520] Courts of Dallas County or Tarrant County, the associate judges appointed by the judges
[54:55.520 --> 54:59.100] of the District Courts and county courts of law that gives preference to criminal cases
[54:59.100 --> 55:03.220] in Jefferson County, the associate judges appointed by the judges of the District Courts
[55:03.220 --> 55:06.200] of the
[55:06.200 --> 55:07.880] in Wake County or Williamson County.
[55:08.440 --> 55:12.720] The magistrate's appointed by the judges of the District Court and statutory county courts
[55:12.720 --> 55:15.720] that give preference to criminal cases in Travis County.
[55:15.720 --> 55:20.900] The criminal magistrate's appointed by Brakestoria County Commissioners' Court.
[55:20.900 --> 55:23.820] The criminal magistrate's appointed by the Burnett County Commissioners' Court.
[55:23.820 --> 55:28.900] The magistrate's appointed by the El Paso Council of Judges, the county judges,
[55:28.900 --> 55:32.300] the judges of the county courts of law, judges of the county criminal courts,
[55:32.300 --> 55:34.220] the judges of the statutory probate courts.
[55:34.220 --> 55:38.640] The associate judge's appointed by the judges of the statutory probate courts
[55:38.640 --> 55:40.320] under chapter 54A government code.
[55:40.320 --> 55:43.040] The associate judge is appointed by the judges of the district court
[55:43.040 --> 55:45.480] under chapter 54A government code,
[55:45.480 --> 55:49.920] the magistrate's appointed under step justice JJ, chapter 54, government code,
[55:49.920 --> 55:53.540] the magistrate's appointed by the Collins County Commissioners' Court,
[55:53.540 --> 55:57.080] the magistrate's appointed by the Fort Bend County Commissioners' Court,
[55:57.080 --> 56:03.780] the justices of the peaks and the mayor and the recorders and the judges
[56:03.780 --> 56:11.160] colleges of the municipal courts of incorporated cities or towns.
[56:11.160 --> 56:18.940] I see the word recorders does that include clerks and court reporters or notaries?
[56:18.940 --> 56:32.860] Randy, did you hear that no she's wondering about recorders I've heard you mentioned before
[56:32.860 --> 56:36.780] that you're not sure what about what is recorders exactly?
[56:36.780 --> 56:43.220] I missed that I was doing some research we never really found out what that means the
[56:43.220 --> 56:48.020] best we could come up with is mayors.
[56:48.020 --> 56:52.460] But no one mentions mayors, mayors are already there.
[56:52.460 --> 57:00.300] I'm sorry not mayor court reporters we found a reference once that referred to court reporters
[57:00.300 --> 57:02.560] and that didn't seem right.
[57:02.560 --> 57:08.780] So we're never really sure what county recorders are.
[57:08.780 --> 57:12.020] Well the recorders I've heard could be notaries.
[57:12.020 --> 57:17.220] I heard this was years ago somebody a notary could be considered and so and let me add
[57:17.220 --> 57:24.980] this and I'm done with this quotation article 2.10 duty of magistrate it is a duty of every
[57:24.980 --> 57:31.740] magistrate to preserve the peace within his jurisdiction by the use of all lawful means
[57:31.740 --> 57:40.260] to issue all process intended to aid in preventing and suppressing crime to cause the arrest
[57:40.260 --> 57:48.460] of offenders by the use of lawful means in order that they may be brought to punishment.
[57:48.460 --> 57:54.900] Yes now read 2.11.
[57:54.900 --> 58:02.020] When a magistrate sits for the purpose of examining into a criminal accusation that
[58:02.020 --> 58:04.180] is an examining court.
[58:04.180 --> 58:06.900] I saw that.
[58:06.900 --> 58:10.100] An examining court is held under chapter 16.
[58:10.100 --> 58:16.360] What I'm seeing here as these white collar crime guys judges or anything they do not
[58:16.360 --> 58:21.700] want to be examined by a DA they think they get to get examined by the attorney general
[58:21.700 --> 58:26.540] because of what some people are saying down here at meetings.
[58:26.540 --> 58:34.260] Attorney general has no prosecutorial power by constitution.
[58:34.260 --> 58:44.820] The constitution grants prosecutorial powers to a the elected district attorney and elected
[58:44.820 --> 58:56.900] county attorney and nobody else.
[58:56.900 --> 59:18.180] So
[59:18.180 --> 59:22.960] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.960 --> 59:27.900] of salvation, growing in Christ, and how to build up the Church.
[59:27.900 --> 59:32.900] To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.900 --> 01:00:00.700] Life, call Bibles for America toll-free at 888-551-0102.
[01:00:00.700 --> 01:00:06.700] And the following newsflash is brought to you by the Lone Star Lowdown.
[01:00:06.700 --> 01:00:11.820] Markets for Monday, the 22nd of July, 2019 opened with precious metals, gold at $1,429
[01:00:11.820 --> 01:00:20.900] an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel,
[01:00:20.900 --> 01:00:29.140] Brent crude $62.47 a barrel, and cryptos in order of market cap, bitcoin core $10,566.52,
[01:00:29.140 --> 01:00:41.100] ethereum $227.26, xrp ripple $0.33, litecoin $100.31, and bitcoin cash $324.10 a crypto
[01:00:41.100 --> 01:00:43.100] coin.
[01:00:43.100 --> 01:00:52.340] Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb, was detonated
[01:00:52.340 --> 01:00:57.660] on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[01:00:57.660 --> 01:01:04.620] 10 and injuring 40.
[01:01:04.620 --> 01:01:09.300] In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp and
[01:01:09.300 --> 01:01:13.940] a Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:01:13.940 --> 01:01:17.940] and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:01:17.940 --> 01:01:22.620] new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.620 --> 01:01:24.700] to test the herb for THC.
[01:01:24.700 --> 01:01:28.340] Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:01:28.340 --> 01:01:33.220] she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:33.220 --> 01:01:34.220] law.
[01:01:34.220 --> 01:01:37.500] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:01:37.500 --> 01:01:41.980] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:41.980 --> 01:01:48.140] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:48.140 --> 01:01:54.300] As well as other cities too, like the District Attorney, in El Paso, Jaime Esparza, a Democrat
[01:01:54.300 --> 01:01:58.860] who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:58.860 --> 01:02:01.540] prosecution of marijuana cases in El Paso.
[01:02:01.540 --> 01:02:06.620] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.620 --> 01:02:10.620] in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.620 --> 01:02:13.340] something illegal based on its chemical makeup.
[01:02:13.340 --> 01:02:17.220] It's important that if someone is charged with something, the test matches what they're
[01:02:17.220 --> 01:02:22.420] charged with.
[01:02:22.420 --> 01:02:27.780] A paper by Tulane University identified a 5.5-inch American pocket shark as the first
[01:02:27.780 --> 01:02:33.460] of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured
[01:02:33.460 --> 01:02:39.340] or recorded, with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.340 --> 01:02:43.660] According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.660 --> 01:02:45.500] its front fins.
[01:02:45.500 --> 01:02:53.700] For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:53.700 --> 01:03:23.380] This was Rook Rodey with your Lowdown for July 22, 2019.
[01:03:23.700 --> 01:03:49.340] OK, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio on this Friday, the 15th
[01:03:49.340 --> 01:03:57.220] day of October 2021, and we're talking to Mary in Texas.
[01:03:57.220 --> 01:04:01.420] And Brett, will you read what you found at the library?
[01:04:01.420 --> 01:04:06.780] Well, yeah, I was just looking for a county recorder to see what that's about.
[01:04:06.780 --> 01:04:12.620] And I did find something, I haven't found a statute yet or something a little more definitive,
[01:04:12.620 --> 01:04:19.180] but I found something in the Texas State Library and Archives Commission describing that the
[01:04:19.180 --> 01:04:26.820] county clerk performs duties that in other states are often divided among two or more
[01:04:26.820 --> 01:04:31.620] officials and the county clerk is the county recorder.
[01:04:31.620 --> 01:04:35.500] So it says here, so I'll keep looking to see if there's something that's a little more
[01:04:35.500 --> 01:04:40.660] authoritative that we can cite, but that's what I've seen so far.
[01:04:40.660 --> 01:04:43.100] Well, I agree with that.
[01:04:43.100 --> 01:04:46.260] This would have nothing to do with a court reporter.
[01:04:46.260 --> 01:04:53.700] This is strictly a clerk's position, and I have heard a notary that a notary can qualify.
[01:04:53.700 --> 01:04:58.540] Now, this is just here saying it was a long time ago, but you know what, aren't notaries
[01:04:58.540 --> 01:05:02.980] sworn in and they're keeping ledgers and the ledgers belong to the state.
[01:05:02.980 --> 01:05:12.500] So with all that we've been talking about lately, I would conclude that includes notary.
[01:05:12.500 --> 01:05:16.780] I'm not sure I would put notary in that category, but yeah.
[01:05:16.780 --> 01:05:20.780] I don't think I would either.
[01:05:20.780 --> 01:05:23.380] The notary is not a judicial officer.
[01:05:23.380 --> 01:05:25.260] Fair enough.
[01:05:25.260 --> 01:05:28.420] I think this is going to require a judicial.
[01:05:28.420 --> 01:05:31.020] I can see the clerk in Tennessee.
[01:05:31.020 --> 01:05:34.100] I found it.
[01:05:34.100 --> 01:05:36.220] You want to tell about Tennessee first?
[01:05:36.220 --> 01:05:43.580] In Tennessee, it specifically states that you can present criminal complaints to the
[01:05:43.580 --> 01:05:51.820] clerk and she can hold in examining a preliminary hearing.
[01:05:51.820 --> 01:05:52.820] Go ahead.
[01:05:52.820 --> 01:05:53.820] Okay.
[01:05:53.820 --> 01:06:05.940] In the Texas local government code chapter, it's a section 191.001, and it says county
[01:06:05.940 --> 01:06:08.860] recorder, seal general duties.
[01:06:08.860 --> 01:06:13.660] As provided by article five, section 20 of the Texas constitution, the county clerk of
[01:06:13.660 --> 01:06:17.680] a county serves as the county recorder.
[01:06:17.680 --> 01:06:20.940] So that's pretty straightforward and it goes on to tell a little more stuff about the seal
[01:06:20.940 --> 01:06:25.300] and the stamp and exactly how they record things and so forth.
[01:06:25.300 --> 01:06:30.340] But the county clerk serves as the county recorder.
[01:06:30.340 --> 01:06:41.300] The county clerk serves as the county recorder and would that mean anyone under her or would
[01:06:41.300 --> 01:06:45.140] one have to go specifically to her?
[01:06:45.140 --> 01:06:46.140] That's a good question.
[01:06:46.140 --> 01:06:48.020] I don't know.
[01:06:48.020 --> 01:06:52.180] I would say her specifically.
[01:06:52.180 --> 01:06:57.340] I know when I was helping somebody in the Travis County court and I talked to one of
[01:06:57.340 --> 01:07:00.780] the secretaries after her name, she said, oh no, you're not going to do that to me and
[01:07:00.780 --> 01:07:01.780] ran away.
[01:07:01.780 --> 01:07:06.100] I don't know what position or what office she was in.
[01:07:06.100 --> 01:07:12.540] It was about 10 years ago now, but I think some of these clerks know that I thought there's
[01:07:12.540 --> 01:07:13.540] some responsibility here.
[01:07:13.540 --> 01:07:20.460] My point being that the duty of these magistrates is to preserve peace within law.
[01:07:20.460 --> 01:07:27.140] So we, all of these folks and even these clerks are probably many deserving of official oppression
[01:07:27.140 --> 01:07:33.220] and criminal complaints.
[01:07:33.220 --> 01:07:36.500] For me, this is good news.
[01:07:36.500 --> 01:07:40.620] We can ask a clerk to hold an examining trial.
[01:07:40.620 --> 01:07:42.740] In Tennessee?
[01:07:42.740 --> 01:07:46.700] Oh, that'll make them real unhappy.
[01:07:46.700 --> 01:07:55.100] No, in Texas, if the clerk is the recorder according to government code, then according
[01:07:55.100 --> 01:07:59.580] to 209, the recorder is a magistrate.
[01:07:59.580 --> 01:08:05.100] So that means the clerk is a magistrate and they're not probably used to thinking of themselves
[01:08:05.100 --> 01:08:06.100] that way at all.
[01:08:06.100 --> 01:08:11.140] So would you say I invoke your duty, your magisterial duty, they're going to be like,
[01:08:11.140 --> 01:08:12.140] what?
[01:08:12.140 --> 01:08:17.780] These ladies will clean up this thing real quick because the way they gossip, I think
[01:08:17.780 --> 01:08:25.420] we're going to have to go after the clerk, guys, or the county clerk.
[01:08:25.420 --> 01:08:27.460] Wait a minute.
[01:08:27.460 --> 01:08:28.460] I didn't understand that.
[01:08:28.460 --> 01:08:29.460] Will you say that again?
[01:08:29.460 --> 01:08:30.460] I misspoke.
[01:08:30.460 --> 01:08:34.380] You said they're going to clean things up.
[01:08:34.380 --> 01:08:37.500] And they gossip so well and they'll clean it up real quick.
[01:08:37.500 --> 01:08:43.860] Once they realize they have more of a conscience than a lot of you guys, these God fearing
[01:08:43.860 --> 01:08:48.580] women.
[01:08:48.580 --> 01:08:49.580] Women in general.
[01:08:49.580 --> 01:08:52.900] I can't tell if we just got insulted or not.
[01:08:52.900 --> 01:08:59.500] Well, I get insulted by women so much, I don't even notice it anymore.
[01:08:59.500 --> 01:09:01.500] That's normal conversation.
[01:09:01.500 --> 01:09:08.660] That's poor guys, we're so mistreated.
[01:09:08.660 --> 01:09:15.700] But yeah, clerks tend not to be jaded.
[01:09:15.700 --> 01:09:20.340] Clerk doesn't sit up there all day, every day and hear people come in and complaining
[01:09:20.340 --> 01:09:25.420] about the same things, telling the same stories over and over and over.
[01:09:25.420 --> 01:09:27.860] And the judge, you really get bored with it.
[01:09:27.860 --> 01:09:35.860] And they tend to hear these guys come in, all of them telling these stories of gloom
[01:09:35.860 --> 01:09:38.820] and woe, poor me, feel sorry for me.
[01:09:38.820 --> 01:09:44.780] You know, they get hardened to it, but clerks don't.
[01:09:44.780 --> 01:09:49.180] But getting a clerk to act as a magistrate, that's going to be a trick.
[01:09:49.180 --> 01:09:54.300] Well, I got it off your website, so I don't know how old this code is.
[01:09:54.300 --> 01:09:56.300] I'm sure, hopefully the new.
[01:09:56.300 --> 01:09:58.820] 209 has not changed.
[01:09:58.820 --> 01:09:59.820] Yeah.
[01:09:59.820 --> 01:10:05.900] Well, change of subject, while I was kind of talking about magistrates and why they're
[01:10:05.900 --> 01:10:09.020] so important, I was at a real big meeting.
[01:10:09.020 --> 01:10:15.580] I'm not going to give out names or anything, but one of our really big prestigious leaders
[01:10:15.580 --> 01:10:21.780] in Austin, and I've talked to a lot of these folks about official oppression complaints
[01:10:21.780 --> 01:10:27.460] and how to do it and what we think about the DA and why the code was written so we could
[01:10:27.460 --> 01:10:30.060] use and access grand jury.
[01:10:30.060 --> 01:10:34.100] Furthermore, that we could actually be pro se.
[01:10:34.100 --> 01:10:41.820] That aside, he, in front of a large audience, said, and he talks about this frequently,
[01:10:41.820 --> 01:10:50.060] that our Jose Garza, the DA, the blue dog, and other issues with the city.
[01:10:50.060 --> 01:10:54.500] There are some crime going on with the finances.
[01:10:54.500 --> 01:11:02.060] And he's not clear about it, and apparently so are many of his friends.
[01:11:02.060 --> 01:11:08.060] And I'm pushing these people, hey, write an official oppression or something, let's drag
[01:11:08.060 --> 01:11:11.300] them into criminal court.
[01:11:11.300 --> 01:11:13.140] Not another campaign battle.
[01:11:13.140 --> 01:11:22.700] And so basically this man, this well-suited and well-known leader in Austin said, well,
[01:11:22.700 --> 01:11:29.340] we believe there's some criminal action going on by Jose Garza, and we're considering or
[01:11:29.340 --> 01:11:35.860] willing to write a criminal referral to the attorney general.
[01:11:35.860 --> 01:11:40.420] I sat in the back of that room and my eyes were wobbling in my head, and I'd say this
[01:11:40.420 --> 01:11:44.380] guy couldn't be this stupid.
[01:11:44.380 --> 01:11:48.020] What in the world was he saying?
[01:11:48.020 --> 01:11:49.020] Criminal referral?
[01:11:49.020 --> 01:11:52.420] He already understands the basics of official oppression, I believe.
[01:11:52.420 --> 01:11:58.660] I tried to notify him.
[01:11:58.660 --> 01:11:59.660] But we're guys.
[01:11:59.660 --> 01:12:01.140] Guys don't listen to women.
[01:12:01.140 --> 01:12:05.540] So maybe he just ignored me from chauvinism.
[01:12:05.540 --> 01:12:11.940] So this isn't evil, this isn't a conspiracy, this is just chauvinism.
[01:12:11.940 --> 01:12:12.940] That's good.
[01:12:12.940 --> 01:12:18.540] No, I don't think it's just chauvinism, it's cognitive dissonance.
[01:12:18.540 --> 01:12:27.980] Excuse me, have y'all ever heard of the word or phrase criminal referral?
[01:12:27.980 --> 01:12:36.260] No, I've heard of civil referrals, but not criminal.
[01:12:36.260 --> 01:12:45.500] And besides, the attorney general, according to our constitution, does not have prosecutorial
[01:12:45.500 --> 01:12:46.500] power.
[01:12:46.500 --> 01:12:53.980] Now, we have some statutes that purport to give him prosecutorial power, like the Open
[01:12:53.980 --> 01:13:05.340] Records Act gives the attorney general original jurisdiction in a complaint against a district
[01:13:05.340 --> 01:13:10.940] or county attorney for a violation of the Open Records Act.
[01:13:10.940 --> 01:13:20.860] And then recently, they changed 3903 to give the attorney general concurrent jurisdiction
[01:13:20.860 --> 01:13:29.780] in the matter of an official oppression charge against a public official.
[01:13:29.780 --> 01:13:41.300] The problem is the state constitution specifies who are prosecutors, who can prosecute crime.
[01:13:41.300 --> 01:13:49.060] And the only two people in a county who can prosecute crime are the elected district attorney
[01:13:49.060 --> 01:13:52.780] and the elected county attorney.
[01:13:52.780 --> 01:13:56.380] Doesn't say anything about the attorney general.
[01:13:56.380 --> 01:13:59.420] What are we gonna do about this?
[01:13:59.420 --> 01:14:02.100] So is he right or is he wrong?
[01:14:02.100 --> 01:14:06.060] He's wrong.
[01:14:06.060 --> 01:14:10.860] Attorney general can't prosecute.
[01:14:10.860 --> 01:14:13.940] But the legislator just gave him the capability?
[01:14:13.940 --> 01:14:22.300] No, that's the constitution specifies who can prosecute and only two people can prosecute.
[01:14:22.300 --> 01:14:25.100] Elected county and elected district attorney.
[01:14:25.100 --> 01:14:32.500] If the constitutional framers had intended that an attorney general have prosecutorial
[01:14:32.500 --> 01:14:36.940] power, they would have given it to him, but they didn't.
[01:14:36.940 --> 01:14:40.940] So the legislature can't grant that to him either.
[01:14:40.940 --> 01:14:47.660] It has to be done because the constitution says who can prosecute.
[01:14:47.660 --> 01:14:51.060] That means nobody else can prosecute.
[01:14:51.060 --> 01:14:54.660] So who passed that law?
[01:14:54.660 --> 01:14:55.660] Why did they pass that law?
[01:14:55.660 --> 01:14:57.660] What are we going to do with that law?
[01:14:57.660 --> 01:14:59.980] That's not a law.
[01:14:59.980 --> 01:15:03.620] That is the constitution.
[01:15:03.620 --> 01:15:09.740] The one that they just wrote enabling the attorney general to have more authority.
[01:15:09.740 --> 01:15:15.180] That won't, somebody will raise a constitutional challenge.
[01:15:15.180 --> 01:15:17.020] That's all we have to do?
[01:15:17.020 --> 01:15:18.240] Yep.
[01:15:18.240 --> 01:15:20.620] You could file a petition for declaratory judgment.
[01:15:20.620 --> 01:15:21.900] Oh, cool.
[01:15:21.900 --> 01:15:22.900] Okay.
[01:15:22.900 --> 01:15:28.860] This has to be settled because these men are sitting down and acting as cowards and not
[01:15:28.860 --> 01:15:33.380] moving forward with official oppression charges because they're fearful.
[01:15:33.380 --> 01:15:40.460] And this needs to be settled immediately file what's the call declaratory judgment, declaratory
[01:15:40.460 --> 01:15:41.460] judgment.
[01:15:41.460 --> 01:15:45.660] Yes, the petition for declaratory judgment.
[01:15:45.660 --> 01:15:50.060] Every state has declaratory judgment act now.
[01:15:50.060 --> 01:15:54.740] And that lets you go in and ask a question of the court.
[01:15:54.740 --> 01:16:01.140] And you don't have to be harmed to do that because you're not asking for any kinds of
[01:16:01.140 --> 01:16:02.140] damages.
[01:16:02.140 --> 01:16:09.060] Do you have one of those documents on your website?
[01:16:09.060 --> 01:16:10.060] Yes.
[01:16:10.060 --> 01:16:15.220] I think it's incorporated into another document.
[01:16:15.220 --> 01:16:18.540] Send me an email, remind me to pull this out.
[01:16:18.540 --> 01:16:19.540] Oh, wait.
[01:16:19.540 --> 01:16:20.540] Yes.
[01:16:20.540 --> 01:16:21.540] My last filing.
[01:16:21.540 --> 01:16:22.540] Yeah.
[01:16:22.540 --> 01:16:23.540] My lawsuit's got it.
[01:16:23.540 --> 01:16:24.940] You what?
[01:16:24.940 --> 01:16:30.060] The lawsuit I just filed against Wise County, the $400 million lawsuit starts out with a
[01:16:30.060 --> 01:16:32.220] petition for declaratory judgment.
[01:16:32.220 --> 01:16:35.000] Oh, very good.
[01:16:35.000 --> 01:16:37.380] I couldn't find that.
[01:16:37.380 --> 01:16:40.740] It's in the civil practice and remedies code.
[01:16:40.740 --> 01:16:46.260] It's chapter 37, Texas civil practice and remedies code.
[01:16:46.260 --> 01:16:51.860] Randy, where is your Wise County document, the $400 million one?
[01:16:51.860 --> 01:17:00.300] It's on jurisimprudence.website, documents and research.
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[01:19:43.100 --> 01:20:01.500] Okay.
[01:20:01.500 --> 01:20:02.500] We are back.
[01:20:02.500 --> 01:20:08.460] Randy Kelton, Brett Fountain, Rude of Law Radio, and we're talking to Mary in Texas.
[01:20:08.460 --> 01:20:11.340] I wanted to say Tennessee for some reason.
[01:20:11.340 --> 01:20:13.540] Okay.
[01:20:13.540 --> 01:20:15.700] Where were we, Mary, when I run off?
[01:20:15.700 --> 01:20:18.700] You pushed me off the cliff.
[01:20:18.700 --> 01:20:21.700] She enticed you right over the edge.
[01:20:21.700 --> 01:20:22.700] Yeah.
[01:20:22.700 --> 01:20:27.460] I'm not going to waste any time here, guys.
[01:20:27.460 --> 01:20:28.460] Okay.
[01:20:28.460 --> 01:20:32.620] Walk me through a quick declaratory judgment petition process.
[01:20:32.620 --> 01:20:38.380] I go, I do my paperwork, I write the document, I send it how, I send it to who, how long
[01:20:38.380 --> 01:20:41.300] do I wait for a response?
[01:20:41.300 --> 01:20:44.340] It's a suit almost like any other.
[01:20:44.340 --> 01:20:50.560] You file suit, but instead of filing a civil petition, you file a declaratory judgment.
[01:20:50.560 --> 01:20:58.600] And in a declaratory judgment, you are simply asking the court to rule on point of law.
[01:20:58.600 --> 01:21:07.180] You say to the court, I believe I have a claim, but before I've filed a full-fledged lawsuit
[01:21:07.180 --> 01:21:13.520] and forced the other side to hire lawyers and respond, I need to make sure I actually
[01:21:13.520 --> 01:21:15.660] do have a claim.
[01:21:15.660 --> 01:21:20.340] And my claim is based on this particular law.
[01:21:20.340 --> 01:21:30.100] And you ask the court to rule on how this law applies in your circumstance.
[01:21:30.100 --> 01:21:32.100] Rights and your status.
[01:21:32.100 --> 01:21:35.420] Yes, that's what I was just going to say.
[01:21:35.420 --> 01:21:39.660] Does it have a lawsuit, a secondary primary lawsuit ready to go?
[01:21:39.660 --> 01:21:44.700] Or do I, can I just simply want to know this because it'll affect other cases?
[01:21:44.700 --> 01:21:47.740] Wait, I couldn't understand that.
[01:21:47.740 --> 01:21:49.860] You were kind of muffled.
[01:21:49.860 --> 01:21:55.940] Does that mean I have to have a primary lawsuit ready to go based on this declaratory judgment?
[01:21:55.940 --> 01:22:01.980] Which I do, but I'd rather have a declaratory judgment on its own.
[01:22:01.980 --> 01:22:06.040] Declaratory judgment stands on its own.
[01:22:06.040 --> 01:22:08.980] And that's the good thing about it.
[01:22:08.980 --> 01:22:17.200] Because if you bring a lawsuit and bring several claims, the judge will deny one claim and
[01:22:17.200 --> 01:22:22.100] dismiss your case and ignore all the rest.
[01:22:22.100 --> 01:22:27.500] So the key element that I need ruled in my favor.
[01:22:27.500 --> 01:22:31.900] I'm going to do that in a declaratory judgment.
[01:22:31.900 --> 01:22:38.740] I'll ask the court to rule singularly on this one isolated point of law and nothing else.
[01:22:38.740 --> 01:22:44.400] So he can't ignore the issue just because it's difficult.
[01:22:44.400 --> 01:22:53.860] Like asking the court, can a prosecuting attorney dismiss a prosecution?
[01:22:53.860 --> 01:23:00.500] It's easy enough.
[01:23:00.500 --> 01:23:08.020] Under law, and I just gave the county attorney and district attorney a brief that shows where
[01:23:08.020 --> 01:23:09.020] you can't.
[01:23:09.020 --> 01:23:13.500] Ooh, I want to read that.
[01:23:13.500 --> 01:23:16.020] And it's just really short.
[01:23:16.020 --> 01:23:29.420] What it says is that in the law, a magistrate and a trial judge is authorized to make judicial
[01:23:29.420 --> 01:23:31.580] determinations.
[01:23:31.580 --> 01:23:35.120] The prosecuting attorney is not a member of the judiciary.
[01:23:35.120 --> 01:23:37.940] He's a member of the executive.
[01:23:37.940 --> 01:23:41.500] He's simply a lawyer hired to represent the state.
[01:23:41.500 --> 01:23:45.060] He's not a judicial officer.
[01:23:45.060 --> 01:23:53.500] And these codes as written in Texas have been honed for the last 150 years.
[01:23:53.500 --> 01:24:00.900] There are a derivative of the federal laws, which have been honed for 245 years.
[01:24:00.900 --> 01:24:09.380] And they are a derivative of the English law, which have been honed for the last 800 years.
[01:24:09.380 --> 01:24:17.720] So these very specific procedures in law must be followed.
[01:24:17.720 --> 01:24:25.620] It's taken us a long time to get all the laws in the right places, to make the law as just
[01:24:25.620 --> 01:24:27.540] as it possibly can be.
[01:24:27.540 --> 01:24:35.980] We can't have a prosecuting attorney impersonating a judicial officer and making a judicial determination
[01:24:35.980 --> 01:24:44.940] on a prosecution, it's unconstitutional.
[01:24:44.940 --> 01:24:48.980] That would be perfect for a declaratory judgment suit.
[01:24:48.980 --> 01:24:58.700] And if the judge says, according to state law, according to constitution and law, a
[01:24:58.700 --> 01:25:04.140] prosecuting attorney has no power to dismiss the prosecution.
[01:25:04.140 --> 01:25:09.260] What does that do to every prosecutor in the state?
[01:25:09.260 --> 01:25:10.660] It hamstrings them.
[01:25:10.660 --> 01:25:17.100] This is what we need, this is what we need to do.
[01:25:17.100 --> 01:25:19.940] This is what I'm doing to the prosecutor right now.
[01:25:19.940 --> 01:25:26.060] But it would be a perfect thing for declaratory judgment and another advantage to declaratory
[01:25:26.060 --> 01:25:28.700] judgment.
[01:25:28.700 --> 01:25:33.520] It's relatively new and nobody has a clue.
[01:25:33.520 --> 01:25:38.540] I have yet to see a judge or a prosecuting attorney who even knew what a declaratory
[01:25:38.540 --> 01:25:41.660] judgment suit was.
[01:25:41.660 --> 01:25:52.380] I filed a declaratory judgment suit in a foreclosure issue where Wells Fargo Bank was the one doing
[01:25:52.380 --> 01:25:55.740] the foreclosure.
[01:25:55.740 --> 01:26:03.200] And I don't even remember what the issue I was trying to get the judge to rule on was.
[01:26:03.200 --> 01:26:11.340] The Locklord attorney for Wells Fargo, Locklord's one of the biggest law firms in the country,
[01:26:11.340 --> 01:26:15.820] asked the judge to dismiss the case under Rule 12B6 for failure to state a claim on
[01:26:15.820 --> 01:26:20.020] which a cover can be had.
[01:26:20.020 --> 01:26:24.440] Declaratory judgment suits don't have claims.
[01:26:24.440 --> 01:26:30.900] They cannot have a claim, if it has a claim, then it's not a declaratory judgment suit.
[01:26:30.900 --> 01:26:35.420] Do you think he really didn't know, for real, honestly didn't know, or do you think he was
[01:26:35.420 --> 01:26:40.260] just trying to see if he could get away with doing that?
[01:26:40.260 --> 01:26:49.580] I'm not sure, but that was so dumb that I ran down to the court immediately and non-suited.
[01:26:49.580 --> 01:26:58.620] Because he also said that the issue dismissed the case because Wells Fargo was not the lender.
[01:26:58.620 --> 01:27:00.220] Wells Fargo is not the lender.
[01:27:00.220 --> 01:27:03.180] Wells Fargo was the servicer.
[01:27:03.180 --> 01:27:09.180] But in that capacity, Wells Fargo stood in the shoes of the lender.
[01:27:09.180 --> 01:27:13.900] So what do you do when the other side makes a major mistake?
[01:27:13.900 --> 01:27:15.540] Seal it.
[01:27:15.540 --> 01:27:18.700] Seal it by running down and non-suiting the case.
[01:27:18.700 --> 01:27:22.220] Oh my goodness, my bad.
[01:27:22.220 --> 01:27:28.380] I thought that Wells Fargo, being the servicer, stood in the shoes of the lender.
[01:27:28.380 --> 01:27:32.980] But apparently, according to this lawyer, he doesn't.
[01:27:32.980 --> 01:27:38.940] So I sued the wrong party, non-suit.
[01:27:38.940 --> 01:27:45.060] Same day I non-suited, Judge McBride dismissed my case with prejudice for failure to state
[01:27:45.060 --> 01:27:47.340] a claim.
[01:27:47.340 --> 01:27:53.420] Mary, he's a federal judge.
[01:27:53.420 --> 01:27:55.700] He was in his 90s.
[01:27:55.700 --> 01:27:57.820] He should have known better.
[01:27:57.820 --> 01:28:02.100] But he didn't know what a declaratory judgment suit was.
[01:28:02.100 --> 01:28:05.440] He dismissed it for failure to state a claim.
[01:28:05.440 --> 01:28:07.020] They don't have claims.
[01:28:07.020 --> 01:28:10.260] So what do you do when the judge does something like that?
[01:28:10.260 --> 01:28:15.620] Well, you run down a special agent in charge of the FBI and you file criminal charges against
[01:28:15.620 --> 01:28:17.100] the judge.
[01:28:17.100 --> 01:28:21.580] Oh, that was a hoot.
[01:28:21.580 --> 01:28:26.540] I've had three other people file that same declaratory judgment suit.
[01:28:26.540 --> 01:28:31.900] And McBride did not dismiss one of them.
[01:28:31.900 --> 01:28:36.980] It's so rare, it's so unusual, they don't know how to handle it.
[01:28:36.980 --> 01:28:44.540] And when the Locklord attorney didn't address the issue, but asked him to dismiss under
[01:28:44.540 --> 01:28:50.440] Rule 12 for failure to state a claim, he waived the issue.
[01:28:50.440 --> 01:28:57.380] But because he said something stupid, that went to collateral estoppel.
[01:28:57.380 --> 01:29:05.640] Under collateral estoppel, if you go into one court anywhere in the country and you
[01:29:05.640 --> 01:29:13.740] make a statement of fact and take a specific position, you cannot ever go into another
[01:29:13.740 --> 01:29:20.460] court addressing the same issues and take an opposed position.
[01:29:20.460 --> 01:29:27.180] So he said Wells Fargo was not the lender.
[01:29:27.180 --> 01:29:34.900] They can never go into court now and say they are the lender, even if they are.
[01:29:34.900 --> 01:29:45.180] He is collaterally estopped, and that's why I dismissed to get them collaterally estopped.
[01:29:45.180 --> 01:29:47.820] But they don't know what the declaratory judgment is.
[01:29:47.820 --> 01:29:51.300] Tina filed declaratory judgment in California and I told them they're not going to know
[01:29:51.300 --> 01:29:52.300] what it is.
[01:29:52.300 --> 01:29:53.300] They had no...
[01:29:53.300 --> 01:29:56.940] It's just about to be sponsor-ly estopped.
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[01:30:16.460 --> 01:30:18.180] Privacy is under attack.
[01:30:18.180 --> 01:30:21.780] When you give up data about yourself, you'll never get it back again.
[01:30:21.780 --> 01:30:26.780] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.780 --> 01:30:31.940] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.940 --> 01:30:34.540] Privacy, it's worth hanging on to.
[01:30:34.540 --> 01:30:40.180] This message is brought to you by StartPage.com, the private search engine alternative to Google,
[01:30:40.180 --> 01:30:41.900] Yahoo, and Bing.
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[01:30:45.980 --> 01:30:49.940] Governments love power, so it's only natural they'd want to control the power going into
[01:30:49.940 --> 01:30:52.500] your home too with a smart grid.
[01:30:52.500 --> 01:30:56.940] So they're installing a national network of smart meters to remotely monitor electric
[01:30:56.940 --> 01:30:59.860] use for efficiency and avoid grid failure.
[01:30:59.860 --> 01:31:04.540] But cybersecurity expert David Chalk says, not so fast, if we make the national power
[01:31:04.540 --> 01:31:08.780] grid controllable through the web, hackers will have a field day.
[01:31:08.780 --> 01:31:13.840] Working remotely, they could tap in and blackout the entire nation, leaving us vulnerable to
[01:31:13.840 --> 01:31:14.840] our enemies.
[01:31:14.840 --> 01:31:20.400] I've long opposed smart meters for privacy and health reasons, but catastrophic failures
[01:31:20.400 --> 01:31:23.540] caused by hackers, there's nothing smart about that.
[01:31:23.540 --> 01:31:31.540] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.540 --> 01:31:36.920] This is building seven, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.920 --> 01:31:39.220] The government says that fire brought it down.
[01:31:39.220 --> 01:31:43.980] However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.980 --> 01:31:46.660] Over 6,000 of my fellow service members have given their lives.
[01:31:46.660 --> 01:31:49.420] Thousands of my fellow first responders are dying.
[01:31:49.420 --> 01:31:50.740] I'm not a conspiracy theorist.
[01:31:50.740 --> 01:31:51.740] I'm a structural engineer.
[01:31:51.740 --> 01:31:53.260] I'm a New York City correction officer.
[01:31:53.260 --> 01:31:54.260] I'm an Air Force pilot.
[01:31:54.260 --> 01:31:55.900] I'm a father who lost his son.
[01:31:55.900 --> 01:31:58.540] We're Americans, and we deserve the truth.
[01:31:58.540 --> 01:32:03.100] Go to rememberbuilding7.org today.
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[01:32:05.860 --> 01:32:09.460] In today's America, we live in an us against them society, and if we the people are ever
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[01:33:00.940 --> 01:33:17.580] You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:17.580 --> 01:33:36.500] I see tools, the ever done, the ever beens, and those with you.
[01:33:36.500 --> 01:33:37.500] I see tools of ingenuity, the use against the workers of iniquity.
[01:33:37.500 --> 01:33:38.500] Tools of massive capability, available for all eternity.
[01:33:38.500 --> 01:33:39.500] They come from natural divinity, with steadfast roots and authenticity.
[01:33:39.500 --> 01:33:49.260] I see tools to regain dignity, rebuild the crime divinity.
[01:33:49.260 --> 01:33:54.940] And I say, truth and nature must be just as I believe.
[01:33:54.940 --> 01:34:01.540] Okay, we are back, Brandy Kelton, Brett Fountain, Rule of Law Radio, and we were talking, no,
[01:34:01.540 --> 01:34:03.540] there she is, talking to Mary.
[01:34:03.540 --> 01:34:05.340] Mary, we do need to move along.
[01:34:05.340 --> 01:34:10.220] We've got two segments and three callers.
[01:34:10.220 --> 01:34:11.220] What else?
[01:34:11.220 --> 01:34:16.100] If I'm doing the declaratory judgment petition, what's the lowest court I go to, or what's
[01:34:16.100 --> 01:34:20.620] the highest court I can go to, where do I have to start, which court?
[01:34:20.620 --> 01:34:27.020] You can file in a state declaratory judgment in Texas, you can file it in the county or
[01:34:27.020 --> 01:34:28.020] district.
[01:34:28.020 --> 01:34:29.020] All right, thank you.
[01:34:29.020 --> 01:34:31.920] Y'all have a good night.
[01:34:31.920 --> 01:34:32.920] Thank you, Mary.
[01:34:32.920 --> 01:34:41.780] Okay, now we're gonna go to Sarah in USA, 410 area code.
[01:34:41.780 --> 01:34:44.540] What's 410 area code, Sarah?
[01:34:44.540 --> 01:34:50.900] Well, she's in that protection program, so we just-
[01:34:50.900 --> 01:34:52.380] Oh, okay, okay.
[01:34:52.380 --> 01:34:53.380] So whatever it is.
[01:34:53.380 --> 01:34:54.380] It's in the USA.
[01:34:54.380 --> 01:34:55.380] It's USA, okay.
[01:34:55.380 --> 01:34:56.380] Yeah, thank you, Brett.
[01:34:56.380 --> 01:35:04.260] Well, I mean, I guess I can say what state I'm in, in case you need to look something
[01:35:04.260 --> 01:35:05.260] up.
[01:35:05.260 --> 01:35:06.260] Okay.
[01:35:06.260 --> 01:35:12.160] Okay, Sarah, the only reason we ask for a state is when you're asking questions that
[01:35:12.160 --> 01:35:18.100] go to state law, so we know the law, but other than that, we don't care about it.
[01:35:18.100 --> 01:35:21.820] The state is Idaho.
[01:35:21.820 --> 01:35:28.820] I am dealing with a, Brett knows a little background, maybe a little bit more than little.
[01:35:28.820 --> 01:35:32.860] I want to be conscious of your time, so I'm trying to figure out how to pass the question.
[01:35:32.860 --> 01:35:38.560] I'm dealing with a now three-year custody case.
[01:35:38.560 --> 01:35:45.340] My ex has taken me to court numerous times, this round of litigation has been going on.
[01:35:45.340 --> 01:35:47.260] Okay, wait, wait, hold on, hold on.
[01:35:47.260 --> 01:35:49.260] We've got two segments.
[01:35:49.260 --> 01:35:52.780] Brett, can you give us the short course?
[01:35:52.780 --> 01:36:00.580] No, I'm saying that, Sarah, because you're too involved in this and you'll move from
[01:36:00.580 --> 01:36:05.340] one high point to the other and Brett's more experienced in the legal side, he can get
[01:36:05.340 --> 01:36:07.340] us there more quickly.
[01:36:07.340 --> 01:36:08.740] Okay, let me-
[01:36:08.740 --> 01:36:09.940] Well, there was a hearing-
[01:36:09.940 --> 01:36:13.940] Brett, yeah, go ahead.
[01:36:13.940 --> 01:36:22.060] There was a hearing recently where the judge in the family court was trying to decide whether
[01:36:22.060 --> 01:36:28.200] or not to change an existing standing final order.
[01:36:28.200 --> 01:36:36.960] So Sarah here has custody of their offspring, but she's also in a protection program because
[01:36:36.960 --> 01:36:45.380] her ex is an abuser and she needs to be protected from him and as does the offspring.
[01:36:45.380 --> 01:36:54.500] Well, the accusation that was trying to open this back up again was saying that the child
[01:36:54.500 --> 01:37:03.340] was in some sort of imminent danger and there was some emergency issue that needed, the
[01:37:03.340 --> 01:37:06.700] child was, it was a hazardous situation for the child.
[01:37:06.700 --> 01:37:12.660] But they provided no proof, no evidence, just a whole lot of talking and a lot of discovery,
[01:37:12.660 --> 01:37:20.100] a very abusive multiple rounds of discovery and came up with nothing.
[01:37:20.100 --> 01:37:27.980] And so right now, that whole hearing, three brutal days of hearing was declared a mistrial
[01:37:27.980 --> 01:37:33.940] because the court had some messed up audio situation and so they don't have any records
[01:37:33.940 --> 01:37:35.500] of this.
[01:37:35.500 --> 01:37:38.580] And they're saying it's a mistrial and now we're gonna need to do this again, but let's
[01:37:38.580 --> 01:37:42.980] do some temporary orders, says the opposing counsel.
[01:37:42.980 --> 01:37:48.940] Let's take away the child just for the child's safety in the meantime.
[01:37:48.940 --> 01:37:56.420] The child's not in any danger, but they wanna take away the child, temporary orders.
[01:37:56.420 --> 01:38:01.380] Is that just about where we are, Sarah, does that pretty much cover it?
[01:38:01.380 --> 01:38:06.540] Yeah, yeah, yeah, that's the gist, yeah, we had a three-day trial in August, it was declared
[01:38:06.540 --> 01:38:12.660] a mistrial as of today at 4.15, the order came across.
[01:38:12.660 --> 01:38:18.300] We had a hearing this past, we had a hearing, today's Friday, we had a hearing two days
[01:38:18.300 --> 01:38:22.860] ago on Wednesday, temporary orders were issued.
[01:38:22.860 --> 01:38:27.500] I will say that this whole lawsuit has no proof, they've never provided proof.
[01:38:27.500 --> 01:38:34.800] Wait, wait, wait, wait, don't go back into all the details, we won't be able to get anywhere.
[01:38:34.800 --> 01:38:41.300] You have an order here, someone came to the judge, imagine you're sitting in the judge's
[01:38:41.300 --> 01:38:45.380] chair and you don't know these people.
[01:38:45.380 --> 01:38:53.580] The wife has custody, the concerned husband comes to the court and says, my child's in
[01:38:53.580 --> 01:38:56.260] danger.
[01:38:56.260 --> 01:39:02.580] Now you're the wife, you know that's all horse manure, but he's the judge and he doesn't.
[01:39:02.580 --> 01:39:11.140] So if you're going to make an error, which error would you make when you don't have all
[01:39:11.140 --> 01:39:14.780] the information in front of you?
[01:39:14.780 --> 01:39:21.820] If I'm the judge, I will always err on the side of safety.
[01:39:21.820 --> 01:39:32.580] Is there any evidence before this judge that indicates that the father is a danger to the
[01:39:32.580 --> 01:39:33.580] child?
[01:39:33.580 --> 01:39:34.580] No.
[01:39:34.580 --> 01:39:40.700] So basically, so to catch up, so that-
[01:39:40.700 --> 01:39:46.300] No, don't go into it, you'll drop down into that story, I'm the judge-
[01:39:46.300 --> 01:39:50.740] Actually there is, there's a sworn criminal complaint.
[01:39:50.740 --> 01:39:55.900] It wasn't really handled, it doesn't seem like, but it's there in front of him.
[01:39:55.900 --> 01:40:04.640] He ends up, Randy, he ends up that this same judge is the only magistrate.
[01:40:04.640 --> 01:40:11.060] So he ended up also having not only presiding over this case, but also being the only one
[01:40:11.060 --> 01:40:14.380] who could receive a criminal complaint.
[01:40:14.380 --> 01:40:19.080] And so he does actually have that evidence in front of him, sworn affidavit.
[01:40:19.080 --> 01:40:27.380] Was the nature of the criminal complaint such that it indicated danger to the child?
[01:40:27.380 --> 01:40:32.640] It didn't talk about danger to child, but it was of such a violent and egregious nature
[01:40:32.640 --> 01:40:36.580] that I would say absolutely.
[01:40:36.580 --> 01:40:44.860] This should get interlocutory appeal.
[01:40:44.860 --> 01:40:52.260] Was the child given, did the temporary orders give the child back to the father?
[01:40:52.260 --> 01:40:53.260] Only for a weekend, right?
[01:40:53.260 --> 01:40:54.260] Or four days or something?
[01:40:54.260 --> 01:40:55.260] Wow.
[01:40:55.260 --> 01:40:56.260] That's bad enough.
[01:40:56.260 --> 01:41:01.060] How long does it take to disappear?
[01:41:01.060 --> 01:41:02.540] And he's out of state already.
[01:41:02.540 --> 01:41:06.460] Yes, he was out of state.
[01:41:06.460 --> 01:41:14.020] Yeah, he went from three hours, partially supervised visits, to straight four days and
[01:41:14.020 --> 01:41:16.660] three overnights cold turkey with no contacts with me.
[01:41:16.660 --> 01:41:21.700] And the child has been with me 24-7 since the first.
[01:41:21.700 --> 01:41:34.220] Okay, I'm going to say interlocutory is not emergency restraining order.
[01:41:34.220 --> 01:41:38.060] Petition the court of appeals for an emergency restraining order.
[01:41:38.060 --> 01:41:48.820] If you make the case to the court of appeals that placing this child with him, is there
[01:41:48.820 --> 01:41:58.900] any indication that he was ever abusive to the child?
[01:41:58.900 --> 01:42:00.540] He's never had the child.
[01:42:00.540 --> 01:42:03.540] Well, yeah, he's really never had the child.
[01:42:03.540 --> 01:42:04.540] Yeah.
[01:42:04.540 --> 01:42:05.540] No, you can't say it that way.
[01:42:05.540 --> 01:42:09.780] I'm the judge here, you can't say, you have to answer my question.
[01:42:09.780 --> 01:42:16.740] I'm going to say, is there any indication he's ever been abusive to this child?
[01:42:16.740 --> 01:42:18.980] No.
[01:42:18.980 --> 01:42:25.980] Now, they've come with indication that you're a danger to the child, and there's no indication
[01:42:25.980 --> 01:42:28.340] that he's ever been a danger to the child.
[01:42:28.340 --> 01:42:33.980] If you're the judge, what are you going to do?
[01:42:33.980 --> 01:42:38.940] You're going to leave him with a person who's accused of being a danger?
[01:42:38.940 --> 01:42:45.100] Or give him to the one that's not been accused of being a danger?
[01:42:45.100 --> 01:42:49.480] You have to show why he's a danger to the child.
[01:42:49.480 --> 01:42:52.780] If I was the judge, I'd give him to the father.
[01:42:52.780 --> 01:42:58.460] Well, as of right now, the temporary orders, I still-
[01:42:58.460 --> 01:42:59.460] As of right now-
[01:42:59.460 --> 01:43:02.140] Wait, wait, wait, wait, this is child abuse.
[01:43:02.140 --> 01:43:03.140] I can tell.
[01:43:03.140 --> 01:43:05.460] This is son father.
[01:43:05.460 --> 01:43:11.700] That baby has been deprived of chocolate.
[01:43:11.700 --> 01:43:19.220] I know chocolate deficiency when I hear it.
[01:43:19.220 --> 01:43:22.060] My kids never find me as funny as I do.
[01:43:22.060 --> 01:43:30.460] Anyway, okay, I'm sitting here as a neutral party, I don't know any of you guys, and this
[01:43:30.460 --> 01:43:32.100] is what he would have to deal with.
[01:43:32.100 --> 01:43:35.100] I would have made the same decision the judge made.
[01:43:35.100 --> 01:43:42.300] So you have to give the judge a reason to make a different decision.
[01:43:42.300 --> 01:43:43.300] What do you have?
[01:43:43.300 --> 01:43:44.300] Okay.
[01:43:44.300 --> 01:43:51.380] Well, I believe I'm going to appeal these temporary orders based on a list I have made,
[01:43:51.380 --> 01:44:00.700] and I put it in the telegra- Well, I took my list for the appeal.
[01:44:00.700 --> 01:44:05.300] Through advances in technology, our lives have greatly improved, except in the area
[01:44:05.300 --> 01:44:06.700] of nutrition.
[01:44:06.700 --> 01:44:11.420] People feed their pets better than they feed themselves, and it's time we changed all that.
[01:44:11.420 --> 01:44:17.140] Our primary defense against aging and disease in this toxic environment is good nutrition.
[01:44:17.140 --> 01:44:23.480] In a world where natural foods have been irradiated, adulterated, and mutilated, longevity can
[01:44:23.480 --> 01:44:25.740] provide the nutrients you need.
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[01:46:24.700 --> 01:46:50.540] The
[01:46:50.540 --> 01:46:54.540] people come down from the hills.
[01:46:54.540 --> 01:47:15.260] Into the city they will shuffle, many long nights, many strong thrills, land of comfort,
[01:47:15.260 --> 01:47:18.260] band of scuffle.
[01:47:18.260 --> 01:47:32.020] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:47:32.020 --> 01:47:41.460] And over the break, Brett gave me some details that we won't talk about on the air, but it
[01:47:41.460 --> 01:47:45.500] appears as though this is a slap suit.
[01:47:45.500 --> 01:47:52.980] Sarah, are you familiar with what a slap suit is?
[01:47:52.980 --> 01:47:58.540] I am not, but I can guess, punishment, like payback, is that-
[01:47:58.540 --> 01:47:59.540] No, no.
[01:47:59.540 --> 01:48:10.540] A slap suit was designed to stop people from suing reporters for reporting stuff that they
[01:48:10.540 --> 01:48:12.620] didn't like.
[01:48:12.620 --> 01:48:18.260] They would accuse them of reliable slander when the accusation was frivolous, but it
[01:48:18.260 --> 01:48:28.260] was designed to stop these people from saying or producing some evidence that would be embarrassing
[01:48:28.260 --> 01:48:32.180] for them or damaging to them.
[01:48:32.180 --> 01:48:41.540] They filed this frivolous suit just to bind them up in court until whatever evidence they
[01:48:41.540 --> 01:48:47.740] have would no longer be timely, and they call that a slap suit, but they've extended it
[01:48:47.740 --> 01:48:56.020] to any time somebody files a lawsuit for the purpose of preventing someone else from doing
[01:48:56.020 --> 01:48:57.980] something that's legal.
[01:48:57.980 --> 01:49:06.140] They call that a slap suit, it's generally expedited, so it goes very quickly, and you
[01:49:06.140 --> 01:49:11.020] can claim all kinds of stuff against them if they determine it's a slap suit.
[01:49:11.020 --> 01:49:19.060] But from what I heard on the break, this is a slap suit.
[01:49:19.060 --> 01:49:26.020] And I apologize to all my listeners, we don't like having to hide details, but it really
[01:49:26.020 --> 01:49:35.840] is important that we are careful of what we say here, and this is really serious.
[01:49:35.840 --> 01:49:42.620] So when you get off here, look up slap suit, and better look it up and you can talk to
[01:49:42.620 --> 01:49:53.860] it and you can file an appeal and ask for an emergency restraining order.
[01:49:53.860 --> 01:50:01.420] And file your appeal in the form of an alleged that this action is a slap suit.
[01:50:01.420 --> 01:50:06.140] Okay, that's very helpful, thank you.
[01:50:06.140 --> 01:50:08.540] Give you some nice research.
[01:50:08.540 --> 01:50:11.300] Okay, thank you, Sarah.
[01:50:11.300 --> 01:50:12.300] Thank you.
[01:50:12.300 --> 01:50:15.300] Yeah, thank you, Randy and Brett.
[01:50:15.300 --> 01:50:18.340] Okay, now we're going to Jane in Texas.
[01:50:18.340 --> 01:50:24.380] Okay, Jane, give us your whole story in two sentences.
[01:50:24.380 --> 01:50:29.020] Okay, okay, okay, okay, three.
[01:50:29.020 --> 01:50:34.380] Okay, I didn't know you were German.
[01:50:34.380 --> 01:50:53.900] Okay, so the rules of discovery and relating to like a request for admission, it seems
[01:50:53.900 --> 01:50:57.940] that has changed in 2021, correct?
[01:50:57.940 --> 01:51:06.540] Yes, some things that were you'd have to ask for before became required disclosure, sort
[01:51:06.540 --> 01:51:08.340] of an automatic thing.
[01:51:08.340 --> 01:51:17.340] Okay, so then, but I'm don't know if I filed my request for admission in the correct timeframe
[01:51:17.340 --> 01:51:27.100] of my in order to have it be valid, because the trial date is not set until 2023.
[01:51:27.100 --> 01:51:32.860] And I was reading on the new stuff on this discovery and it seems like you have to file
[01:51:32.860 --> 01:51:38.700] it within 30 days before the trial, is that correct?
[01:51:38.700 --> 01:51:43.780] The 30 days before the trial, I believe that's the end of the trial period, the discovery
[01:51:43.780 --> 01:51:46.860] period, not the beginning.
[01:51:46.860 --> 01:51:53.380] Exactly, normally, you file discovery with your suit.
[01:51:53.380 --> 01:51:54.700] I never filed that.
[01:51:54.700 --> 01:52:05.520] No, no, what I'm saying is you can, but you have to give the other side time to respond.
[01:52:05.520 --> 01:52:12.640] So they're saying after 30 days before trial is too late, you send them a request for discovery
[01:52:12.640 --> 01:52:17.500] and they don't have time to get it to you before trial.
[01:52:17.500 --> 01:52:23.500] So you can ask for it as early as you want to, but you can't do it just before trial.
[01:52:23.500 --> 01:52:28.660] So that wasn't a limitation on discovery, just a limitation on how late you could ask
[01:52:28.660 --> 01:52:29.660] for it.
[01:52:29.660 --> 01:52:30.660] That's the end of it.
[01:52:30.660 --> 01:52:35.900] I've been asked for it on September 27th and they've not responded, so I suspect that they're
[01:52:35.900 --> 01:52:36.900] all deemed...
[01:52:36.900 --> 01:52:40.900] Wait, wait, wait, wait, wait, your first part of that sentence we didn't get.
[01:52:40.900 --> 01:52:48.940] I've requested that for the admissions on September 27th, it's, well, no, it's September,
[01:52:48.940 --> 01:52:50.860] no, or August 27th.
[01:52:50.860 --> 01:52:55.180] It doesn't matter as long as it was not 30 days before trial.
[01:52:55.180 --> 01:53:05.860] So what discovery does is this is supposed to be a civil suit and we're supposed to be
[01:53:05.860 --> 01:53:08.380] civil with each other.
[01:53:08.380 --> 01:53:15.380] So you ask the other guy for information that only he has access to and ask him to provide
[01:53:15.380 --> 01:53:16.580] it to you.
[01:53:16.580 --> 01:53:22.380] He asks you to provide information only you have to him.
[01:53:22.380 --> 01:53:27.920] Now, if he has equal access to some information, he can't ask you to produce it.
[01:53:27.920 --> 01:53:30.980] So he has to only ask you for what you have.
[01:53:30.980 --> 01:53:38.940] Then if you object to producing it, then he has to go to the court and ask the court to
[01:53:38.940 --> 01:53:45.140] make his argument as to why he needs it and the court has to order you to produce it.
[01:53:45.140 --> 01:53:54.580] Now it is standard in all litigation that whatever they ask you for, you refuse.
[01:53:54.580 --> 01:54:00.440] Whatever they ask you for admissions, you deny.
[01:54:00.440 --> 01:54:08.700] And then anything you actually get, you'll have to go to the court and ask the court
[01:54:08.700 --> 01:54:12.560] to order them to produce whatever you want.
[01:54:12.560 --> 01:54:16.900] It's just kind of standard the way all lawyers do it.
[01:54:16.900 --> 01:54:18.440] It's time consuming.
[01:54:18.440 --> 01:54:19.980] So you've got to start early.
[01:54:19.980 --> 01:54:20.980] You can't start late.
[01:54:20.980 --> 01:54:24.540] No, except for the fact that they should have already answered.
[01:54:24.540 --> 01:54:30.360] It's been way past the 30 days and they, to me, the Court of the Rule says deemed admitted
[01:54:30.360 --> 01:54:33.420] whenever they did not even respond.
[01:54:33.420 --> 01:54:45.420] If their admissions taken, if you take their admissions as if they're on the record and
[01:54:45.420 --> 01:54:52.820] those admissions would give you an absolute ruling in your favor, you can ask for summary
[01:54:52.820 --> 01:54:53.820] judgment.
[01:54:53.820 --> 01:54:54.820] Okay.
[01:54:54.820 --> 01:54:57.540] Well, they did it before I did.
[01:54:57.540 --> 01:55:02.500] They already asked that 98 page request or so many just got that.
[01:55:02.500 --> 01:55:04.220] That don't help them any.
[01:55:04.220 --> 01:55:07.180] You file your own motion for summary judgment.
[01:55:07.180 --> 01:55:08.660] Okay.
[01:55:08.660 --> 01:55:13.020] And then the judge will look at it and you got to know the judge sees this stuff all
[01:55:13.020 --> 01:55:15.020] the time.
[01:55:15.020 --> 01:55:21.900] There's not anything that happened that's happening here the judge hasn't seen 100 times.
[01:55:21.900 --> 01:55:29.940] And they get pretty good at figuring out who's full of crapola and who's not.
[01:55:29.940 --> 01:55:32.900] And they get good at this and it gets hard to snooker them.
[01:55:32.900 --> 01:55:38.140] So you have to be real careful how you deal with the judge because if he thinks you're
[01:55:38.140 --> 01:55:41.980] trying to pull a fast one on him, he's going to clobber you.
[01:55:41.980 --> 01:55:50.660] So you have to be civil and always appear to be the good guy.
[01:55:50.660 --> 01:55:58.200] Give them everything they want and if they don't respond properly, then you move for
[01:55:58.200 --> 01:55:59.660] summary judgment.
[01:55:59.660 --> 01:56:01.940] If they move for summary judgment, you don't care.
[01:56:01.940 --> 01:56:03.460] You can do the same thing.
[01:56:03.460 --> 01:56:04.460] Okay.
[01:56:04.460 --> 01:56:11.820] Well, I heard back from the district court today, they're not going to branch my request
[01:56:11.820 --> 01:56:13.700] for protection order with all the evidence.
[01:56:13.700 --> 01:56:15.620] I sent them all the videos and everything.
[01:56:15.620 --> 01:56:19.980] So it seems like in Texas, you can get away with harassing somebody on their property
[01:56:19.980 --> 01:56:22.500] without any consequences.
[01:56:22.500 --> 01:56:28.900] Well, one thing you have to expect, you're never going to get all you want ever.
[01:56:28.900 --> 01:56:31.780] It's just the way it is.
[01:56:31.780 --> 01:56:42.500] I had a friend of mine who was an attorney and he got an offer to sit as a judge in family
[01:56:42.500 --> 01:56:45.500] law.
[01:56:45.500 --> 01:56:51.380] And I talked to him about that and I said, man, family law, that has got to be hard.
[01:56:51.380 --> 01:56:56.620] If you're doing your job well, nobody's going to be happy with you.
[01:56:56.620 --> 01:56:57.620] Right.
[01:56:57.620 --> 01:57:03.360] And he wound up not taking it.
[01:57:03.360 --> 01:57:05.620] So being a judge is hard.
[01:57:05.620 --> 01:57:06.620] Somebody's going to be unhappy.
[01:57:06.620 --> 01:57:07.620] Right.
[01:57:07.620 --> 01:57:11.280] That just, it goes with the territory.
[01:57:11.280 --> 01:57:14.380] So nobody's going to get everything they want.
[01:57:14.380 --> 01:57:17.620] So the judge has kind of got to walk this line in the middle.
[01:57:17.620 --> 01:57:18.620] Right.
[01:57:18.620 --> 01:57:25.180] Well, they've already got about $12,000 in attorney's fees, so she does, and so she's
[01:57:25.180 --> 01:57:32.980] not going to stop, but she's the one who started the fight and she's going to get it too.
[01:57:32.980 --> 01:57:34.460] Have you bar grieved her attorney?
[01:57:34.460 --> 01:57:36.260] Oh my gosh.
[01:57:36.260 --> 01:57:39.060] He's not even on the thing anymore.
[01:57:39.060 --> 01:57:42.660] He's actually just sent the thing.
[01:57:42.660 --> 01:57:50.500] There's a really nice looking lady that's over in Fort Worth that signed on also now.
[01:57:50.500 --> 01:57:51.500] A young lady.
[01:57:51.500 --> 01:57:55.980] Poor girl, she doesn't know what they're sticking her in there for.
[01:57:55.980 --> 01:57:59.940] I know, and I really hate to bar grieve her.
[01:57:59.940 --> 01:58:04.380] She's a sweet girl and she's young and she's probably been doing this about seven or eight
[01:58:04.380 --> 01:58:09.500] years, but still, I don't know why she signed up with those three, but you know.
[01:58:09.500 --> 01:58:13.180] You might tell her, you might not want to be here.
[01:58:13.180 --> 01:58:15.700] I'm going to bar grieve you into the stone age.
[01:58:15.700 --> 01:58:20.740] So I can contact her and tell her something like that?
[01:58:20.740 --> 01:58:28.540] You're a pro se, you're not forbidden to talk to anybody.
[01:58:28.540 --> 01:58:29.540] That's their problem.
[01:58:29.540 --> 01:58:36.260] Anybody that tends to pursue this lawless, help this client commit fraud is going to
[01:58:36.260 --> 01:58:39.020] end up in trouble.
[01:58:39.020 --> 01:58:41.020] Oh my goodness, we're out of time.
[01:58:41.020 --> 01:58:42.020] Yeah.
[01:58:42.020 --> 01:58:45.180] No, no, we're out of time.
[01:58:45.180 --> 01:58:47.700] Randy Kelton, Brett Fountain, Roovelaw Radio.
[01:58:47.700 --> 01:58:50.700] Thank you for listening.
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