ROL_2022-01-07_16k_Hr3-4.timecode
[00:00.000 --> 00:05.800] The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.800 --> 00:09.480] They guarantee the specific freedoms Americans should know and protect.
[00:09.480 --> 00:10.920] Our liberty depends on it.
[00:10.920 --> 00:14.880] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.880 --> 00:16.980] your First Amendment rights.
[00:16.980 --> 00:18.580] Privacy is under attack.
[00:18.580 --> 00:22.180] When you give up data about yourself, you'll never get it back again.
[00:22.180 --> 00:26.960] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.960 --> 00:32.040] So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.040 --> 00:33.040] Privacy.
[00:33.040 --> 00:34.720] It's worth hanging on to.
[00:34.720 --> 00:39.000] This public service announcement is brought to you by Startpage.com, the private search
[00:39.000 --> 00:42.560] engine alternative to Google, Yahoo, and Bing.
[00:42.560 --> 00:44.880] Start over with Startpage.
[00:44.880 --> 00:46.600] Spar.
[00:46.600 --> 00:47.840] It's what fighters do.
[00:47.840 --> 00:50.800] It's also how I remember the five guarantees of the First Amendment.
[00:50.800 --> 00:54.520] If you plan to take away my rights, I'm going to spar with you.
[00:54.520 --> 00:56.560] S-P-A-R with an extra P.
[00:56.560 --> 01:02.920] S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:02.920 --> 01:06.960] Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:06.960 --> 01:08.560] assembly, and religion.
[01:08.560 --> 01:10.520] But petition for redress is another matter.
[01:10.520 --> 01:14.640] We have the right to petition the government for a redress of grievances.
[01:14.640 --> 01:18.160] It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.160 --> 01:20.720] the reasons without fear of being thrown into jail.
[01:20.720 --> 01:22.760] I'm Dr. Catherine Albrecht.
[01:22.760 --> 01:31.120] More news and information at CatherineAlbrecht.com.
[01:31.120 --> 01:34.800] The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.800 --> 01:38.240] They guarantee the specific freedoms Americans should know and protect.
[01:38.240 --> 01:39.720] Our liberty depends on it.
[01:39.720 --> 01:43.640] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.640 --> 01:46.760] one of your constitutional rights.
[01:46.760 --> 01:48.360] Privacy is under attack.
[01:48.360 --> 01:51.960] When you give up data about yourself, you'll never get it back again.
[01:51.960 --> 01:56.720] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.720 --> 02:01.760] So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.760 --> 02:04.480] Privacy, it's worth hanging on to.
[02:04.480 --> 02:08.760] This public service announcement is brought to you by StartPage.com, the private search
[02:08.760 --> 02:12.320] engine alternative to Google, Yahoo, and Bing.
[02:12.320 --> 02:15.880] Start over with StartPage.
[02:15.880 --> 02:20.240] When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.240 --> 02:22.320] of Rights in a big old bear hug.
[02:22.320 --> 02:26.880] It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.880 --> 02:30.680] that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.680 --> 02:31.680] Get it?
[02:31.680 --> 02:33.960] Two arms, bear hug, bear arms?
[02:33.960 --> 02:37.560] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.560 --> 02:43.320] when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.320 --> 02:47.440] government, one more safeguard against the tyranny, which now appears remote in America,
[02:47.440 --> 02:50.480] but which historically has proved to always be possible.
[02:50.480 --> 02:52.480] I'm Dr. Catherine Albrecht.
[02:52.480 --> 03:18.640] More news and information at CatherineAlbrecht.com.
[03:18.640 --> 03:35.720] Okay.
[03:35.720 --> 03:36.720] We are back.
[03:36.720 --> 03:44.880] Rule of Law Radio on the 7th of January, 2022.
[03:44.880 --> 03:51.440] We are talking with Julie, first time caller Julie in Maryland right now, and Julie, we're
[03:51.440 --> 04:01.560] talking about the situation where your daughter's car got towed and there was no... She was
[04:01.560 --> 04:04.920] visiting a friend and there was no sticker on her car, but she didn't know she needed
[04:04.920 --> 04:09.960] a sticker and half an hour later, her car is stolen.
[04:09.960 --> 04:13.000] So go ahead with your story.
[04:13.000 --> 04:17.960] Yeah, so she tried to get it back.
[04:17.960 --> 04:24.840] She went to the, you know, to the apartment complex and asked them why they had her car
[04:24.840 --> 04:25.840] taken.
[04:25.840 --> 04:33.680] And they said, and it's really funny because they said that the tow company was doing it
[04:33.680 --> 04:36.840] independently, that they had nothing to do with it.
[04:36.840 --> 04:39.560] So that's completely false.
[04:39.560 --> 04:40.560] Oh, interesting.
[04:40.560 --> 04:41.560] Yeah.
[04:41.560 --> 04:50.240] But then it could be an incompetent, you know, worker at the desk who she talked to because-
[04:50.240 --> 04:51.240] Either way.
[04:51.240 --> 04:52.240] Do you know?
[04:52.240 --> 04:53.240] Do you care?
[04:53.240 --> 04:54.240] There's no way to know.
[04:54.240 --> 04:55.240] And it doesn't really matter.
[04:55.240 --> 04:57.240] Tow guy's in trouble because he took it.
[04:57.240 --> 05:07.480] Tow guy could theoretically try to absolve himself of some guilt by pointing the finger
[05:07.480 --> 05:10.560] at the apartment complex.
[05:10.560 --> 05:12.220] Maybe he's going to be successful with that.
[05:12.220 --> 05:13.220] Maybe he's not.
[05:13.220 --> 05:18.220] You don't care.
[05:18.220 --> 05:23.080] And then the apartment complex, if he can show and pull up a contract and pull up a
[05:23.080 --> 05:25.400] radio dispatch log and say, hey, they called me.
[05:25.400 --> 05:26.400] They asked me to do this.
[05:26.400 --> 05:29.440] I just, I'm just doing my job for the contract.
[05:29.440 --> 05:36.240] Well, he still did a crime, but now he can bring them in with a cross claim.
[05:36.240 --> 05:37.240] You know, it's not a counterclaim.
[05:37.240 --> 05:41.320] A counterclaim would be if he's saying that, well, you're at fault too.
[05:41.320 --> 05:42.320] You caused this too.
[05:42.320 --> 05:47.160] And so then he could blame you or your daughter in the courtroom.
[05:47.160 --> 05:52.360] But cross claim is when he's getting a finger pointed at him and he turns around and brings
[05:52.360 --> 05:56.480] in another person and says, this apartment complex over here, that's that CEO.
[05:56.480 --> 05:58.920] That's the guy that made me do it.
[05:58.920 --> 06:01.080] And so then he would bring them in.
[06:01.080 --> 06:09.320] And then they would make the effort to, to claim that they're innocent because we've
[06:09.320 --> 06:11.320] got the authority per this contract.
[06:11.320 --> 06:15.480] And then they would have the burden of proof of showing that they did those steps that
[06:15.480 --> 06:18.680] you listed that they didn't do.
[06:18.680 --> 06:24.240] So they wouldn't be able to absolve themselves of guilt if it got as far as the apartment
[06:24.240 --> 06:25.240] complex.
[06:25.240 --> 06:28.080] But you don't even care if it gets as far as the apartment complex.
[06:28.080 --> 06:33.280] All you care about is pointing the finger at the one who did the stealing.
[06:33.280 --> 06:37.720] Let them wriggle around and try to throw somebody else under the bus if they want to.
[06:37.720 --> 06:40.720] It doesn't matter.
[06:40.720 --> 06:41.720] Yeah.
[06:41.720 --> 06:48.520] So when, when I talked to the tow company and my daughter talked to them also and requested,
[06:48.520 --> 06:52.920] you know, to get the car back, they just flat out refused and said, well, you weren't, you
[06:52.920 --> 06:53.920] weren't permitted there.
[06:53.920 --> 06:59.480] And so you weren't in, you know, where you were supposed to be in a parking for visitors
[06:59.480 --> 07:02.240] area.
[07:02.240 --> 07:10.960] And you know, so, and they said that, you know, she had that they got the authority
[07:10.960 --> 07:13.400] from, of course, the apartment complex.
[07:13.400 --> 07:18.000] And I called the police and asked them about that.
[07:18.000 --> 07:23.280] And the police said, basically, you know, it's private property, they can do whatever
[07:23.280 --> 07:24.280] they want.
[07:24.280 --> 07:25.280] Irrelevant.
[07:25.280 --> 07:26.280] Yeah.
[07:26.280 --> 07:31.600] Well, you know, they, they wouldn't help.
[07:31.600 --> 07:38.320] What they were, what they were really telling you, that's, that's, that's police speak
[07:38.320 --> 07:42.600] for don't make me fill out forms and write paperwork.
[07:42.600 --> 07:44.600] I don't want to do that.
[07:44.600 --> 07:49.840] That's them saying, I'm too lazy to fill out.
[07:49.840 --> 07:52.000] I don't want to do what you're asking me to do.
[07:52.000 --> 07:55.360] That would involve paperwork, but that's okay.
[07:55.360 --> 07:56.920] They're not really required to do that.
[07:56.920 --> 08:00.360] There's nothing that you're putting on them by doing that.
[08:00.360 --> 08:03.480] You're, you didn't put a sworn criminal complaint in their hand.
[08:03.480 --> 08:06.360] That would have invoked their lawfully imposed duty to act.
[08:06.360 --> 08:12.680] Then they wouldn't be able to just, well, you know, private property, blah, blah.
[08:12.680 --> 08:15.400] They wouldn't be able to get you off the phone.
[08:15.400 --> 08:20.760] If you would go there physically, slap a piece of paper down on their desk.
[08:20.760 --> 08:27.280] Now they have a sworn criminal complaint that triggers their duty to go give it to a magistrate.
[08:27.280 --> 08:28.280] Okay.
[08:28.280 --> 08:34.640] So I was a little confused there because, you know, Alphonse says, don't call the police
[08:34.640 --> 08:39.240] and say that it's ran out of that, right?
[08:39.240 --> 08:44.560] When I talked to them and I went to the court, I talked to the police first and I got nowhere.
[08:44.560 --> 08:50.360] So I went to the courthouse and I talked to the commissioner and I asked her if I could
[08:50.360 --> 08:52.800] file a complaint.
[08:52.800 --> 08:58.880] And she goes, well, if it's a tow company that you're talking about, I don't suggest
[08:58.880 --> 09:06.200] you do that because I'm not going to, I'm going to probably deny it because it's not
[09:06.200 --> 09:08.600] a criminal case.
[09:08.600 --> 09:11.520] They, they didn't steal your car.
[09:11.520 --> 09:20.600] They had the authority to move your car, remove your car from an authorized parking spot.
[09:20.600 --> 09:30.080] No, that's the person telling you that is testifying and testifying without knowledge.
[09:30.080 --> 09:35.440] And if that's supposed to be a judicial officer, they shouldn't be testifying anyway.
[09:35.440 --> 09:40.080] They should wait for the facts and the law to be brought to them and make an unbiased
[09:40.080 --> 09:45.800] decision instead of trying to shoo you away before you even bring the case.
[09:45.800 --> 09:51.320] Right, okay.
[09:51.320 --> 09:55.120] So take a look at your local criminal procedure.
[09:55.120 --> 09:59.160] Now you mentioned, you mentioned conversion.
[09:59.160 --> 10:00.840] Conversion makes me think federal.
[10:00.840 --> 10:05.720] I don't know if Maryland has, you want to take a look at your crimes in Maryland?
[10:05.720 --> 10:09.160] Cause you've got state level and you've got federal, right?
[10:09.160 --> 10:18.240] You could pursue this in either or both depending on how your fact set lines up with the essential
[10:18.240 --> 10:21.400] elements of whatever offense.
[10:21.400 --> 10:31.400] So take a look at the Maryland code of criminal procedure or it might be called rules of criminal
[10:31.400 --> 10:34.880] procedure, criminal procedural rules.
[10:34.880 --> 10:39.920] Look for somebody that tells how crimes get processed.
[10:39.920 --> 10:43.320] Most likely you're going to find it looks like this.
[10:43.320 --> 10:52.240] You knowing of a crime, go to a notary and sign your name on your affidavit of facts.
[10:52.240 --> 10:57.320] This is a special kind of affidavit of fact that's called a criminal complaint.
[10:57.320 --> 11:04.400] And it is the beginning of the charging instruments that go through a court case for a crime.
[11:04.400 --> 11:11.400] You take that criminal complaint that's been stamped by a notary and you hand it to a magistrate,
[11:11.400 --> 11:21.440] a magistrate, which may also be a judge, but not, not all magistrates are judges, but probably
[11:21.440 --> 11:26.840] you'll have to look in Maryland, but probably all the judges are going to be magistrates.
[11:26.840 --> 11:30.160] Does that make sense?
[11:30.160 --> 11:35.760] Like we might have a JP, justice of the peace, who is a magistrate.
[11:35.760 --> 11:39.840] And we might have a mayor who is a magistrate.
[11:39.840 --> 11:44.400] We might have a county clerk that's a magistrate, but those are not judges.
[11:44.400 --> 11:53.520] Anyway, a magistrate has a lawfully imposed duty to act on your criminal complaint.
[11:53.520 --> 11:55.680] And once you do that, it's out of your hands.
[11:55.680 --> 12:00.240] You've put the complaint into the hopper and it's got a process that they're required
[12:00.240 --> 12:01.240] to follow.
[12:01.240 --> 12:05.920] They're not going to just kind of chit chat with you and see if you really want to do
[12:05.920 --> 12:12.000] if they feel like, no, you triggered their duty by bringing them a sworn criminal complaint.
[12:12.000 --> 12:13.000] It's verified.
[12:13.000 --> 12:14.000] You did your part.
[12:14.000 --> 12:15.000] You're done.
[12:15.000 --> 12:16.000] Wow.
[12:16.000 --> 12:21.280] So take a look at your criminal procedure.
[12:21.280 --> 12:22.280] Federal is very similar.
[12:22.280 --> 12:28.520] Federal, you'll be looking at the federal rules of criminal procedure and it's rule
[12:28.520 --> 12:31.040] three, talking about the complaint.
[12:31.040 --> 12:36.160] Now it says in there that you're supposed to go to a federal magistrate or they even
[12:36.160 --> 12:39.760] call federal magistrate judge, they call it.
[12:39.760 --> 12:46.040] And if the federal magistrate judge is not available, then you can take it before any
[12:46.040 --> 12:48.280] state or local officer.
[12:48.280 --> 12:53.080] And I guarantee you that that federal magistrate judge is not going to be available.
[12:53.080 --> 12:55.320] They don't even want to let you in the building.
[12:55.320 --> 12:58.120] They're going to give you a hard time just for trying to be there.
[12:58.120 --> 13:01.160] So did you have an appointment?
[13:01.160 --> 13:02.160] What's wrong with you?
[13:02.160 --> 13:03.880] You can't just go see the judge.
[13:03.880 --> 13:07.280] So they don't want you in there.
[13:07.280 --> 13:08.920] They make that pretty clear.
[13:08.920 --> 13:12.160] But all that does is it just opens the door for you to turn around and go to your local
[13:12.160 --> 13:17.400] friendly justice of the peace or anybody that's a magistrate.
[13:17.400 --> 13:23.640] Again, to find out who's a magistrate, you'll have to look at your Maryland.
[13:23.640 --> 13:29.560] In Texas, we have the Texas Code of Criminal Procedure and it's 2.09.
[13:29.560 --> 13:34.160] So if you find your local parallel to that, that'll help you out.
[13:34.160 --> 13:40.920] Code of Criminal Procedure 2.09 in Texas says who are magistrates?
[13:40.920 --> 13:43.880] So that'll be where I would start.
[13:43.880 --> 13:48.840] That gets the ball rolling in a way that they can't talk you out of.
[13:48.840 --> 13:55.360] It puts the tow truck people in the hot seat and then if they feel like dragging somebody
[13:55.360 --> 13:57.040] else in, they can do that.
[13:57.040 --> 14:04.120] You can also continue to do the civil separately as well because in criminal, you don't have
[14:04.120 --> 14:05.120] any standing.
[14:05.120 --> 14:13.440] You've just pulled the pin, you toss the grenade and that's it.
[14:13.440 --> 14:18.520] As a civil, you're saying, like the repelevin you mentioned, you're saying, I want my stuff
[14:18.520 --> 14:19.520] back.
[14:19.520 --> 14:26.320] If they haven't given it back yet, then that would be definitely fitting.
[14:26.320 --> 14:27.320] Okay.
[14:27.320 --> 14:38.760] So I did get the car back, I paid for it and then on a bad advice of a colleague who practices
[14:38.760 --> 14:46.240] law, she told me, you should hurry and put your pleadings in and I rushed to get the
[14:46.240 --> 14:55.080] pleadings in and then I found out that the statute of limitations is three years, I think,
[14:55.080 --> 14:56.080] one or three years.
[14:56.080 --> 14:57.080] Yeah, you have a while.
[14:57.080 --> 15:05.320] Now with a but, yeah, because I could have had more time with this and not feel so stressed
[15:05.320 --> 15:06.320] out.
[15:06.320 --> 15:07.320] Well, that's okay.
[15:07.320 --> 15:11.640] You can do an amendment, if there's something about that that you want to change, just send
[15:11.640 --> 15:20.200] it in as an amendment and an amendment doesn't just add one little thing, it completely replaces
[15:20.200 --> 15:22.840] the one that you had in there before.
[15:22.840 --> 15:28.600] So take the one you had before and don't treat it like it's going to be an add-on supplement,
[15:28.600 --> 15:35.360] you know, addendum kind of a thing, treat it like it's going to be an A for B replacement
[15:35.360 --> 15:38.560] like the other previous document ceases to exist.
[15:38.560 --> 15:39.560] Okay?
[15:39.560 --> 15:40.560] Okay.
[15:40.560 --> 15:51.600] Yeah, so just call it since it's plaintiff's first amended complaint and that'll be fine.
[15:51.600 --> 16:01.200] So then should I then check off the box for tort then and not with 11 because it is, okay,
[16:01.200 --> 16:12.480] so my count is still conversion and it is for the polytilling company and the courthouse
[16:12.480 --> 16:17.480] for, you know, taking my car.
[16:17.480 --> 16:24.360] Yeah, I don't know what to tell you about the form of the checking which box, but it
[16:24.360 --> 16:28.440] does make sense to me what you're saying, the repellent seems like it doesn't fit anymore
[16:28.440 --> 16:29.800] because you got the car back.
[16:29.800 --> 16:30.800] Okay.
[16:30.800 --> 16:32.480] That's what I thought.
[16:32.480 --> 16:38.040] But you still need damages for the fact that they harmed you by having stolen the car.
[16:38.040 --> 16:44.600] So the harm happened with the stealing, the conversion, and you're looking for damages.
[16:44.600 --> 16:47.600] You want to be made whole.
[16:47.600 --> 16:52.400] So yeah, that's what I would say.
[16:52.400 --> 16:58.200] We are going to have to go to our sponsors again, I mean, not have to, we get to, right?
[16:58.200 --> 17:00.240] We'll be right back.
[17:00.240 --> 17:04.920] Are you being harassed by debt collectors with phone calls, letters, or even losses?
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[17:49.560 --> 17:57.240] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
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[18:12.080 --> 18:15.560] Among those rights are the right to travel freely from place to place, the right to act
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[19:24.320 --> 19:40.920] Okay, we are back.
[19:40.920 --> 19:44.520] Randy Kelton, Brett Fountain, Rule of Law Radio.
[19:44.520 --> 19:52.640] On the 7th of January, 2022, we're talking with Julie in Maryland, and Julie, I think
[19:52.640 --> 19:53.640] we're wrapping up.
[19:53.640 --> 19:57.280] Do you have any other part of this that you wanted to consider?
[19:57.280 --> 20:00.440] No, no, I think that's it.
[20:00.440 --> 20:04.240] You've been so, so helpful, and I thank you so much.
[20:04.240 --> 20:05.240] Well, good.
[20:05.240 --> 20:06.960] I hope it's helpful enough.
[20:06.960 --> 20:14.760] I hope you and your daughter both are enjoying this process together, even though it's obviously
[20:14.760 --> 20:17.520] very uncomfortable to have to go through it.
[20:17.520 --> 20:19.520] It's a good learning process, right?
[20:19.520 --> 20:20.520] Definitely.
[20:20.520 --> 20:22.960] I mean, I'm learning so much.
[20:22.960 --> 20:31.040] I'm learning to be more, you know, just being more detailed and just looking through, because
[20:31.040 --> 20:36.000] I missed it the first time when I looked at the contract at the lease.
[20:36.000 --> 20:44.160] I didn't catch it, and then I talked to Steve, and I talked to Chappie, and they made me
[20:44.160 --> 20:49.360] see it, you know, and think differently about the whole thing, the whole difference.
[20:49.360 --> 20:54.760] Like, even what you were saying about the Code of Criminal Procedure, I mean, I went
[20:54.760 --> 20:59.400] there, I didn't even think that the commissioner was testifying without knowledge, but now
[20:59.400 --> 21:04.200] when you said it, it's like, yes, that's exactly what she was doing, and I knew that,
[21:04.200 --> 21:06.280] you know, it's like, how could she say that?
[21:06.280 --> 21:09.120] Because after she said that to me, I turned to my husband, I'm like, how could she say
[21:09.120 --> 21:10.120] that?
[21:10.120 --> 21:18.480] But I'm like, okay, you know what, I don't know enough to, so basically not knowing.
[21:18.480 --> 21:27.480] But I feel so much better having, you know, to find out things and reading it carefully.
[21:27.480 --> 21:28.480] Yeah.
[21:28.480 --> 21:29.480] Thank you so much.
[21:29.480 --> 21:33.520] Oh, and one little thing, just a side note about that.
[21:33.520 --> 21:42.480] I think if it were me, a judicial officer started out right out of the gate demonstrating
[21:42.480 --> 21:48.320] to me that they're not going to be fair and impartial, but they've already decided, well,
[21:48.320 --> 21:51.480] I'm probably going to deny your motion, even though you haven't even written it yet.
[21:51.480 --> 21:53.040] I haven't seen anything what it's about.
[21:53.040 --> 21:57.080] Oh, oh, it's going to be about a tow truck, so yeah, I'm going to be pretty much biased.
[21:57.080 --> 21:58.080] You don't have a chance.
[21:58.080 --> 22:04.160] Might as well not even try, and that to me sounds like I need to have a criminal complaint
[22:04.160 --> 22:15.360] against that individual right there, right out of the gate, and if there's going to be
[22:15.360 --> 22:22.600] a case brought before them, it's going to be accompanied by a motion for judicial disqualification
[22:22.600 --> 22:25.600] for bias.
[22:25.600 --> 22:31.800] So get me another judge, get me somebody else, some magistrate who has not told me to my
[22:31.800 --> 22:34.800] face that they're biased.
[22:34.800 --> 22:35.800] Okay.
[22:35.800 --> 22:38.800] Well, thank you so much.
[22:38.800 --> 22:39.800] Okay.
[22:39.800 --> 22:40.800] All right.
[22:40.800 --> 22:41.800] Thanks for calling in.
[22:41.800 --> 22:43.600] You have a good night.
[22:43.600 --> 22:44.600] You too.
[22:44.600 --> 22:45.600] Bye-bye.
[22:45.600 --> 22:46.600] Okay.
[22:46.600 --> 22:53.360] And now we're going to go to the next caller is Jeff in South Carolina.
[22:53.360 --> 22:56.560] Jeff, thanks for calling.
[22:56.560 --> 22:58.200] What is on your mind?
[22:58.200 --> 23:01.640] Well, thank you, Mr. Brecht, for taking my call.
[23:01.640 --> 23:02.640] What's on my mind?
[23:02.640 --> 23:07.480] I'd like to say thank you for the downloads of the archives as they come through.
[23:07.480 --> 23:10.600] I'm always anxious to hear and listen to them.
[23:10.600 --> 23:12.360] It's late for me to stay up and listen to these.
[23:12.360 --> 23:16.200] I normally fall asleep and don't make it.
[23:16.200 --> 23:18.200] And thank you directly to you.
[23:18.200 --> 23:23.400] I was listening as I was doing some work today to your, oh, a couple of months back, you
[23:23.400 --> 23:27.640] know, the archives are a little bit behind, but you did a just marvelous job.
[23:27.640 --> 23:30.800] I was listening very, very much enjoyed the information you were giving.
[23:30.800 --> 23:32.400] I mean, I have...
[23:32.400 --> 23:35.080] What was I talking about?
[23:35.080 --> 23:38.080] What was the topic?
[23:38.080 --> 23:39.400] What were we talking about?
[23:39.400 --> 23:41.360] What topic was I bringing up?
[23:41.360 --> 23:48.400] Yeah, you were giving, I think, like a basic beginning for traffic and some of the basic
[23:48.400 --> 23:53.920] things that you had been asked on telegram, I guess, and you were addressing on rule of
[23:53.920 --> 23:54.920] law.
[23:54.920 --> 23:58.400] And you were going through basic...
[23:58.400 --> 24:02.280] The due process, just starting out from the beginning, what to ask for, what to do, what
[24:02.280 --> 24:04.000] motions to do.
[24:04.000 --> 24:08.560] And it was music, but very, very good to always go over the basics.
[24:08.560 --> 24:09.560] Oh, good.
[24:09.560 --> 24:12.960] I'm really glad that was helpful.
[24:12.960 --> 24:20.840] I can't express how much the rule of law radio is really, to me, really a great program.
[24:20.840 --> 24:22.920] I don't know anything that's equal to it.
[24:22.920 --> 24:27.480] May I have a minute or two just to lay out my situation so you can respond, hopefully,
[24:27.480 --> 24:28.840] and give me some help?
[24:28.840 --> 24:29.840] Of course.
[24:29.840 --> 24:31.840] Be happy to try.
[24:31.840 --> 24:32.840] Okay.
[24:32.840 --> 24:41.000] January 3rd, I constructed the letter, I hand-delivered it to the officer of the assessor, and it
[24:41.000 --> 24:47.040] was written up, kind of like a formal business letter, and I was requesting that the office
[24:47.040 --> 24:48.880] of assessor would give me all...
[24:48.880 --> 24:50.280] Oh, here it goes.
[24:50.280 --> 24:56.600] I'm addressing you as custodian of the record and respond yet superior of your office.
[24:56.600 --> 25:01.880] If my assumption's wrong, please correct and send that information to me.
[25:01.880 --> 25:06.360] I asked him to forward to the proper authority and then send me the information, but my request
[25:06.360 --> 25:12.840] was I request all public documents pertaining to the properly generally known as and the
[25:12.840 --> 25:14.760] parcel number.
[25:14.760 --> 25:19.320] This request may be fulfilled in the most convenient and cost-effective manner than
[25:19.320 --> 25:22.440] my signature, sincere land signature.
[25:22.440 --> 25:30.280] What I was asking for is all documents relating to my property in the office of assessor.
[25:30.280 --> 25:34.440] Now, that was hand-delivered on the 4th.
[25:34.440 --> 25:41.920] On the 5th of January, which I left my email and phone number, I got a response.
[25:41.920 --> 25:44.400] Now, this is all that it says.
[25:44.400 --> 25:51.120] There's a heading here on Wednesday, January 5th in the time, and then who it was from,
[25:51.120 --> 25:52.120] route.
[25:52.120 --> 25:53.120] Now, here's the whole thing.
[25:53.120 --> 25:54.120] Good morning.
[25:54.120 --> 26:00.880] The county has received your request for information under the SC, will be South Carolina, Freedom
[26:00.880 --> 26:02.680] of Information Act.
[26:02.680 --> 26:06.960] The county has no documentation pursuant to your request.
[26:06.960 --> 26:07.960] Thank you.
[26:07.960 --> 26:10.960] County FOIA.
[26:10.960 --> 26:21.560] I wrote back on the 6th, just simply January 6th, 2022, County FOIA, one, who are you?
[26:21.560 --> 26:26.760] Two, by what legal authority does the County FOIA appear to be a third-party intervener
[26:26.760 --> 26:28.240] to my request?
[26:28.240 --> 26:33.240] Three, which request from me did you receive?
[26:33.240 --> 26:37.960] A, can you provide name, department to whom my request was directed?
[26:37.960 --> 26:46.840] B, is the request dated or titled, which would in any way identify it?
[26:46.840 --> 26:51.240] Four, County FOIA allegedly issued this email.
[26:51.240 --> 26:52.840] Is that Mr. or Mrs. County FOIA?
[26:52.840 --> 26:55.680] I do not know anybody by that name.
[26:55.680 --> 27:01.240] And five, what information did my request request?
[27:01.240 --> 27:07.960] Please include a copy of my request with your response, sincerely.
[27:07.960 --> 27:20.160] Then on the 6th of January, I received, good morning, please find attached the request
[27:20.160 --> 27:26.480] that was received by Spartanburg County, the original email was in the response to the
[27:26.480 --> 27:32.880] original request, hope you have a wonderful day, and they did have a copy attached of
[27:32.880 --> 27:33.880] my request.
[27:33.880 --> 27:40.000] Now, why I brought that up is I also had dropped the request off to a county judge that same
[27:40.000 --> 27:44.080] day, but that's a different issue.
[27:44.080 --> 27:46.640] There's my saying, what do you think of it?
[27:46.640 --> 27:48.640] What do we have there?
[27:48.640 --> 27:53.280] Okay, just to recap, let me see if I understood.
[27:53.280 --> 28:01.960] You are wanting to find from the office of the assessor at the county level, you're trying
[28:01.960 --> 28:07.800] to find out all the records that they have related to your property.
[28:07.800 --> 28:15.840] And I'm guessing what you are hoping to aim for there is not just your property, but relating
[28:15.840 --> 28:18.840] to the assessment of property taxes.
[28:18.840 --> 28:21.040] I'm guessing that's what that's aiming for.
[28:21.040 --> 28:27.120] But you said all records related to the property, okay, so then you said that was delivered
[28:27.120 --> 28:32.920] on the 4th, they came right back to you saying they don't have any records, none at all.
[28:32.920 --> 28:43.800] However, they looked in, they called it a South Carolina FOIA request, and I take it
[28:43.800 --> 28:49.760] that you didn't mention FOIA, and they're just calling it that.
[28:49.760 --> 28:57.400] So then you're responding, who are you, I didn't address any FOIA, and I don't know
[28:57.400 --> 29:02.480] which records request you're talking about, and they responded right back to show you
[29:02.480 --> 29:04.360] the original records request.
[29:04.360 --> 29:06.360] Is that right?
[29:06.360 --> 29:09.800] Yeah, it's fairly accurate, yes sir.
[29:09.800 --> 29:16.320] Okay, so I think that that response back from you wasn't really necessary and didn't get
[29:16.320 --> 29:17.320] you anywhere.
[29:17.320 --> 29:24.480] The response that says, is this Mr. or Mrs. FOIA, and why are you talking to me, that
[29:24.480 --> 29:30.080] I think probably puts a bad taste in their mouth and doesn't really gain anything for
[29:30.080 --> 29:31.080] you.
[29:31.080 --> 29:43.720] I think what you're wanting to get from them is a certification of their response.
[29:43.720 --> 29:50.560] Their response to you saying they don't have any records is gold, but unfortunately you
[29:50.560 --> 29:56.840] can't bring that into court because it's not certified, so you want that person to certify
[29:56.840 --> 30:02.720] their request, and all that means is that... Everyone knows that walking is a great
[30:02.720 --> 30:06.880] exercise, but you might not know that the way you walk could predict how long you're
[30:06.880 --> 30:07.880] going to live.
[30:07.880 --> 30:13.000] I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication
[30:13.000 --> 30:14.680] in just a moment.
[30:14.680 --> 30:16.280] Privacy is under attack.
[30:16.280 --> 30:20.680] When you give up data about yourself, you'll never get it back again, and once your privacy
[30:20.680 --> 30:24.640] is gone, you'll find your freedoms will start to vanish too.
[30:24.640 --> 30:29.720] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.720 --> 30:32.400] Privacy, it's worth hanging onto.
[30:32.400 --> 30:36.680] This public service announcement is brought to you by Startpage.com, the private search
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[30:43.520 --> 30:47.920] New research shows how fast you walk could predict how long you're going to live.
[30:47.920 --> 30:52.520] The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.520 --> 30:55.760] per second or faster live longer than expected.
[30:55.760 --> 31:00.160] In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.160 --> 31:04.860] A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.860 --> 31:07.240] as more traditional statistical measures.
[31:07.240 --> 31:10.520] Generally speaking, faster walkers live longer.
[31:10.520 --> 31:13.020] Measuring walking speed is quick and inexpensive.
[31:13.020 --> 31:16.840] It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.840 --> 31:21.000] Researchers say it could help doctors identify older patients who need special care.
[31:21.000 --> 31:22.960] I'm Dr. Catherine Albrecht.
[31:22.960 --> 31:30.400] More news and information at CatherineAlbrecht.com.
[31:30.400 --> 31:31.400] I lost my son.
[31:31.400 --> 31:32.400] My nephew.
[31:32.400 --> 31:33.400] My uncle.
[31:33.400 --> 31:34.400] My son.
[31:34.400 --> 31:35.400] On September 11th, 2001.
[31:35.400 --> 31:38.680] Most people don't know that a third tower fell on September 11th.
[31:38.680 --> 31:42.760] World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.760 --> 31:48.640] Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.640 --> 31:52.360] and engineers have looked into the evidence and believe there is more to the story.
[31:52.360 --> 31:55.520] Bring justice to my son, my uncle, my nephew, my son.
[31:55.520 --> 32:01.640] Go to buildingwhat.org, why it fell, why it matters, and what you can do.
[32:01.640 --> 32:06.000] Are you looking to have a closer relationship with God and a better understanding of His
[32:06.000 --> 32:07.000] Word?
[32:07.000 --> 32:12.160] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture
[32:12.160 --> 32:18.560] Talk where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[32:18.560 --> 32:23.080] Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly
[32:23.080 --> 32:25.480] dividing the Word of Truth.
[32:25.480 --> 32:29.480] Starting in January, our first hour studies are in the Book of Mark where we'll go verse
[32:29.480 --> 32:32.800] by verse and discuss the true Gospel message.
[32:32.800 --> 32:37.440] Our second hour topical studies will vary each week with discussions on sound doctrine
[32:37.440 --> 32:39.800] and Christian character development.
[32:39.800 --> 32:44.320] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.320 --> 32:48.720] Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.720 --> 32:50.280] of our Lord and Savior Jesus.
[32:50.280 --> 32:57.560] So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and
[32:57.560 --> 33:02.680] motivate your studies of the Scriptures.
[33:02.680 --> 33:25.240] Free Speech Radio, LogosRadioNetwork.com.
[33:25.240 --> 33:31.720] Alright we are back, Rule of Law Radio, Randy Kelton, I'm Brett Fountain and we are talking
[33:31.720 --> 33:35.160] with Jeff in South Carolina.
[33:35.160 --> 33:47.560] So Jeff, when I so eagerly dived into the sponsors there, I was just appalled the way
[33:47.560 --> 33:48.720] you fell off the cliff.
[33:48.720 --> 33:55.280] I tried to catch you but you just jumped, I couldn't help you, sorry.
[33:55.280 --> 33:56.680] Thanks for trying.
[33:56.680 --> 34:04.480] So yeah, you want to get that response certified and all that means is they're going to charge
[34:04.480 --> 34:11.280] you a dollar or two to add a piece of paper onto the back of what they gave you.
[34:11.280 --> 34:16.880] They said they don't have any documents in the whole office of the assessor, they have
[34:16.880 --> 34:20.880] zero documents related to your property.
[34:20.880 --> 34:30.160] Well that's pretty broad and so if they've got nothing, you want them to certify that
[34:30.160 --> 34:34.880] and all they're going to do is they're going to tack a page onto the end that says, this
[34:34.880 --> 34:40.920] is a true accurate and complete representation of our records and then they sign it and stamp
[34:40.920 --> 34:43.600] it, that's it.
[34:43.600 --> 34:50.200] But then that means you can bring that into court later if you need to, otherwise you've
[34:50.200 --> 34:57.120] got to subpoena the tax assessor, collector people, whoever's the respondee at Superior
[34:57.120 --> 35:02.640] that you addressed, you have to subpoena them and the judge may or may not give you a hard
[35:02.640 --> 35:08.240] time about that or try to argue with you about how do they have any involvement in this and
[35:08.240 --> 35:13.640] it's just cleaner if you already have a certified copy right there.
[35:13.640 --> 35:20.120] Okay, what my concern is and why I wrote the letter which you said probably has no value
[35:20.120 --> 35:27.960] and I appreciate that, I think what I was doing in Pennsylvania, they actually had provision
[35:27.960 --> 35:36.240] for records being held by like say a county administrator or something like that.
[35:36.240 --> 35:44.680] I have found no such provision in the South Carolina information request or FOIA type
[35:44.680 --> 35:50.280] which it is actually called at the state level, FOIA, Freedom of Information Act.
[35:50.280 --> 35:57.040] What is concerning me is I'm specifically addressing a man by name who's the head of
[35:57.040 --> 36:03.720] the assessor, he's the county assessor and I'm addressing to the county assessor, office
[36:03.720 --> 36:10.120] of county assessor but I'm getting it back from, it's just in capital letters, it says
[36:10.120 --> 36:15.800] county FOIA, it never provides anything and if you take...
[36:15.800 --> 36:16.800] I see what you mean.
[36:16.800 --> 36:22.080] So you're making a distinction to say I don't know who you are, I wasn't dealing with you,
[36:22.080 --> 36:23.080] I get it.
[36:23.080 --> 36:28.920] Okay, so that happens to me all the time too and here's what I'll tell you I do.
[36:28.920 --> 36:38.000] I will go back to the same person that I initially addressed because that is the person who has
[36:38.000 --> 36:46.400] the duty to respond to me and I will go ahead and respond as if the response had come from
[36:46.400 --> 36:54.360] them because possibly they have some kind of, they handed it off, they hired their helpers
[36:54.360 --> 37:00.080] to help them deal with their duty that they have and that's fine, I don't care if they
[37:00.080 --> 37:01.280] have people helping them.
[37:01.280 --> 37:09.840] So I treat the response as if it came from the individual, the top dog that I talked
[37:09.840 --> 37:11.840] to.
[37:11.840 --> 37:17.680] So I'll take the answer and say, hey, I asked you to certify this, you didn't certify it,
[37:17.680 --> 37:29.640] please certify it and just kind of skip the whole side little loop or extra conversation
[37:29.640 --> 37:37.440] about well, why did you have her answer me, who is this anyway and yeah, maybe they have
[37:37.440 --> 37:43.120] a whole team of people and they call them the county FOIA team, I don't care, it doesn't
[37:43.120 --> 37:49.360] matter to me, all I care about is I'm dealing with you buddy and yeah, I might get emails
[37:49.360 --> 37:55.080] or responses from somebody that doesn't identify themselves and it doesn't matter, they may
[37:55.080 --> 37:58.920] or may not have a duty, I don't care, that's between him and them.
[37:58.920 --> 37:59.920] Yeah.
[37:59.920 --> 38:01.920] Does that help at all?
[38:01.920 --> 38:03.920] Go ahead, go ahead.
[38:03.920 --> 38:07.400] No, that's it, I said does that help?
[38:07.400 --> 38:09.400] Oh, I'm sorry, yeah.
[38:09.400 --> 38:15.680] Yes, it does and I guess a decent approach, a good reasonable approach I can try but you
[38:15.680 --> 38:20.640] know, what I was concerned about is they did not address me by name, they did not identify
[38:20.640 --> 38:28.560] the request, they did not identify themselves and that's what really, I just said man, this
[38:28.560 --> 38:35.520] is so generic, it doesn't say anything, we have no documentation, it doesn't give anything,
[38:35.520 --> 38:40.440] who it was to, what the request was, nothing, it doesn't even give the name of the date
[38:40.440 --> 38:49.280] saying we received it on this date, nothing, it was absolutely undefined and generic.
[38:49.280 --> 38:55.360] I guess that's telltale, that could mean that they don't get requests, multiple requests
[38:55.360 --> 39:02.240] from one person very often or else they would feel the need to be a little more specific,
[39:02.240 --> 39:07.080] they must have a pretty good pattern of every time they get a request, it's only one from
[39:07.080 --> 39:10.080] one person.
[39:10.080 --> 39:16.480] In my, a couple months ago, I had done this with them and I said, I'd gotten into them
[39:16.480 --> 39:22.160] with it and said who are you and what's your authority, how can you intervene like this
[39:22.160 --> 39:31.280] and I really did lengthy message to them but of course they didn't respond and the assessor
[39:31.280 --> 39:37.440] will never admit, because I asked the assessor there, if you're not the respondent superior
[39:37.440 --> 39:42.640] or custodian of the record and you're forwarded this to the proper authorities but please
[39:42.640 --> 39:47.240] let me know who they are, they never respond, they'll never make a link, they just leave
[39:47.240 --> 39:49.560] you out in limbo and I'm thinking it's embarrassing.
[39:49.560 --> 39:56.880] Is that something that's written into your South Carolina FOIA, the requirements, the
[39:56.880 --> 39:59.880] regulations that they have to follow, is that part of it?
[39:59.880 --> 40:06.880] I don't think specifically and what happens is I dug into Pennsylvania so deep and up
[40:06.880 --> 40:13.880] in Pennsylvania it's so specific, every cross and T and every dot of the I, but our whole
[40:13.880 --> 40:20.320] body of law in South Carolina, there's such vagueness and generalities, it's pathetic.
[40:20.320 --> 40:27.120] Well, you can ask for things like that but it's harder to hold them accountable to follow
[40:27.120 --> 40:34.960] the law when the law isn't specific in something like that so, I mean, I guess, do you have
[40:34.960 --> 40:39.880] something like an official oppression, official misconduct, something where you can kind of
[40:39.880 --> 40:45.920] link it over to where you know it needs to be and say this is what I expect of you, otherwise
[40:45.920 --> 40:52.640] it looks to me like you're doing this crime, I mean, if it doesn't specify, it's really
[40:52.640 --> 40:55.360] hard to hold them, their feet to the fire.
[40:55.360 --> 41:03.400] Well, what it does describe is that each department will keep records and answer the request and
[41:03.400 --> 41:09.800] that's the strength of what my previous letter or request was, is I asked this department
[41:09.800 --> 41:15.840] head this question, how did you get involved because according to the Freedom of Information
[41:15.840 --> 41:20.440] Act, that department is responsible for those records and is responsible to respond, I don't
[41:20.440 --> 41:22.680] know who you are, stay out of it.
[41:22.680 --> 41:29.640] Well, it's probably just an attorney that, you know, fields these requests for them but
[41:29.640 --> 41:36.360] yeah, again, you shouldn't have to care about that, you addressed the one that was in the
[41:36.360 --> 41:41.760] department, the one that was the head of that department, you did your part, that's who
[41:41.760 --> 41:49.440] you needed to be talking to you, that's good, so anybody else who responds back, you just
[41:49.440 --> 41:56.440] treat it like it's him and if they identify themselves in some kind of way that makes
[41:56.440 --> 42:01.120] you understand that they're trying to get in the middle, oh, that's a whole different
[42:01.120 --> 42:02.120] story.
[42:02.120 --> 42:08.720] If I get something back from an attorney that says, I'm the attorney, blah, blah and I handle
[42:08.720 --> 42:13.440] all the blah, blah, blah, then he's going to get bar-grieved and he's going to get told
[42:13.440 --> 42:18.200] to back off, leave me alone, I don't want to talk to you, I didn't hire you, if somebody
[42:18.200 --> 42:26.600] paid you to give them legal advice, you go talk to them, he's going to get shooed away,
[42:26.600 --> 42:34.280] but that's different, you didn't get told that, hi, my name is Mr. Attorney and I'm
[42:34.280 --> 42:40.880] budding in, you got the answer you were looking for, which is the Office of the Assessor doesn't
[42:40.880 --> 42:41.880] have any records.
[42:41.880 --> 42:49.160] Yeah, okay, yeah, it said the county, it said the county has no records.
[42:49.160 --> 42:55.760] The county, even better, you asked for one department and you got the whole county has
[42:55.760 --> 43:00.880] no records, but you still need to say, would you please certify your response for me?
[43:00.880 --> 43:04.320] And I knew when I got it back, I was like, holy cow, they're saying there's no assessment
[43:04.320 --> 43:10.680] or anything, and like you said, but I thought, what's the validity of this response, but
[43:10.680 --> 43:16.440] okay, I'm going to approach it the way you are, and I'll go in town there and get them
[43:16.440 --> 43:22.640] to certify this for me, give me a certified, verify recording laying out, okay.
[43:22.640 --> 43:28.920] Yeah, thank you for your prompt response, I appreciate your attention to being so prompt,
[43:28.920 --> 43:34.320] however, I need you to certify your response, thank you very much.
[43:34.320 --> 43:41.080] Yeah, yeah, sounds great, that maybe helped me with the impasse, but I just said, man,
[43:41.080 --> 43:46.640] how do I handle this, because they will not give up or give me their authorization, nor
[43:46.640 --> 43:52.520] will the assessor say, this is properly handled, this is legality, nothing, they'll never make
[43:52.520 --> 43:53.520] that situation.
[43:53.520 --> 43:59.520] All right, well, thanks for calling in tonight, really appreciate it, and now we're going
[43:59.520 --> 44:00.520] to go to...
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[46:20.560 --> 46:35.480] Okay, we are back, Rule of Law Radio, Randy Kelton, I'm Brad Fountain, and this is the
[46:35.480 --> 46:39.720] 7th of January, 2022.
[46:39.720 --> 46:47.200] And let's see, we had Jeff in South Carolina, thanks for calling Jeff, and now we're going
[46:47.200 --> 46:54.800] to go to Olivier in, I guess you're in Florida now, huh?
[46:54.800 --> 47:03.600] Olivier, can we put you to sleep?
[47:03.600 --> 47:07.400] Olivier, are you there?
[47:07.400 --> 47:14.640] Oh, shoot, sure didn't want to hear what you had going on.
[47:14.640 --> 47:15.640] Not hearing any audio.
[47:15.640 --> 47:21.720] If you can hear me, you might just hang up and call right back.
[47:21.720 --> 47:31.000] We've got room on the board, 512-646-1984, all right.
[47:31.000 --> 47:37.440] And next up, we have Ted in Texas, good evening, Ted, what's on your mind?
[47:37.440 --> 47:40.880] Hey, how are you this evening?
[47:40.880 --> 47:41.880] I'm doing great.
[47:41.880 --> 47:49.240] I've got a couple of questions for you, I talked to Randy a couple of weeks ago, anyway,
[47:49.240 --> 47:58.560] let's see, I had a student ticket in Alto, used Randy's, downloaded his forms and stuff
[47:58.560 --> 48:13.920] off the internet, added in Randy's, yeah, or Eddie's, his motion to quash, anyway, submitted
[48:13.920 --> 48:22.880] all those, went in, had to sit down with the judge and the attorney there for motion tearing.
[48:22.880 --> 48:28.400] And at first, you know, we went through everything, they said, well, we'll set a date for the court
[48:28.400 --> 48:31.080] and we'll have our, we'll have a trial.
[48:31.080 --> 48:36.320] And then about two weeks later, I was thinking I was going to be getting a letter from them
[48:36.320 --> 48:38.720] telling me when to be there for the trial.
[48:38.720 --> 48:44.120] And lo and behold, it was a form that said they had decided to dismiss in the interest
[48:44.120 --> 48:45.120] of justice.
[48:45.120 --> 48:55.960] So that was a little bit of a surprise, it was nice, yeah, it was kind of funny because
[48:55.960 --> 49:02.040] the, I could tell, I could tell the judge had not read any of it, but the city attorney
[49:02.040 --> 49:08.080] had read it all because he was sitting there real quiet and would make kind of snide comments
[49:08.080 --> 49:13.320] and trying to be provocative all the time and, you know, just being his snotty self,
[49:13.320 --> 49:19.160] but that is just kind of funny as it all ended up, yeah, he was the one who had to make the
[49:19.160 --> 49:21.760] motion to dismiss and the judge signed it.
[49:21.760 --> 49:26.920] So anyway, that all happened, so that was great, but I wanted to ask you about though
[49:26.920 --> 49:35.360] was, you know, there's still the, there's still the background issue of the, you know,
[49:35.360 --> 49:43.920] Randy always said, you know, you take up the, oh shoot, the motion, not the motions, but
[49:43.920 --> 49:50.800] the, anyway, to accuse basically the accusations against the officer for, you know, doing something
[49:50.800 --> 49:56.640] under the color of law, I think there's a couple of them in there, anyway, probably
[49:56.640 --> 50:03.320] aggravated assault, anyway, yeah, that kind of stuff, right, okay, do I need to, now with
[50:03.320 --> 50:07.800] the dismissal, go ahead and move forward with some of that, I hadn't been really moving
[50:07.800 --> 50:13.600] forward with it because small town, I have to go through it all the time, it's kind of
[50:13.600 --> 50:18.240] like, until the court trial thing was done, I didn't really want to mess with a whole
[50:18.240 --> 50:25.160] lot else with them, but now that that's done, is there, you know, is this like a good time
[50:25.160 --> 50:31.320] to go ahead and move forward with, with allegations towards the officer, just to continue to,
[50:31.320 --> 50:37.240] I don't want to say harass, but to, you know, get my point across, I guess, to show them
[50:37.240 --> 50:41.440] that, you know, what they're doing isn't exactly legal, so I was just going to ask you.
[50:41.440 --> 50:47.800] I think it's a fine time to do that, you don't have to, if you wanted to just sit back and
[50:47.800 --> 50:56.240] not do anything, you could, there's no pressure on you, and yet, yeah, if you're, if you're
[50:56.240 --> 51:03.000] up for it, I think it's a perfectly fine time to do that, especially since the pressure
[51:03.000 --> 51:09.580] is not on you, this is completely detached from your situation now, there's no spotlight
[51:09.580 --> 51:14.600] on you or your actions, there's no risk of jail time or any of that stuff, all you're
[51:14.600 --> 51:18.160] doing is just being a good citizen, reporting crime.
[51:18.160 --> 51:24.040] Exactly, that's kind of what I thought, okay, cool, so I'll go ahead and begin following
[51:24.040 --> 51:33.080] up with that, I'm sure, you know, let's see, so I should, I should send these complaints
[51:33.080 --> 51:37.040] to the grand jury, or to the police?
[51:37.040 --> 51:43.280] Yeah, the grand jury is one of four places that you can send it, so you're in Texas,
[51:43.280 --> 51:51.100] and the person who committed the crime is a public official, so that triggers more options
[51:51.100 --> 51:59.560] for you, it's not just the magistrates, usually you're thinking about magistrates because
[51:59.560 --> 52:06.080] that's more broad brush, but sometimes, but you have this public official who did this,
[52:06.080 --> 52:12.720] so if a public official commits a crime, then a district attorney and a county attorney
[52:12.720 --> 52:21.560] have a lawfully imposed duty to act on that, so you've got four places you can send it,
[52:21.560 --> 52:25.480] you can send it to all the magistrates you care to send it to, you can send it to the
[52:25.480 --> 52:30.360] district attorney and all of the assistant district attorneys, county attorney and any
[52:30.360 --> 52:38.340] assistant county attorneys, and grand jurors, so however far you want to take it, however
[52:38.340 --> 52:44.640] broad you want to spread that, you can, those people have lawfully imposed duties.
[52:44.640 --> 52:51.200] With the grand jury, it's a little bit different, it's not the statute exactly imposing the
[52:51.200 --> 52:58.840] duty on them as a duty of office, it is an oath of office that the grand juror takes,
[52:58.840 --> 53:07.440] so in their oath of office, as they step into the role of being a grand juror, it is not
[53:07.440 --> 53:13.880] just the foreman, you send it to the foreman, but all 12 of those grand jury members have
[53:13.880 --> 53:21.060] sworn this oath, and as they're stepping into that, they say, I will inquire into every
[53:21.060 --> 53:28.880] crime that comes to my awareness by any means, so they have put themselves in a position
[53:28.880 --> 53:36.960] by swearing that, that they have this duty, I mean it says in their duties of grand jurors,
[53:36.960 --> 53:43.360] that they're swearing to it, so they've brought this directly, this duty upon themselves,
[53:43.360 --> 53:45.400] if that makes sense.
[53:45.400 --> 53:52.160] Right, yeah, okay, now, obviously some of these, like the DA and the county attorneys
[53:52.160 --> 53:57.840] are just going to throw it in the trash, pretty much, right, I mean that was my question on
[53:57.840 --> 54:04.680] what normally happens, which is why I thought, okay, it goes a grand jury route, and then,
[54:04.680 --> 54:08.600] you know, knowing that it was, because I know you've talked about this, you've told the
[54:08.600 --> 54:13.680] stories enough times, you know, you put them in the trash, you do the, and then you go
[54:13.680 --> 54:19.280] through, then you get the postal service on them for fraud or whatever, you know, and
[54:19.280 --> 54:26.000] you get them involved, just to mess things around a little bit, you know, because they
[54:26.000 --> 54:28.600] need to be messed with, that's for sure.
[54:28.600 --> 54:33.480] Because you pretty much know upfront they're not going to do their job, that wasn't the
[54:33.480 --> 54:37.560] way they planned to do it, so they don't really care, if the law imposed the duty on them,
[54:37.560 --> 54:39.600] they either didn't know or didn't care.
[54:39.600 --> 54:45.640] But yeah, you can, if you want to hold them accountable as well, then start with them,
[54:45.640 --> 54:50.280] because you're going to go to the grand jury anyway, and you might as well go to the grand
[54:50.280 --> 54:56.200] jury with their name on top of the stack, so you've got the police officer underneath,
[54:56.200 --> 55:03.680] and you've got the DA who shielded the police officer from prosecution on top of that.
[55:03.680 --> 55:11.440] Okay, that's excellent, I will do that, I'll start with the DA then, all right, okay, I'll
[55:11.440 --> 55:20.000] get that cooking, and see how that transpires there, that's the question I had for you.
[55:20.000 --> 55:27.760] Oh, and for magistrates, you've got, you can go look throughout all your whole county,
[55:27.760 --> 55:35.560] what is it, say Alto, that's down, that's past Russ, give it, so you could go to the
[55:35.560 --> 55:45.720] whole county, and if you happen to know of any politics in the county, you can just think
[55:45.720 --> 55:51.560] about that as you decide who are the magistrates that you're going to put this in front of.
[55:51.560 --> 55:57.040] Like maybe you happen to know that this fellow over here ran for judge, and it was a hot
[55:57.040 --> 56:03.240] contest, and he narrowly made it, and then this other guy over here is mad, but now he's
[56:03.240 --> 56:07.360] a mayor of this other little bitty town over here, and I don't know, Maydale or something,
[56:07.360 --> 56:13.960] and so then you say, you put this in front of him, and he's likely to act on it just
[56:13.960 --> 56:24.440] because he's mad, you know, just think through some of those things if you're aware of any.
[56:24.440 --> 56:26.160] Got you, got you, yeah.
[56:26.160 --> 56:32.560] Texas Code of Criminal Procedure 2.09 says who are magistrates in Texas.
[56:32.560 --> 56:38.160] Yeah, got it, now it's just, yeah, it's going to say, it's going to describe what they are,
[56:38.160 --> 56:46.280] not specifically name by name, all right, or county by name, or whatever, okay, correct,
[56:46.280 --> 56:47.280] excellent.
[56:47.280 --> 56:57.280] All right, so, oh, the next question was, now I had a speeding ticket in Navarro County,
[56:57.280 --> 57:07.760] it was issued by a county deputy sheriff, went through the whole JP trial, of course
[57:07.760 --> 57:12.680] they found me, they found me guilty, I didn't do as good a job, it was the first time I'd
[57:12.680 --> 57:20.480] ever kind of, you know, run through this, as I'd learned it from you guys, and listening
[57:20.480 --> 57:27.840] to the podcast and such, and so I was so nervous, it was unbelievable, but the adrenaline was
[57:27.840 --> 57:32.000] pumping so hard, I couldn't even take notes because my hand was shaking so bad, and I
[57:32.000 --> 57:34.920] didn't want them to see my hand shaking, it was hilarious.
[57:34.920 --> 57:39.440] Ah, another feeling, yes sir.
[57:39.440 --> 57:43.840] The first, the next time, this last time in Alto, I did so much better, I still didn't
[57:43.840 --> 57:50.080] feel 100% prepared, but obviously I did well enough, and they just didn't want to mess
[57:50.080 --> 57:59.280] with me, but anyway, back to Navarro County, the, you know, I appealed, they said, yeah,
[57:59.280 --> 58:07.560] we'll do a trial de novo with the county judge, whatever, and had gone in and requested
[58:07.560 --> 58:14.680] a jury trial, and then I didn't hear from them again, this was in 2019, I haven't heard
[58:14.680 --> 58:21.360] from them since, is this a let sleeping dogs lie, or should I go and just ask them, hey,
[58:21.360 --> 58:28.160] where is this, where are we at with this, to see what's up with them, how should I address
[58:28.160 --> 58:29.160] that?
[58:29.160 --> 58:30.160] Yeah.
[58:30.160 --> 58:35.360] Well, we're just about to go to our sponsors, we'll probably have to talk about that in
[58:35.360 --> 58:40.320] just some more in a minute, but I'm thinking, I want to get a copy of the record, and I
[58:40.320 --> 58:43.720] want to see, did they eventually come up with a charging instrument, because it may be too
[58:43.720 --> 58:44.720] late for them to do that.
[58:44.720 --> 58:50.200] All right, hang on, we're going to go to our sponsors, and we'll be right back.
[58:50.200 --> 58:54.360] Would you like to make more definite progress in your walk with God?
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[59:48.160 --> 01:00:02.240] You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.240 --> 01:00:05.880] The Bill of Rights contains the first 10 amendments of our Constitution.
[01:00:05.880 --> 01:00:09.360] They guarantee the specific freedoms Americans should know and protect.
[01:00:09.360 --> 01:00:10.840] Our liberty depends on it.
[01:00:10.840 --> 01:00:14.720] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:00:14.720 --> 01:00:17.600] one of your constitutional rights.
[01:00:17.600 --> 01:00:19.200] Privacy is under attack.
[01:00:19.200 --> 01:00:22.800] When you give up data about yourself, you'll never get it back again.
[01:00:22.800 --> 01:00:27.560] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:00:27.560 --> 01:00:32.600] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.600 --> 01:00:35.320] Privacy, it's worth hanging onto.
[01:00:35.320 --> 01:00:39.600] This public service announcement is brought to you by Startpage.com, the private search
[01:00:39.600 --> 01:00:43.160] engine alternative to Google, Yahoo, and Bing.
[01:00:43.160 --> 01:00:45.400] Start over with Startpage.
[01:00:45.400 --> 01:00:48.920] Imagine your mom and dad are getting ready for bed.
[01:00:48.920 --> 01:00:52.000] They pull back the covers and find a third party there.
[01:00:52.000 --> 01:00:55.200] He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.200 --> 01:00:59.360] That shocking image of a third party in my parents' bed reminds me what the Third Amendment
[01:00:59.360 --> 01:01:00.920] was designed to prevent.
[01:01:00.920 --> 01:01:05.120] It protects us from being forced to share our homes with soldiers, a common demand in
[01:01:05.120 --> 01:01:07.280] the days of our founding fathers.
[01:01:07.280 --> 01:01:09.240] Third party, Third Amendment, get it?
[01:01:09.240 --> 01:01:13.440] So if you answer a knock at your door and guys in fatigues demand lodging, tell them
[01:01:13.440 --> 01:01:17.080] to dust off their copy of the Bill of Rights and re-read the Third Amendment.
[01:01:17.080 --> 01:01:31.760] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:01:31.760 --> 01:01:35.440] The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.440 --> 01:01:38.880] They guarantee the specific freedoms Americans should know and protect.
[01:01:38.880 --> 01:01:40.320] Our liberty depends on it.
[01:01:40.320 --> 01:01:44.240] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:01:44.240 --> 01:01:47.240] one of your constitutional rights.
[01:01:47.240 --> 01:01:48.840] Privacy is under attack.
[01:01:48.840 --> 01:01:52.440] When you give up data about yourself, you'll never get it back again.
[01:01:52.440 --> 01:01:57.200] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.200 --> 01:02:02.400] So protect your rights, say no to surveillance and keep your information to yourself.
[01:02:02.400 --> 01:02:04.960] Privacy, it's worth hanging on to.
[01:02:04.960 --> 01:02:09.260] This public service announcement is brought to you by Startpage.com, the private search
[01:02:09.260 --> 01:02:12.800] engine alternative to Google, Yahoo, and Bing.
[01:02:12.800 --> 01:02:16.480] Start over with Startpage.
[01:02:16.480 --> 01:02:21.840] Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:21.840 --> 01:02:26.320] That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[01:02:26.320 --> 01:02:27.800] search and seizure.
[01:02:27.800 --> 01:02:30.160] Fourth Amendment, four eyes staring at you?
[01:02:30.160 --> 01:02:31.160] Get it?
[01:02:31.160 --> 01:02:34.280] Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[01:02:34.280 --> 01:02:39.800] security, case in point, TSA airport scanners that peer under your clothing.
[01:02:39.800 --> 01:02:43.800] When government employees demand a peep at your privates without probable cause, I say
[01:02:43.800 --> 01:02:46.600] it's time to sound the constitutional alarm bells.
[01:02:46.600 --> 01:02:50.920] Join me in asking our representatives to dust off the Bill of Rights and use their googly
[01:02:50.920 --> 01:02:53.160] eyes to take a gander at the Fourth.
[01:02:53.160 --> 01:02:54.960] I'm Dr. Catherine Albrecht.
[01:02:54.960 --> 01:03:22.320] More news and information at CatherineAlbrecht.com.
[01:03:22.320 --> 01:03:23.320] We are back.
[01:03:23.320 --> 01:03:25.680] Welcome to the Bill of Law Radio.
[01:03:25.680 --> 01:03:26.680] Randy Kelton.
[01:03:26.680 --> 01:03:30.720] I'm Brat Fountain, and this is the 7th of January, 2022.
[01:03:30.720 --> 01:03:39.200] We actually don't have Randy with us this evening, hoping everything's okay with him.
[01:03:39.200 --> 01:03:44.000] Sometimes he just takes a nap right before the show, so he can stay up till midnight.
[01:03:44.000 --> 01:03:48.040] But actually, he's got a lot on his mind right now with his wife in the hospital, so that
[01:03:48.040 --> 01:03:51.440] could be very well what's going on.
[01:03:51.440 --> 01:03:55.760] So pray for Randy if you think about it and his wife.
[01:03:55.760 --> 01:04:01.920] We're speaking with Ted right now in Texas, and let me go ahead and give out the caller
[01:04:01.920 --> 01:04:04.280] number, because we've got space on the board.
[01:04:04.280 --> 01:04:12.760] We'll try Olivier again here in a moment, but the call-in number is 512-646-1984, if
[01:04:12.760 --> 01:04:15.360] you want to call in with a question.
[01:04:15.360 --> 01:04:18.960] All right, so Ted, where were we?
[01:04:18.960 --> 01:04:19.960] All right.
[01:04:19.960 --> 01:04:26.560] Let's see, you had Navarro County, you had a ticket over there.
[01:04:26.560 --> 01:04:33.800] Yeah, and you know, went through the JP trial, was found, you know.
[01:04:33.800 --> 01:04:37.000] Oh, that's right, 2019, that's what it was.
[01:04:37.000 --> 01:04:41.000] They haven't done anything, it's just been sitting there, right?
[01:04:41.000 --> 01:04:45.400] Yeah, apparently, their DA died in office.
[01:04:45.400 --> 01:04:52.080] They appointed a new DA who then was taken out at the next election, so they have a third
[01:04:52.080 --> 01:05:00.640] new DA since my whole episode with them began, so that's probably why they just dropped it
[01:05:00.640 --> 01:05:02.640] through the cracks, yeah.
[01:05:02.640 --> 01:05:07.520] Well, that's okay, I mean, you don't care, you got a speedy trial, you could move to
[01:05:07.520 --> 01:05:13.360] dismiss it for a lack of prosecution, so I have a right to a speedy trial, and I didn't
[01:05:13.360 --> 01:05:18.280] get one, and I moved to dismiss this case, it's been sitting there hanging over my head
[01:05:18.280 --> 01:05:24.680] for all this time, but I would also say before you do that, because then you're putting the
[01:05:24.680 --> 01:05:31.240] ball in their court to say, oh, motion denied, we're not going to dismiss it, actually, let's
[01:05:31.240 --> 01:05:35.480] move, let's ratchet this up and start hassling this person.
[01:05:35.480 --> 01:05:43.880] Instead, might start, before you do a motion to dismiss, start by going in and checking
[01:05:43.880 --> 01:05:48.520] the record, see if anything's been filed into the record.
[01:05:48.520 --> 01:05:53.080] A lot of times, I'm sure you realize this, a lot of times they are pretending that the
[01:05:53.080 --> 01:05:58.640] case got commenced, and they're acting like it, they're having hearings and everything,
[01:05:58.640 --> 01:06:05.320] but they don't even have a charging instrument, nothing legitimately started the case, and
[01:06:05.320 --> 01:06:11.240] if there's no charging instrument in the record, then that's a strong case for, that's a strong
[01:06:11.240 --> 01:06:19.720] case, that's a strong position to say, we need to dismiss this case for lack of a charging
[01:06:19.720 --> 01:06:28.240] instrument, so you've got your jurisdictional challenge that takes away the court's ability
[01:06:28.240 --> 01:06:38.720] to just assume that a case got commenced properly, because there's no charging instrument.
[01:06:38.720 --> 01:06:42.360] I would say look at that first, and if they don't have one in the record, then again,
[01:06:42.360 --> 01:06:48.720] just like we were saying with that other, get that certified, get that response from
[01:06:48.720 --> 01:06:52.640] the court clerk that says, here's everything in the record, hey, will you please certify
[01:06:52.640 --> 01:06:56.240] that response for me?
[01:06:56.240 --> 01:07:02.600] Then you can say, as of today, in 2022, we are past the statute of limitations, you only
[01:07:02.600 --> 01:07:10.000] had two years with which to come up with one of these, it's, if you had, your DA was caught
[01:07:10.000 --> 01:07:16.040] up in this bribery nonsense, and ended up getting thrown out, and you had to get another
[01:07:16.040 --> 01:07:21.120] one and all, I don't care, it's not my problem, you can't find good people anymore.
[01:07:21.120 --> 01:07:30.640] Okay, very good, let's see, I sparked another question there, yeah, okay, well, during the
[01:07:30.640 --> 01:07:38.760] original motions hearing and all of that, right, they just, I didn't realize what they
[01:07:38.760 --> 01:07:48.840] were doing wrong when they did it, but there are specific cases cited in the motions that
[01:07:48.840 --> 01:07:59.160] Randy has us submit, and they didn't respond to any of them in writing at all, right, the
[01:07:59.160 --> 01:08:07.000] JP, yeah, he just went, no, no, no, no, no, deny, deny, deny, you know, let me ask you
[01:08:07.000 --> 01:08:13.640] this, it's my understanding, he needs to answer each and every one of those that are in that
[01:08:13.640 --> 01:08:19.400] challenge to subject matter jurisdiction, right, each, because there's like four or
[01:08:19.400 --> 01:08:26.400] five different things in there, he has to, doesn't he have to give some type of case
[01:08:26.400 --> 01:08:31.320] law or something that says, you know, this is why that doesn't apply, and he has to put
[01:08:31.320 --> 01:08:33.320] that in writing, right?
[01:08:33.320 --> 01:08:41.280] Right, what you're talking about is called findings of fact and conclusions of law, and
[01:08:41.280 --> 01:08:49.440] that's where the judge has to say why he ruled the way he ruled, so yes, it's possible for
[01:08:49.440 --> 01:08:57.200] a judge to just broad brush deny something that's one document, but you get to ask him,
[01:08:57.200 --> 01:09:05.840] you get to say, why did you rule the way he did, and that request means that now he has
[01:09:05.840 --> 01:09:12.840] to spell it all out, right, because obviously, if you're going to be taking his ruling to
[01:09:12.840 --> 01:09:17.680] an appellate court, or especially you've got something that's dispositive, I mean, you
[01:09:17.680 --> 01:09:23.600] could take that right now to an interlocutory appeal and say, I need you to command this
[01:09:23.600 --> 01:09:30.160] judge to follow the law or follow the rules or whatever is the thing that he seems to
[01:09:30.160 --> 01:09:37.400] be violating, and you can't effectively communicate anything like that if you don't know why he
[01:09:37.400 --> 01:09:43.400] ruled the way he did, so he has to say, he has to spell it out, and often you have to
[01:09:43.400 --> 01:09:44.400] ask.
[01:09:44.400 --> 01:09:52.200] You have to ask, right, now just ask in writing, okay, and is there no statute of limitations
[01:09:52.200 --> 01:09:58.400] on asking for, because I remember I asked verbally at the trial, right, at the end of
[01:09:58.400 --> 01:10:02.240] the trial, I said, well, I'm going to need a finding of facts and conclusions from you,
[01:10:02.240 --> 01:10:09.280] and he goes, well, I'm a JP, we don't have to do that.
[01:10:09.280 --> 01:10:18.800] So yeah, you don't have a strong leg to stand on, because it doesn't require him to do that.
[01:10:18.800 --> 01:10:20.360] It carves out JP's.
[01:10:20.360 --> 01:10:27.600] I don't know why, but in that rule, 296 and 297, that tell-
[01:10:27.600 --> 01:10:34.120] Tell judges that they have to respond to these requests, for some reason it carves them out.
[01:10:34.120 --> 01:10:42.400] However, what you can go with, what I've done is, even though there's not some other
[01:10:42.400 --> 01:10:50.120] rule that says this is how you do it for a JP, you can say, look, I demand a fair and
[01:10:50.120 --> 01:10:55.920] honest trial by an impartial judge, I have to have somebody competent, I don't believe
[01:10:55.920 --> 01:11:03.720] I've got that here, and I can't appeal until I get something straightforward that's not
[01:11:03.720 --> 01:11:07.840] biased, and I don't know what I'm looking at here.
[01:11:07.840 --> 01:11:14.560] And then if you take a look at the Texas Rules of Appellate Procedure, 34.5 will help you
[01:11:14.560 --> 01:11:18.640] out, because it's not carving out an exception for JP's.
[01:11:18.640 --> 01:11:19.640] 34.5.
[01:11:19.640 --> 01:11:21.640] 34, okay, 34.5.
[01:11:21.640 --> 01:11:22.640] Yeah.
[01:11:22.640 --> 01:11:34.080] And it is describing the position of somebody who is appealing, and from that perspective
[01:11:34.080 --> 01:11:39.280] of the person who is gathering all the things they need for appeal, the findings of fact
[01:11:39.280 --> 01:11:43.720] and conclusions of law is one of them, and if he doesn't have that, it's his responsibility
[01:11:43.720 --> 01:11:45.160] to get it from the court.
[01:11:45.160 --> 01:11:52.880] The court has, it's just a given that the court is going to come up with that.
[01:11:52.880 --> 01:11:53.880] Right.
[01:11:53.880 --> 01:12:00.760] Now, this would be, let me ask you, because they've already decided, they decided they
[01:12:00.760 --> 01:12:07.960] were going to do a trial de novo, right, with the next level up, right, so I said I wanted
[01:12:07.960 --> 01:12:14.720] to appeal, and they said okay, right away, and it's not a true appeal, it's a trial
[01:12:14.720 --> 01:12:19.240] de novo, I don't think that's a true appeal, because it's like we're going to do the whole
[01:12:19.240 --> 01:12:28.240] thing over again, right, so really I want to keep all this in mind if I have to go through
[01:12:28.240 --> 01:12:36.480] it again for some reason, if my motion to dismiss is denied.
[01:12:36.480 --> 01:12:41.320] Yeah, I think that makes sense.
[01:12:41.320 --> 01:12:48.400] Yeah, because it's water under the bridge now for the JP, it would seem.
[01:12:48.400 --> 01:12:49.400] Okay.
[01:12:49.400 --> 01:12:56.880] Yeah, there's no way, if it was 2019, he doesn't know what he ruled, let alone why.
[01:12:56.880 --> 01:13:05.240] I'm 100% sure they don't have a proper charging instrument in the file, because all they came
[01:13:05.240 --> 01:13:13.640] to me with was a complaint by the deputy, right, that he had written up, you know, how
[01:13:13.640 --> 01:13:15.640] they do that, and then they...
[01:13:15.640 --> 01:13:18.760] Was it a complaint or was it just a citation?
[01:13:18.760 --> 01:13:25.280] No, he actually had a, there's, I have to go, I'll tell you what, I'll have to go look
[01:13:25.280 --> 01:13:32.360] at what the actual document is in the file before I try to give it a name, but it's more...
[01:13:32.360 --> 01:13:36.360] There's a trick in Texas, there are two different kinds of complaints.
[01:13:36.360 --> 01:13:42.240] There's a chapter 45 of the Code of Criminal Procedure deals with justice courts, JP's
[01:13:42.240 --> 01:13:48.680] and municipal, and it's a really low bar for the complaint, but a regular real complaint
[01:13:48.680 --> 01:13:56.760] is over in chapter 15, you see the requirements are 1504 and 1505 of the Code of Criminal
[01:13:56.760 --> 01:14:02.320] Procedure, and it says, here's what makes a complaint sufficient, and then we have the
[01:14:02.320 --> 01:14:12.800] this little trick over in 27.14, and subsection D is in delta, where any written notice can
[01:14:12.800 --> 01:14:21.080] be considered good enough if the defendant goes along with it, so if they can get you
[01:14:21.080 --> 01:14:29.840] to slide over here and just act like it's okay, then they can substitute any written
[01:14:29.840 --> 01:14:41.120] notice as if it were the complaint, and so take a look at that 27.14D and see if that
[01:14:41.120 --> 01:14:45.800] lines up with the experience that you've had, because probably they tried to slide you into
[01:14:45.800 --> 01:14:53.720] that category, and then that reduces their requirements for sufficient, yeah, their burden.
[01:14:53.720 --> 01:15:00.440] Okay, okay, but since it's a trial de novo, it's all brand new, they have to have the
[01:15:00.440 --> 01:15:06.480] right thing in there now, and this is an actual, we'll just call it a proper court instead
[01:15:06.480 --> 01:15:13.200] of a JP court just for fun, so they have to have an actual correct charging instrument
[01:15:13.200 --> 01:15:14.200] now.
[01:15:14.200 --> 01:15:19.120] Yes, and at this point it's too late for them to bring one, if they don't have it in the
[01:15:19.120 --> 01:15:27.720] record already, it's too late, so they had two years, it says, and not afterwards.
[01:15:27.720 --> 01:15:33.600] I think that's 1202, let me take a quick look in the Code of Criminal Procedure.
[01:15:33.600 --> 01:15:42.120] Okay, yeah, yeah, yeah, I read it just either yesterday or today, it's two years.
[01:15:42.120 --> 01:15:51.120] Yeah, 1202 and subsection B, a complaint or information for any Class C misdemeanor may
[01:15:51.120 --> 01:15:56.440] be presented within two years from the date of the commission of the offense and not afterward,
[01:15:56.440 --> 01:16:02.080] and A, so it's for same thing, Class A or Class B, so two years, that's it, they don't
[01:16:02.080 --> 01:16:03.080] get any extra time.
[01:16:03.080 --> 01:16:08.600] If they don't have, either the complaint is missing or the information is missing, and
[01:16:08.600 --> 01:16:11.080] they both have to be in there according to the other rules.
[01:16:11.080 --> 01:16:16.160] It's 2018, so yeah, we're way beyond that, we're almost, we're coming up on four years.
[01:16:16.160 --> 01:16:17.160] Very good.
[01:16:17.160 --> 01:16:18.160] Yeah.
[01:16:18.160 --> 01:16:19.160] Yeah.
[01:16:19.160 --> 01:16:24.200] We'll see what they want to do, so anyway, yeah, I'll go over there, I'll get a copy
[01:16:24.200 --> 01:16:31.040] of the file, I'll get a certified copy of the file, and then make up the motion.
[01:16:31.040 --> 01:16:34.040] Can I call you back?
[01:16:34.040 --> 01:16:35.040] Excuse me.
[01:16:35.040 --> 01:16:36.040] Sounds good.
[01:16:36.040 --> 01:16:37.040] All right.
[01:16:37.040 --> 01:16:41.480] I need some additional help via email, so there's the music, perfect timing, you can
[01:16:41.480 --> 01:16:43.720] go on to the next one after the break.
[01:16:43.720 --> 01:16:44.720] Great.
[01:16:44.720 --> 01:16:45.720] Good deal.
[01:16:45.720 --> 01:16:46.720] Okay.
[01:16:46.720 --> 01:16:47.720] So much, Brett.
[01:16:47.720 --> 01:16:48.720] Appreciate you very much, sir.
[01:16:48.720 --> 01:16:49.720] Well, thank you.
[01:16:49.720 --> 01:16:50.720] I'm glad you called in tonight.
[01:16:50.720 --> 01:16:56.240] All right, so I think we're going to go ahead and try Olivier again, see if that's possible
[01:16:56.240 --> 01:16:57.240] to talk with him.
[01:16:57.240 --> 01:17:00.240] We tried before, but we'll be right back after the break.
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[01:19:29.000 --> 01:19:51.640] Okay.
[01:19:51.640 --> 01:19:52.640] We are back.
[01:19:52.640 --> 01:19:55.040] This is the Rule of Law Radio, Randy Kelton.
[01:19:55.040 --> 01:19:57.160] I'm Brett Fountain.
[01:19:57.160 --> 01:20:02.000] And let's see, we're going to go ahead to the only caller we have on the board right
[01:20:02.000 --> 01:20:07.240] now is Olivier, and we weren't able to hear him last time we tried.
[01:20:07.240 --> 01:20:08.240] Olivier, are you there?
[01:20:08.240 --> 01:20:09.240] Yes.
[01:20:09.240 --> 01:20:10.240] Hello.
[01:20:10.240 --> 01:20:11.240] Can you hear me?
[01:20:11.240 --> 01:20:12.240] All right.
[01:20:12.240 --> 01:20:13.240] Wonderful.
[01:20:13.240 --> 01:20:14.240] Hey.
[01:20:14.240 --> 01:20:19.240] What's on your mind this evening?
[01:20:19.240 --> 01:20:26.920] What's on my... Oh, well, I had a court date today.
[01:20:26.920 --> 01:20:42.280] And I had a court date, and this is on a case where my case that the judge had to recuse
[01:20:42.280 --> 01:20:43.280] herself.
[01:20:43.280 --> 01:20:44.280] Okay.
[01:20:44.280 --> 01:20:45.280] Yeah.
[01:20:45.280 --> 01:20:56.320] I was talking to the attorney today, and they go through the arraignment, and they're trying
[01:20:56.320 --> 01:21:04.960] to explain to me that he's helping the attorney, and this is a court date for arraignment and
[01:21:04.960 --> 01:21:05.960] stuff like that.
[01:21:05.960 --> 01:21:06.960] I'm talking to him.
[01:21:06.960 --> 01:21:07.960] I'm listening to him.
[01:21:07.960 --> 01:21:22.160] And he's asking me, do I want to use them, because he says that I have several motions
[01:21:22.160 --> 01:21:34.360] put in, and he was telling me that... The question is that the motions that I submitted
[01:21:34.360 --> 01:21:45.520] that they may not be able to use the motions, because they might find it unsound, and I'm
[01:21:45.520 --> 01:21:46.520] listening to him.
[01:21:46.520 --> 01:21:47.520] I said, okay.
[01:21:47.520 --> 01:21:53.680] I said... Wait, who's going to make the determination that your motion is not sound?
[01:21:53.680 --> 01:22:00.440] Who is... Is he saying that he is going to make that determination, or he's trying to
[01:22:00.440 --> 01:22:05.520] give you some kind of concern so that you can think maybe the judge is going to call
[01:22:05.520 --> 01:22:06.520] it unsound?
[01:22:06.520 --> 01:22:20.760] He's saying that the public defenders cannot argue a point if they don't agree with my
[01:22:20.760 --> 01:22:21.760] notion.
[01:22:21.760 --> 01:22:25.960] Oh, that's okay.
[01:22:25.960 --> 01:22:32.600] You have the right to be heard by yourself or with counsel or both, and so they can argue
[01:22:32.600 --> 01:22:38.320] it or not argue it, they can sit there as dumb as a bump on a log if they want to, but
[01:22:38.320 --> 01:22:42.200] the motion... That's your motion.
[01:22:42.200 --> 01:22:52.880] Right, and then... Well, I was speaking to him, and then I asked him, like, have you
[01:22:52.880 --> 01:22:55.760] seen my case here or nowhere?
[01:22:55.760 --> 01:23:02.240] We just came here to assist her, to help her go through the cases today, and I said, okay.
[01:23:02.240 --> 01:23:06.040] I said, well, I need your assistance.
[01:23:06.040 --> 01:23:10.920] I said, since you're representing me, he's like, well, if you don't want us to represent
[01:23:10.920 --> 01:23:20.160] you and you want to run the motions by yourself, I said, no, no, I said, no, that's okay.
[01:23:20.160 --> 01:23:28.240] I want to see what you're going to provide first, and then he said... He said, so you
[01:23:28.240 --> 01:23:33.200] do want us to use... I said, oh, yeah, I have no... I said, I have no problem.
[01:23:33.200 --> 01:23:38.560] I said, I also need you to do something for me, and he was like, well, what's that?
[01:23:38.560 --> 01:23:49.560] He said, I said, I need you to get me a copy of why my license was suspended, and I want
[01:23:49.560 --> 01:23:58.720] to give you... I need you to give me a copy of the... I need to know the case, the date
[01:23:58.720 --> 01:24:09.880] that... I need to know the date that the hearing was heard, was made, for the determination
[01:24:09.880 --> 01:24:21.040] of if I was found indigent, or I need them to provide the date, the hearing date that
[01:24:21.040 --> 01:24:27.120] the courts provided before they suspended my license, and you don't have a hearing date.
[01:24:27.120 --> 01:24:28.120] How about that?
[01:24:28.120 --> 01:24:29.120] Yeah, good idea.
[01:24:29.120 --> 01:24:32.120] He said, well, what do you mean?
[01:24:32.120 --> 01:24:42.360] I said, I said, well, the federal courts have just ruled that before a license can be suspended,
[01:24:42.360 --> 01:24:50.440] the court has to make the determination hearing of whether or not the individual has the ability
[01:24:50.440 --> 01:25:00.680] to pay or not, regardless, and then he started like... He looked at me, I said, I said,
[01:25:00.680 --> 01:25:10.400] as a matter of fact, I said, well, what's going on is that the state is fining us individuals
[01:25:10.400 --> 01:25:21.600] by the fees, then suspending our license, then now we're... Then turn around and... Because
[01:25:21.600 --> 01:25:30.640] they are turning individuals into criminals, and he said that... He said, Mr. Lydia, you
[01:25:30.640 --> 01:25:31.640] know what?
[01:25:31.640 --> 01:25:35.600] I have to agree with you.
[01:25:35.600 --> 01:25:38.600] My eyes are about to fall out of my head.
[01:25:38.600 --> 01:25:46.440] I'm so used to them, you know, saying they're hiding and dusting and saying everything that
[01:25:46.440 --> 01:25:47.440] they possibly can.
[01:25:47.440 --> 01:25:48.440] I looked at him, I said, what?
[01:25:48.440 --> 01:25:49.440] He said, yeah, I agree with you.
[01:25:49.440 --> 01:25:50.440] They're turning our citizens into criminals.
[01:25:50.440 --> 01:25:51.440] I was just looking at him like, what?
[01:25:51.440 --> 01:25:52.440] He said, yeah.
[01:25:52.440 --> 01:26:11.200] He said, yeah, because, you know, the citizens need the license to live and go travel.
[01:26:11.200 --> 01:26:13.800] I'm sitting here like, what did she just say?
[01:26:13.800 --> 01:26:14.800] He's looking at me.
[01:26:14.800 --> 01:26:15.800] I said, did you just say live?
[01:26:15.800 --> 01:26:23.280] He said, yeah, they need a license to live, I said, you know what?
[01:26:23.280 --> 01:26:24.280] Pretty much, yeah.
[01:26:24.280 --> 01:26:31.640] I said, you see, you're correct, the federal complaint that I read stated that we have
[01:26:31.640 --> 01:26:32.640] the right to livelihood.
[01:26:32.640 --> 01:26:39.080] He just sat there and looked at me like... I said, yeah, this was ruled on in 2020, the
[01:26:39.080 --> 01:26:40.080] case started in 2018.
[01:26:40.080 --> 01:26:47.600] I was explaining to him, and he just sat there and was like, look, you just puzzled at how
[01:26:47.600 --> 01:26:57.600] much information that I'm just giving to him at once, and then he's just like, he's turning
[01:26:57.600 --> 01:27:08.440] the red and he's freezing because he's realizing that I'm not letting it get closed underneath
[01:27:08.440 --> 01:27:15.120] something else, but he was just sitting there looking at me like, uh-oh, I'm like, yeah,
[01:27:15.120 --> 01:27:24.200] so I said, and I said, so I'm going to give you a chance to do what you need to do in
[01:27:24.200 --> 01:27:25.200] the first place.
[01:27:25.200 --> 01:27:28.920] I'm going to give you a chance to do what you're supposed to do in the first place.
[01:27:28.920 --> 01:27:34.520] I told him the reason that my case is put into this courtroom is because the judge had
[01:27:34.520 --> 01:27:36.840] to reduce this case because I sued her.
[01:27:36.840 --> 01:27:45.200] I sued her because she told me that I didn't have a right, that I argued.
[01:27:45.200 --> 01:27:53.040] I said, I should have sued the public defender also for telling me that she could not argue
[01:27:53.040 --> 01:27:57.320] the rights that I told her to argue.
[01:27:57.320 --> 01:28:05.400] I said, now, if you're telling me the same thing, I can file suit, I can file the declaratory
[01:28:05.400 --> 01:28:14.760] suit against the public defender's office and have them clarify in court why you seem
[01:28:14.760 --> 01:28:22.160] to think that you have the power to tell me what you're going to argue and not argue.
[01:28:22.160 --> 01:28:23.160] They're my rights.
[01:28:23.160 --> 01:28:28.760] Are you going to tell me what rights are you allowed to argue and what you're not allowed
[01:28:28.760 --> 01:28:29.760] to argue?
[01:28:29.760 --> 01:28:34.040] If you want me to clear that up, I told him, I said, if you want me to clear that up, we
[01:28:34.040 --> 01:28:35.640] can clear that up.
[01:28:35.640 --> 01:28:45.400] I said, I have bigger fish to fry, but if I need to, we could take care of that.
[01:28:45.400 --> 01:28:56.400] I think we could... There's several problems in the case.
[01:28:56.400 --> 01:29:01.160] I looked at her and I said, I don't care how you get the case dismissed, as long as it
[01:29:01.160 --> 01:29:08.400] gets dismissed, because when you went after the case, whatever reason you get the case
[01:29:08.400 --> 01:29:11.920] dismissed, I'm still going to bring my issues up.
[01:29:11.920 --> 01:29:17.600] Dismiss or not dismiss, I'm still going to file a federal suit so we can address these
[01:29:17.600 --> 01:29:18.600] answers properly.
[01:29:18.600 --> 01:29:23.920] He's just looking at me like, oh, now.
[01:29:23.920 --> 01:29:29.240] I'm like, so now, if I need to bring in the information, then I could bring in the information,
[01:29:29.240 --> 01:29:38.680] but you just admitted to me that you clearly... You clearly see my point, that being made
[01:29:38.680 --> 01:29:45.000] and agreed that the state is turning our citizens into criminals.
[01:29:45.000 --> 01:29:47.720] He already sees problems with the case.
[01:29:47.720 --> 01:29:53.800] In other words, other reasons to dismiss, besides the ones you were already talking
[01:29:53.800 --> 01:29:54.800] about.
[01:29:54.800 --> 01:29:55.800] Yep.
[01:29:55.800 --> 01:29:56.800] All right.
[01:29:56.800 --> 01:29:57.800] We'll continue this.
[01:29:57.800 --> 01:30:04.160] On the other side, we got our sponsor... A top cybersecurity expert has a warning for
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[01:31:15.200 --> 01:31:19.040] I've long opposed smart meters for privacy and health reasons.
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[01:31:23.480 --> 01:31:31.440] I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
[01:31:31.440 --> 01:31:36.800] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.800 --> 01:31:38.920] The government says that fire brought it down.
[01:31:38.920 --> 01:31:43.840] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.840 --> 01:31:46.560] Over 6,000 of my fellow service members have given their lives.
[01:31:46.560 --> 01:31:49.320] And thousands of my fellow first responders are dying.
[01:31:49.320 --> 01:31:50.680] I'm not a conspiracy theorist.
[01:31:50.680 --> 01:31:51.680] I'm a structural engineer.
[01:31:51.680 --> 01:31:53.120] I'm a New York City correctional.
[01:31:53.120 --> 01:31:54.120] I'm an Air Force pilot.
[01:31:54.120 --> 01:31:55.800] I'm a father who lost his son.
[01:31:55.800 --> 01:31:58.440] We're Americans, and we deserve the truth.
[01:31:58.440 --> 01:32:01.000] Go to RememberBuilding7.org today.
[01:32:01.000 --> 01:32:05.880] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[01:32:05.880 --> 01:32:08.280] In today's America, we live in an us-against-them society.
[01:32:08.280 --> 01:32:11.560] And if we, the people, are ever going to have a free society, then we're going to have to
[01:32:11.560 --> 01:32:13.280] stand and defend our own rights.
[01:32:13.280 --> 01:32:16.880] Among those rights are the right to travel freely from place to place, the right to act
[01:32:16.880 --> 01:32:20.600] in our own private capacity, and most importantly, the right to due process of law.
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[01:33:24.560 --> 01:33:42.040] Music
[01:33:42.040 --> 01:33:48.000] Music
[01:33:48.000 --> 01:33:55.000] And I say, truth in nature must be justice, I believe.
[01:33:55.000 --> 01:34:00.000] Truth in nature must be justice.
[01:34:00.000 --> 01:34:06.000] And though it's a daunting task, at least I got the key to see.
[01:34:06.000 --> 01:34:10.000] I had to send them all to just take off the silly man.
[01:34:10.000 --> 01:34:16.000] And in the light of day we all will pass, and there'll be tools of ingenuity.
[01:34:16.000 --> 01:34:20.000] Tools against the workers of iniquity.
[01:34:20.000 --> 01:34:22.000] Tools of ingenuity.
[01:34:22.000 --> 01:34:26.000] Tools against the workers of iniquity.
[01:34:26.000 --> 01:34:30.000] Rule of Law Radio, Randy Kelton, I'm Brat Fountain.
[01:34:30.000 --> 01:34:35.000] And it's the 7th of January, 2022.
[01:34:35.000 --> 01:34:38.000] And we're talking with Olivier.
[01:34:38.000 --> 01:34:42.000] Olivier in, it says Tennessee, but I know better.
[01:34:42.000 --> 01:34:44.000] You're in Florida, right?
[01:34:44.000 --> 01:34:46.000] Right.
[01:34:46.000 --> 01:34:49.000] All right, and we have a first-time caller up right after that.
[01:34:49.000 --> 01:34:53.000] So we'll get to you in 713 area code.
[01:34:53.000 --> 01:34:55.000] We'll get to you here in just a moment.
[01:34:55.000 --> 01:35:02.000] So Olivier, what else is on your mind about that?
[01:35:02.000 --> 01:35:08.000] So, all right, so after that transaction happened, he shocked.
[01:35:08.000 --> 01:35:10.000] He looked at me shocked.
[01:35:10.000 --> 01:35:20.000] And I looked at him, I said, as a matter of fact, I said, how many determination
[01:35:20.000 --> 01:35:27.000] hearings have we had in the state of Florida before a license has got suspended?
[01:35:27.000 --> 01:35:30.000] He looked at me and was like, ghost.
[01:35:30.000 --> 01:35:32.000] I'm looking at him, huh?
[01:35:32.000 --> 01:35:35.000] Can you tell me any?
[01:35:35.000 --> 01:35:40.000] And he's thinking, oh, something that was supposed to happen and has never
[01:35:40.000 --> 01:35:45.000] happened in my whole career, hmm, not good.
[01:35:45.000 --> 01:35:47.000] I said, can you tell me?
[01:35:47.000 --> 01:35:48.000] Can you?
[01:35:48.000 --> 01:35:49.000] I said, you know what?
[01:35:49.000 --> 01:35:54.000] I said, that's okay because the paperwork that you used to try to tell me whether
[01:35:54.000 --> 01:35:57.000] you could go online and get the paperwork, I said, no, no, no, no.
[01:35:57.000 --> 01:35:58.000] I need it.
[01:35:58.000 --> 01:36:04.000] I want it directly from your office so it can be official because I want to use
[01:36:04.000 --> 01:36:11.000] that official document in my federal lawsuit so there's no misunderstanding
[01:36:11.000 --> 01:36:15.000] about why my license got suspended.
[01:36:15.000 --> 01:36:20.000] And then I'm going to go get a public record and see how many times have you
[01:36:20.000 --> 01:36:27.000] suspended, have you had the state suspended a license and not had a hearing?
[01:36:27.000 --> 01:36:30.000] He could not move.
[01:36:30.000 --> 01:36:31.000] He could not.
[01:36:31.000 --> 01:36:35.000] Now he's just looking at me like, oh, my God.
[01:36:35.000 --> 01:36:36.000] I said, yeah.
[01:36:36.000 --> 01:36:41.000] I said, I don't need you to tell me if I'm right because I'm reading federal
[01:36:41.000 --> 01:36:44.000] cases myself.
[01:36:44.000 --> 01:36:50.000] I understand that this is a court of record and what this court says does not
[01:36:50.000 --> 01:36:52.000] mean anything to me.
[01:36:52.000 --> 01:36:53.000] I know the process.
[01:36:53.000 --> 01:36:56.000] So he's just sitting there like, oh, my.
[01:36:56.000 --> 01:36:57.000] I'm like, okay.
[01:36:57.000 --> 01:36:59.000] So that's why I need that paperwork.
[01:36:59.000 --> 01:37:03.000] I'd rather have an official copy so when I file a federal report, everybody
[01:37:03.000 --> 01:37:06.000] understands what's going on.
[01:37:06.000 --> 01:37:11.000] So I don't care what issue you get the case dismissed on, these issues will
[01:37:11.000 --> 01:37:15.000] still get addressed just to let you know.
[01:37:15.000 --> 01:37:17.000] I mean, he was red.
[01:37:17.000 --> 01:37:22.000] But the thing is he wasn't like he was red, like upset, but he was shocked.
[01:37:22.000 --> 01:37:28.000] He was shocked and he was so shocked that he just outright agreed with me.
[01:37:28.000 --> 01:37:31.000] He was like, Mr. Libby, you're right.
[01:37:31.000 --> 01:37:34.000] He wanted to say something else, but he just sat there and thought, you're
[01:37:34.000 --> 01:37:36.000] right.
[01:37:36.000 --> 01:37:37.000] We're creating criminals.
[01:37:37.000 --> 01:37:38.000] I'm like, okay.
[01:37:38.000 --> 01:37:39.000] Thank you.
[01:37:39.000 --> 01:37:45.000] So since we agree on that topic, that means you should have no reason to not
[01:37:45.000 --> 01:37:47.000] address those issues.
[01:37:47.000 --> 01:37:50.000] If you don't address those issues, I mean, you get a chance.
[01:37:50.000 --> 01:37:54.000] If you don't address those issues, I'm going to make an issue out of it.
[01:37:54.000 --> 01:37:57.000] I'm going to fire you.
[01:37:57.000 --> 01:37:59.000] I'm going to run my motion.
[01:37:59.000 --> 01:38:04.000] Then I'm going to come back and use a declaratory judgment to make you answer
[01:38:04.000 --> 01:38:10.000] why you think that you have the reason, why you think you have the right not
[01:38:10.000 --> 01:38:16.000] to address what I'm telling you.
[01:38:16.000 --> 01:38:18.000] So that's what happened.
[01:38:18.000 --> 01:38:22.000] He seems like he's on my side, but he's just shocked that I made it so clear
[01:38:22.000 --> 01:38:24.000] and fast.
[01:38:24.000 --> 01:38:32.000] But it came from the case that I explained to you last night.
[01:38:32.000 --> 01:38:36.000] And I think what happened with Randy is he's getting mixed up.
[01:38:36.000 --> 01:38:42.000] I'm arguing one perspective of it so I can get it clear, so we can get it up
[01:38:42.000 --> 01:38:43.000] out of the mud.
[01:38:43.000 --> 01:38:45.000] We should have it nice and clear.
[01:38:45.000 --> 01:38:52.000] This case that I brought up yesterday, they argued it in a different sense.
[01:38:52.000 --> 01:39:00.000] And then the court brought out these issues that I was exposing yesterday.
[01:39:00.000 --> 01:39:06.000] So I think that's where he kind of got it mixed up, got the arguments mixed up.
[01:39:06.000 --> 01:39:13.000] The reason that I ran across this verdict and this understanding is because I'm
[01:39:13.000 --> 01:39:19.000] pushing my issue of let's clarify the automobile, the motor vehicle, drivers.
[01:39:19.000 --> 01:39:22.000] You said let's clarify all that.
[01:39:22.000 --> 01:39:28.000] This case is saying regardless of all of that, we don't care what class, we
[01:39:28.000 --> 01:39:30.000] don't care any of that.
[01:39:30.000 --> 01:39:36.000] If the state is going to suspend the license, which is denominated a right or
[01:39:36.000 --> 01:39:40.000] privilege, they don't care which class it falls under.
[01:39:40.000 --> 01:39:46.000] But before we even get there, the state has due process that needs to be done.
[01:39:46.000 --> 01:39:53.000] Another due process, the state needs to have a determination because once a
[01:39:53.000 --> 01:40:02.000] right or privilege is being eliminated or restricted by the state, there must
[01:40:02.000 --> 01:40:11.000] be a determination hearing before that can be accomplished.
[01:40:11.000 --> 01:40:15.000] And it's nowhere.
[01:40:15.000 --> 01:40:22.000] It said that the state's choice to wield the cudgel of driver's license
[01:40:22.000 --> 01:40:26.000] suspension, I know cudgel is not a word we use all the time, but that's what
[01:40:26.000 --> 01:40:31.000] I have to ask Tina from California what that means for British people.
[01:40:31.000 --> 01:40:33.000] But it's a weapon.
[01:40:33.000 --> 01:40:39.000] For the state to wield that weapon of a driver's license suspension for
[01:40:39.000 --> 01:40:46.000] nonpayment of court debt is their phrase that they said it's unconstitutional
[01:40:46.000 --> 01:40:51.000] as applied to a class of plaintiffs consisting of people who can't afford to
[01:40:51.000 --> 01:40:54.000] pay that debt.
[01:40:54.000 --> 01:40:59.000] So yeah, I think that's a really valid point to be bringing up there.
[01:40:59.000 --> 01:41:01.000] I'm glad you're doing it.
[01:41:01.000 --> 01:41:02.000] That's one issue.
[01:41:02.000 --> 01:41:04.000] That's like one aspect of it.
[01:41:04.000 --> 01:41:09.000] The other aspect is it doesn't matter if they're indigent or not.
[01:41:09.000 --> 01:41:12.000] You must have that hearing.
[01:41:12.000 --> 01:41:19.000] They can have all the money in the world, but if you don't have that hearing
[01:41:19.000 --> 01:41:27.000] to satisfy due process, you have violated the Constitution.
[01:41:27.000 --> 01:41:31.000] That person could have all the money in the world.
[01:41:31.000 --> 01:41:34.000] They could have been guilty.
[01:41:34.000 --> 01:41:37.000] They could have been all that.
[01:41:37.000 --> 01:41:42.000] But without that hearing, there's a violation.
[01:41:42.000 --> 01:41:47.000] So now even if they had the hearing, this is another issue, even if they had
[01:41:47.000 --> 01:41:53.000] the hearing, if that person fell under indigent, they cannot touch that
[01:41:53.000 --> 01:41:57.000] person's right because he's poor.
[01:41:57.000 --> 01:42:04.000] They can restrict his right because of his inability to pay because that
[01:42:04.000 --> 01:42:13.000] license is taking parts of his rights and livelihood because you have a
[01:42:13.000 --> 01:42:19.000] requirement to have a license so you can track and regulate the street.
[01:42:19.000 --> 01:42:20.000] That's okay.
[01:42:20.000 --> 01:42:26.000] But you're not allowed to take it away from them because they have a right to
[01:42:26.000 --> 01:42:28.000] use the public roads.
[01:42:28.000 --> 01:42:31.000] No way out due process.
[01:42:31.000 --> 01:42:37.000] If you're requiring that license to use the public roads, you cannot take it
[01:42:37.000 --> 01:42:45.000] away just because you feel like it because in order to take away a right or
[01:42:45.000 --> 01:42:49.000] a privilege from somebody, there are procedures.
[01:42:49.000 --> 01:42:50.000] Yes.
[01:42:50.000 --> 01:42:51.000] Very good.
[01:42:51.000 --> 01:42:53.000] I'm glad you're bringing that up.
[01:42:53.000 --> 01:42:56.000] I think that's going to help a lot of people, not just you.
[01:42:56.000 --> 01:42:58.000] That's great.
[01:42:58.000 --> 01:43:00.000] Right.
[01:43:00.000 --> 01:43:02.000] Thanks, man.
[01:43:02.000 --> 01:43:04.000] All right.
[01:43:04.000 --> 01:43:07.000] You got somebody else?
[01:43:07.000 --> 01:43:10.000] Yeah, we got a first-time caller here.
[01:43:10.000 --> 01:43:13.000] All right.
[01:43:13.000 --> 01:43:14.000] Well, thanks for calling.
[01:43:14.000 --> 01:43:15.000] I appreciate it.
[01:43:15.000 --> 01:43:16.000] Have a good night.
[01:43:16.000 --> 01:43:17.000] All right, bro.
[01:43:17.000 --> 01:43:19.000] You too.
[01:43:19.000 --> 01:43:26.000] All right, and we just have a few seconds here before we go to our sponsors
[01:43:26.000 --> 01:43:29.000] again, but we do have a first-time caller here.
[01:43:29.000 --> 01:43:38.000] If you're in the 713 area code, give us a first name and a state.
[01:43:38.000 --> 01:43:39.000] Hello.
[01:43:39.000 --> 01:43:41.000] Hey there.
[01:43:41.000 --> 01:43:42.000] Hi.
[01:43:42.000 --> 01:43:44.000] Got a first name and a state?
[01:43:44.000 --> 01:43:47.000] Yes, this is Megan from Texas.
[01:43:47.000 --> 01:43:48.000] All right.
[01:43:48.000 --> 01:43:50.000] Megan from Texas.
[01:43:50.000 --> 01:43:52.000] Looking forward to talking with you.
[01:43:52.000 --> 01:43:55.000] We're going to go to our sponsors real quick, so just hold on, okay?
[01:43:55.000 --> 01:44:00.000] And we will come right back after the break.
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[01:46:28.000 --> 01:46:53.000] Okay, we are back.
[01:46:53.000 --> 01:46:57.000] Rule of Law Radio, Randy Kelton, I'm Brett Fountain.
[01:46:57.000 --> 01:47:01.000] And we're going into our last segment here this evening,
[01:47:01.000 --> 01:47:05.000] and we've got Megan in Texas.
[01:47:05.000 --> 01:47:08.000] Megan, what is on your mind?
[01:47:08.000 --> 01:47:10.000] Hi, Brett, how are you doing tonight,
[01:47:10.000 --> 01:47:13.000] manning the radio station on your own?
[01:47:13.000 --> 01:47:17.000] Yes, ma'am.
[01:47:17.000 --> 01:47:21.000] Okay, so I actually have multiple issues,
[01:47:21.000 --> 01:47:27.000] but I think the one that I can probably address tonight is,
[01:47:27.000 --> 01:47:30.000] it's about a mask mandate issue.
[01:47:30.000 --> 01:47:35.000] A few weeks ago, my husband and I had an appointment for the eye doctor.
[01:47:35.000 --> 01:47:40.000] This is a location that we've gone to probably the last five years,
[01:47:40.000 --> 01:47:44.000] and we arrived there, and this is during business hours for our appointment.
[01:47:44.000 --> 01:47:48.000] Their door was locked, the front entry door.
[01:47:48.000 --> 01:47:51.000] The employee inside opened up the door, let us in.
[01:47:51.000 --> 01:47:53.000] We said we had an appointment.
[01:47:53.000 --> 01:47:56.000] And, of course, we did not have any mask on,
[01:47:56.000 --> 01:48:00.000] and we were asked if we had a mask, and we said no.
[01:48:00.000 --> 01:48:05.000] And they told us, or she told us that we needed to have a mask,
[01:48:05.000 --> 01:48:08.000] and we said we weren't going to wear a mask,
[01:48:08.000 --> 01:48:14.000] and we're told that their company policy was a requirement that we wear a mask.
[01:48:14.000 --> 01:48:21.000] And we, you know, my husband asked, are you denying us service if we won't wear a mask?
[01:48:21.000 --> 01:48:27.000] And she basically said yes, told me the word, and then we left.
[01:48:27.000 --> 01:48:30.000] Probably after that, about 10 minutes later,
[01:48:30.000 --> 01:48:35.000] we decided to call the doctor's office and ask to speak to the doctor,
[01:48:35.000 --> 01:48:39.000] and we informed the doctor what had happened
[01:48:39.000 --> 01:48:45.000] and how the employee had denied us service for not having a mask.
[01:48:45.000 --> 01:48:49.000] And we asked if they were, you know, discriminating against us.
[01:48:49.000 --> 01:48:55.000] And the response we got was that, you know, they were a private business,
[01:48:55.000 --> 01:49:02.000] they can decide whatever they want to do, and, you know, again,
[01:49:02.000 --> 01:49:10.000] they explained that he has an employee that has a family member that has a, you know,
[01:49:10.000 --> 01:49:13.000] you know, compromised whatever system,
[01:49:13.000 --> 01:49:21.000] and so therefore they require a mask for their company.
[01:49:21.000 --> 01:49:22.000] Okay.
[01:49:22.000 --> 01:49:27.000] We want to know whether we have some kind of legal recourse,
[01:49:27.000 --> 01:49:30.000] and for the last couple weeks I've been doing a lot of research
[01:49:30.000 --> 01:49:39.000] and trying to look into what possible cause of action that this could fall under.
[01:49:39.000 --> 01:49:40.000] Okay.
[01:49:40.000 --> 01:49:45.000] So, me, I haven't done a lot of stuff with masks.
[01:49:45.000 --> 01:49:48.000] I could point you to a telegram group where there's a lady
[01:49:48.000 --> 01:49:53.000] who has gathered a lot of really great information.
[01:49:53.000 --> 01:50:04.000] It's t.me slash mask underscore law underscore society.
[01:50:04.000 --> 01:50:07.000] So t like telegram dot me.
[01:50:07.000 --> 01:50:10.000] I'm already on that telegram channel.
[01:50:10.000 --> 01:50:11.000] Okay, great.
[01:50:11.000 --> 01:50:14.000] So you'll be looking at Jess on the brink.
[01:50:14.000 --> 01:50:17.000] She's gathered up all the good information.
[01:50:17.000 --> 01:50:21.000] If there were anything I needed about that, I would go look at that group
[01:50:21.000 --> 01:50:26.000] and just read up everything she's been saying, look at her documents.
[01:50:26.000 --> 01:50:31.000] But me personally, I haven't addressed that issue.
[01:50:31.000 --> 01:50:34.000] I haven't done any legal research for it.
[01:50:34.000 --> 01:50:36.000] I mean, I know that there's the ADA.
[01:50:36.000 --> 01:50:41.000] Is it a public accommodation?
[01:50:41.000 --> 01:50:51.000] That's the federal level you're looking at.
[01:50:51.000 --> 01:50:55.000] I believe that's the one that's referencing public accommodations.
[01:50:55.000 --> 01:51:06.000] But then I don't know what you would consider this person doing wrong by denying you service.
[01:51:06.000 --> 01:51:11.000] I mean, I could see both sides of that.
[01:51:11.000 --> 01:51:16.000] You got customer service out the window.
[01:51:16.000 --> 01:51:19.000] Sorry, could you say that again?
[01:51:19.000 --> 01:51:22.000] Brett, can I speak to this?
[01:51:22.000 --> 01:51:25.000] Hey, it's Randy.
[01:51:25.000 --> 01:51:27.000] Go right ahead.
[01:51:27.000 --> 01:51:29.000] Yeah, I screwed up guys.
[01:51:29.000 --> 01:51:31.000] I crashed out and missed the show.
[01:51:31.000 --> 01:51:33.000] My apologies.
[01:51:33.000 --> 01:51:38.000] I appreciate Brett picking it up where I screwed up.
[01:51:38.000 --> 01:51:42.000] But I went to the VA and they told me I had to wear a mask.
[01:51:42.000 --> 01:51:44.000] And I said, no, I don't.
[01:51:44.000 --> 01:51:45.000] They said, well, this is our policy.
[01:51:45.000 --> 01:51:47.000] No, it's not.
[01:51:47.000 --> 01:51:50.000] So the woman went in the back and came back out.
[01:51:50.000 --> 01:51:53.000] And she said, well, okay, Mr. Kelsey, we have a room here.
[01:51:53.000 --> 01:51:56.000] Can you wait in this room for us?
[01:51:56.000 --> 01:51:57.000] And I said, sure.
[01:51:57.000 --> 01:51:59.000] And I went in this room.
[01:51:59.000 --> 01:52:05.000] And that's called public accommodation under the Americans with Disabilities Act.
[01:52:05.000 --> 01:52:10.000] And this doctor is not a private business.
[01:52:10.000 --> 01:52:16.000] He can only operate this business if he has a license with the state.
[01:52:16.000 --> 01:52:25.000] So inasmuch as he has a license with the state, he is bound by state law.
[01:52:25.000 --> 01:52:31.000] Under the Americans with Disabilities Act, he had a duty to provide reasonable accommodation.
[01:52:31.000 --> 01:52:39.000] He could have set aside a room and said, okay, you know, all of our people here wearing masks is going to make them real uncomfortable if you're not here with a mask.
[01:52:39.000 --> 01:52:43.000] So if you'll wait over here, we'll be fine.
[01:52:43.000 --> 01:52:46.000] He had a duty to do that.
[01:52:46.000 --> 01:52:49.000] This is not difficult.
[01:52:49.000 --> 01:52:50.000] It's not difficult for the doctor.
[01:52:50.000 --> 01:52:52.000] It's not difficult for him.
[01:52:52.000 --> 01:53:02.000] This is a matter of you will follow my rule or else.
[01:53:02.000 --> 01:53:10.000] I suggest you file a complaint with the state medical board that licenses this doctor.
[01:53:10.000 --> 01:53:12.000] That will wind you...
[01:53:12.000 --> 01:53:17.000] So you're saying it's filed a complaint with the Texas Apprometry Board.
[01:53:17.000 --> 01:53:18.000] Yes.
[01:53:18.000 --> 01:53:27.000] And I kind of looked at your brief that you, I think, put together with a lot of stuff about masks and back mandates.
[01:53:27.000 --> 01:53:36.000] And so I've been kind of doing a lot of my own research to kind of see, you know, what I can claim under.
[01:53:36.000 --> 01:53:47.000] And you're indicating claim under ADA, but does that mean that I have to, you know, state that he perceived me to have a disability?
[01:53:47.000 --> 01:53:51.000] No, he doesn't have to perceive you to have a disability.
[01:53:51.000 --> 01:54:06.000] Under the Americans with Disabilities Act, if he institutes a requirement and you can't effectively comply with that requirement, he is required to provide public recognition.
[01:54:06.000 --> 01:54:10.000] This is not a may, might, or can if he wants to.
[01:54:10.000 --> 01:54:14.000] The Americans with Disabilities Act requires it.
[01:54:14.000 --> 01:54:22.000] I want to ask the plaintiff to arrest the judge because he wouldn't turn the sound system up.
[01:54:22.000 --> 01:54:24.000] Yeah, I'm a competent veteran.
[01:54:24.000 --> 01:54:27.000] I know you're good.
[01:54:27.000 --> 01:54:28.000] So he had a duty.
[01:54:28.000 --> 01:54:29.000] Yeah, he's kind of...
[01:54:29.000 --> 01:54:30.000] Okay.
[01:54:30.000 --> 01:54:31.000] He's kind of...
[01:54:31.000 --> 01:54:39.000] I understand that kind of the state next to him is licensed to operate in Texas and also he's licensed by the Apprometry Board.
[01:54:39.000 --> 01:54:55.000] But there seems to be this, I don't know, misconception or misunderstanding out there with a lot of businesses that claim to be private businesses and that they can make whatever policies and rules they want and enforce it on customers.
[01:54:55.000 --> 01:54:58.000] This is a great point to address.
[01:54:58.000 --> 01:55:08.000] I'm sure the doctor feels stressed and intimidated by all of the pressure to wear these masks.
[01:55:08.000 --> 01:55:11.000] And this is not the fight he wants to have.
[01:55:11.000 --> 01:55:16.000] It's hard enough to keep his business going without all this crapola.
[01:55:16.000 --> 01:55:18.000] So he's not a bad guy here.
[01:55:18.000 --> 01:55:20.000] He's stuck in the middle.
[01:55:20.000 --> 01:55:23.000] But life is tough.
[01:55:23.000 --> 01:55:28.000] Sometimes you have to take the guy stuck in the middle and use him as a crash dummy.
[01:55:28.000 --> 01:55:54.000] Well, yeah, I understand. Well, we kind of, you know, after the phone call, kind of was really shocked that his implication was that his concern over, we called it, an employee's non-employee family member who probably wasn't even present, that they were concerned about the risk that we would create.
[01:55:54.000 --> 01:55:58.000] Are you concerned about the what you would create?
[01:55:58.000 --> 01:56:06.000] The fact that we weren't wearing masks, that we were probably creating some kind of risk to an employee's family member.
[01:56:06.000 --> 01:56:10.000] Okay, yeah. And I understand.
[01:56:10.000 --> 01:56:13.000] We can all understand their concerns.
[01:56:13.000 --> 01:56:19.000] But the problem is, you can have your concerns, but you still have to follow law.
[01:56:19.000 --> 01:56:22.000] The law is the guideline.
[01:56:22.000 --> 01:56:24.000] You have to follow it.
[01:56:24.000 --> 01:56:25.000] You are not a private business.
[01:56:25.000 --> 01:56:29.000] Yeah, he wasn't aware that it wasn't the law of a mask mandate, but we told them.
[01:56:29.000 --> 01:56:33.000] Yeah, the mandate is not law.
[01:56:33.000 --> 01:56:37.000] It doesn't matter if he doesn't like it, if it's uncomfortable for them.
[01:56:37.000 --> 01:56:39.000] Well, life is tough.
[01:56:39.000 --> 01:56:41.000] Deal with it.
[01:56:41.000 --> 01:56:42.000] The rules are the rules.
[01:56:42.000 --> 01:56:43.000] Follow them.
[01:56:43.000 --> 01:56:46.000] You don't get to do what you want to do, unless you want to do it.
[01:56:46.000 --> 01:56:53.000] And the doctor, I'm sure the doctor feels like he's caught in the middle, and yeah, he is, but life's tough.
[01:56:53.000 --> 01:56:55.000] Deal with it.
[01:56:55.000 --> 01:57:04.000] So just to summarize, the premise here is that he can make a rule in his office that says everybody needs to wear a mask.
[01:57:04.000 --> 01:57:10.000] He can come up with that rule, and he can do that just as well as he can create any other silly rule he wants to.
[01:57:10.000 --> 01:57:19.000] But if he does that and somebody can't comply with that, he has to make accommodation for that person in some other kind of way.
[01:57:19.000 --> 01:57:22.000] He can't just say, you get no service.
[01:57:22.000 --> 01:57:24.000] Is that right?
[01:57:24.000 --> 01:57:26.000] And that's exactly it.
[01:57:26.000 --> 01:57:31.000] And accommodation is not a hard thing to do.
[01:57:31.000 --> 01:57:35.000] So he has no grounds to stand on.
[01:57:35.000 --> 01:57:38.000] It would have been simple enough to create accommodation.
[01:57:38.000 --> 01:57:42.000] He could have just asked, well, everyone whose masks sit on this side or these sit on the other side,
[01:57:42.000 --> 01:57:46.000] so I bet you're at least six foot away, and we don't have an issue.
[01:57:46.000 --> 01:57:49.000] He could have done that.
[01:57:49.000 --> 01:57:52.000] People need to be reasonable.
[01:57:52.000 --> 01:57:54.000] This is about controlling.
[01:57:54.000 --> 01:57:57.000] You understand that the mask is really not about the mask.
[01:57:57.000 --> 01:57:59.000] It's about control.
[01:57:59.000 --> 01:58:04.000] Oh, yeah, I understand that the mask has nothing to do with the health.
[01:58:04.000 --> 01:58:09.000] Okay, so you think ADA is the cause of action that is kind of the best?
[01:58:09.000 --> 01:58:10.000] Yeah.
[01:58:10.000 --> 01:58:18.000] If you make a complaint against him with the medical board or with the agency that licenses him,
[01:58:18.000 --> 01:58:22.000] I have a friend who's a clinical psychologist who had a complaint filed against him,
[01:58:22.000 --> 01:58:26.000] and it was absolutely ludicrous, and he got it thrown out.
[01:58:26.000 --> 01:58:30.000] It cost him $20,000.
[01:58:30.000 --> 01:58:32.000] And it was a ludicrous complaint.
[01:58:32.000 --> 01:58:36.000] When you file against a medical professional, it is tough.
[01:58:36.000 --> 01:58:40.000] Unlike the bar griever's case.
[01:58:40.000 --> 01:58:41.000] I'm sorry.
[01:58:41.000 --> 01:58:44.000] I butted in on the next show, and I wasn't going to do that.
[01:58:44.000 --> 01:58:47.000] We are out of time.
[01:58:47.000 --> 01:58:48.000] Oh, thank you.
[01:58:48.000 --> 01:58:50.000] But let me just tell you, Meg,
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