ROL_2022-02-11_16k_Hr1-2.timecode

[00:00.000 --> 00:05.840]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.840 --> 00:09.520]  They guarantee the specific freedoms Americans should know and protect.
[00:09.520 --> 00:10.920]  Our liberty depends on it.
[00:10.920 --> 00:14.920]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.920 --> 00:16.920]  your First Amendment rights.
[00:16.920 --> 00:18.520]  Privacy is under attack.
[00:18.520 --> 00:22.120]  When you give up data about yourself, you'll never get it back again.
[00:22.120 --> 00:26.880]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.880 --> 00:31.960]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:31.960 --> 00:34.640]  Privacy, it's worth hanging on to.
[00:34.640 --> 00:38.920]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.920 --> 00:42.480]  engine alternative to Google, Yahoo, and Bing.
[00:42.480 --> 00:44.480]  Start over with Startpage.
[00:44.480 --> 00:47.760]  Spar, it's what fighters do.
[00:47.760 --> 00:50.720]  It's also how I remember the five guarantees of the First Amendment.
[00:50.720 --> 00:54.440]  If you plan to take away my rights, I'm going to spar with you.
[00:54.440 --> 01:01.560]  Spar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.560 --> 01:03.080]  and R for religion.
[01:03.080 --> 01:07.040]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.040 --> 01:10.480]  assembly, and religion, but petition for redress is another matter.
[01:10.480 --> 01:14.580]  We have the right to petition the government for a redress of grievances.
[01:14.580 --> 01:18.120]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.120 --> 01:20.760]  the reasons without fear of being thrown into jail.
[01:20.760 --> 01:31.080]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31.080 --> 01:34.720]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.720 --> 01:38.200]  They guarantee a specific freedoms Americans should know and protect.
[01:38.200 --> 01:39.640]  Our liberty depends on it.
[01:39.640 --> 01:43.560]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.560 --> 01:46.700]  one of your constitutional rights.
[01:46.700 --> 01:48.280]  Privacy is under attack.
[01:48.280 --> 01:51.880]  When you give up data about yourself, you'll never get it back again.
[01:51.880 --> 01:56.680]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.680 --> 02:01.680]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.680 --> 02:04.440]  Privacy, it's worth hanging on to.
[02:04.440 --> 02:08.720]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.720 --> 02:12.240]  engine alternative to Google, Yahoo, and Bing.
[02:12.240 --> 02:15.840]  Start over with StartPage.
[02:15.840 --> 02:20.200]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.200 --> 02:22.280]  of Rights in a big old bear hug.
[02:22.280 --> 02:26.760]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.760 --> 02:30.600]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.600 --> 02:31.600]  Get it?
[02:31.600 --> 02:33.920]  Two arms, bear hug, bear arms?
[02:33.920 --> 02:37.520]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.520 --> 02:43.280]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.280 --> 02:47.840]  conduct, one more safeguard against the tyranny which now appears remote in America, but which
[02:47.840 --> 02:50.600]  historically has proved to always be possible.
[02:50.600 --> 02:52.440]  I'm Dr. Catherine Albrecht.
[02:52.440 --> 03:16.120]  More news and information at CatherineAlbrecht.com.
[03:52.440 --> 04:15.400]  the right to bear arms is just one guarantee against arbitrary conduct, one more safeguard
[04:15.400 --> 04:22.160]  against the tyranny which now appears remote in America, but which historically has proved
[04:22.160 --> 04:23.040]  to always be possible.
[04:52.160 --> 04:53.960]  Victoria County today.
[04:55.600 --> 04:59.960]  We had, a friend of mine had sent some criminal complaints
[04:59.960 --> 05:04.600]  to the district attorney on March the 3rd, 2021.
[05:04.600 --> 05:06.700]  And we have the little green card number.
[05:07.960 --> 05:11.520]  And I got this letter back saying I have conducted
[05:11.520 --> 05:14.360]  a thorough search of our case management system
[05:14.360 --> 05:18.880]  and other files and find no cases or documents
[05:18.880 --> 05:22.560]  responsive to your request.
[05:22.560 --> 05:27.560]  Well, if I sent, or if, actually Joe sent,
[05:28.100 --> 05:31.520]  criminal complaints by certified mail
[05:31.520 --> 05:36.520]  to the district attorney in March,
[05:38.000 --> 05:39.640]  and here we are, March of last year,
[05:39.640 --> 05:41.540]  and here we are in February of this year,
[05:41.540 --> 05:43.440]  and they don't have any record of that.
[05:43.440 --> 05:48.440]  Somebody tampered with US mail.
[05:48.920 --> 05:50.760]  Well, maybe they were just really efficient
[05:50.760 --> 05:53.480]  and they threw it away as soon as they first saw it.
[05:54.440 --> 05:55.400]  That's tampering.
[05:56.440 --> 05:59.440]  It's also tampering with the government document, 3710.
[06:03.200 --> 06:06.160]  So I want to know who was in the mail room
[06:07.120 --> 06:09.120]  the week of March the 3rd,
[06:10.040 --> 06:12.240]  and I'll file tampering with the government document
[06:12.240 --> 06:16.360]  against them and let them sort it out.
[06:17.680 --> 06:20.280]  But first I'm going to contact
[06:20.280 --> 06:23.240]  this assistant district attorney
[06:23.240 --> 06:26.280]  because they obviously did a search
[06:26.280 --> 06:28.040]  to figure out who I was.
[06:28.920 --> 06:32.320]  I sent them a request under Randall Kelton
[06:32.320 --> 06:35.020]  and got a response under Randall D. Kelton.
[06:36.540 --> 06:39.000]  Well, I used to be known as Randall D. Kelton,
[06:39.000 --> 06:40.960]  but once I checked my birth certificate,
[06:40.960 --> 06:43.800]  my middle name wasn't on there,
[06:43.800 --> 06:45.360]  so I don't use that anymore.
[06:46.820 --> 06:47.920]  So where'd they get it?
[06:50.040 --> 06:52.240]  I think they got it off my driver's license,
[06:52.240 --> 06:54.380]  but they obviously ran a check on me,
[06:55.500 --> 06:59.600]  and I'm sure they know who I am by now,
[06:59.600 --> 07:03.840]  so they sent this letter pretending
[07:03.840 --> 07:05.160]  like they didn't have the documents
[07:05.160 --> 07:07.320]  because they said they had the documents,
[07:07.320 --> 07:11.240]  and they have looked carefully at my record.
[07:12.960 --> 07:17.520]  Then they will know that I'm going after
[07:17.520 --> 07:19.880]  the Travis County District Attorney
[07:21.000 --> 07:26.000]  for exercising prosecutorial discretion
[07:26.160 --> 07:29.360]  on a complaint that was filed with him.
[07:29.360 --> 07:31.360]  It wasn't even filed by me.
[07:31.360 --> 07:32.720]  Somebody else filed it.
[07:32.720 --> 07:36.580]  Actually, Brett had a little bit to do with that,
[07:36.580 --> 07:39.860]  and the DA didn't give it to the grand jury,
[07:39.860 --> 07:41.820]  so I filed criminal charges against her.
[07:42.940 --> 07:45.900]  But then again, they may not have a way of finding that,
[07:47.620 --> 07:49.180]  so they might not know I did that
[07:49.180 --> 07:51.060]  unless they called the Travis County DA,
[07:51.060 --> 07:53.060]  but I don't know why they would do that.
[07:54.060 --> 07:56.700]  I don't think they would find any tracks
[07:56.700 --> 07:59.660]  on the internet pointing to that
[07:59.660 --> 08:03.660]  unless they dug really deep and got on our telegram channel
[08:03.660 --> 08:04.780]  or some other things,
[08:04.780 --> 08:07.380]  so they probably don't know what I've been doing.
[08:09.020 --> 08:12.060]  I'm strategizing on how to,
[08:12.060 --> 08:14.580]  how do I handle these guys,
[08:14.580 --> 08:19.540]  or this is a female prosecutor.
[08:19.540 --> 08:22.320]  What I wanted to do is take a set of complaints
[08:22.320 --> 08:24.180]  that were filed against a couple guys
[08:24.180 --> 08:27.540]  that stole an airplane and prosecute them.
[08:27.540 --> 08:32.540]  I filed the complaints with the justice of the peace,
[08:33.120 --> 08:36.120]  and he was somewhat arrogant.
[08:36.120 --> 08:37.840]  Let me turn the phone lines on.
[08:39.440 --> 08:44.440]  Our call-in number, 512-646-1984.
[08:45.560 --> 08:48.120]  Give us a call if you have a question or comment.
[08:48.120 --> 08:50.720]  We'll be taking your calls all night.
[08:50.720 --> 08:53.240]  Okay, got the DA here.
[08:53.240 --> 08:56.280]  I filed a criminal complaint with the JP,
[08:56.280 --> 08:58.160]  and he was just a little bit arrogant,
[08:58.160 --> 09:00.160]  and we've talked about that on the show,
[09:01.360 --> 09:06.360]  and threw down my complaints on the counter
[09:06.760 --> 09:09.460]  and said, I'm not going to take these, and walked out.
[09:10.960 --> 09:14.160]  Well, I didn't consider that polite or civil,
[09:15.240 --> 09:19.460]  and I expect civility from my public officials,
[09:19.460 --> 09:22.500]  so I called 911 and asked the police to arrest them,
[09:22.500 --> 09:26.900]  and they took my complaint,
[09:26.900 --> 09:30.300]  and then I contacted the police department and asked them,
[09:30.300 --> 09:35.300]  which justice of the peace did you give notice of crime to
[09:36.380 --> 09:38.660]  after the filing of my criminal complaint?
[09:41.100 --> 09:43.700]  And they didn't give it to a justice of the peace,
[09:45.180 --> 09:47.980]  so I filed criminal charges against the chief of police,
[09:48.900 --> 09:51.300]  and with him, I filed, I'm sorry,
[09:51.300 --> 09:54.220]  I filed with the chief of police against
[09:55.100 --> 10:00.100]  the justice of the peace and against the chief of police.
[10:04.860 --> 10:09.860]  So then I sent a tort letter to,
[10:11.180 --> 10:16.180]  oh, then I sent the chief of police a request to find,
[10:18.700 --> 10:21.020]  I'm sorry, I'm getting this out of place.
[10:21.020 --> 10:25.180]  I had already asked them which magistrate
[10:25.180 --> 10:27.300]  they gave the complaint to, and since they didn't,
[10:27.300 --> 10:30.460]  I charged the chief with shielding
[10:30.460 --> 10:32.980]  the justice of the peace from prosecution,
[10:36.620 --> 10:39.900]  and I sent them both a tort letter,
[10:39.900 --> 10:41.820]  notifying I'm going to sue both of them
[10:41.820 --> 10:46.340]  in their personal capacity for acting outside of scope.
[10:46.340 --> 10:50.300]  So I'm gradually turning the heat up.
[10:53.120 --> 10:55.400]  So now, how do I handle the JP,
[10:55.400 --> 10:58.160]  I mean the district attorney, Brett,
[10:58.160 --> 11:03.160]  how do I get the district attorney to act on my complaints
[11:03.800 --> 11:06.040]  against these guys who stole the airplane?
[11:06.040 --> 11:08.840]  I don't care about the JP or the chief,
[11:08.840 --> 11:11.320]  I'm just using them as cannon fodder
[11:11.320 --> 11:15.560]  to see if I can get these two guys I'm after indicted.
[11:16.760 --> 11:19.960]  So you want the district attorney to actually act on it,
[11:19.960 --> 11:22.040]  so that means you want them to see you
[11:22.040 --> 11:24.760]  going after somebody else so that they
[11:24.760 --> 11:26.880]  won't screw it up themselves, right?
[11:26.880 --> 11:31.680]  No, I want to say to the DA, hey, Bubba,
[11:31.680 --> 11:34.940]  if you get me an indictment on these two chumps,
[11:35.840 --> 11:37.920]  I'll leave your public officials alone.
[11:37.920 --> 11:40.920]  Well, I might or might not, but I don't tell her that.
[11:40.920 --> 11:45.920]  I'll give her an opportunity to do the right thing
[11:47.520 --> 11:49.520]  so that I don't come after her.
[11:51.520 --> 11:53.720]  If she doesn't know that I'm already going after
[11:53.720 --> 11:56.920]  the Travis County DA, she'll find out
[11:56.920 --> 11:59.000]  because I already have all the documents written,
[11:59.000 --> 12:00.920]  all I have to do is change the names.
[12:00.920 --> 12:04.920]  Then I will file with the district judge
[12:04.920 --> 12:07.920]  in Victoria County, and there's one in particular
[12:07.920 --> 12:11.920]  I'm singling out for special persecution.
[12:13.920 --> 12:15.920]  I'll send the complaints to him,
[12:16.920 --> 12:19.920]  and he won't issue a warrant.
[12:19.920 --> 12:21.920]  Now, the complaint against the justice of the peace
[12:21.920 --> 12:25.920]  is that I gave her criminal, or him, criminal complaint,
[12:25.920 --> 12:28.920]  and he won't issue a warrant.
[12:28.920 --> 12:31.920]  I gave him, or him, criminal complaints,
[12:31.920 --> 12:35.920]  and he was commanded under 15.09 Texas Code
[12:35.920 --> 12:39.920]  of Criminal Procedure to issue a warrant.
[12:41.920 --> 12:43.920]  No, that's not the way they do things,
[12:43.920 --> 12:45.920]  and he's maybe never read that one before.
[12:45.920 --> 12:46.920]  Don't you feel sorry for him?
[12:46.920 --> 12:47.920]  Oh, yes.
[12:47.920 --> 12:48.920]  Bringing it on him like that?
[12:48.920 --> 12:50.920]  Yes, I do.
[12:50.920 --> 12:51.920]  I didn't arrest him myself.
[12:51.920 --> 12:53.920]  That's how sorry for him I felt.
[12:53.920 --> 12:57.920]  So I called the police to have them do it instead.
[12:58.920 --> 13:02.920]  So they're not going to like me coming after their JP.
[13:02.920 --> 13:04.920]  They're going to want to protect their JP,
[13:04.920 --> 13:08.920]  and the idea was they're likely to want to protect their JP
[13:08.920 --> 13:13.920]  more than they want to protect these two airplane thieves.
[13:13.920 --> 13:22.920]  So if I can get the prosecutor to give me an indictment,
[13:22.920 --> 13:26.920]  I'll leave his JP and chief of police alone.
[13:26.920 --> 13:30.920]  If not, I'll just keep turning the crank.
[13:30.920 --> 13:33.920]  I'll file criminal charges against the district attorney
[13:33.920 --> 13:35.920]  with the sheriff's office,
[13:35.920 --> 13:40.920]  and against the chief of police and the JP that's next door
[13:40.920 --> 13:42.920]  to the sheriff's office.
[13:42.920 --> 13:46.920]  And he's not going to want to go after them.
[13:46.920 --> 13:50.920]  Then I'll come back and file against all of them
[13:50.920 --> 13:52.920]  with this district judge,
[13:52.920 --> 13:56.920]  and when the district judge doesn't do his job,
[13:56.920 --> 14:00.920]  I'll file against him with one of the other district judges.
[14:00.920 --> 14:04.920]  And when that one doesn't do his job,
[14:04.920 --> 14:08.920]  I'll file against him and all the others with another district judge
[14:08.920 --> 14:10.920]  until I've walked through all of them.
[14:10.920 --> 14:14.920]  And then we take them all to the court of appeals.
[14:14.920 --> 14:17.920]  I'll file a criminal complaint against them all
[14:17.920 --> 14:21.920]  with a judge of the court of appeals.
[14:21.920 --> 14:25.920]  And we know what they're not going to do.
[14:25.920 --> 14:30.920]  So just keep turning the heat up.
[14:30.920 --> 14:33.920]  Let me ask you something about that.
[14:33.920 --> 14:38.920]  When you go from one district judge to another,
[14:38.920 --> 14:44.920]  is there any reason why just logistically or strategically
[14:44.920 --> 14:47.920]  why you would do one at a time
[14:47.920 --> 14:50.920]  instead of you reached one district judge
[14:50.920 --> 14:52.920]  and now you're going to take that whole stack
[14:52.920 --> 14:55.920]  and send it in multiple directions to all of the other district judges
[14:55.920 --> 14:57.920]  like for the next round?
[14:57.920 --> 15:00.920]  I did that in Travis County.
[15:00.920 --> 15:04.920]  And surprise, surprise, they all did nothing.
[15:04.920 --> 15:05.920]  Right.
[15:05.920 --> 15:11.920]  So I'm going to go ahead and go to the court of appeals judge
[15:11.920 --> 15:15.920]  with a complaint against every district judge in Travis County.
[15:15.920 --> 15:16.920]  Right.
[15:16.920 --> 15:19.920]  I want to see how that works.
[15:19.920 --> 15:22.920]  And I want to do it a little different.
[15:22.920 --> 15:28.920]  I'm thinking of what will play best with a grand jury.
[15:28.920 --> 15:30.920]  In Travis County, I filed against all of them.
[15:30.920 --> 15:34.920]  And the grand jury is going to say he's just trying to cause a lot of problems.
[15:34.920 --> 15:36.920]  Mm-hmm.
[15:36.920 --> 15:42.920]  I'm looking at Victoria County by saying I'm going through every possible step.
[15:42.920 --> 15:44.920]  Mm-hmm.
[15:44.920 --> 15:45.920]  Yeah, that's what you mean.
[15:45.920 --> 15:50.920]  It seems like less confrontational if you do them one at a time.
[15:50.920 --> 15:54.920]  You're just exercising your options.
[15:54.920 --> 15:56.920]  Yeah.
[15:56.920 --> 16:05.920]  I'm exercising every available avenue of redress.
[16:05.920 --> 16:06.920]  At least that's what I'm trying to do.
[16:06.920 --> 16:11.920]  At least give the impression that that's what I'm trying to do.
[16:11.920 --> 16:14.920]  Even though you know full well that's not going to work.
[16:14.920 --> 16:16.920]  You know what they're going to do.
[16:16.920 --> 16:17.920]  Yeah.
[16:17.920 --> 16:22.920]  But I get the satisfaction of playing them like a cheap fiddle.
[16:22.920 --> 16:32.920]  There is one district judge that was not around when the original problem occurred
[16:32.920 --> 16:35.920]  when they went after Dr. Joe.
[16:35.920 --> 16:37.920]  He wasn't there.
[16:37.920 --> 16:45.920]  He was there soon thereafter because the judge that was actually trying to
[16:45.920 --> 16:52.920]  liquidate his airplane died and was replaced with another one.
[16:52.920 --> 16:59.920]  He will be the last one to get the complaints because they'll all know who I'm after.
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[18:00.920 --> 18:03.920]  Rule of Law Radio is proud to offer the rule of law traffic center.
[18:03.920 --> 18:06.920]  In today's America, we live in an us-against-them society.
[18:06.920 --> 18:11.920]  If we the people are ever going to have a free society, then we're going to have to stand and defend our own rights.
[18:11.920 --> 18:16.920]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
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[18:49.920 --> 18:53.920]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
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[19:01.920 --> 19:04.920]  You are listening to the Logos Radio Network.
[19:04.920 --> 19:08.920]  LogosRadioNetwork.com
[19:08.920 --> 19:10.920]  The Texas Transportation Code
[19:38.920 --> 19:40.920]  The Texas Transportation Code
[19:52.920 --> 19:54.920]  Okay, we are back.
[19:54.920 --> 19:56.920]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[19:56.920 --> 20:03.920]  And I was kind of weaving a story about setting them up and playing them like a cheap fiddle.
[20:03.920 --> 20:09.920]  But our call board is full, so I will start going to our callers.
[20:09.920 --> 20:13.920]  First one is we have Ms. Tina Churlish.
[20:13.920 --> 20:15.920]  Hello, Ms. Churlish.
[20:15.920 --> 20:17.920]  I'm not Churlish.
[20:17.920 --> 20:18.920]  You know that.
[20:18.920 --> 20:22.920]  I know you have some words, but it doesn't work.
[20:22.920 --> 20:23.920]  Oh, that's right.
[20:23.920 --> 20:25.920]  You're a female bulldog.
[20:25.920 --> 20:27.920]  I forgot about that.
[20:27.920 --> 20:29.920]  You forgot about that.
[20:29.920 --> 20:32.920]  An English bull is that.
[20:32.920 --> 20:36.920]  I said yes.
[20:36.920 --> 20:39.920]  What do you have for us today?
[20:39.920 --> 20:45.920]  Well, two quick things that I'm sure you'll give me an answer to jive in my head.
[20:45.920 --> 20:54.920]  I'm about to file a motion to overturn one of the cases that they did against me where they took my house.
[20:54.920 --> 21:02.920]  And basically the judge did not have jurisdiction because when they filed the false grant deeds into the case,
[21:02.920 --> 21:14.920]  which is a felony, the person whose bankruptcy they filed it in did not have my property listed on her bankruptcy.
[21:14.920 --> 21:22.920]  They just claimed that I had sent them these grant deeds that said I had transferred my property to her, which I clearly didn't.
[21:22.920 --> 21:37.920]  So my question is should I put in a copy of my police report at the time that I filed about the four jurors,
[21:37.920 --> 21:49.920]  and should I also include some of the instances where this law firm has been spanked by judges in different areas of the country
[21:49.920 --> 21:54.920]  for doing the various things in court?
[21:54.920 --> 21:55.920]  Okay.
[21:55.920 --> 21:56.920]  Wait a minute.
[21:56.920 --> 21:58.920]  Something caught my attention back there.
[21:58.920 --> 22:04.920]  Your property was not claimed in the bankruptcy.
[22:04.920 --> 22:06.920]  So you're not a part of the bankruptcy.
[22:06.920 --> 22:09.920]  How do you have standing?
[22:09.920 --> 22:22.920]  Well, how did they have standing to file a motion for an emergency relief to take my property?
[22:22.920 --> 22:25.920]  Why not the neighbor's property?
[22:25.920 --> 22:26.920]  Yes.
[22:26.920 --> 22:28.920]  See, that's not part of the bankruptcy.
[22:28.920 --> 22:35.920]  The bankruptcy court should have no jurisdiction over the property that she has of yours
[22:35.920 --> 22:39.920]  because she hasn't included it in the bankruptcy.
[22:39.920 --> 22:48.920]  Oh, you could come in as a claimant because she owed the debt to you.
[22:48.920 --> 22:51.920]  Who owed the debt to me, sir?
[22:51.920 --> 22:54.920]  The woman that's filing bankruptcy.
[22:54.920 --> 23:06.920]  When you file bankruptcy, all the debtors have to file an action with the court to secure redress.
[23:06.920 --> 23:08.920]  Now, this is what happens with credit cards.
[23:08.920 --> 23:10.920]  They just don't show up.
[23:10.920 --> 23:17.920]  So you're a debtor, whether they named you or not, you're still a debtor.
[23:17.920 --> 23:23.920]  Well, how can I be a debtor when I never gave up the property?
[23:23.920 --> 23:31.920]  Was the property in her – did she have constructive control over the property?
[23:31.920 --> 23:33.920]  No.
[23:33.920 --> 23:37.920]  Then I'm not sure I understand what's going on then.
[23:37.920 --> 23:42.920]  Didn't you do this property on consignment to sell?
[23:42.920 --> 23:44.920]  No, that's totally different.
[23:44.920 --> 23:46.920]  This is my house.
[23:46.920 --> 23:48.920]  Oh, okay.
[23:48.920 --> 23:50.920]  I'm confused.
[23:50.920 --> 23:52.920]  Okay, so we're talking about your house.
[23:52.920 --> 23:57.920]  Let's start this again and maybe I can get this sorted out.
[23:57.920 --> 24:07.920]  The bank's attorney filed an ER order in this Fiskerfields bankruptcy,
[24:07.920 --> 24:15.920]  which that very day had been closed, claiming that I had transferred my property to her
[24:15.920 --> 24:22.920]  and this other party, and that they wanted an emergency relief granting, you know,
[24:22.920 --> 24:28.920]  the fact that I couldn't – no bankruptcy would go against my property or give protection.
[24:28.920 --> 24:34.920]  And I had never – those deeds that they filed claiming that they were recorded
[24:34.920 --> 24:39.920]  in the county recorder's office were never recorded in the county recorder's office.
[24:39.920 --> 24:45.920]  They were fabricated deeds with two recording numbers that belonged to other parties.
[24:45.920 --> 24:51.920]  But they told the court that they were recorded when they were not.
[24:51.920 --> 25:00.920]  And this is where they did not send me notice of promotion to my mailing address on record,
[25:00.920 --> 25:06.920]  and they did not notify my bankruptcy attorney because I was in my own bankruptcy at the time.
[25:06.920 --> 25:08.920]  They did not notify the trustee.
[25:08.920 --> 25:10.920]  They did it sneakily.
[25:10.920 --> 25:16.920]  And I was never notified of the order of the court granting that ER order.
[25:16.920 --> 25:19.920]  So, obviously, it's so that I couldn't do it.
[25:19.920 --> 25:23.920]  But now I'm trying to overturn it because the judge lacks jurisdiction.
[25:23.920 --> 25:30.920]  And I found out from my recent loan documents that I got from this other place
[25:30.920 --> 25:34.920]  that they had the correct mailing address on record.
[25:34.920 --> 25:38.920]  Because they didn't want me to know about the motion.
[25:38.920 --> 25:47.920]  And it's a felony under 115, 115, 114 to even submit fabricated documents
[25:47.920 --> 25:52.920]  into any court proceeding whether you manufactured them yourself.
[25:52.920 --> 25:57.920]  And an attorney is required to do the modicum of checking to...
[25:57.920 --> 25:59.920]  Okay, hold on.
[25:59.920 --> 26:02.920]  Are you using that Bluetooth?
[26:02.920 --> 26:04.920]  Yes, do you want me to take it off? Hold on.
[26:04.920 --> 26:07.920]  Oh, absolutely.
[26:07.920 --> 26:09.920]  Okay.
[26:09.920 --> 26:15.920]  Okay, so that's why I'm trying to overturn it.
[26:15.920 --> 26:17.920]  Okay, where are you at in the process?
[26:17.920 --> 26:20.920]  Are you in the Court of Appeals?
[26:20.920 --> 26:21.920]  No, no.
[26:21.920 --> 26:24.920]  I already took it in bankruptcy.
[26:24.920 --> 26:30.920]  You know, I tried before to get it overturned, and they refused and said I couldn't file anything more.
[26:30.920 --> 26:31.920]  But I don't care.
[26:31.920 --> 26:35.920]  I'm going to file again and ask them to overturn it because it's a void judgment
[26:35.920 --> 26:38.920]  because the judge had no jurisdiction.
[26:38.920 --> 26:39.920]  Wait a minute.
[26:39.920 --> 26:42.920]  What court are you in now?
[26:42.920 --> 26:43.920]  I'm not in any.
[26:43.920 --> 26:49.920]  I'm about to file it in the Court of Appeal, the Ninth Circuit.
[26:49.920 --> 26:52.920]  Okay, so you're just...
[26:52.920 --> 26:58.920]  You're at the point where the trial court has entered a final adjudication.
[26:58.920 --> 27:01.920]  And is this your first appeal?
[27:01.920 --> 27:08.920]  No, I appealed it at the time in 2018, but I didn't have some of the evidence I have now.
[27:08.920 --> 27:14.920]  So I'm going to try to overturn the judgment because it was void on its face.
[27:14.920 --> 27:17.920]  The judge had no jurisdiction to, you know...
[27:17.920 --> 27:19.920]  Okay.
[27:19.920 --> 27:25.920]  Now you're getting into some technical issues of how to reopen a case based on new evidence.
[27:25.920 --> 27:28.920]  Uh-huh.
[27:28.920 --> 27:33.920]  Have you researched how to do that in California?
[27:33.920 --> 27:38.920]  Yes.
[27:38.920 --> 27:40.920]  Okay, I was hoping for a little bit more.
[27:40.920 --> 27:43.920]  How do you do that in California?
[27:43.920 --> 27:49.920]  Well, you have to file under certain, you know, rules.
[27:49.920 --> 27:56.920]  It's Rule 60, I think it is, I'm looking it up here, 60B.
[27:56.920 --> 28:11.920]  And what I've got in here that I found is it can be set aside under 28 U.S.C., 1651 of the All Writs Act.
[28:11.920 --> 28:16.920]  Okay, you just cited a federal statute.
[28:16.920 --> 28:18.920]  Are you in the federal court with this?
[28:18.920 --> 28:20.920]  No, I'm not with you in the state court.
[28:20.920 --> 28:23.920]  No, bankruptcy is federal.
[28:23.920 --> 28:26.920]  Okay, so this is, I'm confused.
[28:26.920 --> 28:33.920]  So you're still in a, you're in a bankruptcy over your property that was foreclosed on?
[28:33.920 --> 28:36.920]  I'm not in a bankruptcy now.
[28:36.920 --> 28:38.920]  I was at the time.
[28:38.920 --> 28:39.920]  Okay, okay.
[28:39.920 --> 28:41.920]  So you're, this is still about bankruptcy.
[28:41.920 --> 28:44.920]  You're trying to reopen the bankruptcy.
[28:44.920 --> 28:56.920]  Yes, I'm trying to reopen the other party's bankruptcy and have them, you know, over to this judgment.
[28:56.920 --> 28:59.920]  Okay, now it's beginning to make sense.
[28:59.920 --> 29:06.920]  You said the other party's bankruptcy, not your bankruptcy.
[29:06.920 --> 29:08.920]  No, the other party's.
[29:08.920 --> 29:09.920]  This is-
[29:09.920 --> 29:10.920]  So that's how-
[29:10.920 --> 29:18.920]  This is where they claim that you transferred property to them when you didn't?
[29:18.920 --> 29:20.920]  Correct.
[29:20.920 --> 29:23.920]  Okay, that makes sense.
[29:23.920 --> 29:27.920]  Yeah, it took a while to stitch all those pieces together.
[29:27.920 --> 29:33.920]  Okay, so they claim that you transferred the property to them and then they bankrupted.
[29:33.920 --> 29:38.920]  So they tied up your property and their bankruptcy.
[29:38.920 --> 29:42.920]  That sounds like a pretty sophisticated scam.
[29:42.920 --> 29:46.920]  Yeah.
[29:46.920 --> 29:50.920]  They just didn't count on getting ahold of an English bulldog.
[29:50.920 --> 30:01.920]  Hang on, Randy Kelton, Brett Fountain, blah, blah radio, we'll be right back.
[30:01.920 --> 30:07.920]  It's clear cell phones have changed the way we live and work, but have they negatively affected our health?
[30:07.920 --> 30:14.920]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how cell phones may actually alter our brain chemistry.
[30:14.920 --> 30:16.920]  Privacy is under attack.
[30:16.920 --> 30:19.920]  When you give up data about yourself, you'll never get it back again.
[30:19.920 --> 30:24.920]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.920 --> 30:29.920]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.920 --> 30:32.920]  Privacy, it's worth hanging on to.
[30:32.920 --> 30:35.920]  This public service announcement is brought to you by StartPage.com,
[30:35.920 --> 30:39.920]  the private search engine alternative to Google, Yahoo, and Bing.
[30:39.920 --> 30:43.920]  Start over with StartPage.
[30:43.920 --> 30:46.920]  Cell phones emit radio frequency energy.
[30:46.920 --> 30:47.920]  It's a fact.
[30:47.920 --> 30:52.920]  But whether it's dangerous to have a phone beaming this kind of radiation near your head has been disputed.
[30:52.920 --> 30:56.920]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:56.920 --> 31:02.920]  Well, now the Journal of the American Medical Association is confirming that cell phones affect brain chemistry.
[31:02.920 --> 31:11.920]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest to the cell phone antenna increases when the cell phone is on.
[31:11.920 --> 31:16.920]  While researchers aren't sure whether this exposure causes damage, I'm not taking any chances.
[31:16.920 --> 31:20.920]  I always keep the phone far from my body, and I use a corded headset.
[31:20.920 --> 31:29.920]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:29.920 --> 31:34.920]  I lost my son, my nephew, my uncle, my son on September 11, 2001.
[31:34.920 --> 31:38.920]  Most people don't know that a third tower fell on September 11.
[31:38.920 --> 31:42.920]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.920 --> 31:46.920]  Although the official explanation is that fire brought down Building 7,
[31:46.920 --> 31:51.920]  over 1,200 architects and engineers have looked into the evidence and believe there is more to the story.
[31:51.920 --> 31:54.920]  Bring justice to my son, my uncle, my nephew, my son.
[31:54.920 --> 32:00.920]  Go to buildingwhat.org. Why it fell, why it matters, and what you can do.
[32:00.920 --> 32:05.920]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[32:05.920 --> 32:12.920]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk,
[32:12.920 --> 32:17.920]  where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[32:17.920 --> 32:24.920]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the Word of Truth.
[32:24.920 --> 32:28.920]  Starting in January, our first-hour studies are in the Book of Mark,
[32:28.920 --> 32:32.920]  where we'll go verse by verse and discuss the true Gospel message.
[32:32.920 --> 32:39.920]  Our second-hour topical studies will vary each week with discussions on sound doctrine and Christian character development.
[32:39.920 --> 32:43.920]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:43.920 --> 32:50.920]  Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus.
[32:50.920 --> 33:00.920]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[33:00.920 --> 33:14.920]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:30.920 --> 33:40.920]  The person's a race for Mr. Bush. The person's a race for Dick Cheney.
[33:40.920 --> 33:45.920]  Well, I need a prosecutor to come and help me prosecute them wicked leaders.
[33:45.920 --> 33:50.920]  You see, they're murderers, liars, them tellers. They're liars, they tell sick stories.
[33:50.920 --> 33:55.920]  They don't believe me, say what they're telling. 3% of Americans vote for me.
[33:55.920 --> 34:00.920]  So how the hell do you get the presidency? That's why I have a warrant for him.
[34:00.920 --> 34:04.920]  Everybody listen carefully. Listen to the words of the three shoes passing.
[34:04.920 --> 34:23.920]  The person's a race for Mr. Bush. A warrant for Dick Cheney.
[34:23.920 --> 34:29.920]  Well, we don't forget Rumsfield. Warrant for him. Dick Cheney. Warrant for him.
[34:29.920 --> 34:34.920]  Right above the citizens in the country. Them getting so mad and them getting angry.
[34:34.920 --> 34:39.920]  We have some warrant we need to solve. Need a prosecutor to come and help me.
[34:39.920 --> 34:44.920]  Prosecutor from any state will do. Come over and let me show them too.
[34:44.920 --> 35:04.920]  Okay, we are back. Randy Kelton, Brent Fountain, Brutal Law Radio. Tina, what is an unusual English term for sweet and kind that I can replace churlish with?
[35:04.920 --> 35:09.920]  Oh, I guess it'd be better if I unmute you. There you go. Okay.
[35:09.920 --> 35:14.920]  I said I will have to go look and find the very best ones that you can use.
[35:14.920 --> 35:22.920]  Okay. If your goal was to teach Randy a new vocabulary word, I think that one's going to stick with him really well.
[35:22.920 --> 35:26.920]  Yes, it will. But it's time for him to have a new one.
[35:26.920 --> 35:33.920]  Yeah, I told Brent that I'm having way too much fun with churlish. I've got to find something else.
[35:33.920 --> 35:44.920]  Okay, so now it's making sense. You might actually get this done yet.
[35:44.920 --> 35:49.920]  And the court can huff and puff and threaten you with sanctions.
[35:49.920 --> 36:00.920]  How would they threaten you with sanctions for vigorously adjudicating your case?
[36:00.920 --> 36:04.920]  I don't know. I'm sure they'll try to beat away.
[36:04.920 --> 36:14.920]  They will. But this will eventually get out of hearing and probably get to the Supreme.
[36:14.920 --> 36:22.920]  Yes, especially when it's a felony. It's a little felony to put fabricated documents into court.
[36:22.920 --> 36:30.920]  And if an attorney can't pick up the phone to the recorder's office and just check whether they really are recorded in the balance, then...
[36:30.920 --> 36:37.920]  Okay, he doesn't even need to pick up the phone. He can just go online and check himself.
[36:37.920 --> 36:41.920]  And any time he's in California, he can't pick up those documents anyway.
[36:41.920 --> 36:46.920]  You can go on PACER and pull down anybody's bankruptcy.
[36:46.920 --> 36:52.920]  No, but you can't fix the validity of the recorded documents that the county recorded.
[36:52.920 --> 36:56.920]  You can get that from the county recorder.
[36:56.920 --> 36:58.920]  I can. That's what I did.
[36:58.920 --> 37:06.920]  And they're all online. So he can't say he didn't know because they're recorded in the public.
[37:06.920 --> 37:12.920]  And whatever is in the public, he is presumed to know.
[37:12.920 --> 37:18.920]  Okay, presumed to know.
[37:18.920 --> 37:26.920]  These guys say he knew or should know.
[37:26.920 --> 37:32.920]  So they can maneuver in the trial court.
[37:32.920 --> 37:38.920]  But when they get out of the trial court into the Court of Appeals, it gets a whole lot different.
[37:38.920 --> 37:47.920]  You know, I'm taking on things here in Texas that the trial court will not touch with a 10-foot pole, and I know they won't.
[37:47.920 --> 37:48.920]  They will throw this...
[37:48.920 --> 37:55.920]  When I come in with a 1617 complaint, there's no 1617 order in the record.
[37:55.920 --> 38:04.920]  If they rule in my favor, it will render every criminal prosecution the last 30 years void.
[38:04.920 --> 38:07.920]  So they're not going to do that.
[38:07.920 --> 38:10.920]  And then once I get past them into the appellate court...
[38:10.920 --> 38:20.920]  Now, the appellate court has to maintain the sanctity of the corpus juris, the body of law.
[38:20.920 --> 38:23.920]  Now it gets real serious.
[38:23.920 --> 38:28.920]  So you're standing on those kinds of issues.
[38:28.920 --> 38:35.920]  How are they going to rule against you and say, yes, it's okay for lawyers in California?
[38:35.920 --> 38:42.920]  Now, this is actually in the federal court to file fraudulent documents into bankruptcy.
[38:42.920 --> 38:51.920]  That means everybody in the United States can file fraudulent documents into bankruptcy.
[38:51.920 --> 38:54.920]  They're not going to want that to happen.
[38:54.920 --> 39:00.920]  That's when they'll come to you and say, let's make a deal.
[39:00.920 --> 39:05.920]  Just hang in there.
[39:05.920 --> 39:13.920]  And maybe file those criminal complaints as an addendum to my motion to overturn the judgment.
[39:13.920 --> 39:19.920]  So they see that I've filed criminal complaints against the attorneys for the filing the...
[39:19.920 --> 39:23.920]  for the felony they committed in this court.
[39:23.920 --> 39:25.920]  Then they'll know it's serious.
[39:25.920 --> 39:31.920]  Has anything occurred subsequent to your criminal filing against the attorney?
[39:31.920 --> 39:36.920]  I haven't done it yet. I thought I would do it at the same time.
[39:36.920 --> 39:38.920]  Oh, okay.
[39:38.920 --> 39:50.920]  Because you can be relatively sure that a local prosecutor is not going to want to take criminal action against a huge law firm.
[39:50.920 --> 39:58.920]  So now you'll get into my area beating up prosecutors.
[39:58.920 --> 40:02.920]  We need to look at California law.
[40:02.920 --> 40:14.920]  And we need to look at the details of how criminal complaints move through the system by statute.
[40:14.920 --> 40:17.920]  That's the way I got them here.
[40:17.920 --> 40:25.920]  The thing you want to look for is prosecutorial discretion.
[40:25.920 --> 40:33.920]  Prosecutors, everything about their job relies on their discretion concerning prosecutions.
[40:33.920 --> 40:38.920]  And California law, the law itself is well written.
[40:38.920 --> 40:44.920]  It's the closest law I've seen to Texas.
[40:44.920 --> 40:46.920]  The remedies are in there.
[40:46.920 --> 40:56.920]  So you want to set the prosecutor up so when he tries to protect these big lawyers or law firms,
[40:56.920 --> 41:07.920]  then you get to come after the prosecutor and go to the courts with a question they do not want to answer.
[41:07.920 --> 41:14.920]  And they're likely to give you the ruling you want on a different reason.
[41:14.920 --> 41:18.920]  That's what they did in the Pixler case.
[41:18.920 --> 41:28.920]  They spent five months looking for a way to dismiss this case that did not include the issue we brought.
[41:28.920 --> 41:34.920]  So when they dismissed the case, the issue we brought became moot.
[41:34.920 --> 41:40.920]  We brought the issue that a ordinance when applied to the public was unconstitutional.
[41:40.920 --> 41:43.920]  They did not want to touch that.
[41:43.920 --> 41:49.920]  So they get a ruling in our favor, all the ordinances in the state of Texas go in the trash can.
[41:49.920 --> 41:54.920]  So they're saying, how can we keep this out of the courts?
[41:54.920 --> 41:57.920]  So you want those kind of positions.
[41:57.920 --> 42:07.920]  And since now you're filing criminal charges, that will give you statewide leverage.
[42:07.920 --> 42:18.920]  So when the prosecutor doesn't want to prosecute, you can bring up an issue that they absolutely are not going to want to get to the Supreme.
[42:18.920 --> 42:20.920]  This is how we win it, guys.
[42:20.920 --> 42:23.920]  We don't win it in court.
[42:23.920 --> 42:28.920]  We win it at the negotiating table.
[42:28.920 --> 42:29.920]  Come to you and make a deal.
[42:29.920 --> 42:30.920]  Okay.
[42:30.920 --> 42:32.920]  I kind of took over things.
[42:32.920 --> 42:34.920]  I'll shut up now.
[42:34.920 --> 42:40.920]  Well, I'll take note of that and start reading and get my criminal complaints all ready to go at the same time.
[42:40.920 --> 42:53.920]  My second quick question is, the judge in my case against the attorney that I've been going against, who keeps ruling everything with the rest of the court,
[42:53.920 --> 43:11.920]  how do I know how to file a criminal complaint that will stand against her from the part where I stand under the California Constitution where it says a citizen or class of citizens may not-
[43:11.920 --> 43:12.920]  Okay.
[43:12.920 --> 43:13.920]  Hold on.
[43:13.920 --> 43:17.920]  I think you have a misconception.
[43:17.920 --> 43:22.920]  Criminal is totally different than civil.
[43:22.920 --> 43:27.920]  This judge, he doesn't even get to look at your criminal.
[43:27.920 --> 43:32.920]  Brez Judicata has nothing to do with criminal.
[43:32.920 --> 43:36.920]  None of that's going to have anything to do with anything.
[43:36.920 --> 43:38.920]  Facts and laws.
[43:38.920 --> 43:41.920]  This goes to a criminal court, not a civil court.
[43:41.920 --> 43:42.920]  It's a whole different animal.
[43:42.920 --> 43:43.920]  Hang on.
[43:43.920 --> 43:47.920]  Randy Kelton, Brett Fountain.
[43:47.920 --> 43:50.920]  I'm not going to say Tina Churley.
[43:50.920 --> 43:54.920]  I'm just not going to say that.
[43:54.920 --> 43:55.920]  That's good, Randy.
[43:55.920 --> 43:56.920]  That's the kind of guy I am.
[43:56.920 --> 43:59.920]  We'll be right back.
[43:59.920 --> 44:05.920]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[44:05.920 --> 44:10.920]  People feed their pets better than they feed themselves, and it's time we changed all that.
[44:10.920 --> 44:16.920]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[44:16.920 --> 44:21.920]  In a world where natural fruits have been irradiated, adulterated, and mutilated,
[44:21.920 --> 44:24.920]  young Jevity can provide the nutrients you need.
[44:24.920 --> 44:30.920]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
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[44:59.920 --> 45:02.920]  Are you the plaintiff or defendant in a lawsuit?
[45:02.920 --> 45:06.920]  Win your case without an attorney with Jurisdictionary,
[45:06.920 --> 45:14.920]  the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step.
[45:14.920 --> 45:18.920]  If you have a lawyer, know what your lawyer should be doing.
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[45:22.920 --> 45:27.920]  Thousands have won with our step-by-step course, and now you can too.
[45:27.920 --> 45:33.920]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:33.920 --> 45:38.920]  Even if you're not in a lawsuit, you can learn what everyone should understand
[45:38.920 --> 45:42.920]  about the principles and practices that control our American courts.
[45:42.920 --> 45:48.920]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
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[45:51.920 --> 46:03.920]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:21.920 --> 46:23.920]  Thank you.
[46:51.920 --> 46:59.920]  Okay.
[46:59.920 --> 47:00.920]  We are back.
[47:00.920 --> 47:05.920]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Tina in California.
[47:05.920 --> 47:07.920]  Okay, Tina.
[47:07.920 --> 47:08.920]  Okay.
[47:08.920 --> 47:09.920]  Where are we?
[47:09.920 --> 47:11.920]  Maybe I should raise the question.
[47:11.920 --> 47:17.920]  How do you identify what you can file as a criminal charge against the judge?
[47:17.920 --> 47:21.920]  How do you identify what it could be?
[47:21.920 --> 47:35.920]  One way that's pretty easy and a catch-off, every state has a statute that mimics 18 U.S. Code 242.
[47:35.920 --> 47:42.920]  And I was listening to someone talking, oh, I was listening to a news program where they found
[47:42.920 --> 47:48.920]  that these public officials had violated these laws, but they didn't pursue them
[47:48.920 --> 47:53.920]  because the statute did not prescribe a punishment.
[47:53.920 --> 47:56.920]  I said, what?
[47:56.920 --> 48:00.920]  The statute doesn't need to prescribe a punishment.
[48:00.920 --> 48:09.920]  18 U.S. Code 242 and its mirror in the state law prescribes a punishment.
[48:09.920 --> 48:16.920]  Any time a public official violates a law relating to his office by exerting or purporting to
[48:16.920 --> 48:22.920]  exert authority he doesn't have or failing to perform a duty he's required to perform
[48:22.920 --> 48:27.920]  and denies a citizen in the full and free access to him with a right, that's a crime.
[48:27.920 --> 48:30.920]  It doesn't matter what law they violate.
[48:30.920 --> 48:32.920]  It's a crime.
[48:32.920 --> 48:38.920]  And that statute prescribes a punishment.
[48:38.920 --> 48:41.920]  So that's your catch-all.
[48:41.920 --> 48:44.920]  You can get them more specific.
[48:44.920 --> 48:50.920]  Like if a judge, like when I went into court and I wanted the judge to turn sound up,
[48:50.920 --> 48:56.920]  he wouldn't do it, so I wanted to arrest him for official oppression,
[48:56.920 --> 49:01.920]  for not providing me accommodation on the Americans with Disabilities Act.
[49:01.920 --> 49:07.920]  The Americans with Disabilities Act did not need to prescribe a punishment.
[49:07.920 --> 49:09.920]  3903 is a catch-all.
[49:09.920 --> 49:12.920]  So any time you find the judge doing something wrong,
[49:12.920 --> 49:21.920]  especially where the judge fails to properly apply the law to the facts, that's his job.
[49:21.920 --> 49:25.920]  Determine the facts in accordance with the rules of evidence.
[49:25.920 --> 49:28.920]  Apply the laws that come to him to the facts in the case.
[49:28.920 --> 49:33.920]  If he doesn't do that, he committed a crime.
[49:33.920 --> 49:35.920]  Everywhere he doesn't do that.
[49:35.920 --> 49:39.920]  You know, they say, well, if you don't like my ruling, you can appeal.
[49:39.920 --> 49:41.920]  I say, yeah, I can.
[49:41.920 --> 49:44.920]  I can appeal to a court of appeals.
[49:44.920 --> 49:51.920]  I can also appeal to a grand jury to indict your behind.
[49:51.920 --> 49:54.920]  Now, back to your question.
[49:54.920 --> 50:02.920]  How do you find a complaint you can file against the judge?
[50:02.920 --> 50:12.920]  Look at any ruling that he has ruled that appears to have not properly applied the law to the facts.
[50:12.920 --> 50:15.920]  File on him.
[50:15.920 --> 50:19.920]  Let him explain to a grand jury why he shouldn't be indicted.
[50:19.920 --> 50:27.920]  Now, the prosecutor is going to jump in the middle of that and try to shield the judge from prosecution.
[50:27.920 --> 50:31.920]  That's why we need to look at California law.
[50:31.920 --> 50:47.920]  What does the criminal procedure code for California say about how a criminal accusation is to move through the system?
[50:47.920 --> 50:54.920]  In Texas, and all of them are going to be similar because it almost has to work this way.
[50:54.920 --> 50:58.920]  In Texas, a complaint is never directed to a prosecutor.
[50:58.920 --> 51:01.920]  It's always directed to a magistrate.
[51:01.920 --> 51:07.920]  In every state I've looked at, complaints are directed to some magistrate,
[51:07.920 --> 51:15.920]  and the magistrate is supposed to hold an examining trial when a prosecutor receives a complaint.
[51:15.920 --> 51:21.920]  In Texas, he is required to give it to some magistrate and to reduce it to an information
[51:21.920 --> 51:31.920]  and submit that to the court that would have original jurisdiction or, if it's a felony, to the grand jury.
[51:31.920 --> 51:37.920]  There's nothing in there that says, oh, well, you can decide if you want to prosecute or not want to prosecute.
[51:37.920 --> 51:40.920]  There's nothing in there about that.
[51:40.920 --> 51:42.920]  It says, this is what he is to do.
[51:42.920 --> 51:44.920]  I'm in Texas.
[51:44.920 --> 51:51.920]  There's nothing in there that authorizes a prosecuting attorney to exercise discretion,
[51:51.920 --> 51:59.920]  like in your case, Tina, you filed one state charge and a bunch of federal charges.
[51:59.920 --> 52:02.920]  And when I read them, I said, these are all federal.
[52:02.920 --> 52:07.920]  And the prosecutor read them, and he said, these are all federal, so I don't have jurisdiction.
[52:07.920 --> 52:13.920]  And I said, where the heck did you get authority to make that determination?
[52:13.920 --> 52:15.920]  Yeah, you were right.
[52:15.920 --> 52:17.920]  So what?
[52:17.920 --> 52:20.920]  You never got authority to make that determination.
[52:20.920 --> 52:28.920]  You have to go to the judge and say, Your Honor, I have been charged with prosecuting this particular case,
[52:28.920 --> 52:32.920]  but I don't believe we have subject matter jurisdiction.
[52:32.920 --> 52:37.920]  And I'm asking you to dismiss the charges for lack of jurisdiction.
[52:37.920 --> 52:39.920]  And the judge can dismiss it.
[52:39.920 --> 52:42.920]  He cannot.
[52:42.920 --> 52:46.920]  We have a case in Texas, Kennedy v. State.
[52:46.920 --> 52:53.920]  In order to avoid the obvious evils of the accumulation of power in any one office
[52:53.920 --> 53:00.920]  for the purpose of filing a criminal complaint, a prosecuting attorney is not a credible person.
[53:00.920 --> 53:08.920]  And that was to prevent prosecutors from initiating prosecutions on their own.
[53:08.920 --> 53:17.920]  Our founders were very conscious of the dangers of out-of-control prosecutors.
[53:17.920 --> 53:26.920]  They were very conscious of prosecutors creating exactly the condition we have right now.
[53:26.920 --> 53:28.920]  And prohibitions were put in place.
[53:28.920 --> 53:30.920]  We needed to exercise them.
[53:30.920 --> 53:39.920]  When you go to the court claiming that the prosecutor has zero authority to dismiss the case,
[53:39.920 --> 53:43.920]  what do you think every prosecutor in the state is going to do?
[53:43.920 --> 53:45.920]  Shake a little.
[53:45.920 --> 53:47.920]  Yeah, they're going to shake in their boots.
[53:47.920 --> 53:52.920]  And they're going to tell these guys, You better make this not happen.
[53:52.920 --> 53:57.920]  You better find some way of handling this case, make this person happy,
[53:57.920 --> 54:01.920]  so they don't pursue this line of appeal.
[54:01.920 --> 54:04.920]  That's what they did in the picture case.
[54:04.920 --> 54:10.920]  They come up with some really nitpicking, Before you can hold this kind of hearing,
[54:10.920 --> 54:17.920]  you've got to convene a meeting of the council and vote on whether or not you can hold this kind of hearing.
[54:17.920 --> 54:19.920]  And you never did that.
[54:19.920 --> 54:22.920]  They threw it out on that.
[54:22.920 --> 54:25.920]  They dismissed it like we wanted them to.
[54:25.920 --> 54:27.920]  They gave us our ruling.
[54:27.920 --> 54:33.920]  Had they not gave us the ruling in our favor, we could have appealed it.
[54:33.920 --> 54:37.920]  And that's what they didn't want to happen.
[54:37.920 --> 54:45.920]  So the one thing I think I might be able to figure out a way to say it is,
[54:45.920 --> 54:56.920]  when the judge gave them the right to the line that granted the litigation privilege,
[54:56.920 --> 55:01.920]  because our Constitution in California states that a citizen or class of citizens
[55:01.920 --> 55:10.920]  may not be granted privileges or immunities, not granted in the same terms to all citizens.
[55:10.920 --> 55:13.920]  But the attorneys get the litigation privilege.
[55:13.920 --> 55:21.920]  That's the privilege that's not granted to both same citizens.
[55:21.920 --> 55:25.920]  Would that fit the bill?
[55:25.920 --> 55:26.920]  I'm sorry.
[55:26.920 --> 55:29.920]  I kind of got distracted.
[55:29.920 --> 55:37.920]  I'm in my office and my wife saw a bug on my shirt and smashed it.
[55:37.920 --> 55:45.920]  It was a harmless little bug and she smashed it on my shirt.
[55:45.920 --> 55:46.920]  Okay.
[55:46.920 --> 55:48.920]  I'm sorry.
[55:48.920 --> 55:50.920]  Say that again.
[55:50.920 --> 55:51.920]  I'm here.
[55:51.920 --> 55:52.920]  Get out.
[55:52.920 --> 55:53.920]  Get out.
[55:53.920 --> 55:54.920]  Go away.
[55:54.920 --> 55:55.920]  Whack, whack.
[55:55.920 --> 55:57.920]  Smack of that.
[55:57.920 --> 55:58.920]  No, honey.
[55:58.920 --> 55:59.920]  Don't hit me again.
[55:59.920 --> 56:01.920]  Hey, quit beating me.
[56:01.920 --> 56:03.920]  This is almost as good as telling my mother.
[56:03.920 --> 56:04.920]  That was just her excuse.
[56:04.920 --> 56:06.920]  She promised me that she saw one.
[56:06.920 --> 56:12.920]  Telling my mother, no, mom, don't beat me with that two by four.
[56:12.920 --> 56:13.920]  That one went out on the air.
[56:13.920 --> 56:14.920]  That was great.
[56:14.920 --> 56:15.920]  Okay.
[56:15.920 --> 56:16.920]  I'm sorry.
[56:16.920 --> 56:17.920]  Say that again.
[56:17.920 --> 56:18.920]  Okay.
[56:18.920 --> 56:25.920]  So under the California Constitution, a citizen or class of citizens may not be granted privileges
[56:25.920 --> 56:31.920]  or immunities, not granted on the same term to all citizens.
[56:31.920 --> 56:36.920]  And so yet she granted litigation privilege to these attorneys.
[56:36.920 --> 56:39.920]  That is perfect.
[56:39.920 --> 56:41.920]  Nice angle.
[56:41.920 --> 56:46.920]  These attorneys swallow their gum.
[56:46.920 --> 56:53.920]  If all of a sudden they have to come in court and tell the truth, holy mackerel.
[56:53.920 --> 56:56.920]  So yeah, that one would be absolutely excellent.
[56:56.920 --> 56:59.920]  Go after her for criminals, for not failing to inform them.
[56:59.920 --> 57:01.920]  Wait, wait, wait.
[57:01.920 --> 57:02.920]  No, no, no.
[57:02.920 --> 57:04.920]  No, that's our point.
[57:04.920 --> 57:06.920]  It's a great thing to go after them.
[57:06.920 --> 57:14.920]  But you want to use this in conjunction with something you want them to do.
[57:14.920 --> 57:20.920]  So you're going to ask them to do something they don't want to do.
[57:20.920 --> 57:27.920]  And like here where you're filing a criminal complaint with a prosecuting attorney
[57:27.920 --> 57:34.920]  and you don't want the prosecuting attorney to exercise discretion.
[57:34.920 --> 57:43.920]  So when he tries to exercise discretion, you want to bring up at least two issues.
[57:43.920 --> 57:51.920]  One, that the prosecutor has no authority to exercise discretion.
[57:51.920 --> 57:58.920]  And then a different issue that would be easier for them to rule on.
[57:58.920 --> 58:07.920]  Like you have to give this to the prosecutor or have the prosecutor look at your complaint
[58:07.920 --> 58:16.920]  and then petition the court to dismiss the case for some other reason.
[58:16.920 --> 58:26.920]  So give them two reasons to dismiss so that he's not asking the court to dismiss the case
[58:26.920 --> 58:33.920]  based on the issue they don't want to rule on.
[58:33.920 --> 58:38.920]  But give them something else they can rule on instead.
[58:38.920 --> 58:39.920]  Okay.
[58:39.920 --> 58:41.920]  Or whatever ruling you want.
[58:41.920 --> 58:48.920]  Give them a way to give you that ruling without hamstringing themselves.
[59:11.920 --> 59:34.920]  All right.
[59:34.920 --> 01:00:01.920]  All right.
[01:00:01.920 --> 01:00:05.920]  The bill of rights contains the first 10 amendments of our Constitution.
[01:00:05.920 --> 01:00:08.920]  They guarantee the specific freedoms Americans should know and protect.
[01:00:08.920 --> 01:00:10.920]  Our liberty depends on it.
[01:00:10.920 --> 01:00:13.920]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way
[01:00:13.920 --> 01:00:16.920]  to remember one of your constitutional rights.
[01:00:16.920 --> 01:00:18.920]  Privacy is under attack.
[01:00:18.920 --> 01:00:21.920]  When you give up data about yourself, you'll never get it back again.
[01:00:21.920 --> 01:00:26.920]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:26.920 --> 01:00:31.920]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:31.920 --> 01:00:34.920]  Privacy, it's worth hanging onto.
[01:00:34.920 --> 01:00:37.920]  This public service announcement is brought to you by Startpage.com,
[01:00:37.920 --> 01:00:41.920]  the private search engine alternative to Google, Yahoo, and Bing.
[01:00:41.920 --> 01:00:45.920]  Start over with Startpage.
[01:00:45.920 --> 01:00:48.920]  Imagine your mom and dad are getting ready for bed.
[01:00:48.920 --> 01:00:51.920]  They pull back the covers and find a third party there.
[01:00:51.920 --> 01:00:54.920]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.920 --> 01:00:57.920]  That shocking image of a third party in my parents' bed
[01:00:57.920 --> 01:01:00.920]  reminds me what the Third Amendment was designed to prevent.
[01:01:00.920 --> 01:01:03.920]  It protects us from being forced to share our homes with soldiers,
[01:01:03.920 --> 01:01:06.920]  a common demand in the days of our founding fathers.
[01:01:06.920 --> 01:01:09.920]  Third party? Third Amendment? Get it?
[01:01:09.920 --> 01:01:12.920]  So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:12.920 --> 01:01:16.920]  tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:16.920 --> 01:01:31.920]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.920 --> 01:01:35.920]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.920 --> 01:01:38.920]  They guarantee a specific freedom Americans should know and protect.
[01:01:38.920 --> 01:01:40.920]  Our liberty depends on it.
[01:01:40.920 --> 01:01:43.920]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:01:43.920 --> 01:01:46.920]  to remember one of your constitutional rights.
[01:02:14.920 --> 01:02:18.920]  Imagine four eyes staring at you through binoculars,
[01:02:18.920 --> 01:02:21.920]  a magnifying glass, or a pair of x-ray goggles.
[01:02:21.920 --> 01:02:25.920]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom
[01:02:25.920 --> 01:02:27.920]  from unreasonable search and seizure.
[01:02:27.920 --> 01:02:30.920]  Fourth Amendment? Four eyes staring at you? Get it?
[01:02:30.920 --> 01:02:33.920]  Unfortunately, the government is trampling our Fourth Amendment rights
[01:02:33.920 --> 01:02:34.920]  in the name of security.
[01:02:34.920 --> 01:02:39.920]  Keys in point, TSA airport scanners that peer under your clothing.
[01:02:39.920 --> 01:02:42.920]  When government employees demand a peek at your privates without probable cause,
[01:02:42.920 --> 01:02:46.920]  I say it's time to sound the constitutional alarm bells.
[01:02:46.920 --> 01:02:49.920]  Join me in asking our representatives to dust off the Bill of Rights
[01:02:49.920 --> 01:02:53.920]  and use their googly eyes to take a gander at the Fourth.
[01:02:53.920 --> 01:03:22.920]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:23.920 --> 01:03:25.920]  Okay, we are back.
[01:03:25.920 --> 01:03:27.920]  Randy Kelton, Brett Fountain, Wheel of War Radio,
[01:03:27.920 --> 01:03:29.920]  and we're talking to Tina in California.
[01:03:29.920 --> 01:03:36.920]  And Tina, you know I'm going to be in trouble tomorrow.
[01:03:36.920 --> 01:03:40.920]  My wife heard me laughing at her on the air.
[01:03:40.920 --> 01:03:45.920]  I'm going to be in big trouble.
[01:03:45.920 --> 01:03:51.920]  She has a tendency not to find things near as funny as I do.
[01:03:51.920 --> 01:03:54.920]  It's a strange phenomenon.
[01:03:54.920 --> 01:03:57.920]  Okay, I kind of got distracted in that last one.
[01:03:57.920 --> 01:04:01.920]  I'm not sure I made sense there at the end.
[01:04:01.920 --> 01:04:06.920]  Well, maybe I'll have to call you sometime this weekend or next week and talk further
[01:04:06.920 --> 01:04:09.920]  because I really want to go after this judge right now
[01:04:09.920 --> 01:04:13.920]  while I've got the motion for reconsideration going.
[01:04:13.920 --> 01:04:16.920]  And so let's come up with a plan that I can really focus.
[01:04:16.920 --> 01:04:21.920]  By the way, instead of Churlish, you could call me Tina Charming.
[01:04:21.920 --> 01:04:25.920]  Oh, I could do that because that wouldn't be near as much.
[01:04:25.920 --> 01:04:29.920]  But yeah, I'll do Tina Charming. I can do that.
[01:04:29.920 --> 01:04:31.920]  That means sweet.
[01:04:31.920 --> 01:04:33.920]  Yeah, it does.
[01:04:33.920 --> 01:04:35.920]  Then you go.
[01:04:35.920 --> 01:04:41.920]  Okay, contact me off the air and we'll do some strategizing.
[01:04:41.920 --> 01:04:47.920]  I'm going to be in Austin Sunday and Monday, so I'll probably be hard to reach.
[01:04:47.920 --> 01:04:51.920]  It will be Tuesday before I'm back in the office.
[01:04:51.920 --> 01:04:55.920]  Okay, that works well for me too, so yeah.
[01:04:55.920 --> 01:04:57.920]  Okay, thank you, Tina.
[01:04:57.920 --> 01:05:00.920]  We'll go to the listen line so someone else can come on.
[01:05:00.920 --> 01:05:02.920]  Okay.
[01:05:02.920 --> 01:05:04.920]  Okay, good night.
[01:05:04.920 --> 01:05:06.920]  Good night.
[01:05:06.920 --> 01:05:10.920]  Oh, sorry, I had a sneeze coming on.
[01:05:10.920 --> 01:05:15.920]  Okay, now we're going to EJ in California.
[01:05:15.920 --> 01:05:16.920]  Hello, EJ.
[01:05:16.920 --> 01:05:21.920]  What do you have for us today?
[01:05:21.920 --> 01:05:23.920]  Hi.
[01:05:23.920 --> 01:05:29.920]  So I wrote a letter to the chief of police.
[01:05:29.920 --> 01:05:47.920]  It was a claims letter and saying that if my claim is not met, then I will sue the police department and enlist all the police officers.
[01:05:47.920 --> 01:06:09.920]  So I got the green card back and then this week I received a letter from a third-party liability claimant administrator for the city, not the department, the police department.
[01:06:09.920 --> 01:06:17.920]  So now the city... The city will always answer for the police department.
[01:06:17.920 --> 01:06:20.920]  Okay.
[01:06:20.920 --> 01:06:33.920]  So for the 1983, I did put the city instead of the police department, in your opinion, is that the way to go?
[01:06:33.920 --> 01:06:40.920]  In order to get... It depends on how you craft your suit.
[01:06:40.920 --> 01:06:53.920]  If you sue the individuals in their individual capacity, alleging that they acted outside of the scope of their authority, then you go to the individuals themselves.
[01:06:53.920 --> 01:07:02.920]  If you sue them for following policy, then you essentially sue the city.
[01:07:02.920 --> 01:07:07.920]  You just name them as litigants, but you are suing the jurisdiction.
[01:07:07.920 --> 01:07:09.920]  The jurisdiction.
[01:07:09.920 --> 01:07:11.920]  Okay.
[01:07:11.920 --> 01:07:14.920]  Could I name the individuals?
[01:07:14.920 --> 01:07:15.920]  Oh, absolutely.
[01:07:15.920 --> 01:07:18.920]  Always name them.
[01:07:18.920 --> 01:07:22.920]  But they will treat the suit as a suit against the city.
[01:07:22.920 --> 01:07:29.920]  All of the individual actors named in the suit need to be named as parties.
[01:07:29.920 --> 01:07:33.920]  As parties.
[01:07:33.920 --> 01:07:34.920]  Defendants.
[01:07:34.920 --> 01:07:35.920]  Okay.
[01:07:35.920 --> 01:07:36.920]  As defendants.
[01:07:36.920 --> 01:07:37.920]  Okay.
[01:07:37.920 --> 01:07:39.920]  That's what I did.
[01:07:39.920 --> 01:07:42.920]  So they said they're investigating...
[01:07:42.920 --> 01:07:46.920]  Would you mind if I read this letter to you?
[01:07:46.920 --> 01:07:49.920]  By all means.
[01:07:49.920 --> 01:07:59.920]  Okay.
[01:08:19.920 --> 01:08:39.920]  That sounds like it was done exactly right.
[01:08:39.920 --> 01:08:42.920]  She said 45 or more days.
[01:08:42.920 --> 01:08:53.920]  Most every jurisdiction in the country I've looked at requires that you file a tort letter at least 60 days before filing suit.
[01:08:53.920 --> 01:08:59.920]  So she timed it right in accordance with that 60-day limit.
[01:08:59.920 --> 01:09:05.920]  They can't go past 60 days because you can just go ahead and sue anyway.
[01:09:05.920 --> 01:09:09.920]  If they try to stall it out, you go ahead and file your suit anyway.
[01:09:09.920 --> 01:09:16.920]  And then you can just move the suit, the negotiations into mediation in the lawsuit.
[01:09:16.920 --> 01:09:20.920]  But this lets them know you mean business.
[01:09:20.920 --> 01:09:21.920]  Okay.
[01:09:21.920 --> 01:09:22.920]  Great.
[01:09:22.920 --> 01:09:24.920]  Second question.
[01:09:24.920 --> 01:09:26.920]  I think I'm doing this right.
[01:09:26.920 --> 01:09:29.920]  The second question is the DA.
[01:09:29.920 --> 01:09:36.920]  So also the other parties entering the 1983 would be the DA's office.
[01:09:36.920 --> 01:09:44.920]  They never got a copy of the surveillance footage.
[01:09:44.920 --> 01:09:54.920]  Yes, I can try to get it, but obstacles like the lawyers trying to put City of Orange, I mean County of Orange versus me.
[01:09:54.920 --> 01:09:55.920]  Okay.
[01:09:55.920 --> 01:09:57.920]  Hold on.
[01:09:57.920 --> 01:09:58.920]  Hold on.
[01:09:58.920 --> 01:10:01.920]  Where were you trying to get the footage?
[01:10:01.920 --> 01:10:06.920]  Were you trying to get that in the criminal case?
[01:10:06.920 --> 01:10:07.920]  Yes.
[01:10:07.920 --> 01:10:08.920]  Correct, Randy.
[01:10:08.920 --> 01:10:09.920]  That is correct.
[01:10:09.920 --> 01:10:10.920]  Okay.
[01:10:10.920 --> 01:10:11.920]  Yeah.
[01:10:11.920 --> 01:10:13.920]  And they absolutely don't want you to have it.
[01:10:13.920 --> 01:10:24.920]  So, okay, California's, you can do pre-litigation discovery.
[01:10:24.920 --> 01:10:27.920]  And I think you could probably ask for that.
[01:10:27.920 --> 01:10:40.920]  Generally, most states for pre-litigation discovery have, you're authorized to do depositions.
[01:10:40.920 --> 01:10:46.920]  But in the depositions, you can ask about everything that occurred that's on the videos.
[01:10:46.920 --> 01:10:51.920]  You can get all the information you want about the videos.
[01:10:51.920 --> 01:10:52.920]  Texas is different.
[01:10:52.920 --> 01:10:55.920]  Texas, you get everything in pre-litigation discovery.
[01:10:55.920 --> 01:10:57.920]  Wow.
[01:10:57.920 --> 01:11:08.920]  So the fact that you are continually requesting these videos will prevent them from destroying them.
[01:11:08.920 --> 01:11:14.920]  Because generally, they copy over them every six months.
[01:11:14.920 --> 01:11:19.920]  But if there's any kind of litigation or potential for litigation, then they have to hold them.
[01:11:19.920 --> 01:11:23.920]  Otherwise, it would be spoiling, spoilation.
[01:11:23.920 --> 01:11:28.920]  They would be destroying what could be evidence.
[01:11:28.920 --> 01:11:31.920]  Does that make sense?
[01:11:31.920 --> 01:11:32.920]  Yes.
[01:11:32.920 --> 01:11:34.920]  That does make sense.
[01:11:34.920 --> 01:11:43.920]  You've sent a tort letter, and that tort letter will block them from destroying the videos.
[01:11:43.920 --> 01:11:52.920]  You should be able to get those in civil litigation easily, because the rules are different.
[01:11:52.920 --> 01:12:01.920]  So when you sue them, the main thing you want is to get past a motion to dismiss for failure to state a claim.
[01:12:01.920 --> 01:12:10.920]  They will claim that since they are a government entity, they have sovereign immunity.
[01:12:10.920 --> 01:12:15.920]  And the way to get past that is false imprisonment.
[01:12:15.920 --> 01:12:27.920]  That's one thing for which most jurisdictions have waived their sovereign immunity, or actions outside of scope.
[01:12:27.920 --> 01:12:39.920]  You want to claim that one of these officers did something that was illegal and thereby outside the scope of his authority.
[01:12:39.920 --> 01:12:48.920]  What keeps you in court is not what you can prove up, but the claim that you make.
[01:12:48.920 --> 01:12:57.920]  So if you make a claim that the officer acted outside of scope, that creates a matter in controversy.
[01:12:57.920 --> 01:13:04.920]  And if that matter in controversy were ruled in your favor, you would have a claim.
[01:13:04.920 --> 01:13:11.920]  That would block a motion to dismiss for failure to state a claim.
[01:13:11.920 --> 01:13:15.920]  Does that make sense?
[01:13:15.920 --> 01:13:17.920]  Yes, it does.
[01:13:17.920 --> 01:13:25.920]  To make sure you have at least one of those claims in your suit, it doesn't matter if you prove it up or not,
[01:13:25.920 --> 01:13:34.920]  because that becomes a factual issue that has to be adjudicated in court so they can't get a summary judgment.
[01:13:34.920 --> 01:13:41.920]  Summary judgment can only occur when there are no facts in controversy.
[01:13:41.920 --> 01:13:44.920]  You're going to say he acted outside of scope.
[01:13:44.920 --> 01:13:47.920]  They're going to say, oh, no, we didn't act outside of scope.
[01:13:47.920 --> 01:13:50.920]  Well, that's fact in controversy.
[01:13:50.920 --> 01:13:53.920]  That keeps you in the court.
[01:13:53.920 --> 01:13:55.920]  Okay.
[01:13:55.920 --> 01:14:02.920]  And mainly that gets you to discovery, and discovery is what they want to avoid.
[01:14:02.920 --> 01:14:09.920]  Once you can push them to discovery, now they're going to want to come to the table.
[01:14:09.920 --> 01:14:12.920]  Oh, okay.
[01:14:12.920 --> 01:14:14.920]  Okay.
[01:14:14.920 --> 01:14:18.920]  So for everybody else, if you're writing a suit,
[01:14:18.920 --> 01:14:26.920]  your primary purpose in writing the initial suit is to get past a motion to dismiss,
[01:14:26.920 --> 01:14:37.920]  to make sure you have a claim of a factual claim that they're going to deny.
[01:14:37.920 --> 01:14:39.920]  You say he acted outside of scope.
[01:14:39.920 --> 01:14:42.920]  He says he didn't act outside of scope.
[01:14:42.920 --> 01:14:45.920]  That keeps you in.
[01:14:45.920 --> 01:14:47.920]  You claim they falsely arrested you.
[01:14:47.920 --> 01:14:55.920]  They claim they didn't, that they just did a, what do they call it, Brett?
[01:14:55.920 --> 01:14:57.920]  Detention.
[01:14:57.920 --> 01:14:58.920]  Yeah, detention.
[01:14:58.920 --> 01:15:00.920]  An investigative detention.
[01:15:00.920 --> 01:15:04.920]  Yeah, a tarry stop, and you're going to say, no, it wasn't.
[01:15:04.920 --> 01:15:12.920]  You accused them of false imprisonment because they didn't have grounds for a detention.
[01:15:12.920 --> 01:15:15.920]  And they're going to say, yeah, we did have grounds for detention,
[01:15:15.920 --> 01:15:21.920]  and the court is going to have to listen to the facts and determine whether they did or not.
[01:15:21.920 --> 01:15:23.920]  That keeps you in court.
[01:15:23.920 --> 01:15:27.920]  So look for things like that.
[01:15:27.920 --> 01:15:31.920]  Okay.
[01:15:31.920 --> 01:15:35.920]  I think that's about it.
[01:15:35.920 --> 01:15:45.920]  With the Superior Court lawsuit, I still haven't heard back from the hospital.
[01:15:45.920 --> 01:15:46.920]  Okay, hold on.
[01:15:46.920 --> 01:15:51.920]  Did you have them served by constables, or how did you serve them?
[01:15:51.920 --> 01:15:58.920]  I served them through a process server, and I've already filed the process server document.
[01:15:58.920 --> 01:15:59.920]  Good.
[01:15:59.920 --> 01:16:01.920]  How long has it been?
[01:16:01.920 --> 01:16:05.920]  Oh, it's been about two weeks already.
[01:16:05.920 --> 01:16:13.920]  Okay, generally most states have this unusual rule for the initial filing.
[01:16:13.920 --> 01:16:23.920]  Generally, they have until the Monday after the 20th day.
[01:16:23.920 --> 01:16:31.920]  And if you file on a Monday, the Monday after the 20th day will be on a Monday.
[01:16:31.920 --> 01:16:33.920]  So that's an odd number.
[01:16:33.920 --> 01:16:39.920]  If you file on a Tuesday, the Monday after the 20th day will be the next Monday,
[01:16:39.920 --> 01:16:42.920]  so they get another week.
[01:16:42.920 --> 01:16:47.920]  But it's an odd thing, so it will be at least three weeks.
[01:16:47.920 --> 01:16:48.920]  Okay.
[01:16:48.920 --> 01:16:50.920]  But check California laws, though.
[01:16:50.920 --> 01:16:53.920]  If in 30 days you don't have an answer, then you're good.
[01:16:53.920 --> 01:16:54.920]  Hang on.
[01:16:54.920 --> 01:16:55.920]  We'll be right back.
[01:16:55.920 --> 01:16:59.920]  Okay.
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[01:17:59.920 --> 01:18:00.920]  I love logos.
[01:18:00.920 --> 01:18:04.920]  Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.920 --> 01:18:06.920]  I'm so addicted to the truth now that there's no going back.
[01:18:06.920 --> 01:18:07.920]  I need my truth fixed.
[01:18:07.920 --> 01:18:12.920]  I'd be lost without logos, and I really want to help keep this network on the air.
[01:18:12.920 --> 01:18:15.920]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite,
[01:18:15.920 --> 01:18:19.920]  and I really don't have any money to give because I spent it all on supplements.
[01:18:19.920 --> 01:18:21.920]  How can I help logos?
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[01:18:26.920 --> 01:18:28.920]  You can order new supplies or holiday gifts.
[01:18:28.920 --> 01:18:30.920]  First thing you do is clear your cookies.
[01:18:30.920 --> 01:18:34.920]  Now, go to logosradio.network.com.
[01:18:34.920 --> 01:18:37.920]  Click on the Amazon logo and bookmark it.
[01:18:37.920 --> 01:18:39.920]  Now, when you order anything from Amazon,
[01:18:39.920 --> 01:18:42.920]  you use that link and logos gets a few pesos.
[01:18:42.920 --> 01:18:43.920]  Do I pay extra?
[01:18:43.920 --> 01:18:44.920]  No.
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[01:18:46.920 --> 01:18:47.920]  No.
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[01:18:48.920 --> 01:18:49.920]  No.
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[01:18:51.920 --> 01:18:53.920]  Giving without doing anything or spending any money.
[01:18:53.920 --> 01:18:54.920]  This is perfect.
[01:18:54.920 --> 01:18:56.920]  Thank you so much.
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[01:18:57.920 --> 01:18:59.920]  Happy holidays, logos.
[01:18:59.920 --> 01:19:09.920]  This is the Logos Radio Network.
[01:19:29.920 --> 01:19:56.920]  Okay.
[01:19:56.920 --> 01:20:04.920]  We are back, Randy Kelton, Brett Fountain, Rue of La Radio on this 11th day of February
[01:20:04.920 --> 01:20:09.920]  2022, and we have one open slot on the board.
[01:20:09.920 --> 01:20:16.920]  So if you have a question or comment, give us a call, 512-646-1984,
[01:20:16.920 --> 01:20:18.920]  and we're talking to EJ in California.
[01:20:18.920 --> 01:20:23.920]  Okay, EJ, have we answered all your questions?
[01:20:23.920 --> 01:20:32.920]  One last question would be the case management conference that's scheduled in June.
[01:20:32.920 --> 01:20:35.920]  So is this like a hearing?
[01:20:35.920 --> 01:20:37.920]  That probably won't.
[01:20:37.920 --> 01:20:41.920]  That almost certainly won't happen.
[01:20:41.920 --> 01:20:43.920]  June, they just throw a date up there.
[01:20:43.920 --> 01:20:47.920]  That almost never happens.
[01:20:47.920 --> 01:20:53.920]  Things will change, and as you move along, they'll move that date out,
[01:20:53.920 --> 01:20:58.920]  because it's too early in the case to have case management.
[01:20:58.920 --> 01:20:59.920]  They just set one.
[01:20:59.920 --> 01:21:01.920]  Don't worry about that.
[01:21:01.920 --> 01:21:02.920]  Okay.
[01:21:02.920 --> 01:21:03.920]  All right.
[01:21:03.920 --> 01:21:04.920]  I think that's it.
[01:21:04.920 --> 01:21:05.920]  Thank you so much.
[01:21:05.920 --> 01:21:09.920]  Yeah, they want a case management because that's what they really want to do,
[01:21:09.920 --> 01:21:14.920]  is bring the parties together and say, guys, work something out here.
[01:21:14.920 --> 01:21:17.920]  Oh, I see.
[01:21:17.920 --> 01:21:24.920]  I mean, I believe they're going to be meeting the lawyers for the hospital.
[01:21:24.920 --> 01:21:34.920]  They're going to ask me to do a meeting confer over the telephone, I think.
[01:21:34.920 --> 01:21:38.920]  That's what they did before when I tried to get the video.
[01:21:38.920 --> 01:21:46.920]  Make absolutely sure if you do a telephone conference that you have it recorded.
[01:21:46.920 --> 01:21:47.920]  Oh, definitely.
[01:21:47.920 --> 01:21:49.920]  Let them know I'm recording this.
[01:21:49.920 --> 01:21:53.920]  Yeah, I like to tell them, I don't want to talk to you on the phone.
[01:21:53.920 --> 01:21:56.920]  Do it in e-mail.
[01:21:56.920 --> 01:21:57.920]  Oh, okay.
[01:21:57.920 --> 01:22:01.920]  They hate that because now they've got it in hard copy.
[01:22:01.920 --> 01:22:04.920]  They can't claim they made a misstatement.
[01:22:04.920 --> 01:22:09.920]  You know, if you're just talking back and forth, you can make a misstatement.
[01:22:09.920 --> 01:22:14.920]  But if you're typing out in an e-mail, you don't get to make mistakes.
[01:22:14.920 --> 01:22:15.920]  Agreed.
[01:22:15.920 --> 01:22:17.920]  I think that's, yeah, that's wonderful.
[01:22:17.920 --> 01:22:18.920]  Can I do that?
[01:22:18.920 --> 01:22:23.920]  Just say, you know, I like to correspond by e-mail only.
[01:22:23.920 --> 01:22:28.920]  Yeah, I don't put phone numbers on my documents anymore.
[01:22:28.920 --> 01:22:29.920]  Yeah, I believe it.
[01:22:29.920 --> 01:22:33.920]  And if they call me, I do not want to talk to you on the phone.
[01:22:33.920 --> 01:22:39.920]  If any words you say on a phone are meaningless, send it to me in an e-mail.
[01:22:39.920 --> 01:22:40.920]  Thank you.
[01:22:40.920 --> 01:22:43.920]  So far they've all said no problem.
[01:22:43.920 --> 01:22:49.920]  If they object to do it in writing, you know you've got a problem.
[01:22:49.920 --> 01:22:52.920]  Then you need to file a motion with the court,
[01:22:52.920 --> 01:22:57.920]  asking the court to order them to make all communications in e-mail.
[01:22:57.920 --> 01:23:04.920]  And then they're wondering why they got another bar grievance.
[01:23:04.920 --> 01:23:05.920]  Wonderful.
[01:23:05.920 --> 01:23:06.920]  Thank you so much.
[01:23:06.920 --> 01:23:07.920]  Okay.
[01:23:07.920 --> 01:23:09.920]  Thank you, E.J.
[01:23:09.920 --> 01:23:13.920]  Now we're going to Ralph in Texas.
[01:23:13.920 --> 01:23:17.920]  Hello, Ralph.
[01:23:17.920 --> 01:23:18.920]  Hello, Randy.
[01:23:18.920 --> 01:23:20.920]  I don't know anything about any.
[01:23:20.920 --> 01:23:22.920]  Ain't a churlish, but I have a question.
[01:23:22.920 --> 01:23:26.920]  Is Randy Randall a pedantic?
[01:23:26.920 --> 01:23:28.920]  Well, I'm definitely pedantic.
[01:23:28.920 --> 01:23:30.920]  Okay.
[01:23:30.920 --> 01:23:31.920]  But I'm not Randy.
[01:23:31.920 --> 01:23:36.920]  Because my mother didn't know what that meant when she named me that,
[01:23:36.920 --> 01:23:38.920]  and we never told her.
[01:23:38.920 --> 01:23:42.920]  Ta-da.
[01:23:42.920 --> 01:23:45.920]  Okay, go ahead.
[01:23:45.920 --> 01:23:50.920]  If you've got to explain it, it just doesn't fly.
[01:23:50.920 --> 01:23:54.920]  Okay, what do you have for us today?
[01:23:54.920 --> 01:23:58.920]  Well, I'd like to continue with the civil matter.
[01:23:58.920 --> 01:24:04.920]  What I'm wondering is how do you know who to sue?
[01:24:04.920 --> 01:24:07.920]  Like if you're suing a business.
[01:24:07.920 --> 01:24:13.920]  I sued officials before, and I sued them in their individual capacity,
[01:24:13.920 --> 01:24:15.920]  which to me didn't make any sense,
[01:24:15.920 --> 01:24:18.920]  because you can only sue them in their individual capacity.
[01:24:18.920 --> 01:24:20.920]  But that's a different subject.
[01:24:20.920 --> 01:24:22.920]  Okay, so how do you sue a business?
[01:24:22.920 --> 01:24:30.920]  Do you sue like, I sue this business, or do you sue the owner, and then DBM?
[01:24:30.920 --> 01:24:35.920]  Okay, a business cannot harm you because it can't do anything.
[01:24:35.920 --> 01:24:40.920]  A corporation can't harm you because it's a legal fiction.
[01:24:40.920 --> 01:24:42.920]  It doesn't really exist.
[01:24:42.920 --> 01:24:49.920]  The only harm you can have is from human beings.
[01:24:49.920 --> 01:24:52.920]  Say you get hit by somebody's truck.
[01:24:52.920 --> 01:24:54.920]  You sue the driver of the truck,
[01:24:54.920 --> 01:24:59.920]  and you sue the president or chairman or board of the company.
[01:24:59.920 --> 01:25:00.920]  That's the way I do it.
[01:25:00.920 --> 01:25:04.920]  You can sue the company, but companies don't really do anything.
[01:25:04.920 --> 01:25:07.920]  People do things.
[01:25:07.920 --> 01:25:10.920]  You want to name human beings.
[01:25:10.920 --> 01:25:13.920]  Okay, let me rattle off a couple more then.
[01:25:13.920 --> 01:25:19.920]  Tort letters, can they go to like email addresses?
[01:25:19.920 --> 01:25:23.920]  I don't see why you couldn't email a tort letter.
[01:25:23.920 --> 01:25:27.920]  Oh, yeah, well, yeah, because they can't claim they didn't get it.
[01:25:27.920 --> 01:25:31.920]  They can claim they didn't get certified mail,
[01:25:31.920 --> 01:25:39.920]  but they can't claim they didn't get their email because it leaves tracks.
[01:25:39.920 --> 01:25:43.920]  You merely need to go to the court and say, on this day, at this time,
[01:25:43.920 --> 01:25:48.920]  I emailed this document to this address,
[01:25:48.920 --> 01:25:53.920]  and here is the images showing where this was done,
[01:25:53.920 --> 01:25:58.920]  and I did not find this kicked back to me.
[01:25:58.920 --> 01:26:04.920]  And if that is actually their email address, they cannot claim they didn't get it.
[01:26:04.920 --> 01:26:08.920]  Brett, you probably know how to change it through the service.
[01:26:08.920 --> 01:26:11.920]  Yeah, you can do records requests to the recipient there
[01:26:11.920 --> 01:26:19.920]  and have the IT director give you records that show the server logs.
[01:26:19.920 --> 01:26:24.920]  Yeah, they cannot, the point is they can't hide it.
[01:26:24.920 --> 01:26:33.920]  I forced them to give me all the emails from a Justice of the Peace Watch, 6,000 pages.
[01:26:33.920 --> 01:26:34.920]  They're all in there.
[01:26:34.920 --> 01:26:35.920]  They can't hide them.
[01:26:35.920 --> 01:26:40.920]  What they did was shuffled them up like a deck of cards.
[01:26:40.920 --> 01:26:42.920]  I made them print them all out.
[01:26:42.920 --> 01:26:46.920]  I wanted them in the original form that they were held,
[01:26:46.920 --> 01:26:51.920]  but they printed them out for me instead and wanted to charge me $2,500.
[01:26:51.920 --> 01:26:52.920]  And I said, absolutely not.
[01:26:52.920 --> 01:26:54.920]  I want to see if they're stored in a computer.
[01:26:54.920 --> 01:26:56.920]  I want to see them in a computer.
[01:26:56.920 --> 01:26:58.920]  Well, they printed them out instead.
[01:26:58.920 --> 01:27:01.920]  I came into Ed Diamond's office in Fort Worth,
[01:27:01.920 --> 01:27:08.920]  and she had a stack of papers a foot and a half tall, and they were shuffled.
[01:27:08.920 --> 01:27:09.920]  And I said, what is this?
[01:27:09.920 --> 01:27:11.920]  Somebody shuffled these things.
[01:27:11.920 --> 01:27:13.920]  Oh, no, that's the way they come out of the computer.
[01:27:13.920 --> 01:27:16.920]  No, they didn't come out of the computer that way.
[01:27:16.920 --> 01:27:17.920]  You guys shuffled them up.
[01:27:17.920 --> 01:27:21.920]  I do not consider this as responsive to my request.
[01:27:21.920 --> 01:27:25.920]  She flew out of the room in a huff,
[01:27:25.920 --> 01:27:30.920]  and she had a lawyer in there watching me to make sure I didn't do anything with the records.
[01:27:30.920 --> 01:27:33.920]  And he's sitting back in the corner watching this.
[01:27:33.920 --> 01:27:35.920]  And when Ed Diamond stormed out of the room,
[01:27:35.920 --> 01:27:40.920]  he looked over at me and had his hands steepled across his chest.
[01:27:40.920 --> 01:27:45.920]  He stuck up one thumb and smiled at me.
[01:27:45.920 --> 01:27:47.920]  I guess he didn't like her.
[01:27:47.920 --> 01:27:50.920]  But, yeah, e-mails are perfect.
[01:27:50.920 --> 01:27:51.920]  Yeah.
[01:27:51.920 --> 01:27:54.920]  Well, I guess for people that are not doing any action,
[01:27:54.920 --> 01:27:59.920]  heck, listening to the show is worth it just for stories like that.
[01:27:59.920 --> 01:28:02.920]  Oh, got a bunch of those.
[01:28:02.920 --> 01:28:03.920]  Yeah, I've heard a few of them.
[01:28:03.920 --> 01:28:04.920]  I love them.
[01:28:04.920 --> 01:28:09.920]  So I'm thinking who to send the e-mail to,
[01:28:09.920 --> 01:28:14.920]  because service to agent is service to principal.
[01:28:14.920 --> 01:28:19.920]  So if you have their proper business e-mail address,
[01:28:19.920 --> 01:28:22.920]  in other words, what I'm saying is you try to get the right one,
[01:28:22.920 --> 01:28:25.920]  but if you happen to get the wrong one, as long as it's to the company,
[01:28:25.920 --> 01:28:26.920]  then it should go to the right place.
[01:28:26.920 --> 01:28:29.920]  You're covered, then, I would think, wouldn't you think?
[01:28:29.920 --> 01:28:32.920]  You are definitely covered.
[01:28:32.920 --> 01:28:39.920]  Whether a particular individual in a company has notice or not,
[01:28:39.920 --> 01:28:43.920]  the company itself has constructive notice.
[01:28:43.920 --> 01:28:50.920]  If one person in the company has notice, the company has constructive notice.
[01:28:50.920 --> 01:28:52.920]  Okay.
[01:28:52.920 --> 01:28:58.920]  Just try getting in front of a jury and arguing that.
[01:28:58.920 --> 01:29:01.920]  You know, he didn't get my exact e-mail in my company.
[01:29:01.920 --> 01:29:05.920]  Yeah, good luck with that, Bubba.
[01:29:05.920 --> 01:29:06.920]  Okay, go ahead.
[01:29:06.920 --> 01:29:15.920]  So the Secretary of State, I think, and they have the agent for service of process,
[01:29:15.920 --> 01:29:18.920]  that would be one way of finding out who owns the company
[01:29:18.920 --> 01:29:21.920]  and how to get in touch with them, right?
[01:29:21.920 --> 01:29:22.920]  Yes.
[01:29:22.920 --> 01:29:27.920]  If you can't find the name of the owners, if it's a company,
[01:29:27.920 --> 01:29:29.920]  just naming the company is sufficient.
[01:29:29.920 --> 01:29:39.920]  After you sue them, you can do a discovery to discover all of the primary actors.
[01:29:39.920 --> 01:29:42.920]  Oh, that's...
[01:29:42.920 --> 01:29:45.920]  You don't have, you know, I prefer to name the individuals,
[01:29:45.920 --> 01:29:48.920]  but if you can't find them, just name the company and you're good.
[01:29:48.920 --> 01:29:52.920]  Yeah, they're kind of like somebody unnamed.
[01:29:52.920 --> 01:29:55.920]  Okay, we're about to go to our sponsors.
[01:29:55.920 --> 01:30:01.920]  We'll be right back.
[01:30:01.920 --> 01:30:02.920]  Sorry, soft drink lovers.
[01:30:02.920 --> 01:30:05.920]  Even diet drinks can make you fat.
[01:30:05.920 --> 01:30:08.920]  A new study shows that diet soda drinkers gain much more weight
[01:30:08.920 --> 01:30:10.920]  than people who avoid the stuff.
[01:30:10.920 --> 01:30:11.920]  I'm Dr. Catherine Albrecht,
[01:30:11.920 --> 01:30:16.920]  and I'll be back in a moment with a scoop on supposedly skinny sodas.
[01:30:16.920 --> 01:30:18.920]  Privacy is under attack.
[01:30:18.920 --> 01:30:21.920]  When you give up data about yourself, you'll never get it back again.
[01:30:21.920 --> 01:30:26.920]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.920 --> 01:30:31.920]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.920 --> 01:30:34.920]  Privacy, it's worth hanging onto.
[01:30:34.920 --> 01:30:37.920]  This public service announcement is brought to you by StartPage.com,
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[01:30:45.920 --> 01:30:49.920]  Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:49.920 --> 01:30:50.920]  Wrong.
[01:30:50.920 --> 01:30:54.920]  Researchers at UT San Antonio followed hundreds of diet soda drinkers
[01:30:54.920 --> 01:30:55.920]  for nearly a decade.
[01:30:55.920 --> 01:30:59.920]  They found that regularly drinking diet soda expanded people's waistlines
[01:30:59.920 --> 01:31:02.920]  five times more than no soda at all.
[01:31:02.920 --> 01:31:05.920]  The study's authors say artificial sweeteners trigger the appetite,
[01:31:05.920 --> 01:31:09.920]  but unlike regular sugars, don't deliver anything to squelch it.
[01:31:09.920 --> 01:31:12.920]  Waking up hunger without satisfying it leads to cravings,
[01:31:12.920 --> 01:31:15.920]  which can result in a larger overall calorie intake.
[01:31:15.920 --> 01:31:18.920]  So use natural sweeteners to maintain a healthy weight,
[01:31:18.920 --> 01:31:21.920]  and if you need to shed some pounds, avoid the sweet stuff altogether
[01:31:21.920 --> 01:31:23.920]  and drink water instead.
[01:31:23.920 --> 01:31:29.920]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:29.920 --> 01:31:35.920]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.920 --> 01:31:37.920]  The government says that fire brought it down.
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[01:31:42.920 --> 01:31:45.920]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.920 --> 01:31:48.920]  And thousands of my fellow force responders are dying.
[01:31:48.920 --> 01:31:49.920]  I'm not a conspiracy theorist.
[01:31:49.920 --> 01:31:50.920]  I'm a structural engineer.
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[01:33:04.920 --> 01:33:29.920]  LogosRadioNetwork.com
[01:33:35.920 --> 01:33:41.920]  The wicked come with temptation
[01:33:41.920 --> 01:33:46.920]  They're trying to buy the whole place
[01:33:46.920 --> 01:33:52.920]  They want to poison the nation
[01:33:52.920 --> 01:33:57.920]  Because they're falling from grace
[01:33:57.920 --> 01:34:03.920]  I will not drink from that cup
[01:34:03.920 --> 01:34:06.920]  Okay, we are back.
[01:34:06.920 --> 01:34:09.920]  Randy Kelton, Brett Fountain, Rule of Law Radio
[01:34:09.920 --> 01:34:15.920]  on this Friday, the 11th day of February 2022,
[01:34:15.920 --> 01:34:17.920]  and we're talking to Ralph in Texas.
[01:34:17.920 --> 01:34:20.920]  Okay, Ralph, I kind of cut you off there at the end.
[01:34:20.920 --> 01:34:22.920]  Go ahead.
[01:34:22.920 --> 01:34:26.920]  It's okay. I just have a couple more questions to think.
[01:34:26.920 --> 01:34:33.920]  PACER will let you look at federal civil lawsuits.
[01:34:33.920 --> 01:34:36.920]  I don't know about criminal, but I know they'll let you look at civil.
[01:34:36.920 --> 01:34:41.920]  You can look at the whole case. You can purchase parts of it.
[01:34:41.920 --> 01:34:43.920]  But what about state cases?
[01:34:43.920 --> 01:34:47.920]  Is there something like PACER for state that I'm not aware of?
[01:34:47.920 --> 01:34:51.920]  There is one in Texas.
[01:34:51.920 --> 01:34:58.920]  Forget the name of it. There is a site that handles all of it.
[01:34:58.920 --> 01:35:03.920]  I think it's at least a pseudo-government site.
[01:35:03.920 --> 01:35:07.920]  Texas Search, I think, is what it's called.
[01:35:07.920 --> 01:35:10.920]  Are you familiar with that, Brett?
[01:35:10.920 --> 01:35:14.920]  I never did have any good luck with that.
[01:35:14.920 --> 01:35:18.920]  I do remember trying to use that a couple years ago.
[01:35:18.920 --> 01:35:25.920]  It didn't give me any solid results like I was hoping for.
[01:35:25.920 --> 01:35:27.920]  I think they're...
[01:35:27.920 --> 01:35:30.920]  The district clerk just told me the same thing as Brett just said.
[01:35:30.920 --> 01:35:35.920]  They came up with a little logo on the district court site,
[01:35:35.920 --> 01:35:36.920]  and it said to look at cases.
[01:35:36.920 --> 01:35:39.920]  I don't remember it, and I don't have it in front of me.
[01:35:39.920 --> 01:35:44.920]  So I went to the court, and I was looking at their cases filed,
[01:35:44.920 --> 01:35:47.920]  and I asked her about that icon that came up on her screen,
[01:35:47.920 --> 01:35:50.920]  and she said, yeah, that was supposed to do that,
[01:35:50.920 --> 01:35:55.920]  but it did not always work, and it didn't always work with her court.
[01:35:55.920 --> 01:35:59.920]  So I was wondering if there was one that you were familiar with,
[01:35:59.920 --> 01:36:03.920]  and maybe that's the only one. I don't know.
[01:36:03.920 --> 01:36:06.920]  Not that I know of.
[01:36:06.920 --> 01:36:08.920]  The best place I have...
[01:36:08.920 --> 01:36:12.920]  Oh, you're trying to find court records?
[01:36:12.920 --> 01:36:17.920]  I'm trying to look at the records, you know, complaints. I'm plagiarizing.
[01:36:17.920 --> 01:36:22.920]  Yeah, all of those records, the clerk is required to make them available.
[01:36:22.920 --> 01:36:23.920]  Oh, yeah, but...
[01:36:23.920 --> 01:36:26.920]  You have to pretty much go to every single clerk.
[01:36:26.920 --> 01:36:29.920]  Yeah, you have to go to the clerk, the individual clerks.
[01:36:29.920 --> 01:36:32.920]  I don't know of a repository.
[01:36:32.920 --> 01:36:41.920]  And that's because the clerk, each clerk is charged with keeping that clerk's records.
[01:36:41.920 --> 01:36:47.920]  So each one is separate, and a lot of them keep their records in different manners.
[01:36:47.920 --> 01:36:50.920]  So there is no single repository.
[01:36:50.920 --> 01:36:54.920]  The Fed is the Fed. That's one clerk.
[01:36:54.920 --> 01:37:00.920]  The states and even the counties in the states, those are all different clerks,
[01:37:00.920 --> 01:37:07.920]  so they do it their own way, and they're trying to get them more available,
[01:37:07.920 --> 01:37:12.920]  but as far as I know, there is no single repository.
[01:37:12.920 --> 01:37:14.920]  Okay.
[01:37:14.920 --> 01:37:17.920]  Okay, now, tort letters.
[01:37:17.920 --> 01:37:19.920]  I'm pretty sure there's rules on them.
[01:37:19.920 --> 01:37:22.920]  I have not looked, so I'm kind of cheating and just asking.
[01:37:22.920 --> 01:37:25.920]  Where would I look for any rules concerning tort letters?
[01:37:25.920 --> 01:37:29.920]  I don't think I need any help with it. I think I got it now, but I'm just curious.
[01:37:29.920 --> 01:37:33.920]  Can you point me in the right direction, or would it be an administrative code?
[01:37:33.920 --> 01:37:40.920]  No, as far as I know, there are no hard and fast rules on a tort letter.
[01:37:40.920 --> 01:37:47.920]  It's just the, it goes in line with the UCC, Uniform Commercial Code,
[01:37:47.920 --> 01:37:56.920]  in that before you take action against someone, you must give them notice and opportunity to cure.
[01:37:56.920 --> 01:38:05.920]  What I do like to do with a tort letter is I write my lawsuit and then take the heading off
[01:38:05.920 --> 01:38:10.920]  and put a business heading on it, take the prayer off, and replace it with,
[01:38:10.920 --> 01:38:16.920]  make me hold or be sued, and then put my name at the bottom and send it to them.
[01:38:16.920 --> 01:38:22.920]  You don't have to keep everything in the tort letter, like all the arguments and such,
[01:38:22.920 --> 01:38:30.920]  but if you send it to them and it looks like a lawsuit, that tends to get their attention much better.
[01:38:30.920 --> 01:38:34.920]  But as far as I know, there are no hard and fast rules.
[01:38:34.920 --> 01:38:39.920]  You just have to tell them what you believe they did that harmed you,
[01:38:39.920 --> 01:38:45.920]  how much you were harmed by, and then ask them to make you hold or be sued.
[01:38:45.920 --> 01:38:50.920]  You covered that pretty good recently. I don't know if it was last night or last week,
[01:38:50.920 --> 01:38:55.920]  so the complaint starts out with the law.
[01:38:55.920 --> 01:39:04.920]  The complaint starts out, you're in Texas, so in Texas you don't have to plead jurisdiction.
[01:39:04.920 --> 01:39:09.920]  It generally starts out with a short paragraph that says,
[01:39:09.920 --> 01:39:20.920]  this is what I will prove, just an introduction, and the purpose of the introduction is for your reader.
[01:39:20.920 --> 01:39:25.920]  Following the introduction, you're going to have a statement of facts.
[01:39:25.920 --> 01:39:37.920]  You craft the introduction so that you tell the reader how to consider the facts you're going to give them.
[01:39:37.920 --> 01:39:43.920]  I'm going to give you these facts, and this is what they're going to try to prove.
[01:39:43.920 --> 01:39:46.920]  From these facts, this is what I'm going to prove.
[01:39:46.920 --> 01:39:54.920]  So they'll look at the facts and try to construct them in a way that goes to what you're going to talk about.
[01:39:54.920 --> 01:40:04.920]  But you do the introduction last, the statement of facts just before the introduction.
[01:40:04.920 --> 01:40:08.920]  These are the last things you do in the suit. The first thing you do is the timeline,
[01:40:08.920 --> 01:40:10.920]  and that gives you a backbone.
[01:40:10.920 --> 01:40:15.920]  And from the timeline, you create a story.
[01:40:15.920 --> 01:40:18.920]  Everybody wants to tell the whole story. Write out the whole story.
[01:40:18.920 --> 01:40:22.920]  The timeline keeps it all in order for you.
[01:40:22.920 --> 01:40:26.920]  Once you get the whole story written out, then you go through it
[01:40:26.920 --> 01:40:32.920]  and pull out all of those issues that will go to a claim you can make.
[01:40:32.920 --> 01:40:36.920]  You write down the claim that this section goes to,
[01:40:36.920 --> 01:40:45.920]  and then you do your research for facts and law to argue that and support that claim.
[01:40:45.920 --> 01:40:49.920]  You go through all of those, all the claims that you can pull out of this thing.
[01:40:49.920 --> 01:40:54.920]  And then once you've got them researched out, you look at the ones that are strong, the ones that are weak,
[01:40:54.920 --> 01:41:01.920]  and primarily you look at the ones that support the story that you want to tell.
[01:41:01.920 --> 01:41:04.920]  You've told this whole story.
[01:41:04.920 --> 01:41:11.920]  Now you look at all of your claims, and you will get more claims than you could ever get to.
[01:41:11.920 --> 01:41:16.920]  So you want to select out of those claims that are possible
[01:41:16.920 --> 01:41:24.920]  the claims that tend to give the reader the impression that one thing follows directly from the other.
[01:41:24.920 --> 01:41:33.920]  So each claim makes sense in context and leads toward the outcome you want to achieve.
[01:41:33.920 --> 01:41:42.920]  Once you've got that done, now the first two, the story and the timeline, those will never go in your document.
[01:41:42.920 --> 01:41:50.920]  This section that has all of your claims and the argument in support of the claim,
[01:41:50.920 --> 01:41:53.920]  that becomes your points and authorities.
[01:41:53.920 --> 01:41:59.920]  And then after that, you've already done most of your research on the law,
[01:41:59.920 --> 01:42:04.920]  then you lay out causes of action or torts.
[01:42:04.920 --> 01:42:08.920]  Do you understand the difference between tort and cause of action?
[01:42:08.920 --> 01:42:12.920]  Cause of action means I'm in contract with you and you breach the contract.
[01:42:12.920 --> 01:42:16.920]  It can be an implied contract, it can be an adhesion contract,
[01:42:16.920 --> 01:42:20.920]  but if you're a public employee, you're in a contract with the government,
[01:42:20.920 --> 01:42:27.920]  and I am the intended third party beneficiary of the contract.
[01:42:27.920 --> 01:42:35.920]  But if you just do something to hurt me, where we don't have a relationship, that's a tort.
[01:42:35.920 --> 01:42:42.920]  So you lay out all of your torts and causes of action, all your claims.
[01:42:42.920 --> 01:42:49.920]  Once you've got that done, now you create your statement of facts.
[01:42:49.920 --> 01:42:56.920]  You don't have to put in every fact that comes along.
[01:42:56.920 --> 01:43:04.920]  If there are facts that aren't necessarily in line with what you want them to be,
[01:43:04.920 --> 01:43:05.920]  leave those out.
[01:43:05.920 --> 01:43:07.920]  Let the other guy come and bring those in.
[01:43:07.920 --> 01:43:13.920]  You just bring in the facts that would lead a reasonable person of ordinary prudence
[01:43:13.920 --> 01:43:17.920]  to the conclusion you want them to come to.
[01:43:17.920 --> 01:43:20.920]  That's the most important part of the document.
[01:43:20.920 --> 01:43:26.920]  Once you have that laid out, they'll read your facts and come to conclusions.
[01:43:26.920 --> 01:43:29.920]  They'll read your points and authorities,
[01:43:29.920 --> 01:43:33.920]  and you will confirm the conclusions they already come to.
[01:43:33.920 --> 01:43:37.920]  But then when they read the claims and causes of action,
[01:43:37.920 --> 01:43:39.920]  they're more likely to rule in your favor.
[01:43:39.920 --> 01:43:45.920]  The last thing you do is the introduction.
[01:43:45.920 --> 01:43:47.920]  That's the conclusion down there, but it's kind of perfunctory.
[01:43:47.920 --> 01:43:48.920]  Hang on.
[01:43:48.920 --> 01:43:51.920]  Go into our sponsors, Randy Kelton, Brett Fountain.
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[01:46:34.920 --> 01:46:49.920]  Okay, we are back.
[01:46:49.920 --> 01:46:54.920]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Ralph in Texas.
[01:46:54.920 --> 01:46:59.920]  And, you know, I go through this, and it sounds kind of complicated,
[01:46:59.920 --> 01:47:06.920]  but I sat down one day because I'm building these large legal documents,
[01:47:06.920 --> 01:47:09.920]  and they were really a problem to build.
[01:47:09.920 --> 01:47:14.920]  And I sat down one day and went into engineering mode and said,
[01:47:14.920 --> 01:47:22.920]  how can I put all this stuff together so everything follows from one to the other?
[01:47:22.920 --> 01:47:24.920]  Heck, it didn't take long.
[01:47:24.920 --> 01:47:27.920]  It turned out to be pretty easy and pretty straightforward.
[01:47:27.920 --> 01:47:36.920]  But if you follow this process, you can take really large documents and craft them,
[01:47:36.920 --> 01:47:42.920]  and everything will flow in order with one more primary thing.
[01:47:42.920 --> 01:47:55.920]  Use the styles sheet headings in Word and put a heading on every single paragraph.
[01:47:55.920 --> 01:48:07.920]  In Microsoft Word on the top menu bar, you have home, insert, draw, design, all these different things.
[01:48:07.920 --> 01:48:16.920]  If you go to home, you've got a box for font, paragraph, and styles.
[01:48:16.920 --> 01:48:25.920]  If you put headings using the styles sheet, then you can tell Microsoft Word to build you a table of contents.
[01:48:25.920 --> 01:48:33.920]  And it will use those headings to build your table of contents and hyperlink, you know, put in all your hyperlinks for you.
[01:48:33.920 --> 01:48:37.920]  I use them when I'm writing a legal document.
[01:48:37.920 --> 01:48:42.920]  When I start a paragraph, I put a heading on it.
[01:48:42.920 --> 01:48:49.920]  And I work to make sure that everything in that paragraph relates to that heading.
[01:48:49.920 --> 01:48:56.920]  When the paragraph starts to stray into something else, I hit enter, set another heading in,
[01:48:56.920 --> 01:49:04.920]  it creates a mental discipline so that you don't wander all over the place.
[01:49:04.920 --> 01:49:14.920]  And once you're done with a large document, there's a section up there under view, navigation pane.
[01:49:14.920 --> 01:49:21.920]  If you view the navigation pane, that will give you the table of contents on the side of your page,
[01:49:21.920 --> 01:49:24.920]  and you can move it around to get it out of the way.
[01:49:24.920 --> 01:49:26.920]  But you can see all those headings.
[01:49:26.920 --> 01:49:36.920]  And I go down those headings and see if I have the same heading or very similar headings coming up more than one time.
[01:49:36.920 --> 01:49:41.920]  And then you can just click on the heading, it'll jump you to that spot in the document.
[01:49:41.920 --> 01:49:48.920]  And you can read one of them and then go to the headings, jump to the other one and read the two and compare them.
[01:49:48.920 --> 01:50:01.920]  One of the biggest problems I've seen lawyers have with large documents is they wind up arguing the same issue from different perspectives.
[01:50:01.920 --> 01:50:05.920]  And that can be really problematic.
[01:50:05.920 --> 01:50:09.920]  It can get you almost contradicting yourself.
[01:50:09.920 --> 01:50:16.920]  When a lawyer reads your document, his primary purpose is to misconstrue what you say.
[01:50:16.920 --> 01:50:18.920]  That's his job.
[01:50:18.920 --> 01:50:23.920]  So he can find any way to misconstrue what you're saying he's going to.
[01:50:23.920 --> 01:50:32.920]  So you want to be real careful of how you craft your arguments so that you don't bleed them together.
[01:50:32.920 --> 01:50:34.920]  And a couple other rules.
[01:50:34.920 --> 01:50:38.920]  Avoid pronouns.
[01:50:38.920 --> 01:50:42.920]  Avoid them like the plague.
[01:50:42.920 --> 01:50:52.920]  When you say he, she, they, them, him, her, the reader is reading through your prose.
[01:50:52.920 --> 01:51:07.920]  And when they come to a pronoun, a part of the brain always has to take that pronoun and go back and find the proper name that it's referring to.
[01:51:07.920 --> 01:51:11.920]  Sometimes they get it right, sometimes they don't.
[01:51:11.920 --> 01:51:19.920]  My wife makes me crazy with pronouns, especially that, them, this.
[01:51:19.920 --> 01:51:21.920]  What about this?
[01:51:21.920 --> 01:51:22.920]  Huh?
[01:51:22.920 --> 01:51:27.920]  I have absolutely zero idea what she's talking about.
[01:51:27.920 --> 01:51:35.920]  Now, she knows precisely what she's talking about, but she doesn't supply that information to me.
[01:51:35.920 --> 01:51:38.920]  That's one of the things that make me crazy.
[01:51:38.920 --> 01:51:43.920]  And in legal documents, it is the job of the lawyer.
[01:51:43.920 --> 01:51:56.920]  If you say he, it's his job to assign he to some proper noun that's not the one you intended.
[01:51:56.920 --> 01:52:03.920]  And avoid absolutely like the plague acronyms.
[01:52:03.920 --> 01:52:08.920]  Acronyms always stop the reader.
[01:52:08.920 --> 01:52:10.920]  I'm not saying they don't know what it is.
[01:52:10.920 --> 01:52:18.920]  I'm saying on a level outside direct consciousness, when you see RESPA.
[01:52:18.920 --> 01:52:33.920]  I've had a whole bunch of people file suits to block foreclosure, and my brain absolutely knows that RESPA means Real Estate Settlement Procedures Act.
[01:52:33.920 --> 01:52:39.920]  But there are other consumer protection laws that are almost the same as RESPA.
[01:52:39.920 --> 01:52:53.920]  So every time I see RESPA, a part of my brain stops and checks to make sure that each letter falls exactly where it's supposed to to match the words.
[01:52:53.920 --> 01:52:57.920]  And that knocks me out of mental flow.
[01:52:57.920 --> 01:53:01.920]  Now, if you're just writing a novel or something, that may not be a big deal.
[01:53:01.920 --> 01:53:12.920]  But when you're crafting a legal document where you're trying to stitch together facts and law and sometimes in a really complex nature,
[01:53:12.920 --> 01:53:21.920]  you want your reader to be able to read that document one time and understand what you're talking about.
[01:53:21.920 --> 01:53:30.920]  I can tell that I've done a good job when someone reads one of my documents and they don't stop and ask me questions.
[01:53:30.920 --> 01:53:36.920]  If someone's reading your document and they're having to stop to ask you questions, you screwed up.
[01:53:36.920 --> 01:53:40.920]  You should have anticipated that question.
[01:53:40.920 --> 01:53:47.920]  Never create a question in the mind of your reader that you don't answer.
[01:53:47.920 --> 01:54:00.920]  Now, sometimes I'll create a question on purpose and not answer it immediately, but a couple of paragraphs later, I'll make a reference that answers that question.
[01:54:00.920 --> 01:54:07.920]  When you do that, you create in the mind of your reader something we call rapport.
[01:54:07.920 --> 01:54:21.920]  It gives your reader the impression that you know what they're thinking, and it causes them to just move directly along and not get interrupted anywhere.
[01:54:21.920 --> 01:54:27.920]  In my book, Legal 101, I have a section on mental flow.
[01:54:27.920 --> 01:54:38.920]  If you've ever read a book that was so good that you just kind of fell inside it and 30 minutes or an hour later, you seem to come true,
[01:54:38.920 --> 01:54:44.920]  that's a writer who has not one time tripped you out of flow.
[01:54:44.920 --> 01:54:54.920]  Reading is the most hypnotic thing I ever do and I struggle to create complex legal documents
[01:54:54.920 --> 01:55:01.920]  using the tools really good writers use to manipulate the mind of their reader.
[01:55:01.920 --> 01:55:05.920]  Does that all make sense, Ralph?
[01:55:05.920 --> 01:55:07.920]  It does, yes.
[01:55:07.920 --> 01:55:13.920]  I'm looking for that flow in your part two, yeah.
[01:55:13.920 --> 01:55:17.920]  It's not too long, I just have to edit.
[01:55:17.920 --> 01:55:26.920]  When you're writing complex documents, your mind tends to wander all over the place.
[01:55:26.920 --> 01:55:34.920]  I'll be writing something and there will be three or four different things that are associated with this I want to address.
[01:55:34.920 --> 01:55:44.920]  If I don't address those, I'm going to screw up everything else because I'm worrying about not getting that addressed.
[01:55:44.920 --> 01:55:54.920]  So I just hit enter, put a heading, put a few lines in there that address that issue, hit enter again, put in another heading and keep going.
[01:55:54.920 --> 01:55:59.920]  Now I know that's not going to get lost, it's not going to get missed.
[01:55:59.920 --> 01:56:06.920]  So I can move ahead with my train of thought and flesh it out.
[01:56:06.920 --> 01:56:14.920]  Then I can come back and grab that paragraph that I needed to address but it didn't belong here and I knew that,
[01:56:14.920 --> 01:56:19.920]  but I still got it so I can grab it and move it around wherever I want to.
[01:56:19.920 --> 01:56:23.920]  Microsoft Word has some good tools in it for that.
[01:56:23.920 --> 01:56:33.920]  Open Office can do some of that, but I don't use Open Office because in appeals,
[01:56:33.920 --> 01:56:43.920]  when you start doing appeals in all courts you have to have a table of authorities
[01:56:43.920 --> 01:56:49.920]  and Microsoft Word is the only one that produces tables of authorities.
[01:56:49.920 --> 01:56:53.920]  You can go down through, after you've written your document,
[01:56:53.920 --> 01:57:03.920]  you go down through the document and everywhere you have cited a case or a statute or a treatise,
[01:57:03.920 --> 01:57:16.920]  you can go into, I forget where it's at, there's one, there's a tool, let me just think to open it up so I can look at it.
[01:57:16.920 --> 01:57:24.920]  Something's hiding by Microsoft Word's not opening.
[01:57:24.920 --> 01:57:26.920]  Oh, that's annoying.
[01:57:26.920 --> 01:57:27.920]  Oh, there we go.
[01:57:27.920 --> 01:57:29.920]  No, Microsoft Word's not opening.
[01:57:29.920 --> 01:57:30.920]  Oh, here it is.
[01:57:30.920 --> 01:57:32.920]  You need to find a 10-year-old.
[01:57:32.920 --> 01:57:36.920]  No, I've got three screens here and it opened up on a different screen.
[01:57:36.920 --> 01:57:39.920]  Okay.
[01:57:39.920 --> 01:57:50.920]  Brett, where is it that you put in table of contents and say that again?
[01:57:50.920 --> 01:57:53.920]  I think Brett said something about 10-year-old version.
[01:57:53.920 --> 01:57:55.920]  I have an old version of it.
[01:57:55.920 --> 01:57:56.920]  I just don't have it.
[01:57:56.920 --> 01:58:03.920]  No, he was saying I need to go to get a 10-year-old to show me how to do this.
[01:58:03.920 --> 01:58:06.920]  Oh, okay.
[01:58:06.920 --> 01:58:09.920]  I think it's in developer.
[01:58:09.920 --> 01:58:17.920]  There is a tool that allows you to create a table of contents and you can set what's in the contents,
[01:58:17.920 --> 01:58:27.920]  and it also has a section that allows you to create a table of authorities.
[01:58:27.920 --> 01:58:38.920]  So you click on one of those menu items and then you go down and highlight one of your statutes or your cases,
[01:58:38.920 --> 01:58:49.920]  and then the screen will pop up and you click whether it's a statute, a citation, a reason.
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[01:59:50.920 --> 01:59:56.920]  You are listening to the Logos Radio Network, logosradionetwork.com.