ROL_2022-08-19_16k_Hr1-2.timecode

[00:00.000 --> 00:06.260]  The Bill of Rights contains the first ten amendments of our Constitution that guarantee
[00:06.260 --> 00:09.460]  the specific freedoms Americans should know and protect.
[00:09.460 --> 00:10.860]  Our liberty depends on it.
[00:10.860 --> 00:14.860]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.860 --> 00:16.960]  your First Amendment rights.
[00:16.960 --> 00:18.560]  Privacy is under attack.
[00:18.560 --> 00:22.160]  When you give up data about yourself, you'll never get it back again.
[00:22.160 --> 00:26.940]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[00:26.940 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:33.000]  Privacy.
[00:33.000 --> 00:34.700]  It's worth hanging on to.
[00:34.700 --> 00:38.980]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.980 --> 00:42.520]  engine alternative to Google, Yahoo, and Bing.
[00:42.520 --> 00:44.520]  Start over with Startpage.
[00:44.520 --> 00:45.520]  Spar.
[00:45.520 --> 00:47.800]  It's what fighters do.
[00:47.800 --> 00:50.760]  It's also how I remember the five guarantees of the First Amendment.
[00:50.760 --> 00:54.560]  If you plan to take away my rights, I'm going to spar with you.
[00:54.560 --> 01:01.600]  Spar with an extra P. S for speech, P for press, another P for petition, A for assembly,
[01:01.600 --> 01:02.600]  and R for religion.
[01:02.600 --> 01:07.080]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.080 --> 01:10.480]  assembly, and religion, but petition for redress is another matter.
[01:10.480 --> 01:14.600]  We have the right to petition the government for a redress of grievances.
[01:14.600 --> 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 --> 01:20.680]  the reasons without fear of being thrown into jail.
[01:20.680 --> 01:31.120]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31.120 --> 01:34.760]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.760 --> 01:38.240]  They guarantee the specific freedoms Americans should know and protect.
[01:38.240 --> 01:39.720]  Our liberty depends on it.
[01:39.720 --> 01:43.600]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.600 --> 01:46.720]  one of your constitutional rights.
[01:46.720 --> 01:48.320]  Privacy is under attack.
[01:48.320 --> 01:52.720]  When you give up data about yourself, you'll never get it back again, and once your privacy
[01:52.720 --> 01:56.720]  is gone, you'll find your freedoms will start to vanish, too.
[01:56.720 --> 02:01.720]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.720 --> 02:04.480]  Privacy, it's worth hanging on to.
[02:04.480 --> 02:08.760]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.760 --> 02:12.280]  engine alternative to Google, Yahoo, and Bing.
[02:12.280 --> 02:15.880]  Start over with StartPage.
[02:15.880 --> 02:20.240]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.240 --> 02:22.280]  of Rights in a big old bear hug.
[02:22.280 --> 02:26.840]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.840 --> 02:30.640]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.640 --> 02:31.640]  Get it?
[02:31.640 --> 02:33.960]  Two arms, bear hug, bear arms?
[02:33.960 --> 02:37.560]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.560 --> 02:43.320]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.320 --> 02:47.880]  conduct, one more safeguard against the tyranny which now appears remote in America, but which
[02:47.880 --> 02:50.680]  historically has proved to always be possible.
[02:50.680 --> 02:52.480]  I'm Dr. Catherine Albrecht.
[02:52.480 --> 03:16.040]  More news and information at CatherineAlbrecht.com.
[03:23.280 --> 03:49.240]  the right of the citizens to bear arms is just one guarantee against arbitrary conduct,
[03:49.240 --> 04:07.080]  one more safeguard against the tyranny which now appears remote in America, but which
[04:07.080 --> 04:32.800]  now appears remote in America, but which historically has proved to always be possible.
[04:32.800 --> 05:02.400]  Greetings, Randy Kelton, Brett Fountain, Wheel of Law Radio on this Friday, the 19th
[05:02.400 --> 05:05.400]  day of August, 2022.
[05:05.400 --> 05:06.400]  There you go.
[05:06.400 --> 05:11.800]  I don't even know what you beat me for.
[05:11.800 --> 05:14.400]  Comic relief.
[05:14.400 --> 05:17.480]  I am turning the phone lines on.
[05:17.480 --> 05:20.120]  If you have a question or comment, give us a call.
[05:20.120 --> 05:25.320]  I'm going to start out with stunning games I've been having today.
[05:25.320 --> 05:38.560]  I started researching out my rebuttal to the judge's answer to my suit against it, but
[05:38.560 --> 05:45.240]  rebuttal was titled Challenge the Subject Matter Jurisdiction and Answer.
[05:45.240 --> 05:53.840]  Well, that was a little bit confusing, but then I went with that.
[05:53.840 --> 06:00.000]  They challenge subject matter jurisdiction because it says in the case law that if you
[06:00.000 --> 06:09.200]  are claiming judicial immunity, that is done or can be done by challenge the subject matter
[06:09.200 --> 06:12.680]  jurisdiction or various other means.
[06:12.680 --> 06:22.720]  So he challenged the subject matter jurisdiction by claiming that the judge had official immunity.
[06:22.720 --> 06:31.680]  And like a fish in the water, I bit on that hook.
[06:31.680 --> 06:33.880]  It took a while.
[06:33.880 --> 06:40.440]  This is why I'd like to do really deep dives in legal issues this way.
[06:40.440 --> 06:42.440]  You do your research.
[06:42.440 --> 06:44.960]  It's like playing chess.
[06:44.960 --> 06:51.680]  It gets real subtle, and sometimes things sneak past you and you never notice it.
[06:51.680 --> 06:56.640]  See, I sued the judge in his personal capacity.
[06:56.640 --> 07:03.800]  I went in there and asked him to do something I was certain he wouldn't want to do.
[07:03.800 --> 07:12.120]  But in this case, what I asked him to do was to issue a warrant under 15.09 Texas Code
[07:12.120 --> 07:13.120]  of Criminal Procedure.
[07:13.120 --> 07:22.200]  And it says that when a complaint is forwarded to a magistrate in accordance with 15.05,
[07:22.200 --> 07:30.800]  actually it says according to 15.08, but 15.08 says that the warrant has to be in compliance
[07:30.800 --> 07:31.800]  with 15.05.
[07:31.800 --> 07:36.800]  And 15.05 just says it has to allege a criminal act.
[07:36.800 --> 07:41.760]  You can't claim that the judge parted his hair on the left because even if that was
[07:41.760 --> 07:43.400]  true, it wouldn't be a criminal act.
[07:43.400 --> 07:49.480]  If what you allege is true, it would amount to a criminal act that is sufficient.
[07:49.480 --> 07:56.120]  If one of those is forwarded to the judge, then he shall issue a warrant forthwith.
[07:56.120 --> 08:01.440]  Now, that did not say may, might, or can if he wants to.
[08:01.440 --> 08:04.720]  It did not say he has some kind of discretion.
[08:04.720 --> 08:10.240]  In New York, it specifically says that the judge has discretion to determine whether
[08:10.240 --> 08:21.960]  or not the warrant and the evidence is sufficient to establish probable cause, but not in Texas.
[08:21.960 --> 08:28.080]  In Texas, it orders him to issue a warrant, him or her.
[08:28.080 --> 08:35.040]  And then in Texas, when the person is arrested, either with a warrant or on an on-site offense,
[08:35.040 --> 08:40.600]  they are commanded by statute to be taken directly to the nearest magistrate.
[08:40.600 --> 08:47.040]  And the magistrate is then commanded to keep the peace under Article 2.10.
[08:47.040 --> 08:52.600]  And 2.11 says the way he does that is with an examining court, and the examining court
[08:52.600 --> 08:55.240]  is held under Chapter 16.
[08:55.240 --> 08:59.120]  So the guy gets arrested, then he's brought before the magistrate.
[08:59.120 --> 09:04.240]  And the magistrate now examines into the sufficiency of the allegation and makes a determination
[09:04.240 --> 09:07.120]  of probable cause.
[09:07.120 --> 09:10.000]  So that's the steps he's supposed to take.
[09:10.000 --> 09:15.240]  So I gave him the complaints, and he asked me if I was an attorney, and I told him my
[09:15.240 --> 09:19.720]  standard no, I sleep well at night, I keep my small pockets.
[09:19.720 --> 09:20.720]  Did you talk to an attorney?
[09:20.720 --> 09:22.920]  Oh, no, I don't waste my time with those shysters.
[09:22.920 --> 09:27.600]  Then he said, well, since you're not an attorney, I'm not going to read these, and threw them
[09:27.600 --> 09:31.000]  down and stormed out.
[09:31.000 --> 09:37.880]  And I said, well, we'll see how that works out for you, Bubba.
[09:37.880 --> 09:46.600]  He did not say that the complaints were insufficient in accordance with 1505.
[09:46.600 --> 09:54.080]  He didn't say that I examined into the accusations and do not find probable cause.
[09:54.080 --> 09:57.120]  He said, I'm not going to read them.
[09:57.120 --> 09:58.120]  Okay.
[09:58.120 --> 10:11.000]  Well, I allege that not performing a duty he is commanded by statute to perform is a
[10:11.000 --> 10:14.480]  criminal act in the state of Texas.
[10:14.480 --> 10:23.120]  And criminal acts cannot be construed as being within the scope of a public official's authority.
[10:23.120 --> 10:26.400]  And therefore, I was suing him in his personal capacity.
[10:26.400 --> 10:33.880]  Well, the lawyer came back and said, well, you can sue the judge, he has official immunity.
[10:33.880 --> 10:42.160]  Under Texas Civil Practice Remembrance Code, what is it, TCRP, Texas Civil Practice Remembrance
[10:42.160 --> 10:46.160]  Code.
[10:46.160 --> 10:47.160]  What is it, Brett?
[10:47.160 --> 10:48.760]  I don't know yet what you're looking for.
[10:48.760 --> 10:49.760]  I lost it.
[10:49.760 --> 10:50.760]  I lost it.
[10:50.760 --> 10:51.760]  101, 101.
[10:51.760 --> 11:02.960]  And that's the one that says that the judges have immunity for any acts taken in the performance
[11:02.960 --> 11:04.920]  of their duty.
[11:04.920 --> 11:11.240]  Well, he argued that rather extensively in his subject matter jurisdiction challenge.
[11:11.240 --> 11:16.240]  And I reciprocated and challenged it and pulled.
[11:16.240 --> 11:27.680]  Well, I found a very nice brief or treatise on the internet on summer judgment.
[11:27.680 --> 11:36.920]  And as I was reading the brief, it occurred to me, wait a minute, he argued that the judge
[11:36.920 --> 11:41.160]  had official immunity.
[11:41.160 --> 11:45.360]  Which means he's waiving the issue of subject matter jurisdiction.
[11:45.360 --> 11:48.120]  He's going to request it.
[11:48.120 --> 11:57.240]  No, he was, the case law says that you challenge, the official immunity challenge is brought
[11:57.240 --> 11:59.800]  as a subject matter jurisdiction challenge.
[11:59.800 --> 12:02.440]  That wasn't the problem.
[12:02.440 --> 12:10.120]  He argued the issue as if I had sued him in his official capacity.
[12:10.120 --> 12:14.800]  But I didn't.
[12:14.800 --> 12:25.080]  Whether a suit survive as a motion to dismiss doesn't depend on what you can or cannot prove.
[12:25.080 --> 12:29.040]  It depends on the nature of the claim.
[12:29.040 --> 12:36.480]  If all of the facts and law alleged by, I'm sorry, if all of the facts alleged by the
[12:36.480 --> 12:42.740]  plaintiff are taken as true, not as prima facie, but as true.
[12:42.740 --> 12:48.640]  The question becomes, would the plaintiff have a claim?
[12:48.640 --> 12:56.920]  So I alleged that the judge's actions were not within the scope of his authority.
[12:56.920 --> 13:03.360]  And therefore, he was not covered by official immunity because he did not act in an official
[13:03.360 --> 13:05.400]  capacity.
[13:05.400 --> 13:07.200]  He acted in his personal capacity.
[13:07.200 --> 13:11.480]  Did you bring this up in the original complaint or only in the...
[13:11.480 --> 13:12.480]  Yes.
[13:12.480 --> 13:13.480]  Yes.
[13:13.480 --> 13:19.760]  That's precisely what the original complaint was structured to do, specifically.
[13:19.760 --> 13:29.400]  This is a suit against the judge in his personal capacity because his actions were ultra viris
[13:29.400 --> 13:37.640]  in violation of his oath of office and amounted to criminal actions under 3903 and 3805, 3903.
[13:37.640 --> 13:41.780]  So this is why you just totally missed that?
[13:41.780 --> 13:44.060]  He missed it.
[13:44.060 --> 13:53.040]  The official immunity would not come into play until the issue of private capacity was
[13:53.040 --> 13:55.040]  adjudicated.
[13:55.040 --> 14:02.680]  If the court said, no, you can't sue the judge in his personal capacity, then the only thing
[14:02.680 --> 14:06.440]  left was to sue him in his official capacity.
[14:06.440 --> 14:16.240]  And what I'm arguing is that the matter of official capacity is not ripe.
[14:16.240 --> 14:19.520]  It's not before the court yet.
[14:19.520 --> 14:22.080]  I did not bring a suit in official capacity.
[14:22.080 --> 14:23.520]  I brought it in private capacity.
[14:23.520 --> 14:29.480]  So first, he has to argue private capacity.
[14:29.480 --> 14:36.680]  Once he gets past that, then official immunity would be ripe.
[14:36.680 --> 14:46.960]  So I'm saying that his subject matter of jurisdiction, John Collins, should be stricken because it
[14:46.960 --> 14:51.520]  argues issues not before the court.
[14:51.520 --> 15:06.960]  And then I argued that the pleading was miscaptioned, that he argued official immunity as a subject
[15:06.960 --> 15:08.120]  matter of jurisdiction issue.
[15:08.120 --> 15:11.800]  And this is one I'd like to take to the Supreme.
[15:11.800 --> 15:20.100]  I allege that official immunity is not a subject matter of jurisdiction issue.
[15:20.100 --> 15:25.200]  Official immunity is an affirmative defense.
[15:25.200 --> 15:31.440]  If I sue the judge in his official capacity and he does not raise the issue of official
[15:31.440 --> 15:36.360]  immunity, then he's waived it.
[15:36.360 --> 15:47.480]  The court has no power to dismiss the case of Suspente if the defendant did not raise
[15:47.480 --> 15:48.480]  the issue.
[15:48.480 --> 15:52.280]  If it's not raised, it's not before the court.
[15:52.280 --> 15:57.760]  That makes it an affirmative defense.
[15:57.760 --> 16:05.040]  Affirmative defenses must be pled, like statute of limitations.
[16:05.040 --> 16:06.920]  They are not bars to prosecution.
[16:06.920 --> 16:08.640]  A statute of limitation is not a bar.
[16:08.640 --> 16:10.880]  People say, well, I can sue them because I'm out of time.
[16:10.880 --> 16:13.240]  Oh, yeah, you can.
[16:13.240 --> 16:18.800]  The other side may choose not to argue the limitations.
[16:18.800 --> 16:22.360]  If they don't, they waived them.
[16:22.360 --> 16:27.920]  If the judge doesn't argue official immunity, he's waived it.
[16:27.920 --> 16:34.500]  You can't waive a subject matter of jurisdiction issue, you can only waive an affirmative defense.
[16:34.500 --> 16:43.200]  So I'm arguing that official immunity is an affirmative defense, and not a bar to prosecution.
[16:43.200 --> 16:46.360]  That's the second one.
[16:46.360 --> 16:53.040]  And the third one, oh, you'll love this one, we'll leave this as a cliffhanger and pick
[16:53.040 --> 16:57.320]  it up when we come back on the other side, Randy Kelton, we're at Fountain Wheel, low
[16:57.320 --> 17:00.200]  radio, we'll be right back.
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[19:29.360 --> 19:54.560]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio.
[19:54.560 --> 19:59.320]  I was going to give out the phone number because we had an empty slot, but it just got filled
[19:59.320 --> 20:00.320]  out.
[20:00.320 --> 20:08.320]  So this is Friday, the 19th day of August, 2022, and we're talking about this case in
[20:08.320 --> 20:09.320]  Victoria County.
[20:09.320 --> 20:12.160]  I love it.
[20:12.160 --> 20:13.160]  This part I like.
[20:13.160 --> 20:19.240]  I really like doing deep dives into legal minutiae.
[20:19.240 --> 20:24.760]  So we're claiming that he filed a challenge subject matter jurisdiction and challenged
[20:24.760 --> 20:28.040]  an issue that was not before the court.
[20:28.040 --> 20:31.440]  But the issue of official immunity is not.
[20:31.440 --> 20:32.440]  I love that.
[20:32.440 --> 20:35.680]  It should be stricken, and that's not all.
[20:35.680 --> 20:38.280]  You move for him to be smitten?
[20:38.280 --> 20:45.120]  He called it a subject matter jurisdiction challenge and answer.
[20:45.120 --> 20:54.880]  A subject matter jurisdiction challenge does not have to be verified, but an answer does.
[20:54.880 --> 21:03.480]  So the question becomes, was this a challenge subject matter jurisdiction or was it an answer?
[21:03.480 --> 21:08.280]  If it's a challenge to subject matter jurisdiction, it did challenge subject matter jurisdiction,
[21:08.280 --> 21:09.280]  but the wrong jurisdiction.
[21:09.280 --> 21:12.520]  It challenged an issue that was not before the court.
[21:12.520 --> 21:15.440]  I did not sue him in his official capacity.
[21:15.440 --> 21:19.680]  So the issue's moot.
[21:19.680 --> 21:26.720]  If it's not a subject matter jurisdiction challenge, then it must be construed as either
[21:26.720 --> 21:30.800]  a challenge to impersonal jurisdiction.
[21:30.800 --> 21:37.400]  But in studying that, I got a rather big surprise.
[21:37.400 --> 21:41.400]  We've talked about challenging jurisdiction over the person.
[21:41.400 --> 21:48.800]  We may be able to do that, but not in a impersonal jurisdiction challenge.
[21:48.800 --> 21:57.480]  Under the Texas rules, impersonal jurisdiction only goes to court or nonconvenes.
[21:57.480 --> 22:03.280]  It only goes to the state of Texas trying to prosecute someone outside the state of
[22:03.280 --> 22:08.280]  Texas, nothing else.
[22:08.280 --> 22:14.640]  So there may be a way to challenge jurisdiction over the person, the individual, but it is
[22:14.640 --> 22:18.560]  not an impersonal jurisdiction challenge.
[22:18.560 --> 22:26.040]  So we really can't call it an impersonal jurisdiction challenge, although it does challenge jurisdiction
[22:26.040 --> 22:31.040]  over the person himself.
[22:31.040 --> 22:40.080]  But even if we did call it an impersonal jurisdiction, that would have to be verified.
[22:40.080 --> 22:46.200]  So if we can't call it that, then we could call it an answer because he has notated in
[22:46.200 --> 22:50.360]  his caption that it's an answer.
[22:50.360 --> 22:59.240]  But an answer has to be verified, and this document is not verified.
[22:59.240 --> 23:03.840]  If you've listened to the show a while, you've heard us talk about this before.
[23:03.840 --> 23:05.480]  What needs to be verified?
[23:05.480 --> 23:13.680]  Well, as a rule of thumb, any document that contains facts that are not already before
[23:13.680 --> 23:16.280]  the court must be verified.
[23:16.280 --> 23:32.640]  And then under Texas Rules of Civil Procedure 93, it lists documents that must be verified.
[23:32.640 --> 23:44.840]  A challenge to the juristic, a claim of official immunity must be verified.
[23:44.840 --> 23:49.200]  It's right there in the code.
[23:49.200 --> 23:54.480]  And he's going to love it when you point out all these things, you know?
[23:54.480 --> 24:01.180]  Pleadings and answers to pleadings are pleadings, and they must be verified.
[24:01.180 --> 24:04.240]  This document's not verified.
[24:04.240 --> 24:10.880]  While it lays in the record, the judge cannot see it.
[24:10.880 --> 24:20.400]  And therefore, since this document is not in the record, move to strike.
[24:20.400 --> 24:28.360]  And since there is no answer in that case, move for default judgment.
[24:28.360 --> 24:35.360]  If you consider it a challenge to subject matter jurisdiction, they made a subject matter
[24:35.360 --> 24:40.640]  jurisdiction challenge, but they challenged an issue that was not before the court.
[24:40.640 --> 24:50.760]  They did not challenge the right of the plaintiff to sue a judge in his personal capacity.
[24:50.760 --> 24:54.160]  They didn't address that at all.
[24:54.160 --> 24:56.320]  So they waived that objection.
[24:56.320 --> 24:57.320]  I love it.
[24:57.320 --> 25:00.040]  And I have a right to default judgment.
[25:00.040 --> 25:07.120]  When I tell you, read the codes, it gets to be fun.
[25:07.120 --> 25:14.640]  When you dive deep in the codes, these lawyers simply don't have time to do what I did.
[25:14.640 --> 25:16.560]  This is my third day on this document.
[25:16.560 --> 25:23.380]  I started at 3.30 this morning and worked all day on it.
[25:23.380 --> 25:26.880]  But at the end of the day, it was worth it.
[25:26.880 --> 25:30.160]  It was up to about 50 pages.
[25:30.160 --> 25:33.880]  Now it's down to about 10.
[25:33.880 --> 25:38.160]  I argued all of these issues and then realized, wait a minute, these issues aren't even before
[25:38.160 --> 25:39.160]  the court.
[25:39.160 --> 25:43.640]  It's like, I've got to take them all out, and it just kept refining itself.
[25:43.640 --> 25:49.440]  So I will be looking forward to sending this to them tomorrow.
[25:49.440 --> 25:55.120]  And then let's dance, because the 25th, we have ourselves a Zoom hearing.
[25:55.120 --> 25:57.680]  Well, I don't remember exactly the number.
[25:57.680 --> 26:01.480]  I think it's either in Chapter 17 or 27.
[26:01.480 --> 26:09.680]  But it says that in order to hold an electronic hearing, both parties must agree in writing.
[26:09.680 --> 26:15.680]  I didn't agree in anything.
[26:15.680 --> 26:18.200]  But it gets even better.
[26:18.200 --> 26:30.040]  The trial judge, as soon as he got assigned, he claimed to file a motion to recuse and
[26:30.040 --> 26:32.880]  approved the motion to recuse to his ponte.
[26:32.880 --> 26:41.400]  Well, I didn't see a motion to recuse, and the Rule 18A says that I have a right to oppose
[26:41.400 --> 26:43.280]  a motion to recuse.
[26:43.280 --> 26:49.040]  Well, there is no motion to recuse in the record.
[26:49.040 --> 26:53.640]  There is a order.
[26:53.640 --> 26:59.520]  The trial judge apparently petitioned the head administrative judge of the district
[26:59.520 --> 27:06.160]  to approve his recusal and assign a different judge to the case.
[27:06.160 --> 27:10.840]  And there is an assignment of a judge in the case who's a retired judge.
[27:10.840 --> 27:17.120]  He's certainly, I understand that someone's, you know, it's said that he's a retired judge,
[27:17.120 --> 27:19.840]  but I don't know what he is.
[27:19.840 --> 27:28.760]  There are two elected county judges in Victoria County, and this guy's not either one of them.
[27:28.760 --> 27:36.040]  But he has been appointed to this case by the head administrative judge of the district.
[27:36.040 --> 27:44.440]  And then yesterday I got a, picked up a notice from the clerk of the court that there would
[27:44.440 --> 27:51.760]  be a Zoom hearing on the 25th, and it would be presided over by this other judge who I've
[27:51.760 --> 27:54.960]  never heard of.
[27:54.960 --> 28:01.240]  This judge is not an elected county judge in Victoria County, and he is not the judge
[28:01.240 --> 28:04.700]  that was appointed by the head administrative judge of the district.
[28:04.700 --> 28:07.880]  So when we get to that hearing, I'm going to say, who the heck are you and what are
[28:07.880 --> 28:12.440]  you doing in my court?
[28:12.440 --> 28:19.760]  You haven't been assigned to this case, so get lost.
[28:19.760 --> 28:22.920]  This is getting to be way too much fun.
[28:22.920 --> 28:24.560]  Okay.
[28:24.560 --> 28:29.040]  That's kind of what's going on with Victoria County, and-
[28:29.040 --> 28:36.840]  Randy, that brings something to my mind, could he be impersonating a judicial officer, even
[28:36.840 --> 28:38.760]  though he is a judicial officer?
[28:38.760 --> 28:42.680]  Is he impersonating some other judicial officer?
[28:42.680 --> 28:50.640]  He may be a judicial officer somewhere, but he's not one in Victoria County, so absolutely
[28:50.640 --> 28:52.960]  he's impersonating a judicial officer.
[28:52.960 --> 28:55.480]  That's why I'm saying, what are you doing in my court?
[28:55.480 --> 28:56.480]  Exactly.
[28:56.480 --> 29:00.880]  It sounds like he just rang the criminal bell.
[29:00.880 --> 29:07.480]  That's the way it sounds to me, guys, when you take these people on, if you read the
[29:07.480 --> 29:17.680]  codes and follow the rules, they absolutely never get anything right.
[29:17.680 --> 29:23.240]  It's like they go out of their way to screw everything up.
[29:23.240 --> 29:28.560]  They are so accustomed to doing whatever they want to, and lawyers never raise an objection
[29:28.560 --> 29:34.000]  because they're terrified of the judges, so when a pro se from hell comes along, they
[29:34.000 --> 29:35.320]  just can't get it right.
[29:35.320 --> 29:38.280]  We're going to go to our callers when we come back.
[29:38.280 --> 29:44.640]  This is Randy Kelton, Brett Fountain, Wheel of Life Radio on this, the 19th day of August
[29:44.640 --> 29:45.640]  2022.
[29:45.640 --> 29:50.880]  Did I get that right, Brett?
[29:50.880 --> 29:52.840]  You sure did.
[29:52.840 --> 29:55.280]  You know I'm old and in my dotage.
[29:55.280 --> 29:56.280]  Okay.
[29:56.280 --> 29:57.280]  Hang on.
[29:57.280 --> 30:02.640]  We'll be right back if I don't pause.
[30:02.640 --> 30:06.240]  It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.240 --> 30:07.240]  affected our health?
[30:07.240 --> 30:11.400]  Hi, Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how
[30:11.400 --> 30:15.720]  cell phones may actually alter our brain chemistry.
[30:15.720 --> 30:17.320]  Privacy is under attack.
[30:17.320 --> 30:21.720]  When you give up data about yourself, you'll never get it back again, and once your privacy
[30:21.720 --> 30:25.680]  is gone, you'll find your freedoms will start to vanish, too.
[30:25.680 --> 30:30.680]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.680 --> 30:33.440]  Privacy, it's worth hanging onto.
[30:33.440 --> 30:37.740]  This public service announcement is brought to you by Startpage.com, the private search
[30:37.740 --> 30:41.280]  engine alternative to Google, Yahoo, and Bing.
[30:41.280 --> 30:45.080]  Start over with Startpage.
[30:45.080 --> 30:49.320]  Cell phones emit radio frequency energy, it's a fact, but whether it's dangerous to have
[30:49.320 --> 30:52.560]  a phone beaming this kind of radiation near your head has been disputed.
[30:52.560 --> 30:57.200]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.200 --> 31:01.600]  Well, now the Journal of the American Medical Association is confirming that cell phones
[31:01.600 --> 31:02.600]  affect brain chemistry.
[31:02.600 --> 31:08.240]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.240 --> 31:11.920]  to the cell phone antenna increases when the cell phone is on.
[31:11.920 --> 31:15.840]  While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:15.840 --> 31:16.840]  chances.
[31:16.840 --> 31:20.200]  I always keep the phone far from my body, and I use a corded headset.
[31:20.200 --> 31:22.240]  I'm Dr. Catherine Albrecht.
[31:22.240 --> 31:30.520]  More news and information at CatherineAlbrecht.com.
[31:30.520 --> 31:31.520]  I lost my son.
[31:31.520 --> 31:32.520]  My nephew.
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[31:35.520 --> 31:38.800]  Most people don't know that a third tower fell on September 11th.
[31:38.800 --> 31:42.840]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.840 --> 31:48.800]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.800 --> 31:52.560]  and engineers have looked into the evidence and believe there is more to the story.
[31:52.560 --> 31:55.640]  Bring justice to my son, my uncle, my nephew, my son.
[31:55.640 --> 31:57.880]  Go to buildingwhat.org.
[31:57.880 --> 32:01.760]  Why it fell, why it matters, and what you can do.
[32:01.760 --> 32:06.040]  Are you looking to have a closer relationship with God and a better understanding of His
[32:06.040 --> 32:07.040]  Word?
[32:07.040 --> 32:11.800]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time
[32:11.800 --> 32:17.080]  for Scripture Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy
[32:17.080 --> 32:18.080]  2.15.
[32:18.080 --> 32:23.080]  Study to show thyself approved unto God, a workman that needeth not to be ashamed,
[32:23.080 --> 32:25.640]  rightly dividing the word of truth.
[32:25.640 --> 32:29.600]  Starting in January, our first-hour studies are in the Book of Mark, where we'll go verse
[32:29.600 --> 32:32.920]  by verse and discuss the true Gospel message.
[32:32.920 --> 32:37.560]  Our second-hour topical studies will vary each week with discussions on sound doctrine
[32:37.560 --> 32:39.960]  and Christian character development.
[32:39.960 --> 32:44.480]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.480 --> 32:48.840]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.840 --> 32:50.480]  of our Lord and Savior Jesus.
[32:50.480 --> 32:57.720]  So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and
[32:57.720 --> 33:00.560]  motivate your studies of the Scriptures.
[33:00.560 --> 33:10.240]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:10.240 --> 33:37.840]  Yeah, I got a warrant, and I gonna solve them, to the government them, prosecute them, okay?
[33:37.840 --> 33:47.320]  Okay, howdy, howdy, Randy Kelter, Brett Fountain, Rue of La Radio.
[33:47.320 --> 33:55.120]  We are back, and we're going to talk to James in Utah.
[33:55.120 --> 34:00.520]  Let me get you unmuted there.
[34:00.520 --> 34:02.440]  The unmuting didn't seem to take.
[34:02.440 --> 34:04.440]  There we go, gotcha.
[34:04.440 --> 34:05.440]  James.
[34:05.440 --> 34:09.520]  Are you a first-time caller?
[34:09.520 --> 34:15.640]  I am a first-time caller into the show, however, we have chatted back and forth a number of
[34:15.640 --> 34:22.320]  times on Telegram, you and I as well as Brett, I am better known as James the Patriot on
[34:22.320 --> 34:23.320]  Telegram.
[34:23.320 --> 34:24.320]  Oh, okay.
[34:24.320 --> 34:32.600]  I have looked at James the Patriot's work, and I would that my documents look as clean
[34:32.600 --> 34:35.600]  and well-structured as yours do.
[34:35.600 --> 34:40.320]  Oh, just stop it right now.
[34:40.320 --> 34:49.600]  Well, Brett, you're just more patient, I don't kill the ears out.
[34:49.600 --> 34:52.920]  Okay, what do you have for us today?
[34:52.920 --> 34:58.600]  Well, I've got a couple of things I thought I would share with you and all the other listeners.
[34:58.600 --> 35:05.160]  I know a lot of people have been asking me to update them on some things, but as a lot
[35:05.160 --> 35:09.760]  of the folks who I've worked with and who kind of follow us know, I've got my hands
[35:09.760 --> 35:16.760]  in the end that right now, half a dozen federal lawsuits.
[35:16.760 --> 35:26.000]  The first I wanted to talk about real quick was some good friends of mine and I, we filed
[35:26.000 --> 35:32.920]  a lawsuit against a couple of local school districts here in Utah over deprivations of
[35:32.920 --> 35:39.480]  rights under the color of law, and we filed that suit in federal district court in November
[35:39.480 --> 35:40.480]  of last year.
[35:40.480 --> 35:45.920]  You want to talk about Doc Graves' flurry of motions.
[35:45.920 --> 35:54.360]  We have had a monstrous monsoon of motions.
[35:54.360 --> 35:59.440]  In the interest of time, what had happened was we filed, originally it was two separate
[35:59.440 --> 36:00.440]  suits.
[36:00.440 --> 36:05.220]  I was on a suit by myself representing my minor children.
[36:05.220 --> 36:12.400]  My other close friends were on a separate suit representing their minor children.
[36:12.400 --> 36:18.040]  And then we got a notice, well, I should say I'm back up a little bit, because there's
[36:18.040 --> 36:24.340]  an obscure law here in Utah that school districts are required to participate in a risk mitigation
[36:24.340 --> 36:29.880]  fund, which was set up by the legislature, that specifically states that if a suit is
[36:29.880 --> 36:35.880]  brought against the school district or any school district employees, that attorneys
[36:35.880 --> 36:42.640]  within the litigation division of the Utah Attorney General's office represents them.
[36:42.640 --> 36:45.640]  So what happened when we served our lawsuits...
[36:45.640 --> 36:46.640]  Sorry.
[36:46.640 --> 36:47.640]  I'm sorry.
[36:47.640 --> 36:48.640]  Go ahead.
[36:48.640 --> 36:49.640]  You're okay.
[36:49.640 --> 36:58.840]  We served our lawsuits, so the same office is representing both school districts.
[36:58.840 --> 37:08.040]  And what happened was one of the school districts filed a 12b6 motion to dismiss, the other
[37:08.040 --> 37:09.040]  did not.
[37:09.040 --> 37:10.040]  They did nothing.
[37:10.040 --> 37:13.200]  Matter of fact, we filed for default judgment.
[37:13.200 --> 37:15.840]  And then before we got an answer from the court...
[37:15.840 --> 37:19.840]  Can you prove up service?
[37:19.840 --> 37:20.840]  Yes.
[37:20.840 --> 37:21.840]  Yes.
[37:21.840 --> 37:28.320]  We had a third party company that filed an affidavit, and we filed the affidavit into
[37:28.320 --> 37:31.880]  the court record.
[37:31.880 --> 37:34.560]  That's the only...
[37:34.560 --> 37:39.240]  Your only defense against the default is improper service.
[37:39.240 --> 37:40.240]  Exactly.
[37:40.240 --> 37:44.640]  So they just might be scowled.
[37:44.640 --> 37:50.360]  Well, it's just interesting, Randy.
[37:50.360 --> 37:58.000]  So what happened was we filed our motion for default judgment, the order and everything.
[37:58.000 --> 38:03.880]  And then this shyster, I mean, he went apoplectic, he's like, I don't know how I missed this.
[38:03.880 --> 38:08.120]  He filed an objection to it, he's like, we're under such heavy litigation, blah, blah, blah,
[38:08.120 --> 38:09.120]  blah, blah.
[38:09.120 --> 38:14.560]  And I'm just barging in the month and night knowing I really don't care.
[38:14.560 --> 38:22.440]  Before we got an answer from the court, the district judge acting on the court's own initiative
[38:22.440 --> 38:27.320]  decided to consolidate these two cases into one.
[38:27.320 --> 38:34.920]  So I filed an objection under the rest judicata stating that, well, we're entitled as a matter
[38:34.920 --> 38:39.040]  of law to default.
[38:39.040 --> 38:43.760]  Then I get an order back from the judge where she grants the default, but then the court
[38:43.760 --> 38:47.680]  to respond, say, sets the default judgment aside.
[38:47.680 --> 38:48.680]  So the court...
[38:48.680 --> 38:54.160]  Under what authority did the court set a default judgment aside?
[38:54.160 --> 38:55.160]  Right.
[38:55.160 --> 38:58.160]  On what grounds could it possibly?
[38:58.160 --> 38:59.160]  Well that's what...
[38:59.160 --> 39:00.160]  No, no.
[39:00.160 --> 39:02.920]  Where does the judge have the power to do that?
[39:02.920 --> 39:03.920]  Exactly.
[39:03.920 --> 39:06.360]  That's where I'm...
[39:06.360 --> 39:14.640]  And this district judge, she brought up cases out of the District Court of New Mexico that
[39:14.640 --> 39:16.120]  was a very similar scenario.
[39:16.120 --> 39:19.480]  It's not exactly the same, but it's very similar.
[39:19.480 --> 39:26.400]  So she then issues an order that says these two cases are to be consolidated under the
[39:26.400 --> 39:31.320]  local rule court, court local rule here, which by the way, I can find nothing under the federal
[39:31.320 --> 39:38.400]  rules or anywhere for that matter on proper court procedure for consolidation of cases.
[39:38.400 --> 39:42.920]  Did the judge cite the local court rule?
[39:42.920 --> 39:43.920]  She did.
[39:43.920 --> 39:44.920]  Yes.
[39:44.920 --> 39:52.920]  Did you read the rule and did it essentially authorize her to do what she did?
[39:52.920 --> 39:53.920]  Yes.
[39:53.920 --> 39:59.800]  I actually have the rule right here in front of me.
[39:59.800 --> 40:09.360]  It says that under local rule 42-1, so this is District of Utah civil rule 42-1, consolidation
[40:09.360 --> 40:16.560]  of civil cases, subsection A motion, any party may file a motion and propose order to consolidate
[40:16.560 --> 40:22.240]  two or more cases before a single judge if the party believes that such cases or matters
[40:22.240 --> 40:26.760]  arise from the same transaction, involve the same parties or property, yada, yada, yada,
[40:26.760 --> 40:27.760]  yada.
[40:27.760 --> 40:28.760]  Wait a minute.
[40:28.760 --> 40:36.600]  Wait a minute, did it in any place in there say that the judge may consolidate Sue Esponte?
[40:36.600 --> 40:43.400]  It said that any party could file, did it say that the judge can do it without a filing?
[40:43.400 --> 40:44.400]  Yes.
[40:44.400 --> 40:52.200]  Under this rule, there's three options where cases can be consolidated by motion, motion
[40:52.200 --> 40:58.560]  to be filed in a lower number case or number C, Sue Esponte consolidation.
[40:58.560 --> 41:05.760]  This should get an immediate interlocutory appeal.
[41:05.760 --> 41:15.640]  In the interest of judicial economy, as the one case was already defaulted out and that
[41:15.640 --> 41:25.600]  case was essentially adjudicated, to consolidate it is to reinvigorate the case when the case
[41:25.600 --> 41:29.120]  doesn't warrant reinvigoration.
[41:29.120 --> 41:30.120]  I agree.
[41:30.120 --> 41:31.120]  I agree.
[41:31.120 --> 41:33.120]  That's a good way to put it.
[41:33.120 --> 41:34.120]  Yeah.
[41:34.120 --> 41:40.000]  I filed that in my application and the judge was like, I just noted, but we're just going
[41:40.000 --> 41:43.000]  to do this anyway.
[41:43.000 --> 41:45.840]  Now it's time to go stop them in their tracks.
[41:45.840 --> 41:51.320]  If you want to beat them up, get them to come to the table, get them to make your deal.
[41:51.320 --> 41:55.360]  Don't let them get past anything.
[41:55.360 --> 42:04.880]  The best effect we've had is with interlocutory appeal and with a petition for writ of mandamus
[42:04.880 --> 42:11.000]  because when you do those, either one of those or habeas, you take it out of their court
[42:11.000 --> 42:13.120]  and move it into a higher court.
[42:13.120 --> 42:19.900]  You get the court of appeals looking back down on this district judge and addressing
[42:19.900 --> 42:21.640]  his bad behavior.
[42:21.640 --> 42:27.840]  They don't like that because it takes things out of their hands and it costs the other
[42:27.840 --> 42:38.640]  side of fortune, especially if you're a barber, even if you're into the Stone Age.
[42:38.640 --> 42:42.240]  Have you considered filing... Do you guys have a lawyer?
[42:42.240 --> 42:43.240]  No.
[42:43.240 --> 42:46.560]  That's like a cuss word in my book.
[42:46.560 --> 42:48.560]  Randy, how dare you?
[42:48.560 --> 42:55.320]  Okay, so are you having any kind of discourse with these lawyers?
[42:55.320 --> 42:58.480]  Oh, I have.
[42:58.480 --> 43:00.920]  Brett, talk to him.
[43:00.920 --> 43:02.920]  Get him straightened out here.
[43:02.920 --> 43:07.320]  Well, James, I guess you realize you don't have to talk to the lawyers.
[43:07.320 --> 43:11.920]  If you're talking to them because you want to and you want to slap them around or something,
[43:11.920 --> 43:18.520]  that's no problem, but just realize also that you don't have to.
[43:18.520 --> 43:20.280]  Those guys hired this lawyer.
[43:20.280 --> 43:22.680]  You didn't.
[43:22.680 --> 43:30.080]  Those guys agreed with the lawyer that they wouldn't talk to the opposing party.
[43:30.080 --> 43:33.580]  You didn't make that agreement.
[43:33.580 --> 43:35.920]  You didn't make that agreement.
[43:35.920 --> 43:39.480]  You didn't agree not to talk to the opposing party.
[43:39.480 --> 43:48.480]  So in my case, I'm going to file my documents to the defendant, not to the defendant's
[43:48.480 --> 43:49.480]  counsel.
[43:49.480 --> 43:50.480]  Hang on.
[43:50.480 --> 43:56.040]  About to go to our sponsors, Randy Kelton, Brett Fountain, Wheel of Law Radio.
[43:56.040 --> 43:58.040]  We'll be right back.
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[45:43.640 --> 45:49.800]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
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[46:20.640 --> 46:40.160]  Thank you.
[46:50.640 --> 47:01.520]  Okay, we are back, Randy Kelton, Brett Fountain, Wheel of Law Radio, and when we went out,
[47:01.520 --> 47:08.160]  we were talking about how to deal with the other lawyer and make their lives a living
[47:08.160 --> 47:09.160]  hell.
[47:09.160 --> 47:14.160]  James, what is the lawyer going to do if you won't talk to him?
[47:14.160 --> 47:22.760]  Well, I can already tell you what the lawyer will do.
[47:22.760 --> 47:26.120]  Let me bring it forward a little bit to fill in some of the blanks.
[47:26.120 --> 47:32.880]  So the court, again, ordered a consolidation of the cases.
[47:32.880 --> 47:38.640]  I had already been working on my amended complaint because I was already served with the 12b6
[47:38.640 --> 47:42.640]  motion to dismiss prior to the consolidation of the cases.
[47:42.640 --> 47:48.560]  So when the cases were consolidated, we filed a new amended complaint with the court and
[47:48.560 --> 47:51.640]  we got, lo and behold, another 12b6 motion is dispensed.
[47:51.640 --> 47:59.880]  So among another major issues, this- Wait a minute, hold on.
[47:59.880 --> 48:06.640]  Another 12b6, was this 12b6 for both cases?
[48:06.640 --> 48:07.640]  Yes.
[48:07.640 --> 48:14.800]  Because in the- They're so creative.
[48:14.800 --> 48:22.360]  In the court's order consolidating the cases, the court said or granted the defendants an
[48:22.360 --> 48:26.400]  opportunity to file another 12b6 motion.
[48:26.400 --> 48:32.360]  Did you file criminal charges against the judge claiming that the judge denied you in
[48:32.360 --> 48:35.360]  due process?
[48:35.360 --> 48:37.240]  That I have not done.
[48:37.240 --> 48:38.240]  What?
[48:38.240 --> 48:40.520]  You might consider that.
[48:40.520 --> 48:46.200]  When you file a judicial conduct complaint in the Fed, it is a whole other animal than
[48:46.200 --> 48:48.280]  in the state.
[48:48.280 --> 48:50.960]  The Fed holds a hearing on it.
[48:50.960 --> 48:57.060]  You file it like a, it's like a civil action.
[48:57.060 --> 49:04.560]  You can claim that the judge consolidated the cases only after there was a default and
[49:04.560 --> 49:11.160]  then use that consolidation to set aside your, the default, which you had a statutory right
[49:11.160 --> 49:12.160]  to.
[49:12.160 --> 49:16.920]  So the judge denied you in procedural due process.
[49:16.920 --> 49:21.960]  That's a great point, very good point.
[49:21.960 --> 49:24.760]  Hey, Doug, that's why I get the big box.
[49:24.760 --> 49:30.320]  It's still true, but the answer- Debra is going to double my salary again.
[49:30.320 --> 49:34.760]  We ought to just tell her to put another zero at the end of it.
[49:34.760 --> 49:35.760]  There you go.
[49:35.760 --> 49:38.760]  A long string of them.
[49:38.760 --> 49:49.680]  To answer your question about the attorney, in their 12b6 motion after Maher amended complaint,
[49:49.680 --> 49:56.480]  she perjured herself, clear as day, in that she claimed there was information that she
[49:56.480 --> 50:01.760]  took directly from the amended complaint, which it was not there, clear as day.
[50:01.760 --> 50:07.400]  Long story short, we found criminal- Okay, wait, wait, before we move past this, was
[50:07.400 --> 50:15.880]  the perjured statement, did it go to facts that were material?
[50:15.880 --> 50:16.880]  Yes.
[50:16.880 --> 50:17.880]  Okay.
[50:17.880 --> 50:28.720]  It went to the specific material facts of the case, and she was deliberately attempting
[50:28.720 --> 50:33.960]  to mislead the court in a different direction.
[50:33.960 --> 50:41.080]  You might consider filing an amended pleading, or at least petition the court, write up an
[50:41.080 --> 50:45.040]  amended pleading, naming the lawyer for malpractice.
[50:45.040 --> 50:50.640]  And ask the court to accept your amended pleading.
[50:50.640 --> 50:58.640]  Now, the court is likely to deny it, but that gives you another point for appeal.
[50:58.640 --> 51:02.280]  Are you saying adding the lawyer in as a defendant?
[51:02.280 --> 51:11.240]  Yes, for committing aggravated perjury to your detriment.
[51:11.240 --> 51:21.840]  Now the lawyer can't be the lawyer anymore, because now the lawyer's a litigant.
[51:21.840 --> 51:30.000]  And didn't you say that they have just this one law firm supporting both of those cases?
[51:30.000 --> 51:34.880]  It's the attorney general's office of the state of Utah.
[51:34.880 --> 51:45.040]  Oh, wait a minute, wait a minute, this goes to official misconduct.
[51:45.040 --> 51:46.040]  Yes.
[51:46.040 --> 51:53.840]  Did you file official misconduct charges against the lawyer for lying to the court, for failure
[51:53.840 --> 51:58.000]  to speak with candor to the court?
[51:58.000 --> 51:59.000]  I did.
[51:59.000 --> 52:00.000]  I did.
[52:00.000 --> 52:01.000]  Oh.
[52:01.000 --> 52:02.000]  I like this guy, Brad.
[52:02.000 --> 52:08.000]  Federal criminal complaint, I filed a federal criminal complaint, and I filed a state criminal
[52:08.000 --> 52:09.000]  complaint.
[52:09.000 --> 52:12.240]  Okay, let's talk about federal criminal complaint for a second.
[52:12.240 --> 52:17.160]  How did you file the federal criminal complaint?
[52:17.160 --> 52:19.200]  I did it two ways.
[52:19.200 --> 52:25.120]  The first was, and thanks to Brett for his wonderful video on Telegram for showing people
[52:25.120 --> 52:30.320]  how to do a federal criminal complaint, I downloaded the federal criminal complaint from
[52:30.320 --> 52:38.680]  the uscourts.gov website, filled it out, typed in the 18 U.S.C., I can't remember the top
[52:38.680 --> 52:44.400]  of my head, 13-something for perjury, there was another one for misrepresentations before
[52:44.400 --> 52:52.640]  the court, and I filed it into my case, so it's now on the court docket there.
[52:52.640 --> 52:55.840]  No, no, no, wrong, wrong, wrong, wrong, wrong.
[52:55.840 --> 52:56.840]  Okay.
[52:56.840 --> 53:00.040]  Well, hang on, he's going to tell us the second place he put it.
[53:00.040 --> 53:04.320]  Oh, okay, I'm going to shut it up now.
[53:04.320 --> 53:10.400]  I also filed it with the U.S. attorney for the state, for the district of Utah, for the
[53:10.400 --> 53:11.400]  U.S. attorney.
[53:11.400 --> 53:14.680]  No, no, no, wrong, wrong, wrong, wrong, wrong.
[53:14.680 --> 53:15.680]  Okay.
[53:15.680 --> 53:20.000]  The U.S. attorney is just going to wipe his behind with it and throw it in his trash.
[53:20.000 --> 53:22.080]  And I knew he would, yes.
[53:22.080 --> 53:25.160]  Okay, here's what we do.
[53:25.160 --> 53:33.600]  You take the complaint and look on the FBI website and find who the special agent in
[53:33.600 --> 53:36.840]  charge of your local FBI is.
[53:36.840 --> 53:42.800]  That is the only FBI agent whose name you can get.
[53:42.800 --> 53:49.000]  So you make up a criminal accusation and you send it to the special agent in charge of
[53:49.000 --> 53:56.200]  the FBI by certified mail and you insure it.
[53:56.200 --> 54:02.720]  It comes at 50 bucks anyway, but for about 10 or 15 bucks, you can insure it for 500.
[54:02.720 --> 54:10.400]  And you include a cover letter to the special agent in charge and a stamp-severed envelope
[54:10.400 --> 54:16.680]  and ask the special agent in charge in the cover letter to initial this document and
[54:16.680 --> 54:21.520]  return it to me in the stamp-severed envelope so I will know that you actually received
[54:21.520 --> 54:22.520]  it.
[54:22.520 --> 54:28.960]  Well, you're not going to get that back.
[54:28.960 --> 54:37.200]  But when you don't get it back, then you have reason to believe and do believe that somebody
[54:37.200 --> 54:44.520]  tampered with the U.S. mail and the special agent in charge did not get your criminal
[54:44.520 --> 54:49.320]  complaint because if he did, he would have sent this back to you.
[54:49.320 --> 54:58.560]  So you call the postal inspectors and you want to collect 500 bucks insurance.
[54:58.560 --> 55:03.600]  And the postal inspectors are not going to want to pay you 500 bucks.
[55:03.600 --> 55:08.400]  So they're going to send a couple of posting inspectors down to the FBI and ask them what
[55:08.400 --> 55:14.160]  the heck happened to this piece of mail.
[55:14.160 --> 55:15.920]  That'll get interesting.
[55:15.920 --> 55:21.040]  The FBI treats the postal inspectors like stepchildren.
[55:21.040 --> 55:26.800]  You give them an opportunity to go down there and stomp all over the feds, they're likely
[55:26.800 --> 55:33.440]  to send you a Christmas card.
[55:33.440 --> 55:37.240]  Now that was an evil laugh and that's the kind I like to hear.
[55:37.240 --> 55:40.240]  That's why I keep saying this.
[55:40.240 --> 55:44.400]  You can't expect to win the case just because you have the law and the facts on your side.
[55:44.400 --> 55:46.840]  You win the case if you have the politics on your side.
[55:46.840 --> 55:49.240]  So where are all the politics?
[55:49.240 --> 55:53.840]  Where are all the influences that you can bring?
[55:53.840 --> 56:02.640]  And when you don't get this cover letter back, then you send a complaint to the federal grand
[56:02.640 --> 56:12.040]  jury by way of the U.S. attorney's address and you insure that one as well and you address
[56:12.040 --> 56:15.520]  it to the foreman of the federal grand jury.
[56:15.520 --> 56:21.240]  And when the U.S. attorney gets it and opens it, he's going to see criminal complaints
[56:21.240 --> 56:26.840]  against the special agent charged to the local FBI.
[56:26.840 --> 56:32.720]  And he's likely to do like the one in Fort Lauderdale was stupid enough to do when we
[56:32.720 --> 56:36.800]  filed criminal complaints against an IRS agent.
[56:36.800 --> 56:41.920]  Called me and told me I attempted to contact the grand jury again and he would charge me
[56:41.920 --> 56:43.400]  with jury tampering.
[56:43.400 --> 56:47.960]  I told him, knock yourself out, Bubba.
[56:47.960 --> 56:51.600]  You charge me with jury tampering, I'll charge you with obstruction.
[56:51.600 --> 56:53.920]  We'll see how this works out for you.
[56:53.920 --> 56:54.920]  Click.
[56:54.920 --> 57:01.160]  And the next day they fired the IRS agent.
[57:01.160 --> 57:04.280]  You can handle these guys.
[57:04.280 --> 57:08.040]  So this is the way to handle the Fed.
[57:08.040 --> 57:13.360]  I did this in Travis County and I gave a set of complaints to the, I went to give it to
[57:13.360 --> 57:17.800]  the grand jury and this investigator for the Travis County District Attorney came out
[57:17.800 --> 57:20.400]  and said, well, you can give them to me.
[57:20.400 --> 57:24.160]  I said, well, make sure you give them to the foreman of the grand jury the way they're
[57:24.160 --> 57:31.680]  addressed to and tell your boss, whatever he does, don't open it.
[57:31.680 --> 57:35.080]  What do you think his boss did?
[57:35.080 --> 57:43.480]  When he opened it, he found there were complaints against him for secreting criminal complaints
[57:43.480 --> 57:48.000]  against public officials from the grand jury.
[57:48.000 --> 57:58.360]  Okay, this is a, I'm not proposing a specific prescription.
[57:58.360 --> 58:03.080]  I'm proposing a way of thinking about this.
[58:03.080 --> 58:09.840]  How do you put these guys on the legal dime?
[58:09.840 --> 58:14.120]  The grand jury, there's nothing preventing you from going to a grand jury.
[58:14.120 --> 58:17.760]  Nothing, not anywhere in law.
[58:17.760 --> 58:22.320]  So what you're not forbidden to do, you may do.
[58:22.320 --> 58:23.840]  I got another suggestion for you.
[58:23.840 --> 58:29.560]  Maybe after we come back from the sponsors, I'll tell you about another way that you can
[58:29.560 --> 58:37.040]  take your criminal complaint to the feds and get around the circumvent, their typical way
[58:37.040 --> 58:40.840]  of setting themselves up as obstacles to your justice.
[58:40.840 --> 58:41.840]  Oh, good.
[58:41.840 --> 58:45.880]  Then I'm going to take notes.
[58:45.880 --> 58:50.360]  Randy, Brett, we'll be right back.
[58:50.360 --> 58:54.520]  Would you like to make more definite progress in your walk with God?
[58:54.520 --> 58:59.680]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.680 --> 59:01.040]  can really help.
[59:01.040 --> 59:05.500]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.500 --> 59:06.500]  today.
[59:06.500 --> 59:10.400]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.400 --> 59:13.500]  to know God and to know the meaning of life.
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[59:18.760 --> 59:23.040]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
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[59:32.960 --> 59:40.720]  Life, call Bibles for America toll free at 888-551-0102.
[59:40.720 --> 59:51.120]  That's 888-551-0102 or visit us online at bfa.org.
[59:51.120 --> 01:00:02.400]  Live free speech radio, logosradionetwork.com.
[01:00:02.400 --> 01:00:06.080]  The Bill of Rights contains the first 10 amendments of our constitution.
[01:00:06.080 --> 01:00:09.520]  They guarantee the specific freedoms Americans should know and protect.
[01:00:09.520 --> 01:00:10.920]  Our liberty depends on it.
[01:00:10.920 --> 01:00:14.880]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:00:14.880 --> 01:00:17.760]  one of your constitutional rights.
[01:00:17.760 --> 01:00:19.360]  Privacy is under attack.
[01:00:19.360 --> 01:00:22.960]  When you give up data about yourself, you'll never get it back again.
[01:00:22.960 --> 01:00:27.720]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.720 --> 01:00:29.160]  So protect your rights.
[01:00:29.160 --> 01:00:32.760]  Say no to surveillance and keep your information to yourself.
[01:00:32.760 --> 01:00:35.480]  Privacy, it's worth hanging on to.
[01:00:35.480 --> 01:00:39.760]  This public service announcement is brought to you by Startpage.com, the private search
[01:00:39.760 --> 01:00:43.320]  engine alternative to Google, Yahoo and Bing.
[01:00:43.320 --> 01:00:46.760]  Start over with Startpage.
[01:00:46.760 --> 01:00:49.100]  Imagine your mom and dad are getting ready for bed.
[01:00:49.100 --> 01:00:52.200]  They pull back the covers and find a third party there.
[01:00:52.200 --> 01:00:55.400]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.400 --> 01:00:59.540]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment
[01:00:59.540 --> 01:01:01.120]  was designed to prevent.
[01:01:01.120 --> 01:01:05.320]  It protects us from being forced to share our homes with soldiers, a common demand in
[01:01:05.320 --> 01:01:07.440]  the days of our founding fathers.
[01:01:07.440 --> 01:01:08.440]  Third party?
[01:01:08.440 --> 01:01:09.440]  Third Amendment?
[01:01:09.440 --> 01:01:10.440]  Get it?
[01:01:10.440 --> 01:01:13.600]  So if you answer a knock at your door and guys in fatigues demand lodging, tell them
[01:01:13.600 --> 01:01:17.120]  to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:17.120 --> 01:01:18.920]  I'm Dr. Catherine Albrecht.
[01:01:18.920 --> 01:01:32.160]  More news and information at CatherineAlbrecht.com.
[01:01:32.160 --> 01:01:35.840]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.840 --> 01:01:39.280]  They guarantee you the specific freedoms Americans should know and protect.
[01:01:39.280 --> 01:01:40.640]  Our liberty depends on it.
[01:01:40.640 --> 01:01:44.680]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:01:44.680 --> 01:01:47.640]  one of your constitutional rights.
[01:01:47.640 --> 01:01:49.240]  Privacy is under attack.
[01:01:49.240 --> 01:01:52.840]  When you give up data about yourself, you'll never get it back again.
[01:01:52.840 --> 01:01:57.600]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.600 --> 01:02:02.680]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:02:02.680 --> 01:02:05.360]  Privacy, it's worth hanging on to.
[01:02:05.360 --> 01:02:09.640]  This public service announcement is brought to you by Startpage.com, the private search
[01:02:09.640 --> 01:02:13.200]  engine alternative to Google, Yahoo and Bing.
[01:02:13.200 --> 01:02:15.200]  Start over with Startpage.
[01:02:15.200 --> 01:02:21.880]  Imagine four eyes staring at you through binoculars, a magnifying glass or a pair of x-ray goggles.
[01:02:21.880 --> 01:02:26.740]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[01:02:26.740 --> 01:02:28.200]  search and seizure.
[01:02:28.200 --> 01:02:29.200]  Fourth Amendment?
[01:02:29.200 --> 01:02:30.600]  Four eyes staring at you?
[01:02:30.600 --> 01:02:31.600]  Get it?
[01:02:31.600 --> 01:02:34.560]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[01:02:34.560 --> 01:02:35.560]  security.
[01:02:35.560 --> 01:02:40.240]  Kees and Pointe, TSA airport scanners that peer under your clothing.
[01:02:40.240 --> 01:02:44.240]  When government employees demand a peep at your privates without probable cause, I say
[01:02:44.240 --> 01:02:47.080]  it's time to sound the constitutional alarm bells.
[01:02:47.080 --> 01:02:51.360]  Join me in asking our representatives to dust off the Bill of Rights and use their googly
[01:02:51.360 --> 01:02:53.480]  eyes to take a gander at the Fourth.
[01:02:53.480 --> 01:02:57.840]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:03:23.480 --> 01:03:37.400]  Okay.
[01:03:37.400 --> 01:03:38.400]  We are back.
[01:03:38.400 --> 01:03:44.880]  Randy Kelton from Brent Fountain, Rue La La Radio on this Friday, the 19th day of August
[01:03:44.880 --> 01:03:45.880]  2022.
[01:03:45.880 --> 01:03:51.120]  And we're talking to James in Utah.
[01:03:51.120 --> 01:03:53.440]  Utah, yeah.
[01:03:53.440 --> 01:04:00.160]  And Brent was, I forgot what Brent was doing, but he was doing something.
[01:04:00.160 --> 01:04:03.440]  I took a nap over the break, I'm old.
[01:04:03.440 --> 01:04:12.000]  Well, James, you were talking about where you took your documents to your criminal complaint.
[01:04:12.000 --> 01:04:18.240]  And one other possibility for you to consider, so like Randy was just talking about going
[01:04:18.240 --> 01:04:23.320]  to the FBI, the special agent in charge, and one thing you might consider too, maybe do
[01:04:23.320 --> 01:04:34.080]  before the FBI, or just another layer, is to go to the federal district courthouse and
[01:04:34.080 --> 01:04:38.480]  tell all the big armed thugs at the front door that won't let you in, tell them that
[01:04:38.480 --> 01:04:41.640]  you're there to see a federal magistrate judge.
[01:04:41.640 --> 01:04:45.640]  And they're going to tell you, no, you have an appointment, no, you can't come in, no,
[01:04:45.640 --> 01:04:46.640]  what's the matter with you?
[01:04:46.640 --> 01:04:48.320]  And they're going to kick you out.
[01:04:48.320 --> 01:04:58.440]  And then you run over to the nearby JP, some justice of the peace, and based on the federal
[01:04:58.440 --> 01:05:06.600]  rules of civil procedure, if you have a complaint, or criminal procedure, sorry, you have a complaint
[01:05:06.600 --> 01:05:14.000]  and it says if the federal magistrate judge is unavailable, then you can use any state
[01:05:14.000 --> 01:05:17.160]  or local judicial officer.
[01:05:17.160 --> 01:05:24.240]  And so far, it seems like it's not very hard to find a JP who is willing to go, oh, yeah,
[01:05:24.240 --> 01:05:26.800]  oh, I could do something in the Fed, that's awesome.
[01:05:26.800 --> 01:05:33.960]  So you take him a little printout that shows him rule three, and he's happy to sign his
[01:05:33.960 --> 01:05:38.560]  name on there, and you just say, yeah, the federal magistrate judge is unavailable.
[01:05:38.560 --> 01:05:41.120]  And so I'm looking to get somebody to sign this.
[01:05:41.120 --> 01:05:46.780]  It's basically the notary part, the part where you take, if you were doing a state complaint,
[01:05:46.780 --> 01:05:52.160]  you would be, you know, you swear it out, you do this in front of a notary public.
[01:05:52.160 --> 01:05:57.200]  But the federal one, you have to do it in front of a federal magistrate judge.
[01:05:57.200 --> 01:06:03.320]  But the rule says if he's unavailable, or she, then you can use any state or local judicial
[01:06:03.320 --> 01:06:04.320]  officer.
[01:06:04.320 --> 01:06:08.880]  So just something else to consider.
[01:06:08.880 --> 01:06:18.400]  Okay, that is in line with, in Texas, Attorney General Opinion H500.
[01:06:18.400 --> 01:06:26.160]  Attorney General Opinion H500 says that any magistrate can hear any complaint, state or
[01:06:26.160 --> 01:06:34.880]  federal felony or misdemeanor, from anywhere in the state.
[01:06:34.880 --> 01:06:40.680]  So you can take your complaints to any magistrate anywhere, state or federal.
[01:06:40.680 --> 01:06:41.680]  Yes.
[01:06:41.680 --> 01:06:48.160]  At least that's according to the, that's according to the state attorney general.
[01:06:48.160 --> 01:06:51.480]  But if you have this in Fed, that's even better.
[01:06:51.480 --> 01:06:57.320]  Yeah, because the feds will, if you don't start with that, then they'll say you should
[01:06:57.320 --> 01:06:58.320]  have.
[01:06:58.320 --> 01:07:07.440]  Yeah, that goes to touching all the bases.
[01:07:07.440 --> 01:07:09.120]  Yes.
[01:07:09.120 --> 01:07:17.000]  I can tell you, just by my limited knowledge, you know, obviously, this is why I listen
[01:07:17.000 --> 01:07:21.800]  to your show, Randy and Brent, and why I'm always active in the telegram groups with
[01:07:21.800 --> 01:07:28.280]  you all, Alphonse and Brandon and everyone else, is to continue to soak the stuff in.
[01:07:28.280 --> 01:07:34.560]  But prior to this understanding, my limited knowledge of where I didn't file this stuff,
[01:07:34.560 --> 01:07:39.840]  so I can tell you what, that really lit a fire under this attorney.
[01:07:39.840 --> 01:07:44.640]  She sent me an email where she was none too pleased with the bar grievances, with the
[01:07:44.640 --> 01:07:49.160]  cream of the flames, where I was asking the court to take judicial notice.
[01:07:49.160 --> 01:07:51.600]  Wait, wait, wait, wait, wait, wait.
[01:07:51.600 --> 01:07:56.400]  She sent an email where she addressed the bar grievances?
[01:07:56.400 --> 01:07:57.400]  Yes.
[01:07:57.400 --> 01:08:03.920]  Oh, that is such a no-no.
[01:08:03.920 --> 01:08:09.960]  Now you've filed against her for threatening and intimidating you because you filed a bar
[01:08:09.960 --> 01:08:11.240]  grievance.
[01:08:11.240 --> 01:08:18.680]  The state bars and the federal bar forbid the lawyers from talking to the filer.
[01:08:18.680 --> 01:08:21.600]  That's your teleacy, Jennifer.
[01:08:21.600 --> 01:08:32.520]  Her direct words were, this is unprofessional, and it's not how we do things in law.
[01:08:32.520 --> 01:08:35.760]  And I replied back to her, I said, respectfully, I don't give a crap.
[01:08:35.760 --> 01:08:42.000]  I'm not an attorney, and I'm not beholden to the same rules that you are.
[01:08:42.000 --> 01:08:43.000]  Why were you holding back?
[01:08:43.000 --> 01:08:44.000]  At Christmas time.
[01:08:44.000 --> 01:08:45.000]  I know, I should have gone full-blower.
[01:08:45.000 --> 01:08:46.000]  Goodness.
[01:08:46.000 --> 01:08:58.440]  I mean, it just makes me laugh, you're going to love this part, this attorney, by the way.
[01:08:58.440 --> 01:09:05.320]  Last year, in 2021, she was the Utah Bar Attorney of the Year, so there you go.
[01:09:05.320 --> 01:09:10.880]  I've got her committing perjury on the record, but don't you worry, she's the Utah Bar Attorney
[01:09:10.880 --> 01:09:15.680]  of the Year.
[01:09:15.680 --> 01:09:19.960]  It's likely to get her a Utah Attorney of the Year for next year.
[01:09:19.960 --> 01:09:26.760]  I think the biggest scoundrel in the bunch.
[01:09:26.760 --> 01:09:27.760]  You know what?
[01:09:27.760 --> 01:09:30.560]  Texas might just nominate her the Texas Bar Attorney of the Year, even though she doesn't
[01:09:30.560 --> 01:09:31.560]  practice in Texas.
[01:09:31.560 --> 01:09:32.560]  But hey, you know.
[01:09:32.560 --> 01:09:33.560]  It's just honorary.
[01:09:33.560 --> 01:09:34.560]  That's right.
[01:09:34.560 --> 01:09:35.560]  That's right.
[01:09:35.560 --> 01:09:44.920]  What do they call that, where they give you those degrees without ever going to college,
[01:09:44.920 --> 01:09:51.360]  where they just give you an honorary degree, yeah, that's what she said.
[01:09:51.360 --> 01:10:00.560]  I'm thinking that you should tell this lawyer, you should not play poker.
[01:10:00.560 --> 01:10:03.320]  She's told you how bad this bothered her.
[01:10:03.320 --> 01:10:07.560]  She should have kept her mouth shut.
[01:10:07.560 --> 01:10:14.480]  She's really not going to like what I'm about to do next.
[01:10:14.480 --> 01:10:18.280]  Bring everything forward to where I am today.
[01:10:18.280 --> 01:10:26.520]  We got, last week, I got the magistrate judge's report and recommendations on their motion
[01:10:26.520 --> 01:10:29.240]  to dismiss.
[01:10:29.240 --> 01:10:37.080]  I read through this and I posted this, I actually posted it in your group in the lawsuit side.
[01:10:37.080 --> 01:10:41.040]  I also posted my reply to it as well.
[01:10:41.040 --> 01:10:48.360]  And reading through the magistrate judge's report and recommendations, it's clearly,
[01:10:48.360 --> 01:10:54.120]  it's clear to see that this court is committing egregious bias and discrimination towards
[01:10:54.120 --> 01:10:55.120]  us.
[01:10:55.120 --> 01:10:58.280]  And so, again, I didn't hold back.
[01:10:58.280 --> 01:11:02.080]  I don't mince words when it comes to things because I don't, I just, I don't care.
[01:11:02.080 --> 01:11:07.240]  It's just like you said, right, this is guerrilla warfare, if you want to call it that.
[01:11:07.240 --> 01:11:13.040]  And we have to learn to fight in ways that are going to get us to the outcome we want.
[01:11:13.040 --> 01:11:16.080]  Because just like you said before, the law and the facts on your side, that's when you're
[01:11:16.080 --> 01:11:17.080]  going to win.
[01:11:17.080 --> 01:11:22.120]  So, I have my, the plaintiff's objection.
[01:11:22.120 --> 01:11:29.440]  I'm actually, I just finished up today typing up the judicial conduct complaint that I'm
[01:11:29.440 --> 01:11:36.200]  about to drop in the mail to the Chief Justice of the 10th Circuit Court of Appeals.
[01:11:36.200 --> 01:11:42.240]  And the magistrate judge is going to also be getting an anonymous copy to the mail.
[01:11:42.240 --> 01:11:46.880]  But just keep that on the down low.
[01:11:46.880 --> 01:11:53.560]  And where I go from here is, is I hadn't thought about the interlocutory appeal or even a writ
[01:11:53.560 --> 01:11:54.560]  of mandamus.
[01:11:54.560 --> 01:11:57.800]  And so, I'm going to look into that a little bit further to see if it would make more sense
[01:11:57.800 --> 01:12:04.720]  into getting this case resolved sooner than later.
[01:12:04.720 --> 01:12:15.280]  Yeah, interlocutory appeal and mandamus moves it out of the trial court into the higher
[01:12:15.280 --> 01:12:16.280]  court.
[01:12:16.280 --> 01:12:21.680]  And I really hate for that to happen, especially when you're talking bad about them.
[01:12:21.680 --> 01:12:25.760]  It puts a mark on their chart.
[01:12:25.760 --> 01:12:32.360]  Well, the main reason I was calling, I realized we took quite a bit of time to get here, is
[01:12:32.360 --> 01:12:40.840]  I'm helping a good friend of mine who was being charged with an obscure statute in a
[01:12:40.840 --> 01:12:43.320]  criminal court.
[01:12:43.320 --> 01:12:49.840]  And this criminal court in Utah, they're justice courts.
[01:12:49.840 --> 01:12:53.960]  I call them injustice courts because there's no justice there at all.
[01:12:53.960 --> 01:12:57.480]  But they clearly violated a number of his rights, his invalid rights.
[01:12:57.480 --> 01:13:03.680]  And so, we filed suits against these individuals in their individual capacity.
[01:13:03.680 --> 01:13:10.080]  We got a 12b6 motion yesterday, and every defense that's raised has nothing to do with
[01:13:10.080 --> 01:13:14.400]  anything that we talked about, so it doesn't touch the four corners of our complaint.
[01:13:14.400 --> 01:13:21.160]  And I was wondering, does it make sense to file a reply stating that it's a procedural
[01:13:21.160 --> 01:13:26.920]  and substantive nullity and that we can move for summary judgment because they didn't properly
[01:13:26.920 --> 01:13:33.720]  deny or raise a proper defense for everything in our claim?
[01:13:33.720 --> 01:13:40.920]  Excuse me, I'm having a little throat issue.
[01:13:40.920 --> 01:13:43.920]  Go ahead, Brett, I can't answer.
[01:13:43.920 --> 01:13:49.520]  Well, I don't know what Randy would say about that, but I would say yes, that sounds perfectly
[01:13:49.520 --> 01:13:50.520]  appropriate.
[01:13:50.520 --> 01:13:54.880]  If they didn't address the issues, they left it unaddressed.
[01:13:54.880 --> 01:14:04.280]  And so, yeah, you should be entitled to this positive emotion there.
[01:14:04.280 --> 01:14:05.280]  I'm back.
[01:14:05.280 --> 01:14:08.280]  I took some medication.
[01:14:08.280 --> 01:14:19.200]  Brett, that's a ready joke between us, but now I've lost my place.
[01:14:19.200 --> 01:14:21.520]  I had something really salient.
[01:14:21.520 --> 01:14:30.960]  He was wondering about, can he have a dispositive motion here just because they just went off
[01:14:30.960 --> 01:14:35.400]  blabbering about things that were not in the four corners of his document?
[01:14:35.400 --> 01:14:38.680]  They didn't address the issues that needed to be addressed.
[01:14:38.680 --> 01:14:48.120]  Did you listen to the first two segments where I was talking about what I was doing in Victoria
[01:14:48.120 --> 01:14:49.120]  County?
[01:14:49.120 --> 01:14:54.120]  Yes, where it needs to be verified, yes, I did.
[01:14:54.120 --> 01:14:58.280]  This is exactly the kind of issue that I was talking about.
[01:14:58.280 --> 01:15:02.880]  You look at what they're doing and take them to task on their own rules and on the details
[01:15:02.880 --> 01:15:04.560]  of what they're doing.
[01:15:04.560 --> 01:15:13.880]  And you can do this in mandamus or you can ask the higher court to order the lower court
[01:15:13.880 --> 01:15:17.000]  to follow the rule of law.
[01:15:17.000 --> 01:15:23.600]  And then if the higher court refuses to, then you can appeal it up to the Supreme.
[01:15:23.600 --> 01:15:30.000]  I had a guy in California that they were trying to foreclose on him.
[01:15:30.000 --> 01:15:39.120]  They came to me and we filed a who the heck are you suit against the bank.
[01:15:39.120 --> 01:15:44.840]  And Wells Fargo was the lender, Wells Fargo was the servicer, and Wells Fargo was doing
[01:15:44.840 --> 01:15:45.840]  the foreclosure.
[01:15:45.840 --> 01:15:47.720]  And we said, who the heck are you?
[01:15:47.720 --> 01:15:48.720]  I don't know you.
[01:15:48.720 --> 01:15:52.360]  I never entered into a contract with you, never entered into a contract with your alleged
[01:15:52.360 --> 01:15:53.360]  principal.
[01:15:53.360 --> 01:15:54.360]  Prove it up.
[01:15:54.360 --> 01:15:58.360]  You see, you don't have to admit to anything.
[01:15:58.360 --> 01:16:04.320]  We fought that all the way up to the California Supreme.
[01:16:04.320 --> 01:16:09.080]  It took seven years.
[01:16:09.080 --> 01:16:15.720]  We cost the bank a fortune.
[01:16:15.720 --> 01:16:18.520]  This is what you can do to them.
[01:16:18.520 --> 01:16:26.560]  Now, it's not proper for a lawyer to file motions and pleadings for the purpose of increasing
[01:16:26.560 --> 01:16:29.360]  the cost of litigation.
[01:16:29.360 --> 01:16:34.560]  But you're not making money on litigation, so you don't care what it costs the other
[01:16:34.560 --> 01:16:35.560]  side.
[01:16:35.560 --> 01:16:38.840]  The heck with them.
[01:16:38.840 --> 01:16:42.560]  Take them to your appellate court as often as you can because it costs them a fortune.
[01:16:42.560 --> 01:16:47.040]  Now, you have to hire appellate lawyers, and then you bar-grieve those appellate lawyers.
[01:16:47.040 --> 01:16:49.360]  You just keep jacking up their cost.
[01:16:49.360 --> 01:16:50.680]  Love it.
[01:16:50.680 --> 01:16:52.000]  Hang on.
[01:16:52.000 --> 01:16:57.440]  I hear the music, and oh, I'm out of time.
[01:16:57.440 --> 01:16:58.440]  We'll be right back.
[01:16:58.440 --> 01:16:59.440]  We'll be right back.
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[01:18:13.440 --> 01:18:17.160]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't
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[01:19:36.560 --> 01:19:55.000]  Okay.
[01:19:55.000 --> 01:19:56.000]  We are back.
[01:19:56.000 --> 01:19:57.000]  Randy Kelton, Brett Fountain.
[01:19:57.000 --> 01:20:01.760]  We're with our radio and we're talking to James in Utah.
[01:20:01.760 --> 01:20:08.440]  Okay, so we've kind of beat up the lawyers.
[01:20:08.440 --> 01:20:09.440]  Where are you?
[01:20:09.440 --> 01:20:14.480]  What's your next step in the current litigation?
[01:20:14.480 --> 01:20:22.560]  We were talking about filing a response to the 12b6 motion to dismiss as a substantive
[01:20:22.560 --> 01:20:26.800]  and procedural nullity and moving for summary judgment.
[01:20:26.800 --> 01:20:33.800]  One of the things I wanted to bring up was we originally filed the amended complaint.
[01:20:33.800 --> 01:20:41.960]  I should say we docketed it with the court on January the 18th of this year and it sat
[01:20:41.960 --> 01:20:42.960]  dormant.
[01:20:42.960 --> 01:20:45.840]  Nothing happened for six months.
[01:20:45.840 --> 01:20:47.400]  The court did nothing with it.
[01:20:47.400 --> 01:20:54.000]  We filed trying to get the court to move and eventually they finally came to their senses
[01:20:54.000 --> 01:21:00.600]  and docketed our amended complaint on August the 2nd, which is when we got this most recent
[01:21:00.600 --> 01:21:01.600]  12b6.
[01:21:01.600 --> 01:21:08.800]  What's interesting is between the time that we originally filed back in January until
[01:21:08.800 --> 01:21:13.640]  August when the court actually docketed it, there was a number of other things that happened
[01:21:13.640 --> 01:21:20.160]  in the state criminal case and one of which was this individual I'm helping took a plea
[01:21:20.160 --> 01:21:25.880]  in abeyance just to get the thing to go away.
[01:21:25.880 --> 01:21:26.880]  Wait a minute.
[01:21:26.880 --> 01:21:28.880]  You said a plea in abatement.
[01:21:28.880 --> 01:21:30.880]  Did I get that right?
[01:21:30.880 --> 01:21:31.880]  No, in abeyance.
[01:21:31.880 --> 01:21:32.880]  A plea in abeyance.
[01:21:32.880 --> 01:21:33.880]  Oh, in abeyance.
[01:21:33.880 --> 01:21:34.880]  Okay.
[01:21:34.880 --> 01:21:35.880]  Yeah.
[01:21:35.880 --> 01:21:36.880]  Yeah.
[01:21:36.880 --> 01:21:44.480]  The details of the abeyance was there was no jail time, he would pay a fine and then
[01:21:44.480 --> 01:21:51.520]  after six months, if he wasn't charged with anything else, then the case would be dismissed.
[01:21:51.520 --> 01:21:53.520]  He agreed to that.
[01:21:53.520 --> 01:22:05.480]  Well, the liar on the other side in this motion to dismiss stated that he pled guilty and
[01:22:05.480 --> 01:22:14.640]  that there was no fine and he also included this plea of abeyance agreement as an exhibit
[01:22:14.640 --> 01:22:20.880]  in this motion to dismiss, the 12b6 motion to dismiss, but it was everything that he
[01:22:20.880 --> 01:22:21.880]  included.
[01:22:21.880 --> 01:22:27.880]  There was a number of other motion to, excuse me, other exhibits to, none of them and none
[01:22:27.880 --> 01:22:28.880]  of it is verified.
[01:22:28.880 --> 01:22:35.000]  There's no affidavit, there's no notary signature, there's nothing.
[01:22:35.000 --> 01:22:42.120]  So in addition to completely missing the mark on the four corners of the pleading, this
[01:22:42.120 --> 01:22:48.360]  liar is attempting to introduce matters outside of the pleading and according to the way that
[01:22:48.360 --> 01:22:57.600]  I read rule 12, I believe it's 12b, that states that now the motion must be converted to a
[01:22:57.600 --> 01:22:59.320]  motion for summary judgment.
[01:22:59.320 --> 01:23:02.640]  Am I correct in that assumption?
[01:23:02.640 --> 01:23:10.120]  Essentially, that's what a 12b6 is, it's a motion for summary dismissal.
[01:23:10.120 --> 01:23:11.120]  Yes.
[01:23:11.120 --> 01:23:17.960]  It don't have to say motion for summary judgment.
[01:23:17.960 --> 01:23:24.320]  It must be treated for what it is and a motion to dismiss for failure to state a claim is
[01:23:24.320 --> 01:23:27.720]  a motion for summary judgment.
[01:23:27.720 --> 01:23:28.720]  Yes.
[01:23:28.720 --> 01:23:37.320]  Well, like I said, it's unverified, all it is is just this ob-nod liar full of who knows
[01:23:37.320 --> 01:23:44.280]  what and no verification, no verified nothing and so like I said, our next step is just
[01:23:44.280 --> 01:23:49.480]  like what I mentioned to reply back and then file for our own summary judgment because
[01:23:49.480 --> 01:23:57.720]  we did support everything with affidavit, everything is verified even if there are new
[01:23:57.720 --> 01:23:58.720]  facts.
[01:23:58.720 --> 01:24:10.040]  Have you looked in the court rules to see if a 12b6 motion is required to be verified?
[01:24:10.040 --> 01:24:19.560]  A way to tell is does the 12b6 motion introduce any facts into evidence that are not already
[01:24:19.560 --> 01:24:21.120]  before the court?
[01:24:21.120 --> 01:24:30.040]  Do they make any factual accusations of issues that are not already before the court?
[01:24:30.040 --> 01:24:32.400]  Yes, it does.
[01:24:32.400 --> 01:24:34.640]  Then it must be verified.
[01:24:34.640 --> 01:24:38.640]  If it's not verified, you just move to strike it.
[01:24:38.640 --> 01:24:39.640]  Yes.
[01:24:39.640 --> 01:24:40.640]  Okay.
[01:24:40.640 --> 01:24:44.240]  That is the plan.
[01:24:44.240 --> 01:24:51.640]  The argument I made is while the document may reside in the record, since it is not
[01:24:51.640 --> 01:24:57.040]  filed in accordance with the rules, the judge cannot see it.
[01:24:57.040 --> 01:24:58.040]  Okay.
[01:24:58.040 --> 01:24:59.040]  Okay.
[01:24:59.040 --> 01:25:10.000]  That's all I had, I don't want to take up any more time.
[01:25:10.000 --> 01:25:11.000]  Okay.
[01:25:11.000 --> 01:25:14.600]  Thank you, James, and keep us up to date on how this goes.
[01:25:14.600 --> 01:25:16.600]  Oh, I will.
[01:25:16.600 --> 01:25:17.600]  Believe you me.
[01:25:17.600 --> 01:25:18.600]  Okay.
[01:25:18.600 --> 01:25:19.600]  Brent, have a good night.
[01:25:19.600 --> 01:25:20.600]  Okay.
[01:25:20.600 --> 01:25:21.600]  Good night, James.
[01:25:21.600 --> 01:25:22.600]  Good night.
[01:25:22.600 --> 01:25:23.600]  Thanks.
[01:25:23.600 --> 01:25:26.640]  Now we're going to go to Joe in Canada.
[01:25:26.640 --> 01:25:31.520]  Okay, Joe, what do you have for us today?
[01:25:31.520 --> 01:25:36.480]  Well, you wanted me to call back because you want to get me on the show with Ted.
[01:25:36.480 --> 01:25:40.720]  Oh, Ted, where are you, Ted?
[01:25:40.720 --> 01:25:50.240]  Ted, if you're listening, call in, we've got an empty slot because I'd like you and
[01:25:50.240 --> 01:25:51.240]  Joe to get together.
[01:25:51.240 --> 01:25:58.560]  Joe's in Canada and he has a issue similar to yours in that it's been in the court a
[01:25:58.560 --> 01:26:02.520]  very long time and he's not getting it adjudicated.
[01:26:02.520 --> 01:26:12.520]  Well, speaking of that, Randy, last week I filed a motion to dismiss because here in
[01:26:12.520 --> 01:26:18.800]  Canada in Superior Court, they have 30 months to give you the trial.
[01:26:18.800 --> 01:26:23.600]  If they don't give you the trial in 30 months, you can have everything dropped.
[01:26:23.600 --> 01:26:30.840]  So last week I filed the motion to dismiss, I scheduled it for this morning at 9 a.m.
[01:26:30.840 --> 01:26:35.560]  They couldn't give me an answer when I filed it if seven days was enough for the Crown
[01:26:35.560 --> 01:26:40.200]  to prepare for this motion, but they took my number and they said that they would call
[01:26:40.200 --> 01:26:42.480]  me back if there was any issues.
[01:26:42.480 --> 01:26:47.400]  I didn't get a call back or an email or anything from them, so this morning I just showed up
[01:26:47.400 --> 01:26:48.400]  in court.
[01:26:48.400 --> 01:26:55.160]  I was there at 9 and the clerk told me that my matter was to be heard at 10 o'clock in
[01:26:55.160 --> 01:26:57.440]  room 302.
[01:26:57.440 --> 01:27:03.440]  So I went and sat in front of the room and 10 o'clock came and went and they never unlocked
[01:27:03.440 --> 01:27:05.280]  the doors.
[01:27:05.280 --> 01:27:10.280]  So at about maybe seven, eight minutes later, I went downstairs with the bailiff and we
[01:27:10.280 --> 01:27:15.960]  went to see the clerk and the clerk looks it up and she says, oh, sorry, I made a mistake.
[01:27:15.960 --> 01:27:17.800]  She says it's not in person.
[01:27:17.800 --> 01:27:20.440]  She says it's in Zoom.
[01:27:20.440 --> 01:27:25.040]  So she gives me the information and I told her, I was like, well, I'm already late.
[01:27:25.040 --> 01:27:26.040]  She says that's okay.
[01:27:26.040 --> 01:27:29.480]  She says, I'm going to send them an email, send an email to the clerk and let them know
[01:27:29.480 --> 01:27:31.120]  that you were here in person.
[01:27:31.120 --> 01:27:33.160]  She said, it'll be fine.
[01:27:33.160 --> 01:27:40.240]  I waited well over an hour on the phone and finally the clerk says, okay, whoever's on
[01:27:40.240 --> 01:27:42.400]  this phone number, can you state your name?
[01:27:42.400 --> 01:27:49.480]  And I stated my name and she says, oh, well, we heard your file, your matter first.
[01:27:49.480 --> 01:27:50.480]  And I said, okay.
[01:27:50.480 --> 01:27:51.480]  But what happened?
[01:27:51.480 --> 01:27:52.480]  She says, I don't know.
[01:27:52.480 --> 01:27:54.680]  Well, I said, what do you mean you don't know?
[01:27:54.680 --> 01:27:58.720]  I said, I filed a motion last week and I was here.
[01:27:58.720 --> 01:28:04.720]  I was at the courthouse and you guys went through with it.
[01:28:04.720 --> 01:28:06.240]  Nobody can tell me what happened with my motion.
[01:28:06.240 --> 01:28:13.520]  Then they say, well, it was rescheduled for September 1st, but I already had a date that
[01:28:13.520 --> 01:28:14.520]  date.
[01:28:14.520 --> 01:28:18.520]  So the motion just disappeared.
[01:28:18.520 --> 01:28:19.520]  Wow.
[01:28:19.520 --> 01:28:28.480]  I called the court later on that day and later in the afternoon and I talked to another lady
[01:28:28.480 --> 01:28:33.400]  and she looked into it and she said, no, well, we don't know what happened.
[01:28:33.400 --> 01:28:41.000]  It's amazing, how can all of this, just all these people that this is their job and they
[01:28:41.000 --> 01:28:49.040]  don't know what happened and the courtroom where you were supposed to be is locked.
[01:28:49.040 --> 01:28:51.720]  Why should a courtroom ever be locked?
[01:28:51.720 --> 01:28:52.720]  Wow.
[01:28:52.720 --> 01:28:53.720]  Right.
[01:28:53.720 --> 01:28:57.200]  And then give me the wrong information, though.
[01:28:57.200 --> 01:29:06.760]  That's what got me is give me the wrong information and say, yeah, it's in person.
[01:29:06.760 --> 01:29:17.600]  You might try billing the clerk for your time, a couple hundred bucks an hour.
[01:29:17.600 --> 01:29:24.720]  Yeah, you send them a bill for your time and they look at that as something that's likely
[01:29:24.720 --> 01:29:31.840]  to wind up on their credit history.
[01:29:31.840 --> 01:29:35.800]  Whether you get that paid or not, you're likely to get the court's attention so they don't
[01:29:35.800 --> 01:29:37.800]  let this happen again.
[01:29:37.800 --> 01:29:44.040]  It's billin' four or five hundred bucks.
[01:29:44.040 --> 01:29:49.960]  But I guess they won't care about that, they'll just laugh at it.
[01:29:49.960 --> 01:29:52.960]  No, they won't.
[01:29:52.960 --> 01:29:58.600]  Because if you file a claim with them and they don't rebut the claim, hang on, we'll
[01:29:58.600 --> 01:30:01.600]  be right back.
[01:30:01.600 --> 01:30:05.720]  Sorry, soft drink lovers, even diet drinks can make you fat.
[01:30:05.720 --> 01:30:10.360]  A new study shows that diet soda drinkers gain much more weight than people who avoid
[01:30:10.360 --> 01:30:11.360]  the stuff.
[01:30:11.360 --> 01:30:15.600]  I'm Dr. Catherine Albrecht and I'll be back in a moment with a scoop on supposedly skinny
[01:30:15.600 --> 01:30:17.400]  sodas.
[01:30:17.400 --> 01:30:19.000]  Privacy is under attack.
[01:30:19.000 --> 01:30:22.600]  When you give up data about yourself, you'll never get it back again.
[01:30:22.600 --> 01:30:27.360]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:27.360 --> 01:30:32.400]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.400 --> 01:30:35.120]  Privacy, it's worth hanging on to.
[01:30:35.120 --> 01:30:39.400]  This public service announcement is brought to you by Startpage.com, the private search
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[01:30:46.480 --> 01:30:50.560]  Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:50.560 --> 01:30:51.560]  Wrong.
[01:30:51.560 --> 01:30:55.920]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:55.920 --> 01:31:01.160]  They found that regularly drinking diet soda expanded people's waistlines five times more
[01:31:01.160 --> 01:31:02.920]  than no soda at all.
[01:31:02.920 --> 01:31:07.680]  The study's authors say artificial sweeteners trigger the appetite, but unlike regular sugars,
[01:31:07.680 --> 01:31:09.920]  they don't deliver anything to squelch it.
[01:31:09.920 --> 01:31:14.400]  Waking up hunger without satisfying it leads to cravings, which can result in a larger
[01:31:14.400 --> 01:31:16.000]  overall calorie intake.
[01:31:16.000 --> 01:31:20.720]  So use natural sweeteners to maintain a healthy weight, and if you need to shed some pounds,
[01:31:20.720 --> 01:31:23.800]  avoid the sweet stuff altogether and drink water instead.
[01:31:23.800 --> 01:31:25.920]  I'm Dr. Catherine Albrecht.
[01:31:25.920 --> 01:31:30.720]  More news and information at CatherineAlbrecht.com.
[01:31:30.720 --> 01:31:36.080]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.080 --> 01:31:38.240]  The government says that fire brought it down.
[01:31:38.240 --> 01:31:43.160]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.160 --> 01:31:47.240]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:47.240 --> 01:31:48.600]  first responders are dying.
[01:31:48.600 --> 01:31:50.080]  I'm not a conspiracy theorist.
[01:31:50.080 --> 01:31:51.080]  I'm a structural engineer.
[01:31:51.080 --> 01:31:52.440]  I'm a New York City correction officer.
[01:31:52.440 --> 01:31:53.440]  I'm an Air Force pilot.
[01:31:53.440 --> 01:31:55.080]  I'm a father who lost his son.
[01:31:55.080 --> 01:31:57.680]  We're Americans, and we deserve the truth.
[01:31:57.680 --> 01:31:59.680]  Go to RememberBuilding7.org today.
[01:31:59.680 --> 01:32:06.000]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar in today's America
[01:32:06.000 --> 01:32:09.120]  where we live in an us-against-them society, and if we, the people, are ever going to have
[01:32:09.120 --> 01:32:12.680]  a free society, then we're going to have to stand and defend our own rights.
[01:32:12.680 --> 01:32:16.040]  Among those rights are the right to travel freely from place to place, the right to act
[01:32:16.040 --> 01:32:19.760]  in our own private capacity, and most importantly, the right to due process of law.
[01:32:19.760 --> 01:32:23.920]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
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[01:33:35.080 --> 01:33:47.080]  The wicked come with temptation They're trying to buy the whole place
[01:33:47.080 --> 01:33:58.080]  They want to force the nation Because they've fallen from grace
[01:33:58.080 --> 01:34:08.080]  I will not drink from that cup Just get hacked out of way
[01:34:08.080 --> 01:34:19.080]  They got this problem they're dreaming of And I won't be the slave come what may
[01:34:19.080 --> 01:34:28.080]  Because I'm, when you took your hand from me, you got your hand on me
[01:34:28.080 --> 01:34:56.080]  Rule of Law Radio, Randy Telson, I'm Bratt Fountain, and right now we are talking with
[01:34:56.080 --> 01:35:00.080]  a legal issue, and they never did unlock or let you in or tell you anything about it until
[01:35:00.080 --> 01:35:01.080]  it was over.
[01:35:01.080 --> 01:35:05.080]  And, you know, Randy was talking about send a bill.
[01:35:05.080 --> 01:35:14.080]  Another thing that you might look at, in Texas, we've got, in our code of criminal procedure,
[01:35:14.080 --> 01:35:19.080]  it says all courts are open to the public.
[01:35:19.080 --> 01:35:21.080]  Now, I don't know how that translates to Canada.
[01:35:21.080 --> 01:35:26.080]  I don't know if you know about that or can look that up.
[01:35:26.080 --> 01:35:33.080]  But it sounds to me like something where you would say, hey, this was a court proceeding
[01:35:33.080 --> 01:35:35.080]  and it had to be open to the public.
[01:35:35.080 --> 01:35:39.080]  What are you doing locked in the doors anyway?
[01:35:39.080 --> 01:35:40.080]  Right?
[01:35:40.080 --> 01:35:43.080]  That's a good point.
[01:35:43.080 --> 01:35:48.080]  Yeah, that's a very good point, actually.
[01:35:48.080 --> 01:35:52.080]  Because we are supposed to have a right to a public hearing.
[01:35:52.080 --> 01:35:55.080]  Yeah.
[01:35:55.080 --> 01:36:01.080]  So the very fact that it was locked meant that they didn't intend to let you participate
[01:36:01.080 --> 01:36:04.080]  in your own hearing.
[01:36:04.080 --> 01:36:05.080]  Right.
[01:36:05.080 --> 01:36:11.080]  And the other thing is, is if they scheduled it by Zoom, they should have sent me the information
[01:36:11.080 --> 01:36:14.080]  to actually call in, but they didn't even tell me that there was a proceeding going
[01:36:14.080 --> 01:36:16.080]  to be happening.
[01:36:16.080 --> 01:36:19.080]  Yeah.
[01:36:19.080 --> 01:36:22.080]  Well, they did tell you the proceeding would be happening, but they told you where it would
[01:36:22.080 --> 01:36:24.080]  be, and you were there.
[01:36:24.080 --> 01:36:28.080]  No, but that's only because I went there in person.
[01:36:28.080 --> 01:36:33.080]  Because I just assumed that I was going to have a hearing that morning because I scheduled
[01:36:33.080 --> 01:36:35.080]  it when I filed the motion.
[01:36:35.080 --> 01:36:38.080]  I scheduled it for that day at 9 o'clock, and they told me that they were going to call
[01:36:38.080 --> 01:36:41.080]  me back with some information, but they never did.
[01:36:41.080 --> 01:36:46.080]  So I assumed that it was going to be happening and in person.
[01:36:46.080 --> 01:36:49.080]  Yeah, they screwed up in several ways.
[01:36:49.080 --> 01:36:54.080]  But it's been like this for the last four years with my case.
[01:36:54.080 --> 01:37:00.080]  It's like every single time that I try to make a step, they try to put a stick in my
[01:37:00.080 --> 01:37:07.080]  spokes to stop me at somehow, some point.
[01:37:07.080 --> 01:37:12.080]  Now, here's another question I have, because it seems a little bit controversial, this
[01:37:12.080 --> 01:37:13.080]  one here.
[01:37:13.080 --> 01:37:20.080]  Dr. Graves, he says that we should file a motion, any motion, even if no one else has
[01:37:20.080 --> 01:37:22.080]  filed it before.
[01:37:22.080 --> 01:37:27.080]  But another understanding that's going on in the group is we can't file a motion if
[01:37:27.080 --> 01:37:34.080]  there's no rules on that motion within the code, otherwise the court can't see it.
[01:37:34.080 --> 01:37:39.080]  Now, I don't know where that concept comes from, the concept that you can only file a
[01:37:39.080 --> 01:37:46.080]  motion that somebody has a rule about, because the court can do anything you can ask the
[01:37:46.080 --> 01:37:47.080]  court to do.
[01:37:47.080 --> 01:37:57.080]  You can ask the court to turn up the heater, and you can move the court to do that.
[01:37:57.080 --> 01:38:01.080]  That would be a verbal motion, because obviously you wouldn't know about that one in advance,
[01:38:01.080 --> 01:38:09.080]  but anything that the court can do, you can move the court to do.
[01:38:09.080 --> 01:38:23.080]  Yeah, there seems to be some notion that everything in law is precisely prescribed, and it's not.
[01:38:23.080 --> 01:38:31.080]  A motion to the court is kind of like a business letter with a different heading.
[01:38:31.080 --> 01:38:34.080]  You're just asking the court to do something.
[01:38:34.080 --> 01:38:38.080]  You can ask the court to stand on his head and squawk like a chicken.
[01:38:38.080 --> 01:38:44.080]  Well, he can do that if he wants to, but if he doesn't want to, he can just deny it.
[01:38:44.080 --> 01:38:46.080]  And I'm not being facetious here.
[01:38:46.080 --> 01:38:53.080]  You can ask the court to do anything that goes substantially to justice, to the just
[01:38:53.080 --> 01:39:01.080]  adjudication of a case, and there doesn't have to be any special rule or format.
[01:39:01.080 --> 01:39:03.080]  Just ask them.
[01:39:03.080 --> 01:39:09.080]  If they don't like the form in which you ask, they'll tell you.
[01:39:09.080 --> 01:39:10.080]  You can't do it this way.
[01:39:10.080 --> 01:39:12.080]  You've got to put the right kind of heading on it.
[01:39:12.080 --> 01:39:16.080]  You've got to use this kind of verbiage.
[01:39:16.080 --> 01:39:24.080]  But the courts are not, for the most part, out to get you or out to ruin your life.
[01:39:24.080 --> 01:39:28.080]  For the most part, they don't care about you.
[01:39:28.080 --> 01:39:32.080]  And I don't mean that in a mean way.
[01:39:32.080 --> 01:39:34.080]  They're just too busy.
[01:39:34.080 --> 01:39:38.080]  They've got so many people coming through there.
[01:39:38.080 --> 01:39:41.080]  They're just trying to adjudicate cases.
[01:39:41.080 --> 01:39:48.080]  And even in your case, they're very likely not singling you out for special persecution.
[01:39:48.080 --> 01:39:50.080]  They're just busy.
[01:39:50.080 --> 01:40:00.080]  And if you come in there and do something that's not usual, that really screws them up.
[01:40:00.080 --> 01:40:03.080]  In my case, I got a ticket.
[01:40:03.080 --> 01:40:07.080]  So instead of going down there and showing them the ticket and say, I plead guilty, not
[01:40:07.080 --> 01:40:12.080]  guilty, whatever, I went down there and showed them the ticket and had them make me a photocopy
[01:40:12.080 --> 01:40:13.080]  of it.
[01:40:13.080 --> 01:40:16.080]  And I filed a stack of motions with them.
[01:40:16.080 --> 01:40:19.080]  Well, the clerk said, well, I don't know if I can take these.
[01:40:19.080 --> 01:40:21.080]  Of course you can take these.
[01:40:21.080 --> 01:40:23.080]  Call the city attorney.
[01:40:23.080 --> 01:40:24.080]  She did.
[01:40:24.080 --> 01:40:26.080]  And the city attorney told him, of course you could take them.
[01:40:26.080 --> 01:40:28.080]  She took them.
[01:40:28.080 --> 01:40:32.080]  Well, in doing that, it screwed up her routine.
[01:40:32.080 --> 01:40:38.080]  So she didn't get me logged in as showing up and the computer spit out a letter to the
[01:40:38.080 --> 01:40:44.080]  Department of Public Safety said I failed to appear and I couldn't get my license renewed.
[01:40:44.080 --> 01:40:50.080]  So I filed criminal charges against the clerk.
[01:40:50.080 --> 01:40:55.080]  But the point is the clerk does the same thing over and over and I come in and do something
[01:40:55.080 --> 01:40:58.080]  unusual and it screws them all up.
[01:40:58.080 --> 01:41:01.080]  She wasn't trying to pick on me.
[01:41:01.080 --> 01:41:06.080]  You just made her think about it instead of she was just about to hit the F4 key because
[01:41:06.080 --> 01:41:08.080]  that's what she does next.
[01:41:08.080 --> 01:41:12.080]  And you said something weird.
[01:41:12.080 --> 01:41:14.080]  And you made her have to do it.
[01:41:14.080 --> 01:41:16.080]  And she never did it.
[01:41:16.080 --> 01:41:17.080]  Yeah.
[01:41:17.080 --> 01:41:27.080]  So one thing, and I talked about this yesterday, it may be that we're construing the courts
[01:41:27.080 --> 01:41:35.080]  as our enemy and we construe everything they do as something wrongful and against us.
[01:41:35.080 --> 01:41:37.080]  And oftentimes it's not.
[01:41:37.080 --> 01:41:39.080]  We're not that important.
[01:41:39.080 --> 01:41:43.080]  You know, I have people tell me, oh, you better be careful or FBI will come after you.
[01:41:43.080 --> 01:41:47.080]  I say, no, man, ain't that important.
[01:41:47.080 --> 01:41:54.080]  I'm just a talking head for crying out loud.
[01:41:54.080 --> 01:41:58.080]  The first thing we should do is pick our battles real careful.
[01:41:58.080 --> 01:42:04.080]  Have you tried to sit down with the clerk and say, look, you're causing me to come down here,
[01:42:04.080 --> 01:42:11.080]  you cost me half a day, cost me a lot of money because you guys aren't getting things right.
[01:42:11.080 --> 01:42:15.080]  What seems to be the problem here?
[01:42:15.080 --> 01:42:18.080]  And then see what she says.
[01:42:18.080 --> 01:42:24.080]  You may listen to her and say, you know, I see what your problem is and I understand it
[01:42:24.080 --> 01:42:27.080]  and I don't want to be unreasonable.
[01:42:27.080 --> 01:42:30.080]  Or you might say, that's a bunch of crapola.
[01:42:30.080 --> 01:42:32.080]  And then in that case, go after them.
[01:42:32.080 --> 01:42:41.080]  But at the end of the day, Joe, what is your intended outcome?
[01:42:41.080 --> 01:42:44.080]  And how do you get there?
[01:42:44.080 --> 01:42:53.080]  If these things are not going right, how does that block you from getting to your intended outcome?
[01:42:53.080 --> 01:42:56.080]  Well, for me, it's obviously the learning process, right?
[01:42:56.080 --> 01:43:02.080]  Like I said, when I jumped into this, I knew nothing except that something was wrong.
[01:43:02.080 --> 01:43:08.080]  And obviously, I made a lot of mistakes throughout the whole process, but I've learned.
[01:43:08.080 --> 01:43:12.080]  Like I've come such a long way from when I started.
[01:43:12.080 --> 01:43:18.080]  You've made mistakes and you've asked public officials to do things they don't do all the time
[01:43:18.080 --> 01:43:21.080]  and they're making mistakes.
[01:43:21.080 --> 01:43:22.080]  Yes.
[01:43:22.080 --> 01:43:28.080]  And then this is where I struggle a little bit is once they make that mistake, what's my next step?
[01:43:28.080 --> 01:43:32.080]  What's my remedy for what they just did?
[01:43:32.080 --> 01:43:40.080]  The first thing is like anywhere else, notice an opportunity to cure.
[01:43:40.080 --> 01:43:47.080]  Before we start a fight, I picked on this clerk just to jerk the judge around.
[01:43:47.080 --> 01:43:55.080]  But normally, I would go to the clerk and say, look, you got this notice of failure to appear filed against me.
[01:43:55.080 --> 01:44:00.080]  Can you look into that and see if you can correct it?
[01:44:00.080 --> 01:44:06.080]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[01:44:06.080 --> 01:44:09.080]  People feed their pets better than they feed themselves.
[01:44:09.080 --> 01:44:11.080]  And it's time we changed all that.
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[01:45:01.080 --> 01:45:04.080]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:19.080 --> 01:46:23.080]  Yeah, little Jerry, it's a reality.
[01:46:27.080 --> 01:46:30.080]  I've got you too much luck around the corner.
[01:46:30.080 --> 01:46:32.080]  Little Jerry, come on.
[01:46:32.080 --> 01:46:38.080]  As we sow, so shall we reap.
[01:46:38.080 --> 01:46:43.080]  From so many crops, so much work still put on.
[01:46:43.080 --> 01:46:46.080]  Oh, well, we reap.
[01:46:46.080 --> 01:46:49.080]  As we sow, so shall we reap.
[01:46:49.080 --> 01:46:54.080]  And after what goes around comes around.
[01:46:54.080 --> 01:47:00.080]  As we sow, so shall we reap.
[01:47:00.080 --> 01:47:04.080]  And everybody listen, listen to this song.
[01:47:04.080 --> 01:47:25.080]  One by one, me friend tell it badly, Pass on the words of an I.T.
[01:47:25.080 --> 01:47:30.080]  Lend a helping hand, me say, As you go along, no late karma,
[01:47:30.080 --> 01:47:36.080]  Me say, knock you down, man, Care with the barn if you don't plant no seed,
[01:47:36.080 --> 01:47:43.080]  My friend, Lord, you better have a good breed, You better live your life up fully,
[01:47:43.080 --> 01:48:11.080]  Because you know me, say, John, I think you're so good,
[01:48:13.080 --> 01:48:20.080]  If you have issues you want to take on with the court,
[01:48:20.080 --> 01:48:25.080]  Make sure they're issues you really want to have a fight with.
[01:48:25.080 --> 01:48:29.080]  If the clerks are just screwing things up, you might,
[01:48:29.080 --> 01:48:33.080]  Instead of starting a fight with the clerks, just go to them and talk to them
[01:48:33.080 --> 01:48:35.080]  And see if they can fix it for you.
[01:48:35.080 --> 01:48:45.080]  If you listen to Tina from California, she kind of smoothed the clerks
[01:48:45.080 --> 01:48:51.080]  And when she did, she filed a complaint against one of the clerks
[01:48:51.080 --> 01:48:55.080]  And when she did, the clerk really bent over backwards to help her
[01:48:55.080 --> 01:49:03.080]  And then she filed a letter of recommendation for the clerk
[01:49:03.080 --> 01:49:11.080]  And after that, the clerk could not have been more helpful to her.
[01:49:11.080 --> 01:49:17.080]  Point is, Joe, let's pick our fights really, really carefully.
[01:49:17.080 --> 01:49:20.080]  Who do you want to have a fight with?
[01:49:20.080 --> 01:49:22.080]  Well, really, I don't want to fight with anybody.
[01:49:22.080 --> 01:49:26.080]  I just want this over with, but it's not happening that way.
[01:49:26.080 --> 01:49:34.080]  So who can you get, can you snooze and get to help you get this over with?
[01:49:34.080 --> 01:49:38.080]  What is the politics of your local court?
[01:49:38.080 --> 01:49:42.080]  Yeah, there is nobody.
[01:49:42.080 --> 01:49:46.080]  Like, even when lawyers come from out of town into the North Bay area,
[01:49:46.080 --> 01:49:52.080]  They say that the North Bay court is the worst one to deal with around.
[01:49:52.080 --> 01:49:58.080]  They say it's like the judges and the crown make up their own rules here.
[01:49:58.080 --> 01:50:02.080]  Okay, then do you want to fix that?
[01:50:02.080 --> 01:50:11.080]  Well, I think that's in part why I'm stirring so much turmoil within this court.
[01:50:11.080 --> 01:50:15.080]  Like, I went to the court from the next township over here,
[01:50:15.080 --> 01:50:21.080]  And when the guy looked at my name, he says, well, I don't know you, but he says, I've heard of you.
[01:50:21.080 --> 01:50:23.080]  He says he had worked in the North Bay courthouse.
[01:50:23.080 --> 01:50:27.080]  And I was like, well, to be fair, I said, I think everybody in the North Bay courthouse has heard of me.
[01:50:27.080 --> 01:50:28.080]  And he started laughing.
[01:50:28.080 --> 01:50:32.080]  He says, yeah, he says, I have to agree with you on that one.
[01:50:32.080 --> 01:50:36.080]  Once you beat them up for a while,
[01:50:36.080 --> 01:50:43.080]  they will get to where they will bend over backwards not to have any problems with you.
[01:50:43.080 --> 01:50:44.080]  Well, and that's another thing.
[01:50:44.080 --> 01:50:50.080]  The manager of the North Bay courts, he came to see me and he told me, he says, you know what, if you need anything,
[01:50:50.080 --> 01:50:51.080]  he says, just ask for me.
[01:50:51.080 --> 01:50:52.080]  He says, don't deal with anybody else.
[01:50:52.080 --> 01:50:55.080]  Just come and ask for me.
[01:50:55.080 --> 01:50:58.080]  Have you done that?
[01:50:58.080 --> 01:50:59.080]  Generally, yes.
[01:50:59.080 --> 01:51:00.080]  But this morning I didn't.
[01:51:00.080 --> 01:51:02.080]  I just hit the clerk.
[01:51:02.080 --> 01:51:04.080]  We usually go to him.
[01:51:04.080 --> 01:51:08.080]  I suspect, you know, everything's political.
[01:51:08.080 --> 01:51:14.080]  And this guy has probably told everybody else, I'll see if I can get this guy under control.
[01:51:14.080 --> 01:51:18.080]  So he comes to you and says, if you need anything, just ask me.
[01:51:18.080 --> 01:51:23.080]  When you need something, if anything goes wrong, call him.
[01:51:23.080 --> 01:51:28.080]  He'll call all these people and fix it.
[01:51:28.080 --> 01:51:35.080]  And then you can get to what your real purpose is instead of getting distracted on all kinds of arguments
[01:51:35.080 --> 01:51:41.080]  and issues, fights you can have that you don't necessarily want.
[01:51:41.080 --> 01:51:46.080]  You know, I live in a relatively small county in North Texas.
[01:51:46.080 --> 01:51:50.080]  And I got to know the county attorney really well, and then he became district attorney,
[01:51:50.080 --> 01:51:53.080]  and now he's a county judge.
[01:51:53.080 --> 01:52:00.080]  If I have any issue, I go sit down with this guy and say, look, I have this issue with the county.
[01:52:00.080 --> 01:52:05.080]  How can I fix this issue without having a big fight?
[01:52:05.080 --> 01:52:09.080]  And he will say, I'll make a couple calls.
[01:52:09.080 --> 01:52:12.080]  And the problem goes away.
[01:52:12.080 --> 01:52:17.080]  I know people listening are thinking, well, you're just getting in bed with the devil.
[01:52:17.080 --> 01:52:19.080]  No, we're not.
[01:52:19.080 --> 01:52:24.080]  You can have more fights than you can possibly ever get to.
[01:52:24.080 --> 01:52:29.080]  Pick your fights careful and fight those one at a time.
[01:52:29.080 --> 01:52:38.080]  The rest, you know, for everything else, schmooze everybody else and get them to help you get to where you want to be.
[01:52:38.080 --> 01:52:45.080]  Most of the people who listen to me are angry at the system and they're looking to fight, and that's okay.
[01:52:45.080 --> 01:52:52.080]  So long as you pick your fight very carefully, it is much more powerful and effective if you go in there
[01:52:52.080 --> 01:52:56.080]  and manipulate these people to get them to do what you want to.
[01:52:56.080 --> 01:53:00.080]  I would say people are more frustrated with the system.
[01:53:00.080 --> 01:53:11.080]  I'm going to suggest to you that the people inside the system are probably more frustrated with it than you are.
[01:53:11.080 --> 01:53:13.080]  They're stuck inside it and they can't fix it.
[01:53:13.080 --> 01:53:22.080]  I just talked to a policeman that I know, and I got a ticket in a town close to me,
[01:53:22.080 --> 01:53:31.080]  and he knows who gave me the ticket, and he asked me if there was anything I could do to beat this guy up
[01:53:31.080 --> 01:53:36.080]  because the rest of the department hates this guy.
[01:53:36.080 --> 01:53:39.080]  He's a problem, but they can't do anything about it.
[01:53:39.080 --> 01:53:42.080]  They're stuck with him.
[01:53:42.080 --> 01:53:49.080]  So the fact that I'm coming in there running roughshod over this guy makes me a hero.
[01:53:49.080 --> 01:53:56.080]  So if you're thinking about everybody in the courthouse as being your enemy, you're making a big mistake
[01:53:56.080 --> 01:54:02.080]  because there may be a couple of guys who are a real problem, but most of them don't want to have problems.
[01:54:02.080 --> 01:54:14.080]  They do not want to be embarrassed by citizens coming into the courthouse and feeling abused and mistreated.
[01:54:14.080 --> 01:54:19.080]  They want to be good guys. All of them want to be good guys, and if we help them be good guys,
[01:54:19.080 --> 01:54:23.080]  a lot of times they will help us.
[01:54:23.080 --> 01:54:29.080]  Brett and I were both trying to get some things changed.
[01:54:29.080 --> 01:54:39.080]  But in order to get those things changed, we have to always carefully keep our eye on the prize.
[01:54:39.080 --> 01:54:47.080]  And in a system that's really screwed up, we can't let that system distract us from our intended outcome.
[01:54:47.080 --> 01:54:54.080]  Yes, I go in. I just went to a Zoom hearing, and this judge denied everything out of hand,
[01:54:54.080 --> 01:54:58.080]  just completely ignored everything.
[01:54:58.080 --> 01:55:01.080]  Yeah, that hurt my feelings. Yeah, it's a problem.
[01:55:01.080 --> 01:55:10.080]  But if I go after this judge and I beat him up big time, will that lead me toward my intended outcome?
[01:55:10.080 --> 01:55:16.080]  If it won't, I'm going to leave the judge alone.
[01:55:16.080 --> 01:55:23.080]  There are more fights than you could ever get to.
[01:55:23.080 --> 01:55:27.080]  Pick them carefully. Does that make sense, Joe?
[01:55:27.080 --> 01:55:33.080]  It does, but like I just said, if you go after that judge, it might prevent him from doing it to the next person.
[01:55:33.080 --> 01:55:36.080]  He might think twice next time.
[01:55:36.080 --> 01:55:40.080]  Yeah, what I'm not saying is don't go after them.
[01:55:40.080 --> 01:55:47.080]  Pick the one you need to go after. Pick the best candidate, and go after that one.
[01:55:47.080 --> 01:55:56.080]  Don't let yourself get distracted with prosecutors and police officers and clerks and all these other people screwing things up.
[01:55:56.080 --> 01:56:00.080]  If you're going after the judge, go after the judge.
[01:56:00.080 --> 01:56:04.080]  And don't let these guys distract you.
[01:56:04.080 --> 01:56:06.080]  Yeah, I see what you're saying.
[01:56:06.080 --> 01:56:09.080]  Yeah, there's just too many fights you can have.
[01:56:09.080 --> 01:56:16.080]  You go in there, and they do things that are wrongful, and they hurt your feelings, and they deny you due process,
[01:56:16.080 --> 01:56:24.080]  and you can have this fight and that fight and this other fight and another fight and another fight, and you can never get to all of them.
[01:56:24.080 --> 01:56:34.080]  So what would be the best fight to have in your case?
[01:56:34.080 --> 01:56:38.080]  What do you want to change?
[01:56:38.080 --> 01:56:51.080]  For me, I think once I go after the amicus lawyer that spoke on my behalf in court, I believe once I filed a suit against him,
[01:56:51.080 --> 01:56:54.080]  and then there's another judge who...
[01:56:54.080 --> 01:56:58.080]  Wait, wait, wait, wait, wait. You're starting in the middle of something.
[01:56:58.080 --> 01:57:08.080]  What do you want to fix?
[01:57:08.080 --> 01:57:19.080]  I'm going to say, if you don't know precisely where you're going, there is a very good chance you'll wind up somewhere else.
[01:57:19.080 --> 01:57:32.080]  And the only way I can navigate through these corrupt systems is to formulate an intended outcome,
[01:57:32.080 --> 01:57:37.080]  engage every fight I get into against that intended outcome.
[01:57:37.080 --> 01:57:43.080]  I did not sue the bailiff who knocked me down and broke my elbow.
[01:57:43.080 --> 01:57:52.080]  He acted ignorant, and I certainly could have sued him and beat him up and cost him his pension and done all kinds of stuff to him.
[01:57:52.080 --> 01:58:02.080]  But I asked myself, will going after this bailiff lead me closer to my intended outcome?
[01:58:02.080 --> 01:58:09.080]  And there was no way I could frame it so that it would do that.
[01:58:09.080 --> 01:58:12.080]  So I left the bailiff alone.
[01:58:12.080 --> 01:58:17.080]  Well, the thing that I can say, Randy, is it's like you said.
[01:58:17.080 --> 01:58:23.080]  When that judge steps out into the courtroom, I want him to be able to look around the room and wonder,
[01:58:23.080 --> 01:58:28.080]  which son of a bitch is going to be filing a criminal complaint against me?
[01:58:28.080 --> 01:58:36.080]  Exactly. Okay. That's my goal. That's the one I have. And everything I do is pointed that way.
[01:58:36.080 --> 01:58:43.080]  And you keep that foremost in mind and only go after the ones that will help things change,
[01:58:43.080 --> 01:58:46.080]  and you will become a force to be reckoned with.
[01:58:46.080 --> 01:58:50.080]  Hang on, Randy Kelton, Brett Fowden, we'll be right back.
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[01:59:50.080 --> 02:00:00.080]  You are listening to the Logos Radio Network, logosradionetwork.com.