ROL_2022-09-02_16k_Hr1-2.timecode

[00:00.000 --> 00:05.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.500 --> 00:09.500]  They guarantee the specific freedoms Americans should know and protect.
[00:09.500 --> 00:11.000]  Our liberty depends on it.
[00:11.000 --> 00:16.500]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights.
[00:16.500 --> 00:18.500]  Privacy is under attack.
[00:18.500 --> 00:22.000]  When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:26.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.500 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.500]  Privacy, it's worth hanging on to.
[00:34.500 --> 00:38.000]  This public service announcement is brought to you by Startpage.com,
[00:38.000 --> 00:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:45.500]  Start over with Startpage.
[00:45.500 --> 00:47.500]  Spar, it's what fighters do.
[00:47.500 --> 00:51.000]  It's also how I remember the five guarantees of the First Amendment.
[00:51.000 --> 00:54.000]  If you plan to take away my rights, I'm going to spar with you.
[00:54.000 --> 00:56.500]  Spar with an extra P.
[00:56.500 --> 01:03.000]  S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:03.000 --> 01:08.500]  Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion.
[01:08.500 --> 01:10.500]  But petition for redress is another matter.
[01:10.500 --> 01:14.500]  We have the right to petition the government for a redress of grievances.
[01:14.500 --> 01:17.500]  It means that if we're unhappy with what's going on in our government,
[01:17.500 --> 01:21.000]  we can spell out the reasons without fear of being thrown into jail.
[01:21.000 --> 01:30.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:30.500 --> 01:34.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:34.500 --> 01:38.000]  They guarantee the specific freedoms Americans should know and protect.
[01:38.000 --> 01:39.500]  Our liberty depends on it.
[01:39.500 --> 01:43.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:43.000 --> 01:46.000]  to remember one of your constitutional rights.
[01:46.000 --> 01:48.000]  Privacy is under attack.
[01:48.000 --> 01:51.500]  When you give up data about yourself, you'll never get it back again.
[01:51.500 --> 01:56.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.500 --> 01:58.000]  So protect your rights.
[01:58.000 --> 02:01.500]  Say no to surveillance and keep your information to yourself.
[02:01.500 --> 02:04.000]  Privacy, it's worth hanging on to.
[02:04.000 --> 02:08.000]  This public service announcement is brought to you by StartPage.com,
[02:08.000 --> 02:12.000]  the private search engine alternative to Google, Yahoo, and Bing.
[02:12.000 --> 02:15.500]  Start over with StartPage.
[02:15.500 --> 02:19.500]  When I think of the Second Amendment, I visualize myself wrapping my two arms
[02:19.500 --> 02:22.000]  around the Bill of Rights in a big old bear hug.
[02:22.000 --> 02:26.000]  It's how I remember that the Second Amendment guarantees us the right to bear arms,
[02:26.000 --> 02:30.000]  arms that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.000 --> 02:33.500]  Get it? Two arms, bear hug, bear arms?
[02:33.500 --> 02:37.500]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.500 --> 02:38.500]  when he said,
[02:38.500 --> 02:43.500]  The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.500 --> 02:47.500]  one more safeguard against the tyranny which now appears remote in America,
[02:47.500 --> 02:51.000]  but which historically has proved to always be possible.
[02:51.000 --> 03:14.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:21.000 --> 03:27.500]  Whatcha gonna do? Whatcha gonna do?
[03:27.500 --> 03:30.500]  Bad boys, bad boys, whatcha gonna do?
[03:30.500 --> 03:33.000]  Whatcha gonna do when they come for you?
[03:33.000 --> 03:36.000]  Bad boys, bad boys, whatcha gonna do?
[03:36.000 --> 03:38.500]  Whatcha gonna do when they come for you?
[03:38.500 --> 03:41.500]  When you were eight and you had bad traits,
[03:41.500 --> 03:44.000]  you'd go to school and learn the golden rule.
[03:44.000 --> 03:47.000]  So why are you acting like a bloody fool?
[03:47.000 --> 03:49.500]  If you get caught, then you might get crewed.
[03:49.500 --> 03:52.500]  Bad boys, bad boys, whatcha gonna do?
[03:52.500 --> 03:55.000]  Whatcha gonna do when they come for you?
[03:55.000 --> 03:57.500]  Bad boys, bad boys, whatcha gonna do?
[03:57.500 --> 04:00.500]  Whatcha gonna do when they come for you?
[04:00.500 --> 04:03.000]  You chuck it on that one, you chuck it on this one,
[04:03.000 --> 04:06.000]  you chuck it on your mother and you chuck it on your father,
[04:06.000 --> 04:08.500]  you chuck it on your brother and you chuck it on your sister,
[04:08.500 --> 04:11.500]  you chuck it on that one and you chuck it on me.
[04:11.500 --> 04:14.500]  Bad boys, bad boys, whatcha gonna do?
[04:14.500 --> 04:17.000]  Whatcha gonna do when you come for you?
[04:17.000 --> 04:26.400]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, Wheel of Law Radio on this second day of September
[04:26.400 --> 04:32.480]  2022, our four-hour info marathon.
[04:32.480 --> 04:35.960]  And I'm going to start by turning the phone lines on.
[04:35.960 --> 04:45.720]  If you have a question or comment, give us a call, our call-in number, 512-646-1984.
[04:45.720 --> 04:57.120]  And Brett and I were talking about the transportation code and how to address this with politicians
[04:57.120 --> 05:03.280]  so that we're not quite, so we're really trying to convince them that what they're doing is
[05:03.280 --> 05:06.600]  a bad idea and they need to make some changes.
[05:06.600 --> 05:13.200]  If we go in there and try to fatten their lip, they're going to fight against us.
[05:13.200 --> 05:21.440]  If we were to talk to them and try to convince them to make a change, what do you think it
[05:21.440 --> 05:26.680]  would take?
[05:26.680 --> 05:34.160]  Consider in Brett that you're talking to a guy who's been doing the same thing for 25,
[05:34.160 --> 05:35.160]  30 years.
[05:35.160 --> 05:36.160]  Exactly.
[05:36.160 --> 05:40.400]  Everybody he knows, everybody he knows is doing it the same way.
[05:40.400 --> 05:45.960]  You come in there and say, you know, the way you've been doing this stuff all these years,
[05:45.960 --> 05:47.960]  well that's wrong and I'm right.
[05:47.960 --> 05:52.560]  That's not going to go over very well just like that.
[05:52.560 --> 05:53.560]  Good luck with that.
[05:53.560 --> 06:01.240]  I have tried that and I had a person who was a personal friend of mine, he's also a JP.
[06:01.240 --> 06:05.780]  He had been the captain of the Sheriff's Department.
[06:05.780 --> 06:09.600]  He was the president of the school board and I called the Sheriff's Department and asked
[06:09.600 --> 06:11.920]  him to arrest him.
[06:11.920 --> 06:17.160]  We had some history, he was the captain of the Sheriff's Department.
[06:17.160 --> 06:22.800]  I made him spend eight hours answering my scope and content information requests one
[06:22.800 --> 06:23.800]  day.
[06:23.800 --> 06:28.680]  Let me guess, he was a little bit less than cooperative and that's how he ended up in
[06:28.680 --> 06:29.680]  that position?
[06:29.680 --> 06:34.880]  No, it wasn't him that was uncooperative, it was somebody else.
[06:34.880 --> 06:37.000]  Oh, he knew better.
[06:37.000 --> 06:38.680]  I was after this guy.
[06:38.680 --> 06:46.440]  He knew I was after this guy and he said, Mr. Kelton, if you would give me some idea
[06:46.440 --> 06:48.720]  of what you're looking for, we could shorten this process.
[06:48.720 --> 06:52.000]  I said, yeah, Mark, I know that.
[06:52.000 --> 06:58.560]  But if I did that and then the records that I'm seeking somehow didn't materialize, he
[06:58.560 --> 07:00.640]  said, okay, I understand.
[07:00.640 --> 07:02.360]  I would be compromised.
[07:02.360 --> 07:03.360]  Exactly.
[07:03.360 --> 07:11.800]  He was smart, he was good at his job and he got off Sheriff's Department and then he got
[07:11.800 --> 07:17.760]  enough to get a pension from the Sheriff's Department and then he became a JP and he
[07:17.760 --> 07:22.960]  had been a JP for eight or 12 years.
[07:22.960 --> 07:26.520]  I went to him with the code and I said, here's what you're doing wrong, here's what you're
[07:26.520 --> 07:27.520]  supposed to do.
[07:27.520 --> 07:32.920]  He said to me, Mr. Kelton, are you telling me that what I did for 20 years as a peace
[07:32.920 --> 07:41.200]  officer and another 12 years as a justice of the peace is wrong and everybody I've worked
[07:41.200 --> 07:49.000]  with for all of these years is wrong and everybody in Texas is doing it is wrong and you're right.
[07:49.000 --> 07:54.800]  I said, don't ask me, Mark, I didn't write the code, I just read it, here it is.
[07:54.800 --> 07:58.040]  This is exactly what it says.
[07:58.040 --> 08:02.280]  He could not wrap his head around the fact that everything he had been doing all this
[08:02.280 --> 08:11.560]  time was wrong and some jack leg know nothing comes along and he's right all of a sudden
[08:11.560 --> 08:15.360]  and I knew, yeah, I had a lot of respect for Mark.
[08:15.360 --> 08:25.280]  I felt like he would do what he thought was right if it hair-lipped the Pope, but still
[08:25.280 --> 08:28.840]  he couldn't move himself off that dime.
[08:28.840 --> 08:34.560]  My son-in-law just became a JP a couple years ago and I explained all this to him before
[08:34.560 --> 08:41.680]  he became the JP, before he took office and then he took office and went through all this
[08:41.680 --> 08:45.800]  training and he does exactly like he was trained to do.
[08:45.800 --> 08:54.520]  I showed him the code, he knows it's wrong, but he feels perfectly comfortable doing it
[08:54.520 --> 08:59.480]  like the way he was trained to do it and the way everybody else was trained.
[08:59.480 --> 09:04.760]  This is a really high bar to get over.
[09:04.760 --> 09:14.920]  Yeah, even just psychologically, politically, it's not easy for somebody to swallow, especially
[09:14.920 --> 09:17.120]  if they feel like they're the good guys.
[09:17.120 --> 09:19.920]  It seems like maybe if the people are, you know, they're kind of bullies and they're
[09:19.920 --> 09:25.240]  doing their own thing and they're, as the law calls them, mere torque-feasers, they're
[09:25.240 --> 09:29.680]  running outside the lines all the time, then maybe they could accept it a little more easily
[09:29.680 --> 09:34.520]  and someone who really believes they're the good guys, they are the good guys, they're
[09:34.520 --> 09:39.680]  trying to be the good guys and they've been taught wrong and they never went and looked
[09:39.680 --> 09:44.800]  it up for themselves, it's really difficult for them.
[09:44.800 --> 09:48.960]  Even if they did and took it to the bosses, it wouldn't make any difference.
[09:48.960 --> 09:55.000]  The bosses would insist this is how it's always been done, this is how it, you can't tell
[09:55.000 --> 10:00.840]  me that everybody's wrong and you're right, you just can't tell me that and they're not
[10:00.840 --> 10:05.280]  going to accept it, so we've got to find a way to get them to accept it.
[10:05.280 --> 10:12.240]  That's why I sued the justice of the peace the way I sued the justice of the peace.
[10:12.240 --> 10:16.640]  I sued him for not issuing a warrant.
[10:16.640 --> 10:24.480]  I found the weakest leak in the chain and that was 15.09 Texas Code of Criminal Procedure
[10:24.480 --> 10:30.600]  that says when a magistrate is, when a complaint is forwarded to a magistrate that is complete
[10:30.600 --> 10:40.400]  in accordance to 1504 or 1505, he shall issue a warrant for threat that's unique to Texas.
[10:40.400 --> 10:48.920]  I've never seen it anywhere else, other places give the magistrate power to make a determination
[10:48.920 --> 10:51.680]  of probable cause.
[10:51.680 --> 10:57.600]  If what the person brings him is not sufficient, then he can refuse to issue a warrant, not
[10:57.600 --> 10:58.600]  in Texas.
[10:58.600 --> 11:03.400]  In Texas, he's commanded to issue a warrant, then when the person is arrested, the person
[11:03.400 --> 11:09.120]  is commanded to be brought before the magistrate and then the magistrate will make a determination
[11:09.120 --> 11:12.080]  probable cause at that time.
[11:12.080 --> 11:18.200]  So I set the judge up for that and he did better than I expected.
[11:18.200 --> 11:25.040]  He didn't just refuse to act on the complaints and issue a warrant, he refused to even read
[11:25.040 --> 11:27.520]  them.
[11:27.520 --> 11:37.120]  So I've taken that fine point of law, if I can get a ruling saying yes, this is what
[11:37.120 --> 11:48.800]  the code commands and this is what you must do, then when you, one of us, you or I or
[11:48.800 --> 11:55.200]  Brett or somebody listening files a complaint against a public official in Texas, issue
[11:55.200 --> 11:56.200]  a warrant.
[11:56.200 --> 12:02.960]  Well 1503 says at any time the magistrate's authorized to issue a warrant, he can issue
[12:02.960 --> 12:06.960]  a warrant or a summons.
[12:06.960 --> 12:10.880]  So they don't have to go to arrest him, he can come in himself.
[12:10.880 --> 12:13.240]  So he can do that.
[12:13.240 --> 12:19.320]  I filed criminal charges against the Chief Justice of the Supreme.
[12:19.320 --> 12:24.400]  I wanted him to have to come before that magistrate the way the law commands.
[12:24.400 --> 12:28.680]  If we get this one addressed, we may get that done.
[12:28.680 --> 12:33.000]  If I can file a complaint against my local district attorney and he has to go stand before
[12:33.000 --> 12:38.960]  a magistrate and explain himself, they're going to be a whole lot more careful.
[12:38.960 --> 12:43.880]  They're going to start getting their ducks in the rough.
[12:43.880 --> 12:50.240]  And then once I get that ruling, then we come back and look at the record and if I don't
[12:50.240 --> 12:59.600]  see a 16.17 order in the record, that's the order that a magistrate issues after he has
[12:59.600 --> 13:05.680]  made a finding of probable cause in an examining trial.
[13:05.680 --> 13:11.320]  If I don't see that in the record, then I filed criminally against the police officer
[13:11.320 --> 13:17.520]  who made the arrest because he was commanded to take him directly to the nearest magistrate
[13:17.520 --> 13:22.880]  and since that's not in the record and there's no evidence of a magistrate in the record,
[13:22.880 --> 13:28.760]  then I assume the officer did not take him directly to the magistrate.
[13:28.760 --> 13:37.760]  And in the record, I'll see evidence of a jailhouse appearance and a magistration by
[13:37.760 --> 13:41.480]  a magistrate in the jail.
[13:41.480 --> 13:51.360]  So Brett, instead of filing against the policeman, should I file against the magistrate who held
[13:51.360 --> 13:54.920]  the hearing in the jail?
[13:54.920 --> 14:02.160]  They call it a magistration, but if he's a magistrate or she's a magistrate, the only
[14:02.160 --> 14:06.160]  thing they can do is make a determination of probable cause and set bail.
[14:06.160 --> 14:07.160]  Right.
[14:07.160 --> 14:11.280]  And that's what I'm holding a district judge accountable for right now.
[14:11.280 --> 14:19.560]  There are 11 different ways that he, the first one was that he said he's not holding an examining
[14:19.560 --> 14:22.720]  trial, he's going to hold this magistration.
[14:22.720 --> 14:26.760]  And he went on and proceeded to do 11 different things wrong.
[14:26.760 --> 14:31.600]  And I'm holding him accountable for the magistrate, the district judge as a magistrate.
[14:31.600 --> 14:32.600]  Good.
[14:32.600 --> 14:37.200]  Then you're already at the next step.
[14:37.200 --> 14:38.520]  So that's perfect.
[14:38.520 --> 14:40.520]  Where is that at?
[14:40.520 --> 14:44.640]  You mean that's Wood County?
[14:44.640 --> 14:45.640]  Yeah.
[14:45.640 --> 14:51.280]  I mean, not where physically, but where in the process, is that the one you have at the
[14:51.280 --> 14:52.280]  Supreme?
[14:52.280 --> 14:56.600]  No, this is one that is going to the feds.
[14:56.600 --> 15:03.560]  And I have not finished refining the, this is going to be a 1983 suit and he's one of
[15:03.560 --> 15:04.560]  the defendants.
[15:04.560 --> 15:05.560]  Oh, good.
[15:05.560 --> 15:06.560]  Well, no, I'm good.
[15:06.560 --> 15:07.560]  Yeah.
[15:07.560 --> 15:08.560]  I take it since 1983.
[15:08.560 --> 15:09.560]  No, no.
[15:09.560 --> 15:12.560]  What I want is a, a clearly focused issue.
[15:12.560 --> 15:13.560]  Ah, yeah.
[15:13.560 --> 15:24.480]  This one has got 11 different things wrong with it and it's not focused.
[15:24.480 --> 15:29.200]  Well, that, no, the 11 different things wrong with it, that's not the problem.
[15:29.200 --> 15:38.200]  If it's focused directly on this hearing, where he held what he called a magistration,
[15:38.200 --> 15:41.040]  but he was supposed to hold an examining trial.
[15:41.040 --> 15:42.040]  Right.
[15:42.040 --> 15:43.040]  Yeah.
[15:43.040 --> 15:44.720]  So here's how they got...
[15:44.720 --> 15:45.720]  That part's already finished.
[15:45.720 --> 15:48.840]  That part of the suit's already done.
[15:48.840 --> 15:50.240]  That's the point.
[15:50.240 --> 15:54.480]  I may sue one only for that issue.
[15:54.480 --> 15:55.480]  Nothing else.
[15:55.480 --> 15:57.280]  That's what I did, did the discharge.
[15:57.280 --> 16:00.320]  It was a really tightly focused issue.
[16:00.320 --> 16:06.400]  Just one, one thing I claimed, he refused to issue a warrant.
[16:06.400 --> 16:07.640]  That's the only issue.
[16:07.640 --> 16:11.400]  I was careful not to let it get anywhere else.
[16:11.400 --> 16:15.640]  I picked that fight so they didn't have any claim against me.
[16:15.640 --> 16:23.200]  So the next one is to go after, well, go after the magistrate for not holding an examining
[16:23.200 --> 16:24.200]  trial.
[16:24.200 --> 16:27.320]  And I guess I'm set up for it where I'm at.
[16:27.320 --> 16:35.800]  I'm in Victoria County and after I sued the judge, I went down to Victoria County and
[16:35.800 --> 16:41.760]  demanded to observe the morning hearings for people in the jail who had been arrested.
[16:41.760 --> 16:47.920]  Apparently this magistrate does all of those for the whole county because his office is
[16:47.920 --> 16:50.640]  right next to the jail.
[16:50.640 --> 16:53.920]  So they had to let me sit in and watch the hearings.
[16:53.920 --> 17:00.280]  Well, the last time I was there, I raised an issue of no 60 and 70...
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[18:04.640 --> 18:08.520]  In today's America, we live in an us-against-them society and if we the people are ever going
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[18:58.640 --> 19:08.440]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:28.640 --> 19:43.200]  The world is spinning like it's out of control, on the edge of a hole, inside a deep dark
[19:43.200 --> 19:44.200]  dome.
[19:44.200 --> 19:49.200]  I'm always on the lookout for something to soothe my soul.
[19:49.200 --> 20:06.000]  So I sit back and I watch the evidence unfold, and I see justice is the goal, yeah, justice
[20:06.000 --> 20:09.000]  is the goal.
[20:09.000 --> 20:16.000]  Sometimes we sail a little too far at sea, and then we got to get back on course quickly.
[20:16.000 --> 20:23.000]  So we go on a little heavy advisory, from the man that came all the way from Galilee.
[20:23.000 --> 20:29.000]  I'm looking for a safe and warm place to be, where I don't have to work so hard to be free.
[20:29.000 --> 20:35.000]  Some guys are trying to rewrite history, but they got caught, now them guys got the fleet.
[20:35.000 --> 20:54.000]  Looks like justice is the goal, looks like justice is the goal, yeah, yeah.
[20:54.000 --> 21:01.000]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we've got a board full
[21:01.000 --> 21:02.000]  of callers.
[21:02.000 --> 21:07.000]  One first time caller, we have one more issue, one more thing I want to address before we
[21:07.000 --> 21:15.000]  go to our callers, and that is, I was talking to Brett earlier, and Brett, you mentioned
[21:15.000 --> 21:22.000]  about how Wood County is doing things different after you beat the crap out of them.
[21:22.000 --> 21:29.000]  Right, well, the last time they wanted to give me a ticket, we went around and around
[21:29.000 --> 21:37.000]  a little bit, and they ended up, well, I was just remembering and laughing with my wife
[21:37.000 --> 21:45.000]  yesterday, because in the first go around, the prosecutor had to come and try to do their,
[21:45.000 --> 21:50.000]  you know, they do their little song and dance, where they want you to see if you can work
[21:50.000 --> 21:55.000]  out a deal, because the judge is kind of scary, and he may rule against you, and I'll see
[21:55.000 --> 21:56.000]  if I can work out something.
[21:56.000 --> 22:00.000]  You know, they always have that little routine, right?
[22:00.000 --> 22:04.000]  Well, I gave him a, oh, my goodness, you're not the judge.
[22:04.000 --> 22:05.000]  What are you doing?
[22:05.000 --> 22:08.000]  You're not, this is not, who are you?
[22:08.000 --> 22:13.000]  You know, he's impersonating the judge, and, you know, we went back and forth a little
[22:13.000 --> 22:25.000]  bit, and when I left his office, he realized that this was going to be a challenge.
[22:25.000 --> 22:35.000]  It was going to be, I wasn't going to just pay or, you know, make a deal, something like
[22:35.000 --> 22:36.000]  that.
[22:36.000 --> 22:38.000]  This was going to be by the law.
[22:38.000 --> 22:47.000]  We're going to go by what the books say, and, well, he was pretty full of himself, and
[22:47.000 --> 22:53.000]  he just stood up at one point, he says, he was showing me to the door, he says, well,
[22:53.000 --> 23:01.000]  may the best man win, and I was kind of chuckling about that with my wife yesterday as we were
[23:01.000 --> 23:02.000]  remembering it.
[23:02.000 --> 23:05.000]  You know, this sounded like he's saying, okay, it's on.
[23:05.000 --> 23:11.000]  It's you against me, and, well, it didn't take very long for that man to just disappear,
[23:11.000 --> 23:14.000]  and then right after that, the whole law firm disappeared.
[23:14.000 --> 23:23.000]  So, as we're thinking back on these things, and then fast forward about three and a half,
[23:23.000 --> 23:32.000]  maybe four years, and now I'm getting a speeding ticket through the same county, and they
[23:32.000 --> 23:34.000]  are doing things differently.
[23:34.000 --> 23:36.000]  I see them trying.
[23:36.000 --> 23:40.000]  Last time, I gave them a really hard time about not having a complaint.
[23:40.000 --> 23:47.000]  They were trying to pretend like a traffic citation is a complaint, and I gave it to
[23:47.000 --> 23:53.000]  them really clear, and every time that their lawyers came back and tried to say, oh, but
[23:53.000 --> 23:56.000]  this and that, and I just ripped it to shreds.
[23:56.000 --> 24:02.000]  I embarrassed them so badly, and I wasn't trying to embarrass anybody, but I couldn't
[24:02.000 --> 24:05.000]  allow falsehood to win the day.
[24:05.000 --> 24:16.000]  So, every time they tried to throw falsehood up in the way, I pulverized it, and now they
[24:16.000 --> 24:19.000]  started out immediately.
[24:19.000 --> 24:21.000]  This is from Saturday to Monday.
[24:21.000 --> 24:23.000]  Saturday, I got the speeding ticket.
[24:23.000 --> 24:28.000]  Monday, they're already writing up a complaint, and they're doing a sworn complaint.
[24:28.000 --> 24:35.000]  They had somebody else that wasn't the cop actually to administer the oath.
[24:35.000 --> 24:38.000]  You know, there's some things wrong with the complaint.
[24:38.000 --> 24:46.000]  I can't give them a hundred, you know, an A plus, but they really made some effort here.
[24:46.000 --> 24:52.000]  They didn't even try before, and they are also inviting me.
[24:52.000 --> 24:59.000]  It says, please be advised that the above-reference cause has been set for a pretrial hearing.
[24:59.000 --> 25:05.000]  Well, this is not trying to get me to an arraignment like they would before.
[25:05.000 --> 25:10.000]  They know that there's no sense in somebody trying to enter a plea to something that hasn't
[25:10.000 --> 25:15.000]  been expressed, so they're bringing me to what looks like they're going to do an examining trial.
[25:15.000 --> 25:19.000]  What do you think about that, Randy?
[25:19.000 --> 25:25.000]  I think if they did an examining trial, that would be incredible.
[25:25.000 --> 25:35.000]  But what I bet they're going to do is call you in and try to make a deal.
[25:35.000 --> 25:40.000]  You want to wager on that one?
[25:40.000 --> 25:45.000]  It's almost certain they knew exactly who you are.
[25:45.000 --> 25:50.000]  What they're doing, this doesn't necessarily mean they're doing it for everybody.
[25:50.000 --> 25:51.000]  Right.
[25:51.000 --> 25:59.000]  And actually, in the case I'm in, come to think of it, once I hammered the judge in court,
[25:59.000 --> 26:05.000]  after the hearing, they sent me a complaint, a verified complaint.
[26:05.000 --> 26:10.000]  And every ruling he made sent me a written order.
[26:10.000 --> 26:19.000]  So you may have gotten more than just Wood County, because one thing that I have found out
[26:19.000 --> 26:23.000]  is these judges have monthly meetings with all the judges,
[26:23.000 --> 26:26.000]  and they talk about the stuff they've had to deal with.
[26:26.000 --> 26:28.000]  Yes, they do.
[26:28.000 --> 26:35.000]  So when we tell people, you can make a difference, you go in there,
[26:35.000 --> 26:40.000]  and when you fight with them, they will throw everything they've got at you,
[26:40.000 --> 26:46.000]  that they will not give up, they will not back down, they will fight you like a tiger.
[26:46.000 --> 26:54.000]  But when they get done, then they say, we don't ever want that to happen again.
[26:54.000 --> 26:59.000]  What can we do different to keep that from happening?
[26:59.000 --> 27:04.000]  It doesn't take all of us to make a change.
[27:04.000 --> 27:08.000]  Brett has definitely made a change in Wood County,
[27:08.000 --> 27:14.000]  and I suspect he's made a change in most every other county.
[27:14.000 --> 27:19.000]  When I went to Victoria County, I went to the district clerk
[27:19.000 --> 27:24.000]  and demonstrated that there was no 1617 order in there.
[27:24.000 --> 27:30.000]  Well, when I come back, I found a finding of probable cause in the record.
[27:30.000 --> 27:33.000]  My goodness, what is this?
[27:33.000 --> 27:37.000]  Nice. Somebody's learning.
[27:37.000 --> 27:41.000]  I wanted to see the morning hearing to see how they did that.
[27:41.000 --> 27:45.000]  So there was a little pressure and a little pushing around,
[27:45.000 --> 27:49.000]  but that finally got in there, and he brings the guy up on video,
[27:49.000 --> 27:57.000]  and he said, I read the complaint by the officer, and I found probable cause.
[27:57.000 --> 28:03.000]  And I'm thinking, is that a fact, Jack?
[28:03.000 --> 28:07.000]  We'll see how that works out for you.
[28:07.000 --> 28:14.000]  But at least it's clear they paid attention.
[28:14.000 --> 28:22.000]  When we bring them black letter law, they pay attention.
[28:22.000 --> 28:25.000]  They still want to do it the way they've been doing it,
[28:25.000 --> 28:28.000]  and that's the way they've always been doing it.
[28:28.000 --> 28:31.000]  But we're driving wedges.
[28:31.000 --> 28:34.000]  Brett drove a wedge. I'm driving a wedge.
[28:34.000 --> 28:36.000]  You guys can drive wedges.
[28:36.000 --> 28:38.000]  We've got a lot of people here driving wedges.
[28:38.000 --> 28:41.000]  We're not the only ones.
[28:41.000 --> 28:46.000]  Several people in Texas have been driving wedges under these guys.
[28:46.000 --> 28:50.000]  So fight them. It's great fun.
[28:50.000 --> 28:54.000]  I mean, what can you lose, especially with tickets?
[28:54.000 --> 28:58.000]  They're going to charge you so much no matter what.
[28:58.000 --> 29:03.000]  So you fight them like crazy, they can't charge you anymore.
[29:03.000 --> 29:05.000]  And it's only a traffic ticket.
[29:05.000 --> 29:06.000]  What the heck?
[29:06.000 --> 29:08.000]  It's the best legal education we ever have,
[29:08.000 --> 29:13.000]  and you will have a court that will fight you harder than any other court.
[29:13.000 --> 29:19.000]  As you move up in the courts, they get far more professional, far more polite.
[29:19.000 --> 29:26.000]  They're not anywhere near as hard to deal with as the municipal JPs are.
[29:26.000 --> 29:32.000]  So that's our little wah-wah, let's go get them speech.
[29:32.000 --> 29:35.000]  We're going to come back on the other side and start taking callers.
[29:35.000 --> 29:37.000]  I have a first-time caller.
[29:37.000 --> 29:40.000]  We'll take the first-time caller first, and then we've got Grace,
[29:40.000 --> 29:43.000]  John in New York, and Jane in Texas.
[29:43.000 --> 29:46.000]  We'll get to all of you.
[29:46.000 --> 29:49.000]  Brad, I got 15 minutes and I run out of stuff.
[29:49.000 --> 29:53.000]  Say something real insightful.
[29:53.000 --> 30:02.000]  Well, let's give people the phone number, 512-646-1984.
[30:02.000 --> 30:05.000]  It's clear cell phones have changed the way we live and work,
[30:05.000 --> 30:07.000]  but have they negatively affected our health?
[30:07.000 --> 30:10.000]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment
[30:10.000 --> 30:15.000]  with new findings about how cell phones may actually alter our brain chemistry.
[30:15.000 --> 30:17.000]  Privacy is under attack.
[30:17.000 --> 30:20.000]  When you give up data about yourself, you'll never get it back again.
[30:20.000 --> 30:25.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.000 --> 30:30.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.000 --> 30:33.000]  Privacy, it's worth hanging on to.
[30:33.000 --> 30:37.000]  This public service announcement is brought to you by StartPage.com,
[30:37.000 --> 30:41.000]  the private search engine alternative to Google, Yahoo, and Bing.
[30:41.000 --> 30:44.000]  Start over with StartPage.
[30:44.000 --> 30:47.000]  Cell phones emit radiofrequency energy.
[30:47.000 --> 30:48.000]  It's a fact.
[30:48.000 --> 30:52.000]  But whether it's dangerous to have a phone beaming this kind of radiation near your head
[30:52.000 --> 30:53.000]  has been disputed.
[30:53.000 --> 30:57.000]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.000 --> 31:01.000]  Well, now the Journal of the American Medical Association is confirming
[31:01.000 --> 31:03.000]  that cell phones affect brain chemistry.
[31:03.000 --> 31:07.000]  A study of 47 volunteers showed that glucose metabolism
[31:07.000 --> 31:12.000]  in the area of the brain closest to the cell phone antenna increases when the cell phone is on.
[31:12.000 --> 31:15.000]  While researchers aren't sure whether this exposure causes damage,
[31:15.000 --> 31:17.000]  I'm not taking any chances.
[31:17.000 --> 31:21.000]  I always keep the phone far from my body, and I use a corded headset.
[31:21.000 --> 31:26.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:31.000 --> 31:32.000]  I lost my son.
[31:32.000 --> 31:33.000]  My nephew.
[31:33.000 --> 31:34.000]  My uncle.
[31:34.000 --> 31:35.000]  My son.
[31:35.000 --> 31:36.000]  On September 11, 2001.
[31:36.000 --> 31:39.000]  Most people don't know that a third tower fell on September 11.
[31:39.000 --> 31:43.000]  At Trade Center 7, a 47-story skyscraper was not hit by a plane.
[31:43.000 --> 31:47.000]  Although the official explanation is that fire brought down Building 7.
[31:47.000 --> 31:51.000]  Over 1,200 architects and engineers have looked into the evidence
[31:51.000 --> 31:53.000]  and believe there is more to the story.
[31:53.000 --> 31:54.000]  Bring justice to my son.
[31:54.000 --> 31:55.000]  My uncle.
[31:55.000 --> 31:56.000]  My nephew.
[31:56.000 --> 31:57.000]  My son.
[31:57.000 --> 31:58.000]  Go to buildingwhat.org.
[31:58.000 --> 32:01.000]  Why it fell, why it matters, and what you can do.
[32:01.000 --> 32:07.000]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[32:07.000 --> 32:12.000]  Then tune in to logosradionetwork.com on Wednesdays from 8 to 10 p.m. Central Time for
[32:12.000 --> 32:17.000]  Scripture Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy
[32:17.000 --> 32:18.000]  2.15.
[32:18.000 --> 32:23.000]  Study to show thyself approved unto God, a workman that needeth not to be ashamed,
[32:23.000 --> 32:25.000]  rightly dividing the Word of Truth.
[32:25.000 --> 32:29.000]  Starting in January, our first-hour studies are in the Book of Mark, where we'll go
[32:29.000 --> 32:33.000]  verse by verse and discuss the true Gospel message.
[32:33.000 --> 32:38.000]  Our second-hour topical studies will vary each week with discussions on sound doctrine
[32:38.000 --> 32:40.000]  and Christian character development.
[32:40.000 --> 32:44.000]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.000 --> 32:49.000]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:49.000 --> 32:51.000]  of our Lord and Savior Jesus.
[32:51.000 --> 32:58.000]  So tune in to Scripture Talk live on logosradionetwork.com Wednesdays from 8 to 10 p.m. to inspire
[32:58.000 --> 33:04.000]  and motivate your studies of the Scriptures.
[33:28.000 --> 33:51.000]  Okay, we are back.
[33:51.000 --> 33:58.000]  This is Randy Kelton-Bret from the Uptown Rule of Law Radio on this Friday, the second
[33:58.000 --> 33:59.000]  day of September 2022.
[33:59.000 --> 34:01.000]  And no, Bret, it is not October.
[34:01.000 --> 34:06.000]  He keeps trying to confuse me just because I'm old and in my dotage.
[34:06.000 --> 34:08.000]  We do have a first-time caller.
[34:08.000 --> 34:13.000]  If you are in the 267 area code, talk to us.
[34:13.000 --> 34:19.000]  Give us a first name and a state.
[34:19.000 --> 34:22.000]  A first name and a who?
[34:22.000 --> 34:24.000]  And state.
[34:24.000 --> 34:25.000]  Ah, okay.
[34:25.000 --> 34:28.000]  Florence, Pennsylvania.
[34:28.000 --> 34:31.000]  Okay, what was the first name again?
[34:31.000 --> 34:33.000]  Florence.
[34:33.000 --> 34:34.000]  Florence, okay.
[34:34.000 --> 34:35.000]  Florence in Pennsylvania.
[34:35.000 --> 34:41.000]  We need to know the state so we know what the laws are that affect you.
[34:41.000 --> 34:45.000]  I don't know all the laws for all the state, but Bret does.
[34:45.000 --> 34:46.000]  Oh.
[34:46.000 --> 34:50.000]  We hold him responsible for that anyway.
[34:50.000 --> 34:56.000]  Okay, what do you have for us today?
[34:56.000 --> 34:57.000]  Oh, my goodness.
[34:57.000 --> 35:04.000]  I was hoping somebody would kind of give me a guideline what to say and talk about pretty much.
[35:04.000 --> 35:17.000]  Well, I guess the conversation would be about the current COVID-19 tenets, I guess, of protection
[35:17.000 --> 35:26.000]  that's supposed to have been put in place post-pandemic and how the fact that the Consumer Protection
[35:26.000 --> 35:35.000]  Law, I mean, Eighth Bureau, and the federal, what is it, the FTC does not do anything or,
[35:35.000 --> 35:43.000]  you know, everyone claims that they have to, they can't do nothing about an individual
[35:43.000 --> 35:48.000]  case and it has to be, you know, a case about everybody before they act.
[35:48.000 --> 35:50.000]  I mean, where do they get that from?
[35:50.000 --> 35:59.000]  I mean, in order to get to a whole bunch of people case, you have to have an individual case to start from.
[35:59.000 --> 36:08.000]  Well, yeah, in order to, if you're suing or if you have a specific issue you want to address
[36:08.000 --> 36:16.000]  and you want the courts to address it, the courts can only address a controversy.
[36:16.000 --> 36:17.000]  Right.
[36:17.000 --> 36:26.000]  There is an avenue, a relatively new method that allows you to petition, file a petition
[36:26.000 --> 36:36.000]  for declaratory judgment where you think the law should address this particular issue,
[36:36.000 --> 36:39.000]  but in this case we're dealing with COVID-19.
[36:39.000 --> 36:45.000]  COVID-19 is relatively recent as far as law is concerned.
[36:45.000 --> 36:52.000]  So I have this law here and I think it applies to these guys here doing these mask things
[36:52.000 --> 36:57.000]  or vaccination thing, but I'm not sure.
[36:57.000 --> 37:04.000]  So rather than file a full on lawsuit, which will cost both parties a lot of money,
[37:04.000 --> 37:12.000]  I want to test the application of the law to the facts to see if I actually do have a claim.
[37:12.000 --> 37:17.000]  And you can do that through a petition for declaratory judgment.
[37:17.000 --> 37:23.000]  The hardest thing now, especially in the Fed, but even in the states,
[37:23.000 --> 37:29.000]  is to keep your lawsuit from being thrown out for failure to state a claim.
[37:29.000 --> 37:31.000]  Why?
[37:31.000 --> 37:35.000]  So we get around that by filing a petition for declaratory judgment.
[37:35.000 --> 37:45.000]  I had a judge in Fort Worth, a federal judge, this was a foreclosure issue,
[37:45.000 --> 37:51.000]  and I filed a petition for declaratory judgment based on the standing
[37:51.000 --> 37:56.000]  of the entity doing the foreclosure.
[37:56.000 --> 38:01.000]  And the other side moved to dismiss under 12B6 a failure to state a claim
[38:01.000 --> 38:03.000]  in which COVID-19 can be had.
[38:03.000 --> 38:08.000]  The judge dismissed my case with prejudice for failure to state a claim.
[38:08.000 --> 38:10.000]  Problem.
[38:10.000 --> 38:15.000]  Petitions for declaratory judgment don't have claims.
[38:15.000 --> 38:21.000]  So they are immune from a 12B6 dismissal.
[38:21.000 --> 38:29.000]  The thing the defendant wants most of all is to avoid discovery.
[38:29.000 --> 38:31.000]  That's where they get beat up.
[38:31.000 --> 38:33.000]  That's where it costs them a lot of money.
[38:33.000 --> 38:36.000]  So they really need this 12B6.
[38:36.000 --> 38:41.000]  And the federal judges for the banks and all of these large entities
[38:41.000 --> 38:48.000]  just routinely grant the 12B6 out of hand because they've been bought and paid for.
[38:48.000 --> 38:54.000]  Their problem is this judge is dismissed for failure to state a claim,
[38:54.000 --> 38:58.000]  and I went straight to the special agent in charge of the FBI
[38:58.000 --> 39:02.000]  and filed criminal charges and ordered him to get over there and arrest that judge.
[39:02.000 --> 39:05.000]  McBride was his name.
[39:05.000 --> 39:11.000]  Well, I had about three or four people file that same suit.
[39:11.000 --> 39:13.000]  It's a who the heck are you suit.
[39:13.000 --> 39:18.000]  When they try to sue, we say, we don't know who you are.
[39:18.000 --> 39:21.000]  We didn't get a loan through you.
[39:21.000 --> 39:24.000]  You're not the servicer.
[39:24.000 --> 39:27.000]  You're not the holder of the mortgage.
[39:27.000 --> 39:29.000]  We don't know who you are.
[39:29.000 --> 39:34.000]  I did that in a case in New York where Wells Fargo was the lender,
[39:34.000 --> 39:37.000]  the servicer, and doing the foreclosure.
[39:37.000 --> 39:39.000]  And we said, who the heck are you?
[39:39.000 --> 39:40.000]  We don't know who you are.
[39:40.000 --> 39:41.000]  Prove yourself up.
[39:41.000 --> 39:46.000]  And that goes to the fact that you don't have to admit to anything,
[39:46.000 --> 39:48.000]  anything they claim they have to prove.
[39:48.000 --> 39:54.000]  So we filed this after I filed it in Fort Worth, and they threw it out.
[39:54.000 --> 39:59.000]  They wanted him to rule on whether or not this bank had standing.
[39:59.000 --> 40:01.000]  And I filed criminal charges against the judge.
[40:01.000 --> 40:06.000]  Three or four guys filed it after me, and he didn't dismiss any of them.
[40:06.000 --> 40:12.000]  It is so new that a lot of these judges don't even know what it is.
[40:12.000 --> 40:21.000]  And in every civil case, they expect a plaintiff to bring claims against a defendant.
[40:21.000 --> 40:26.000]  Well, with a declaratory judgment, you don't bring claims.
[40:26.000 --> 40:29.000]  And they can't dismiss it.
[40:29.000 --> 40:37.000]  It gets you past the front door, gets you to discovery.
[40:37.000 --> 40:41.000]  And that makes it really, really powerful.
[40:41.000 --> 40:44.000]  So if you have an issue, you have to frame it very carefully.
[40:44.000 --> 40:50.000]  Your original statement to us was kind of all over the place.
[40:50.000 --> 40:53.000]  In law, you have to be real specific.
[40:53.000 --> 41:01.000]  What is your specific concern about the COVID issue?
[41:01.000 --> 41:02.000]  Okay.
[41:02.000 --> 41:06.000]  Well, that's just kind of what it is all over the place is just the way the law,
[41:06.000 --> 41:14.000]  as they address it into the, I guess, procedures or the rules of court
[41:14.000 --> 41:20.000]  and what's supposed to happen and how things are supposed to go down.
[41:20.000 --> 41:21.000]  Okay.
[41:21.000 --> 41:22.000]  Okay.
[41:22.000 --> 41:23.000]  Hold on, hold on.
[41:23.000 --> 41:26.000]  You're using pronouns.
[41:26.000 --> 41:29.000]  And we hate pronouns.
[41:29.000 --> 41:34.000]  You used it, and I have no idea what it refers to.
[41:34.000 --> 41:35.000]  Okay.
[41:35.000 --> 41:40.000]  Try to do that again with no pronouns.
[41:40.000 --> 41:41.000]  Say it again.
[41:41.000 --> 41:43.000]  Start what again with no pronouns?
[41:43.000 --> 41:46.000]  Tell us that again without any pronouns.
[41:46.000 --> 41:49.000]  Instead of yet, give us the proper name of what you're referencing.
[41:49.000 --> 41:58.000]  And instead of they, if you can help us to understand who they is.
[41:58.000 --> 41:59.000]  Okay.
[41:59.000 --> 42:05.000]  Well, and according to the rules of procedure, okay, the rules of procedure
[42:05.000 --> 42:13.000]  and also the executive order under the CARES Act, that they're not supposed to,
[42:13.000 --> 42:17.000]  once a person has issued-
[42:17.000 --> 42:18.000]  Wait, wait, wait, wait, wait.
[42:18.000 --> 42:23.000]  They are who they-
[42:23.000 --> 42:28.000]  Whoever, if it's a tenant or whoever is going through who's being sued
[42:28.000 --> 42:31.000]  in an eviction court under the CARES Act.
[42:31.000 --> 42:33.000]  Oh, okay.
[42:33.000 --> 42:36.000]  That helps.
[42:36.000 --> 42:42.000]  This is a good practice if you're going to deal in law for everybody listening out there.
[42:42.000 --> 42:44.000]  Avoid pronouns.
[42:44.000 --> 42:48.000]  It's okay to be redundant.
[42:48.000 --> 42:57.000]  If you give a proper name in a paragraph, you can use a pronoun if it's very clear
[42:57.000 --> 43:00.000]  that it goes to that proper name in the same paragraph.
[43:00.000 --> 43:03.000]  But if you go to another paragraph, start out with a proper name again
[43:03.000 --> 43:09.000]  because anytime we hear a pronoun, we have to guess as to who or what it refers to.
[43:09.000 --> 43:12.000]  That really made a big difference.
[43:12.000 --> 43:15.000]  We've got about 50 seconds before the break.
[43:15.000 --> 43:18.000]  When we come back, try to give us this.
[43:18.000 --> 43:22.000]  Now we're on eviction and it has to do with COVID.
[43:22.000 --> 43:26.000]  This sounds like it's going to get really interesting.
[43:26.000 --> 43:30.000]  This is Randy Kelton, Brett Fountain, Rule of Law Radio.
[43:30.000 --> 43:32.000]  I'm not going to give out the call-in numbers.
[43:32.000 --> 43:35.000]  We've got four on the board and that's all it'll hold.
[43:35.000 --> 43:40.000]  So when someone drops off, you can call us in at five.
[43:40.000 --> 43:43.000]  No, I said I wasn't going to give that out.
[43:43.000 --> 43:45.000]  I'm contradicting myself, Brett.
[43:45.000 --> 43:48.000]  This is what happens when I don't have any medicine.
[43:48.000 --> 43:51.000]  I can give it out if you want to.
[43:51.000 --> 43:54.000]  No, we're just using up the last few seconds.
[43:54.000 --> 43:57.000]  Hang on, we'll be right back.
[44:00.000 --> 44:04.000]  Through advances in technology, our lives have greatly improved
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[45:00.000 --> 45:03.000]  Are you the plaintiff or defendant in a lawsuit?
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[45:07.000 --> 45:15.000]  the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step.
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[45:39.000 --> 45:43.000]  about the principles and practices that control our American courts.
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[45:52.000 --> 46:14.000]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:14.000 --> 46:24.000]  Whoa, whoa, yeah.
[46:24.000 --> 46:30.000]  Always, I must be careful what I'm wishing for.
[46:30.000 --> 46:35.000]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.000 --> 46:41.000]  I ain't asking for much, I ain't trying to be no glutton.
[46:41.000 --> 46:47.000]  I'm just here making my living pushing buttons.
[46:47.000 --> 46:53.000]  I give my message out to anyone in shot and distance.
[46:53.000 --> 46:56.000]  I vote for bravery and against slavery.
[46:56.000 --> 46:58.000]  Okay, we are back.
[46:58.000 --> 47:03.000]  We're at the Kelton Fountain Rule of Law Radio, and we're talking to Florence in Pennsylvania.
[47:03.000 --> 47:06.000]  Now, this is, that gets interesting.
[47:06.000 --> 47:10.000]  You have an eviction issue related to COVID.
[47:10.000 --> 47:18.000]  How does the eviction relate to the COVID issue?
[47:18.000 --> 47:19.000]  Okay.
[47:19.000 --> 47:28.000]  According to the CARES Act, once a tenant notifies the landlord that they have issues
[47:28.000 --> 47:36.000]  or problems paying the debt or the bill because of directly or indirectly due to COVID,
[47:36.000 --> 47:41.000]  that they are not supposed to be able to proceed.
[47:41.000 --> 47:45.000]  The landlord is not supposed to be able to proceed in foreclosure.
[47:45.000 --> 47:48.000]  And if they, I mean in eviction, excuse me.
[47:48.000 --> 47:54.000]  And if they go into eviction court to evict the tenant out,
[47:54.000 --> 48:00.000]  and the tenant let the court know that days prior to the landlord coming to the court
[48:00.000 --> 48:06.000]  that they received a copy of the declaration or tenant affidavit,
[48:06.000 --> 48:18.000]  the court is supposed to throw the case out or either mandate the court-based emergency rental assistance fund
[48:18.000 --> 48:29.000]  for people to be able to stay in their apartments or even during, even in a mortgage situation as well.
[48:29.000 --> 48:31.000]  Okay, hold on a second.
[48:31.000 --> 48:36.000]  I need you to send me an email.
[48:36.000 --> 48:38.000]  Uh-huh.
[48:38.000 --> 48:44.000]  You know more about this just from what I've heard than anybody I've talked to.
[48:44.000 --> 48:46.000]  Oh, okay.
[48:46.000 --> 48:49.000]  I want to use you as a reference.
[48:49.000 --> 48:51.000]  Okay.
[48:51.000 --> 48:57.000]  Are you familiar with our telegram channels?
[48:57.000 --> 48:58.000]  No.
[48:58.000 --> 49:04.000]  We have a telegram channel called Mask Law Society.
[49:04.000 --> 49:06.000]  And how many people we got on there, Brett?
[49:06.000 --> 49:09.000]  About 1,500?
[49:09.000 --> 49:11.000]  Well, let me see.
[49:11.000 --> 49:17.000]  We've got a bunch of them, and they're all, that one is dedicated to COVID issues,
[49:17.000 --> 49:20.000]  and we've got a lot of good people on there.
[49:20.000 --> 49:22.000]  Yeah, it looks like right now, 1,293.
[49:22.000 --> 49:29.000]  So if you will send me an email, I'll have a way to contact you,
[49:29.000 --> 49:33.000]  and I will send you a link to, we've got two channels.
[49:33.000 --> 49:37.000]  Brett, have you put up a channel recently?
[49:37.000 --> 49:40.000]  I'm just doing kind of a walk-through with a speeding ticket,
[49:40.000 --> 49:44.000]  but it's not really a general purpose chat group.
[49:44.000 --> 49:45.000]  Oh, okay.
[49:45.000 --> 49:50.000]  Then we have two channels, the Law Society and Mask Law Society.
[49:50.000 --> 49:53.000]  The Law Society is like this show.
[49:53.000 --> 49:58.000]  It does law generally, but the Mask Law Society is specifically a COVID issue.
[49:58.000 --> 50:02.000]  I think you will find that extremely helpful.
[50:02.000 --> 50:04.000]  Okay.
[50:04.000 --> 50:05.000]  Okay.
[50:05.000 --> 50:10.000]  I will shut up now and go back to your presentation.
[50:10.000 --> 50:14.000]  You're educating all of us.
[50:14.000 --> 50:15.000]  Oh, boy.
[50:15.000 --> 50:17.000]  Okay, okay.
[50:17.000 --> 50:25.000]  Well, okay, so according to the most, according to the CARE Act,
[50:25.000 --> 50:28.000]  the CARE Act was issued by the president,
[50:28.000 --> 50:33.000]  and every state of the union followed with every governor
[50:33.000 --> 50:42.000]  issuing a governatorial executive order on the pandemic based off the CARES Act.
[50:42.000 --> 50:49.000]  And there was emergency funds that were allocated all over the state
[50:49.000 --> 50:54.000]  that was supposed to be able to give funds and assistance
[50:54.000 --> 50:59.000]  to those who were in mortgage situations in the forbearance
[50:59.000 --> 51:06.000]  or even as tenants was affected by COVID-19
[51:06.000 --> 51:10.000]  and could not pay because of the shutdown or they lost their business
[51:10.000 --> 51:17.000]  or lost their income more than 50% or even 20% actually of their income
[51:17.000 --> 51:21.000]  and could not afford to pay the bill.
[51:21.000 --> 51:27.000]  So with that, that was a grant fund that was supposed to be able to relieve people
[51:27.000 --> 51:35.000]  of the debt that they surmounted or collected over the period of time.
[51:35.000 --> 51:40.000]  But also under the CARES Act, the landlord nor the bank
[51:40.000 --> 51:45.000]  was supposed to be able to charge interest during that time of the pandemic
[51:45.000 --> 51:49.000]  to increase the amount that someone owed.
[51:49.000 --> 51:58.000]  So if you had given the bank or your landlord the declaration as a David
[51:58.000 --> 52:04.000]  that you were negative, you have financial hardship because of the COVID-19,
[52:04.000 --> 52:07.000]  and you proceeded in to go to court to foreclose on you
[52:07.000 --> 52:10.000]  or to evict you from your property,
[52:10.000 --> 52:16.000]  the courts were obligated to throw the case out if you sent the affidavit
[52:16.000 --> 52:22.000]  or they were supposed to enforce the landlord or the mortgage company
[52:22.000 --> 52:26.000]  to get into the court-based rental assistance program
[52:26.000 --> 52:32.000]  to give people the relief and funds for whatever amount that they were outstanding
[52:32.000 --> 52:35.000]  plus some months in advancement.
[52:35.000 --> 52:38.000]  Now here's where the problem comes in.
[52:38.000 --> 52:41.000]  Are you guys ready for that?
[52:41.000 --> 52:43.000]  We're ready.
[52:43.000 --> 52:45.000]  Okay, great. Okay.
[52:45.000 --> 52:52.000]  So what was happening is that a lot of court, a lot of judges
[52:52.000 --> 53:01.000]  was not following the protocol of the post-pandemic addiction prevention
[53:01.000 --> 53:04.000]  ordinances and relief that was signed.
[53:04.000 --> 53:09.000]  Wait, wait, are you saying that maybe some judges don't follow the rule?
[53:09.000 --> 53:12.000]  They might just do whatever they want?
[53:12.000 --> 53:13.000]  Oh, yeah.
[53:13.000 --> 53:15.000]  Oh, my goodness.
[53:15.000 --> 53:17.000]  No, wait, whoa, whoa, whoa, whoa.
[53:17.000 --> 53:24.000]  That's seditious to think that a judge would give a bad ruling.
[53:24.000 --> 53:27.000]  I'm crushed.
[53:27.000 --> 53:32.000]  You have destroyed my faith in the system.
[53:32.000 --> 53:36.000]  Okay, go ahead, go ahead.
[53:36.000 --> 53:45.000]  Yes, so quite a few judges have been still violating the post-pandemic
[53:45.000 --> 53:50.000]  relief effort of the governors to put people out.
[53:50.000 --> 53:53.000]  And like, for example, the state of Illinois,
[53:53.000 --> 54:00.000]  it's supposed to be against public policy for addiction to occur.
[54:00.000 --> 54:06.000]  And if someone, and then for the fact that the governors had been putting,
[54:06.000 --> 54:11.000]  they called in order to slow down the effect of COVID,
[54:11.000 --> 54:17.000]  they put into place that the addictions were not supposed to take place
[54:17.000 --> 54:22.000]  because of the attendance receiving, the attendance given a proper affidavit.
[54:22.000 --> 54:25.000]  Now, for a judge to go ahead and say,
[54:25.000 --> 54:29.000]  instead of enforcing either the case being dismissed
[54:29.000 --> 54:34.000]  or forcing for the landlord to accept the funds,
[54:34.000 --> 54:42.000]  them giving an order to go ahead and evict is a violation of the policy of the state.
[54:42.000 --> 54:50.000]  So a lot of people have been having a problem with the fact that these agencies
[54:50.000 --> 54:57.000]  who have received the money from the state are not kindly giving the funds
[54:57.000 --> 55:00.000]  to prevent the eviction.
[55:00.000 --> 55:04.000]  And they're letting the landlord go ahead through the court and proceed,
[55:04.000 --> 55:11.000]  even though the tenants and sometimes mortgage, you know, the people,
[55:11.000 --> 55:14.000]  the mortgages, I'm not saying it, mortgages,
[55:14.000 --> 55:20.000]  but to the people who own the homeowners were going through the process
[55:20.000 --> 55:23.000]  of getting the rental assistance funds,
[55:23.000 --> 55:28.000]  and they were still evicting people out anyway.
[55:28.000 --> 55:29.000]  Okay.
[55:29.000 --> 55:31.000]  So, yeah.
[55:31.000 --> 55:33.000]  We've got the general problem.
[55:33.000 --> 55:37.000]  Do you have a specific issue you want to address here?
[55:37.000 --> 55:44.000]  Yes. My issue would be, my issue is how that's occurring.
[55:44.000 --> 55:51.000]  What would be the suggestion to stop that, to make a court follow the rules
[55:51.000 --> 55:53.000]  that they're supposed to do?
[55:53.000 --> 55:57.000]  Like, for example, there was my niece is in Illinois.
[55:57.000 --> 56:01.000]  She was approved for the rental assistance program,
[56:01.000 --> 56:10.000]  and according to Illinois, the IDOH, which is the Illinois Department of Housing,
[56:10.000 --> 56:15.000]  is supposed to get involved when the landlord violates the law
[56:15.000 --> 56:19.000]  and still proceed to try to evict the tenant out.
[56:19.000 --> 56:22.000]  They was in the process of getting her the money.
[56:22.000 --> 56:26.000]  She was approved for it, but they never brought the documents into court.
[56:26.000 --> 56:28.000]  They never gave her the approval letter.
[56:28.000 --> 56:34.000]  And secretly, the landlord took and refused the money
[56:34.000 --> 56:38.000]  and blocked the process of her getting the funds.
[56:38.000 --> 56:41.000]  And then they had to evict her.
[56:41.000 --> 56:42.000]  Okay.
[56:42.000 --> 56:51.000]  Under the CARES Act, does the landlord have the standing to refuse to accept payment?
[56:51.000 --> 56:58.000]  Not according to the extension of the CARES Act.
[56:58.000 --> 57:03.000]  Actually, I'm pretty sure it is in the CARES Act that they're not supposed to refuse their funds.
[57:03.000 --> 57:04.000]  Okay.
[57:04.000 --> 57:09.000]  And the money is supposed to be given to the tenant.
[57:09.000 --> 57:14.000]  What are you prepared to do?
[57:14.000 --> 57:17.000]  Whatever is necessary.
[57:17.000 --> 57:22.000]  Are you prepared to build a suit for your niece?
[57:22.000 --> 57:24.000]  Yes.
[57:24.000 --> 57:25.000]  Okay.
[57:25.000 --> 57:27.000]  Here's the deal.
[57:27.000 --> 57:34.000]  Generally, you can't sue a public official, especially a judge,
[57:34.000 --> 57:38.000]  when they're acting in their official capacity.
[57:38.000 --> 57:41.000]  You can sue them, but they have immunity.
[57:41.000 --> 57:44.000]  They can claim qualified immunity.
[57:44.000 --> 57:47.000]  There is a caveat.
[57:47.000 --> 57:56.000]  When a public official fails to perform a duty they are required to perform,
[57:56.000 --> 57:58.000]  then they're not covered by immunity.
[57:58.000 --> 58:10.000]  So in this case, you have the director of the agency that's supposed to be distributing these funds
[58:10.000 --> 58:15.000]  has failed to perform a duty he or she was required to perform
[58:15.000 --> 58:21.000]  and in the process denied your niece free access to enjoyment of right.
[58:21.000 --> 58:27.000]  That gives you a tort claim against the director of the agency.
[58:27.000 --> 58:34.000]  You see, you live in a republic.
[58:34.000 --> 58:37.000]  This is not a democracy.
[58:37.000 --> 58:38.000]  Right.
[58:38.000 --> 58:41.000]  This is a democratic republic.
[58:41.000 --> 58:46.000]  And as such, all of our public officials are public servants.
[58:46.000 --> 58:51.000]  You as a citizen of the...
[58:51.000 --> 58:55.000]  Would you like to make more definite progress in your walk with God?
[58:55.000 --> 58:58.000]  Bibles for America is offering a free study Bible
[58:58.000 --> 59:02.000]  and a set of free Christian books that can really help.
[59:02.000 --> 59:07.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:07.000 --> 59:12.000]  It's a translation and it contains thousands of footnotes that will help you to know God
[59:12.000 --> 59:14.000]  and to know the meaning of life.
[59:14.000 --> 59:19.000]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:19.000 --> 59:25.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:25.000 --> 59:28.000]  growing in Christ and how to build up the church.
[59:28.000 --> 59:34.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:34.000 --> 59:41.000]  call Bibles for America toll free at 888-551-0102.
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[59:45.000 --> 59:50.000]  Or visit us online at bfa.org.
[59:50.000 --> 01:00:02.000]  Live, free speech radio, logosradionetwork.com.
[01:00:02.000 --> 01:00:06.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:06.000 --> 01:00:09.000]  They guarantee the specific freedoms Americans should know and protect.
[01:00:09.000 --> 01:00:11.000]  Our liberty depends on it.
[01:00:11.000 --> 01:00:14.000]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way
[01:00:14.000 --> 01:00:17.000]  to remember one of your constitutional rights.
[01:00:17.000 --> 01:00:19.000]  Privacy is under attack.
[01:00:19.000 --> 01:00:23.000]  When you give up data about yourself, you'll never get it back again.
[01:00:23.000 --> 01:00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.000 --> 01:00:33.000]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:00:33.000 --> 01:00:35.000]  Privacy, it's worth hanging on to.
[01:00:35.000 --> 01:00:39.000]  This public service announcement is brought to you by Startpage.com,
[01:00:39.000 --> 01:00:43.000]  the private search engine alternative to Google, Yahoo and Bing.
[01:00:43.000 --> 01:00:46.000]  Start over with Startpage.
[01:00:46.000 --> 01:00:49.000]  Imagine your mom and dad are getting ready for bed.
[01:00:49.000 --> 01:00:52.000]  They pull back the covers and find a third party there.
[01:00:52.000 --> 01:00:55.000]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.000 --> 01:00:58.000]  That shocking image of a third party in my parents' bed
[01:00:58.000 --> 01:01:01.000]  reminds me what the Third Amendment was designed to prevent.
[01:01:01.000 --> 01:01:04.000]  It protects us from being forced to share our homes with soldiers,
[01:01:04.000 --> 01:01:07.000]  a common demand in the days of our founding fathers.
[01:01:07.000 --> 01:01:10.000]  Third party? Third Amendment? Get it?
[01:01:10.000 --> 01:01:13.000]  So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:13.000 --> 01:01:17.000]  tell them to dust off their copy of the Bill of Rights and re-read the Third Amendment.
[01:01:17.000 --> 01:01:32.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:32.000 --> 01:01:36.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:36.000 --> 01:01:39.000]  They guarantee it is specific freedoms Americans should know and protect.
[01:01:39.000 --> 01:01:41.000]  Our liberty depends on it.
[01:01:41.000 --> 01:01:44.000]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way
[01:01:44.000 --> 01:01:47.000]  to remember one of your constitutional rights.
[01:02:15.000 --> 01:02:19.000]  Imagine four eyes staring at you through binoculars,
[01:02:19.000 --> 01:02:22.000]  a magnifying glass or a pair of x-ray goggles.
[01:02:22.000 --> 01:02:26.000]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom
[01:02:26.000 --> 01:02:28.000]  from unreasonable search and seizure.
[01:02:28.000 --> 01:02:31.000]  Fourth Amendment? Four eyes staring at you? Get it?
[01:02:31.000 --> 01:02:34.000]  Unfortunately, the government is trampling our Fourth Amendment rights
[01:02:34.000 --> 01:02:36.000]  in the name of security.
[01:02:36.000 --> 01:02:40.000]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:40.000 --> 01:02:43.000]  When government employees demand a peep at your privates without probable cause,
[01:02:43.000 --> 01:02:47.000]  I say it's time to sound the constitutional alarm bells.
[01:02:47.000 --> 01:02:50.000]  Join me in asking our representatives to dust off the Bill of Rights
[01:02:50.000 --> 01:02:54.000]  and use their googly eyes to take a gander at the Fourth.
[01:02:54.000 --> 01:03:14.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:24.000 --> 01:03:26.000]  Thank you very much.
[01:03:54.000 --> 01:04:23.000]  Okay, we are back.
[01:04:23.000 --> 01:04:26.000]  Randy Kelton, Brett.
[01:04:26.000 --> 01:04:28.000]  Take it, Brett. I'm choking here.
[01:04:28.000 --> 01:04:32.000]  Rule of Law Radio. Randy Kelton. I'm Brett Fountain.
[01:04:32.000 --> 01:04:36.000]  And we are talking with Florence in Pennsylvania.
[01:04:36.000 --> 01:04:39.000]  Florence, we went out.
[01:04:39.000 --> 01:04:42.000]  Let's see, where were we? You were describing...
[01:04:42.000 --> 01:04:46.000]  I was diving off the cliff.
[01:04:46.000 --> 01:04:49.000]  Oh, man, are you okay?
[01:04:49.000 --> 01:04:56.000]  I got bit by a brown recluse spider on the back of the head in jail a while back,
[01:04:56.000 --> 01:05:05.000]  and the valve between the gullet, the station tube, doesn't close correctly.
[01:05:05.000 --> 01:05:10.000]  Sometimes I get stuff going down the wrong way.
[01:05:10.000 --> 01:05:17.000]  Besides, I'm getting old.
[01:05:17.000 --> 01:05:22.000]  Okay.
[01:05:22.000 --> 01:05:24.000]  Are we okay?
[01:05:24.000 --> 01:05:28.000]  I'm listening to this, and there's a lot of stuff to do.
[01:05:28.000 --> 01:05:32.000]  Have you listened to our show before?
[01:05:32.000 --> 01:05:34.000]  No.
[01:05:34.000 --> 01:05:39.000]  Oh, my goodness.
[01:05:39.000 --> 01:05:41.000]  Okay, you need to listen to our...
[01:05:41.000 --> 01:05:44.000]  We've got archives. You need to go back and listen to some of the archives.
[01:05:44.000 --> 01:05:50.000]  If you send me an email, I'll send you links to the telegram sites.
[01:05:50.000 --> 01:05:56.000]  We have people recording these shows, and they'll be up by tomorrow,
[01:05:56.000 --> 01:05:59.000]  where you can listen to them.
[01:05:59.000 --> 01:06:06.000]  You'll get an idea of what we do.
[01:06:06.000 --> 01:06:09.000]  Brett, go ahead.
[01:06:09.000 --> 01:06:23.000]  Yeah, the telegram group that he's talking about, you can go to t.me, slash, mask, underscore, law, underscore, society.
[01:06:23.000 --> 01:06:30.000]  T.me, slash, mask, underscore, law, underscore, society.
[01:06:30.000 --> 01:06:32.000]  So that'll link you into...
[01:06:32.000 --> 01:06:37.000]  It'll let you download the telegram app, and you can do it on your phone.
[01:06:37.000 --> 01:06:41.000]  It's kind of like text messages, but it's in a group, and you can scroll way back,
[01:06:41.000 --> 01:06:44.000]  and you can see what other people have been saying, and you can say,
[01:06:44.000 --> 01:06:50.000]  oh, this person over here, Herve, he's got the pretty much same issues that I'm dealing with,
[01:06:50.000 --> 01:06:54.000]  and he's dealt with an angle of it that I think I'm about to need,
[01:06:54.000 --> 01:06:58.000]  and you can look through his stuff and kind of follow through and learn from each other,
[01:06:58.000 --> 01:07:03.000]  make comments on what each other is noticing and learning,
[01:07:03.000 --> 01:07:08.000]  even sharing documents and helping each other to proof the documents and so forth.
[01:07:08.000 --> 01:07:12.000]  So it's a good platform for this kind of thing.
[01:07:12.000 --> 01:07:19.000]  And I'm better now. I did some self-medication.
[01:07:19.000 --> 01:07:21.000]  You went down the wrong too.
[01:07:21.000 --> 01:07:31.000]  Well, I got an alcohol tincture of hops.
[01:07:31.000 --> 01:07:35.000]  Okay. It may be barley. I'm not sure.
[01:07:35.000 --> 01:07:39.000]  It's Mexican, so we're not sure what's in it.
[01:07:39.000 --> 01:07:42.000]  Barley Oats.
[01:07:42.000 --> 01:07:44.000]  Oh, no.
[01:07:44.000 --> 01:07:49.000]  I was doing an alcohol tincture of potato, but that's cheap vodka.
[01:07:49.000 --> 01:07:51.000]  I just didn't get it done.
[01:07:51.000 --> 01:07:54.000]  Okay, okay.
[01:07:54.000 --> 01:07:58.000]  We take these guys on.
[01:07:58.000 --> 01:08:03.000]  Most people when they deal with the public officials feel mistreated
[01:08:03.000 --> 01:08:09.000]  and betrayed by public officials when they don't do what they're supposed to do.
[01:08:09.000 --> 01:08:10.000]  Right.
[01:08:10.000 --> 01:08:16.000]  We go out of our way to get them to not do what they're supposed to do.
[01:08:16.000 --> 01:08:18.000]  Then we get to go in and beat them up.
[01:08:18.000 --> 01:08:21.000]  While you were talking about what the judges were doing,
[01:08:21.000 --> 01:08:28.000]  I was thinking about a case we have in Texas that I haven't found elsewhere,
[01:08:28.000 --> 01:08:36.000]  but it has to be pretty well universal, and it's Walker v. Packer.
[01:08:36.000 --> 01:08:44.000]  What Walker v. Packer says is that a judge has no discretion
[01:08:44.000 --> 01:08:48.000]  in properly applying the law to the facts.
[01:08:48.000 --> 01:08:51.000]  A failure to do so is an abuse of discretion.
[01:08:51.000 --> 01:08:55.000]  Well, if a public official abuses his discretion
[01:08:55.000 --> 01:09:01.000]  and in the process denies you the full and free access to or enjoyment of a right,
[01:09:01.000 --> 01:09:03.000]  well, that's a crime in every state.
[01:09:03.000 --> 01:09:05.000]  Most states call it official misconduct.
[01:09:05.000 --> 01:09:11.000]  Texas calls it official oppression, and it is a Class A misdemeanor,
[01:09:11.000 --> 01:09:14.000]  even if a judge does it.
[01:09:14.000 --> 01:09:20.000]  Have you ever filed criminal charges against a judge?
[01:09:20.000 --> 01:09:22.000]  I have.
[01:09:22.000 --> 01:09:23.000]  You have?
[01:09:23.000 --> 01:09:25.000]  The state, yes.
[01:09:25.000 --> 01:09:27.000]  I'm in love.
[01:09:27.000 --> 01:09:29.000]  Go, girl.
[01:09:29.000 --> 01:09:31.000]  Absolutely.
[01:09:31.000 --> 01:09:36.000]  Have you ever stood in court and said, Mr. Bailiff, did you hear that?
[01:09:36.000 --> 01:09:38.000]  Yes, Mr. Coulson, I did.
[01:09:38.000 --> 01:09:40.000]  Arrest that judge.
[01:09:40.000 --> 01:09:43.000]  That is so much fun.
[01:09:43.000 --> 01:09:45.000]  I actually got closed.
[01:09:45.000 --> 01:09:52.000]  It was a case in Pennsylvania, and I was kind of a little green at the time,
[01:09:52.000 --> 01:09:56.000]  and I disqualified a judge.
[01:09:56.000 --> 01:10:05.000]  I was not aware of the dirty tricks that they play at the time.
[01:10:05.000 --> 01:10:11.000]  The judge took the paperwork that I did and looked at it
[01:10:11.000 --> 01:10:14.000]  and put it underneath his robe and his sleeve,
[01:10:14.000 --> 01:10:19.000]  and then told the judge, told the bailiff that if I say another thing
[01:10:19.000 --> 01:10:23.000]  to have her arrested, I told him, I said,
[01:10:23.000 --> 01:10:26.000]  if you come anywhere near me and you put your hands on me,
[01:10:26.000 --> 01:10:28.000]  you're going to have a problem.
[01:10:28.000 --> 01:10:30.000]  So he looked at me like I was crazy, and I said,
[01:10:30.000 --> 01:10:34.000]  I just gave you a disqualification, and you just put it under your robe.
[01:10:34.000 --> 01:10:40.000]  Then all of a sudden the case got dismissed.
[01:10:40.000 --> 01:10:44.000]  He doesn't like you saying those words on the record.
[01:10:44.000 --> 01:10:48.000]  Yes, they don't. Not at all.
[01:10:48.000 --> 01:10:51.000]  We've got some people, we've got people in Pennsylvania
[01:10:51.000 --> 01:10:55.000]  we're going to want to get you in touch with.
[01:10:55.000 --> 01:11:00.000]  We spend our time looking for people who are willing to stand up to these guys.
[01:11:00.000 --> 01:11:04.000]  We've spent years working out all the stinking,
[01:11:04.000 --> 01:11:09.000]  rotten, low-down dirty tricks we can use against them.
[01:11:09.000 --> 01:11:14.000]  We know the stinking, rotten, low-down dirty tricks they use against us,
[01:11:14.000 --> 01:11:19.000]  but we're pulling out some we can use against them.
[01:11:19.000 --> 01:11:23.000]  Have you bar-grieved any attorneys lately?
[01:11:23.000 --> 01:11:26.000]  Have I did what? I'm sorry?
[01:11:26.000 --> 01:11:30.000]  Have you filed bar grievances against any attorneys lately?
[01:11:30.000 --> 01:11:32.000]  Yes.
[01:11:32.000 --> 01:11:35.000]  Oh, good.
[01:11:35.000 --> 01:11:38.000]  You understand a lot of our tricks.
[01:11:38.000 --> 01:11:42.000]  You can't marry her, Randy. Your wife will get upset about that.
[01:11:42.000 --> 01:11:47.000]  She's ahead of me.
[01:11:47.000 --> 01:11:58.000]  The only time you can effectively sue a public official is when they act outside of scope.
[01:11:58.000 --> 01:12:07.000]  The easiest way to get them outside of scope is to ask them to perform an administrative act.
[01:12:07.000 --> 01:12:10.000]  I went to a judge in South Texas.
[01:12:10.000 --> 01:12:17.000]  I gave him a set of criminal complaints and requested that he issue a set of warrants.
[01:12:17.000 --> 01:12:19.000]  He asked me if I was an attorney.
[01:12:19.000 --> 01:12:23.000]  Oh, no, no. Sleep well at night and keep my hands in my own pockets.
[01:12:23.000 --> 01:12:24.000]  Thank you very much.
[01:12:24.000 --> 01:12:26.000]  Well, maybe talk to an attorney.
[01:12:26.000 --> 01:12:29.000]  No, no, no. I don't waste my time with those shysters.
[01:12:29.000 --> 01:12:32.000]  Well, in that case, I'm not even going to read these complaints.
[01:12:32.000 --> 01:12:36.000]  And he threw them down and stormed out.
[01:12:36.000 --> 01:12:39.000]  Well, Bubba, we'll see how that works out for you.
[01:12:39.000 --> 01:12:45.000]  I took out my cell phone, dial 9-1-1, and asked for somebody to come and arrest him.
[01:12:45.000 --> 01:12:52.000]  I asked him to do something that the law specifically commanded him to do.
[01:12:52.000 --> 01:12:59.000]  It said that when a complaint is forwarded to a magistrate that's complete in accordance with 15.05
[01:12:59.000 --> 01:13:08.000]  and mine were because I know how to write complaints, the judge shall issue a warrant forthwith.
[01:13:08.000 --> 01:13:12.000]  It did not say the judge may, might, or can if he wants to.
[01:13:12.000 --> 01:13:16.000]  It did not say the judge had any discretion in the matter.
[01:13:16.000 --> 01:13:19.000]  It said he shall do this certain thing.
[01:13:19.000 --> 01:13:24.000]  When a public official is commanded to do a certain thing and does not do that certain thing,
[01:13:24.000 --> 01:13:32.000]  that is an administrative act for which they have no immunity.
[01:13:32.000 --> 01:13:39.000]  So you want to set them up and coax them into doing something that will give you a shot at them.
[01:13:39.000 --> 01:13:41.000]  We have some rules.
[01:13:41.000 --> 01:13:51.000]  One of the rules is never ask a public official to do anything that you actually want them to do
[01:13:51.000 --> 01:14:01.000]  because you never ask a public official to do anything that the law does not compel them to do.
[01:14:01.000 --> 01:14:07.000]  So when they fail to do it, boom, you get to land on them like a ton of bricks.
[01:14:07.000 --> 01:14:16.000]  You look like you're in a position to do that, and you have the moxie and the savvy to get that done.
[01:14:16.000 --> 01:14:24.000]  So I just recently did that in a bankruptcy court case.
[01:14:24.000 --> 01:14:26.000]  Who are you?
[01:14:26.000 --> 01:14:35.000]  How can you get along all this time and we don't know about you?
[01:14:35.000 --> 01:14:40.000]  I'm a modern-day underground railroad.
[01:14:40.000 --> 01:14:44.000]  That's what I am.
[01:14:44.000 --> 01:14:50.000]  Okay, then we have some tools for you.
[01:14:50.000 --> 01:14:52.000]  Okay.
[01:14:52.000 --> 01:15:03.000]  In the last foreclosure debacle, I helped about 700 people file federal lawsuits and foreclosure issues.
[01:15:03.000 --> 01:15:10.000]  You can really beat them up, but that is a subject that's too complex for this show.
[01:15:10.000 --> 01:15:18.000]  Send me an email and give me a synopsis of what you're trying to do,
[01:15:18.000 --> 01:15:24.000]  and I will see what tools I've got to send back to you.
[01:15:24.000 --> 01:15:25.000]  Okay.
[01:15:25.000 --> 01:15:29.000]  Has your niece been evicted yet?
[01:15:29.000 --> 01:15:34.000]  No, I was able to stop three attempts so far.
[01:15:34.000 --> 01:15:45.000]  I'm trying to do another one on the 14th, but I was actually at the bankruptcy hearing that I initiated that stayed the first two.
[01:15:45.000 --> 01:15:52.000]  Well, the first one, they kept trying to have us fight in two or three different courts, which is absolutely illegal and unlawful.
[01:15:52.000 --> 01:16:01.000]  Then they dismissed the first bankruptcy because it was not able to file the documents in time.
[01:16:01.000 --> 01:16:13.000]  We rethought the second one again, and I was able to execute quite a few different documents in the papers in the bankruptcy proceeding.
[01:16:13.000 --> 01:16:21.000]  We told the judge what they were doing in the lower court and how they were playing the game,
[01:16:21.000 --> 01:16:27.000]  and that she was approved for the program, and they were supposed to say the proceeding.
[01:16:27.000 --> 01:16:33.000]  The judge wound up telling on herself that she had pre-discussion with the attorney
[01:16:33.000 --> 01:16:41.000]  in reference to what was going on about the office of the clerk altering, you know,
[01:16:41.000 --> 01:16:47.000]  refusing to file her document after it was stamped.
[01:16:47.000 --> 01:16:54.000]  She did that, and she claimed to have the hearing stayed and whatever.
[01:16:54.000 --> 01:17:00.000]  The last hearing was on August the 19th.
[01:17:24.000 --> 01:17:29.000]  The first hearing was on August the 19th.
[01:17:29.000 --> 01:17:35.000]  The second hearing was on August the 21st.
[01:17:35.000 --> 01:17:41.000]  The third hearing was on August the 21st.
[01:17:41.000 --> 01:17:47.000]  The fourth hearing was on August the 21st.
[01:17:47.000 --> 01:17:57.320]  email michaelmiras at yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:17:57.320 --> 01:18:02.920]  to learn how to stop debt collectors now. I love logos. Without the shows on this network,
[01:18:02.920 --> 01:18:06.880]  I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's
[01:18:06.880 --> 01:18:12.120]  no going back. I need my truth fix. I'd be lost without logos, and I really want to help
[01:18:12.120 --> 01:18:15.660]  keep this network on the air. I'd love to volunteer as a show producer, but I'm a bit
[01:18:15.660 --> 01:18:20.680]  of a Luddite, and I really don't have any money to give because I spent it all on supplements.
[01:18:20.680 --> 01:18:26.280]  How can I help logos? Well, I'm glad you asked. Whenever you order anything from Amazon, you
[01:18:26.280 --> 01:18:30.640]  can help logos. When ordering your supplies or holiday gifts, the first thing you do is
[01:18:30.640 --> 01:18:37.760]  clear your cookies. Now, go to logosradio.network.com. Click on the Amazon logo and bookmark it.
[01:18:37.760 --> 01:18:43.760]  Now, when you order anything from Amazon, you use that link, and logos gets a few pesos.
[01:18:43.760 --> 01:18:48.880]  Do I pay extra? No. Do I have to do anything different when I order? No. Can I use my Amazon
[01:18:48.880 --> 01:18:54.680]  Prime? No. I mean, yes. Wow. Giving without doing anything or spending any money. This
[01:18:54.680 --> 01:19:18.040]  is perfect. Thank you so much. We are welcome. Happy holidays, Logos. This is the Logos Radio
[01:19:18.040 --> 01:19:47.240]  Show. Wait a minute. She's gone. We lost Florence over the break. Florence, if you can hear
[01:19:47.240 --> 01:19:53.160]  us, call back in. Oh, my goodness. Maybe she didn't realize what happened when the sponsor
[01:19:53.160 --> 01:19:59.560]  music cut in there. Maybe she didn't realize. Yeah, maybe we will. Maybe she'll call back
[01:19:59.560 --> 01:20:09.600]  in. Okay. Well, in that case, we will go to Grace in Texas. Hello, Ms. Grace. Well, sort
[01:20:09.600 --> 01:20:15.680]  of. It's Wayne's phone that Grace uses, so it's Wayne tonight. Oh, I was going to say
[01:20:15.680 --> 01:20:23.040]  Grace, there's something wrong with your voice. Yeah, it's nothing steroids can't fix, right?
[01:20:23.040 --> 01:20:29.720]  Hey. Right. So, I want to call for something, but just kind of let you guys know. The reason
[01:20:29.720 --> 01:20:35.080]  why the confusion there is we inherited Grace on the 3rd of July when she showed up at two
[01:20:35.080 --> 01:20:44.200]  o'clock in the morning. And she's here. I'll have her. She's got a question for you. Hey.
[01:20:44.200 --> 01:20:51.000]  But I have a couple questions. So, I kind of pivoted from what I was working on once
[01:20:51.000 --> 01:20:55.000]  Grace showed up, and we started working together trying to help her stabilize her family and
[01:20:55.000 --> 01:21:02.600]  all. So, I'm going to go back to working on what I was working on before, which was, well,
[01:21:02.600 --> 01:21:09.920]  I got an EEO, and I got two things. I got an EEO with a government agency, which has
[01:21:09.920 --> 01:21:18.520]  been basically they kicked it to the federal district court if I want to take it there.
[01:21:18.520 --> 01:21:29.520]  Okay. For the benefit of our listeners, avoid the acronyms. I take it EEO means equal employment
[01:21:29.520 --> 01:21:46.520]  opportunity. Yeah. Yes, that is correct. That's where race, religion, age, some sort of protective
[01:21:46.520 --> 01:21:54.520]  class has been discriminated against. And you fall into that category. For me, it was
[01:21:54.520 --> 01:21:59.200]  when they tried to put that one inch of steel in my arm, and I said, nope, you're not going
[01:21:59.200 --> 01:22:05.240]  to inject that stuff in me. And then they asked me to put a mask on my face and my face
[01:22:05.240 --> 01:22:09.520]  broke out. I said, nope, you're not going to put that on my face. And then when they
[01:22:09.520 --> 01:22:13.920]  shoved something up my nose, I kind of had a reaction with that too. So, I said, nope,
[01:22:13.920 --> 01:22:23.760]  you're not going to do that either. So, anyhow, we've been through the process I have. And
[01:22:23.760 --> 01:22:32.360]  I pushed it through the EEO, just equal employment opportunity process. And now it's the point
[01:22:32.360 --> 01:22:36.840]  where I can, I kept kicking it back to them because I was just buying time to try to figure
[01:22:36.840 --> 01:22:43.680]  out how to handle this. And now it's at a point where I'm past my 60 days, I have up
[01:22:43.680 --> 01:22:51.920]  to 90 days to file suit in the court of law. And I was thinking about using a, seeing if
[01:22:51.920 --> 01:22:59.480]  a declaratory, a petition for a declaratory suit would work. Because they kept even with
[01:22:59.480 --> 01:23:10.320]  my claim, with my, when I was following the formal process for the EEO suit, they said
[01:23:10.320 --> 01:23:15.440]  I wasn't stating a claim, which drove me absolutely nuts.
[01:23:15.440 --> 01:23:23.240]  What was the nature of the claim and what were the elements of the claim?
[01:23:23.240 --> 01:23:27.040]  Well, the honest, honest truth at the time, I thought they were going to fire me and I
[01:23:27.040 --> 01:23:31.240]  was on my way out the door. So, I know that you start the suit before you get removed
[01:23:31.240 --> 01:23:34.920]  for religious reasons. That was the thing. But they haven't, they totally started backing
[01:23:34.920 --> 01:23:40.920]  off. But I kept the claim rolling in the event that they would push me out the door.
[01:23:40.920 --> 01:23:46.120]  What's the nature of the claim?
[01:23:46.120 --> 01:23:55.200]  Well, the nature of the claim, I'm asking this question because of your reference to
[01:23:55.200 --> 01:23:59.600]  the failure to state a claim assertion.
[01:23:59.600 --> 01:24:08.480]  When you reference a certain kind of claim, then it's going to have certain aspects that
[01:24:08.480 --> 01:24:13.000]  you have to touch each one of them and hold essential elements. And if you miss one, then
[01:24:13.000 --> 01:24:18.040]  they get to say, oh, he didn't state a claim. So, that's what Randy's trying to figure
[01:24:18.040 --> 01:24:19.040]  out.
[01:24:19.040 --> 01:24:25.760]  Right. The elements were, first of all, they gave me a...
[01:24:25.760 --> 01:24:28.760]  What was the claim first?
[01:24:28.760 --> 01:24:38.440]  Forced to use AUA with emergency use authorized products. That was the claim. I was, I wasn't
[01:24:38.440 --> 01:24:45.120]  given full disclosure of an experimental product that I was putting on my body and in my body
[01:24:45.120 --> 01:24:53.240]  that made me ill for one thing. But according to the law, when you are using an experimental
[01:24:53.240 --> 01:24:57.440]  product, you have the right to refusal. According to the law.
[01:24:57.440 --> 01:25:02.880]  Okay. Hold on. Hold on. I'm being somewhat pedantic here. But if we're going into court
[01:25:02.880 --> 01:25:10.280]  and we're trying to adjudicate an issue, we have to get things together. First thing you
[01:25:10.280 --> 01:25:16.560]  have to have is a claim. Now, you're talking about a claim and you're giving me elements
[01:25:16.560 --> 01:25:22.760]  that would go to a claim, but you haven't told me what the claim is. What claim supported
[01:25:22.760 --> 01:25:31.360]  by law are you standing on to go to these issues?
[01:25:31.360 --> 01:25:33.800]  Or are you trying to figure out what that is?
[01:25:33.800 --> 01:25:38.480]  No. Actually, what happened was I knew what the claim would be. I was assuming I would
[01:25:38.480 --> 01:25:43.200]  be fired by then. Because then if the damage is you've been removed, you've been fired
[01:25:43.200 --> 01:25:48.880]  because of your belief, that's easy. And that's where I thought it was going. But they saw
[01:25:48.880 --> 01:25:55.000]  where it was going and they stopped it. Right? They stopped. So I don't have...
[01:25:55.000 --> 01:26:11.040]  Okay. If they have ordered you to endure medical procedures at the threat of some harm to you,
[01:26:11.040 --> 01:26:16.880]  is that the case?
[01:26:16.880 --> 01:26:22.720]  They even were really wishy-washy about that. Possible resulting...
[01:26:22.720 --> 01:26:30.520]  No, no, no. It doesn't matter what they are. What matters is what they've done that you
[01:26:30.520 --> 01:26:42.760]  object to and what harm that caused you. Do you have any of O'Connor's litigation guides?
[01:26:42.760 --> 01:26:48.880]  I can go to the library here in Waspahatchee and get a hold of it.
[01:26:48.880 --> 01:26:56.400]  Just go online. You can get them for 10, 15 bucks off eBay. You need O'Connor's civil
[01:26:56.400 --> 01:27:09.120]  trials. There's two. You need O'Connor's civil trials and you need Texas causes of action.
[01:27:09.120 --> 01:27:13.360]  If you're going to stay in the state, if you're going to go in the feds, then you get the
[01:27:13.360 --> 01:27:21.080]  civil trials for fed and causes of action for fed. Take your facts set and go down the
[01:27:21.080 --> 01:27:29.360]  list in O'Connor's causes of action, the first page. You open the cover and on the back side
[01:27:29.360 --> 01:27:34.480]  of the cover, it'll list all the causes of action. You go down those causes of action
[01:27:34.480 --> 01:27:40.080]  and you will find probably several that fit your issue.
[01:27:40.080 --> 01:27:44.520]  Right. Then look at those causes of action. Go to
[01:27:44.520 --> 01:27:53.200]  them and look at all of the elements of the cause of action. The only thing you need to
[01:27:53.200 --> 01:27:58.720]  prove are those elements. You can prove all you want that don't go to those elements and
[01:27:58.720 --> 01:28:04.320]  you're wasting everybody's time. The first thing you should do is know what your claim
[01:28:04.320 --> 01:28:12.400]  is. Know what the elements of your claim is and develop those elements. Everything else
[01:28:12.400 --> 01:28:25.080]  is just fluff. The best way to know exactly what you should prove is to find your claim,
[01:28:25.080 --> 01:28:30.400]  your cause of action, either it rings in a cause of action or it rings in tort, whichever
[01:28:30.400 --> 01:28:39.680]  one it is, and then look up the pattern jury charge for that claim. The pattern jury charge
[01:28:39.680 --> 01:28:46.760]  is the last thing the judge will say to the jury before they go to deliberation. It doesn't
[01:28:46.760 --> 01:28:52.480]  matter if you want to have a jury or not. The judge will tell the jury what you must
[01:28:52.480 --> 01:28:59.800]  find. You must find this element, this element, this element, this element. If you don't find
[01:28:59.800 --> 01:29:05.320]  all of those elements, that they have been proven to your satisfaction, then you must
[01:29:05.320 --> 01:29:11.920]  rule against them. You need to know what that is. You need to know specifically what your
[01:29:11.920 --> 01:29:18.760]  claim is. Otherwise, you're just kind of running around like a chicken with your head cut off.
[01:29:18.760 --> 01:29:26.160]  It was the reason I asked that question because you weren't speaking to a specific issue.
[01:29:26.160 --> 01:29:30.880]  You were kind of just generally telling me what's wrong. That's not helpful if you don't
[01:29:30.880 --> 01:29:34.120]  know where you're going. Okay, go ahead.
[01:29:34.120 --> 01:29:42.040]  What I was getting at is, as I worked this up the first time, basically I worked it up
[01:29:42.040 --> 01:29:46.920]  and I've been, like I said, I pushed this off the side. When Grace came along, we've
[01:29:46.920 --> 01:29:52.640]  been focusing on different types of law. I'm going back to this. I remember the one flaw
[01:29:52.640 --> 01:29:57.200]  I saw in my case, and that was there was no injury. If there's no injury, you can't really
[01:29:57.200 --> 01:30:02.280] ... I mean, it was more of a tort because I had a...
[01:30:02.280 --> 01:30:07.600]  Sorry, soft drink lovers. Even diet drinks can make you fat. A new study shows that diet
[01:30:07.600 --> 01:30:12.400]  soda drinkers gain much more weight than people who avoid the stuff. I'm Dr. Catherine Albrecht,
[01:30:12.400 --> 01:30:17.080]  and I'll be back in a moment with a scoop on supposedly skinny sodas.
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[01:30:21.600 --> 01:30:27.920]  back again. Once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.920 --> 01:30:32.960]  Protect your rights. Say no to surveillance, and keep your information to yourself. Privacy,
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[01:30:46.560 --> 01:30:51.600]  Artificial sweeteners cut the calories and help you lose weight, right? Wrong. Researchers
[01:30:51.600 --> 01:30:56.600]  at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade. They found
[01:30:56.600 --> 01:31:01.640]  that regularly drinking diet soda expanded people's waistlines five times more than no
[01:31:01.640 --> 01:31:05.200]  soda at all. The study's authors say artificial sweeteners
[01:31:05.200 --> 01:31:10.320]  trigger the appetite, but unlike regular sugars, don't deliver anything to squelch it. Waking
[01:31:10.320 --> 01:31:15.560]  up hunger without satisfying it leads to cravings, which can result in a larger overall calorie
[01:31:15.560 --> 01:31:19.920]  intake. So, use natural sweeteners to maintain a healthy weight, and if you need to shed
[01:31:19.920 --> 01:31:25.400]  some pounds, avoid the sweet stuff altogether and drink water instead. I'm Dr. Catherine
[01:31:25.400 --> 01:31:33.840]  Albrecht. More news and information at CatherineAlbrecht.com. This is Building 7, a 47-story skyscraper
[01:31:33.840 --> 01:31:38.520]  that fell on the afternoon of September 11. The government says that fire brought it down.
[01:31:38.520 --> 01:31:43.240]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.240 --> 01:31:47.360]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:47.360 --> 01:31:51.280]  first responders are dying. I'm not a conspiracy theorist. I'm a structural engineer. I'm a
[01:31:51.280 --> 01:31:54.960]  New York City correctional officer. I'm an Air Force pilot. I'm a father who lost his
[01:31:54.960 --> 01:32:00.440]  son. We're Americans, and we deserve the truth. Go to RememberBuilding7.org today.
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[01:32:59.600 --> 01:33:06.600]  Looking for some truth? You found it. LogosRadioNetwork.com.
[01:33:29.600 --> 01:33:45.400]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to...
[01:33:45.400 --> 01:33:47.440]  Wait a minute, what was your name? You're not Grace.
[01:33:47.440 --> 01:33:49.440]  Wayne. I'm Wayne.
[01:33:49.440 --> 01:33:55.440]  Wayne. Okay, Wayne. Okay. You were... You dove off the cliff.
[01:33:55.440 --> 01:34:00.440]  It only hurts when you stop, right? Okay.
[01:34:00.440 --> 01:34:08.440]  So, yeah, I put it in the database. Now it says Wayne or Grace for the next time.
[01:34:08.440 --> 01:34:18.280]  Okay. You could have put Graceless Wayne. Oh, well. Anyway, Wayne, when we went out,
[01:34:18.280 --> 01:34:23.680]  you were telling us about the case that you were... The claim you were looking at and
[01:34:23.680 --> 01:34:30.040]  you were wondering, how are you going to find an injury? Well, I don't know exactly what
[01:34:30.040 --> 01:34:35.040]  you mean about injury. I'm sorry, dude.
[01:34:35.040 --> 01:34:40.320]  You don't... You don't necessarily... The reason we were concerned is you don't necessarily
[01:34:40.320 --> 01:34:45.680]  have to have an injury, depending on the nature of the claim.
[01:34:45.680 --> 01:34:50.840]  Right. Did you have a... A due process violation does
[01:34:50.840 --> 01:35:01.400]  not require an injury. It's harm per se, and there are others that are harm per se. So
[01:35:01.400 --> 01:35:03.840]  go ahead with what the issue was.
[01:35:03.840 --> 01:35:12.280]  Actually, what I'm trying to protect is a true tort. I had a reaction where my face...
[01:35:12.280 --> 01:35:17.640]  I got sunburn inside. It was really kind of weird. I don't even... I mean, it's just weird.
[01:35:17.640 --> 01:35:22.200]  And when I went down to the employee health, they said, well, this might be related to
[01:35:22.200 --> 01:35:26.880]  work. They said the same about the rash. It might be related to work. They didn't say
[01:35:26.880 --> 01:35:28.280]  no. They said it might be.
[01:35:28.280 --> 01:35:32.720]  Was it only under the mask?
[01:35:32.720 --> 01:35:37.480]  One part of it was that when the facial reaction was under the mask, but when my whole head,
[01:35:37.480 --> 01:35:41.240]  neck, and the back of my hands turned red, nope, that wasn't under the mask. That was
[01:35:41.240 --> 01:35:43.240]  under everything.
[01:35:43.240 --> 01:35:50.760]  Was that caused by something else, or was only the mask involved at the time?
[01:35:50.760 --> 01:35:58.080]  Well, before that happened, okay, I... There is... How can I say it?
[01:35:58.080 --> 01:36:01.680]  Okay. Let me explain. I'm looking for proximate cause.
[01:36:01.680 --> 01:36:07.520]  Yes, I know. And I'm trying to give you information, and it's kind of complex, and it's kind of
[01:36:07.520 --> 01:36:14.280]  unique. So, yes, there was proximal cause. In other words, I had been up on this certain
[01:36:14.280 --> 01:36:20.560]  floor which had telecommunications equipment on the roof for years. I'd been up on that
[01:36:20.560 --> 01:36:27.600]  floor for years. And then after I got the swab, I got the red face in the back of my
[01:36:27.600 --> 01:36:34.520]  hands from being in that environment and no longer could tolerate the low level non-ionized
[01:36:34.520 --> 01:36:41.880]  radiation that is kicked off by communications equipment. I know that because I have a radio
[01:36:41.880 --> 01:36:47.000]  frequency measurement device. I brought it into work, and it was fairly high, but everyone
[01:36:47.000 --> 01:36:49.560]  else was tolerating it.
[01:36:49.560 --> 01:36:54.400]  What does non-ionized radiation mean?
[01:36:54.400 --> 01:37:01.080]  That means like a cell tower telecommunications equipment. You know how they put it on top
[01:37:01.080 --> 01:37:02.080]  of buildings and stuff?
[01:37:02.080 --> 01:37:09.400]  Yeah. I'm talking about non-ionized radiation. I'm an electrical engineer, and I recognize
[01:37:09.400 --> 01:37:21.040]  all those words, but not in that particular structure. What is a non-ionized radiation?
[01:37:21.040 --> 01:37:28.520]  Like a repeater device to move telecommunications further down range, right? Multidirectional.
[01:37:28.520 --> 01:37:34.440]  Like the antennas that have an up antenna and a north, south, east, west antenna, and
[01:37:34.440 --> 01:37:39.240]  they're fairly long. Like a repeater.
[01:37:39.240 --> 01:37:46.640]  Okay. Never mind. This is not really that important. Okay. Go ahead.
[01:37:46.640 --> 01:37:52.400]  So anyhow, I don't tolerate in that environment. They had to move. I mean, I got cooked. I
[01:37:52.400 --> 01:37:58.120]  was getting burns on the tops of my ears and everything, and I would go to work, get cooked,
[01:37:58.120 --> 01:38:03.640]  and then eventually I figured it out that, hey, maybe I'm getting cooked at work.
[01:38:03.640 --> 01:38:09.360]  So it's in close proximity to both... I started having problems with my health after I got
[01:38:09.360 --> 01:38:19.440]  the mask, and again, when I got swabbed. So yeah. So that's the tort that I want to preserve.
[01:38:19.440 --> 01:38:35.040]  And I was wanting to use a declaratory suit for the... We just talked about it. For the
[01:38:35.040 --> 01:38:40.720]  right to refuse using the emergency use authorization, in other words, bring a suit, a declaratory
[01:38:40.720 --> 01:38:46.800]  suit, so I can get discovery so that I can walk right into the tort. Because it's...
[01:38:46.800 --> 01:38:55.440]  They're two different... In order to get to a declaratory judgment suit,
[01:38:55.440 --> 01:39:06.220]  you need something... You need facts and law, law and facts as they relate to that law,
[01:39:06.220 --> 01:39:14.040]  to establish a claim. And then you can ask the court for a declaratory judgment stating
[01:39:14.040 --> 01:39:24.760]  that there is evidence to indicate that the swab causes physiological changes that can
[01:39:24.760 --> 01:39:33.080]  somehow be related to sensitivity to non-ionized radiation. Do you have any science to support
[01:39:33.080 --> 01:39:40.440]  that? I do not. But remember, EUA product by definition
[01:39:40.440 --> 01:39:47.680]  is got unknowns, and you're supposed to receive full disclosure before you do that, and there
[01:39:47.680 --> 01:39:52.880]  was no full disclosure. And they're saying it's perfectly safe, but yet when I looked
[01:39:52.880 --> 01:40:01.160]  up the MSDS, which is the safety data sheet, it had cyanide in it, and it was... That sounds
[01:40:01.160 --> 01:40:06.280]  weird. And it was sterilized with gamma radiation. So my answer to that is yes. There's something
[01:40:06.280 --> 01:40:12.440]  in there that... Sterilization with gamma radiation has been
[01:40:12.440 --> 01:40:20.600]  around a very long time. And as far as I know, there is no evidence that gamma radiation
[01:40:20.600 --> 01:40:30.440]  leaves any kind of residue. And as long as you're not involved in the sterilization process,
[01:40:30.440 --> 01:40:36.680]  you're going to have a hard time bringing a claim or a cause of action based on use
[01:40:36.680 --> 01:40:42.680]  of gamma radiation to sterilize something that was not sterilized in your presence.
[01:40:42.680 --> 01:40:51.760]  Okay. What I'm looking for is we have to be able to make a claim and show that what was
[01:40:51.760 --> 01:41:02.120]  done can reasonably be construed as a proximate cause of your injury. Is there any evidence
[01:41:02.120 --> 01:41:15.720]  that the swab, whatever is in there, can cause sensitivities to environmental factors that
[01:41:15.720 --> 01:41:24.160]  you were not previously sensitive to? Okay. So the question... Okay. So...
[01:41:24.160 --> 01:41:30.560]  That was a question. So here's a question. I can't quite answer
[01:41:30.560 --> 01:41:36.800]  that because the EUA would require that before I even use this thing, I be told what's in
[01:41:36.800 --> 01:41:43.600]  it, and they don't even know what's in it. Yeah. I understand that. But in order to bring
[01:41:43.600 --> 01:41:50.840]  a claim in court, you're going to have to show that there... You're going to have to
[01:41:50.840 --> 01:41:59.520]  meet the reasonable person of ordinary prudent standard. Is there something else that could
[01:41:59.520 --> 01:42:08.160]  have caused you to become sensitive to this gamma rate, to this radiation?
[01:42:08.160 --> 01:42:19.600]  Well, it depends. I mean, for instance, this is a bad example, but if I hand you a Snickers
[01:42:19.600 --> 01:42:24.680]  bar, and I tell you that's the most dangerous thing in the world for certain people, you'd
[01:42:24.680 --> 01:42:28.560]  say, Wayne, you're nuts. And I'd say, well, if you're a diabetic, in your sense, the high
[01:42:28.560 --> 01:42:35.640]  glucose is like putting a gun in the person's hand. So to argue that, I mean...
[01:42:35.640 --> 01:42:46.960]  So if you hand someone a protein bar that has no sugar in it, and no sugar, not natural
[01:42:46.960 --> 01:42:54.760]  sugar or unnatural sugar, and you hand them a Snickers bar and tell them this is a protein
[01:42:54.760 --> 01:43:01.400]  bar that has no sugar in it, now you've given them a claim. But if you hand them a Snickers
[01:43:01.400 --> 01:43:12.000]  bar, and it obviously has sugar in it, you don't have a claim. You see where I'm going?
[01:43:12.000 --> 01:43:20.040]  So let me see if I got this right. Yeah, I do. So the combination of what's in a mask
[01:43:20.040 --> 01:43:25.280]  and what's in the swab, if it's unknown and they're not going to disclose to us what's
[01:43:25.280 --> 01:43:27.920]  in that, we don't have a claim.
[01:43:27.920 --> 01:43:34.240]  Right. You have to be able to establish a proximate cause.
[01:43:34.240 --> 01:43:38.200]  Well, the problem was I was up on that ninth floor for all those years, and the minute
[01:43:38.200 --> 01:43:43.000]  you jabbed the swab up my nose and shoved a map down my face, then they get sunburnt.
[01:43:43.000 --> 01:43:47.520]  Is there anything else that could possibly have caused that?
[01:43:47.520 --> 01:43:49.520]  I wasn't even near the window. No.
[01:43:49.520 --> 01:43:54.960]  No, no. Or I'm saying, is there anything else in your environment or your physiology? Hang
[01:43:54.960 --> 01:44:00.760]  on. We're going to our sponsors, and we'll be right back.
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[01:46:00.640 --> 01:46:11.640]  Well, you know karma is lurking around the corner. You better watch your step-by-step
[01:46:11.640 --> 01:46:34.640]  course that will show you how in 24 hours, step-by-step. If you don't have a lawyer,
[01:46:34.640 --> 01:46:49.640]  know what your lawyer should be doing. If you don't have a lawyer, know what you should
[01:46:49.640 --> 01:46:50.640]  do for yourself.
[01:46:50.640 --> 01:47:04.640]  And we're talking to Graceful Rain in Texas, and there's something you're missing. You
[01:47:04.640 --> 01:47:11.640]  can't just go into court and make a claim, and you certainly can't make a claim based
[01:47:11.640 --> 01:47:24.200]  on supposition. You need something hard. You need some evidence that this swab causes some
[01:47:24.200 --> 01:47:31.280]  type of physiological change. It doesn't have to be the exact change that occurred in your
[01:47:31.280 --> 01:47:38.760]  instance, but you have to be able to show that the swab actually does cause harm.
[01:47:38.760 --> 01:47:46.640]  So if there was in the SDS something that said not routinely for internal use, would
[01:47:46.640 --> 01:47:48.320]  that be enough?
[01:47:48.320 --> 01:47:59.120]  Not good enough. Just saying something's not routinely indicated for internal use doesn't
[01:47:59.120 --> 01:48:07.200]  mean it causes a problem. You have to show some causal connection between your condition
[01:48:07.200 --> 01:48:16.240]  and the swab. Because the lawyers on the other side are going to say, well, there are a number
[01:48:16.240 --> 01:48:22.280]  of other things that could have caused this. What things are there? You know of anything
[01:48:22.280 --> 01:48:33.040]  that will cause skin sensitivity to radiation that wasn't there before?
[01:48:33.040 --> 01:48:37.800]  Or maybe there's more radiation that wasn't there because the next door building that
[01:48:37.800 --> 01:48:43.920]  has nine floors in it or more has set up some sort of a microwave link, and they had it
[01:48:43.920 --> 01:48:49.800]  pointed in the wrong direction. Who knows?
[01:48:49.800 --> 01:48:57.520]  In order to make a claim, you have to address all these issues. The very first and foremost
[01:48:57.520 --> 01:49:10.200]  is you have to demonstrate a causal link between your injury and the alleged source of the
[01:49:10.200 --> 01:49:18.200]  injury. Supposition is just not enough.
[01:49:18.200 --> 01:49:26.640]  So here's my next question. So when I brought my little, what would it be considered? A
[01:49:26.640 --> 01:49:35.840]  not commercial, but residential use, private use device for electric currents or whatever.
[01:49:35.840 --> 01:49:44.520]  It was probably about, I don't know, 20 times normal level first exposure. I mean, but it's
[01:49:44.520 --> 01:49:49.560]  not a commercial device. It's not calibrated against.
[01:49:49.560 --> 01:49:55.000]  That's good enough. That's good enough to give us, if the other side objects to it,
[01:49:55.000 --> 01:50:00.280]  then go out there and do your own test. So you're saying, are you saying there was more
[01:50:00.280 --> 01:50:01.280]  radiation?
[01:50:01.280 --> 01:50:08.760]  Then say according to OSHA, yes, by a factor of 10 or more.
[01:50:08.760 --> 01:50:11.840]  What did the swab have to do with the increased radiation?
[01:50:11.840 --> 01:50:15.800]  Well, maybe it doesn't. Maybe that's where I need to...
[01:50:15.800 --> 01:50:24.240]  You can't do maybe. You have to do specific. To imply that because they use that swab in
[01:50:24.240 --> 01:50:29.400]  your nose, that the radiation on the roof increased, that's not going to get you there.
[01:50:29.400 --> 01:50:36.800]  There needs to be some causal link between the two. And frankly, I can't imagine one.
[01:50:36.800 --> 01:50:43.800]  Is there anything else that could have caused your issue?
[01:50:43.800 --> 01:50:50.040]  Not likely. I just know that those three things occurred at the same time and suddenly it
[01:50:50.040 --> 01:50:54.640]  came to the point where they were from the night.
[01:50:54.640 --> 01:51:01.320]  That can very easily be coincidental. Somebody may have put up another antenna, like a radio
[01:51:01.320 --> 01:51:10.280]  station put up a 150,000 watt transmitter. That probably will burn you if you're close
[01:51:10.280 --> 01:51:11.280]  to it.
[01:51:11.280 --> 01:51:12.280]  Right.
[01:51:12.280 --> 01:51:20.560]  I'm transmitting watt up there. I'm trained as an electrical engineer and I'm trying to
[01:51:20.560 --> 01:51:29.560]  imagine what could increase my sensitivity to electromagnetic radiation. I worked on
[01:51:29.560 --> 01:51:34.720]  fighter jets in the military and for Phantoms, if they've got the radar on and you walk in
[01:51:34.720 --> 01:51:43.760]  front of it, you'll be sterile. We had a guy walk in front of one with lamps for their
[01:51:43.760 --> 01:51:56.880]  video, their gun camera in his pockets and the radar set off the flash bulbs for the
[01:51:56.880 --> 01:52:03.080]  camera. It's so powerful. That one would burn you if you spent some time in front of it.
[01:52:03.080 --> 01:52:11.920]  It took a really powerful transmitter to do that. I don't know of anything else, electromagnetic
[01:52:11.920 --> 01:52:16.720]  radiation in your eyes, that would make you more sensitive to it.
[01:52:16.720 --> 01:52:22.320]  Maybe some new cleaning products that the cleaning crew started using a different thing
[01:52:22.320 --> 01:52:25.520]  that could make somebody's immune system go lower or something?
[01:52:25.520 --> 01:52:33.000]  That doesn't go to the immune. That will probably go to the coloring in your skin. They stick
[01:52:33.000 --> 01:52:43.000]  this swab up your nose and it has these... Does this have any of that RNA in it, the products
[01:52:43.000 --> 01:52:50.960]  that will affect your genome? All I know is this. I don't know. I don't
[01:52:50.960 --> 01:52:55.920]  have the answer to that, but I can tell you that the exact symptoms I experienced immediately
[01:52:55.920 --> 01:52:59.800]  when I put the swab up my nose were the same thing that would happen if someone was exposed
[01:52:59.800 --> 01:53:03.960]  to rat poisoning and they had thiocyanide within that.
[01:53:03.960 --> 01:53:14.320]  Oh, that'll work. How much cyanide were you exposed to at the swab?
[01:53:14.320 --> 01:53:18.680]  I don't know. It didn't affect other people. The other people would get... It burns your
[01:53:18.680 --> 01:53:24.280]  nose for sure. Everyone would have complained about that, but most everyone... Cyanide
[01:53:24.280 --> 01:53:30.040]  poisoning, headaches, you can get... I can't even remember what I had. I got nosebleeds
[01:53:30.040 --> 01:53:36.560]  for sure, but it's stuff like that where you just felt like garbage for a couple of days
[01:53:36.560 --> 01:53:41.840]  and then... That's enough. That's causal. That you can
[01:53:41.840 --> 01:53:51.880]  show a direct causal link and anything that would give you headaches for days can certainly
[01:53:51.880 --> 01:54:04.440]  have some long range issues, but the point we're trying to make is you have to make that
[01:54:04.440 --> 01:54:16.200]  causal link. You don't have to prove it all up. You just have to make a reasonable claim,
[01:54:16.200 --> 01:54:22.160]  a claim that a reasonable person of ordinary prudence can look at and find merit in it.
[01:54:22.160 --> 01:54:29.000]  Otherwise, they'll dismiss it for a failure to state a claim.
[01:54:29.000 --> 01:54:34.000]  I didn't really focus on the microwave radiation before, but I need to bring that in then,
[01:54:34.000 --> 01:54:39.040]  but if I didn't put that in the original... When I'm thinking, if this stuff made you sick
[01:54:39.040 --> 01:54:48.080]  for a few days, could it affect the myelin in your skin? That's the stuff that darkens
[01:54:48.080 --> 01:54:56.000]  your skin. Could it have lightened up your skin so that you're less resistant to electromagnetic
[01:54:56.000 --> 01:55:03.440]  radiation? Everybody's resistant to electromagnetic radiation. Heck, we evolved in an electromagnetic
[01:55:03.440 --> 01:55:17.680]  soup. We have much more EMF coming in from the universe than we're generating. Quasars,
[01:55:17.680 --> 01:55:25.440]  all kinds of objects out there produce incredible amounts of radiation of all different types.
[01:55:25.440 --> 01:55:32.480]  We evolved in a soup of that stuff. I have one particular person who's especially allergic
[01:55:32.480 --> 01:55:40.080]  or sensitive to EMF. You might want to send me an email and I'll send it to him. He was
[01:55:40.080 --> 01:55:49.920]  a jail guard and they put high-power electric lines right over his station. He had to retire.
[01:55:49.920 --> 01:55:57.600]  It affected him really badly. He was the only guy there that it affected. He was able to
[01:55:57.600 --> 01:56:03.680]  show that causal link because he's not the only one. He has done a tremendous amount
[01:56:03.680 --> 01:56:11.000]  of research in this area. He will be a real good resource for you. What you bring does
[01:56:11.000 --> 01:56:21.320]  not have to be necessarily be proved. What keeps you in court is what your claim is.
[01:56:21.320 --> 01:56:32.080]  If all of the facts in your claim taken as true, not prima facie but as true, would give
[01:56:32.080 --> 01:56:40.240]  you a claim then you have enough to stay in the door. Just a supposition of a link will
[01:56:40.240 --> 01:56:50.240]  not be enough. This guy, his email is free text. If you'll send me an email, I'll get
[01:56:50.240 --> 01:56:57.120]  you in contact with him. He lives down near a Houston area. He is the most knowledgeable
[01:56:57.120 --> 01:57:03.640]  on EMF that I've ever come across. He knows everything. He will get you a claim that will
[01:57:03.640 --> 01:57:15.800]  stick. What you want to do is say, the science says this. The products in this swab that
[01:57:15.800 --> 01:57:21.400]  were in there that they didn't reveal to us are known to have these effects. Do you have
[01:57:21.400 --> 01:57:32.520]  a condensed chemical dictionary? See if you can find one. They're great. That's specific
[01:57:32.520 --> 01:57:39.640]  to the chemical industry. Do you have a safety data sheet on all the products that are on
[01:57:39.640 --> 01:57:50.360]  the swab? Not all. There's always the trade secrets, right? No, there has to be safety
[01:57:50.360 --> 01:57:59.720]  data sheets. There's some things in the EUA. The safety data sheet, because EUA, it doesn't
[01:57:59.720 --> 01:58:08.440]  have to. If it's emergency use authorization, they do not have to do that. Wonderful. That
[01:58:08.440 --> 01:58:18.360]  allows you to get these by special. You have special need for access. That's why. That
[01:58:18.360 --> 01:58:29.320]  is bet. The point is, there can't be any supposition here. You have to draw a direct line from
[01:58:29.320 --> 01:58:34.920]  the use of that to you. Just saying they didn't reveal everything, and because they didn't
[01:58:34.920 --> 01:58:39.880]  reveal everything, there's something in there necessarily, it's not enough to make that
[01:58:39.880 --> 01:58:51.080]  leak. Hang on, Randy Kelton, Brett Fountain, We Love Radio, we'll be right back. The Bible
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