ROL_2022-09-29_16k.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 --> 00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.000 --> 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 --> 00:50.500]  Most of us know that taking the Fifth means you're choosing to remain silent about a criminal matter.
[00:50.500 --> 00:55.000]  It's a good way to remember that the Fifth Amendment spells out what can and can't happen to you
[00:55.000 --> 00:57.000]  when you're accused of a criminal offense.
[00:57.000 --> 01:02.000]  The Fifth guarantees due process, prohibits trying someone more than once for the same crime,
[01:02.000 --> 01:04.000]  and lets you keep your mouth shut.
[01:04.000 --> 01:09.000]  The Founding Fathers inserted these constitutional provisions to protect citizens from torture.
[01:09.000 --> 01:13.500]  Back in the day, governments often used painful methods to extract confessions.
[01:13.500 --> 01:18.000]  The Fifth Amendment also prohibits the government from taking your house and land without paying you for it.
[01:18.000 --> 01:20.000]  That used to happen a lot too.
[01:20.000 --> 01:25.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31.000 --> 01:35.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:35.000 --> 01:39.000]  They guarantee the specific freedoms Americans should know and protect.
[01:39.000 --> 01:41.000]  Our liberty depends on it.
[01:41.000 --> 01:47.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:47.000 --> 01:49.000]  Privacy is under attack.
[01:49.000 --> 01:52.000]  When you give up data about yourself, you'll never get it back again.
[01:52.000 --> 01:57.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:57.000 --> 02:02.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:02.000 --> 02:05.000]  Privacy, it's worth hanging on to.
[02:05.000 --> 02:09.000]  This public service announcement is brought to you by StartPage.com,
[02:09.000 --> 02:13.000]  the private search engine alternative to Google, Yahoo, and Bing.
[02:13.000 --> 02:16.000]  Start over with StartPage.
[02:16.000 --> 02:19.000]  The number 666 reminds me of evil.
[02:19.000 --> 02:24.000]  I also associate it with the sick feeling one might get when falsely accused of a heinous crime
[02:24.000 --> 02:28.000]  or when thinking about sickos who actually do commit acts of murder and mayhem.
[02:28.000 --> 02:32.000]  Either way, the number 666 can help you remember that the Sixth Amendment
[02:32.000 --> 02:37.000]  deals with the constitutionally guaranteed rights Americans have in a criminal trial.
[02:37.000 --> 02:41.000]  Those include the right to a speedy public trial, the right to an impartial jury,
[02:41.000 --> 02:45.000]  the right to full information about the charges, the right to an attorney,
[02:45.000 --> 02:48.000]  and the right to confront any witnesses face to face.
[02:48.000 --> 02:53.000]  666, sick, sickos, and the Sixth Amendment, get it?
[02:53.000 --> 03:16.000]  Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[03:24.000 --> 03:26.000]  Bad boys, bad boys, what you gonna do?
[03:26.000 --> 03:28.000]  What you gonna do when they come for you?
[03:28.000 --> 03:31.000]  Bad boys, bad boys, what you gonna do?
[03:31.000 --> 03:34.000]  What you gonna do when they come for you?
[03:34.000 --> 03:37.000]  When you were eight and you had bad traits,
[03:37.000 --> 03:39.000]  You'll go to school and learn the golden rule.
[03:39.000 --> 03:42.000]  So why are you acting like a bloody fool?
[03:42.000 --> 03:45.000]  If you get hot then you must get cool.
[03:45.000 --> 03:48.000]  Bad boys, bad boys, what you gonna do?
[03:48.000 --> 03:51.000]  What you gonna do when they come for you?
[03:51.000 --> 03:54.000]  Bad boys, bad boys, what you gonna do?
[03:54.000 --> 03:57.000]  What you gonna do when they come for you?
[03:57.000 --> 04:00.000]  You chuck it on that one, you chuck it on this one.
[04:00.000 --> 04:03.000]  You chuck it on your mother, and you chuck it on your father.
[04:03.000 --> 04:06.000]  You chuck it on your brother, and you chuck it on your sister
[04:06.000 --> 04:08.000]  You chuck it on that one and you chuck it on me.
[04:08.000 --> 04:11.000]  Bad boys, bad boys, what you gonna do?
[04:11.000 --> 04:13.000]  What you gonna do when they come for you?
[04:13.000 --> 04:16.000]  Bad boys, bad boys, what you gonna do?
[04:16.000 --> 04:18.000]  What you gonna do when they come for you?
[04:18.000 --> 04:21.840]  What you gonna do? What you gonna do when they come for you?
[04:21.840 --> 04:27.280]  Bad boys, bad boys. What you gonna do? What you gonna do when they come for you?
[04:27.280 --> 04:32.240]  Bad boys, bad boys. What you gonna do? What you gonna do when they come for you?
[04:32.240 --> 04:39.280]  Hey, howdy, howdy. I'm in a conundrum today. Brett didn't tell me what the date was.
[04:39.840 --> 04:42.320]  He always tells me what the date was. Oh, that's right.
[04:42.320 --> 04:46.480]  Well, he gives me the wrong date. Can I give you November? Will you buy that?
[04:46.480 --> 04:51.120]  October. How about October? It's the 29th of September.
[04:52.800 --> 04:58.080]  Brett Fountain. Thursday. Do we get all the pieces in, Brett?
[05:00.000 --> 05:08.720]  Okay. You were going to talk to us about what's going on with the DPS and a certain JP you talk
[05:08.720 --> 05:16.080]  to. Oh, okay. Yeah, all of this is connected to a speeding ticket. You know, Randy, I haven't
[05:16.080 --> 05:23.840]  gotten a ticket in a lot of years. These police just, sheriff, anybody, they just pull up behind
[05:23.840 --> 05:28.960]  me. About the time it takes to run some plates and they back off and go somewhere else. They
[05:28.960 --> 05:35.120]  decided they're not pulling me over. So that's been the pattern for, you know, a number of years now.
[05:35.120 --> 05:41.520]  And well, I borrowed my wife's car and I went to and across Texas and got myself a speeding
[05:41.520 --> 05:49.120]  ticket. This has been about a month ago and they didn't seem to mind pulling that car over. I don't
[05:49.120 --> 06:00.400]  know. I suspect you'll break them from sucking eggs. I imagine whatever's connected to that
[06:00.400 --> 06:05.440]  license plate's about, they're going to get a little more information tagged to it.
[06:05.440 --> 06:11.440]  But yeah, I've been walking through the process of this. And at the very beginning,
[06:12.160 --> 06:16.720]  first thing I did was I reached out to the director of the department of public safety
[06:17.440 --> 06:24.320]  with a compliment for the trooper who behaved himself well and did not, you know,
[06:24.880 --> 06:29.440]  he wasn't putting on airs. He wasn't acting like an arrogant, you know,
[06:29.440 --> 06:36.320]  bully or anything like that. You can't say that other word you were thinking on the air.
[06:36.320 --> 06:44.320]  Yeah, several in a row that I had to skip past. Yeah, which they tend to generally act like.
[06:44.320 --> 06:51.280]  We just say bully. You can say anal sphincter, but you can't get any more graphic than that.
[06:51.280 --> 07:04.160]  Okay. Well, so he behaved himself well. You know, he's, I could tell he's not had good training.
[07:05.360 --> 07:10.560]  He was doing things that he ought never to do, like pull somebody over, pretend like there's
[07:10.560 --> 07:15.600]  an emergency and throw his lights on him and, you know, see somebody at their liberty when
[07:16.160 --> 07:20.240]  there was no crime. There was not even any regulated activity going on. Nothing. He doesn't
[07:20.240 --> 07:25.440]  even know how to tell what regulated activity looks like. He needs better training. He's going
[07:25.440 --> 07:30.720]  to get himself in trouble, get himself sued and have all kinds of problems. And he's likely to
[07:30.720 --> 07:41.200]  get a complaint to the people who were supposed to have trained him. Right. So I've got the
[07:41.200 --> 07:50.640]  the director, we started out on, I think, a pretty good thing. You know, he was appreciating the
[07:50.640 --> 07:59.840]  compliment. And as far as my concerns about training, he immediately got some of his underlings
[07:59.840 --> 08:06.320]  to address this and get with me and hear me out. And I wrote an executive summary for the
[08:06.320 --> 08:16.480]  Department of Public Safety. And it looked like our first two conversations went really well.
[08:16.480 --> 08:24.480]  And they seem to be open to looking at all these things. I'm now beginning to get get the idea
[08:25.440 --> 08:33.680]  that it is as I was hoping it wouldn't be. And they're just doing the, you know,
[08:33.680 --> 08:39.360]  blow and smoke thing where they pretend like they care. And all they really want to do is
[08:40.240 --> 08:46.320]  make sure they're covered liability wise, that they I don't have anything that's too dangerous
[08:46.320 --> 08:51.680]  for them. Well, now they've decided that I do. This is looking really bad for them.
[08:51.680 --> 08:58.880]  And they've shut off communications. Well, the director has said that he's handed it off to
[08:58.880 --> 09:08.000]  his inspector general, and they take these things very seriously. So yeah, I don't know if that's
[09:08.000 --> 09:12.640]  going to go much of anywhere else except just criminal complaints and lawsuits. I don't think
[09:12.640 --> 09:19.440]  that's going to be turning into the training cooperation that I was hoping for. Although
[09:19.440 --> 09:23.200]  maybe that could happen in the future, you know, beat them up a little bit and then say,
[09:23.200 --> 09:27.680]  here's how you fix it. I was really hoping that that would happen first. They sounded like they
[09:27.680 --> 09:33.840]  sounded like they were open to that. Oh, well, yeah, the JP I spoke with today, I was encouraged
[09:35.440 --> 09:40.480]  to I was looking for somebody to sign off on a federal criminal complaint.
[09:43.040 --> 09:47.040]  Just so that everybody knows, if you have a federal criminal complaint,
[09:48.800 --> 09:53.840]  you'll see in the federal rules of criminal procedure that the one who needs to sign it,
[09:53.840 --> 09:58.480]  just like you would sign a state one, you'd go to a notary public, but with a federal criminal
[09:58.480 --> 10:03.680]  complaint, you need to go to a federal magistrate judge. That's the person that you stand before
[10:03.680 --> 10:08.480]  and hold up your right hand. Instead of the notary public, you're signing in front of this
[10:08.720 --> 10:14.960]  federal magistrate judge. And you say, I swear, this is the truth, or a firm, you know, you're
[10:14.960 --> 10:22.480]  signing in front of a federal magistrate judge. But they tend to not have any time for us.
[10:22.480 --> 10:28.720]  They think that they're more important or whatever. And you pretty much can't get an appointment with
[10:28.720 --> 10:35.600]  one. So you try and then they say no, or they can get their marshals to swarm around you and act
[10:35.600 --> 10:41.760]  like bullies and kick you out of the building. Either way, you, you now have made an effort.
[10:42.480 --> 10:48.480]  And you invoke the last part of the federal criminal rule, which says, if no federal magistrate
[10:48.480 --> 10:56.720]  judge is available, any state or local judicial officer. So that means you can have that point.
[10:57.760 --> 11:09.920]  Let me interject slightly. Attorney General opinion H 500 says any magistrate may take any complaint,
[11:09.920 --> 11:18.160]  any complaint, felony or misdemeanor state or federal from anywhere in the state.
[11:20.000 --> 11:27.920]  2.10 tells the magistrate that he shall keep the peace in the state.
[11:30.240 --> 11:33.760]  I had one JP tell me that he didn't care what the attorney general thinks.
[11:34.320 --> 11:36.080]  And I said, well, fair enough, I don't either.
[11:36.080 --> 11:40.240]  So, okay, I had to see the rule.
[11:40.960 --> 11:47.120]  I had Judge Shipman in Denton tell me when I quoted that to him,
[11:48.000 --> 11:53.600]  Mr. Kelton, as far as I'm concerned, you can use an attorney general's opinion for toilet paper.
[11:55.040 --> 12:01.520]  I said, well, your honor, I hope, you know, an attorney general opinion is a legal brief.
[12:01.520 --> 12:08.880]  3. I hope you don't find the underlying stare decisis quite as versatile.
[12:15.440 --> 12:17.440]  Well, so I read into this JP today.
[12:18.560 --> 12:23.440]  The fact that I can find any state or local judicial officer, anybody that's a magistrate
[12:23.440 --> 12:28.880]  around here, I can get any of them to do it. Well, that's all well and good. What if you can't find
[12:28.880 --> 12:34.960]  any? They tend to, you know, Friday is just impossible. Thursday, they're already starting
[12:34.960 --> 12:41.440]  to take off half days, they leave, you know, 10 in the morning. It's not a really easy thing,
[12:42.000 --> 12:47.920]  which kind of makes me wonder. We're asking these peace officers and anybody that's going
[12:47.920 --> 12:53.360]  to make an arrest to take somebody before a magistrate. My goodness, they're not necessarily
[12:53.360 --> 13:00.960]  that easy to find. They tend to slip out only work half days. Anyway, got ahold of one today.
[13:01.520 --> 13:09.440]  And I was enjoying my conversation with him because he sounds like us. He sounds like he cares what
[13:09.440 --> 13:18.320]  the law says. And he's not going to do anything that deviates from that. So I told him how much
[13:18.320 --> 13:28.640]  I appreciate that. I said I haven't found most judicial officers to have this, to care about
[13:28.640 --> 13:35.120]  this. I can tell, sir, that you've been reading the laws. And that's highly unusual, the judicial
[13:35.120 --> 13:39.280]  officers that I've been encountering. And I really appreciate that about you. He smiled and, you know,
[13:39.280 --> 13:47.040]  he's an older fellow. You can tell that we had that in common. But then I asked him, I started
[13:47.040 --> 13:51.520]  walking out the door and he said he's going to go and get a phone number for somebody over at
[13:53.680 --> 14:00.720]  the jail. And I said, Oh, do you do magistrations in this county? He said, I sure do. I said, hmm,
[14:01.920 --> 14:08.080]  that I'm not real sure that actually exists. I don't think that's a thing. I think we've
[14:08.080 --> 14:14.400]  just been told that's a thing. And what it actually ought to be is the examining trial.
[14:14.400 --> 14:19.360]  He goes, no, no, registration. That's a thing. That's a it's a chapter 16 code of criminal
[14:19.360 --> 14:26.000]  procedure. And I had a big old smile come across my face. And I said, that's the examining trial.
[14:27.040 --> 14:31.520]  He said, but we don't have people come in there. They can't do it. I said, yeah, it's you can't do
[14:31.520 --> 14:38.560]  the examining cross examine the witnesses. He had this look come across his face like I hit him with
[14:38.560 --> 14:50.160]  something. He was chewing on that. And he said, well, wow. I need to get ahold of this guy.
[14:51.440 --> 14:55.280]  So he wanted to go ahead and end the conversation right there. But you could tell he was going to
[14:55.280 --> 15:00.640]  have something to chew on. And that encouraged me. I think I'll go back over there in the next
[15:01.280 --> 15:08.480]  days and bring him some information to review. And who knows, maybe we'll have an opportunity
[15:08.480 --> 15:14.640]  to see this go the easy way instead of having to push on people that really don't care.
[15:14.640 --> 15:19.520]  And they've got their ego involved. And the only way they're going to do what the law says is if
[15:19.520 --> 15:27.040]  they get beat up. Maybe this guy's not like that. We'll see. Good luck with that. I have a son-in-law
[15:27.040 --> 15:38.400]  who's a JP. Yeah. And he called me recently about someone that used my documents in one of his
[15:38.400 --> 15:44.720]  cases and was demanding a examining trial. And he called me and asked me what he should do.
[15:45.280 --> 15:50.720]  He said, read the code. Do exactly what the code says. This guy wants an examining trial,
[15:50.720 --> 15:55.680]  just call it a set of hearing. Have the police officer who wrote the citation there
[15:56.960 --> 16:04.000]  and ask him if he would like to make a statement. And if he does, fine, let him make his statement.
[16:04.000 --> 16:11.440]  If not, then ask him to tell his side of the story. And when he's done, have the policeman
[16:11.440 --> 16:17.040]  tell his side of the story. Listen to both of them. Decide if you think there's sufficient cause.
[16:17.040 --> 16:22.560]  If you do, issue an order stating that you found probable cause, seal it in an envelope and send
[16:22.560 --> 16:26.160]  it to the clerk of the court of jurisdiction. Well, that happens to be your clerk. So you can
[16:26.160 --> 16:33.920]  just hand it to the clerk and you're done. You got it. He just sent the guy a notice that he
[16:33.920 --> 16:44.880]  was denying an examining trial. He's denying it? Yeah. He told me. Uh-oh. I read the date it was
[16:45.760 --> 16:55.200]  and they made sense to me, but he didn't jump off the cliff. And neither am I.
[16:55.200 --> 16:58.080]  Brandy, kill him, Brett Fountain. We'll be right back.
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[20:26.240 --> 20:53.200]  Okay, we are back. This is the Wheel of Law Radio, Randy Kelton. I'm Brett Fountain.
[20:53.200 --> 21:01.120]  Yeah, Randy, when we went out, you were saying that your nephew, your son-in-law was not going
[21:01.120 --> 21:05.760]  to run off the cliff because he was trying to figure out what to do with this examining trial.
[21:05.760 --> 21:11.600]  And then when he did find out what to do, he apparently got himself some bad advice and decided
[21:11.600 --> 21:19.280]  to deny the examining trial. Yeah, and you know how disappointing that is before he got into office.
[21:19.280 --> 21:26.800]  I went through all this code with it. And then once he got into office, he got my pleadings filed
[21:26.800 --> 21:33.200]  by someone else and he told me that he read them and they sounded right. But it doesn't
[21:33.200 --> 21:43.760]  comport with my training. Imagine that. And then I find that he sent an order denying an examining
[21:43.760 --> 21:56.080]  trial. Man, that is damning. Not good. Who told him to do that? You know, you bargrieved this
[21:56.080 --> 22:00.880]  lawyer that became the county attorney and it hurt his feelings because that's the only
[22:00.880 --> 22:07.120]  bar grievance he ever got. What was his name, Brett? I'm trying to think of his name. He started with an
[22:07.120 --> 22:16.480]  A. Aeberg. Aeberg. I don't know. And he was truly a nice guy. And I chewed him out recently
[22:16.480 --> 22:23.520]  because he didn't run for election. And then he's probably the one that told him this.
[22:25.280 --> 22:32.480]  And now... Oh, I know who you mean. Yeah. Yeah, Aeberg. Thomas, was it Thomas? Yeah,
[22:32.480 --> 22:37.200]  I accidentally called him Aeberg. I didn't realize at first I had the name wrong.
[22:39.760 --> 22:46.960]  Oh, that's low down. I didn't mean to, honest. I thought that was really his thing. Yeah. Yeah,
[22:46.960 --> 22:59.840]  sure. Anyway, these are people who otherwise are well-meaning and they want to do things right.
[22:59.840 --> 23:10.080]  I've been some 25, 30 years putting the law in front of them. They read the law, they agree with
[23:10.080 --> 23:18.160]  me, but they just cannot bring themselves to do what the black letter law says is the right thing
[23:18.160 --> 23:28.080]  to do when someone of some apparent authority tells them otherwise. So I was just talking to
[23:28.080 --> 23:37.200]  Brad on the break. I am planning to sue Texas State University. They are in San Marcos, Texas.
[23:38.480 --> 23:48.800]  And they are the ones who train these officers. Brett's agreed to come with me if once I sue,
[23:48.800 --> 23:55.440]  I'm going to sue them for 400 million. I've been planning to refile an amended pleading.
[23:55.440 --> 24:05.920]  File an amended pleading and take out the request for findings for a petition for declaratory
[24:05.920 --> 24:12.480]  judgment. I'm going to take that out and file it as a separate action. And then sue all these
[24:12.480 --> 24:21.760]  litigants for doing what Texas Tech trained them to do. Texas Tech and the Texas Commission on
[24:21.760 --> 24:27.680]  Law Enforcement, I'm going to sue both of them and neither one of them will have any immunity
[24:28.320 --> 24:36.880]  because what they're doing is, I don't know, I shouldn't say that yet. The Texas Commission
[24:36.880 --> 24:42.640]  on Law Enforcement may have some kind of qualified immunity, but I'm going to claim that these are
[24:42.640 --> 24:49.280]  administrative acts and they won't have immunity for them, but we'll see. I don't care if they have
[24:49.280 --> 24:59.200]  immunity. Texas State University will have zero immunity. So they're potentially 100% liable and
[24:59.200 --> 25:05.520]  if they, you know, once you get them in court and beat them up a while, we may make a deal.
[25:06.880 --> 25:14.480]  They write me a very, very large check and then I or Brett and I teach their officers how it should
[25:14.480 --> 25:26.560]  be done. Will that be cool? We might get that fixed. Get Texas doing it right and they find
[25:26.560 --> 25:35.920]  out that this mass incarceration problem starts to ease. The public's anger against the police
[25:35.920 --> 25:41.120]  starts to ease. Everything gets better for everybody. We may get the whole country to do it.
[25:41.120 --> 25:57.600]  But I'm encouraged. So that's where we're at. I've been working on Victoria County.
[26:00.560 --> 26:07.760]  The more I think about it, the more I like what happened. These guys don't know what I
[26:07.760 --> 26:13.200]  have coming at them. I could tell them what I have kind of coming at them.
[26:15.040 --> 26:20.560]  And just like the JP you talked to Brett, I don't think they'd be able to wrap their heads around it.
[26:22.240 --> 26:28.160]  Yeah, like your son-in-law. That's, that's, they have the seems like the best of interest,
[26:28.160 --> 26:35.120]  the best of intentions. And yet I just can't get over the hump because some lawyer told them,
[26:35.120 --> 26:43.520]  oh, the law doesn't mean what it says. This JP that I sued in Victoria County,
[26:45.440 --> 26:53.280]  after watching him and listening to him, it is clear to me he believes that he's doing the right
[26:53.280 --> 26:59.760]  thing. Initially thought that I was just some kind of fake troublemaker. I don't think he
[26:59.760 --> 27:09.040]  believes that anymore. It was clear. I spoke to him in the courtroom and he thanked me for my
[27:09.040 --> 27:18.720]  service. And I was slightly taken aback by that. But he said that to me, to let me know that he had
[27:18.720 --> 27:24.640]  read all of my pleadings because that was buried in the pleadings. You know, the fact that these
[27:24.640 --> 27:31.360]  rights are extremely valuable to me. I paid for them. So he obviously read that and he wanted me
[27:31.360 --> 27:39.760]  to know he had read the pleadings. I believe that he honestly believes that he's doing the right
[27:39.760 --> 27:48.400]  things the right way. But it hasn't worked out too well for him yet. And you know, we, Brett and I
[27:48.400 --> 27:54.560]  have been talking about, if we're going to fix the system, we've got to take it on. And in what I'm
[27:54.560 --> 28:04.160]  doing now, I carefully crafted this as the fight that I wanted to have. I went down and asked him
[28:04.160 --> 28:10.480]  to issue criminal complaints and he refused to do it. I asked him to issue them under 15.09.
[28:10.480 --> 28:19.280]  When a complaint is forwarded to the magistrate, complete in accordance with 15.05, the magistrate,
[28:19.280 --> 28:25.440]  and 15.05 just has, states the requisites for a complaint. I just heard that mentioned by the
[28:25.440 --> 28:30.080]  Court of Criminal Appeals in a hearing someone sent me a link to. They mentioned 15.05.
[28:31.280 --> 28:37.920]  If it's complete in accordance with 15.05, the magistrate shall issue a warrant forthwith.
[28:37.920 --> 28:43.200]  Now, what part of that is hard to understand? It does not say, may, might, or can't, if he wants to.
[28:43.200 --> 28:48.640]  It's obligatory. And the reason I filed it the way I did was because it was obligatory.
[28:50.000 --> 28:58.080]  No discretion, no discretion, no immunity. So I got him to do something that he was, not do
[28:58.080 --> 29:05.280]  something he was ordered to do. Got him dead bang. We went into court, you know, the first hearing we
[29:05.280 --> 29:12.640]  had was on Zoom and they had 30 some odd, 39 or 36 listeners. They didn't like that. So they ordered
[29:12.640 --> 29:21.840]  me to drive 500 miles down to a hearing. Well, that didn't work out too good for them. This judge
[29:21.840 --> 29:28.640]  sat up there and said that he was appointed judge to hear this case. As they will in that case,
[29:28.640 --> 29:35.680]  if you're an appointed county judge, here I have some documents for the court. Adam, and there are
[29:35.680 --> 29:45.600]  five criminal complaints against the justice of the peace and the sheriff. You want to do this again,
[29:45.600 --> 29:54.400]  guys? I was about to go to my boxers. It's good when you come back. Every step they take to turn
[29:54.400 --> 30:01.520]  the heat on. Hang on. We'll be right back. Businesses ask you for a lot of personal information
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[30:51.360 --> 30:56.480]  But what happens if it escapes their control? It's not an idle question. According to a recent
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[31:17.600 --> 31:22.640]  Too bad other companies don't treat your data the same way. I'm Dr. Katherine Albrecht.
[31:22.640 --> 31:50.480]  More news and information at KatherineAlbrecht.com.
[31:53.360 --> 31:59.360]  My son, my uncle, my nephew, my son, go to buildingwatch.org. Why it's hell, why it matters,
[31:59.360 --> 32:05.520]  and what you can do. Rule of Law Radio is proud to offer the Rule of Law traffic seminar. In today's
[32:05.520 --> 32:09.280]  America, we live in an us-against-them society. And if we, the people, are ever going to have a free
[32:09.280 --> 32:13.440]  society, then we're going to have to stand and defend our own rights. Among those rights are
[32:13.440 --> 32:17.040]  the right to travel freely from place to place, the right to act in our own private capacity,
[32:17.040 --> 32:21.600]  and most importantly, the right to due process of law. Traffic courts afford us the least expensive
[32:21.600 --> 32:26.000]  opportunity to learn how to enforce and preserve our rights through due process. Former Sheriff's
[32:26.000 --> 32:30.000]  Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive
[32:30.000 --> 32:33.840]  teaching tool available that will help you understand what due process is and how to hold
[32:33.840 --> 32:37.760]  courts to the rule of law. You can get your own copy of this invaluable material by going to
[32:37.760 --> 32:42.320]  ruleoflawradio.com and ordering your copy today. By ordering now, you'll receive a copy of Eddie's
[32:42.320 --> 32:47.040]  book, The Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009
[32:47.040 --> 32:51.280]  seminar, hundreds of research documents, and other useful resource material. Learn how to fight for
[32:51.280 --> 32:55.520]  your rights with the help of this material from ruleoflawradio.com. Order your copy today and
[32:55.520 --> 33:23.360]  together we can have the free society we all want and deserve. Yeah, Mr. Officer, you're taking the
[33:55.680 --> 34:01.920]  Okay, we are back. Randy Kelton. We're at Fountain Rule of Law Radio. And we were talking,
[34:02.800 --> 34:13.680]  this is the 29th day of September, 2022. And we were talking about taking on the system,
[34:14.880 --> 34:22.640]  set them up and just walk through them. So I filed this singular lawsuit against the judge
[34:22.640 --> 34:31.600]  in his personal capacity. He hired some chump lawyers. And they filed a response for him.
[34:32.640 --> 34:41.920]  And they screwed it up. So we had a hearing and the trial judge recused himself. I got the order
[34:41.920 --> 34:51.520]  and the order said that a motion to recuse was filed and I approved his sui sponte. That sui
[34:51.520 --> 34:58.400]  sponte, he does that on his own, doesn't need anybody, any briefs or any oral argument,
[34:58.400 --> 35:06.800]  he just does it on his own. Spontaneously. But I didn't remember being served with a
[35:07.520 --> 35:17.920]  motion to recuse as is required by 18A. So I checked the record. There was no motion filed.
[35:17.920 --> 35:28.800]  The judge said there was in his order, but I couldn't find it. So I objected to it because
[35:29.360 --> 35:36.720]  that judge is under contract with me. He's under contract because he swore on his oath,
[35:36.720 --> 35:44.640]  he would administer that court. Then he took monetary remuneration for his efforts
[35:44.640 --> 35:53.280]  to administer in that court. And when something of value changes hands, the contract is consummated.
[35:55.040 --> 35:58.800]  Now comes along a case he doesn't want to rule on, so he wants to duck and run for
[35:58.800 --> 36:05.520]  coverage. No, no, no, no, no, I don't think so. You are my elected judge and you are elected
[36:06.240 --> 36:13.200]  so that I have remedy against you for bad behavior. I told them in this hearing,
[36:13.200 --> 36:21.200]  I don't want any retired judge against whom I have no remedy. Normally I have remedy with
[36:21.200 --> 36:26.720]  the ballot box, but he's a retired judge, so I don't have that. And in the court, I told him
[36:26.720 --> 36:31.520]  I could file a judicial conduct complaint against you, but that wouldn't do any good. And he got this
[36:32.640 --> 36:38.160]  kind of sardonic smile and nodded. Yeah, that's right. I had no remedy, so I objected to him.
[36:38.160 --> 36:47.440]  And this judge subsequently recused himself, even though we couldn't get there yet. My position was
[36:48.000 --> 36:55.280]  that he was never properly appointed. Since the trial judge never properly recused himself,
[36:56.720 --> 37:03.200]  he has to recuse for cause. That's in the code. He can't just recuse himself because he wants to.
[37:03.200 --> 37:10.720]  And you have to be able to challenge that with an opposition to his motion. Precisely. So
[37:12.720 --> 37:22.560]  the head administrative judge of the district, Sid something rather, he appointed a retired judge
[37:22.560 --> 37:26.640]  to hear the case. I went, wait a minute, wait a minute. We didn't get there yet.
[37:26.640 --> 37:33.200]  We didn't get there yet. My argument in the court was we didn't get to
[37:35.040 --> 37:39.200]  recuse judge yet because the recuse of order was filed, but it was objected to.
[37:41.200 --> 37:46.240]  So it's still in the trial court. So you can't be appointed.
[37:49.040 --> 37:54.320]  So who hearing this? You did make some comment at some point about him being the hatchet man,
[37:54.320 --> 38:00.800]  or how did you call it? He kind of chuckled about that. Yeah, but he knew I was right.
[38:03.200 --> 38:07.360]  He didn't argue at all because he knew I was right. I think that's exactly what he was there for.
[38:07.920 --> 38:13.920]  And that's precisely why they do this. So he went ahead and recused himself. He said, Mr.
[38:13.920 --> 38:19.760]  Kelly, do you want me to make a ruling on this? No, we didn't get to you yet. I can't tell that
[38:19.760 --> 38:24.960]  you have any standing. He said, well, I'm going to recuse myself and recuses yourself and closes
[38:24.960 --> 38:30.640]  the hearing. So they set another hearing, but this time they don't do it on zoom because they
[38:30.640 --> 38:37.760]  don't want 36 people listening. They forced me to drive 200 miles or 400 miles down to
[38:39.120 --> 38:45.440]  Victoria County. Well, guys, let's see how that works out for you. I get down there and they've
[38:45.440 --> 38:50.240]  got this judge appointed. And in the appointment, the head administrative judge of the district
[38:51.360 --> 39:01.200]  said that this person was Joel Johnson out of B County and he was the senior judge for the 156th
[39:01.200 --> 39:12.480]  judicial district. Is that a fact, Jack? So I checked the 156th judicial district and he was
[39:12.480 --> 39:18.320]  mentioned. Wait, but you don't just believe whatever they tell you? No, I'm just skeptical
[39:18.320 --> 39:27.280]  that way. You get old, you get a little skeptical. I know it's gauche, but life is what it is.
[39:28.160 --> 39:37.920]  So it turns out he is not a senior judge. Well, let me step back. He is not an elected judge for
[39:37.920 --> 39:45.120]  the 156th judicial district. I call down there and ask about him. And the woman I talked to
[39:45.120 --> 39:52.240]  didn't really know anything about him because she's only been there two years. So you're
[39:52.240 --> 39:57.440]  working in a district clerk's office and you don't know anything about a senior district judge.
[39:57.440 --> 40:08.800]  Well, she said that he only does the criminal docket. Brad, what did that mean? He's not an
[40:08.800 --> 40:14.560]  elected judge. There's no evidence that he's been- He does the criminal docket. Yeah. What could that
[40:14.560 --> 40:22.000]  mean? Shoot, I don't know. I think it means he does- You think it's pulling him like he's retired?
[40:22.000 --> 40:35.680]  I think he does the magistrations in the jail, but he can't do that. He's not a magistrate.
[40:40.320 --> 40:48.560]  Guys, naughty, naughty. And I want to know who committed pampering with a government document
[40:48.560 --> 40:56.560]  by putting this statement in the order, appointing this judge, stating that he was a senior
[40:57.280 --> 41:03.440]  judge for the 156th judicial district. Now, he did not say he was a senior
[41:04.560 --> 41:11.520]  district judge for the 156th district, but a reasonable person of ordinary prudence
[41:11.520 --> 41:20.320]  would take that verbiage. If I said, I am a judge for the 156th judicial district, are they going to
[41:20.320 --> 41:28.320]  think I'm a justice of the peace? No, of course not. You sound like you're a district judge that way.
[41:29.040 --> 41:38.000]  That's what it sounded like to me, but he's not a district judge. So that, to me, is not only
[41:38.000 --> 41:45.040]  tampering with a government document. I looked at this and say, this was not a random error.
[41:46.560 --> 41:48.560]  Somebody's not speaking with candor.
[41:49.440 --> 41:56.800]  I have never seen a statement like that in an appointment before, but the head administrative
[41:56.800 --> 42:04.960]  judge's district elected to put that in there to mislead me into thinking that this guy was
[42:04.960 --> 42:12.000]  actually a judge. Yeah, specifically for that purpose, specifically to mislead. Intentionally.
[42:14.000 --> 42:19.520]  So that I won't object to any standard phrase that they always have in there, copy and paste.
[42:19.520 --> 42:25.120]  No, he specifically stuck that in there to make you think something that's not true.
[42:25.120 --> 42:35.600]  To make you think something that's not true. And what does a fraud statement, the causes of action
[42:35.600 --> 42:43.360]  for fraud, you must, someone must make a statement, a voluntary statement. That statement must be
[42:43.360 --> 42:58.960]  untrue. The plaintiff must, it must be the intent of the defendant that the statement be taken as
[42:58.960 --> 43:06.720]  true. And the plaintiff doesn't have equal access to the information to know if it's true or not.
[43:06.720 --> 43:16.560]  And the plaintiff, the plaintiff must accept the statement as true and make a decision based on the
[43:17.520 --> 43:24.080]  acceptance that the statement is true and be harmed thereby. That's how you define fraud.
[43:25.440 --> 43:35.040]  Well, this doesn't meet exactly the elements to sue for fraud, but it does,
[43:35.040 --> 43:41.680]  it has elements for fraud itself. We'll be right back. Wait a minute. That's 20 seconds. Okay.
[43:42.880 --> 43:48.480]  It doesn't meet the elements for filing a civil suit for fraud, but for criminal fraud it does.
[43:49.440 --> 43:56.400]  He doesn't have to complete, you know, he doesn't have to defraud me. He just has to try to hang
[43:56.400 --> 44:02.160]  on Randy Fountain. We'll be right back. I love Logos. Without the shows on this network,
[44:02.160 --> 44:06.640]  I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's no going
[44:06.640 --> 44:12.240]  back. I need my truth pick. I'd be lost without Logos and I really want to help keep this network
[44:12.240 --> 44:16.000]  on the air. I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I
[44:16.000 --> 44:21.600]  really don't have any money to give because I spent it all on supplements. How can I help Logos?
[44:21.600 --> 44:26.640]  Well, I'm glad you asked. Whenever you order anything from Amazon, you can help Logos.
[44:26.640 --> 44:32.080]  When ordering your supplies or holiday gifts, first thing you do is clear your cookies. Now go to
[44:32.080 --> 44:38.720]  LogosRadioNetwork.com. Pick on the Amazon logo and bookmark it. Now when you order anything from
[44:38.720 --> 44:45.040]  Amazon, you use that link and Logos gets a few pesos. Do I pay extra? No. Do you have to do
[44:45.040 --> 44:51.920]  anything different when I order? No. Can I use my Amazon Prime? No. I mean, yes. Wow. Giving without
[44:51.920 --> 44:57.920]  doing anything or spending any money. This is perfect. Thank you so much. We are welcome.
[44:57.920 --> 45:04.960]  Happy holidays, Logos. Are you the plaintiff or defendant in a lawsuit? Win your case without
[45:04.960 --> 45:11.360]  an attorney with Jurisdictionary, the affordable, easy to understand, four CD course that will show
[45:11.360 --> 45:18.880]  you how in 24 hours, step by step. If you have a lawyer, know what your lawyer should be doing.
[45:18.880 --> 45:24.480]  If you don't have a lawyer, know what you should do for yourself. Thousands have won with our step
[45:24.480 --> 45:31.920]  by step course and now you can too. Jurisdictionary was created by a licensed attorney with 22 years
[45:31.920 --> 45:37.920]  of case winning experience. Even if you're not in a lawsuit, you can learn what everyone should
[45:37.920 --> 45:43.680]  understand about the principles and practices that control our American courts. You'll receive
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[46:21.360 --> 46:37.440]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking about
[46:38.160 --> 46:44.800]  setting them up and taking them on. So the second hearing, they wanted me to come down
[46:44.800 --> 46:49.600]  to Victoria County and drive 400 miles down there. They didn't want to have another one of these
[46:49.600 --> 46:58.160]  zoom hearings where I had 36 people listening. Yeah, that's a little too out in public for them.
[46:58.160 --> 47:04.160]  They wanted to be able to keep it quiet. So they make me come down to their court. That was a
[47:04.160 --> 47:10.000]  mistake. Okay, here's what I did. When I first went down there, I went to the district clerk
[47:10.000 --> 47:15.120]  and looked in the district clerk's records for a 1617 order and I didn't find one.
[47:15.120 --> 47:19.680]  So I talked to the district clerk and she was really a sweetheart. You know, generally the
[47:19.680 --> 47:25.760]  clerks are. The clerks don't have a dog in this hunt. You know, they're just there to handle
[47:26.320 --> 47:33.440]  the records. And I told her that I had looked in your records and I don't find a 1617 order.
[47:33.440 --> 47:40.480]  And I explained to her what it was and showed her the code. How do you create a criminal case
[47:40.480 --> 47:47.120]  without any criminal complaint in your records?
[47:50.720 --> 47:54.160]  And she said, well, this is just how we do it. Yeah, I see how you do it. But
[47:55.520 --> 48:01.200]  I told her about 17 points for you commanding the magistrate to seal all the documents in an
[48:01.200 --> 48:06.960]  envelope, cause his name to be written across the seal of the envelope and send it to you.
[48:06.960 --> 48:12.080]  Well, we don't get those. Yeah, I know you don't get those. So that means that every case that you
[48:12.080 --> 48:22.800]  have in your files for every case, the accused shall be discharged by law. So it was my intent.
[48:22.800 --> 48:30.800]  And I gave her a document with my 1617 order argument on it. And she did exactly what I wanted,
[48:30.800 --> 48:34.320]  apparently gave it to somebody with more knowledge, probably the district attorney.
[48:34.320 --> 48:39.040]  And when I came back to Victoria County, I looked in the record and lo and behold,
[48:39.840 --> 48:45.600]  there was an order from the justice or the judge, excuse me, JP,
[48:47.920 --> 48:54.000]  from the JP. I forgot, I've been taking an allergy pill and it's helped my coughing considerable,
[48:54.000 --> 48:55.600]  but I forgot to take it this morning.
[48:55.600 --> 49:01.200]  I just took it a few minutes ago. So I'm having a little scratchy throat and we don't, there's a,
[49:01.200 --> 49:06.240]  there's a little, little cough button that you, most radio shows have, but we couldn't
[49:06.240 --> 49:12.080]  afford it. It's pretty expensive. It cuts your mic on and off. Well, if you try, if I try to
[49:12.080 --> 49:18.080]  shut this mic off, I generally get a click, pretty loud click. So there's a special button that has a
[49:18.080 --> 49:23.760]  bunch of capacitors in them. So I'm going to go ahead and turn it off. I'm going to turn it on.
[49:23.760 --> 49:29.120]  That has a bunch of capacitors and absorbs that click. Anyway, don't have one. I'll deal with it.
[49:29.920 --> 49:35.760]  I'll go ahead and turn the phone lines on, call it number 512-646-1984.
[49:39.200 --> 49:48.320]  Okay. So I found an order in the record. And since I was down there, I said, well,
[49:48.320 --> 49:54.800]  let's see how he did that because there's only one judge in Victoria County that does these kinds of
[49:54.800 --> 50:03.600]  hearings. So I went and sat in on the hearing. The judge was not a happy camper because I had
[50:03.600 --> 50:10.800]  just sued him and watched what he was doing. Well, they brought the guy up on the camera
[50:10.800 --> 50:20.320]  and the judge said, I have read the pleadings by the, I've read the complaint and the
[50:23.040 --> 50:28.080]  statement by the arresting officer and I find probable cause.
[50:30.560 --> 50:33.760]  Brett, what's wrong with that story?
[50:33.760 --> 50:39.520]  Well, the only time he would be able to make the determination of probable cause
[50:41.440 --> 50:47.200]  and do it according to the due process of law that's laid out would be in the examining trial,
[50:47.200 --> 50:52.560]  which involves in the presence of the accused and which involves the accused being able to cross
[50:52.560 --> 50:59.440]  examine the witnesses. How does he do that all by himself just in some closed room somewhere with
[50:59.440 --> 51:06.560]  nothing to look at, nobody to talk to. One more, there's more damning. Before any evidence can be
[51:06.560 --> 51:12.240]  entered into the court against the accused, the accused must be accorded an opportunity to make
[51:12.240 --> 51:23.440]  a statement. 1603 and 04 addresses that. So he looked at evidence, apparently after the accused
[51:23.440 --> 51:30.960]  was given an opportunity to make a statement, but there's no evidence of that. So it appears.
[51:31.840 --> 51:32.880]  Was the accused there?
[51:34.080 --> 51:41.520]  Well, what I contemplated was that the sheriff, that they arrested this person instead of taking
[51:41.520 --> 51:48.160]  him to a magistrate, took him to jail. The sheriff sequestered them in the jail and secreted
[51:48.160 --> 51:56.080]  them from an examining trial held by an ex parte examining trial held by the justice
[51:56.720 --> 52:03.840]  of the peace and the arresting officer. They made a determination of probable cause.
[52:04.640 --> 52:11.040]  Oh, that's an interesting mental image. Yeah. Well, then that puts like, how did you do this?
[52:11.040 --> 52:20.800]  And that's not all. While I found the finding probable cause statement in the records,
[52:21.600 --> 52:28.560]  I didn't find a signed envelope. I didn't find the complaint by the officer or the
[52:29.520 --> 52:35.920]  statement by the officer. Those weren't in there. And that's a problem because if they held an
[52:35.920 --> 52:44.560]  examining trial, 17.3 zero orders the judge after the examining trial shall seal all documents had
[52:44.560 --> 52:51.600]  in the hearing. The statement of the complaint, the statement of the complaining witness and all
[52:51.600 --> 52:58.960]  other documents shall be sealed up in an envelope with the name of the magistrate written across the
[52:58.960 --> 53:06.720]  seal of the envelope. How hard is that to understand? And ordered to the clerk of the court of jurisdiction.
[53:07.440 --> 53:15.200]  Where are those papers? Somebody has them. So I sent an information request to the prosecuting
[53:15.200 --> 53:22.400]  attorney, the district attorney, and I got a record request, a response to that saying we have no,
[53:22.400 --> 53:30.240]  well, I asked for all records specifically referenced by 17.30. I expected to see an envelope
[53:31.200 --> 53:37.920]  with the signature across the envelope. Well, they told me they had no records responsive to
[53:37.920 --> 53:46.080]  my request. The district clerk had no records responsive to my request. So the request to the
[53:46.080 --> 53:52.960]  justice of the peace, he had no records responsive to my request. So my goodness, where could they be?
[53:55.200 --> 53:57.440]  Is it possible that the sheriff still has them?
[53:59.680 --> 54:04.480]  Is it possible that the accuser communicated with the magistrate via ESP?
[54:05.120 --> 54:13.200]  Yeah, I believe in that. So when they forced me to come down there, the first thing I did is
[54:13.200 --> 54:20.240]  hand some criminal complaints to the judge. And he said, what are these? I said, those are
[54:20.240 --> 54:25.280]  criminal affidavits. They're not verified, but I need your clerk to swear me in and I'll swear
[54:25.280 --> 54:32.880]  to each one of them. And she's authorized to verify my affirmation. Well, Mr. Kelton, I'm only
[54:32.880 --> 54:42.720]  appointed to hear this civil case. Say, well, you're appointed as a county judge. And as such,
[54:42.720 --> 54:50.720]  you are necessarily a magistrate. Therefore you have a duty under 15.09 to issue warrants
[54:51.280 --> 54:59.280]  on these complaints. Now, he should have got the irony of that. If he was here to hear this case
[54:59.280 --> 55:04.800]  and he actually read it, because that is precisely what I sued Judge Whitaker for doing.
[55:06.320 --> 55:09.280]  And Judge Whitaker got to watch me and he said in the courtroom,
[55:09.280 --> 55:16.480]  due to the judge, what I did to him that got him in that courtroom. So apparently the judge missed
[55:16.480 --> 55:24.080]  the irony of that and refused to take the complaints. And then he wouldn't, I had told him
[55:24.080 --> 55:28.800]  I had some motions before the court. Well, I'm only here to hear this challenge subject matter
[55:28.800 --> 55:35.600]  jurisdiction. And the other sides argued that the judge had qualified immunity. And I argued that
[55:35.600 --> 55:41.040]  the challenge subject matter jurisdiction was filed as a challenge subject matter jurisdiction
[55:41.040 --> 55:48.480]  and answer. It challenged an issue that's not before the court. It claimed that the judge had
[55:48.480 --> 55:54.240]  qualified immunity from suit. Well, I didn't sue the judge in his official capacity.
[55:55.280 --> 56:01.680]  I sued him in his personal capacity for making a, for failing to perform the ministerial duty.
[56:01.680 --> 56:09.600]  And that's a situation where the judge has no immunity. He's acting in his personal capacity.
[56:10.640 --> 56:19.280]  But defense counsel did not argue that issue. They didn't oppose a suit in personal capacity.
[56:21.120 --> 56:27.440]  They argued the wrong issue. So a suit is not what you name it. It is what it is. And since it
[56:27.440 --> 56:32.480]  didn't address the issue before the court, then it can't be construed as a challenge subject matter
[56:32.480 --> 56:40.720]  jurisdiction, but also said an answer. So we must construe it as an answer. Problem wasn't verified.
[56:41.680 --> 56:45.120]  On a subject matter jurisdiction challenge does not have to be verified.
[56:45.120 --> 56:56.080]  A answer does. So while this motion is resting in the record and it is before you, you can't see it
[56:57.040 --> 57:05.760]  because it is not properly filed. He just ruled against me. So I reminded the court of Walker v
[57:05.760 --> 57:15.840]  Packer and Walker v Packer. It says that a judge has no discretion in properly applying the law
[57:15.840 --> 57:23.040]  to the facts. And when I said that his mouth dropped open, his eyes dilated. He just shifted
[57:23.040 --> 57:32.160]  into a different gear. A failure to do so is an abusive discretion and an abusive discretion that
[57:32.160 --> 57:37.840]  has the effect of denying me in the form of free access to or enjoyment of a riot is a class A
[57:37.840 --> 57:46.080]  misdemeanor violation of 39.03 penal code. Now turn to the bailiff. Mr. Bailiff, arrest that judge.
[57:47.760 --> 57:54.560]  You could have heard a pin drop. Mr. Bailiff, you're standing mute.
[57:54.560 --> 58:01.600]  Mr. Bailiff, you're standing mute. Arrest that judge. I'm pretty sure they haven't heard anything
[58:01.600 --> 58:07.440]  like that happen before. When you start saying things that sound like they came out of the mouth
[58:07.440 --> 58:13.840]  of a judge instead of saying things that, you know, branding and raising about how much rights you
[58:13.840 --> 58:18.880]  have and all of that. But you just start saying things that sound like they came straight out of
[58:18.880 --> 58:28.640]  a code because you've read it. They were straight out of the code. So now I'll go back and file the
[58:28.640 --> 58:36.400]  exact same criminal charges against him that I filed against Whitaker, plus a whole bunch more.
[58:36.400 --> 58:41.600]  You want to call me down there, bubba? We'll see how this works out for you. And it gets better.
[58:41.600 --> 58:49.840]  Ready to count on Brett Fountain, Wheel of Law Radio. We'll be right back.
[58:49.840 --> 58:55.440]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.440 --> 59:01.440]  because they struggle to understand it. Some new translations try to help by simplifying the text,
[59:01.440 --> 59:07.920]  but in the process can compromise the profound meaning of the scripture. Enter the recovery
[59:07.920 --> 59:14.320]  version. First, this new translation is extremely faithful and accurate, but the real story is the
[59:14.320 --> 59:21.280]  more than 9,000 explanatory footnotes. Difficult and profound passages are opened up in a marvelous
[59:21.280 --> 59:26.960]  way, providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:27.600 --> 59:32.320]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:32.320 --> 59:42.880]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:42.880 --> 59:49.520]  or by ordering online at freestudybible.com. That's freestudybible.com.
[59:49.520 --> 59:58.560]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:58.560 --> 01:00:05.120]  The Bill of Rights contains the first 10 amendments of our constitution.
[01:00:05.120 --> 01:00:10.080]  They guarantee the specific freedoms Americans should know and protect. Our liberty depends on
[01:00:10.080 --> 01:00:14.640]  it. I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of
[01:00:14.640 --> 01:00:20.800]  your constitutional rights. Privacy is under attack. When you give up data about yourself,
[01:00:20.800 --> 01:00:25.840]  you'll never get it back again. And once your privacy is gone, you'll find your freedoms will
[01:00:25.840 --> 01:00:31.520]  start to vanish, too. So protect your rights. Say no to surveillance and keep your information
[01:00:31.520 --> 01:00:36.800]  to yourself. Privacy, it's worth hanging on to. This public service announcement is brought to
[01:00:36.800 --> 01:00:43.600]  you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over
[01:00:43.600 --> 01:00:50.080]  with Startpage. Most people think of seven as a more civilized number than six. Think about the
[01:00:50.080 --> 01:00:55.760]  number six as implicated in evil, as in the biblical 666. So it would fit right in that the
[01:00:55.760 --> 01:01:01.520]  Seventh Amendment would be about civil trials. Civil seven, civil trials, get it? Civil trials
[01:01:01.520 --> 01:01:06.000]  are ones where people sue instead of beating each other up over a dispute, like the dividing line
[01:01:06.000 --> 01:01:10.640]  between properties. They take their dispute to a courthouse and settle matters civilly without
[01:01:10.640 --> 01:01:15.680]  the fisticuffs. The Seventh Amendment guarantees that Americans have the right to a jury in certain
[01:01:15.680 --> 01:01:20.960]  civil matters instead of having a lone judge rule on the case. I'm Dr. Catherine Albrecht.
[01:01:20.960 --> 01:01:34.160]  More news and information at CatherineAlbrecht.com. The Bill of Rights contains the first 10 amendments
[01:01:34.160 --> 01:01:39.200]  of our Constitution. They guarantee the specific freedoms Americans should know and protect.
[01:01:39.200 --> 01:01:43.200]  Our liberty depends on it. I'm Dr. Catherine Albrecht, and I'll be right back with an
[01:01:43.200 --> 01:01:49.200]  unforgettable way to remember one of your constitutional rights. Privacy is under attack.
[01:01:49.200 --> 01:01:54.640]  When you give up data about yourself, you'll never get it back again. And once your privacy is gone,
[01:01:54.640 --> 01:02:00.560]  you'll find your freedoms will start to vanish too. So protect your rights. Say no to surveillance
[01:02:00.560 --> 01:02:06.320]  and keep your information to yourself. Privacy, it's worth hanging on to. This public service
[01:02:06.320 --> 01:02:11.600]  announcement is brought to you by Startpage.com, the private search engine alternative to Google,
[01:02:11.600 --> 01:02:18.720]  Yahoo, and Bing. Start over with Startpage. Remember the scene in George Orwell's novel
[01:02:18.720 --> 01:02:24.880]  1984 when Winston is threatened with his worst fear? That fear was having a cage of hungry rats
[01:02:24.880 --> 01:02:30.320]  unleashed on his face. But what if his worst fear was spiders? Eight-legged spiders, to be exact.
[01:02:30.320 --> 01:02:34.960]  Getting a face full of spiders would be pretty cruel and unusual. That image of eight-legged
[01:02:34.960 --> 01:02:38.880]  spiders will help you remember the Eighth Amendment. Our founding fathers added the
[01:02:38.880 --> 01:02:44.080]  Eighth Amendment to the US Constitution to protect us from creepy-crawly eight-legged punishments
[01:02:44.080 --> 01:02:49.200]  and other cruel and unusual prison practices that were common in their day. The Eighth Amendment also
[01:02:49.200 --> 01:02:54.560]  prohibits the government from requiring excessive bail and charging excessive fines. I'm Dr.
[01:02:54.560 --> 01:03:10.000]  Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:24.560 --> 01:03:42.800]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:03:44.160 --> 01:03:51.360]  And what I'm planning is if we're going to take them on, and you know, I tell people the best
[01:03:51.360 --> 01:04:00.880]  fight to have is the one you picked. Well, I picked this fight. These lawyers filed this response
[01:04:00.880 --> 01:04:07.760]  and did a really bad job. So I bar-grieved both of them. Well, what I bar-grieved them for was in
[01:04:07.760 --> 01:04:15.520]  this first Zoom hearing, the lead attorney was a young kid, and the old attorney was sitting
[01:04:15.520 --> 01:04:23.120]  behind him. They always give the pro se litigants to the young kids, the new attorneys. While I'm
[01:04:23.120 --> 01:04:30.640]  working over this judge, he breaks in and asks to speak, you know, interrupted what we were doing.
[01:04:31.520 --> 01:04:37.120]  And the judge asked him, well, what do you have to contribute? Well, Your Honor, I just wanted to
[01:04:38.400 --> 01:04:44.560]  advise Mr. Kelton that if he strikes you as a judge, he only has one strike, and he can't
[01:04:44.560 --> 01:04:52.080]  strike the next one. Well, I really appreciated that unsolicited advice, and I would have appreciated
[01:04:52.080 --> 01:05:01.680]  it more if it was correct. It's too bad it was flawed. It's bad legal advice, unsolicited,
[01:05:01.680 --> 01:05:09.840]  and bad. So I bar-grieved the lead attorney for not correcting the interloper, and I didn't
[01:05:09.840 --> 01:05:17.440]  really know who the interloper was. He said his name was Cullen, and the law firm was named Cullen.
[01:05:17.440 --> 01:05:28.160]  So I went to their website, and I found Papa Cullen, Mama Cullen, and Baby Cullen. So who do
[01:05:28.160 --> 01:05:36.400]  I bar-grieve? Sometimes you can't be too sure about those boy and girl names anymore, so you
[01:05:36.400 --> 01:05:41.520]  might as well just cover all your bases. Yeah, well, I didn't want to bar-grieve them all for
[01:05:42.240 --> 01:05:49.520]  one dead, so I assumed this had to be Baby Cullen, because Papa Cullen was too old and sophisticated
[01:05:49.520 --> 01:05:59.440]  to do something stupid like that, so I bar-grieved Baby Cullen. When I went back down there, Papa
[01:05:59.440 --> 01:06:12.560]  Cullen was in the courtroom, not Baby Cullen. Oh my goodness, I bar-grieved the wrong one. My bad.
[01:06:14.400 --> 01:06:22.160]  But these guys were up on their tippy toes. They could not have been nicer to me. Even when I was
[01:06:22.160 --> 01:06:31.120]  talking to his client, he waited about five minutes before he said, well, you know, we really shouldn't
[01:06:31.120 --> 01:06:39.040]  be talking to each other, and I didn't take that up with him, saying, you know, you can't, he
[01:06:39.040 --> 01:06:44.080]  shouldn't be talking to me. They should talk through you, but me? I'm talking about it, I want to,
[01:06:44.720 --> 01:06:49.360]  because I didn't agree not to talk the opposing side, and I told the judge, I'm not after you,
[01:06:49.360 --> 01:06:55.680]  Judge. I'm just trying to get him to follow code, and that's when he told me he understood that,
[01:06:56.400 --> 01:07:03.600]  and the lawyer said, that's what I told Judge Whitaker, that I was just trying to, you know,
[01:07:05.520 --> 01:07:14.640]  get him to follow law, that I wasn't after him personally, and the judge stood there and listened.
[01:07:14.640 --> 01:07:21.440]  I had his attention, and that was my purpose. So he's going to want to do it right. Now I have to
[01:07:21.440 --> 01:07:28.160]  file five more criminal complaints against him. I have no doubt that he's going to go to the prosecutor
[01:07:28.160 --> 01:07:32.320]  and say, you got to do something. This guy just filed another stack of criminal complaints against
[01:07:32.320 --> 01:07:40.080]  me. So what I expect is when I go back down there, they will have changed their policies again.
[01:07:40.080 --> 01:07:43.600]  Maybe, maybe not, but I suspect they're going to try to change the policies,
[01:07:44.640 --> 01:07:50.480]  and it will be very inconvenient for them, because now they're taking the people to jail,
[01:07:50.480 --> 01:07:57.040]  holding them overnight, and now the officer will have to come in the next morning and be at this
[01:07:57.040 --> 01:08:03.520]  examining trial, and when they do that, if they do it that way, what should I do, Brett?
[01:08:03.520 --> 01:08:11.120]  And when they do that, if they do it that way, what should I do, Brett? Should I say, oh, wonderful.
[01:08:15.920 --> 01:08:20.560]  If they do that, I'll file criminal charges against them again,
[01:08:23.840 --> 01:08:31.520]  because they arrested them and took them directly to jail, and did not take them directly to a
[01:08:31.520 --> 01:08:42.560]  magistrate, as commanded by 14.06 and 15.16. 14.06 is arrest for on-site offense,
[01:08:44.080 --> 01:08:52.320]  15.16 is arrest for a warrant. Both of them say, well, 14.06 says they're taken directly
[01:08:52.320 --> 01:08:59.040]  to the nearest magistrate. The warrant says arrest this person and bring him before me.
[01:08:59.040 --> 01:09:02.960]  The magistrate who issued the warrant.
[01:09:04.960 --> 01:09:14.400]  So, yeah, I talked with that JP today about this very thing, that the guys that are arresting
[01:09:14.400 --> 01:09:18.880]  somebody have no business taking them to jail. There's no authority given for that. You,
[01:09:18.880 --> 01:09:24.880]  I pointed my finger at him, pointed at his chest, and I said, you have the key to that jailhouse
[01:09:24.880 --> 01:09:33.920]  door. They don't. Perfect. So I'm going to file criminal charges against them again.
[01:09:35.600 --> 01:09:43.360]  I do expect to find the records in the hands of the county clerk, like they're supposed to be.
[01:09:44.880 --> 01:09:50.000]  We may actually be able to force this county to do it right.
[01:09:50.000 --> 01:09:59.120]  And for me, that would be a gigantic win. But they still don't have, they don't have a clue
[01:09:59.120 --> 01:10:10.640]  as to what's coming at them. This is just a warm-up, guys. If they're listening, I'm just
[01:10:10.640 --> 01:10:18.960]  getting warmed up on you. This is the sideshow. We will work our way up to the end of the year.
[01:10:18.960 --> 01:10:27.520]  Work our way up to the real deal. They already know I'm setting them up for a federal RICO suit.
[01:10:28.320 --> 01:10:32.800]  I told the constable, I really gave him a hard time and he handled me really well.
[01:10:33.440 --> 01:10:37.520]  Never lost his cool. I told him, you know, don't worry, I'm not after you. I'm sorry I have to
[01:10:37.520 --> 01:10:47.600]  give you a hard time, but I have to touch all the bases. I'm preparing for a RICO suit in the Fed,
[01:10:47.600 --> 01:10:52.320]  but before I get there, I have to make sure I've touched all the bases and I'm sure he ran and told
[01:10:52.320 --> 01:10:58.160]  everybody that. So they know they got this guy set them up so he can take them to the Fed for a
[01:10:58.160 --> 01:11:05.680]  Frederico suit. But, and I'm walking all over them and there's nothing they can do about it.
[01:11:08.160 --> 01:11:14.400]  If you got to have a legal fight, the best fight to have is the one you pick. Don't wait till they
[01:11:14.400 --> 01:11:19.440]  drag you into court and start beating you up. Go down there and beat them up first.
[01:11:21.200 --> 01:11:28.000]  Then you'll be like Brett. They'll pull in behind you, run your plates and all of a sudden they got
[01:11:28.640 --> 01:11:35.600]  a craving for coffee and donuts. Okay, that's kind of, that's basically where I'm at. That's
[01:11:35.600 --> 01:11:42.000]  about as far as I want to talk about on the air so far because good chance they've got someone
[01:11:42.000 --> 01:11:48.480]  listening. Or we may even have someone on our telegram site who's downloading the recording
[01:11:48.480 --> 01:11:52.560]  so all of them can listen to it. Well, that's all I'm going to give them for the time being.
[01:11:53.440 --> 01:12:00.080]  As we move along, I have some plans coming that I don't want to reveal on here
[01:12:01.200 --> 01:12:09.200]  because I want it to be a pleasant surprise for them. Yeah. Okay. Well, we do have a couple of
[01:12:09.200 --> 01:12:14.160]  collars lining up there. Don't know why it's not completely full, but we have a couple.
[01:12:15.360 --> 01:12:20.960]  Okay. We're going to go to Joe in Canada. Hello, Canuck.
[01:12:26.560 --> 01:12:28.400]  What do you have for us today?
[01:12:28.400 --> 01:12:40.960]  Can you hear me? Yeah. Yes, we can. Yes. Okay. Hey, I was in court this week. Now what I'm doing is
[01:12:40.960 --> 01:12:47.360]  I'm suing my ex for a breach of an agreement. We had an agreement that we were going to share
[01:12:47.360 --> 01:12:59.360]  our daughter 50 and she violated that agreement and I'm suing her. Now, while during the proceeding,
[01:13:01.600 --> 01:13:09.920]  I guess I'm skipping a step here. When I filed the claim, my ex responded in her defense and her
[01:13:09.920 --> 01:13:17.600]  defense was all based on family court and my criminal charges, my criminal history, all that.
[01:13:18.320 --> 01:13:23.520]  So what I did is I filed a motion to strike her defense because she was in the wrong case.
[01:13:25.360 --> 01:13:34.160]  When I went to court, the judge threw my motion to strike her defense and what he told me was that
[01:13:34.160 --> 01:13:43.680]  agreements aren't binding in law. Now, in my motion, I provided him with I think a free case
[01:13:43.680 --> 01:13:50.800]  law that stated that agreements were binding. Now, am I able to- Wait a minute. Agreements
[01:13:50.800 --> 01:13:59.440]  are contracts. Did anything of value change hands? Did your spouse, after the verbal agreement,
[01:13:59.440 --> 01:14:05.040]  take an action in furtherance of the contract?
[01:14:09.840 --> 01:14:11.520]  Take the daughter for a week or something?
[01:14:16.080 --> 01:14:24.640]  Yeah. Okay. This is a verbal contract. Before the last oil spill, the one in the Gulf,
[01:14:24.640 --> 01:14:34.880]  the largest verdict ever was based on a verbal agreement.
[01:14:36.240 --> 01:14:44.960]  I think it was Exxon and JP Getty. They had a verbal agreement. Exxon violated. JP Getty sued
[01:14:44.960 --> 01:14:50.880]  and won the largest verdict ever in US history on a verbal contract.
[01:14:50.880 --> 01:15:04.320]  So, findings of facts and conclusions at law. Have you looked for something similar to Walker
[01:15:04.320 --> 01:15:10.080]  D. Packer? Walker D. Packer?
[01:15:10.800 --> 01:15:18.720]  Yes. What it says is, and I quoted this recently and earlier on the show, a judge has no discretion
[01:15:18.720 --> 01:15:26.640]  in properly applying the law to the facts. The judge's only job or primary job in the courtroom,
[01:15:26.640 --> 01:15:32.480]  he has other things he does, but all the other things he does is in order to support this
[01:15:32.480 --> 01:15:39.440]  particular duty. He is to determine the facts in accordance with the rules of evidence,
[01:15:40.560 --> 01:15:44.720]  then apply the law as it comes to him to the facts in the case.
[01:15:44.720 --> 01:15:50.720]  If he fails to do so, he's at his discretion. And Walker D. Packer goes on to say the only
[01:15:50.720 --> 01:15:59.920]  thing you can appeal is an abuse of discretion. So, every appeal has to go to the judge failing
[01:15:59.920 --> 01:16:08.480]  to properly apply the law to the facts. So, here is a case where someone can drag out
[01:16:08.480 --> 01:16:17.600]  the Uniform Commercial Code. I think you do have a version of that in Canada. Pull it out.
[01:16:19.200 --> 01:16:25.360]  And this, normally we get real testy when someone starts bringing up UCC,
[01:16:25.360 --> 01:16:32.480]  but this is a contract issue. So, file a motion for reconsideration first,
[01:16:32.480 --> 01:16:38.000]  then file a request for findings of facts and conclusions of law, and include one.
[01:16:38.720 --> 01:16:45.200]  And ask the judge to accept yours or prepare his own as you need these findings in order
[01:16:45.200 --> 01:16:52.240]  to be able to have grounds for appeal. He'll deny it, of course, but that'll protect you.
[01:16:52.240 --> 01:16:53.600]  Hang on, we'll be right back.
[01:16:53.600 --> 01:16:58.960]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[01:16:58.960 --> 01:17:04.160]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for
[01:17:04.160 --> 01:17:10.080]  Scripture Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[01:17:10.720 --> 01:17:15.040]  Study to show thyself approved unto God, a workman that needeth not to be ashamed,
[01:17:15.040 --> 01:17:24.080]  rightly dividing the Word of Truth. Starting in January, our first hour studies are in the Book
[01:17:24.080 --> 01:17:28.960]  of Mark, where we'll go verse by verse and discuss the true Gospel message. Our second
[01:17:28.960 --> 01:17:34.000]  hour topical studies will vary each week, with discussions on sound doctrine and Christian
[01:17:34.000 --> 01:17:39.040]  character development. We wish to reflect God's light and be a blessing to all those with a
[01:17:39.040 --> 01:17:43.840]  hearing ear. Our goal is to strengthen our faith and to transform ourselves more into
[01:17:43.840 --> 01:17:50.160]  the likeness of our Lord and Savior Jesus. So tune in to Scripture Talk live on LogosRadioNetwork.com
[01:17:50.160 --> 01:17:55.600]  on Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[01:17:57.120 --> 01:18:03.120]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[01:18:03.120 --> 01:18:05.680]  People feed their pets better than they feed themselves.
[01:18:05.680 --> 01:18:11.280]  And it's time we changed all that. Our primary defense against aging and disease in this toxic
[01:18:11.280 --> 01:18:16.320]  environment is good nutrition. In a world where natural fruits have been irradiated,
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[01:19:29.520 --> 01:19:49.040]  Okay, we are back and we're talking to Joe in Canada. So, I kind of bushwhacked you there.
[01:19:50.080 --> 01:19:51.600]  What have you done at this point?
[01:19:54.240 --> 01:19:58.480]  Well, this is my first time. This is my first time going. Now, here's the thing. You just said to
[01:19:58.480 --> 01:20:07.040]  file a motion for reconsideration. But they tried to nail me with $1,000 for court fees
[01:20:07.040 --> 01:20:13.360]  for filing my motion to strike or defense. And it ended up only costing me $100 right now.
[01:20:14.640 --> 01:20:21.280]  What I think is going on is, it's like I told you before, I believe I'm getting to be well-known
[01:20:21.280 --> 01:20:25.680]  within the courts. And I think they're just trying to give me a hard time in every way,
[01:20:25.680 --> 01:20:32.720]  shape or form they can. Good, good, good. That's good. They're trying to do that to me too.
[01:20:33.760 --> 01:20:36.960]  Every time they try something like that, I wind up hammering them.
[01:20:38.800 --> 01:20:43.760]  It's kind of common for them to start with that approach before they figure out it's going to
[01:20:43.760 --> 01:20:47.760]  hurt them more than it hurts you. And then they decide that they don't really want to play anymore.
[01:20:47.760 --> 01:20:58.080]  Yeah. Well, that's, I'm anxious to get to that point. Now, would I be better off filing an
[01:20:58.080 --> 01:21:04.160]  interlocutory appeal for his, basically his legal determination on-
[01:21:04.160 --> 01:21:07.520]  You'll get to that. You're not there yet.
[01:21:08.960 --> 01:21:15.920]  First, you have to make sure you can appeal. You don't know why the judge ruled how he ruled. So
[01:21:15.920 --> 01:21:23.040]  you can't say that he didn't rule correctly because you don't have the findings of fact
[01:21:23.040 --> 01:21:31.920]  and conclusions at law on which to base an appeal. So ask him for it. And when you file that,
[01:21:32.560 --> 01:21:41.040]  it stops the clock, stops your appellate clock. The motion for reconsideration is easy to write.
[01:21:41.040 --> 01:21:46.960]  You get it in and it stops the clock. They will dismiss it out of hand, but that resets that.
[01:21:46.960 --> 01:21:56.640]  We have a 15 day, a 10 day appellate clock. So motion for reconsideration stops that clock
[01:21:58.560 --> 01:22:02.560]  is another 10 days. And then you file for findings. When he denies it,
[01:22:02.560 --> 01:22:09.040]  you file for findings of fact and conclusions at law. And he'll refuse to do that. And by then
[01:22:09.040 --> 01:22:18.880]  you should have a interlocutory appeal. Wait a minute. Were there other issues before the court?
[01:22:21.600 --> 01:22:22.480]  In that matter?
[01:22:23.440 --> 01:22:23.680]  Yes.
[01:22:24.320 --> 01:22:28.160]  No, it was just a breach of the contract, but the-
[01:22:28.160 --> 01:22:31.680]  Oh, wait, wait, wait, wait, wait, wait. Okay. What I'm trying to get at is
[01:22:31.680 --> 01:22:41.360]  if this is a dispositive ruling, then you have to appeal. You can't do an interlocutory because
[01:22:42.320 --> 01:22:44.560]  it's a final decision.
[01:22:47.760 --> 01:22:53.040]  No, it's still not thrown out. I believe the next time I go to court though, they are going
[01:22:53.040 --> 01:22:57.520]  to throw it because they said that my claim was frivolous because I don't have a cause of action.
[01:22:57.520 --> 01:23:02.400]  They said a breach of agreement is not a cause of action.
[01:23:02.400 --> 01:23:08.800]  Then file an amended pleading and claim a breach of contract law, UCC.
[01:23:10.720 --> 01:23:14.240]  It's crazy that they would say breach of agreement is not a cause of action.
[01:23:16.560 --> 01:23:21.440]  I know it just, this matter was so simple. It should have just been in and out of court
[01:23:21.440 --> 01:23:25.440]  very, very easy. And that's what I told the judge. I was like, the only thing that you got to base
[01:23:25.440 --> 01:23:29.600]  this on is was there an agreement and was there a breach of agreement?
[01:23:30.240 --> 01:23:36.000]  It was really that simple. And my documents were very, very simple and straightforward.
[01:23:37.360 --> 01:23:40.720]  Well, maybe they need to be a little less simple and cover more bases.
[01:23:42.240 --> 01:23:50.080]  So the other thing, Randy, you might consider filing amended. Start this all over again.
[01:23:50.080 --> 01:23:56.480]  File what? Wait a minute. No.
[01:23:56.480 --> 01:24:01.200]  Yeah. Okay. If it's not a positive motion, you can file an amended pleading.
[01:24:03.440 --> 01:24:10.400]  Wait a minute. I don't have enough. He ruled that your only claim
[01:24:12.400 --> 01:24:16.560]  was it's what he just ruled against.
[01:24:16.560 --> 01:24:21.920]  Why are you having another hearing? This should be over.
[01:24:23.600 --> 01:24:29.920]  Because it was a motion to strike her defense. And I was demanding for an immediate judgment.
[01:24:30.560 --> 01:24:39.120]  So what he did is he threw out my motion, but my claim is still in the court. And he told her lawyer
[01:24:39.120 --> 01:24:46.480]  that he's not dismissing my claim because the lawyer never made an application to dismiss my claim.
[01:24:47.120 --> 01:24:52.720]  Right. It wasn't before the court. So he's telling this guy file a motion to dismiss and I'll grant
[01:24:52.720 --> 01:25:01.920]  it. So what you should do at this point is first off file and start preparing an amended pleading,
[01:25:01.920 --> 01:25:08.240]  but file a motion for reconsideration and put in that motion for reconsideration. The argument
[01:25:08.240 --> 01:25:17.200]  in the argument as to the fact that this is a contractual agreement and you obviously have
[01:25:17.840 --> 01:25:25.760]  contract law in Canada. I think everybody in Canada is so nice to each other they don't need it.
[01:25:27.920 --> 01:25:36.640]  Okay. Maybe not, but write a brief. You write your first brief on contract law.
[01:25:36.640 --> 01:25:44.560]  Make your argument out of contract law and file that with a motion for reconsideration.
[01:25:47.360 --> 01:25:55.680]  And he'll deny it. But then you take that and rewrite it as an appeal. Then you file that as
[01:25:55.680 --> 01:26:04.800]  an interlocutory. And that stops the clock again. So they can't get to the final hearing. So they
[01:26:04.800 --> 01:26:13.920]  blow you off. Okay. Does that make sense? So far, yes. Now also the defendant filed
[01:26:15.520 --> 01:26:20.960]  in her affidavit, she gave false statements of material fact. Now I brought that up in
[01:26:22.160 --> 01:26:26.000]  in an affidavit that I sent in and they completely ignored that fact.
[01:26:27.040 --> 01:26:33.440]  Okay. Take that affidavit and turn it into a verified criminal affidavit and file it
[01:26:33.440 --> 01:26:43.840]  too. How do criminal complaints get filed in Canada? Okay. Let me explain why I asked that
[01:26:43.840 --> 01:26:51.600]  question that way. In Texas and in the United States, a complaint is all complaints are directed
[01:26:51.600 --> 01:26:59.360]  to some magistrate, not to the prosecuting attorney, not to the police, but some magistrate
[01:26:59.360 --> 01:27:09.840]  and all judges are magistrates. What does Canada say about how a criminal charge gets initiated?
[01:27:12.880 --> 01:27:18.800]  I'm not too sure on that one. Because right now I am filing a private prosecution,
[01:27:18.800 --> 01:27:27.680]  but I think that's different. That is different. And filing a criminal affidavit into a civil case
[01:27:27.680 --> 01:27:36.240]  may or may not be allowed in Canada. What I did in this hearing, I just spoke to
[01:27:37.120 --> 01:27:46.240]  before the hearing was commenced. I gave these complaints to the judge. The judge is just sitting
[01:27:46.240 --> 01:27:53.600]  there. He's not, he doesn't have a hearing in the works. So he's not doing anything yet.
[01:27:53.600 --> 01:28:00.560]  So he's just a magistrate. He's a county judge, but he's also a magistrate. And the county judge
[01:28:00.560 --> 01:28:04.640]  is not busy. So you invoke his duty as a magistrate by giving him complaints.
[01:28:07.120 --> 01:28:11.920]  I told the senior district judge for Travis County, when I did that to him, he said that
[01:28:11.920 --> 01:28:17.360]  senior district judges don't take criminal complaints in Travis County. I said, well,
[01:28:17.360 --> 01:28:22.480]  your honor, I'm not here to invoke your duty as a district judge. I'm here to invoke your duty
[01:28:22.480 --> 01:28:28.640]  as a magistrate. And that's a duty from which you may not shield yourself. He looked over at the
[01:28:28.640 --> 01:28:34.400]  bailiff and looked back at me and I know what he was thinking. If I have my bailiff, shoot this guy.
[01:28:34.400 --> 01:28:50.560]  Okay. Check the law on that. Read the criminal procedure code on how a complaint is initiated.
[01:28:55.200 --> 01:29:01.200]  Okay. If the judge is a magistrate, you go in before hearing commences,
[01:29:01.200 --> 01:29:06.240]  you tell the judge, this is one of my favorite statements. I have business with the court that
[01:29:06.240 --> 01:29:12.400]  supersedes any business now before the court. I have some documents. May I approach? And generally
[01:29:12.400 --> 01:29:19.200]  they'll send the bailiff to get them, put it in a sealed envelope. And what the judge may do is
[01:29:19.200 --> 01:29:25.040]  ask what the business is. To have the business in these documents. May I present them to the court?
[01:29:25.040 --> 01:29:30.480]  And if he insists on knowing what it is, your honor, I am here by these verified criminal
[01:29:30.480 --> 01:29:25.040]  affidavits invoking your duty as an
[01:29:25.040 --> 01:29:30.400]  a magistrate. Now, if he refuses, now you get criminal charges against him.
[01:29:32.400 --> 01:29:41.520]  Then you ask the bailiff to arrest him. That's pretty fun. Okay, hang on. Randy Kelton, Brett Fountain,
[01:29:41.520 --> 01:29:58.480]  the Wheel of Law Radio, we'll be right back.
[01:30:11.520 --> 01:30:28.480]  I'm Dr. Catherine Albrecht, back with details in a moment.
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[01:34:24.480 --> 01:34:40.640]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Joe
[01:34:40.640 --> 01:34:45.960]  in Canada. Joe, do we have all your issues covered?
[01:34:45.960 --> 01:34:52.160]  One more quick thing. During the proceeding, I objected twice. The first time I objected,
[01:34:52.160 --> 01:34:57.880]  he ignored me. The second time I objected, he got mad at me for interrupting the other
[01:34:57.880 --> 01:35:01.200]  party while they were speaking. So I asked him-
[01:35:01.200 --> 01:35:05.760]  That should get judicial conduct complaints. Okay, because I asked him, I was like, are
[01:35:05.760 --> 01:35:11.040]  you claiming that I don't have the right to object in my claim? And he says, oh, I apologize.
[01:35:11.040 --> 01:35:13.960]  He says, I didn't hear you object. So-
[01:35:13.960 --> 01:35:19.080]  Oh, that's okay. Well, he backed up.
[01:35:19.080 --> 01:35:20.420]  What's that?
[01:35:20.420 --> 01:35:25.760]  He backed up. So you got your objection on the record.
[01:35:25.760 --> 01:35:32.640]  I did, but if he's claiming that he didn't hear me, then he shouldn't be presiding on
[01:35:32.640 --> 01:35:33.640]  the bench because-
[01:35:33.640 --> 01:35:40.560]  No, no, no. You're picking fights you don't want to have.
[01:35:40.560 --> 01:35:41.560]  Maybe.
[01:35:41.560 --> 01:35:48.120]  Be careful of the fights you choose. You will have opportunity to fight more battles than
[01:35:48.120 --> 01:35:55.640]  you could ever get to. Pick your fights real careful. Otherwise, you get so deluded, you
[01:35:55.640 --> 01:35:58.640]  can't do anything.
[01:35:58.640 --> 01:36:05.680]  That's a good example. Jane, if you're listening, that's what Jane is doing. She's picking every
[01:36:05.680 --> 01:36:09.840]  fight she can find and it keeps her scattered and running all over the place like a chicken
[01:36:09.840 --> 01:36:17.240]  with her head cut off. She can't get focused. Stay with what you're after. That will get
[01:36:17.240 --> 01:36:23.200]  you nowhere, especially if the judge apologized to you. We all miss something sometimes.
[01:36:23.200 --> 01:36:28.160]  Yeah, but I know it was done on purpose. That's why.
[01:36:28.160 --> 01:36:37.720]  Could be, but you called him on it and he apologized on the record. That's pretty good.
[01:36:37.720 --> 01:36:40.640]  I don't get judges apologizing to their behavior.
[01:36:40.640 --> 01:36:41.640]  Right.
[01:36:41.640 --> 01:36:49.560]  To me. Then if you go and try to make a big deal out of that, then that's going to make
[01:36:49.560 --> 01:36:55.200]  you look bad because he already apologized right there in real time.
[01:36:55.200 --> 01:37:00.920]  All right, fair enough. All right, that's it for me. Thank you.
[01:37:00.920 --> 01:37:07.080]  Okay. Thank you, Joe. Now we're going to go to a very special caller I've been waiting
[01:37:07.080 --> 01:37:12.160]  for. Marty Shea, talk to us.
[01:37:12.160 --> 01:37:15.160]  Hey, Randy. Hey, Norm, Randy.
[01:37:15.160 --> 01:37:17.920]  Doing good. You got a story for us.
[01:37:17.920 --> 01:37:29.120]  Yeah. Well, one story where I helped the individual out with a couple of guns that got taken away.
[01:37:29.120 --> 01:37:35.560]  Troy was speaking to somebody that was in the gym and then told him what happened to
[01:37:35.560 --> 01:37:41.000]  him and he started directing him to me. I spoke to him and he was telling me that the
[01:37:41.000 --> 01:37:46.520]  police officer took this, pulled him over. He had a whole bunch of guns in the car. He
[01:37:46.520 --> 01:37:54.240]  had a, which he was licensed for. They took the gun. I'm like, what did they take your
[01:37:54.240 --> 01:37:57.240]  jail for? He said, hey, you take jail for nothing. You're taking guns. I'm like, you
[01:37:57.240 --> 01:38:02.840]  didn't get back to me? Like, no, they say have a gun. This is almost been nearly two
[01:38:02.840 --> 01:38:08.920]  years. I said, what? He was like, yeah, you know, he's trying to figure out what to do.
[01:38:08.920 --> 01:38:15.040]  You want to sue him and all this stuff and all that. Can I teach him how to do it? I'm
[01:38:15.040 --> 01:38:23.200]  like, man, I would. It's not that easy. It's not that simple. But before we do all that,
[01:38:23.200 --> 01:38:29.880]  who is this? We were like, oh, this is a Maryland police. I said, Maryland? I just sued them.
[01:38:29.880 --> 01:38:35.360]  They said, yeah, just sued them. So let's try this first because teaching you is going
[01:38:35.360 --> 01:38:44.680]  to be a whole other world. One, he's far removed from having the ability to pick all this stuff
[01:38:44.680 --> 01:38:55.160]  up and digest it and then go perform it. So I was like, look, you go call them, call the
[01:38:55.160 --> 01:39:03.880]  city attorney and tell him the situation very politely, and then tell him that you want
[01:39:03.880 --> 01:39:12.200]  your guns returned or you're going to have to partner up with me in order to file suit
[01:39:12.200 --> 01:39:23.720]  against the city to get his guns back. In my head, I'm just being a bully, but at least
[01:39:23.720 --> 01:39:32.320]  I got this guy going down the right rabbit hole and give me time to teach him what he
[01:39:32.320 --> 01:39:40.800]  needs to learn instead of just giving him something to do. So me, even I thought, I'm
[01:39:40.800 --> 01:39:50.360]  like, man, you are a bully. I knew that I was just asking the trouble. You're just taking
[01:39:50.360 --> 01:39:58.240]  the fight now. So the guy said, are you sure? I'm like, yeah, just do it. Then they'll tell
[01:39:58.240 --> 01:40:05.720]  you no, whatever, but at least you contacted the right people. And he said, okay, all right.
[01:40:05.720 --> 01:40:13.320]  That's where we began first. So he goes there about a week or two later. He calls me out
[01:40:13.320 --> 01:40:18.760]  and he tells me, he's like, look, I called him up and I suspended to them and the lady
[01:40:18.760 --> 01:40:24.760]  was just sitting there like, it was the city attorney assistant. She was just sitting there,
[01:40:24.760 --> 01:40:30.640]  you know, just listening to me, uh-huh, uh-huh, uh-huh. And she was like very nonchalant and
[01:40:30.640 --> 01:40:36.280]  everything. And then at the end I was like, yeah, I would like my guns returned or I'm
[01:40:36.280 --> 01:40:42.880]  going to have to partner up with Mr. Olivier in order to file suit. You heard of Mr. Olivier?
[01:40:42.880 --> 01:40:50.480]  They're like, yeah. And he's like, oh, um, she said that once he said my name, he said
[01:40:50.480 --> 01:40:54.840]  the whole tone, the whole tone of the conversation changed.
[01:40:54.840 --> 01:40:55.840]  Okay.
[01:40:55.840 --> 01:41:00.960]  They started seeing their life flash before their eyes.
[01:41:00.960 --> 01:41:11.240]  No, no, no. That's not what it was. She checked her Christmas list and your name was on it.
[01:41:11.240 --> 01:41:18.520]  I don't know why he said the whole time. He said that she was ready to write his name
[01:41:18.520 --> 01:41:26.080]  down and get which officers took the gun, the date and everything. I'm like, what? You're
[01:41:26.080 --> 01:41:30.720]  like, yeah, man, I don't know what you did or what you're doing, but man, as soon as
[01:41:30.720 --> 01:41:35.360]  I say your name, it was a whole other story. She was ready to write down stuff and telling
[01:41:35.360 --> 01:41:42.320]  me that they're going to contact me immediately. I'm like, okay, well, we'll see what they
[01:41:42.320 --> 01:41:49.360]  say when they contact you and then we'll move from there. In my head, in my head, it's impossible.
[01:41:49.360 --> 01:41:53.440]  I know you take guns. When you take guns, this is a serious thing. It's impossible.
[01:41:53.440 --> 01:41:57.280]  I'm like, this is impossible, but at least they're talking to you. I'm like, okay. So
[01:41:57.280 --> 01:42:03.120]  in my head, I'm like, I'm still getting prepared to help teach him, you know, getting stuff
[01:42:03.120 --> 01:42:10.400]  ready, a method of teaching him because he's so far removed from, you know, the ability
[01:42:10.400 --> 01:42:17.520]  to obtain all this information at once. So I'm sitting there thinking in my head, now
[01:42:17.520 --> 01:42:22.960]  he called me back two, two, two and a half weeks later and he's always trying to, he's
[01:42:22.960 --> 01:42:26.960]  like, yeah, man, we'll call her later. Like, yeah, hey, hey, look, you know, I'm working
[01:42:26.960 --> 01:42:31.040]  on something. I'm trying to get some work done. So I don't want to pick up the phone,
[01:42:31.040 --> 01:42:36.000]  but I knew that, you know, I gotta, I gotta help people help me. So I gotta help other
[01:42:36.000 --> 01:42:41.200]  people. I picked up the phone. He's all hyped up. I'm like, hey, what's going on? He's like,
[01:42:41.200 --> 01:42:47.040]  man, from Grand Fair just went over the recording on the phone and the city attorney called
[01:42:47.040 --> 01:42:52.400]  me and they told me that my guns in the office and they will want me to come pick them up.
[01:42:52.400 --> 01:42:57.440]  I'm like, what did you just say? He's like, yeah, they say that they got the guns in the
[01:42:57.440 --> 01:43:04.560]  office. They found they got all the guns and some of these are some big guns, 50 caliber
[01:43:04.560 --> 01:43:10.560]  guns. These are some of these, these are some big guns. I'm like, what? He's like, yeah,
[01:43:10.560 --> 01:43:15.120]  man, they got them out of the office right here waiting for me. They said, just for me
[01:43:15.120 --> 01:43:20.800]  to come, for me to come get them. I said, in the city attorney's office? He's like,
[01:43:20.800 --> 01:43:25.040]  yeah. You know what I'm saying? And I'm just sitting there like in my head, just trying
[01:43:25.040 --> 01:43:29.200]  to calculate this. Everything is wrong, right? And he's like, what's wrong, man? How come
[01:43:29.200 --> 01:43:35.680]  you're not celebrating, man? I'll be talking about how bad I am. And I said, don't worry
[01:43:35.680 --> 01:43:40.080]  about it. As soon as we get off the phone, me and my partner, we're going to celebrate.
[01:43:40.080 --> 01:43:45.360]  But right now, I just need to make sure I help you follow through with these procedures.
[01:43:45.360 --> 01:43:51.920]  Okay, hang on. We're about to go to our sponsors. When we come back, I heard the whole story. Now,
[01:43:51.920 --> 01:43:56.400]  I know exactly where those guns were. And I think you do too, Marty Shag. Randy Kelton,
[01:43:56.400 --> 01:44:01.840]  Brett Fountain, we'll be right back. Are you being harassed by debt collectors
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[01:46:24.800 --> 01:46:43.040]  Okay, we are back. Randy Felton, Brett Felton, Rule of Law Radio. And Ken,
[01:46:44.480 --> 01:46:52.320]  we are not likely to get to you. Marjah has another story to tell, so we probably won't get
[01:46:52.320 --> 01:46:57.360]  to you tonight. If you'll call back tomorrow, I'll bump you to the top. You there, Ken?
[01:46:58.720 --> 01:47:05.040]  Yeah. Okay, call back tomorrow and I'll bump you to the top. Marjah's got another good story that's
[01:47:05.040 --> 01:47:09.360]  somewhat complex, but don't hang up. I think you'll like hearing it.
[01:47:10.480 --> 01:47:19.360]  Okay. Okay, now we're going to back to Marjah. Okay, where were you? You're just getting the
[01:47:19.360 --> 01:47:26.080]  guns back and I, when you told me earlier, there was a part that was left out, that they never
[01:47:26.080 --> 01:47:32.640]  filed any complaints against him. And when I heard it this time, it was clear to me where those guns
[01:47:32.640 --> 01:47:42.000]  were. You know where they were, don't you, Artichet? No, they were in these cops' houses.
[01:47:42.640 --> 01:47:47.680]  They stopped this guy. They didn't file any complaint against him, so there's no record.
[01:47:47.680 --> 01:47:53.280]  They just stole his guns from him. That's felony theft.
[01:47:55.760 --> 01:48:01.600]  And because the city attorney had them and not the DA, so they weren't in property
[01:48:03.600 --> 01:48:08.560]  because property's not going to release them without the proper paperwork. There was no
[01:48:08.560 --> 01:48:15.040]  paperwork. These cops stole these guns and that lawyer told him, you better get those back in here
[01:48:15.040 --> 01:48:22.960]  right now. You do not want this guy after you. You should have this guy sue you. Charge the
[01:48:22.960 --> 01:48:29.600]  officers criminally with felony theft. We can't have police officers stealing guns from the public.
[01:48:30.160 --> 01:48:36.560]  We just can't have that. Right, so some of them make sense. How did they get into the city
[01:48:36.560 --> 01:48:41.600]  attorney's office without no documents, without no procedure? Just come get your guns.
[01:48:41.600 --> 01:48:46.080]  Yeah, they've probably got lots of guns they've stolen this way.
[01:48:46.080 --> 01:48:51.040]  That's real suspicious. We cannot have thieves with guns.
[01:48:54.400 --> 01:48:59.920]  If they're thieves, they need to get that gun off their hip and go sit in prison for a while
[01:48:59.920 --> 01:49:06.960]  and get introduced to Jerome, who'll want to be their buddy.
[01:49:06.960 --> 01:49:22.800]  Right. I guess he was supposed to leave the attorneys out of it. I told him to request
[01:49:22.800 --> 01:49:28.800]  the assistant and he would leave their name out of it. He don't want anymore bar agreements.
[01:49:28.800 --> 01:49:38.720]  You know, and because I warned the attorney last time, the next time that his cops touch me,
[01:49:38.720 --> 01:49:44.880]  that I'm going to include his name in the suit personally. And he's a little creep.
[01:49:45.840 --> 01:49:50.640]  You know what I'm saying? You got his attention.
[01:49:51.760 --> 01:49:57.120]  You help me out, then I won't include you in the suit, but I'm going to have to get Mr.
[01:49:57.120 --> 01:50:02.240]  Lee Day to help me if I don't get my guns back. His guns came right back home.
[01:50:03.760 --> 01:50:09.760]  No doubt. He called those policemen, told them, you get home, get those guns and get them back in
[01:50:09.760 --> 01:50:18.720]  here. And the funny thing about it is the suit that I filed against them failed. It didn't fail.
[01:50:18.720 --> 01:50:25.360]  I just wasn't able to finish processing it because of the electronic process system that
[01:50:25.360 --> 01:50:35.600]  they're applying right now. But even though I didn't win the case, I still made an impression.
[01:50:36.480 --> 01:50:41.280]  Yo, that's the good thing about a lawsuit. You got their attention.
[01:50:42.560 --> 01:50:49.120]  You know, they hear people say, well, sue you for everything you got. They hear that over and over
[01:50:49.120 --> 01:50:56.720]  and over. I do not threaten to sue. I don't threaten to file criminal complaints. I don't
[01:50:56.720 --> 01:51:03.120]  give fair warning. I just do it. And that's what you did. So you don't have to tell him
[01:51:03.120 --> 01:51:08.480]  you'll sue him. He already knows you will. Okay. You have another issue.
[01:51:09.200 --> 01:51:16.240]  Right. Right. The license issue, right? But now I'm figuring, how do I attack it?
[01:51:16.240 --> 01:51:23.040]  Because I thought my case that I filed before on the city would address everything, right?
[01:51:23.040 --> 01:51:30.560]  But like I said, the electronic filing made it not go through. So now I'm thinking to myself,
[01:51:30.560 --> 01:51:37.520]  well, I have to address this. I have to find a way to address this. I went and re-read the case
[01:51:37.520 --> 01:51:44.000]  with Tennessee. And I figured out that, because in my head, I was going to use their case to go
[01:51:44.000 --> 01:51:51.760]  ahead and defeat my case. But when I re-read all the cases from case one, all the way up and down,
[01:51:52.720 --> 01:52:00.320]  these guys are snakes. They represented the defendants, right? They challenged the statute.
[01:52:00.320 --> 01:52:08.080]  They won the challenge. The court said that this is unconstitutional. The state appealed it.
[01:52:08.080 --> 01:52:15.600]  While the state appealed it, the state went back and changed the statute. The state went back and
[01:52:15.600 --> 01:52:24.240]  changed the statute. But now they're going back and forth in court. Now the district, the appeal
[01:52:24.240 --> 01:52:31.440]  court states, tells them that, well, since the statute has changed, we have to reconsider the
[01:52:31.440 --> 01:52:38.720]  argument. And so they went back and redid the argument, right? And then in the argument, now
[01:52:38.720 --> 01:52:47.840]  they said that, oh, well, because they changed the statute, our grievance is no longer there.
[01:52:47.840 --> 01:52:51.120]  So they were like, well, since the grievance is no longer there-
[01:52:51.120 --> 01:52:53.760]  No, no, no, no, no, no, no, no. That don't work that way.
[01:52:53.760 --> 01:53:01.840]  Well, the day you sue, you sue based on the state of the law, the day you sue.
[01:53:02.880 --> 01:53:09.120]  Yeah. They change it the next day. That's different. You gotta stick with what you got.
[01:53:09.920 --> 01:53:16.240]  And sometimes that's difficult if you're suing and from something that's old, like you've
[01:53:16.240 --> 01:53:23.600]  got them in court and had them in court for five or seven years. And finally, they dismiss
[01:53:25.200 --> 01:53:34.880]  and you file an amended pleading. Everything is adjudicated based on the state of the law
[01:53:34.880 --> 01:53:46.320]  when the suit was filed or when the incidents occurred. Otherwise, it would be expo facto.
[01:53:48.000 --> 01:53:56.320]  It makes sense to me, but through reasoning, they ended up deciding that it makes sense,
[01:53:56.320 --> 01:54:04.800]  it makes sense, but they didn't file for 1983 or something. What they did was just challenge the
[01:54:04.800 --> 01:54:12.640]  statute saying that it violated indigent defendants' rights. In that case, they're right.
[01:54:13.840 --> 01:54:20.880]  Right. So that's where I read the case. I'm like, yo, these are sleazeballs. At the end of the day,
[01:54:20.880 --> 01:54:27.760]  they called the case mute, but the attorneys who represented the indigent defendant ended up
[01:54:27.760 --> 01:54:42.400]  gaining $500,000. Indigent defendants got nothing because the case was moot. They got the ability
[01:54:42.400 --> 01:54:48.960]  to get their license back by some type of verbiage that doesn't even seem. They just added another
[01:54:48.960 --> 01:54:58.160]  section in there, basically saying that you can go address the court and make them notify them that
[01:54:58.160 --> 01:55:06.640]  you're indigent to get a process, to get your license back. So when I read the case, I'm like,
[01:55:06.640 --> 01:55:14.000]  these attorneys wrote it up just so they could make money, not to help the indigent defendants
[01:55:14.000 --> 01:55:21.840]  at mass. Because in that case, the judge wrote an order that said that the state was supposed to
[01:55:21.840 --> 01:55:29.520]  stop the suspension licensing scheme, return 200,000, almost 300,000 licenses to reverse
[01:55:29.520 --> 01:55:36.560]  the suspension and do all these things, right, in the order. But because they, at the end,
[01:55:36.560 --> 01:55:46.880]  it settles on mute, on moot, now that order is nowhere. It's dead. Yeah, moot. Moot. Think
[01:55:46.880 --> 01:55:58.240]  of a cow mooing and somebody whacks him in the butt. Moot? So all the verdicts that it got are
[01:55:58.240 --> 01:56:02.960]  nothing now. So all those 300,000 people that were supposed to get their license turned over,
[01:56:02.960 --> 01:56:13.200]  nothing is dead now. So I got mad at that. But in turn, the judges dissented, dropped all these
[01:56:13.200 --> 01:56:18.880]  rules and information from the youth. And I was mad at the fact, like, yo, I thought Tennessee
[01:56:18.880 --> 01:56:24.560]  was going to take care of this, but they actually buried it. But the judges on their dissenting
[01:56:24.560 --> 01:56:29.840]  decision, and they pointed out all these constitutional things. And then I figured out
[01:56:29.840 --> 01:56:35.440]  now, like, okay, now I know how to attack it. Leave this challenge in the statute because
[01:56:36.000 --> 01:56:42.480]  that is a game that they know, they figured out how to beat. That's just something to,
[01:56:42.480 --> 01:56:49.680]  you know, antagonize them and maybe make them spend money. But now what do I have to do? I have
[01:56:49.680 --> 01:56:58.960]  to suspend them on 1983. And then now I track them. That event has already happened. The action has
[01:56:58.960 --> 01:57:03.600]  already happened. You can't do anything about it. So I was going through the research, trying to
[01:57:03.600 --> 01:57:10.480]  figure out, you know, all the processes and everything. Notices, how to put them on notice
[01:57:10.480 --> 01:57:15.120]  and everything. See if there was a requirement to do that because I didn't want to start the
[01:57:15.120 --> 01:57:24.400]  ball this time. So I went to find out the federal, for 1983, there cannot be no notice requirement
[01:57:24.400 --> 01:57:32.160]  because 1983 is a federal vehicle and it can be used in the state court. And they have state
[01:57:32.160 --> 01:57:43.680]  courts try to knock it down because of failure to notice the plane. The United States Supreme
[01:57:43.680 --> 01:57:49.920]  Court ruled that that cannot happen because it is a federal vehicle. It would be superspeeding that.
[01:57:49.920 --> 01:57:57.120]  So that could happen. Can you send that to me in writing? I would like to read that
[01:57:58.800 --> 01:58:03.600]  to better understand it. There's some questions I have, but we're out of time
[01:58:03.600 --> 01:58:09.120]  for today. I'd like to be able to read that. That is an interesting issue.
[01:58:09.120 --> 01:58:18.000]  Okay. I got the case and then I'll call you tomorrow to tell you about what the Florida
[01:58:18.000 --> 01:58:23.760]  finance department told me today. Oh, that was the one we wanted to get to you. That was interesting.
[01:58:23.760 --> 01:58:30.960]  So good. Call in tomorrow. I want everybody to hear this one. Okay. Thank you all for listening.
[01:58:31.840 --> 01:58:38.320]  We are about out of time. We will be back tomorrow night on our four hour info marathon
[01:58:38.320 --> 01:58:46.320]  starting at eight o'clock central on rule of law radio. Thank you all for listening and good night.
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