ROL_2022-10-06_16k.timecode

[00:00.000 --> 00:06.320]  The Bill of Rights contains the first ten amendments of our Constitution that guarantee
[00:06.320 --> 00:09.520]  the specific freedoms Americans should know and protect.
[00:09.520 --> 00:10.920]  Our liberty depends on it.
[00:10.920 --> 00:14.920]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.920 --> 00:17.040]  your First Amendment rights.
[00:17.040 --> 00:18.600]  Privacy is under attack.
[00:18.600 --> 00:22.240]  When you give up data about yourself, you'll never get it back again.
[00:22.240 --> 00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.000 --> 00:32.080]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.080 --> 00:34.760]  Privacy, it's worth hanging on to.
[00:34.760 --> 00:39.040]  This public service announcement is brought to you by Startpage.com, the private search
[00:39.040 --> 00:42.600]  engine alternative to Google, Yahoo, and Bing.
[00:42.600 --> 00:44.800]  Start over with Startpage.
[00:44.800 --> 00:47.880]  Spar, it's what fighters do.
[00:47.880 --> 00:50.840]  It's also how I remember the five guarantees of the First Amendment.
[00:50.840 --> 00:54.560]  If you plan to take away my rights, I'm going to spar with you.
[00:54.560 --> 01:01.680]  Spar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.680 --> 01:03.160]  and R for religion.
[01:03.160 --> 01:07.080]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.080 --> 01:10.600]  assembly, and religion, but petition for redress is another matter.
[01:10.600 --> 01:14.680]  We have the right to petition the government for a redress of grievances.
[01:14.680 --> 01:18.200]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.200 --> 01:20.880]  the reasons without fear of being thrown into jail.
[01:20.880 --> 01:31.200]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31.200 --> 01:34.840]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.840 --> 01:38.320]  They guarantee the specific freedoms Americans should know and protect.
[01:38.320 --> 01:39.760]  Our liberty depends on it.
[01:39.760 --> 01:43.680]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.680 --> 01:46.820]  one of your constitutional rights.
[01:46.820 --> 01:48.400]  Privacy is under attack.
[01:48.400 --> 01:52.040]  When you give up data about yourself, you'll never get it back again.
[01:52.040 --> 01:56.800]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.800 --> 02:01.920]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.920 --> 02:04.560]  Privacy, it's worth hanging on to.
[02:04.560 --> 02:08.840]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.840 --> 02:12.380]  engine alternative to Google, Yahoo, and Bing.
[02:12.380 --> 02:15.960]  Start over with StartPage.
[02:15.960 --> 02:20.320]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.320 --> 02:22.380]  of Rights in a big old bear hug.
[02:22.380 --> 02:26.880]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.880 --> 02:30.720]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.720 --> 02:31.720]  Get it?
[02:31.720 --> 02:34.040]  Two arms, bear hug, bear arms?
[02:34.040 --> 02:37.640]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.640 --> 02:43.400]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.400 --> 02:47.920]  conduct, one more safeguard against the tyranny which now appears remote in America, but which
[02:47.920 --> 02:50.640]  historically has proved to always be possible.
[02:50.640 --> 02:52.520]  I'm Dr. Catherine Albrecht.
[02:52.520 --> 03:15.960]  More news and information at CatherineAlbrecht.com.
[03:15.960 --> 03:28.440]  Oh, yeah!
[03:28.440 --> 03:32.440]  Bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.440 --> 03:38.440]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.440 --> 03:43.440]  When you were eight and you had bad traits You'd go to school and learn the golden rules
[03:43.440 --> 03:49.440]  So why are you acting like a bloody fool? If you get high then you might just cool
[03:49.440 --> 03:54.440]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:54.440 --> 04:00.440]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:00.440 --> 04:05.440]  You chuck it on that one, you chuck it on this one You chuck it on your mother and you chuck it on your father
[04:05.440 --> 04:08.440]  You chuck it on your brother and you chuck it on your sister
[04:08.440 --> 04:10.440]  You chuck it on that one and you chuck it on me
[04:10.440 --> 04:16.440]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:16.440 --> 04:21.440]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:21.440 --> 04:26.440]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do?
[04:26.440 --> 04:28.440]  Okay, howdy, howdy.
[04:28.440 --> 04:31.440]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do?
[04:31.440 --> 04:39.440]  On this day of October 2022.
[04:39.440 --> 04:42.440]  And we're going to start out with a little disappointment.
[04:42.440 --> 04:47.440]  I was sure that Brett was going to wind up in jail today.
[04:47.440 --> 04:50.440]  But he ruined all our fun.
[04:50.440 --> 04:55.440]  Tell us what happened at court today, Brett.
[04:55.440 --> 05:00.440]  Well, I guess my disappointment is that the attorneys are not in jail.
[05:00.440 --> 05:03.440]  But I think they deserve to be.
[05:03.440 --> 05:06.440]  And I'll work on that.
[05:06.440 --> 05:13.440]  But yeah, I thought I was going to maybe get to have the first examining trial that anybody's seen.
[05:13.440 --> 05:18.440]  I never really expected to ever get one or to see anybody get one.
[05:18.440 --> 05:21.440]  However, they scheduled one.
[05:21.440 --> 05:23.440]  And it was supposed to happen today.
[05:23.440 --> 05:26.440]  But they really didn't know how to do one.
[05:26.440 --> 05:35.440]  And the lawyer that I embarrassed so badly this last time for his lawlessness
[05:35.440 --> 05:40.440]  and his being unprepared, completely, utterly incompetent.
[05:40.440 --> 05:45.440]  And, you know, I didn't have to really do anything in particular to get him embarrassed.
[05:45.440 --> 05:52.440]  It's just he embarrassed himself and I brought it to the attention of the court.
[05:52.440 --> 05:58.440]  But this time he brought a buddy along, like one of these lifeline, you know.
[05:58.440 --> 06:02.440]  He got a special prosecutor bring in the big guns.
[06:02.440 --> 06:15.440]  And the guy that was there had kind of a college attitude and slicked back hair.
[06:15.440 --> 06:21.440]  And this guy, he seemed to think a lot of himself.
[06:21.440 --> 06:28.440]  And yet he didn't seem to have any more command of the law than the first guy did.
[06:28.440 --> 06:32.440]  So they went back and forth and did a lot of whispering to each other.
[06:32.440 --> 06:36.440]  And over the course of three hours, Randy, I'm not kidding you,
[06:36.440 --> 06:44.440]  three hours we went through all kinds of things that was missing in due process.
[06:44.440 --> 06:51.440]  And they ended up, everything that they said to the judge, she bought it.
[06:51.440 --> 06:55.440]  Everything I said, she denied it, overruled it, whatever.
[06:55.440 --> 07:01.440]  And I, you know, preserved the error and we went through the motions.
[07:01.440 --> 07:05.440]  So that's, there's a whole lot of bar grievances and criminal complaints
[07:05.440 --> 07:09.440]  that need to happen out of this or that they earned anyway.
[07:09.440 --> 07:12.440]  If we can keep up with all their prolific lawlessness.
[07:12.440 --> 07:15.440]  But yep, that's what happened today.
[07:15.440 --> 07:18.440]  We had no examining trial.
[07:18.440 --> 07:26.440]  They pretty much decided between the lawyers, they decided and convinced the court
[07:26.440 --> 07:29.440]  that a complaint is an indictment.
[07:29.440 --> 07:32.440]  A complaint is a charging instrument.
[07:32.440 --> 07:36.440]  And it didn't seem to matter that I brought to the attention of the judge
[07:36.440 --> 07:40.440]  that the Texas legislature fixed that for us.
[07:40.440 --> 07:41.440]  And it wasn't recent.
[07:41.440 --> 07:43.440]  That was 1999.
[07:43.440 --> 07:48.440]  He's referencing code of criminal procedure 45.01 that used to say
[07:48.440 --> 07:53.440]  a complaint is the charging instrument and they're still running with it.
[07:53.440 --> 07:57.440]  And I said, well, your honor, I think they've had time to catch up.
[07:57.440 --> 08:00.440]  That's 23 years ago.
[08:00.440 --> 08:04.440]  So, you know, one thing after another, we just went through the process
[08:04.440 --> 08:11.440]  of addressing a lot of due process issues and defects.
[08:11.440 --> 08:19.440]  But that judge, you know, Randy, I really, I feel like that the JPs of the world,
[08:19.440 --> 08:26.440]  since they're not bar card carrying attorneys, like most of the judges are,
[08:26.440 --> 08:36.440]  they seem to be impressed or somehow have a high regard for what drivel
[08:36.440 --> 08:39.440]  falls out of the mouth of an attorney.
[08:39.440 --> 08:43.440]  So we have these attorneys over here saying all kinds of things, making up law.
[08:43.440 --> 08:47.440]  And it didn't seem to faze anybody that I would object and say,
[08:47.440 --> 08:50.440]  hearsay, object, he's making up stuff.
[08:50.440 --> 08:53.440]  And that's baseless and objection, relevance.
[08:53.440 --> 08:56.440]  And the judge wanted to hear everything they had to say.
[08:56.440 --> 08:58.440]  And the judge ruled whatever they said.
[08:58.440 --> 09:03.440]  And when I would ask the judge, I said, okay, denied,
[09:03.440 --> 09:05.440]  make a little check mark on my list.
[09:05.440 --> 09:09.440]  I had a list ready with me of all the different things that I needed to address
[09:09.440 --> 09:13.440]  and check boxes for whether it was going to be, you know,
[09:13.440 --> 09:18.440]  my motion would be denied, granted, or whether there was any opposition to it.
[09:18.440 --> 09:23.440]  I checked these little boxes as I go so I can keep track of what were the grounds.
[09:23.440 --> 09:26.440]  Were there any grounds? Was it insufficient grounds?
[09:26.440 --> 09:27.440]  And so I checked these boxes.
[09:27.440 --> 09:30.440]  And on every one of them, she ruled against me.
[09:30.440 --> 09:33.440]  And on every one of them, she had no grounds.
[09:33.440 --> 09:39.440]  She would rule against me and I would ask, okay, on what grounds, Your Honor?
[09:39.440 --> 09:43.440]  And she would just sit there with her chin in her hand
[09:43.440 --> 09:50.440]  and kind of wiggle her finger around on her lip and tell me,
[09:50.440 --> 09:54.440]  that's my ruling, it's denied, it's just denied.
[09:54.440 --> 09:57.440]  Next.
[09:57.440 --> 10:03.440]  And we went like that through the entire list of probably 60 items that I had.
[10:03.440 --> 10:08.440]  And the last one was a motion for judicial disqualification.
[10:08.440 --> 10:12.440]  Already, can you guess? Just venture a little guess.
[10:12.440 --> 10:21.440]  What do you think, what happened when she got a motion for her own judicial disqualification?
[10:21.440 --> 10:26.440]  What do you think she did?
[10:26.440 --> 10:29.440]  Ready either?
[10:29.440 --> 10:34.440]  Well, I'll tell you what she did, she's going to deny it.
[10:34.440 --> 10:36.440]  I had not muted.
[10:36.440 --> 10:38.440]  I was going to say, don't tell me she denied it.
[10:38.440 --> 10:43.440]  There's no way she would be that arrogant.
[10:43.440 --> 10:44.440]  Yep, and I even cautioned her.
[10:44.440 --> 10:47.440]  I said, and Your Honor, just a little side note here.
[10:47.440 --> 10:57.440]  This motion is not really one for you to render a ruling on since it's your disqualification that's fought here.
[10:57.440 --> 11:08.440]  This is actually something for a higher judge to make a decision on whether it'll be disqualified.
[11:08.440 --> 11:12.440]  And then she did the same pattern where she just would lean over
[11:12.440 --> 11:19.440]  and kind of gesture in motion to the other little attorney guys over there.
[11:19.440 --> 11:21.440]  And whatever they had to say, she just did it.
[11:21.440 --> 11:26.440]  So they told her that she can deny that request.
[11:26.440 --> 11:28.440]  And she did.
[11:28.440 --> 11:32.440]  Did you ask the bailiff to arrest her?
[11:32.440 --> 11:33.440]  To arrest her? No?
[11:33.440 --> 11:34.440]  Yeah.
[11:34.440 --> 11:36.440]  You know what? I really, I wish I had.
[11:36.440 --> 11:39.440]  It was later on. It was about, I don't know, an hour after I left.
[11:39.440 --> 11:43.440]  And I just, it clicked with me and I said, there was a bailiff, there was a constable.
[11:43.440 --> 11:45.440]  He was sitting right there.
[11:45.440 --> 11:48.440]  I could have asked him to get involved.
[11:48.440 --> 11:50.440]  Why didn't I think of that?
[11:50.440 --> 11:56.440]  He's involved anyway.
[11:56.440 --> 11:59.440]  If he's the constable, he was the bailiff.
[11:59.440 --> 12:01.440]  Yeah, he saw the whole thing happen.
[12:01.440 --> 12:04.440]  But he didn't necessarily know what is going on.
[12:04.440 --> 12:10.440]  His problem.
[12:10.440 --> 12:11.440]  Are you still there?
[12:11.440 --> 12:17.440]  Randy, you kind of dropped off there.
[12:17.440 --> 12:21.440]  Not hearing you.
[12:21.440 --> 12:26.440]  You were saying the constable, he has a responsibility.
[12:26.440 --> 12:27.440]  Oh, there he is.
[12:27.440 --> 12:31.440]  Am I back? Okay.
[12:31.440 --> 12:36.440]  Uh oh, we lost you again.
[12:36.440 --> 12:39.440]  Are you, you got a new mic cable or something?
[12:39.440 --> 12:40.440]  No.
[12:40.440 --> 12:41.440]  Okay, you're back. Yes.
[12:41.440 --> 12:42.440]  Okay. Okay.
[12:42.440 --> 12:50.440]  The fact that he didn't know the law is his problem, not your problem.
[12:50.440 --> 12:53.440]  He has a duty to keep the peace.
[12:53.440 --> 12:58.440]  And since he is a constable, he's expected to know his business.
[12:58.440 --> 13:02.440]  And if he doesn't, he's screwed.
[13:02.440 --> 13:04.440]  Screws VUS.
[13:04.440 --> 13:07.440]  That's right.
[13:07.440 --> 13:16.440]  He is required to know not only the law, but all of the case law affecting that law.
[13:16.440 --> 13:18.440]  No, this guy.
[13:18.440 --> 13:22.440]  No, he doesn't have a clue.
[13:22.440 --> 13:34.440]  He who violates the ruling of this court, if he be sane, he may not be heard to say he knows not what he does.
[13:34.440 --> 13:35.440]  That's true.
[13:35.440 --> 13:41.440]  When I was last time I was in court in Victoria County, I asked the bailiff to arrest the judge.
[13:41.440 --> 13:44.440]  Oh, that was so much fun.
[13:44.440 --> 13:54.440]  I quoted Walker v. Packer, the judge has no discretion in properly applying the law to the facts.
[13:54.440 --> 13:58.440]  A failure to do so is an abuse of discretion.
[13:58.440 --> 14:12.440]  And then I said, an abuse of discretion that has the effect of denying a citizen full and free access to her enjoyment of right is a Class A misdemeanor violation 39.03 Texas Penal Code official oppression.
[14:12.440 --> 14:16.440]  Mr. Bailiff, arrest that judge.
[14:16.440 --> 14:18.440]  And he just stood there.
[14:18.440 --> 14:21.440]  Well, I bet he's never even had anybody address him.
[14:21.440 --> 14:26.440]  He's probably never had even one person ever look over to him and try to get his attention.
[14:26.440 --> 14:29.440]  Mr. Bailiff, probably never happened.
[14:29.440 --> 14:30.440]  Probably not.
[14:30.440 --> 14:34.440]  But I turned to him and I said, Mr. Bailiff, you're standing mute.
[14:34.440 --> 14:38.440]  Arrest that judge.
[14:38.440 --> 14:42.440]  He did not move a muscle.
[14:42.440 --> 14:48.440]  I didn't go into the take off your chicken soup routine or none of that.
[14:48.440 --> 14:51.440]  If he had opened his mouth, I would have.
[14:51.440 --> 14:56.440]  But I will be filing criminal charges against him.
[14:56.440 --> 15:05.440]  So I suspect these get a bar grievance.
[15:05.440 --> 15:09.440]  Judge.
[15:09.440 --> 15:12.440]  Seventy.
[15:12.440 --> 15:14.440]  Did we lose you?
[15:14.440 --> 15:17.440]  I must have.
[15:17.440 --> 15:18.440]  Can you hear me?
[15:18.440 --> 15:22.440]  OK, now I heard you say bar grievance.
[15:22.440 --> 15:27.440]  Bar grievance for each time they miss.
[15:27.440 --> 15:36.440]  Yeah, I don't know. There's something going on with your audio there.
[15:36.440 --> 15:41.440]  But yes, there will be some bar grievances, a lot of bar grievances coming out of this.
[15:41.440 --> 15:43.440]  I have a lot of audio that I need to go through.
[15:43.440 --> 15:45.440]  It's like three hours, like I said.
[15:45.440 --> 15:52.440]  So I'll be my plan is to just play through it, pause as I hear an issue that will need to be addressed,
[15:52.440 --> 15:58.440]  make some notes and, you know, just stopping and starting as I go.
[15:58.440 --> 16:08.440]  And then I'll take these notes and say, OK, this one is where I need to bargain for saying this or doing that or for not holding the judge accountable or for lying to the judge.
[16:08.440 --> 16:11.440]  He violated this rule. He committed this crime.
[16:11.440 --> 16:13.440]  I'll write all of this out.
[16:13.440 --> 16:22.440]  And then when I get done going through the audio, then I'll take all my notes and sort of review them,
[16:22.440 --> 16:31.440]  prioritize them so that I like start with a bar grievance because that's going to start a 30 day clock ticking and then go from there.
[16:31.440 --> 16:34.440]  Maybe a judicial misconduct complaint.
[16:34.440 --> 16:42.440]  Just work on some take them in a priority order and just start working through them.
[16:42.440 --> 16:48.440]  You're going to follow one at a time and then let some time run between them before the next one?
[16:48.440 --> 16:49.440]  Yes.
[16:49.440 --> 16:55.440]  Oh, that's devious.
[16:55.440 --> 17:14.440]  But hang on, Randy Kelton, Brett Fountain, we'll be right back.
[17:25.440 --> 17:48.440]  We'll be right back.
[17:48.440 --> 18:06.440]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[18:06.440 --> 18:12.440]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk,
[18:12.440 --> 18:18.440]  where Nana and her guests discuss the scriptures in accord with 2 Timothy 2.15.
[18:18.440 --> 18:24.440]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.
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[19:02.440 --> 19:10.440]  You are listening to the LogosRadioNetwork.com
[19:32.440 --> 19:42.440]  Okay, we are back.
[19:42.440 --> 19:52.440]  I think I have something more than my mic going on, because I heard myself fade out and come back.
[19:52.440 --> 19:54.440]  Exactly.
[19:54.440 --> 20:02.440]  So that's probably my internet connection. I never have a really good one here.
[20:02.440 --> 20:09.440]  No, I don't think it's an internet issue. I think it's that mic or maybe a cable on your mic.
[20:09.440 --> 20:14.440]  It cuts out completely all at once.
[20:14.440 --> 20:18.440]  Tina and I'll see if I can oil up these cables.
[20:18.440 --> 20:28.440]  All right. Well, we've got our call lines open. If you want to call in, it's 512-646-1984.
[20:28.440 --> 20:34.440]  We've already got one caller on the board, and we're going to go to Tina in California.
[20:34.440 --> 20:38.440]  Good evening, Tina.
[20:38.440 --> 20:42.440]  Congratulations, Brett.
[20:42.440 --> 20:43.440]  Thank you.
[20:43.440 --> 20:53.440]  That was really interesting. I can't wait to hear what else happens later on.
[20:53.440 --> 20:55.440]  I've got a couple of quick questions.
[20:55.440 --> 21:01.440]  One, you were talking the other week about breach of contract.
[21:01.440 --> 21:16.440]  I wanted to ask if the fact that the attorney that I'm suing right now made a written promise to me
[21:16.440 --> 21:24.440]  and then reneged on it, can that be classed as a breach of contract?
[21:24.440 --> 21:28.440]  Well, I would certainly say so.
[21:28.440 --> 21:29.440]  I'm going to say...
[21:29.440 --> 21:32.440]  You have some...
[21:32.440 --> 21:36.440]  There has to be both ways. There has to be some sort of consideration.
[21:36.440 --> 21:42.440]  And the consideration that you gave him was that you were not going to pursue a certain issue, right?
[21:42.440 --> 21:52.440]  So you kind of gave up your position in court to deal with a certain issue because of his promise.
[21:52.440 --> 21:53.440]  Yeah.
[21:53.440 --> 21:57.440]  I say that that's the consideration you gave him.
[21:57.440 --> 22:06.440]  Yes, because you believe that you should be able to trust...
[22:06.440 --> 22:09.440]  Obviously, we know now we can't just say anything they say.
[22:09.440 --> 22:15.440]  But at that time, I thought that, as my former attorney said, he's an attorney.
[22:15.440 --> 22:20.440]  He will follow through on his promise.
[22:20.440 --> 22:23.440]  He will follow through and he will do it.
[22:23.440 --> 22:27.440]  You made a false and misleading statement.
[22:27.440 --> 22:31.440]  And you were harmed by this leading statement.
[22:31.440 --> 22:35.440]  That's a tort suing personally.
[22:35.440 --> 22:38.440]  Yeah. Well, that's what I'm trying to do right now.
[22:38.440 --> 22:43.440]  But the judge, if you recall, said, oh, that's litigation privilege
[22:43.440 --> 22:51.440]  because his written promise was related somewhat to litigation.
[22:51.440 --> 22:56.440]  So the judge allowed it to go through.
[22:56.440 --> 23:03.440]  Okay. Did you file suit?
[23:03.440 --> 23:09.440]  If you file suit against him, the judge doesn't have that authority.
[23:09.440 --> 23:11.440]  Well, he claimed litigation privilege.
[23:11.440 --> 23:12.440]  The judge agreed.
[23:12.440 --> 23:13.440]  No, you're not.
[23:13.440 --> 23:20.440]  Listen, he claimed litigation privilege in the case that's already before the court.
[23:20.440 --> 23:21.440]  Correct?
[23:21.440 --> 23:22.440]  Yes.
[23:22.440 --> 23:28.440]  Did you file suit against him specifically for that?
[23:28.440 --> 23:30.440]  For claiming litigation privilege?
[23:30.440 --> 23:31.440]  No, I didn't.
[23:31.440 --> 23:40.440]  No, not for claiming litigation privilege, but for false and misleading statements that harmed you.
[23:40.440 --> 23:43.440]  Yes, that's what my suit is about.
[23:43.440 --> 23:45.440]  No, you're missing it.
[23:45.440 --> 23:50.440]  This judge doesn't have anything to say about who you can sue for what.
[23:50.440 --> 23:52.440]  He don't have anything to say about that.
[23:52.440 --> 23:56.440]  His word is not gospel.
[23:56.440 --> 24:07.440]  If you sue this, he will argue it forward.
[24:07.440 --> 24:13.440]  That is an affirmative defense.
[24:13.440 --> 24:19.440]  Then...
[24:19.440 --> 24:23.440]  Randy, that mic, I don't know, it's giving a lot of noise.
[24:23.440 --> 24:26.440]  I'm hearing a lot of crackling.
[24:26.440 --> 24:29.440]  Are you hearing him okay, Tina?
[24:29.440 --> 24:32.440]  No, I'm not.
[24:32.440 --> 24:33.440]  Okay.
[24:33.440 --> 24:35.440]  Well, I don't know what to do about it.
[24:35.440 --> 24:37.440]  There you are. You're back.
[24:37.440 --> 24:39.440]  We've got to struggle through.
[24:39.440 --> 24:44.440]  Okay, if that's better, I wiggle the plug into the phone itself.
[24:44.440 --> 24:46.440]  That may be where my issue is.
[24:46.440 --> 24:47.440]  Okay, that's good.
[24:47.440 --> 24:48.440]  Don't wiggle it anymore.
[24:48.440 --> 24:51.440]  Stay exactly like that for the next two hours and don't breathe.
[24:51.440 --> 24:53.440]  Just talk.
[24:53.440 --> 24:55.440]  I'm going to go to appeal right now.
[24:55.440 --> 25:05.440]  I'm waiting for the court to send the court transcripts over to the appeal court so that I can file my appeal brief,
[25:05.440 --> 25:08.440]  which I've got pretty much ready.
[25:08.440 --> 25:19.440]  In your appellate brief, you might address the issue of litigation privilege being ruled by the judge.
[25:19.440 --> 25:20.440]  Oh, no.
[25:20.440 --> 25:25.440]  That won't make any difference because litigation privilege was not before the court.
[25:25.440 --> 25:32.440]  So the fact that the judge said that, he was just giving you bad legal advice.
[25:32.440 --> 25:34.440]  And it means nothing.
[25:34.440 --> 25:38.440]  You can file a separate suit against him for false and misleading statements.
[25:38.440 --> 25:45.440]  That's easier to prove up than fraud.
[25:45.440 --> 25:54.440]  So you might send him a tort letter accusing him of false and misleading statements
[25:54.440 --> 25:58.440]  and sue him for three times the value of your property.
[25:58.440 --> 26:01.440]  That's what I'm doing right now, so I can do it again.
[26:01.440 --> 26:08.440]  So this is the one where his counsel, which is another attorney in his firm,
[26:08.440 --> 26:12.440]  sent me the letter saying that, quote,
[26:12.440 --> 26:22.440]  you knew when McGinnity sent that letter that he had no intention of following through.
[26:22.440 --> 26:24.440]  That's mind reading.
[26:24.440 --> 26:25.440]  Yeah, I know.
[26:25.440 --> 26:30.440]  I sent back, I said, I didn't know I had psychic powers.
[26:30.440 --> 26:40.440]  And I put that in the court saying I did not know that he had to do with psychic powers
[26:40.440 --> 26:44.440]  to know what the attorney was thinking.
[26:44.440 --> 26:46.440]  Uh-oh.
[26:46.440 --> 26:47.440]  Okay, that was static.
[26:47.440 --> 26:50.440]  Wasn't coming from my mic.
[26:50.440 --> 26:57.440]  You just did it with your mouth?
[26:57.440 --> 27:05.440]  I'm getting it back from the network.
[27:05.440 --> 27:07.440]  Oh, well.
[27:07.440 --> 27:11.440]  Okay, so I'll follow through.
[27:11.440 --> 27:14.440]  I'll send you what my appeal brief is right now,
[27:14.440 --> 27:20.440]  and you can tell me if I should add something else or add another direction.
[27:20.440 --> 27:26.440]  Okay, I'll look at that, and I'll do some little research on litigation privilege.
[27:26.440 --> 27:28.440]  Yes.
[27:28.440 --> 27:31.440]  Who can claim it and how?
[27:31.440 --> 27:34.440]  Yeah, I'll send you one article that will help.
[27:34.440 --> 27:39.440]  Then I wanted to share with you guys something I found just the other day.
[27:39.440 --> 27:45.440]  It was from 2020, and it says it's from LiveLaw.in,
[27:45.440 --> 27:50.440]  and it says lawyers are not permitted to earn a living,
[27:50.440 --> 27:53.440]  to earn a livelihood by any other means.
[27:53.440 --> 28:00.440]  This is observed SC on advocate's plight due to loss of income amid pandemic.
[28:00.440 --> 28:06.440]  Supreme Court on Wednesday reiterated that advocates cannot practice any other profession,
[28:06.440 --> 28:11.440]  and they are not permitted to earn a livelihood by any other means.
[28:11.440 --> 28:16.440]  So I'm wondering if that counts, you know,
[28:16.440 --> 28:20.440]  when attorneys have these little side businesses with, you know,
[28:20.440 --> 28:28.440]  debt collectors or other kind of things, how does, if you find that out,
[28:28.440 --> 28:33.440]  how does that work to your favor to go after them?
[28:33.440 --> 28:40.440]  Well, it probably wouldn't help you in the case itself,
[28:40.440 --> 28:47.440]  but it would give you a way to beat him up outside the case.
[28:47.440 --> 28:52.440]  The reason I was asking because I knew it was a risky case.
[28:52.440 --> 28:55.440]  Oh, there you go again.
[28:55.440 --> 28:57.440]  That was noisy.
[28:57.440 --> 28:58.440]  Yeah, it was.
[28:58.440 --> 29:03.440]  She said the reason she was asking, and then all I heard was static.
[29:03.440 --> 29:08.440]  Yeah, I heard the static, too, but it was coming in off the network.
[29:08.440 --> 29:13.440]  I wasn't speaking and wasn't touching the mic, and there's no sound in here.
[29:13.440 --> 29:17.440]  Okay, well, go ahead, Timmy, you're saying the reason you were asking.
[29:17.440 --> 29:20.440]  Yeah, because remember the Rozicki case?
[29:20.440 --> 29:22.440]  It was Rozicki v. Rozicki.
[29:22.440 --> 29:27.440]  It was Rozicki v. this law firm.
[29:27.440 --> 29:34.440]  Rozicki was the plaintiff, and then this law firm started with a C.
[29:34.440 --> 29:38.440]  Yeah, it was they were charged with defrauding the government.
[29:38.440 --> 29:39.440]  Yes.
[29:39.440 --> 29:40.440]  Yeah.
[29:40.440 --> 29:45.440]  And we have a caller that calls in regularly that he had a case that they were,
[29:45.440 --> 29:48.440]  a foreclosure case they were handling at the time.
[29:48.440 --> 29:52.440]  Hang on, Randy Kelvin, Brett Fountain, Rule of Law Radio.
[29:52.440 --> 29:55.440]  We'll be right back.
[29:55.440 --> 30:01.440]  We didn't let Tina run us off the cliff.
[30:01.440 --> 30:04.440]  Businesses ask you for a lot of personal information,
[30:04.440 --> 30:06.440]  and you may trust them to keep it safe,
[30:06.440 --> 30:11.440]  but it turns out that even the most trusted companies may be unwillingly revealing your secrets.
[30:11.440 --> 30:15.440]  I'm Dr. Catherine Albrecht, and I'll be right back with details.
[30:15.440 --> 30:17.440]  Privacy is under attack.
[30:17.440 --> 30:20.440]  When you give up data about yourself, you'll never get it back again,
[30:20.440 --> 30:25.440]  and once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.440 --> 30:30.440]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.440 --> 30:33.440]  Privacy, it's worth hanging on to.
[30:33.440 --> 30:37.440]  This public service announcement is brought to you by StartPage.com,
[30:37.440 --> 30:41.440]  the private search engine alternative to Google, Yahoo, and Bing.
[30:41.440 --> 30:44.440]  Start over with StartPage.
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[30:51.440 --> 30:54.440]  But what happens if it escapes their control?
[30:54.440 --> 30:55.440]  It's not an idle question.
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[30:57.440 --> 31:03.440]  a shocking 90% of U.S. companies admit their security was breached by hackers in the last year.
[31:03.440 --> 31:07.440]  That's one more reason you should trust your searches to StartPage.com.
[31:07.440 --> 31:11.440]  Unlike other search engines, StartPage doesn't store any data on you.
[31:11.440 --> 31:16.440]  They've never been hacked, but even if they were, there would be nothing for criminals to see.
[31:16.440 --> 31:17.440]  The cupboard would be bare.
[31:17.440 --> 31:21.440]  Too bad other companies don't treat your data the same way.
[31:21.440 --> 31:27.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:51.440 --> 31:52.440]  There is more to the story.
[31:52.440 --> 31:55.440]  Bring justice to my son, my uncle, my nephew, my son.
[31:55.440 --> 31:57.440]  Go to buildingwatch.org.
[31:57.440 --> 32:01.440]  Why it sells, why it matters, and what you can do.
[32:01.440 --> 32:05.440]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.440 --> 32:07.440]  In today's America, we live in an us-against-them society,
[32:07.440 --> 32:09.440]  and if we the people are ever going to have a free society,
[32:09.440 --> 32:12.440]  then we're going to have to stand and defend our own rights.
[32:12.440 --> 32:15.440]  Among those rights are the right to travel freely from place to place,
[32:15.440 --> 32:17.440]  the right to act in our own private capacity,
[32:17.440 --> 32:19.440]  and most importantly, the right to due process of law.
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[32:22.440 --> 32:25.440]  to learn how to enforce and preserve our rights through due process.
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[32:28.440 --> 32:31.440]  has put together the most comprehensive teaching tool available
[32:31.440 --> 32:33.440]  that will help you understand what due process is
[32:33.440 --> 32:35.440]  and how to hold courts to the rule of law.
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[33:02.440 --> 33:13.440]  Live, free speech radio, logosradionetwork.com.
[33:13.440 --> 33:19.440]  Yeah, Mr. Officer, we're takin' the law in your hands.
[33:19.440 --> 33:23.440]  Won't you follow the law of the land?
[33:23.440 --> 33:26.440]  I don't understand.
[33:26.440 --> 33:29.440]  Your job is to protect and preserve.
[33:29.440 --> 33:32.440]  Not beat out of beans.
[33:32.440 --> 33:34.440]  I promise.
[33:34.440 --> 33:37.440]  When you're gonna stop abuse,
[33:37.440 --> 33:45.440]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we just had a break there
[33:45.440 --> 33:51.440]  where Brett and Deborah were pickin' on poor old me.
[33:51.440 --> 33:55.440]  And I feel so sorry for me.
[33:55.440 --> 33:58.440]  But then I have to because nobody else will, but that's okay.
[33:58.440 --> 34:01.440]  Because I am good at it.
[34:01.440 --> 34:05.440]  That's my wife.
[34:05.440 --> 34:08.440]  She just won't help you with that, huh?
[34:08.440 --> 34:10.440]  No.
[34:10.440 --> 34:16.440]  We were talking to Tina when we went out about lying lawyers.
[34:16.440 --> 34:18.440]  Yeah.
[34:18.440 --> 34:25.440]  And we were talking about the Rosicky case where they are now shut down, completely closed for good.
[34:25.440 --> 34:28.440]  I must think of it as early this year.
[34:28.440 --> 34:30.440]  And I can't remember how much they paid.
[34:30.440 --> 34:32.440]  I don't know if it's six million in fines.
[34:32.440 --> 34:37.440]  But one of the people I'm friendly with and talking with,
[34:37.440 --> 34:41.440]  she had them involved in her foreclosure.
[34:41.440 --> 34:46.440]  And they're now, one of the attorneys is now with,
[34:46.440 --> 34:51.440]  it was with Rosicky is now with another firm involved in her stuff again.
[34:51.440 --> 34:56.440]  So I looked at one of the owners of Rosicky, Cynthia Rosicky,
[34:56.440 --> 35:05.440]  and I found she had all kinds of potential conflicts of, you know, businesses.
[35:05.440 --> 35:14.440]  And a lot of real estate that had some was, you know, all involved in different LLCs and stuff.
[35:14.440 --> 35:20.440]  So I was wondering if there's a way for, you know, my friend to sort of go after that
[35:20.440 --> 35:27.440]  and really look into it and say, okay, if you're not supposed to be engaging in any other, you know, industry,
[35:27.440 --> 35:29.440]  what were you doing here?
[35:29.440 --> 35:37.440]  You know, and maybe go after, as you say, outside of this case, but, you know, what would you file?
[35:37.440 --> 35:38.440]  Would you send a tort letter?
[35:38.440 --> 35:45.440]  Would you file a criminal complaint, an attorney, you know, a bar grievance?
[35:45.440 --> 35:50.440]  What would you do if you found that an attorney had all kinds of side businesses
[35:50.440 --> 35:57.440]  that probably relate to the foreclosure that they're making money on?
[35:57.440 --> 36:02.440]  It depends if Rosicky, and you were right, I looked it up.
[36:02.440 --> 36:06.440]  I was looking at probably at a case where somebody sued Rosicky,
[36:06.440 --> 36:11.440]  but the law firm is Rosicky, Rosicky and Associates.
[36:11.440 --> 36:16.440]  But they probably sued the law firm.
[36:16.440 --> 36:19.440]  But they're out of business.
[36:19.440 --> 36:21.440]  Why are they?
[36:21.440 --> 36:24.440]  Do they still have a bar card?
[36:24.440 --> 36:29.440]  I told her to go look at that and to see, go on the Secretary of State's website
[36:29.440 --> 36:33.440]  to see when the firm really did close down, if they really are.
[36:33.440 --> 36:37.440]  But Google says it's permanently closed.
[36:37.440 --> 36:43.440]  Okay, look up bar card numbers for Rosicky.
[36:43.440 --> 36:46.440]  See if they still got bar cards.
[36:46.440 --> 36:48.440]  Okay, I will do that.
[36:48.440 --> 36:52.440]  But it would be interesting for anyone who's going against some of these attorneys
[36:52.440 --> 36:57.440]  to run a report and see if they really are running side businesses of any kind,
[36:57.440 --> 37:02.440]  because, you know, you've got to know that some of these, you know, are very shady people,
[37:02.440 --> 37:08.440]  as we know, and they're, I'm sure they found ways to make money off foreclosures
[37:08.440 --> 37:13.440]  and other things, you know, that, you know, aside from doing the attorney stuff.
[37:13.440 --> 37:18.440]  And if we can catch them at that, you know, I've never seen this before.
[37:18.440 --> 37:23.440]  I did not know this was a rule that they couldn't make a living.
[37:23.440 --> 37:27.440]  I had never heard of that.
[37:27.440 --> 37:29.440]  So I'm definitely going to look for it.
[37:29.440 --> 37:34.440]  Is that in the bar standards or in California law?
[37:34.440 --> 37:35.440]  No, this wasn't.
[37:35.440 --> 37:39.440]  I'll send you where I found it, and you can look further into it.
[37:39.440 --> 37:45.440]  I don't know if it's only in one state or if it's in all states.
[37:45.440 --> 37:47.440]  Well, that would be interesting.
[37:47.440 --> 37:50.440]  That would be a great way to hammer them.
[37:50.440 --> 37:52.440]  Wouldn't it be a great way to hammer them?
[37:52.440 --> 37:59.440]  They'll be like, yes, I found it in livelaw.in.
[37:59.440 --> 38:01.440]  So I'll send you this link.
[38:01.440 --> 38:04.440]  And, you know, it was in the top stories.
[38:04.440 --> 38:08.440]  Lawyers are not permitted to earn a livelihood by any other means.
[38:08.440 --> 38:11.440]  Oh, that could be so much fun.
[38:11.440 --> 38:15.440]  To report on advocate flight due to loss of income amid pandemic.
[38:15.440 --> 38:17.440]  And it gives you the order you can read.
[38:17.440 --> 38:24.440]  So it would be great if you can take a look at it and shed light for everyone,
[38:24.440 --> 38:26.440]  you know, on telegram and on the call.
[38:26.440 --> 38:27.440]  Okay.
[38:27.440 --> 38:29.440]  And for everyone on telegram, I apologize.
[38:29.440 --> 38:33.440]  I haven't been on there in the last few days or a week or so.
[38:33.440 --> 38:39.440]  But I have been absolutely buried trying to dig my way out.
[38:39.440 --> 38:45.440]  I made the mistake of helping somebody build the lawsuit that I didn't know anything about.
[38:45.440 --> 38:49.440]  So I had to research everything.
[38:49.440 --> 38:53.440]  But I'm kind of getting caught up now.
[38:53.440 --> 38:54.440]  So I'll go on there.
[38:54.440 --> 38:57.440]  And go to another caller.
[38:57.440 --> 38:59.440]  And go to another caller.
[38:59.440 --> 39:00.440]  Yes.
[39:00.440 --> 39:01.440]  Thank you.
[39:01.440 --> 39:02.440]  Thank you, Tina.
[39:02.440 --> 39:03.440]  Okay.
[39:03.440 --> 39:04.440]  Take care.
[39:04.440 --> 39:05.440]  And to hear from you.
[39:05.440 --> 39:06.440]  Good night.
[39:06.440 --> 39:09.440]  Bye.
[39:09.440 --> 39:10.440]  Okay.
[39:10.440 --> 39:14.440]  Now we're going to Greg in California.
[39:14.440 --> 39:15.440]  Hello, Greg.
[39:15.440 --> 39:19.440]  What do you have for us today?
[39:19.440 --> 39:23.440]  Well, I have some basic questions for you today.
[39:23.440 --> 39:27.440]  Okay.
[39:27.440 --> 39:40.440]  There are a couple of things that we've seen bounced around on telegram and especially concerning Mr. B situation.
[39:40.440 --> 39:42.440]  You know who Mr. B is, correct?
[39:42.440 --> 39:45.440]  That's the man that you're speaking to there on the radio.
[39:45.440 --> 39:46.440]  Yes.
[39:46.440 --> 39:47.440]  Yes.
[39:47.440 --> 39:48.440]  Yeah.
[39:48.440 --> 39:49.440]  What?
[39:49.440 --> 39:50.440]  Yeah.
[39:50.440 --> 39:53.440]  That's the one who was picking on me on the break.
[39:53.440 --> 39:58.440]  Well, he seems to be picking on a whole court full of people too, Randy.
[39:58.440 --> 40:00.440]  I don't know about this guy.
[40:00.440 --> 40:02.440]  You know, he's a suspect here.
[40:02.440 --> 40:07.440]  I planned on being at that hearing and I screwed up.
[40:07.440 --> 40:12.440]  I started at 1 o'clock on a document and got finished with it about 8.
[40:12.440 --> 40:14.440]  I really wanted to be there.
[40:14.440 --> 40:20.440]  I listened to the last hearing that he recorded and put on telegram.
[40:20.440 --> 40:26.440]  Normally I get these, especially hearings, I get bored about halfway through.
[40:26.440 --> 40:28.440]  But I didn't get bored at all on that one.
[40:28.440 --> 40:31.440]  So I was really looking forward to watching this one.
[40:31.440 --> 40:35.440]  And if we went three hours, it would have been great fun.
[40:35.440 --> 40:44.440]  Well, I can tell you if Brett, when he writes, he thinks about what's already happened.
[40:44.440 --> 40:47.440]  And I love the way he writes in past tense.
[40:47.440 --> 40:57.440]  I can only hope that his thinking and his manner of speech can catch up with him impromptu
[40:57.440 --> 41:05.440]  because he is hilarious after the fact he's such sharp-witted and acerbic.
[41:05.440 --> 41:08.440]  And I would love to see that or hear that.
[41:08.440 --> 41:12.440]  Acerbic, that's exactly the word I was thinking, looking for.
[41:12.440 --> 41:15.440]  That's perfect.
[41:15.440 --> 41:22.440]  He does have a way of being subtly insulting.
[41:22.440 --> 41:24.440]  That's why it's highly entertaining.
[41:24.440 --> 41:28.440]  But there's a couple of things that I don't understand.
[41:28.440 --> 41:33.440]  And one, it's so basic and it's maddening to me.
[41:33.440 --> 41:35.440]  I hear it bantered about all the time.
[41:35.440 --> 41:39.440]  And that is, what is probable cause?
[41:39.440 --> 41:41.440]  What's an affidavit of probable cause?
[41:41.440 --> 41:48.440]  What is this, you know, like giving you an example of a police officer
[41:48.440 --> 41:55.440]  or a California highway patrol pulls you over, what is probable cause?
[41:55.440 --> 41:57.440]  Affidavit of probable cause.
[41:57.440 --> 42:05.440]  I mean, in California, all traffic violations are considered criminal.
[42:05.440 --> 42:07.440]  Yeah, same in Texas.
[42:07.440 --> 42:13.440]  So with that or with any crime, there have to be some sort of facts
[42:13.440 --> 42:18.440]  that if the officer observed these certain facts or, you know,
[42:18.440 --> 42:22.440]  if it was some other kind of crime, I observed these facts.
[42:22.440 --> 42:27.440]  And that leads me to believe that this person committed that crime.
[42:27.440 --> 42:33.440]  Let me put in one word, elements.
[42:33.440 --> 42:37.440]  Every crime has certain elements.
[42:37.440 --> 42:41.440]  But none of them meet the elements because one of the elements is that
[42:41.440 --> 42:44.440]  there must be an intent to commit the crime.
[42:44.440 --> 42:47.440]  Are they just assuming that you know what the speed limit is
[42:47.440 --> 42:51.440]  and if you go above the speed limit, then you have the intent to commit the crime?
[42:51.440 --> 42:53.440]  Is that what that element is?
[42:53.440 --> 43:03.440]  Yes, then that's a reasonable presumption since you are the one driving the automobile.
[43:03.440 --> 43:09.440]  And it is your intent to drive the automobile at the speed you're driving the automobile.
[43:09.440 --> 43:14.440]  If that speed happens to be above the speed limit, whether you know it or not,
[43:14.440 --> 43:20.440]  intent does not go to whether or not you knew you were violating a law.
[43:20.440 --> 43:27.440]  Intent goes to intent on the result of your actions.
[43:27.440 --> 43:31.440]  So he can presume that since you're driving it.
[43:31.440 --> 43:35.440]  But there's one thing he can't presume.
[43:35.440 --> 43:37.440]  What's that one, Brett?
[43:37.440 --> 43:39.440]  I hope you have a partial.
[43:39.440 --> 43:43.440]  You're talking about the regulated activity?
[43:43.440 --> 43:45.440]  Exactly.
[43:45.440 --> 43:47.440]  This activity in scope?
[43:47.440 --> 43:49.440]  Yeah, then we'll go there.
[43:49.440 --> 43:51.440]  Are you in commerce?
[43:51.440 --> 43:54.440]  That should be the first question.
[43:54.440 --> 43:55.440]  Hang on.
[43:55.440 --> 44:21.440]  Brandon Kelton, Brett Felton, The Wheel of Love Radio, we'll be right back.
[44:25.440 --> 44:29.440]  Amazon, you can help Logos with ordering your supplies or holiday gifts.
[44:29.440 --> 44:31.440]  First thing you do is clear your cookies.
[44:31.440 --> 44:37.440]  Now go to LogosRadioNetwork.com, click on the Amazon logo and bookmark it.
[44:37.440 --> 44:43.440]  Now when you order anything from Amazon, you use that link and Logos gets a few pesos.
[44:43.440 --> 44:44.440]  Do I pay extra?
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[44:56.440 --> 44:57.440]  We are welcome.
[44:57.440 --> 45:00.440]  Happy holidays, Logos.
[45:00.440 --> 45:03.440]  Are you the plaintiff or defendant in a lawsuit?
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[46:20.440 --> 46:45.440]  Okay, we are back.
[46:45.440 --> 46:52.440]  Randy Kelvin.
[46:52.440 --> 46:58.440]  Randy, are you still there?
[46:58.440 --> 47:00.440]  Hello, Randy, are you still there?
[47:00.440 --> 47:02.440]  I think I'm here, I'm trying to be here.
[47:02.440 --> 47:04.440]  There you are.
[47:04.440 --> 47:07.440]  All right, you were saying that this is Randy.
[47:07.440 --> 47:11.440]  I need to bounce this mic off the floor a couple of times, I think.
[47:11.440 --> 47:13.440]  Yeah, that'll sound great.
[47:13.440 --> 47:20.440]  All right, we were talking with Greg in California, I believe.
[47:20.440 --> 47:22.440]  Oh, let me unmute him.
[47:22.440 --> 47:24.440]  Okay, try that, Greg.
[47:24.440 --> 47:26.440]  Hello, are you there?
[47:26.440 --> 47:27.440]  That's better.
[47:27.440 --> 47:28.440]  Can you hear me?
[47:28.440 --> 47:30.440]  Okay.
[47:30.440 --> 47:40.440]  Okay, we were talking about, yes, if an officer observes you in an automobile
[47:40.440 --> 47:47.440]  with a commercial license plate on it and you are driving in a manner
[47:47.440 --> 47:54.440]  that he has reason to believe is in violation of a commercial code
[47:54.440 --> 48:04.440]  and that violation is designated as a crime,
[48:04.440 --> 48:10.440]  he has probable cause to make the stop.
[48:10.440 --> 48:14.440]  Okay, so the affidavit of probable cause is simply his statement
[48:14.440 --> 48:18.440]  that's put in your docket upon the citation.
[48:18.440 --> 48:24.440]  Yes.
[48:24.440 --> 48:28.440]  Now, the second matter is jurisdiction.
[48:28.440 --> 48:34.440]  Now, if you're not a commercial driver, and of course, everybody,
[48:34.440 --> 48:40.440]  every prosecutor and every attorney and every judge believes that
[48:40.440 --> 48:46.440]  or is under the understanding that all traffic is regulated
[48:46.440 --> 48:50.440]  by the Department of Transportation, whether you are a private driver
[48:50.440 --> 48:53.440]  or a commercial contractor.
[48:53.440 --> 48:58.440]  And we know commercial contractors contract with the state,
[48:58.440 --> 49:02.440]  meaning that they are licensed by the state to do commercial business
[49:02.440 --> 49:06.440]  on highways, whereas private or private passengers, private drivers...
[49:06.440 --> 49:13.440]  Well, actually, if you have a license plate on your vehicle,
[49:13.440 --> 49:17.440]  you are licensed to do commerce on the highways.
[49:17.440 --> 49:19.440]  That's what the license is.
[49:19.440 --> 49:24.440]  We have commercial license and non-commercial license in California
[49:24.440 --> 49:28.440]  on our license plates.
[49:28.440 --> 49:34.440]  Okay, what is the law establishing non-commercial license?
[49:34.440 --> 49:36.440]  What does that mean?
[49:36.440 --> 49:42.440]  What is the purpose of securing a non-commercial license?
[49:42.440 --> 49:45.440]  Well, it has to do with the weight of the vehicle.
[49:45.440 --> 49:49.440]  So if you drive a truck at a certain weight,
[49:49.440 --> 49:52.440]  they automatically issue you a commercial plate,
[49:52.440 --> 49:56.440]  and that gives you the ability to park in loading zones.
[49:56.440 --> 49:59.440]  Okay, I got that part.
[49:59.440 --> 50:02.440]  I'm talking about the one that's non-commercial.
[50:02.440 --> 50:04.440]  I don't know.
[50:04.440 --> 50:08.440]  It's important that we understand that.
[50:08.440 --> 50:14.440]  I've never heard of a non-commercial license.
[50:14.440 --> 50:17.440]  It's kind of a contradiction of terms.
[50:17.440 --> 50:18.440]  It is.
[50:18.440 --> 50:21.440]  Let's say if you have a license plate that's not a commercial plate,
[50:21.440 --> 50:24.440]  then what is that designation?
[50:24.440 --> 50:26.440]  Then it's a...
[50:26.440 --> 50:28.440]  Here's my confusion.
[50:28.440 --> 50:33.440]  Okay, here's what the case law in Tennessee said.
[50:33.440 --> 50:37.440]  In Tennessee, they said that the state has a vested interest
[50:37.440 --> 50:40.440]  in safety on the highways.
[50:40.440 --> 50:47.440]  So they could require a license for the purpose of determining
[50:47.440 --> 50:53.440]  or ensuring that the operator was competent to operate the...
[50:53.440 --> 50:55.440]  And...
[50:55.440 --> 51:00.440]  Oh.
[51:00.440 --> 51:02.440]  Oh, back up there a little bit, Randy,
[51:02.440 --> 51:04.440]  because we got a lot of noise.
[51:04.440 --> 51:05.440]  Say that again?
[51:05.440 --> 51:06.440]  I know.
[51:06.440 --> 51:10.440]  I was hearing that noise.
[51:10.440 --> 51:16.440]  They can require a license for the singular purpose of determining
[51:16.440 --> 51:21.440]  that the operator is competent in operating the vehicle
[51:21.440 --> 51:27.440]  and knowledgeable of the rules of the road.
[51:27.440 --> 51:32.440]  But that did not create the presumption that the person operating
[51:32.440 --> 51:35.440]  that vehicle is necessarily in commerce.
[51:35.440 --> 51:41.440]  The traffic courts treated as if it did necessarily imply
[51:41.440 --> 51:43.440]  that they were in commerce.
[51:43.440 --> 51:45.440]  And they treated them as if they were in commerce,
[51:45.440 --> 51:48.440]  but nobody argued it.
[51:48.440 --> 51:51.440]  They can enforce these laws the way they enforce them
[51:51.440 --> 51:57.440]  until someone gets a ruling that says they can't.
[51:57.440 --> 52:02.440]  But, you know, if it's that big a problem for California,
[52:02.440 --> 52:07.440]  they will never let your suit get to the supreme.
[52:07.440 --> 52:09.440]  So you want to sue them for something.
[52:09.440 --> 52:14.440]  They do not want to get past them.
[52:14.440 --> 52:17.440]  Now, I'm in this case in Victoria County,
[52:17.440 --> 52:22.440]  and I sued a judge, filed it with the county court,
[52:22.440 --> 52:26.440]  and the county judge immediately recused himself.
[52:26.440 --> 52:30.440]  And he recused himself by filing an order stating
[52:30.440 --> 52:32.440]  that a motion to recuse had been filed,
[52:32.440 --> 52:36.440]  and he approved it sui sponte.
[52:36.440 --> 52:39.440]  But did he say who filed it?
[52:39.440 --> 52:40.440]  No.
[52:40.440 --> 52:42.440]  Just it had been filed.
[52:42.440 --> 52:43.440]  Yeah.
[52:43.440 --> 52:49.440]  Well...
[52:49.440 --> 52:51.440]  Randy, you still there?
[52:51.440 --> 52:53.440]  Still here.
[52:53.440 --> 52:55.440]  I'm hearing a lot of popping.
[52:55.440 --> 52:59.440]  I am too, and I'm unsure where that could be coming from.
[52:59.440 --> 53:01.440]  I'm going to make a note.
[53:01.440 --> 53:06.440]  Let me mute for just a second to unplug and replug.
[53:06.440 --> 53:12.440]  Are you guys using XLR cable or USB cable?
[53:12.440 --> 53:14.440]  XLR.
[53:14.440 --> 53:17.440]  This is a standard mic cable.
[53:17.440 --> 53:19.440]  It's a phantom mic cable.
[53:19.440 --> 53:21.440]  It's three-prong.
[53:21.440 --> 53:24.440]  He's got a whole fancy mixer and everything,
[53:24.440 --> 53:30.440]  multiple cables, minus just a very simple...
[53:30.440 --> 53:32.440]  Say that again?
[53:32.440 --> 53:34.440]  I got the one...
[53:34.440 --> 53:37.440]  It might be a bad mixer.
[53:37.440 --> 53:39.440]  Oh, I just bought this mixer.
[53:39.440 --> 53:44.440]  Deborah made me buy it.
[53:44.440 --> 53:47.440]  Okay, well, if you just bought it, then it's probably...
[53:47.440 --> 53:49.440]  Well, I've had it a couple of months.
[53:49.440 --> 53:52.440]  I've had it a couple of months.
[53:52.440 --> 53:56.440]  But if you wanted to blame Deborah, I mean, that's the way to go.
[53:56.440 --> 53:58.440]  Yeah, I want to blame Deborah.
[53:58.440 --> 54:00.440]  You don't expect me to take the blame, do you?
[54:00.440 --> 54:02.440]  I'm a guy. We don't do that.
[54:02.440 --> 54:06.440]  I'll work on it over the weekend.
[54:06.440 --> 54:09.440]  Tomorrow, once we get off, I'll clean up all the connections.
[54:09.440 --> 54:13.440]  I think I have a really high-end mic cable somewhere.
[54:13.440 --> 54:16.440]  I'll dig that out and try it.
[54:16.440 --> 54:19.440]  So anyway, I apologize about that.
[54:19.440 --> 54:21.440]  It's all my fault.
[54:21.440 --> 54:22.440]  Go ask my wife.
[54:22.440 --> 54:24.440]  She'll tell you.
[54:24.440 --> 54:27.440]  Anyway, back to license.
[54:27.440 --> 54:30.440]  I've never heard of a non-commercial license.
[54:30.440 --> 54:33.440]  That is, a contradiction of terms.
[54:33.440 --> 54:34.440]  No, no, no, no, no.
[54:34.440 --> 54:35.440]  Non-commercial license.
[54:35.440 --> 54:38.440]  Plate.
[54:38.440 --> 54:41.440]  Well, a plate is just then...
[54:41.440 --> 54:49.440]  Okay, so when you get the plate, you're saying in California,
[54:49.440 --> 54:55.440]  you don't sign up for a license plate.
[54:55.440 --> 54:58.440]  What kind of plate is it?
[54:58.440 --> 54:59.440]  Well, you get...
[54:59.440 --> 55:04.440]  So what they do is they designate commercial license plates for larger vehicles,
[55:04.440 --> 55:08.440]  like if you have a three-quarter-ton truck,
[55:08.440 --> 55:13.440]  they automatically issue a commercial license plate for that vehicle, right?
[55:13.440 --> 55:15.440]  So that's a commercial designation,
[55:15.440 --> 55:18.440]  whether you're using it in the commercial capacity or not, which means...
[55:18.440 --> 55:23.440]  What about a taxicab?
[55:23.440 --> 55:26.440]  Uber?
[55:26.440 --> 55:27.440]  Uber wouldn't happen.
[55:27.440 --> 55:30.440]  What about Uber or a taxicab?
[55:30.440 --> 55:33.440]  Uber would have a non-commercial plate.
[55:33.440 --> 55:36.440]  But they're operating in commerce.
[55:36.440 --> 55:40.440]  I'm going to suggest that is not a non-commercial plate.
[55:40.440 --> 55:41.440]  That's a very interesting...
[55:41.440 --> 55:43.440]  I think there's an issue here.
[55:43.440 --> 55:48.440]  I think this is something I need to kind of run down that...
[55:48.440 --> 55:51.440]  I'm going to run this down in statutes and find out the difference,
[55:51.440 --> 55:57.440]  because if you're driving as a commercial driver versus a non-commercial driver...
[55:57.440 --> 56:01.440]  And you know, Dave Merlin says California is a...
[56:01.440 --> 56:03.440]  I don't know good words to use for this,
[56:03.440 --> 56:09.440]  but not a great place to deal with traffic law.
[56:09.440 --> 56:17.440]  Obviously, the judges don't abide by what the states might say here.
[56:17.440 --> 56:20.440]  There are things you can do.
[56:20.440 --> 56:23.440]  You can take their law and throw it back at them
[56:23.440 --> 56:28.440]  and make them not want to be municipal judges anymore.
[56:28.440 --> 56:31.440]  I'm in a municipal case,
[56:31.440 --> 56:37.440]  and when I didn't go in and plead guilty or not guilty,
[56:37.440 --> 56:42.440]  I did show up, but I showed up and filed a bunch of motions,
[56:42.440 --> 56:45.440]  and she wasn't sure I could even file motions.
[56:45.440 --> 56:47.440]  I said, of course I can file motions.
[56:47.440 --> 56:48.440]  This is a criminal case.
[56:48.440 --> 56:50.440]  So she accepted my motions.
[56:50.440 --> 56:56.440]  But apparently, I didn't fit her standard scheme.
[56:56.440 --> 57:06.440]  So she didn't get noted in some ledger that I showed up in response to this citation.
[57:06.440 --> 57:09.440]  And I got a letter from the highway department,
[57:09.440 --> 57:13.440]  the Department of Public Safety, telling me that I could not renew my license
[57:13.440 --> 57:17.440]  because I didn't pay the fine in this case,
[57:17.440 --> 57:21.440]  that I failed to appear, and they adjudicated against me,
[57:21.440 --> 57:25.440]  and I didn't pay the fine.
[57:25.440 --> 57:27.440]  Oops.
[57:27.440 --> 57:34.440]  So I filed criminal charges against the clerk with the municipal judge.
[57:34.440 --> 57:36.440]  Try that on Bubba.
[57:36.440 --> 57:40.440]  Oh, well, it was just a clerical error.
[57:40.440 --> 57:43.440]  Yeah, I know.
[57:43.440 --> 57:47.440]  I forgot to renew my license.
[57:47.440 --> 57:49.440]  It was just my license plate.
[57:49.440 --> 57:53.440]  It was a clerical error.
[57:53.440 --> 57:55.440]  Deal with it.
[57:55.440 --> 57:56.440]  You're a clerical error.
[57:56.440 --> 57:58.440]  Mine was a Class C misdemeanor.
[57:58.440 --> 58:01.440]  Yours was a Class A misdemeanor.
[58:01.440 --> 58:04.440]  You're in jail, $10,000 fine.
[58:04.440 --> 58:05.440]  The judge, you didn't act on it.
[58:05.440 --> 58:09.440]  Now I'm going to sue the judge personally.
[58:09.440 --> 58:11.440]  There's more than one way to get this done.
[58:11.440 --> 58:14.440]  Randy Kelvin, I'm a little bit, I've got 30 seconds.
[58:14.440 --> 58:20.440]  Say something insightful.
[58:20.440 --> 58:22.440]  Oh, well, too late.
[58:22.440 --> 58:25.440]  He just does that because he wants you to try to start coming up with something,
[58:25.440 --> 58:29.440]  and then right about the time when you're right in the middle of your flow,
[58:29.440 --> 58:34.440]  then he's going to sign up, times up, and he hates at you.
[58:34.440 --> 58:37.440]  Oh, hey, David, now I feel disparaged.
[58:37.440 --> 58:38.440]  Did you just cut me off?
[58:38.440 --> 58:40.440]  That's true.
[58:40.440 --> 58:41.440]  You muted me.
[58:41.440 --> 58:43.440]  Am I muted?
[58:43.440 --> 58:45.440]  No, you're not muted.
[58:45.440 --> 58:50.440]  We're about to go to our sponsors here in just a few seconds.
[58:50.440 --> 58:53.440]  The Bible remains the most popular book in the world,
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[59:47.440 --> 59:52.440]  That's freestudybible.com.
[59:52.440 --> 59:56.440]  You're listening to the Logos Radio Network.
[59:56.440 --> 01:00:01.440]  Logosradio.com.
[01:00:01.440 --> 01:00:05.440]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.440 --> 01:00:09.440]  They guarantee you the specific freedoms Americans should know and protect.
[01:00:09.440 --> 01:00:11.440]  Our liberty depends on it.
[01:00:11.440 --> 01:00:17.440]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:17.440 --> 01:00:19.440]  Privacy is under attack.
[01:00:19.440 --> 01:00:22.440]  When you give up data about yourself, you'll never get it back again.
[01:00:22.440 --> 01:00:27.440]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:00:27.440 --> 01:00:32.440]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.440 --> 01:00:35.440]  Privacy, it's worth hanging onto.
[01:00:35.440 --> 01:00:38.440]  This public service announcement is brought to you by Startpage.com,
[01:00:38.440 --> 01:00:42.440]  the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.440 --> 01:00:46.440]  Start over with Startpage.
[01:00:46.440 --> 01:00:48.440]  Imagine your mom and dad are getting ready for bed.
[01:00:48.440 --> 01:00:51.440]  They pull back the covers and find a third party there.
[01:00:51.440 --> 01:00:54.440]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.440 --> 01:01:00.440]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:00.440 --> 01:01:06.440]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[01:01:06.440 --> 01:01:09.440]  Third party, Third Amendment, get it?
[01:01:09.440 --> 01:01:12.440]  So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:12.440 --> 01:01:17.440]  tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:17.440 --> 01:01:31.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.440 --> 01:01:35.440]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.440 --> 01:01:38.440]  They guarantee it is specific freedoms Americans should know and protect.
[01:01:38.440 --> 01:01:40.440]  Our liberty depends on it.
[01:01:40.440 --> 01:01:46.440]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:46.440 --> 01:01:48.440]  Privacy is under attack.
[01:01:48.440 --> 01:01:52.440]  When you give up data about yourself, you'll never get it back again.
[01:01:52.440 --> 01:01:57.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.440 --> 01:01:58.440]  So protect your rights.
[01:01:58.440 --> 01:02:02.440]  Say no to surveillance and keep your information to yourself.
[01:02:02.440 --> 01:02:04.440]  Privacy, it's worth hanging on to.
[01:02:04.440 --> 01:02:08.440]  This public service announcement is brought to you by StartPage.com,
[01:02:08.440 --> 01:02:12.440]  the private search engine alternative to Google, Yahoo, and Bing.
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[01:02:16.440 --> 01:02:21.440]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:21.440 --> 01:02:27.440]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure.
[01:02:27.440 --> 01:02:30.440]  Fourth Amendment, four eyes staring at you, get it?
[01:02:30.440 --> 01:02:35.440]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[01:02:35.440 --> 01:02:39.440]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:39.440 --> 01:02:43.440]  When government employees demand a peep at your privates without probable cause,
[01:02:43.440 --> 01:02:46.440]  I say it's time to sound the constitutional alarm bells.
[01:02:46.440 --> 01:02:50.440]  Join me in asking our representatives to dust off the Bill of Rights
[01:02:50.440 --> 01:02:53.440]  and use their googly eyes to take a gander at the Fourth.
[01:02:53.440 --> 01:03:10.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:23.440 --> 01:03:47.440]  Okay, we are back.
[01:03:47.440 --> 01:03:49.440]  Randy Kelton, Brett Fountain.
[01:03:49.440 --> 01:03:59.440]  We're talking to Greg in California, and I actually have you unmuted.
[01:03:59.440 --> 01:04:01.440]  That's a great place to start.
[01:04:01.440 --> 01:04:06.440]  Okay, and I was going to tell you when we were going out that we have a suppressor on this system.
[01:04:06.440 --> 01:04:12.440]  So if I'm talking and you try to talk, the suppressor will push your voice under mine.
[01:04:12.440 --> 01:04:17.440]  So it'll sound like you're cutting out, but you actually are.
[01:04:17.440 --> 01:04:22.440]  I control the vertical. I control the horizontal.
[01:04:22.440 --> 01:04:24.440]  Okay, go ahead.
[01:04:24.440 --> 01:04:27.440]  Well, that sounds like suppression to me.
[01:04:27.440 --> 01:04:31.440]  It was a suppressor. So it's suppressing.
[01:04:31.440 --> 01:04:32.440]  Okay.
[01:04:32.440 --> 01:04:40.440]  Okay, so you've given me multiple dimensions to think about, and I want to thank you for that.
[01:04:40.440 --> 01:04:52.440]  I also want to thank both you and Brett. I think it takes a number of years to sort of get the hang of the direction to take these things,
[01:04:52.440 --> 01:04:58.440]  because they're sort of like multi-dimensional. It's not a single dimension.
[01:04:58.440 --> 01:05:04.440]  You don't just get a ticket, go to court, plead your case, because you're going to lose, right?
[01:05:04.440 --> 01:05:12.440]  You have to look at all the aspects, look exactly like what's happening in Brett's case right now,
[01:05:12.440 --> 01:05:17.440]  because you're going to get railroaded, and lots of people are going to break the rules,
[01:05:17.440 --> 01:05:25.440]  and you have to understand what those rules are, and you have to sort of accept that you're going to get battered and beaten
[01:05:25.440 --> 01:05:29.440]  for no particular reason except that they're used to doing that to everybody.
[01:05:29.440 --> 01:05:35.440]  Well, that's kind of a non-productive way of thinking about it.
[01:05:35.440 --> 01:05:40.440]  You know, we talk about, we have a rule on the rule of law radio,
[01:05:40.440 --> 01:05:46.440]  never ask a public official to do anything you actually want,
[01:05:46.440 --> 01:05:53.440]  because you never ask a public official to do anything, because the law does not compel them.
[01:05:53.440 --> 01:06:03.440]  And that's so that we're not sitting here expectation of good faith.
[01:06:03.440 --> 01:06:06.440]  Did we lose you, Randy?
[01:06:06.440 --> 01:06:12.440]  I'm kind of doing some static, and you're back.
[01:06:12.440 --> 01:06:14.440]  Okay, it's the plug on the mic itself.
[01:06:14.440 --> 01:06:18.440]  So you were talking about expectation of good faith.
[01:06:18.440 --> 01:06:26.440]  If we have an expectation of good faith and fair dealing, and we don't get it, we tend to feel betrayed.
[01:06:26.440 --> 01:06:30.440]  And betrayal is one of the worst things.
[01:06:30.440 --> 01:06:33.440]  It tends to debilitate us.
[01:06:33.440 --> 01:06:35.440]  So forget that noise.
[01:06:35.440 --> 01:06:43.440]  Well, it also comes on the heels of an expectation that just like in any other industry,
[01:06:43.440 --> 01:06:47.440]  or you tend to expect the professionals to handle this well.
[01:06:47.440 --> 01:06:48.440]  This is their thing.
[01:06:48.440 --> 01:06:50.440]  So you expect them to do well.
[01:06:50.440 --> 01:06:54.440]  You expect them to do it right, to know what they're doing, and to not deviate.
[01:06:54.440 --> 01:06:56.440]  They wouldn't be lawless.
[01:06:56.440 --> 01:07:02.440]  These are the people who we expect to be the best at it, right?
[01:07:02.440 --> 01:07:08.440]  And we're trying to help you overcome that unreason.
[01:07:08.440 --> 01:07:18.440]  Expect them not to do what they're supposed to.
[01:07:18.440 --> 01:07:20.440]  Randy, I think you kind of cut out there.
[01:07:20.440 --> 01:07:23.440]  You were saying expect them to not?
[01:07:23.440 --> 01:07:27.440]  Expect them to rule against you out of hand at every turn.
[01:07:27.440 --> 01:07:30.440]  Expect them to do the wrong thing.
[01:07:30.440 --> 01:07:35.440]  And be ready to go after them for it when they do.
[01:07:35.440 --> 01:07:38.440]  This way you don't feel mistreated.
[01:07:38.440 --> 01:07:42.440]  I went into the JP's office and gave him some verified criminal complaints.
[01:07:42.440 --> 01:07:47.440]  I just came from the bank, and she notarized them for me, and I gave them to him.
[01:07:47.440 --> 01:07:57.440]  And he asked me if I was in a...
[01:07:57.440 --> 01:08:00.440]  He's cutting out. He cut out.
[01:08:00.440 --> 01:08:01.440]  Yeah.
[01:08:01.440 --> 01:08:07.440]  Well, anyway, he said, since you're not an attorney, I'm not going to read these pleadings.
[01:08:07.440 --> 01:08:10.440]  Threw them down and walked out.
[01:08:10.440 --> 01:08:15.440]  Actually, he stormed out.
[01:08:15.440 --> 01:08:20.440]  And I watched him leave, and I said loud enough for the clerks to hear me,
[01:08:20.440 --> 01:08:26.440]  well, Bubba, we'll see how that works out for you.
[01:08:26.440 --> 01:08:34.440]  Then I dialed 911, and now he realizes that I played him like a cheap fiddle.
[01:08:34.440 --> 01:08:45.440]  He refused to do what I asked him to, and now he knows that he did exactly what I wanted.
[01:08:45.440 --> 01:08:50.440]  Because now I have...
[01:08:50.440 --> 01:08:55.440]  We need to learn how to land on him.
[01:08:55.440 --> 01:08:59.440]  In that hearing, I got to ask the bailiff to arrest him.
[01:08:59.440 --> 01:09:01.440]  Oh, that was so...
[01:09:01.440 --> 01:09:03.440]  I'm sorry, not in that hearing.
[01:09:03.440 --> 01:09:08.440]  In the hearing before the judge, who was hearing my lawsuit,
[01:09:08.440 --> 01:09:12.440]  I got to ask the bailiff to arrest that judge.
[01:09:12.440 --> 01:09:16.440]  Oh, that is so much fun.
[01:09:16.440 --> 01:09:18.440]  So they're going to do everything wrong.
[01:09:18.440 --> 01:09:21.440]  Expect it.
[01:09:21.440 --> 01:09:27.440]  Well, here's the interesting or normal state of mind,
[01:09:27.440 --> 01:09:35.440]  is that I'm a builder, furniture maker, whatever, contractor.
[01:09:35.440 --> 01:09:36.440]  Cool.
[01:09:36.440 --> 01:09:42.440]  Most of us go through life, and we do what we say we're going to do.
[01:09:42.440 --> 01:09:44.440]  We do what's expected of us.
[01:09:44.440 --> 01:09:48.440]  We fulfill our contractual obligations.
[01:09:48.440 --> 01:09:51.440]  We, you know, for the most part, obey the law, right?
[01:09:51.440 --> 01:09:57.440]  I mean, that's like you do the best you can to fulfill all those obligations.
[01:09:57.440 --> 01:10:03.440]  And then when you get into the legal system, they're like 180 degrees.
[01:10:03.440 --> 01:10:06.440]  They do everything they can to not obey anything.
[01:10:06.440 --> 01:10:15.440]  And you have to adjust your thinking to that, and it's pretty hard to do that.
[01:10:15.440 --> 01:10:20.440]  Speaking to the corruption of the popes during the Dark Ages,
[01:10:20.440 --> 01:10:27.440]  very aptly observed, the giver of the law most owes the law allegiance.
[01:10:27.440 --> 01:10:34.440]  He of all beings should behave as though the law compels him.
[01:10:34.440 --> 01:10:41.440]  And that...
[01:10:41.440 --> 01:10:43.440]  Well, Randy, that's cutting out there a little bit.
[01:10:43.440 --> 01:10:47.440]  Can you say that again about the...
[01:10:47.440 --> 01:10:50.440]  I know where you're going with this, about administering and owning.
[01:10:50.440 --> 01:10:52.440]  Can you say that part again?
[01:10:52.440 --> 01:10:53.440]  Okay.
[01:10:53.440 --> 01:10:54.440]  Can you hear me now?
[01:10:54.440 --> 01:10:55.440]  Yes.
[01:10:55.440 --> 01:10:56.440]  Okay.
[01:10:56.440 --> 01:11:02.440]  He said the giver of the law most owes the law allegiance.
[01:11:02.440 --> 01:11:06.440]  He of all beings should behave as though the law compels him.
[01:11:06.440 --> 01:11:12.440]  But it is the universal failing of mankind that what we are given to administer,
[01:11:12.440 --> 01:11:16.440]  we promptly presume we own.
[01:11:16.440 --> 01:11:22.440]  And that is the nature of human beings.
[01:11:22.440 --> 01:11:24.440]  That's why this is a republic.
[01:11:24.440 --> 01:11:27.440]  Our founders understood that.
[01:11:27.440 --> 01:11:31.440]  And they created a republic so that you and I,
[01:11:31.440 --> 01:11:37.440]  we could maintain the system by being the master of the servant.
[01:11:37.440 --> 01:11:44.440]  It's our job to go in there and set them up and then smack them good.
[01:11:44.440 --> 01:11:50.440]  I can pretty well guarantee you that if you take a criminal complaint
[01:11:50.440 --> 01:11:54.440]  to Judge Robert Whitaker in Victoria County,
[01:11:54.440 --> 01:12:00.440]  he's going to take that complaint the issue wants.
[01:12:00.440 --> 01:12:05.440]  He was doing what his training told him to do.
[01:12:05.440 --> 01:12:09.440]  And he felt like he was doing the right thing.
[01:12:09.440 --> 01:12:13.440]  You can't just take complaints from just any old Joe Bo off the street.
[01:12:13.440 --> 01:12:16.440]  You'll be swamped with garbage worthless complaints,
[01:12:16.440 --> 01:12:20.440]  and you'll wind up arresting people for no good reason.
[01:12:20.440 --> 01:12:22.440]  So we have to stand guard here.
[01:12:22.440 --> 01:12:25.440]  No, you don't.
[01:12:25.440 --> 01:12:30.440]  The Texas Code of Criminal Procedure forbade you to stand guard.
[01:12:30.440 --> 01:12:35.440]  It said when a complaint is forwarded to a magistrate complete in accordance
[01:12:35.440 --> 01:12:37.440]  with 1505 Code of Criminal Procedure,
[01:12:37.440 --> 01:12:40.440]  and that just lays out the requisites of a complaint,
[01:12:40.440 --> 01:12:46.440]  the magistrate shall issue a warning.
[01:12:46.440 --> 01:12:52.440]  What part of Horthwith is hard to...
[01:12:52.440 --> 01:12:55.440]  So I knew he would do that.
[01:12:55.440 --> 01:12:58.440]  I won't let him do that.
[01:12:58.440 --> 01:13:01.440]  He has complaints with lots of JPs, and they refuse to take them.
[01:13:01.440 --> 01:13:03.440]  So this time I set him up.
[01:13:03.440 --> 01:13:05.440]  That's what we need to start doing.
[01:13:05.440 --> 01:13:09.440]  Figure out, you pretty well know what he's going to do.
[01:13:09.440 --> 01:13:12.440]  So you want to go into court, if you can,
[01:13:12.440 --> 01:13:16.440]  with the criminal complaints already in your hand.
[01:13:16.440 --> 01:13:21.440]  Get the judge to refuse to do something the law commands him to do.
[01:13:21.440 --> 01:13:24.440]  And then when he doesn't, take out the criminal complaint,
[01:13:24.440 --> 01:13:28.440]  and ask the bailiff, here, arrest that judge.
[01:13:28.440 --> 01:13:32.440]  This last hearing was the eighth time I've asked the bailiff
[01:13:32.440 --> 01:13:34.440]  to arrest a judge in court.
[01:13:34.440 --> 01:13:40.440]  The judge in this case did exactly what every other judge did.
[01:13:40.440 --> 01:13:44.440]  He kept his mouth shut.
[01:13:44.440 --> 01:13:49.440]  He did not say one word while I was talking to that bailiff,
[01:13:49.440 --> 01:13:54.440]  because he knew, he knew that I knew.
[01:13:54.440 --> 01:13:58.440]  One word out of him, witness tampering and obstruction.
[01:13:58.440 --> 01:14:00.440]  Both of them felonies.
[01:14:00.440 --> 01:14:03.440]  So go ahead and interfere with me making a criminal accusation
[01:14:03.440 --> 01:14:07.440]  to a peace officer and see how that works out for you.
[01:14:07.440 --> 01:14:12.440]  Everything gets worse from here.
[01:14:12.440 --> 01:14:17.440]  You go in there, do everything in a written motion.
[01:14:17.440 --> 01:14:25.440]  I ask the court to dismiss the case for denial of the Constitution.
[01:14:25.440 --> 01:14:27.440]  Deny it.
[01:14:27.440 --> 01:14:31.440]  So do you...
[01:14:31.440 --> 01:14:33.440]  Whoa.
[01:14:33.440 --> 01:14:35.440]  There's a lot of noise there.
[01:14:35.440 --> 01:14:41.440]  That's not me.
[01:14:41.440 --> 01:14:43.440]  Well, maybe it is.
[01:14:43.440 --> 01:14:45.440]  Okay, maybe you're back.
[01:14:45.440 --> 01:14:48.440]  Okay, can you hear me now?
[01:14:48.440 --> 01:14:51.440]  Yes, we were talking about subject matter jurisdiction.
[01:14:51.440 --> 01:14:53.440]  Yes, I'm going to throw out this microphone.
[01:14:53.440 --> 01:14:55.440]  That's annoying.
[01:14:55.440 --> 01:14:58.440]  I challenged subject matter jurisdiction and a bunch of stuff,
[01:14:58.440 --> 01:15:00.440]  and he just blew it all off.
[01:15:00.440 --> 01:15:02.440]  Well, I knew he would.
[01:15:02.440 --> 01:15:05.440]  I also filed criminal charges against his clerk.
[01:15:05.440 --> 01:15:06.440]  That was just for yucks.
[01:15:06.440 --> 01:15:09.440]  I filed criminal charges against the chief of police,
[01:15:09.440 --> 01:15:12.440]  and first degree felony aggravated assault charges
[01:15:12.440 --> 01:15:15.440]  against the officer who wrote the ticket,
[01:15:15.440 --> 01:15:18.440]  and he ignored all of them.
[01:15:18.440 --> 01:15:21.440]  Well, now I get to sue him personally.
[01:15:21.440 --> 01:15:24.440]  Let's see how that works for you, Bubba.
[01:15:24.440 --> 01:15:25.440]  Set him up.
[01:15:25.440 --> 01:15:27.440]  Give him an opportunity.
[01:15:27.440 --> 01:15:30.440]  Ask him to do something that you really don't want him to do,
[01:15:30.440 --> 01:15:34.440]  and be ready for him when they do it.
[01:15:34.440 --> 01:15:37.440]  This is how we're going to fix it.
[01:15:37.440 --> 01:15:50.440]  And I can tell you...
[01:15:50.440 --> 01:15:53.440]  Yeah, that is definitely my microphone.
[01:15:53.440 --> 01:15:56.440]  Okay, am I back up?
[01:15:56.440 --> 01:15:57.440]  Yes.
[01:15:57.440 --> 01:15:59.440]  Okay, that's definitely this microphone.
[01:15:59.440 --> 01:16:01.440]  I'm going to have to replace it.
[01:16:01.440 --> 01:16:05.440]  Okay, when you start going after them...
[01:16:05.440 --> 01:16:07.440]  That's terrific.
[01:16:07.440 --> 01:16:13.440]  It is so much fun.
[01:16:13.440 --> 01:16:15.440]  It will change your perspective,
[01:16:15.440 --> 01:16:18.440]  and it will change their perspective.
[01:16:18.440 --> 01:16:28.440]  So, Greg, what are you going to charge the judge with?
[01:16:28.440 --> 01:16:31.440]  That was a long pause.
[01:16:31.440 --> 01:16:35.440]  You're making me take care of her.
[01:16:35.440 --> 01:16:38.440]  Okay, call us back next week,
[01:16:38.440 --> 01:16:42.440]  and tell us how you're going to set up the judge
[01:16:42.440 --> 01:16:44.440]  and what you're going to charge him with.
[01:16:44.440 --> 01:16:46.440]  Okay, thank you.
[01:16:46.440 --> 01:16:47.440]  Okay, thank you, Greg.
[01:16:47.440 --> 01:16:48.440]  Thank you.
[01:16:48.440 --> 01:16:49.440]  All right.
[01:16:49.440 --> 01:16:50.440]  Good night.
[01:16:50.440 --> 01:16:53.440]  Randy Kelton, Breath Mountain Wheelbarrow Radio.
[01:16:53.440 --> 01:16:55.440]  We're going to our sponsors.
[01:16:55.440 --> 01:17:03.440]  Are you looking to have a closer relationship with God
[01:17:03.440 --> 01:17:05.440]  and a better understanding of His Word?
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[01:17:08.440 --> 01:17:11.440]  from 8 to 10 p.m. Central Time for Scripture Talk,
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[01:17:14.440 --> 01:17:16.440]  in accord with 2 Timothy 2.15.
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[01:19:00.440 --> 01:19:20.440]  This is the Logos Radio Network.
[01:19:30.440 --> 01:19:35.440]  Hey, I'm gonna fool me with that same old trick again.
[01:19:35.440 --> 01:19:40.440]  I was blindsided, but now I can see your plans.
[01:19:40.440 --> 01:19:45.440]  You put the fear in my pocket, took the money from my hand.
[01:19:45.440 --> 01:19:54.440]  Ain't gonna fool me with that same old trick again.
[01:19:54.440 --> 01:20:11.440]  Ain't gonna fool me.
[01:20:11.440 --> 01:20:16.440]  Ain't gonna drive me with that same old sucker punch.
[01:20:16.440 --> 01:20:21.440]  I get it now, but then I must have been out of love.
[01:20:21.440 --> 01:20:26.440]  Back then you had room to move, but now you're feeling the crunch.
[01:20:26.440 --> 01:20:33.440]  Ain't gonna get me with that same old sucker punch.
[01:20:33.440 --> 01:20:34.440]  Okay, we are back.
[01:20:34.440 --> 01:20:36.440]  This is the Rule Of Law Radio.
[01:20:36.440 --> 01:20:37.440]  Randy Kelton.
[01:20:37.440 --> 01:20:38.440]  I'm Brett Fenton.
[01:20:38.440 --> 01:20:41.440]  And I think Randy's still trying to get his mic going.
[01:20:41.440 --> 01:20:46.440]  Somebody muted it.
[01:20:46.440 --> 01:20:52.440]  All right, and this is Thursday, the 6th of October, 2022.
[01:20:52.440 --> 01:20:54.440]  Are you sure it's October?
[01:20:54.440 --> 01:21:00.440]  Well, you know, I've been telling you that for months.
[01:21:00.440 --> 01:21:02.440]  It's bound to be right eventually.
[01:21:02.440 --> 01:21:07.440]  All right, we're gonna go ahead and go to E.J. in California.
[01:21:07.440 --> 01:21:10.440]  Good evening, E.J.
[01:21:10.440 --> 01:21:14.440]  Good evening, Randy and Brett.
[01:21:14.440 --> 01:21:17.440]  Tina was on earlier, and I hope you don't mind.
[01:21:17.440 --> 01:21:20.440]  I wanted to kind of advertise.
[01:21:20.440 --> 01:21:26.440]  If you don't mind, I'm going to post it on Telegram as well.
[01:21:26.440 --> 01:21:40.440]  It's going to be a Fundly account for her because there's some decompression stuff that Tina needs.
[01:21:40.440 --> 01:21:44.440]  So I'm going to be posting a Fundly account.
[01:21:44.440 --> 01:21:53.440]  And also, Brett and Randy, I posted a coffee, some kind of coffee site.
[01:21:53.440 --> 01:22:02.440]  I need for you guys to do a Stripe, to fill out a Stripe account so those funds can go to your account.
[01:22:02.440 --> 01:22:06.440]  I don't know if you have a Stripe account.
[01:22:06.440 --> 01:22:08.440]  You know what she's talking about, Randy?
[01:22:08.440 --> 01:22:10.440]  I've heard of it, but I don't have one.
[01:22:10.440 --> 01:22:13.440]  It's one of those newfangled things that's connected to, you know,
[01:22:13.440 --> 01:22:18.440]  some contraptions and then it connects to your credit card.
[01:22:18.440 --> 01:22:19.440]  Oh, okay.
[01:22:19.440 --> 01:22:28.440]  Does this – oh, it's not like crowdfunding or something that's going to invoke the SEC, is it?
[01:22:28.440 --> 01:22:31.440]  No, it's just BuyMeACoffee.
[01:22:31.440 --> 01:22:32.440]  Oh, okay.
[01:22:32.440 --> 01:22:35.440]  It's BuyMeACoffee.com.
[01:22:35.440 --> 01:22:41.440]  So I'm going to try to advertise that, if you don't mind, on your telegram.
[01:22:41.440 --> 01:22:47.440]  But those two, I wanted to get your approval before, especially with Tina's.
[01:22:47.440 --> 01:22:49.440]  I wanted to do a Fundly account for her.
[01:22:49.440 --> 01:22:51.440]  Yes, go ahead.
[01:22:51.440 --> 01:22:52.440]  Okay, great.
[01:22:52.440 --> 01:22:53.440]  Thank you.
[01:22:53.440 --> 01:23:06.440]  So just to give you an update on my suit against the hospital, I guess the motion to disqualify,
[01:23:06.440 --> 01:23:14.440]  the first judge worked because he removed himself for all the motions of this year.
[01:23:14.440 --> 01:23:19.440]  So I don't know who's going to be the next judge.
[01:23:19.440 --> 01:23:24.440]  But the second judge, which was the female judge, she disappeared as well.
[01:23:24.440 --> 01:23:27.440]  I don't know where she went.
[01:23:27.440 --> 01:23:32.440]  But there are two retired judges on the case.
[01:23:32.440 --> 01:23:38.440]  But I have to figure out if it is so in California.
[01:23:38.440 --> 01:23:45.440]  I have only one chance to disqualify one judge, and that's it.
[01:23:45.440 --> 01:23:48.440]  Okay, that's not exactly true.
[01:23:48.440 --> 01:23:51.440]  I'm sure California is like Texas in that regard.
[01:23:51.440 --> 01:23:58.440]  If a judge is appointed, you have one free strike.
[01:23:58.440 --> 01:24:07.440]  That's what a lawyer, while we were having a hearing, butted in and gave me free unsolicited legal advice.
[01:24:07.440 --> 01:24:12.440]  He told me if I objected to this judge and struck this judge,
[01:24:12.440 --> 01:24:18.440]  that I would have to accept the next judge because I couldn't strike him.
[01:24:18.440 --> 01:24:24.440]  Well, it was interesting, and I appreciated him giving me that free legal advice.
[01:24:24.440 --> 01:24:28.440]  I appreciated it even more if it was true.
[01:24:28.440 --> 01:24:33.440]  You can strike any judge for cause.
[01:24:33.440 --> 01:24:35.440]  Okay, that's right.
[01:24:35.440 --> 01:24:38.440]  You did mention that, and that's right.
[01:24:38.440 --> 01:24:41.440]  Thank you for the reminder for cause.
[01:24:41.440 --> 01:24:44.440]  Okay.
[01:24:44.440 --> 01:24:51.440]  And if he's a retired judge, and this is what I complained about, I have no remedy.
[01:24:51.440 --> 01:24:56.440]  If he rules against me out of hand at every turn, he doesn't answer to the voters.
[01:24:56.440 --> 01:24:59.440]  Oh, I could file a judicious conduct complaint against him,
[01:24:59.440 --> 01:25:03.440]  but it won't make any difference because he's not a judge anymore.
[01:25:03.440 --> 01:25:07.440]  And he doesn't answer to the electorate, so I have no remedy.
[01:25:07.440 --> 01:25:13.440]  So I'm going to object to any retired judge and claim that it denies me
[01:25:13.440 --> 01:25:18.440]  and my right to a fair and competent jurist in the first instance.
[01:25:18.440 --> 01:25:21.440]  And we'll take that to the Supreme.
[01:25:21.440 --> 01:25:23.440]  I was speaking to this earlier.
[01:25:23.440 --> 01:25:29.440]  You want to take on an issue that you can take to the Supreme.
[01:25:29.440 --> 01:25:34.440]  That's why I was talking about this judge being appointed.
[01:25:34.440 --> 01:25:40.440]  If you screw that up for them, then they don't get to appoint retired judges,
[01:25:40.440 --> 01:25:44.440]  and retired judges don't get to make extra money.
[01:25:44.440 --> 01:25:50.440]  And they don't get to get a judge in there to do all their crappy rulings for them.
[01:25:50.440 --> 01:25:53.440]  So they're not going to want you to screw that up.
[01:25:53.440 --> 01:25:57.440]  They're not going to want it to get to the Supreme.
[01:25:57.440 --> 01:26:03.440]  They'll make it go away first either by making you an offer you can't pass up
[01:26:03.440 --> 01:26:08.440]  or dismissing it for some other reason.
[01:26:08.440 --> 01:26:13.440]  But they don't want any constitutional issues or any issues
[01:26:13.440 --> 01:26:18.440]  that will disrupt their song and dance they do.
[01:26:18.440 --> 01:26:21.440]  So always look for one of those.
[01:26:21.440 --> 01:26:25.440]  This was an extra they threw at me.
[01:26:25.440 --> 01:26:30.440]  They had a hearing the other day, but since I challenged this judge,
[01:26:30.440 --> 01:26:34.440]  I'll likely get that hearing struck.
[01:26:34.440 --> 01:26:37.440]  They can't get to court with me.
[01:26:37.440 --> 01:26:41.440]  They can't get past due process on the front end.
[01:26:41.440 --> 01:26:44.440]  I bet they feel really hamstrung right about now.
[01:26:44.440 --> 01:26:45.440]  Don't know what to do.
[01:26:45.440 --> 01:26:48.440]  They can't move forward, can't move backwards.
[01:26:48.440 --> 01:26:49.440]  Yeah.
[01:26:49.440 --> 01:26:53.440]  Well, this is kind of a conundrum.
[01:26:53.440 --> 01:26:57.440]  E.J., they've appointed a retired judge.
[01:26:57.440 --> 01:27:03.440]  You object to the appointment as improper or object to...
[01:27:03.440 --> 01:27:08.440]  Did you move to recuse the original judge?
[01:27:08.440 --> 01:27:12.440]  The elected judge who was originally...
[01:27:12.440 --> 01:27:14.440]  Yes, the elected judge.
[01:27:14.440 --> 01:27:15.440]  The elected judge?
[01:27:15.440 --> 01:27:16.440]  No, I did not.
[01:27:16.440 --> 01:27:18.440]  I've never seen her.
[01:27:18.440 --> 01:27:23.440]  Did she just recuse herself?
[01:27:23.440 --> 01:27:25.440]  The elected judge, no.
[01:27:25.440 --> 01:27:33.440]  She was called to be a federal judge, like a substitute federal judge.
[01:27:33.440 --> 01:27:36.440]  So she's up there at the federal level.
[01:27:36.440 --> 01:27:43.440]  So these two retired judges are hearing her cases.
[01:27:43.440 --> 01:27:44.440]  Oh, okay.
[01:27:44.440 --> 01:27:49.440]  So they are actually sitting judges now.
[01:27:49.440 --> 01:27:50.440]  Yes.
[01:27:50.440 --> 01:27:58.440]  Unlike in my case where the judge was appointed for the singular purpose of this one issue.
[01:27:58.440 --> 01:28:03.440]  They're sitting as a judge, so you can screw them up pretty good.
[01:28:03.440 --> 01:28:06.440]  Finally, judicial conduct complaint against them.
[01:28:06.440 --> 01:28:20.440]  In Texas, if a judge has been disciplined by the Commission on Judicial Conduct, he cannot be an appointed judge.
[01:28:20.440 --> 01:28:32.440]  So look at California law in the section that addresses appointments of retired judges.
[01:28:32.440 --> 01:28:37.440]  Yes, there is one, and I'll post that on Telegram tonight.
[01:28:37.440 --> 01:28:47.440]  There are certain things they have to adhere to, the canon, and it's posted on our website, on the court's website.
[01:28:47.440 --> 01:28:50.440]  So if you don't mind, I'll post that as well.
[01:28:50.440 --> 01:29:01.440]  Look for the disqualifications, the issues that would disqualify a judge from being appointed and attacking on those issues.
[01:29:01.440 --> 01:29:02.440]  Okay.
[01:29:02.440 --> 01:29:03.440]  Okay.
[01:29:03.440 --> 01:29:08.440]  Yeah, I'm pretty surprised that he removed himself from the case.
[01:29:08.440 --> 01:29:12.440]  You know, it was just all of a sudden.
[01:29:12.440 --> 01:29:21.440]  So I was pretty pleased, and I'm going to be – I took a hiatus this week, just stopped Telegram for four days, five days,
[01:29:21.440 --> 01:29:29.440]  and then I'm going to post all my emotions, the disqualification to help people, because I guess it worked.
[01:29:29.440 --> 01:29:31.440]  I don't know.
[01:29:31.440 --> 01:29:34.440]  It was pretty severe, you know.
[01:29:34.440 --> 01:29:36.440]  But you can go to your next caller.
[01:29:36.440 --> 01:29:40.440]  I just wanted to update you on the case.
[01:29:40.440 --> 01:29:41.440]  Okay.
[01:29:41.440 --> 01:29:42.440]  Thank you, E.J.
[01:29:42.440 --> 01:29:44.440]  Hang on.
[01:29:44.440 --> 01:29:47.440]  This is Randy Kelton, Brett Fountain with our radio.
[01:29:47.440 --> 01:29:54.440]  We're going to our sponsors, our call-in number, 512-646-1984.
[01:29:54.440 --> 01:30:00.440]  So if you have – yeah, we're going to have one slot open up as soon as E.J. drops off.
[01:30:00.440 --> 01:30:09.440]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
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[01:30:28.440 --> 01:30:32.440]  Say no to surveillance and keep your information to yourself.
[01:30:32.440 --> 01:30:35.440]  Privacy, it's worth hanging on to.
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[01:31:31.440 --> 01:31:36.440]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:34:02.440 --> 01:34:22.440]  Okay, we are back.
[01:34:22.440 --> 01:34:28.440]  Randy Kelton, Brett Fountain, Rule of Law Radio, on this, the sixth day of October, 2022,
[01:34:28.440 --> 01:34:32.440]  and we're going to Martichay in Tennessee.
[01:34:32.440 --> 01:34:36.440]  Hello, Martichay, what do you have for us today?
[01:34:36.440 --> 01:34:38.440]  How you doing, Randy?
[01:34:38.440 --> 01:34:40.440]  Good, good.
[01:34:40.440 --> 01:34:45.440]  You wanted me to give you that case where I found the,
[01:34:45.440 --> 01:34:59.440]  where the court ruled that there is no, there is no notice requirement for the 1983?
[01:34:59.440 --> 01:35:01.440]  Yes.
[01:35:01.440 --> 01:35:03.440]  Yeah, I got that case number for you.
[01:35:03.440 --> 01:35:09.440]  It's federal, it's F-E-R-R.
[01:35:09.440 --> 01:35:13.440]  Wait, wait, wait, wait, you broke up a second.
[01:35:13.440 --> 01:35:15.440]  Fedler?
[01:35:15.440 --> 01:35:17.440]  Say it again.
[01:35:17.440 --> 01:35:31.440]  It's Fedler versus Casey, 487 U.S. 131.
[01:35:31.440 --> 01:35:34.440]  That's for U.S.?
[01:35:34.440 --> 01:35:36.440]  487.
[01:35:36.440 --> 01:35:38.440]  Oh, 487, okay.
[01:35:38.440 --> 01:35:42.440]  U.S. 131.
[01:35:42.440 --> 01:35:45.440]  Okay, I will look that up.
[01:35:45.440 --> 01:35:48.440]  I'm about to file another federal suit.
[01:35:48.440 --> 01:35:52.440]  I've never given notice for a federal suit in the past,
[01:35:52.440 --> 01:35:56.440]  and maybe that's why I never give notice, because I didn't need to.
[01:35:56.440 --> 01:36:03.440]  Okay, now tell us what happened when you called the highway department
[01:36:03.440 --> 01:36:13.440]  about the lawsuit that you were filing or have filed about them revoking your license.
[01:36:13.440 --> 01:36:16.440]  I called here in Florida.
[01:36:16.440 --> 01:36:19.440]  You have to submit an application.
[01:36:19.440 --> 01:36:25.440]  If there was a notice requirement, you would have to submit it to the Department of Finance also.
[01:36:25.440 --> 01:36:29.440]  What I did was I called the directors of the Department of Finance.
[01:36:29.440 --> 01:36:31.440]  I left a message and asked them to call me back.
[01:36:31.440 --> 01:36:34.440]  I wanted to know how it worked.
[01:36:34.440 --> 01:36:39.440]  I read it, and I read it online, but I wanted just confirmation to come in and come out.
[01:36:39.440 --> 01:36:41.440]  So I called them, left a message.
[01:36:41.440 --> 01:36:42.440]  They called me back.
[01:36:42.440 --> 01:36:44.440]  They were trying to figure out what I wanted.
[01:36:44.440 --> 01:36:45.440]  I was trying to tell him.
[01:36:45.440 --> 01:36:52.440]  I told him the situation, and I needed to know if there was a requirement,
[01:36:52.440 --> 01:36:54.440]  because I'm going to file federal.
[01:36:54.440 --> 01:36:56.440]  And he went, well, no, there's no requirement from federal.
[01:36:56.440 --> 01:36:58.440]  You can just file a suit.
[01:36:58.440 --> 01:37:03.440]  He said, you can provide the suit to us, but you don't have to.
[01:37:03.440 --> 01:37:10.440]  I said, well, if I provide the suit to you, would that do any good?
[01:37:10.440 --> 01:37:18.440]  He said, well, on a civil rights violation, he said that we would not be able to award you any money
[01:37:18.440 --> 01:37:22.440]  until the courts ruled in your favor.
[01:37:22.440 --> 01:37:30.440]  But if there is a constitutional violation that is occurring,
[01:37:30.440 --> 01:37:42.440]  it is our attorney's duty to reach out to you to get that addressed before the case gets settled.
[01:37:42.440 --> 01:37:49.440]  But he said that in order for us to pay you out, the case has to get settled.
[01:37:49.440 --> 01:37:53.440]  I said, okay, well, then I began to tell him my situation.
[01:37:53.440 --> 01:37:57.440]  I told him about the situation, all the information that I found on the federal report
[01:37:57.440 --> 01:38:00.440]  saying that there needs to be a determination hearing,
[01:38:00.440 --> 01:38:05.440]  because once a license is issued, there is an interest that is attached to it.
[01:38:05.440 --> 01:38:09.440]  So since there is an interest attached to it,
[01:38:09.440 --> 01:38:15.440]  there are constitutional guarantees that are provided to that interest.
[01:38:15.440 --> 01:38:21.440]  And one of those constitutional guarantees was to have a determination hearing.
[01:38:21.440 --> 01:38:29.440]  And at the determination hearing, they have to see that it proves the ability to pay.
[01:38:29.440 --> 01:38:36.440]  So in fact, that is a protection to protect indigent defendants from getting their license suspended,
[01:38:36.440 --> 01:38:41.440]  because they need that to go to church, school, make money.
[01:38:41.440 --> 01:38:43.440]  And I told him, I'm a mechanic now.
[01:38:43.440 --> 01:38:51.440]  I have a nine-year-old son, and I have not been able to provide for him properly for the last four or five years.
[01:38:51.440 --> 01:38:55.440]  And he's like, oh, that doesn't sound right.
[01:38:55.440 --> 01:38:57.440]  I'm like, exactly.
[01:38:57.440 --> 01:39:03.440]  I said, it also doesn't pass rational basis review.
[01:39:03.440 --> 01:39:10.440]  The federal court has this and has this, and they said that you cannot suspend an indigent defendant
[01:39:10.440 --> 01:39:13.440]  expecting them to get money out of it.
[01:39:13.440 --> 01:39:14.440]  It doesn't make sense.
[01:39:14.440 --> 01:39:17.440]  And then even the director, he said, that doesn't make sense.
[01:39:17.440 --> 01:39:19.440]  He's like, that doesn't sound right.
[01:39:19.440 --> 01:39:20.440]  I said, exactly.
[01:39:20.440 --> 01:39:22.440]  He said, do you have this in front of you?
[01:39:22.440 --> 01:39:23.440]  Like, you have this written?
[01:39:23.440 --> 01:39:24.440]  I said, I have it right in front of me.
[01:39:24.440 --> 01:39:27.440]  Yes, I'm writing the lawsuit right now.
[01:39:27.440 --> 01:39:33.440]  He's like, well, send that to us, because we need to get your license corrected immediately.
[01:39:33.440 --> 01:39:35.440]  He's like, is that all that you got suspended for?
[01:39:35.440 --> 01:39:38.440]  I said, yes, that's all I have suspended for is fines and fees.
[01:39:38.440 --> 01:39:40.440]  He said, well, you send us the application.
[01:39:40.440 --> 01:39:42.440]  We will send it to our attorney.
[01:39:42.440 --> 01:39:43.440]  They approve it.
[01:39:43.440 --> 01:39:48.440]  We will contact you and get a fix and get this issue addressed.
[01:39:48.440 --> 01:39:55.440]  But we can't pay you out until the court gives us a court order to pay you out on an issue,
[01:39:55.440 --> 01:39:59.440]  because obviously, you haven't been able to work for a couple of years.
[01:39:59.440 --> 01:40:02.440]  So they're going to have to assess how much that is.
[01:40:02.440 --> 01:40:05.440]  I'm sending it like, OK.
[01:40:05.440 --> 01:40:11.440]  So I said, in that, I mean, that's why we're calling to see if people are going to be any
[01:40:11.440 --> 01:40:13.440]  abuse to send the application fee.
[01:40:13.440 --> 01:40:17.440]  So I'm going to go ahead and send the application fee, because it seems like what you're telling
[01:40:17.440 --> 01:40:25.440]  me is that by law, once this is exposed to them, they must act.
[01:40:25.440 --> 01:40:32.440]  He said, is there a certain duty to act on the complaint once they get it?
[01:40:32.440 --> 01:40:38.440]  Do you have the federal case law that requires the hearing?
[01:40:38.440 --> 01:40:40.440]  Yes.
[01:40:40.440 --> 01:40:42.440]  Send that to me.
[01:40:42.440 --> 01:40:48.440]  I have it in my, OK, I'm going to have to look it up through the, there's several United
[01:40:48.440 --> 01:40:59.440]  States cases that says that once a license is given, it becomes part of a person's livelihood.
[01:40:59.440 --> 01:41:04.440]  And once it becomes part of the person's livelihood, it's protected by the 14th Amendment,
[01:41:04.440 --> 01:41:07.440]  6th Amendment due process clause.
[01:41:07.440 --> 01:41:17.440]  There are protections to protect the individual's interest, because that license becomes part
[01:41:17.440 --> 01:41:21.440]  of their liberty.
[01:41:21.440 --> 01:41:24.440]  Oh, wonderful.
[01:41:24.440 --> 01:41:25.440]  Yeah.
[01:41:25.440 --> 01:41:29.440]  Brett, remember Combi, I got a ticket in Combi.
[01:41:29.440 --> 01:41:30.440]  Brett got one too.
[01:41:30.440 --> 01:41:31.440]  Right.
[01:41:31.440 --> 01:41:33.440]  Got mine first.
[01:41:33.440 --> 01:41:35.440]  Yeah, you did.
[01:41:35.440 --> 01:41:41.440]  I drove 700 miles from Tennessee down to Combi, Texas to file some motions on the last day
[01:41:41.440 --> 01:41:46.440]  I had to appear, and they refused to let me file, because they didn't have a municipal
[01:41:46.440 --> 01:41:47.440]  judge at the time.
[01:41:47.440 --> 01:41:52.440]  I even called the police and asked them to arrest them for not letting me file.
[01:41:52.440 --> 01:42:00.440]  Then they issued a failure to appear and adjudicated an amount against me and filed that with the
[01:42:00.440 --> 01:42:05.440]  Texas Department of Public Safety, and they wouldn't let me renew my license.
[01:42:05.440 --> 01:42:10.440]  Isn't that real handy how they can do this adjudication without a judge?
[01:42:10.440 --> 01:42:11.440]  Yeah.
[01:42:11.440 --> 01:42:13.440]  Interesting how that works.
[01:42:13.440 --> 01:42:18.440]  So this gives me the tool I need to take them to the federal court.
[01:42:18.440 --> 01:42:20.440]  Oh, that'll be so much fun.
[01:42:20.440 --> 01:42:22.440]  Right.
[01:42:22.440 --> 01:42:30.440]  They can send a notice out that you failed to pay, but whoever's in control, I don't
[01:42:30.440 --> 01:42:36.440]  know who's in control in your state, but over here is the Water Department Highway.
[01:42:36.440 --> 01:42:41.440]  Before they suspend that license, they have to have another determination.
[01:42:41.440 --> 01:42:46.440]  They have to have a determination here outside of the court.
[01:42:46.440 --> 01:42:48.440]  Oh, wonderful.
[01:42:48.440 --> 01:42:50.440]  Right.
[01:42:50.440 --> 01:42:57.440]  I'll send them a court letter telling them I'm fixing to sue them in the federal court.
[01:42:57.440 --> 01:42:59.440]  This could be a lot of fun.
[01:42:59.440 --> 01:43:01.440]  Right.
[01:43:01.440 --> 01:43:08.440]  Anybody else who's had their license revoked, if this is federal and it's working in Florida,
[01:43:08.440 --> 01:43:12.440]  it should be as applicable here in Texas.
[01:43:12.440 --> 01:43:13.440]  Yeah.
[01:43:13.440 --> 01:43:16.440]  I got it from the Tennessee document.
[01:43:16.440 --> 01:43:19.440]  The Tennessee court ruled on it already.
[01:43:19.440 --> 01:43:21.440]  The federal court ruled on it.
[01:43:21.440 --> 01:43:27.440]  They appealed it, and then when they appealed it, the snake went back and changed the statute.
[01:43:27.440 --> 01:43:32.440]  So when they changed the statute, now in the appeals court, the appeals court is looking
[01:43:32.440 --> 01:43:38.440]  at the two defendants like, okay, is there, we look over the cases and they tell me if
[01:43:38.440 --> 01:43:40.440]  there's a problem.
[01:43:40.440 --> 01:43:42.440]  Is there still an issue?
[01:43:42.440 --> 01:43:46.440]  So they fix the issue, and it's related to the case with you.
[01:43:46.440 --> 01:43:48.440]  Hold on, hold on.
[01:43:48.440 --> 01:43:53.440]  We're about to go to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:43:53.440 --> 01:43:56.440]  We're going to our last segment.
[01:43:56.440 --> 01:43:57.440]  Did I say segment?
[01:43:57.440 --> 01:44:00.440]  Segment, we'll be right back.
[01:44:00.440 --> 01:44:01.440]  Dang, cookies.
[01:44:01.440 --> 01:44:02.440]  Cookies?
[01:44:02.440 --> 01:44:03.440]  Me love cookies.
[01:44:03.440 --> 01:44:04.440]  Oh, hi, Cookie Munchers.
[01:44:04.440 --> 01:44:06.440]  No, these are yucky cookies.
[01:44:06.440 --> 01:44:07.440]  Cookies?
[01:44:07.440 --> 01:44:08.440]  Yucky?
[01:44:08.440 --> 01:44:09.440]  No, no bad cookies.
[01:44:09.440 --> 01:44:11.440]  You can't even eat these cookies.
[01:44:11.440 --> 01:44:12.440]  These are cyber cookies.
[01:44:12.440 --> 01:44:13.440]  You can't eat?
[01:44:13.440 --> 01:44:16.440]  No, they are cyber cookies and they clog up your computer.
[01:44:16.440 --> 01:44:17.440]  These have apples.
[01:44:17.440 --> 01:44:18.440]  Really?
[01:44:18.440 --> 01:44:20.440]  Oh, that's an actual apple.
[01:44:20.440 --> 01:44:22.440]  Yummy apple.
[01:44:22.440 --> 01:44:26.440]  I'm going to throw away these yucky cookies in the trash.
[01:44:26.440 --> 01:44:32.440]  I click control, shift, delete, and then scroll down to cookies and clear them.
[01:44:32.440 --> 01:44:34.440]  Bye bye, yucky cookies.
[01:44:34.440 --> 01:44:39.440]  Now, I go to logosradio.network.com and I click on the Amazon box on the upper right
[01:44:39.440 --> 01:44:45.440]  hand side, bookmark the link, and I can go to Amazon through this link and order you
[01:44:45.440 --> 01:44:46.440]  some yummy new cookies.
[01:44:46.440 --> 01:44:48.440]  New cookies for me?
[01:44:48.440 --> 01:44:50.440]  Consider it an early Christmas present.
[01:44:50.440 --> 01:44:55.440]  And every time I order on Amazon, I go through this link and I give a little present to
[01:44:55.440 --> 01:44:57.440]  this radio network too.
[01:44:57.440 --> 01:44:58.440]  B is for cookie.
[01:44:58.440 --> 01:45:00.440]  B is for classified.
[01:45:00.440 --> 01:45:03.440]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:05.440 --> 01:46:34.440]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:46:34.440 --> 01:46:38.440]  And we're talking to Marty Shea in Florida.
[01:46:38.440 --> 01:46:40.440]  Okay, go ahead Marty Shea.
[01:46:40.440 --> 01:46:42.440]  This is great.
[01:46:42.440 --> 01:46:43.440]  I can use it.
[01:46:43.440 --> 01:46:44.440]  Everybody can use it.
[01:46:44.440 --> 01:46:50.440]  I'll build the pleadings for it so you just have to put the names and dates in it and
[01:46:50.440 --> 01:46:52.440]  file these things.
[01:46:52.440 --> 01:46:53.440]  Right.
[01:46:53.440 --> 01:47:03.440]  They buried it because they knew the judge already ruled that they had to overturn 260,000
[01:47:03.440 --> 01:47:07.440]  licenses that they suspended unlawfully.
[01:47:07.440 --> 01:47:09.440]  Oh, wonderful.
[01:47:09.440 --> 01:47:10.440]  Yeah.
[01:47:10.440 --> 01:47:17.440]  See, but here's the thing is when it went to the appeals court, they ruled it as mute.
[01:47:17.440 --> 01:47:22.440]  So now this order that the federal judge didn't wrote, they got away with it.
[01:47:22.440 --> 01:47:25.440]  I was mad at it at first, but then I thought about it.
[01:47:25.440 --> 01:47:30.440]  You know, I thought about it like they just gave the, through this process and you paying
[01:47:30.440 --> 01:47:38.440]  attention to it, you just learned the judge just gave you everything you needed in that
[01:47:38.440 --> 01:47:40.440]  lower court.
[01:47:40.440 --> 01:47:44.440]  She ruled in the favor saying that this is unconstitutional.
[01:47:44.440 --> 01:47:49.440]  The termination hearing is required as due process.
[01:47:49.440 --> 01:47:56.440]  Plus, indigent defendants cannot get their license taken away because of inability to
[01:47:56.440 --> 01:48:04.440]  pay court costs a fine because the term itself is deemed that the person has the inability
[01:48:04.440 --> 01:48:05.440]  to pay.
[01:48:05.440 --> 01:48:10.440]  And if it is taken away from them, that is a violation of their right to livelihood.
[01:48:10.440 --> 01:48:14.440]  And that's exactly what they're doing here in Texas, precisely.
[01:48:14.440 --> 01:48:15.440]  Right.
[01:48:15.440 --> 01:48:25.440]  So I get to say they already knew this was wrongful because the courts have already ruled
[01:48:25.440 --> 01:48:31.440]  that it's wrongful and under screws, if a public official violates the ruling of this
[01:48:31.440 --> 01:48:39.440]  court and he be saying, he may not be heard to say he knows something.
[01:48:39.440 --> 01:48:44.440]  So we can go in and say they knew this was wrong from the beginning.
[01:48:44.440 --> 01:48:47.440]  So they acted with the mens rea.
[01:48:47.440 --> 01:48:57.440]  How about the 1983 I was reading that and in the expression of it, it says that you
[01:48:57.440 --> 01:49:08.440]  can take the public official to sue the public official if they did it knowingly or unknowingly.
[01:49:08.440 --> 01:49:10.440]  Oh, this is good.
[01:49:10.440 --> 01:49:13.440]  I got a ticket in the town next to me.
[01:49:13.440 --> 01:49:18.440]  And I mentioned this earlier that the clerk, because I came and filed motions, it didn't
[01:49:18.440 --> 01:49:20.440]  just come in to enter a plea.
[01:49:20.440 --> 01:49:23.440]  She didn't get me put down in her ledger correctly.
[01:49:23.440 --> 01:49:27.440]  You broke her pattern.
[01:49:27.440 --> 01:49:29.440]  She wasn't expecting you to file anything.
[01:49:29.440 --> 01:49:30.440]  What is this?
[01:49:30.440 --> 01:49:32.440]  Yeah, it was just a clerical error.
[01:49:32.440 --> 01:49:34.440]  But that's what she did.
[01:49:34.440 --> 01:49:41.440]  She gave notice to the DPS that I was adjudicated this fine for failure to appear and I didn't
[01:49:41.440 --> 01:49:43.440]  pay it.
[01:49:43.440 --> 01:49:45.440]  But the case is still going on.
[01:49:45.440 --> 01:49:47.440]  It was a mistake.
[01:49:47.440 --> 01:49:51.440]  And then fortunately it was right at the right time for me to renew my license.
[01:49:51.440 --> 01:49:56.440]  And I went down to get it renewed and they refused to renew my license.
[01:49:56.440 --> 01:50:00.440]  So got her.
[01:50:00.440 --> 01:50:05.440]  And with this federal case, the DPS refused to renew my license.
[01:50:05.440 --> 01:50:08.440]  Now I get to sue them for it.
[01:50:08.440 --> 01:50:15.440]  But you also get to sue her for, you get to sue the DPS for not being able to get your
[01:50:15.440 --> 01:50:17.440]  license renewed that day, don't you?
[01:50:17.440 --> 01:50:18.440]  Yes.
[01:50:18.440 --> 01:50:21.440]  Because that is a process that was denied that day.
[01:50:21.440 --> 01:50:27.440]  I figured this out looking at my lawsuit, because I had two dates on there, which is
[01:50:27.440 --> 01:50:30.440]  still within the time limit of the four years.
[01:50:30.440 --> 01:50:35.440]  And then when I went and looked, one of those dates was when I came in and got an ID.
[01:50:35.440 --> 01:50:38.440]  So it wasn't an actual suspension.
[01:50:38.440 --> 01:50:42.440]  So I'm trying to say I was thinking to myself, like, how do I get this date in here?
[01:50:42.440 --> 01:50:44.440]  Because I already wrote it in the lawsuit.
[01:50:44.440 --> 01:50:45.440]  Then I thought about it.
[01:50:45.440 --> 01:50:47.440]  I'm like, wait a minute.
[01:50:47.440 --> 01:50:50.440]  They got me on these fine suspensions.
[01:50:50.440 --> 01:50:55.440]  So when I went in to get my, to get another state, a driver's license, they would not
[01:50:55.440 --> 01:50:56.440]  let me get it.
[01:50:56.440 --> 01:50:58.440]  They made me get an ID.
[01:50:58.440 --> 01:51:04.440]  So they forced me to get an ID because of fine and fees.
[01:51:04.440 --> 01:51:10.440]  So I'm like, okay, I'm going to have to rewrite that part to show that they restricted my
[01:51:10.440 --> 01:51:15.440]  liberty or right that I had because of fine and fees on lawsuits.
[01:51:15.440 --> 01:51:19.440]  So I just got to reword it.
[01:51:19.440 --> 01:51:21.440]  Oh, that is great.
[01:51:21.440 --> 01:51:23.440]  Yeah.
[01:51:23.440 --> 01:51:29.440]  I'm going to go, I'm going to go to the DPS and get an ID.
[01:51:29.440 --> 01:51:31.440]  I used to have one.
[01:51:31.440 --> 01:51:32.440]  It was great.
[01:51:32.440 --> 01:51:35.440]  I had a policeman pull me over and I gave him the ID and he asked me if I had a driver's
[01:51:35.440 --> 01:51:36.440]  license.
[01:51:36.440 --> 01:51:37.440]  I said, sure.
[01:51:37.440 --> 01:51:41.440]  But I'm not using it right now.
[01:51:41.440 --> 01:51:43.440]  He knew what I was talking about.
[01:51:43.440 --> 01:51:45.440]  And he said, are you one of those guys?
[01:51:45.440 --> 01:51:48.440]  I said, yes, I am.
[01:51:48.440 --> 01:51:49.440]  Go ahead.
[01:51:49.440 --> 01:51:50.440]  Have a nice day.
[01:51:50.440 --> 01:51:53.440]  Apparently he'd been in that fight and didn't want to go back.
[01:51:53.440 --> 01:51:56.440]  But this will let me get another ID.
[01:51:56.440 --> 01:52:03.440]  And I can use that as grounds, part of the grounds to sue them with.
[01:52:03.440 --> 01:52:04.440]  Right.
[01:52:04.440 --> 01:52:06.440]  You do have the right to go get it.
[01:52:06.440 --> 01:52:11.440]  And they told you no because of your fees or whatever on lawsuits.
[01:52:11.440 --> 01:52:13.440]  Oh, that's good.
[01:52:13.440 --> 01:52:18.440]  If they pull me over and give me a ticket, I get to sue them for it.
[01:52:18.440 --> 01:52:22.440]  I found a few, I found a few of the cases that I was talking about.
[01:52:22.440 --> 01:52:29.440]  It says, one of them says driving an automobile is a virtual necessity for most Americans.
[01:52:29.440 --> 01:52:31.440]  Wally versus Maryland.
[01:52:31.440 --> 01:52:38.440]  And then the next one says Dixon versus Love says it is clear that due process clause applies
[01:52:38.440 --> 01:52:43.440]  to the deprivation of a driver's license by the state.
[01:52:43.440 --> 01:52:44.440]  Okay.
[01:52:44.440 --> 01:52:47.440]  Next one says Bell versus Ferguson.
[01:52:47.440 --> 01:52:55.440]  It says it is a fundamental, except in emergency situations, due process requires that when
[01:52:55.440 --> 01:53:02.440]  a state seeks to determine, to terminate the driver's license of a presently licensed
[01:53:02.440 --> 01:53:11.440]  driver, it must afford notice and opportunity for hearing appropriate to the nature of the
[01:53:11.440 --> 01:53:17.440]  case before the termination becomes effective.
[01:53:17.440 --> 01:53:20.440]  Bell versus Ferguson.
[01:53:20.440 --> 01:53:27.440]  It says once a license is issued, as in the petitioner's case, their continued possession
[01:53:27.440 --> 01:53:31.440]  may become essential in the pursuit of a livelihood.
[01:53:31.440 --> 01:53:38.440]  The extension of issued licenses thus involves state actions that adjudicate important interests
[01:53:38.440 --> 01:53:41.440]  of the licensees.
[01:53:41.440 --> 01:53:49.440]  In such cases, the licenses are not to be taken away without that due process required,
[01:53:49.440 --> 01:53:54.440]  the procedural due process required by the 14th Amendment.
[01:53:54.440 --> 01:54:01.440]  This is but in the application of the general proposal for propositions that relevant constitutional
[01:54:01.440 --> 01:54:10.440]  restraint limit state powers to terminate an entitlement, whether the entitlement is
[01:54:10.440 --> 01:54:13.440]  denominated a right or a privilege.
[01:54:13.440 --> 01:54:16.440]  They have other, you know, the case file.
[01:54:16.440 --> 01:54:17.440]  Yeah.
[01:54:17.440 --> 01:54:22.440]  What's the case where you got that from?
[01:54:22.440 --> 01:54:33.440]  Bell versus Ferguson is the 402-US-535.
[01:54:33.440 --> 01:54:42.440]  But I got all this information from that Tennessee case, Robinson versus Long or Robinson versus
[01:54:42.440 --> 01:54:43.440]  Perkins.
[01:54:43.440 --> 01:54:49.440]  I read all, I read every document that went on in that case.
[01:54:49.440 --> 01:54:54.440]  What is the case citation for that one?
[01:54:54.440 --> 01:55:02.440]  It's Bell versus Ferguson, 402-US-535.
[01:55:02.440 --> 01:55:03.440]  Okay, got that one.
[01:55:03.440 --> 01:55:06.440]  What about the Tennessee case, Robert versus Percy?
[01:55:06.440 --> 01:55:17.440]  Robert versus.
[01:55:17.440 --> 01:55:23.440]  If I ever get that one, then it'll have all the other cases in it.
[01:55:23.440 --> 01:55:25.440]  Is that Percy?
[01:55:25.440 --> 01:55:33.440]  How do you spell that lab's name?
[01:55:33.440 --> 01:55:36.440]  Seems like we might've lost Marcia.
[01:55:36.440 --> 01:55:37.440]  Marcia, yeah.
[01:55:37.440 --> 01:55:39.440]  I think I'm from.
[01:55:39.440 --> 01:55:41.440]  There you are.
[01:55:41.440 --> 01:55:48.440]  Robinson versus Percy, case number.
[01:55:48.440 --> 01:56:06.440]  It's like they're trying to hide it or something, but it says case number 3 colon 17-CV-1263.
[01:56:06.440 --> 01:56:09.440]  That looks like a civil case number.
[01:56:09.440 --> 01:56:11.440]  Right.
[01:56:11.440 --> 01:56:13.440]  Sounds like a trial court number.
[01:56:13.440 --> 01:56:24.440]  This is the United States District Court in Middle Tennessee.
[01:56:24.440 --> 01:56:32.440]  If you go to Google Scholar and then you go to the federal courts and you put in Robinson
[01:56:32.440 --> 01:56:36.440]  versus Perky, and then it'll pop up.
[01:56:36.440 --> 01:56:39.440]  How do you spell that last name?
[01:56:39.440 --> 01:56:46.440]  The Perky is P-U-R-K-E-Y.
[01:56:46.440 --> 01:56:49.440]  P-U-R-K-E-Y.
[01:56:49.440 --> 01:56:50.440]  I didn't have that one right.
[01:56:50.440 --> 01:56:53.440]  Okay, wonderful.
[01:56:53.440 --> 01:56:57.440]  I'm definitely going to pull that and have great fun with it.
[01:56:57.440 --> 01:56:58.440]  Right.
[01:56:58.440 --> 01:57:03.440]  And then, you know, I was looking at it, I'm like, this is a gift from heaven.
[01:57:03.440 --> 01:57:06.440]  The judge just wrote everything down.
[01:57:06.440 --> 01:57:13.440]  I just had to read everything and then now understand how they killed the case.
[01:57:13.440 --> 01:57:17.440]  This was a big move, but they killed the case by making it move.
[01:57:17.440 --> 01:57:27.440]  So that means that order that that judge filed demanding them to overturn all these licenses is dead.
[01:57:27.440 --> 01:57:31.440]  No, they can't do that.
[01:57:31.440 --> 01:57:38.440]  Even if they change the law, the change in the law is they can't apply it before the law was changed.
[01:57:38.440 --> 01:57:39.440]  Yeah, retroactively.
[01:57:39.440 --> 01:57:43.440]  Yeah, that's expo facto.
[01:57:43.440 --> 01:57:48.440]  But how they did it was they appealed the case, so the case was ongoing.
[01:57:48.440 --> 01:57:52.440]  So when they appealed, when they settled it, it became moot.
[01:57:52.440 --> 01:57:57.440]  So nothing that happened before mattered.
[01:57:57.440 --> 01:57:59.440]  No, that don't work that way.
[01:57:59.440 --> 01:58:03.440]  They probably stayed everything because it's still in court.
[01:58:03.440 --> 01:58:05.440]  But that would be expo facto.
[01:58:05.440 --> 01:58:09.440]  You can't do expo facto laws.
[01:58:09.440 --> 01:58:16.440]  I got a tick on that, but I know they did not turn over the light.
[01:58:16.440 --> 01:58:18.440]  Okay, we are out of time.
[01:58:18.440 --> 01:58:26.440]  Thank you, Marge, and John, Kenny, Fred, if you're calling tomorrow, we'll bump you to the top.
[01:58:26.440 --> 01:58:32.440]  This is Randy Kelton, Brent Fowler, Rue de la Radio.
[01:58:32.440 --> 01:58:37.440]  Brent, say something thoughtful for 15 seconds.
[01:58:37.440 --> 01:58:40.440]  Well, I'm sorry we didn't get to talk to everybody today.
[01:58:40.440 --> 01:58:47.440]  I saw a lot of callers come and jump in there and wish we had time to talk to everybody, but hopefully tomorrow night.
[01:58:47.440 --> 01:58:48.440]  That was thoughtful.
[01:58:48.440 --> 01:58:50.440]  We'll be right back.
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