ROL_2023-01-06_16k_Hr3-4.timecode

[00:00.000 --> 00:05.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.500 --> 00:09.500]  They guarantee the specific freedoms Americans should know and protect.
[00:09.500 --> 00:11.000]  Our liberty depends on it.
[00:11.000 --> 00:16.500]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights.
[00:16.500 --> 00:18.500]  Privacy is under attack.
[00:18.500 --> 00:22.000]  When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:26.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.500 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.500]  Privacy. It's worth hanging on to.
[00:34.500 --> 00:38.000]  This public service announcement is brought to you by Startpage.com,
[00:38.000 --> 00:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:45.500]  Start over with Startpage.
[00:45.500 --> 00:47.500]  Spar. It's what fighters do.
[00:47.500 --> 00:51.000]  It's also how I remember the five guarantees of the First Amendment.
[00:51.000 --> 00:54.000]  If you plan to take away my rights, I'm going to spar with you.
[00:54.000 --> 00:56.500]  Spar with an extra P.
[00:56.500 --> 01:03.000]  S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:03.000 --> 01:08.500]  Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion.
[01:08.500 --> 01:10.500]  But petition for redress is another matter.
[01:10.500 --> 01:14.500]  We have the right to petition the government for a redress of grievances.
[01:14.500 --> 01:17.500]  It means that if we're unhappy with what's going on in our government,
[01:17.500 --> 01:21.000]  we can spell out the reasons without fear of being thrown into jail.
[01:21.000 --> 01:26.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31.000 --> 01:34.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:34.500 --> 01:38.000]  They guarantee a specific freedoms Americans should know and protect.
[01:38.000 --> 01:39.500]  Our liberty depends on it.
[01:39.500 --> 01:43.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:43.000 --> 01:46.000]  to remember one of your constitutional rights.
[01:46.000 --> 01:48.000]  Privacy is under attack.
[01:48.000 --> 01:51.500]  When you give up data about yourself, you'll never get it back again.
[01:51.500 --> 01:56.500]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.500 --> 01:58.000]  So protect your rights.
[01:58.000 --> 02:01.500]  Say no to surveillance and keep your information to yourself.
[02:01.500 --> 02:04.000]  Privacy. It's worth hanging on to.
[02:04.000 --> 02:08.000]  This public service announcement is brought to you by StartPage.com,
[02:08.000 --> 02:12.000]  the private search engine alternative to Google, Yahoo, and Bing.
[02:12.000 --> 02:15.000]  Start over with StartPage.
[02:15.000 --> 02:19.000]  When I think of the Second Amendment, I visualize myself wrapping my two arms
[02:19.000 --> 02:22.000]  around the Bill of Rights in a big old bear hug.
[02:22.000 --> 02:26.000]  It's how I remember that the Second Amendment guarantees us the right to bear arms,
[02:26.000 --> 02:30.000]  arms that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.000 --> 02:33.000]  Get it? Two arms, bear hug, bear arms?
[02:33.000 --> 02:37.000]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.000 --> 02:38.000]  when he said,
[02:38.000 --> 02:43.000]  The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.000 --> 02:47.000]  one more safeguard against the tyranny which now appears remote in America,
[02:47.000 --> 02:51.000]  but which historically has proved to always be possible.
[02:51.000 --> 03:17.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:17.000 --> 03:21.000]  Well, I received my remedy today.
[03:21.000 --> 03:25.000]  It came in a box just like they say.
[03:25.000 --> 03:28.000]  I accepted it for fire right away.
[03:28.000 --> 03:32.000]  It's not sooner, not later.
[03:32.000 --> 03:39.000]  We are originators and the pathway seems to get straighter every day.
[03:39.000 --> 03:43.000]  Okay. Howdy, howdy. This is Randy Kelton, Brett Fountain,
[03:43.000 --> 03:52.000]  Glutabla Radio on this Friday, the sixth day of January, 2022.
[03:52.000 --> 03:53.000]  23.
[03:53.000 --> 03:59.000]  I'm sorry, 23. Today is the sixth.
[03:59.000 --> 04:04.000]  Seven days, seven and six is next Friday, Friday the 13th.
[04:04.000 --> 04:10.000]  The best day of all for bar grievances, criminal complaints, judicial misconduct complaints,
[04:10.000 --> 04:14.000]  peace officer complaints, that's the best day.
[04:14.000 --> 04:20.000]  When I filed those complaints against the judges of the Court of Criminal Appeals,
[04:20.000 --> 04:24.000]  I filed it on April Fool's Day.
[04:24.000 --> 04:26.000]  That was appropriate.
[04:26.000 --> 04:37.000]  Okay, Jane, when I finish the outro, don't stick your tongue in my metaphorical ear.
[04:37.000 --> 04:40.000]  That's what Brett called it.
[04:40.000 --> 04:47.000]  So I'm going to tell everybody on the telegram channel that you stuck your tongue in my ear.
[04:47.000 --> 04:50.000]  Okay. Did you have anything else for us?
[04:50.000 --> 04:55.000]  No, I forgot the thing I was going to ask you, but I am seeing where it says about the redaction,
[04:55.000 --> 04:57.000]  but it doesn't tell you the law.
[04:57.000 --> 05:04.000]  It just says that if you have to put on there that has document-contained sensitive data,
[05:04.000 --> 05:08.000]  which I didn't have to do that on the one because it already had it written on there,
[05:08.000 --> 05:14.000]  but on some of my tax returns, I didn't say document-contained sensitive.
[05:14.000 --> 05:19.000]  They should have just known that, but I guess they don't.
[05:19.000 --> 05:21.000]  Oh, they have to.
[05:21.000 --> 05:26.000]  Whether they personally know it, they're public officials.
[05:26.000 --> 05:28.000]  They've got to know.
[05:28.000 --> 05:29.000]  That's what I said.
[05:29.000 --> 05:31.000]  If not, they're screwed.
[05:31.000 --> 05:37.000]  They're supposed to be training this stuff every year.
[05:37.000 --> 05:43.000]  They've got to go through the training every year, so obviously they don't pay attention.
[05:43.000 --> 05:44.000]  Okay.
[05:44.000 --> 05:54.000]  Well, take a look at the Texas Penal Code 32.51 and see if that rings true for you there.
[05:54.000 --> 05:56.000]  All right.
[05:56.000 --> 06:01.000]  32.51.
[06:01.000 --> 06:02.000]  Okay.
[06:02.000 --> 06:03.000]  Well, I appreciate you all.
[06:03.000 --> 06:05.000]  Have a good night.
[06:05.000 --> 06:06.000]  Okay.
[06:06.000 --> 06:07.000]  Thank you, Jane.
[06:07.000 --> 06:13.000]  Now we're going to check out and see if our first-time callers woke up yet.
[06:13.000 --> 06:15.000]  Hello.
[06:15.000 --> 06:25.000]  If you are from the 240 area code, talk to me.
[06:25.000 --> 06:27.000]  Apparently not.
[06:27.000 --> 06:28.000]  Still snoring.
[06:28.000 --> 06:33.000]  Okay.
[06:33.000 --> 06:34.000]  Oh, here we go.
[06:34.000 --> 06:35.000]  Okay.
[06:35.000 --> 06:36.000]  Chris from Ohio.
[06:36.000 --> 06:37.000]  Hello, Chris.
[06:37.000 --> 06:43.000]  What do you have for us today?
[06:43.000 --> 06:45.000]  Well, how's it going, Randy and Brett?
[06:45.000 --> 06:48.000]  Going pretty good.
[06:48.000 --> 06:50.000]  Linda here.
[06:50.000 --> 06:54.000]  Hey, I was calling and I'm having some problems with the police chief.
[06:54.000 --> 06:55.000]  Wait a minute.
[06:55.000 --> 06:59.000]  I'm having some fidelity issues with your sound.
[06:59.000 --> 07:04.000]  Are you using a hands-free or a Bluetooth?
[07:04.000 --> 07:07.000]  I am not, no.
[07:07.000 --> 07:11.000]  Well, in that case, is your head in a toilet?
[07:11.000 --> 07:12.000]  Maybe not.
[07:12.000 --> 07:14.000]  Maybe not.
[07:14.000 --> 07:19.000]  Try to move the mic a little away from your mouth.
[07:19.000 --> 07:21.000]  Is that any better?
[07:21.000 --> 07:23.000]  Yeah, that's better.
[07:23.000 --> 07:25.000]  Okay.
[07:25.000 --> 07:26.000]  Okay.
[07:26.000 --> 07:27.000]  What do you have for us?
[07:27.000 --> 07:30.000]  I'm having problems with the police chief.
[07:30.000 --> 07:36.000]  I've got a police chief that...
[07:36.000 --> 07:37.000]  Wait a minute.
[07:37.000 --> 07:40.000]  Are you talking to us or somebody else?
[07:40.000 --> 07:41.000]  No, I'm talking to...
[07:41.000 --> 07:48.000]  I think he said the police chief, but I don't know yet what else.
[07:48.000 --> 07:56.000]  Yeah, I've got a police chief that I'm battling against.
[07:56.000 --> 07:58.000]  I don't know how...
[07:58.000 --> 08:13.000]  I've sent a citizen's complaint to township, to the trustees, and somehow he's intercepted that certified letter,
[08:13.000 --> 08:18.000]  and it's now hidden from the trustees.
[08:18.000 --> 08:19.000]  Whoa.
[08:19.000 --> 08:23.000]  Interesting.
[08:23.000 --> 08:29.000]  You need to resend that letter restricted.
[08:29.000 --> 08:36.000]  But you also need to call the postal inspectors and tell them if you've sent it certified,
[08:36.000 --> 08:41.000]  you want your 50 bucks because you didn't give it to the person it was addressed to.
[08:41.000 --> 08:45.000]  You gave it to the chief of police instead, so I want my 50 bucks.
[08:45.000 --> 08:50.000]  That'll get a couple of postal inspectors to go down there and talk to the chief.
[08:50.000 --> 08:52.000]  Okay.
[08:52.000 --> 08:54.000]  Do you know how the chief got it?
[08:54.000 --> 08:58.000]  Did these officials receive it and give it to the chief?
[08:58.000 --> 09:05.000]  Well, in this particular township, the administrative building is at the same place as the police department.
[09:05.000 --> 09:16.000]  And what I hear from the inside locker room talk, from individuals there,
[09:16.000 --> 09:25.000]  the chief is like Lord Dictator, if you will, where he knows in everyone's business,
[09:25.000 --> 09:29.000]  and he's got the trustees even scared.
[09:29.000 --> 09:30.000]  Well, Randy, what do you think?
[09:30.000 --> 09:40.000]  Maybe this is the situation where tax could go to the feds and say this is a federal crime of obstruction of mail
[09:40.000 --> 09:45.000]  and get the feds to come stomp it around with that chief.
[09:45.000 --> 09:48.000]  Exactly what I was thinking, postal inspectors.
[09:48.000 --> 09:50.000]  They will get his attention.
[09:50.000 --> 09:55.000]  You can tell the postal inspectors, from what I understand, he intercepts everybody's mail.
[09:55.000 --> 10:00.000]  And he's kind of using that to control the courthouse.
[10:00.000 --> 10:07.000]  But he intercepted their mails of their business, but he intercepted mine.
[10:07.000 --> 10:10.000]  You guys were supposed to give it to the person it was addressed to.
[10:10.000 --> 10:11.000]  You didn't do it.
[10:11.000 --> 10:14.000]  So I want my 50 bucks.
[10:14.000 --> 10:20.000]  All of these certified mails insured for 50 bucks.
[10:20.000 --> 10:29.000]  Well, he's going to get a visit, and they're going to make him tell how he got that.
[10:29.000 --> 10:35.000]  And he's probably going to tell them that the recipient gave it to him.
[10:35.000 --> 10:37.000]  A likely story.
[10:37.000 --> 10:40.000]  I don't know if he has it or not.
[10:40.000 --> 10:42.000]  Yeah, the point is.
[10:42.000 --> 10:44.000]  I'm not sure if I know if he's got it or not.
[10:44.000 --> 10:46.000]  I just know it's disappeared.
[10:46.000 --> 10:50.000]  He's going to have to explain himself.
[10:50.000 --> 10:55.000]  And if he thinks he's some kind of big, high-level, lowered dictator,
[10:55.000 --> 11:01.000]  he's going to have to explain himself to somebody who don't care who he thinks he is.
[11:01.000 --> 11:04.000]  And you like to get his attention.
[11:04.000 --> 11:08.000]  Mostly what we need to do is just get their attention.
[11:08.000 --> 11:12.000]  So seek the postal inspectors on him.
[11:12.000 --> 11:15.000]  What did he do with this?
[11:15.000 --> 11:19.000]  Anything to your knowledge?
[11:19.000 --> 11:20.000]  Nothing that I know of.
[11:20.000 --> 11:23.000]  The only thing I know is I've reached out to the trustees.
[11:23.000 --> 11:29.000]  The trustees said that they haven't seen a lot of him.
[11:29.000 --> 11:34.000]  Oh, that is a big deal.
[11:34.000 --> 11:35.000]  That is a big deal.
[11:35.000 --> 11:37.000]  He intercepted the mail.
[11:37.000 --> 11:39.000]  That is absolutely.
[11:39.000 --> 11:41.000]  You need to send the postal inspectors on him.
[11:41.000 --> 11:44.000]  If they had seen it and gave it to him, that'd be one thing.
[11:44.000 --> 11:50.000]  But if they hadn't seen it and he has it, he has an issue.
[11:50.000 --> 11:55.000]  Yeah, the trustees have not seen it, but I know that it made it there
[11:55.000 --> 12:01.000]  because I was able to track the tracking of that certified letter
[12:01.000 --> 12:06.000]  where they received it on the 22nd at like 10 o'clock in the morning.
[12:06.000 --> 12:08.000]  So I got those parts.
[12:08.000 --> 12:11.000]  You sent that to a public official.
[12:11.000 --> 12:15.000]  It became a public document.
[12:15.000 --> 12:18.000]  And he secreted a public document from the person
[12:18.000 --> 12:22.000]  or office it was intended for.
[12:22.000 --> 12:25.000]  That's tampering with government document.
[12:25.000 --> 12:28.000]  Okay.
[12:28.000 --> 12:35.000]  So first thing, stick the postal inspectors on him.
[12:35.000 --> 12:37.000]  And then go down and file criminal charges against him
[12:37.000 --> 12:39.000]  for tampering with government document.
[12:39.000 --> 12:40.000]  That'll get you the attention.
[12:40.000 --> 12:42.000]  Do not file it with the police.
[12:42.000 --> 12:45.000]  File it with a magistrate.
[12:45.000 --> 12:47.000]  You're in Ohio.
[12:47.000 --> 12:51.000]  What does the code say in Ohio?
[12:51.000 --> 12:59.000]  Every state has to hold preliminary hearings in your criminal procedure code.
[12:59.000 --> 13:04.000]  To whom does it direct criminal complaints?
[13:04.000 --> 13:07.000]  Let me explain why I asked it that way.
[13:07.000 --> 13:12.000]  In Texas Code, there is nothing that directs a criminal complaint
[13:12.000 --> 13:16.000]  to a prosecuting attorney or a policeman.
[13:16.000 --> 13:17.000]  Nothing.
[13:17.000 --> 13:20.000]  It's traditional to raise issues with the police,
[13:20.000 --> 13:24.000]  but nothing in law directs a complaint to them.
[13:24.000 --> 13:30.000]  Everything in law directs criminal complaints to some magistrate
[13:30.000 --> 13:36.000]  because it is magistrates who must examine into the sufficiency of the allegation
[13:36.000 --> 13:40.000]  and determine whether or not there's sufficient cause
[13:40.000 --> 13:49.000]  to initiate a prosecution by finding a probable cause.
[13:49.000 --> 13:51.000]  If a policeman finds out that a crime has been committed,
[13:51.000 --> 13:54.000]  he will give notice to some magistrate.
[13:54.000 --> 13:57.000]  If a prosecutor finds out that a crime has been committed,
[13:57.000 --> 14:01.000]  he will give notice to some magistrate.
[14:01.000 --> 14:05.000]  So the only one that's different is Pennsylvania,
[14:05.000 --> 14:10.000]  and there you give the complaint to the prosecutor who has first blush.
[14:10.000 --> 14:15.000]  But because he has first blush and he is the prosecutor,
[14:15.000 --> 14:23.000]  so he has a vested interest, in which cases he takes, unlike other states,
[14:23.000 --> 14:28.000]  in the matter of a criminal complaint, you have official standing.
[14:28.000 --> 14:31.000]  So if the prosecutor decides not to prosecute,
[14:31.000 --> 14:33.000]  you can appeal to the court of common pleas
[14:33.000 --> 14:37.000]  and all the way up to the Pennsylvania Supreme.
[14:37.000 --> 14:42.000]  And all of the states based on Spanish law, which are all of the western states,
[14:42.000 --> 14:46.000]  everything west of the 13 colonies,
[14:46.000 --> 14:51.000]  you have a duty and responsibility to report crime.
[14:51.000 --> 14:57.000]  But since all of the states have public prosecutors,
[14:57.000 --> 15:01.000]  you have no standing to prosecute the crime.
[15:01.000 --> 15:04.000]  All you can do is give notice.
[15:04.000 --> 15:15.000]  So see what Ohio says about to whom are criminal complaints directed.
[15:15.000 --> 15:20.000]  I'd look up magistrate first.
[15:20.000 --> 15:25.000]  Okay, I'll do that.
[15:25.000 --> 15:31.000]  And read that section carefully.
[15:31.000 --> 15:35.000]  See what it tells the magistrate that he must do.
[15:35.000 --> 15:38.000]  Because when I take complaints to magistrates in Texas,
[15:38.000 --> 15:41.000]  they say, oh, well, you have to give that to the police department.
[15:41.000 --> 15:45.000]  I just talked to a judge this morning, told her I'd be bringing her some criminal complaints.
[15:45.000 --> 15:48.000]  Oh, you need to take those to a prosecuted attorney.
[15:48.000 --> 15:51.000]  I said, no, that is not happening.
[15:51.000 --> 15:56.000]  They always want to give you free legal advice when it's that kind of thing.
[15:56.000 --> 15:57.000]  Yeah.
[15:57.000 --> 15:58.000]  Finger to somebody else.
[15:58.000 --> 16:00.000]  Oh, yeah, you need to talk to somebody else.
[16:00.000 --> 16:01.000]  Always.
[16:01.000 --> 16:08.000]  I'm going to give them to you and you do whatever you want to with them.
[16:08.000 --> 16:10.000]  But she knows me real well.
[16:10.000 --> 16:14.000]  She's the one I was in court and had my cell phone.
[16:14.000 --> 16:17.000]  And she said, Mr. Cutler, is that phone turned on?
[16:17.000 --> 16:18.000]  Oh, yeah, it is.
[16:18.000 --> 16:20.000]  You need to turn it off.
[16:20.000 --> 16:23.000]  But Your Honor, I wanted to record these proceedings.
[16:23.000 --> 16:28.000]  Mr. Bader, take that phone away from Mr. Cutler.
[16:28.000 --> 16:30.000]  Jerked my phone out of my hand.
[16:30.000 --> 16:34.000]  She starts to begin the hearing again and stopped.
[16:34.000 --> 16:41.000]  Mr. Kelton, do you have anything else with which you can record these proceedings?
[16:41.000 --> 16:45.000]  Oh, Judge, I was hoping you weren't going to ask me that.
[16:45.000 --> 16:47.000]  She asked me three times.
[16:47.000 --> 16:50.000]  She got them all.
[16:50.000 --> 16:51.000]  That was a hoot.
[16:51.000 --> 16:52.000]  Hang on.
[16:52.000 --> 16:57.000]  Going to our sponsors, Randy Kelton, Wet Fountain, Wheel of Law Radio.
[16:57.000 --> 17:20.000]  I'm going to be right back.
[17:27.000 --> 17:52.000]  I'm going to be right back.
[17:52.000 --> 18:02.000]  I'm going to be right back.
[18:02.000 --> 18:05.000]  Wheel of Law Radio is proud to offer the rule of law traffic seminar.
[18:05.000 --> 18:07.000]  In today's America, we live in an us-against-them society.
[18:07.000 --> 18:09.000]  And if we, the people, are ever going to have a free society,
[18:09.000 --> 18:12.000]  then we're going to have to stand and defend our own rights.
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[19:02.000 --> 19:05.000]  You are listening to the Logos Radio Network,
[19:05.000 --> 19:09.000]  the LogosRadioNetwork.com.
[19:12.000 --> 19:15.000]  Well, don't let nothing get to you.
[19:15.000 --> 19:18.000]  Only the Father can deliver you.
[19:18.000 --> 19:21.000]  But don't let bad-minded people hurt you
[19:21.000 --> 19:24.000]  until Satan gets behind you.
[19:24.000 --> 19:27.000]  You know what I mean, my friend?
[19:27.000 --> 19:52.000]  And all the jacks you'll get, come on.
[19:57.000 --> 20:12.000]  Okay, we are back.
[20:12.000 --> 20:15.000]  Randy Kelton, Brett Felt, Rule of Law Radio.
[20:15.000 --> 20:21.000]  And Brett has been subjecting me to elder abuse on the breaks.
[20:21.000 --> 20:23.000]  Is that what that was?
[20:23.000 --> 20:28.000]  That's just telling me about a cheesecake his wife just gave him.
[20:28.000 --> 20:29.000]  That's elder abuse.
[20:29.000 --> 20:32.000]  That's just wrong.
[20:32.000 --> 20:34.000]  Well, you didn't seem to mind too much about the brownies she made
[20:34.000 --> 20:35.000]  or the pizza.
[20:35.000 --> 20:36.000]  The pizza was delicious.
[20:36.000 --> 20:39.000]  I mean, you didn't seem to mind too much about that.
[20:39.000 --> 20:43.000]  Can I mute him?
[20:43.000 --> 20:45.000]  Okay, we are back.
[20:45.000 --> 20:48.000]  We're talking to Chris in Ohio.
[20:48.000 --> 20:51.000]  Chris, where were we?
[20:51.000 --> 20:54.000]  Oh, yeah, yeah, yeah.
[20:54.000 --> 21:01.000]  If the people he's directed to didn't get it and the chief did get it,
[21:01.000 --> 21:07.000]  you might consider filing suit against the chief in his personal capacity
[21:07.000 --> 21:12.000]  or at least send him a tort letter.
[21:12.000 --> 21:13.000]  Okay.
[21:13.000 --> 21:17.000]  Tort letters are great fun.
[21:17.000 --> 21:20.000]  You tampered with the US mail.
[21:20.000 --> 21:23.000]  You need to get that to the person it was directed to.
[21:23.000 --> 21:26.000]  But no, I would call them the postal inspectors.
[21:26.000 --> 21:29.000]  This is a good one for postal inspectors.
[21:29.000 --> 21:34.000]  You have a right when you address a document,
[21:34.000 --> 21:38.000]  you have a right to a reasonable expectation that it will be delivered
[21:38.000 --> 21:40.000]  to the person named on the document.
[21:40.000 --> 21:43.000]  And when you send a certified mail,
[21:43.000 --> 21:47.000]  you paid extra to ensure that it be sent to the person directed to,
[21:47.000 --> 21:52.000]  and the mail sender gave it to somebody else.
[21:52.000 --> 21:55.000]  He wants your 50 bucks.
[21:55.000 --> 22:00.000]  Yeah, that's the typical MO of the United States Postal Service.
[22:00.000 --> 22:04.000]  Well, you ought to understand the Postal Service is not going to care about 50 bucks.
[22:04.000 --> 22:09.000]  What they're going to care about is their bond rating.
[22:09.000 --> 22:13.000]  If they have to start paying these things out, their insurance rating goes up.
[22:13.000 --> 22:18.000]  That they care about.
[22:18.000 --> 22:21.000]  It's always about the politics.
[22:21.000 --> 22:24.000]  It's never about the law.
[22:24.000 --> 22:29.000]  If I have to pay this out and our insurance rating goes up,
[22:29.000 --> 22:36.000]  the postmaster is going to be real upset at me.
[22:36.000 --> 22:40.000]  So that's definitely what I'd do first.
[22:40.000 --> 22:46.000]  And then prepare criminal complaints against him and file him with a magistrate.
[22:46.000 --> 22:52.000]  Well, I've been doing that and the list doesn't stop.
[22:52.000 --> 22:54.000]  Okay, hold on, hold on, hold on.
[22:54.000 --> 22:56.000]  You filed with a magistrate.
[22:56.000 --> 23:01.000]  What does Ohio law say that a magistrate must do
[23:01.000 --> 23:07.000]  when they are presented with a criminal affidavit?
[23:07.000 --> 23:13.000]  Well, in Ohio law it says they're supposed to hold a probable cause hearing.
[23:13.000 --> 23:17.000]  Usually it's...
[23:17.000 --> 23:24.000]  Were you given notice of the date of the probable cause hearing?
[23:24.000 --> 23:26.000]  No, no, no.
[23:26.000 --> 23:28.000]  I have not filed that.
[23:28.000 --> 23:30.000]  I just know that that's what it's...
[23:30.000 --> 23:31.000]  No, no.
[23:31.000 --> 23:34.000]  Have you filed any criminal complaints?
[23:34.000 --> 23:36.000]  I have not.
[23:36.000 --> 23:38.000]  No, I've been writing them.
[23:38.000 --> 23:40.000]  Okay, take them...
[23:40.000 --> 23:41.000]  This is great.
[23:41.000 --> 23:42.000]  File it with the magistrate.
[23:42.000 --> 23:46.000]  It sounds like the magistrate's required to hold an examining trial.
[23:46.000 --> 23:49.000]  As it should be.
[23:49.000 --> 23:53.000]  And then if you don't get notice to appear at an examining trial,
[23:53.000 --> 23:58.000]  because at an examining trial the accused has a right to be faced with the accuser,
[23:58.000 --> 24:00.000]  that would be you.
[24:00.000 --> 24:03.000]  And if you haven't been called to an examining trial,
[24:03.000 --> 24:12.000]  because you have reason to believe and do believe that no examining trial was held,
[24:12.000 --> 24:19.000]  so you sue the magistrate in his personal capacity.
[24:19.000 --> 24:23.000]  That is not going to make him happy.
[24:23.000 --> 24:34.000]  And send me an email and I will send you the one I filed against a justice of the peace here in Texas.
[24:34.000 --> 24:41.000]  You may have to adjust the law a little bit for Ohio law, but it's real simple.
[24:41.000 --> 24:49.000]  You maintain that the statutory requirement to hold an examining trial was statutory,
[24:49.000 --> 24:51.000]  and it goes to due process.
[24:51.000 --> 24:53.000]  And by not holding an examining trial,
[24:53.000 --> 25:05.000]  the judge denied you in your right to petition the court for redress of grievance.
[25:05.000 --> 25:06.000]  What do you think?
[25:06.000 --> 25:07.000]  Okay.
[25:07.000 --> 25:16.000]  Yeah, we can address that at the time when that time comes.
[25:16.000 --> 25:25.000]  What would you say about if I told you that I've done public records requests
[25:25.000 --> 25:30.000]  and the records requests have been answered,
[25:30.000 --> 25:40.000]  but they came back slandered from the law firm for attacking me personally,
[25:40.000 --> 25:45.000]  calling me offensive?
[25:45.000 --> 25:47.000]  Obstruction.
[25:47.000 --> 25:49.000]  Obstruction, okay.
[25:49.000 --> 25:54.000]  They're trying to kill your access to your rights.
[25:54.000 --> 25:56.000]  Look up obstruction of justice.
[25:56.000 --> 25:57.000]  You're going to have it.
[25:57.000 --> 26:01.000]  Every state has it.
[26:01.000 --> 26:05.000]  Let them explain why that's not obstruction.
[26:05.000 --> 26:12.000]  You might also consider that in their rules of ethics, they have to be competent.
[26:12.000 --> 26:15.000]  They might not like to be called incompetent,
[26:15.000 --> 26:17.000]  but if they don't know what your rights are
[26:17.000 --> 26:20.000]  and they consider anybody that wants to have access to their rights,
[26:20.000 --> 26:24.000]  that's offensive in some way, well, they're obviously not competent.
[26:24.000 --> 26:27.000]  So they violated Rule 1.1 right there.
[26:27.000 --> 26:30.000]  That's a good reason for a bar grievance.
[26:30.000 --> 26:34.000]  Wait, Rule 1.1 in what?
[26:34.000 --> 26:40.000]  The rules of professional conduct are every state has rules of professional conduct.
[26:40.000 --> 26:44.000]  They're pretty much all adopted from the American bar, model rules.
[26:44.000 --> 26:51.000]  And the first one, top, front, and center, speaks to competence of the lawyer.
[26:51.000 --> 26:55.000]  So take a look at your rules of professional conduct,
[26:55.000 --> 26:59.000]  and you'll see in Ohio you can report it to the bar.
[26:59.000 --> 27:03.000]  Wait a minute, Chris, were you talking about a lawyer?
[27:03.000 --> 27:07.000]  Yeah, he said that when he did the records request,
[27:07.000 --> 27:10.000]  I don't know, did you say CUNY Attorney if somebody butted in?
[27:10.000 --> 27:13.000]  Oh, wonderful.
[27:13.000 --> 27:20.000]  You're playing right to Brett's strong card, strong suit.
[27:20.000 --> 27:25.000]  He likes to go after Buttinsky Attorneys.
[27:25.000 --> 27:31.000]  The record coordinator handed it off to the local law firm in the township is what they did.
[27:31.000 --> 27:33.000]  Oh, wonderful, that's even better.
[27:33.000 --> 27:37.000]  It's not a government lawyer.
[27:37.000 --> 27:41.000]  Their malpractice insurance is going to double.
[27:41.000 --> 27:46.000]  They'll get apoplexy.
[27:46.000 --> 27:51.000]  And then you know what's really fun, Chris, you can do is the,
[27:51.000 --> 27:55.000]  since it's a law firm, you've got at least one part,
[27:55.000 --> 28:03.000]  somebody that's a named partner that's like the top of the food chain there in the law firm.
[28:03.000 --> 28:09.000]  So whichever lawyer did this, he's the underling,
[28:09.000 --> 28:13.000]  and the supervisor should have kept him from doing that.
[28:13.000 --> 28:18.000]  You'll see that around in Rule 5.1.
[28:18.000 --> 28:24.000]  There's two things that the supervisors or the partners of the law firm are required to do.
[28:24.000 --> 28:29.000]  One of them is keep your underlings from running amok and doing all this harm.
[28:29.000 --> 28:32.000]  And the second thing that they have to do is,
[28:32.000 --> 28:35.000]  if your underlings run amok and do all this lawlessness,
[28:35.000 --> 28:39.000]  then you have to take some sort of remedial action to try to fix it,
[28:39.000 --> 28:41.000]  try to clean up out their mess.
[28:41.000 --> 28:45.000]  And of course, the supervisors and partners never do those things.
[28:45.000 --> 28:51.000]  So for every one thing that the lawyer said, like he called you offensive,
[28:51.000 --> 28:55.000]  just because you want to exercise your rights to have access to records,
[28:55.000 --> 29:01.000]  well, his supervisors did two things wrong.
[29:01.000 --> 29:05.000]  So they get two bar grievances, or even three if you want to join them in on that one.
[29:05.000 --> 29:07.000]  Respond to that superior.
[29:07.000 --> 29:09.000]  And that will cost them their amount,
[29:09.000 --> 29:15.000]  three complaints and bar grievances will cost them their amount of practice insurance.
[29:15.000 --> 29:19.000]  And if you get another communication from a lawyer,
[29:19.000 --> 29:24.000]  you can be sure it'll be a different law firm.
[29:24.000 --> 29:28.000]  Because these guys are going to hit the road.
[29:28.000 --> 29:35.000]  Yeah, and they typically do, yeah, because that's not my first time.
[29:35.000 --> 29:39.000]  Well, good, you ought to have fun with this.
[29:39.000 --> 29:43.000]  Okay, let's see, we've got 20 seconds.
[29:43.000 --> 29:47.000]  I really like it when they give me the opportunity to beat them up.
[29:47.000 --> 29:50.000]  I almost think I should send them a thank you letter.
[29:50.000 --> 30:01.000]  Brandi Kelford, Brett Fountain, Reel of Law Radio, we'll be right back.
[30:01.000 --> 30:04.000]  Everyone knows that walking is a great exercise,
[30:04.000 --> 30:08.000]  but you might not know that the way you walk could predict how long you're going to live.
[30:08.000 --> 30:10.000]  I'm Dr. Catherine Albrecht,
[30:10.000 --> 30:14.000]  and I'll be back to tell you more about walking prognostication in just a moment.
[30:14.000 --> 30:16.000]  Privacy is under attack.
[30:16.000 --> 30:19.000]  When you give up data about yourself, you'll never get it back again.
[30:19.000 --> 30:24.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.000 --> 30:26.000]  So protect your rights.
[30:26.000 --> 30:29.000]  Say no to surveillance and keep your information to yourself.
[30:29.000 --> 30:32.000]  Privacy, it's worth hanging on to.
[30:32.000 --> 30:36.000]  This public service announcement is brought to you by StartPage.com,
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[30:40.000 --> 30:43.000]  Start over with StartPage.
[30:43.000 --> 30:47.000]  New research shows how fast you walk could predict how long you're going to live.
[30:47.000 --> 30:51.000]  The Journal of the American Medical Association reports that older adults
[30:51.000 --> 30:55.000]  who walk one meter per second or faster live longer than expected.
[30:55.000 --> 31:00.000]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.000 --> 31:04.000]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.000 --> 31:07.000]  as more traditional statistical measures.
[31:07.000 --> 31:10.000]  Generally speaking, faster walkers live longer.
[31:10.000 --> 31:13.000]  Measuring walking speed is quick and inexpensive.
[31:13.000 --> 31:16.000]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.000 --> 31:21.000]  Researchers say it could help doctors identify older patients who need special care.
[31:21.000 --> 31:26.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:31.000]  I lost my son.
[31:31.000 --> 31:32.000]  My nephew.
[31:32.000 --> 31:33.000]  My uncle.
[31:33.000 --> 31:34.000]  My son.
[31:34.000 --> 31:35.000]  On September 11, 2001.
[31:35.000 --> 31:38.000]  Most people don't know that a third tower fell on September 11.
[31:38.000 --> 31:42.000]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.000 --> 31:46.000]  Although the official explanation is that fire brought down Building 7.
[31:46.000 --> 31:50.000]  Over 1,200 architects and engineers have looked into the evidence
[31:50.000 --> 31:52.000]  and believe there is more to the story.
[31:52.000 --> 31:53.000]  Bring justice to my son.
[31:53.000 --> 31:54.000]  My uncle.
[31:54.000 --> 31:55.000]  My nephew.
[31:55.000 --> 31:56.000]  My son.
[31:56.000 --> 32:01.000]  Go to buildingwhat.org. Why it fell, why it matters, and what you can do.
[32:01.000 --> 32:06.000]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[32:06.000 --> 32:11.000]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time
[32:11.000 --> 32:15.000]  for Scripture Talk, where Nana and her guests discuss the Scriptures
[32:15.000 --> 32:18.000]  in accord with 2 Timothy 2.15.
[32:18.000 --> 32:22.000]  Study to show thyself approved unto God, a workman that needeth not to be ashamed,
[32:22.000 --> 32:25.000]  rightly dividing the word of truth.
[32:25.000 --> 32:28.000]  Starting in January, our first-hour studies are in the Book of Mark,
[32:28.000 --> 32:32.000]  where we'll go verse by verse and discuss the true Gospel message.
[32:32.000 --> 32:37.000]  Our second-hour topical studies will vary each week with discussions on sound doctrine
[32:37.000 --> 32:39.000]  and Christian character development.
[32:39.000 --> 32:44.000]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.000 --> 32:47.000]  Our goal is to strengthen our faith and to transform ourselves
[32:47.000 --> 32:50.000]  more into the likeness of our Lord and Savior Jesus.
[32:50.000 --> 32:54.000]  So tune in to Scripture Talk live on LogosRadioNetwork.com
[32:54.000 --> 33:02.000]  Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[33:24.000 --> 33:46.000]  Okay, we are back in Kelton Brett Fountain with our radio,
[33:46.000 --> 33:50.000]  and we have a couple of empty slots on the caller boards.
[33:50.000 --> 33:57.000]  If you have a question or comment, give us a call, 512-646-1984.
[33:57.000 --> 34:01.000]  We are talking to Chris in Ohio.
[34:01.000 --> 34:05.000]  Chris, did we address everything for you?
[34:05.000 --> 34:08.000]  I think so, for now, yeah.
[34:08.000 --> 34:11.000]  I don't think I'll be done for a while.
[34:11.000 --> 34:13.000]  Okay, well, have fun.
[34:13.000 --> 34:15.000]  Full of corruption.
[34:15.000 --> 34:17.000]  Okay, thank you, Chris.
[34:17.000 --> 34:20.000]  Now we're going to go to Nancy in Pennsylvania.
[34:20.000 --> 34:21.000]  Hello, Nancy.
[34:21.000 --> 34:25.000]  What do you have for us today?
[34:25.000 --> 34:26.000]  Hello.
[34:26.000 --> 34:28.000]  Thanks for taking my call.
[34:28.000 --> 34:31.000]  I have questions about declaratory judgments.
[34:31.000 --> 34:39.000]  I've been looking at examples from your channel and others I found,
[34:39.000 --> 34:41.000]  and I just have some questions about it.
[34:41.000 --> 34:48.000]  And I have to also re-listen to, I was just looking at Alexis' index
[34:48.000 --> 34:53.000]  of rule of law radio shows, episodes, which you've spoken a lot about them,
[34:53.000 --> 34:57.000]  so I have to go back and re-listen.
[34:57.000 --> 35:04.000]  But do you feel like answering questions about declaratory judgments?
[35:04.000 --> 35:07.000]  Yes, what questions do you have?
[35:07.000 --> 35:12.000]  Okay, so do I remember correctly that you had said at one point
[35:12.000 --> 35:18.000]  that there are some reasons for keeping a declaratory judgment separate
[35:18.000 --> 35:22.000]  from any other, from all claims?
[35:22.000 --> 35:25.000]  Yeah, it's kind of a strategy thing.
[35:25.000 --> 35:28.000]  There are no claims in declaratory judgment.
[35:28.000 --> 35:35.000]  Because I've seen examples where people do have claims, and so I just got...
[35:35.000 --> 35:41.000]  Okay, in the state of Texas, they authorize you to make
[35:41.000 --> 35:46.000]  declaratory judgment requests inside a civil action.
[35:46.000 --> 35:50.000]  But that always gets you a motion to dismiss a favor state claim
[35:50.000 --> 35:53.000]  which can't be had.
[35:53.000 --> 35:56.000]  And if I want a declaratory judgment, I don't want it contaminated,
[35:56.000 --> 36:02.000]  because what the courts will do is take one issue in your pleading
[36:02.000 --> 36:09.000]  that they don't like and use that as an excuse to dismiss the whole thing.
[36:09.000 --> 36:13.000]  And then you have to argue your way back into court.
[36:13.000 --> 36:21.000]  So what I want to do is take a singular issue, an issue that if I get
[36:21.000 --> 36:29.000]  a positive ruling in it will be definitive toward my case,
[36:29.000 --> 36:32.000]  will give me a win in my case.
[36:32.000 --> 36:37.000]  I want res judicata already been adjudicated.
[36:37.000 --> 36:44.000]  I have a petition for a declaratory judgment.
[36:44.000 --> 36:48.000]  I had the suit and the petition together and then looked at it
[36:48.000 --> 36:50.000]  and I decided I can't do this.
[36:50.000 --> 36:52.000]  I took the petition separate.
[36:52.000 --> 36:56.000]  I'll file each one of them as a separate case.
[36:56.000 --> 37:00.000]  So the only thing the judge can do with the petition for declaratory
[37:00.000 --> 37:08.000]  judgment is rule on this singular point of law.
[37:08.000 --> 37:13.000]  He doesn't have anything else he can use to misconstrue or distract
[37:13.000 --> 37:16.000]  or dismiss for one thing and then ignore my plea.
[37:16.000 --> 37:19.000]  There's only one thing.
[37:19.000 --> 37:27.000]  When a person is brought before a magistrate on a criminal accusation,
[37:27.000 --> 37:31.000]  must the magistrate hold an examining trial?
[37:31.000 --> 37:32.000]  That's it.
[37:32.000 --> 37:35.000]  Only question.
[37:35.000 --> 37:38.000]  It goes to yes or no.
[37:38.000 --> 37:42.000]  If I get a yes, then I take my lawsuit.
[37:42.000 --> 37:46.000]  I was arrested, taken to jail, held overnight,
[37:46.000 --> 37:49.000]  brought to a magistrate the next morning.
[37:49.000 --> 37:52.000]  That's all the evidence it needs.
[37:52.000 --> 37:57.000]  I was arrested, taken to jail, not to the nearest magistrate.
[37:57.000 --> 38:03.000]  And I have the ruling that when a person is arrested under 14.06
[38:03.000 --> 38:06.000]  Texas Code of Criminal Procedure, the arresting officer must take
[38:06.000 --> 38:09.000]  the person directly to the nearest magistrate.
[38:09.000 --> 38:11.000]  It did not take me directly to the nearest magistrate,
[38:11.000 --> 38:14.000]  so I want the ruling if the officer doesn't take you directly
[38:14.000 --> 38:18.000]  to the nearest magistrate and does not have a showing of due diligence
[38:18.000 --> 38:23.000]  and effort to locate a magistrate in accordance with Robert Steve Ohack,
[38:23.000 --> 38:26.000]  then his act is illegal.
[38:26.000 --> 38:29.000]  That's all I want.
[38:29.000 --> 38:35.000]  So once that's ruled on, it cannot be addressed in another court.
[38:35.000 --> 38:40.000]  So then I sue him for not taking me directly to the nearest magistrate.
[38:40.000 --> 38:42.000]  So then you have two different lawsuits.
[38:42.000 --> 38:46.000]  Well, you have the petition that has to be adjudicated first,
[38:46.000 --> 38:49.000]  and you have to pay $402 for that.
[38:49.000 --> 38:53.000]  And then you have to file another lawsuit.
[38:53.000 --> 38:57.000]  Once you get the ruling on the law that you need,
[38:57.000 --> 39:00.000]  then you'll have to file another lawsuit, too.
[39:00.000 --> 39:03.000]  $102?
[39:03.000 --> 39:04.000]  No, $402.
[39:04.000 --> 39:05.000]  No, she said $402.
[39:05.000 --> 39:06.000]  Oh, okay.
[39:06.000 --> 39:07.000]  Yeah, okay.
[39:07.000 --> 39:10.000]  That's the process, right?
[39:10.000 --> 39:11.000]  Yes.
[39:11.000 --> 39:16.000]  You do have to pay that, unless you file an ability to pay.
[39:16.000 --> 39:17.000]  Right.
[39:17.000 --> 39:21.000]  So basically then you have two different lawsuits on your hands,
[39:21.000 --> 39:26.000]  but you want what you're trying to accomplish, because that's an example...
[39:26.000 --> 39:27.000]  Wait a minute, wait a minute.
[39:27.000 --> 39:28.000]  It makes no difference.
[39:28.000 --> 39:31.000]  The only difference is a filing fee.
[39:31.000 --> 39:34.000]  As far as adjudicating the case, it makes no difference.
[39:34.000 --> 39:38.000]  You're going to adjudicate them both anyway.
[39:38.000 --> 39:45.000]  But you separate them, then you avoid a motion to dismiss
[39:45.000 --> 39:49.000]  for failure of state of claim, which cover can be had.
[39:49.000 --> 39:53.000]  And if judges don't like it, he'll just dismiss it.
[39:53.000 --> 39:58.000]  And then you have to appeal your way back into court
[39:58.000 --> 40:02.000]  with a very simple petition for declaratory judgment.
[40:02.000 --> 40:07.000]  It is much more difficult, and if he rules against you,
[40:07.000 --> 40:09.000]  your appeal will be much, much quicker,
[40:09.000 --> 40:13.000]  because it's one singular tiny little point of law.
[40:13.000 --> 40:21.000]  You get that ruling, then when you file the petition for damages,
[40:21.000 --> 40:24.000]  it becomes res judicata.
[40:24.000 --> 40:28.000]  The issue is not whether or not you were harmed.
[40:28.000 --> 40:33.000]  You already have a ruling that says this is wrongful.
[40:33.000 --> 40:34.000]  So it's harm per se.
[40:34.000 --> 40:38.000]  It's just a matter of figuring out how much you've been harmed.
[40:38.000 --> 40:47.000]  If you file them both together, then the primary issue is clouded.
[40:47.000 --> 40:52.000]  But it depends on every case, obviously.
[40:52.000 --> 41:01.000]  I would not do them together just because it's easier,
[41:01.000 --> 41:05.000]  because easier is relative.
[41:05.000 --> 41:11.000]  Filing civil actions and prosecuting civil actions is hard.
[41:11.000 --> 41:13.000]  It's complicated.
[41:13.000 --> 41:19.000]  If you file them both together, when they issue a ruling, you've got 30 days.
[41:19.000 --> 41:23.000]  If you've got four or five issues that you have to plead out,
[41:23.000 --> 41:27.000]  you're crunched on time.
[41:27.000 --> 41:32.000]  But if you do them separate, you have much, much less to deal with at one time.
[41:32.000 --> 41:36.000]  Overall, way easier.
[41:36.000 --> 41:38.000]  Okay.
[41:38.000 --> 41:42.000]  So then when you get to the wherefore section,
[41:42.000 --> 41:48.000]  you wouldn't list things like relief such as the court,
[41:48.000 --> 41:51.000]  any other relief that the court deems?
[41:51.000 --> 41:52.000]  Absolutely not.
[41:52.000 --> 41:57.000]  And if the court tries to grant you relief, absolutely object to it.
[41:57.000 --> 42:01.000]  The only relief you ask for is a ruling.
[42:01.000 --> 42:02.000]  Okay.
[42:02.000 --> 42:03.000]  Nothing else.
[42:03.000 --> 42:06.000]  No attorney fees, no nothing.
[42:06.000 --> 42:11.000]  And how about including a demand for jury trial?
[42:11.000 --> 42:13.000]  Would you keep that separate too?
[42:13.000 --> 42:14.000]  No.
[42:14.000 --> 42:19.000]  It's not appropriate for a jury trial in a petition for declaratory judgment.
[42:19.000 --> 42:20.000]  Okay.
[42:20.000 --> 42:25.000]  You're asking the court to give you a ruling on point of law.
[42:25.000 --> 42:26.000]  Okay.
[42:26.000 --> 42:29.000]  And that's not something that's truly appropriate for a jury.
[42:29.000 --> 42:31.000]  You could ask for a jury trial.
[42:31.000 --> 42:32.000]  They'd have to give you one.
[42:32.000 --> 42:36.000]  But the jurors are going to rule however they feel like ruling,
[42:36.000 --> 42:39.000]  and you have no recourse.
[42:39.000 --> 42:43.000]  And you wouldn't even ask for an award of reasonable cost either?
[42:43.000 --> 42:44.000]  Absolutely not.
[42:44.000 --> 42:46.000]  Just the cost that you...
[42:46.000 --> 42:52.000]  That would be death to your declaratory judgment suit.
[42:52.000 --> 42:54.000]  Kind of shoots it in the foot.
[42:54.000 --> 42:55.000]  Yeah.
[42:55.000 --> 42:56.000]  Okay.
[42:56.000 --> 42:59.000]  We had one guy that I was reading the case law.
[42:59.000 --> 43:02.000]  The judge granted him attorney fees.
[43:02.000 --> 43:04.000]  He didn't ask for it.
[43:04.000 --> 43:06.000]  He didn't object.
[43:06.000 --> 43:11.000]  The other side appealed and got the whole thing thrown out.
[43:11.000 --> 43:14.000]  Except nothing.
[43:14.000 --> 43:19.000]  It will be much cheaper this way.
[43:19.000 --> 43:23.000]  The declaratory judgment suit has one singular point.
[43:23.000 --> 43:25.000]  It's easy to do.
[43:25.000 --> 43:27.000]  You get that done.
[43:27.000 --> 43:30.000]  Your second one is already won.
[43:30.000 --> 43:31.000]  Okay.
[43:31.000 --> 43:34.000]  You do them both together, you're likely to lose both.
[43:34.000 --> 43:37.000]  That's my story, and I'm sticking to it.
[43:37.000 --> 43:38.000]  All righty.
[43:38.000 --> 43:42.000]  And I have two more questions about it on the other side of the cliff.
[43:42.000 --> 43:44.000]  And then I'll be done.
[43:44.000 --> 43:45.000]  Okay.
[43:45.000 --> 43:48.000]  So you're not going to run me off the cliff, you're supposed to.
[43:48.000 --> 43:50.000]  No, I'm just looking at your document.
[43:50.000 --> 43:52.000]  So I have some questions from that.
[43:52.000 --> 43:56.000]  And as soon as we can, talk again.
[43:56.000 --> 43:57.000]  Okay.
[43:57.000 --> 44:12.000]  We'll be right back.
[44:27.000 --> 44:30.000]  All right.
[44:30.000 --> 44:59.000]  Thank you.
[45:00.000 --> 45:03.000]  Are you the plaintiff or defendant in a lawsuit?
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[45:07.000 --> 45:13.000]  the affordable, easy-to-understand 4-CD course that will show you how in 24 hours,
[45:13.000 --> 45:15.000]  step-by-step.
[45:15.000 --> 45:18.000]  If you have a lawyer, know what your lawyer should be doing.
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[46:22.000 --> 46:35.000]  Okay, we are back.
[46:35.000 --> 46:37.000]  Brenda Kelton, Brett Fountain, Rule of Law Radio.
[46:37.000 --> 46:39.000]  We're talking to Nancy in Pennsylvania.
[46:39.000 --> 46:41.000]  Okay, Nancy.
[46:41.000 --> 46:48.000]  Yes, I'm looking at your July 9, 2022 petition for declaratory judgment,
[46:48.000 --> 46:56.000]  and I see that you say here you're suing these respondents in personal capacity.
[46:56.000 --> 47:04.000]  And so my question is, how do you decide between personal and official capacities?
[47:04.000 --> 47:09.000]  Okay, you're probably reading the one where I had them both together.
[47:09.000 --> 47:13.000]  It starts out with declaratory judgment, and then the suit is below it.
[47:13.000 --> 47:18.000]  But I've since broke that in two.
[47:18.000 --> 47:24.000]  You always want to sue a public official in their private capacity.
[47:24.000 --> 47:33.000]  Administrative goes to private capacity, where the official is commanded to do a specific thing.
[47:33.000 --> 47:34.000]  Okay.
[47:34.000 --> 47:38.000]  Over which the official has no discretion.
[47:38.000 --> 47:43.000]  That is an administrative act for which they have no immunity.
[47:43.000 --> 47:54.000]  Or, as for the most part in this case, where a public official fails to perform a duty they're required to perform
[47:54.000 --> 48:04.000]  or exerts or purports to exert an authority they don't have, where they act outside of scope.
[48:04.000 --> 48:08.000]  Then that's a crime in every state.
[48:08.000 --> 48:09.000]  Yeah.
[48:09.000 --> 48:14.000]  And criminal acts are outside of scope, always.
[48:14.000 --> 48:17.000]  So I accuse them of a crime, and I sue them for the crime.
[48:17.000 --> 48:19.000]  I went to the Justice of the Peace.
[48:19.000 --> 48:24.000]  I gave him a verified criminal affidavit.
[48:24.000 --> 48:27.000]  He refused to issue a warrant.
[48:27.000 --> 48:37.000]  And the law says, when a warrant is forwarded to a magistrate complete in accordance with 15.05, and that's just the requisites,
[48:37.000 --> 48:45.000]  the magistrate shall issue a warrant forthwith.
[48:45.000 --> 48:49.000]  It did not say may, might, or can if he wants to.
[48:49.000 --> 48:52.000]  It says shall.
[48:52.000 --> 48:53.000]  Shall is obligatory.
[48:53.000 --> 48:55.000]  It means must.
[48:55.000 --> 48:58.000]  He did not issue a warrant forthwith.
[48:58.000 --> 49:05.000]  He failed to perform a duty he was required to perform, misfeasance in office,
[49:05.000 --> 49:11.000]  and in the process denied me and my right to petition the court for redress of grievance
[49:11.000 --> 49:19.000]  in violation of 39.03 Texas Penal Code official of oppression.
[49:19.000 --> 49:32.000]  He can't claim, he can try to claim, that he committed this crime while acting under his official capacity.
[49:32.000 --> 49:39.000]  I can't find anything that indemnifies a public official from the penal laws.
[49:39.000 --> 49:42.000]  So that's how I sued these guys.
[49:42.000 --> 49:54.000]  I claim that when the officer made the arrest, put me in his cruiser and pointed it towards jail instead of the nearest magistrate.
[49:54.000 --> 49:58.000]  We were 30 feet from the nearest magistrate when he arrested me.
[49:58.000 --> 50:09.000]  That when he did that, then he became a trespasser ab initio from the beginning, and all his acts were defeated.
[50:09.000 --> 50:13.000]  He was acting outside of scope.
[50:13.000 --> 50:17.000]  That's where you always want to get to, outside of scope.
[50:17.000 --> 50:23.000]  Now is that still personal capacity or official?
[50:23.000 --> 50:25.000]  That goes to personal capacity.
[50:25.000 --> 50:33.000]  You cannot commit crimes in your official capacity.
[50:33.000 --> 50:34.000]  Period.
[50:34.000 --> 50:48.000]  I actually saw in a letter, I mean a website by a lawyer where he actually stated that public officials are indemnified from crimes in office.
[50:48.000 --> 50:51.000]  You moron, where'd you get that?
[50:51.000 --> 50:55.000]  You just made that up.
[50:55.000 --> 50:58.000]  Just look at it on its face.
[50:58.000 --> 50:59.000]  It's absurd.
[50:59.000 --> 51:05.000]  It goes against the whole nature of this government, the American form of government.
[51:05.000 --> 51:14.000]  So you don't want to accuse them of ruling against you improperly.
[51:14.000 --> 51:18.000]  That goes to discretion.
[51:18.000 --> 51:26.000]  You don't want to approve them of, let's see, what's a good example of discretion?
[51:26.000 --> 51:29.000]  I don't know.
[51:29.000 --> 51:34.000]  Ruling on the law, a judicial act.
[51:34.000 --> 51:35.000]  I have a rule.
[51:35.000 --> 51:41.000]  Never ask a public official to do anything you actually want them to do.
[51:41.000 --> 51:51.000]  Because you never ask a public official to do anything that the law does not compel them to do.
[51:51.000 --> 51:53.000]  Yeah, right.
[51:53.000 --> 51:58.000]  If the law doesn't compel them to do it, they don't have to bother.
[51:58.000 --> 52:06.000]  So I never ask them anything unless I already know what the law is that commands them to do it.
[52:06.000 --> 52:11.000]  And if you're in Dallas, Fort Worth area, I go into a court and mention my name.
[52:11.000 --> 52:19.000]  Everybody gets tense because the word is, if that accountant scoundrel shows up at your office, watch out.
[52:19.000 --> 52:25.000]  He's just trying to get you to do something so he can call 911 and try to get you arrested.
[52:25.000 --> 52:26.000]  And that's true.
[52:26.000 --> 52:28.000]  I am.
[52:28.000 --> 52:31.000]  So don't screw with me.
[52:31.000 --> 52:38.000]  If I ask you to do something, I can quote you chapter and verse that says you have to do it.
[52:38.000 --> 52:46.000]  If I can't quote chapter and verse, I'm not going to ask.
[52:46.000 --> 52:48.000]  It's a personal discipline.
[52:48.000 --> 52:50.000]  It's not hard.
[52:50.000 --> 52:56.000]  And once you get it, things work better for you.
[52:56.000 --> 53:00.000]  Okay, so I'm still a little bit lost.
[53:00.000 --> 53:11.000]  You talked about suing under personal capacity, and official capacity is what then?
[53:11.000 --> 53:23.000]  If they do something that they're allowed to do, but they do it badly, like they arrest me.
[53:23.000 --> 53:25.000]  Let's say I'm speeding.
[53:25.000 --> 53:27.000]  The officer pulls me over.
[53:27.000 --> 53:29.000]  Speeding is not good because people can argue.
[53:29.000 --> 53:32.000]  It don't apply.
[53:32.000 --> 53:35.000]  Let's say he catches me stealing something.
[53:35.000 --> 53:37.000]  There you go.
[53:37.000 --> 53:47.000]  And in the process, knocks me down and lacks my eye and puts the cuffs on too tight and bruises me up.
[53:47.000 --> 53:50.000]  He has authority to arrest me.
[53:50.000 --> 53:52.000]  No, he shouldn't have knocked me down.
[53:52.000 --> 53:55.000]  That's exceeding his authority.
[53:55.000 --> 53:58.000]  But he is acting within scope.
[53:58.000 --> 54:02.000]  He has the authority to put cuffs on me.
[54:02.000 --> 54:09.000]  He's not supposed to put them too tight, but that's within the scope of his authority.
[54:09.000 --> 54:20.000]  So if he does his job and does it badly, so long as he is within the scope of his official capacity, then he has immunity.
[54:20.000 --> 54:26.000]  So you always want to claim a criminal violation.
[54:26.000 --> 54:37.000]  In this case, he arrested me in a private office for a public offense.
[54:37.000 --> 54:39.000]  That's outside of scope.
[54:39.000 --> 54:44.000]  That's not him arresting me badly.
[54:44.000 --> 54:50.000]  That's him arresting me when he had no authority at all to do the arrest.
[54:50.000 --> 54:53.000]  Okay.
[54:53.000 --> 55:05.000]  I was wondering if there's like, if it works to say personal capacity falls under procedural due process,
[55:05.000 --> 55:13.000]  and then official capacity follows under substantive due process, but maybe that's not correct.
[55:13.000 --> 55:18.000]  Depends on the nature of the substantive and procedural due process.
[55:18.000 --> 55:24.000]  Generally, procedural due process is harm per se.
[55:24.000 --> 55:33.000]  And a valid and substantive due process will always go to official misconduct.
[55:33.000 --> 55:46.000]  If a public official fails to perform a duty he is required to perform or exerts or purports to exert an authority they don't expressly have,
[55:46.000 --> 55:50.000]  and that's official misconduct.
[55:50.000 --> 55:55.000]  Public officials are commanded to follow law.
[55:55.000 --> 55:57.000]  That's a duty.
[55:57.000 --> 56:00.000]  If they fail to follow law, they commit a criminal act.
[56:00.000 --> 56:03.000]  And in the process, deny you and arrive, that's a crime.
[56:03.000 --> 56:07.000]  And it goes to procedural due process.
[56:07.000 --> 56:16.000]  Substantive due process, I never have really got a good definition of substantive due process.
[56:16.000 --> 56:21.000]  I never in a pleading say substantive due process.
[56:21.000 --> 56:23.000]  I just say due process.
[56:23.000 --> 56:25.000]  Okay.
[56:25.000 --> 56:30.000]  And when you look in the case law, it's iffy.
[56:30.000 --> 56:32.000]  It's just a word lawyers made up.
[56:32.000 --> 56:34.000]  It's not really in law anywhere.
[56:34.000 --> 56:38.000]  It's just a term they made up.
[56:38.000 --> 56:47.000]  And I tried, I spent quite a bit of time trying to get a definitive definition of the two.
[56:47.000 --> 56:57.000]  And I got so many definitions of substantive due process that substantive is,
[56:57.000 --> 57:06.000]  okay, you're not exactly violating a specific statutory prescription.
[57:06.000 --> 57:11.000]  But a reasonable person of ordinary prudence ought to know this is not right.
[57:11.000 --> 57:15.000]  See, that's always iffy.
[57:15.000 --> 57:19.000]  So I try to avoid substantive if I can.
[57:19.000 --> 57:29.000]  Okay. Then do you always have to serve their home addresses?
[57:29.000 --> 57:30.000]  No.
[57:30.000 --> 57:34.000]  And if you don't have it, can you ask the court for their employment addresses?
[57:34.000 --> 57:42.000]  In this suit, I asked the court to allow me, since all of these were public officials,
[57:42.000 --> 57:51.000]  I asked and put in there that I do not want to know these people's home address.
[57:51.000 --> 57:54.000]  And asked the court for permission to serve them.
[57:54.000 --> 57:59.000]  As all of the acts I complained of were done while they were on the job,
[57:59.000 --> 58:04.000]  I asked to be allowed to serve them at their place of employment.
[58:04.000 --> 58:06.000]  Yes, you can ask them anything you want.
[58:06.000 --> 58:12.000]  There really aren't any hard and fast prescriptions for the most part.
[58:12.000 --> 58:20.000]  Okay. And my last question is, you included a judicial notice in this petition,
[58:20.000 --> 58:25.000]  and I thought that would be a motion, a motion for judicial notice.
[58:25.000 --> 58:27.000]  No, hang on, hang on.
[58:27.000 --> 58:29.000]  We're about to go to our sponsors, yeah.
[58:29.000 --> 58:32.000]  I'll address that on the other side.
[58:32.000 --> 58:37.000]  If you want to do judicial notice separate, you'll do that in an affidavit form.
[58:37.000 --> 58:41.000]  But generally, judicial notice is asked for inside a document.
[58:41.000 --> 58:50.000]  Hang on, Randy Kelton, Brett Fountain, Root of La Radio, we'll be right back.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 58:57.000]  Bibles for America is offering a free study Bible
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[59:06.000 --> 59:09.000]  It's an accurate translation, and it contains thousands of footnotes
[59:09.000 --> 59:13.000]  that will help you to know God and to know the meaning of life.
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[59:18.000 --> 59:21.000]  Chapter by chapter, Basic Elements of the Christian Life
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[59:33.000 --> 59:40.000]  call Bibles for America toll-free at 888-551-0102.
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[59:44.000 --> 59:49.000]  Or visit us online at bfa.org.
[59:49.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 01:00:05.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.000 --> 01:00:09.000]  They guarantee the specific freedoms Americans should know and protect.
[01:00:09.000 --> 01:00:11.000]  Our liberty depends on it.
[01:00:11.000 --> 01:00:14.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:00:14.000 --> 01:00:17.000]  to remember one of your constitutional rights.
[01:00:17.000 --> 01:00:19.000]  Privacy is under attack.
[01:00:19.000 --> 01:00:22.000]  When you give up data about yourself, you'll never get it back again.
[01:00:22.000 --> 01:00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.000 --> 01:00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.000 --> 01:00:35.000]  Privacy, it's worth hanging on to.
[01:00:35.000 --> 01:00:38.000]  This public service announcement is brought to you by StartPage.com,
[01:00:38.000 --> 01:00:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.000 --> 01:00:46.000]  Start over with StartPage.
[01:00:46.000 --> 01:00:49.000]  Imagine your mom and dad are getting ready for bed.
[01:00:49.000 --> 01:00:52.000]  They pull back the covers and find a third party there.
[01:00:52.000 --> 01:00:55.000]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.000 --> 01:00:58.000]  That shocking image of a third party in my parents' bed reminds me
[01:00:58.000 --> 01:01:01.000]  what the Third Amendment was designed to prevent.
[01:01:01.000 --> 01:01:04.000]  It protects us from being forced to share our homes with soldiers,
[01:01:04.000 --> 01:01:07.000]  a common demand in the days of our founding fathers.
[01:01:07.000 --> 01:01:09.000]  Third party, Third Amendment, get it?
[01:01:09.000 --> 01:01:13.000]  So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:13.000 --> 01:01:17.000]  tell them to dust off their copy of the Bill of Rights and re-read the Third Amendment.
[01:01:17.000 --> 01:01:22.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:32.000 --> 01:01:35.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.000 --> 01:01:39.000]  They guarantee the specific freedoms Americans should know and protect.
[01:01:39.000 --> 01:01:41.000]  Our liberty depends on it.
[01:01:41.000 --> 01:01:44.000]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way
[01:01:44.000 --> 01:01:47.000]  to remember one of your constitutional rights.
[01:01:47.000 --> 01:01:49.000]  Privacy is under attack.
[01:01:49.000 --> 01:01:52.000]  When you give up data about yourself, you'll never get it back again.
[01:01:52.000 --> 01:01:57.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.000 --> 01:01:59.000]  So protect your rights.
[01:01:59.000 --> 01:02:02.000]  Say no to surveillance and keep your information to yourself.
[01:02:02.000 --> 01:02:05.000]  Privacy, it's worth hanging on to.
[01:02:05.000 --> 01:02:08.000]  This public service announcement is brought to you by StartPage.com,
[01:02:08.000 --> 01:02:12.000]  the private search engine alternative to Google, Yahoo, and Bing.
[01:02:12.000 --> 01:02:16.000]  Start over with StartPage.
[01:02:16.000 --> 01:02:20.000]  Imagine four eyes staring at you through binoculars, a magnifying glass,
[01:02:20.000 --> 01:02:22.000]  or a pair of x-ray goggles.
[01:02:22.000 --> 01:02:26.000]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom
[01:02:26.000 --> 01:02:28.000]  from unreasonable search and seizure.
[01:02:28.000 --> 01:02:31.000]  Fourth Amendment, four eyes staring at you, get it?
[01:02:31.000 --> 01:02:34.000]  Unfortunately, the government is trampling our Fourth Amendment rights
[01:02:34.000 --> 01:02:38.000]  in the name of security, case in point, TSA airport scanners
[01:02:38.000 --> 01:02:40.000]  that peer under your clothing.
[01:02:40.000 --> 01:02:44.000]  When government employees demand a peep at your privates without probable cause,
[01:02:44.000 --> 01:02:47.000]  I say it's time to sound the constitutional alarm bells.
[01:02:47.000 --> 01:02:50.000]  Join me in asking our representatives to dust off the Bill of Rights
[01:02:50.000 --> 01:02:54.000]  and use their googly eyes to take a gander at the Fourth.
[01:02:54.000 --> 01:03:04.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:24.000 --> 01:03:44.000]  Okay.
[01:03:44.000 --> 01:03:46.000]  We are back in Kelton.
[01:03:46.000 --> 01:03:50.000]  We're at Fountainville Radio and we're talking to Nancy in Pennsylvania.
[01:03:50.000 --> 01:03:56.000]  Okay. We handled the due process. What was your next question?
[01:03:56.000 --> 01:04:00.000]  Yeah, so I looked at your document in which you have a judicial notice
[01:04:00.000 --> 01:04:04.000]  in the petition for declaratory judgment.
[01:04:04.000 --> 01:04:08.000]  And I was just learning through the jurisdictionary,
[01:04:08.000 --> 01:04:12.000]  I thought that a judicial notice would be a motion.
[01:04:12.000 --> 01:04:16.000]  So instead you can put a judicial notice in a declaratory judgment.
[01:04:16.000 --> 01:04:20.000]  You know, wait a minute. When we went to break, I said to Brett,
[01:04:20.000 --> 01:04:25.000]  this woman is asking really good questions.
[01:04:25.000 --> 01:04:32.000]  So the fact that you've been through jurisdictionary doesn't surprise me in the least.
[01:04:32.000 --> 01:04:38.000]  Yeah, but I guess there's some creative things you can do in a declaratory judgment.
[01:04:38.000 --> 01:04:41.000]  Oh, he is a year to the point.
[01:04:41.000 --> 01:04:47.000]  You're asking sophisticated questions. You have a level of understanding
[01:04:47.000 --> 01:04:53.000]  what you're navigating and you know the basics and you're asking advanced things.
[01:04:53.000 --> 01:04:57.000]  And that's typically what happens when people spend some time in jurisdictionary
[01:04:57.000 --> 01:05:00.000]  and they are able to talk.
[01:05:00.000 --> 01:05:07.000]  You know how long I've been wanting to gripe about substantive due process.
[01:05:07.000 --> 01:05:14.000]  But never had anybody ask me a question where I could go there and express my frustrations.
[01:05:14.000 --> 01:05:20.000]  So that was cool. I like sophisticated questions like you're asking.
[01:05:20.000 --> 01:05:25.000]  The difference between the civil suit and declaratory judgment.
[01:05:25.000 --> 01:05:32.000]  Declaratory judgment is great because for the most part nobody knows what it is.
[01:05:32.000 --> 01:05:38.000]  It's a relatively new innovation at Winion in I think 2011.
[01:05:38.000 --> 01:05:43.000]  I filed a petition for declaratory judgment in the federal court in Fort Worth.
[01:05:43.000 --> 01:05:48.000]  And Judge McBride on the other side was a lawyer for Lock Lord,
[01:05:48.000 --> 01:05:51.000]  one of the largest law firms in the country.
[01:05:51.000 --> 01:05:58.000]  He filed a motion to dismiss for failure of state claim which can be had under Rule 12B6.
[01:05:58.000 --> 01:06:04.000]  12B6 does not apply to declaratory judgment. That's why I did declaratory judgment.
[01:06:04.000 --> 01:06:11.000]  And McBride dismissed the case with prejudice for failure to state a claim.
[01:06:11.000 --> 01:06:14.000]  I said, is that a fat jack?
[01:06:14.000 --> 01:06:23.000]  And I filed criminal charges against him with a special agent in charge of the local FBI in Dallas.
[01:06:23.000 --> 01:06:27.000]  I had two other people file that suit.
[01:06:27.000 --> 01:06:29.000]  He didn't dismiss them, exact same suit.
[01:06:29.000 --> 01:06:35.000]  I just changed a few of the names of the litigants and a few facts.
[01:06:35.000 --> 01:06:40.000]  He didn't dismiss any of those. He did not know what it was.
[01:06:40.000 --> 01:06:44.000]  You have to be ready to educate your officials then.
[01:06:44.000 --> 01:06:48.000]  Tina, she filed one in California.
[01:06:48.000 --> 01:06:55.000]  They treated it just like a regular civil action. They had no idea what it was.
[01:06:55.000 --> 01:06:58.000]  So it gives you an opportunity to school them.
[01:06:58.000 --> 01:06:59.000]  Right.
[01:06:59.000 --> 01:07:09.000]  And if you do it right, before they realize what they have done, they will give you your ruling.
[01:07:09.000 --> 01:07:14.000]  They won't realize you just set them up for their civil suit.
[01:07:14.000 --> 01:07:18.000]  Okay. Sounds good.
[01:07:18.000 --> 01:07:21.000]  Okay. Ask me some more hard questions.
[01:07:21.000 --> 01:07:28.000]  Well, so you're saying that in a declaratory judgment you can put judicial notice in the document?
[01:07:28.000 --> 01:07:32.000]  Oh, yeah. You can put judicial notice on anything.
[01:07:32.000 --> 01:07:42.000]  You can only give judicial notice of indisputable facts and law.
[01:07:42.000 --> 01:07:50.000]  If it's a fact over which the parties may disagree, the court cannot take judicial notice.
[01:07:50.000 --> 01:07:58.000]  In this petition, I asked the court to take judicial notice of the fact that I was arrested,
[01:07:58.000 --> 01:08:05.000]  that I was placed in a cruiser, that I was taken directly to the jail, that I was held overnight,
[01:08:05.000 --> 01:08:09.000]  and that I was brought before a magistrate the next morning.
[01:08:09.000 --> 01:08:20.000]  Nobody will dispute any of those facts and that there is no order issued under 16.17 in the record
[01:08:20.000 --> 01:08:24.000]  as commanded by 17.30 Texas Code of Criminal Procedure.
[01:08:24.000 --> 01:08:29.000]  These are facts everybody has to agree to because they're indisputable.
[01:08:29.000 --> 01:08:34.000]  And I'm singling these out and asking the court to take judicial notice,
[01:08:34.000 --> 01:08:41.000]  not because I don't think they'll pay attention to them, but notice this fact, this fact, this fact, this fact,
[01:08:41.000 --> 01:08:47.000]  this fact will lead you directly to the conclusion I want you to come to.
[01:08:47.000 --> 01:08:48.000]  Yeah.
[01:08:48.000 --> 01:08:53.000]  So that's what you're doing by giving the judicial notice.
[01:08:53.000 --> 01:09:00.000]  So yeah, you can do it in the document or you can make up an affidavit,
[01:09:00.000 --> 01:09:05.000]  verify the affidavit and refer to the verified affidavit.
[01:09:05.000 --> 01:09:15.000]  If you have a large statement of facts, then you can file that and ask them to take notice.
[01:09:15.000 --> 01:09:19.000]  You can file it as a separate document so it shortens up your suit.
[01:09:19.000 --> 01:09:29.000]  I don't like that because it puts a mental space between your suit and the statement of facts.
[01:09:29.000 --> 01:09:33.000]  When you're going down your suit, if there's a question on the fact,
[01:09:33.000 --> 01:09:38.000]  he can just move back up the suit to where that was, the fact was, and check it and move back down.
[01:09:38.000 --> 01:09:46.000]  If he has to go get another document, that causes a pretty serious pattern interruption.
[01:09:46.000 --> 01:09:53.000]  It knocks him out of mental flow in the ways he's reading it.
[01:09:53.000 --> 01:10:01.000]  I remember seeing these facts and then he can move back up to it without dropping out of mental flow.
[01:10:01.000 --> 01:10:08.000]  But if he has to put this document down and open up another document, then he's dropped completely out.
[01:10:08.000 --> 01:10:18.000]  And then when he goes back in, all that stuff I was stacking up for him so he could make the decision I want, he's lost all that.
[01:10:18.000 --> 01:10:24.000]  This doesn't go to law. This goes to how the mind works.
[01:10:24.000 --> 01:10:26.000]  And you're very big on that.
[01:10:26.000 --> 01:10:27.000]  Yeah.
[01:10:27.000 --> 01:10:31.000]  So I'm following your, that's why I'm really studying your document.
[01:10:31.000 --> 01:10:39.000]  Well, now you just brought, I thought, have another thought if we have the time to share.
[01:10:39.000 --> 01:10:44.000]  So you said in your judicial notice you have very objective facts.
[01:10:44.000 --> 01:10:47.000]  They're not disputable.
[01:10:47.000 --> 01:10:57.000]  I was thinking of the Pennsylvania Supreme Court analysis of the Pennsylvania Act 129.
[01:10:57.000 --> 01:11:04.000]  I know enough that they violated statutory construction in their interpretation.
[01:11:04.000 --> 01:11:07.000]  Hold on, hold on.
[01:11:07.000 --> 01:11:10.000]  I'm going to complain.
[01:11:10.000 --> 01:11:13.000]  Too many pronouns.
[01:11:13.000 --> 01:11:14.000]  Okay.
[01:11:14.000 --> 01:11:18.000]  Boy pronouns, they violated.
[01:11:18.000 --> 01:11:26.000]  Are you talking to the framers who wrote the code or to the judges who rendered a ruling on the code?
[01:11:26.000 --> 01:11:30.000]  The judges ruling on the code.
[01:11:30.000 --> 01:11:35.000]  Okay, judges ruling does not necessarily go to statutory construction.
[01:11:35.000 --> 01:11:43.000]  Or are you saying that they violated, that they misinterpreted the law?
[01:11:43.000 --> 01:11:44.000]  Yes.
[01:11:44.000 --> 01:11:45.000]  Okay.
[01:11:45.000 --> 01:11:56.000]  And we'll see, they assigned, they took the word depreciation schedule and they referenced it to two different definitions.
[01:11:56.000 --> 01:12:03.000]  So to me, that's a violation of construction.
[01:12:03.000 --> 01:12:20.000]  The Code Construction Act can only be referenced relative to the verbiage of a code, not to the verbiage in a judicial opinion.
[01:12:20.000 --> 01:12:42.000]  And to address that, you would simply notice the court of the two different definitions and the variations between the two so that to juxtapose them could lead a reasonable person of ordinary prudence to come to a different conclusion.
[01:12:42.000 --> 01:12:48.000]  So that would be void for vagueness?
[01:12:48.000 --> 01:12:50.000]  No, not exactly.
[01:12:50.000 --> 01:12:53.000]  The judges misinterpreted.
[01:12:53.000 --> 01:12:54.000]  Okay.
[01:12:54.000 --> 01:13:00.000]  I'm splitting hairs here by saying don't use Code Construction Act here.
[01:13:00.000 --> 01:13:01.000]  Okay.
[01:13:01.000 --> 01:13:08.000]  But that's because you're talking to a judge that that'll make him notice that you're a pro se.
[01:13:08.000 --> 01:13:09.000]  Uh-huh.
[01:13:09.000 --> 01:13:17.000]  Have you read the Brunson's Act lawsuit that's going before the feds?
[01:13:17.000 --> 01:13:21.000]  I have referenced it and maybe not in full detail though.
[01:13:21.000 --> 01:13:28.000]  Pull down that equitable maxim and read it.
[01:13:28.000 --> 01:13:29.000]  Okay.
[01:13:29.000 --> 01:13:37.000]  I read that and I thought I would that I could produce such pros.
[01:13:37.000 --> 01:13:41.000]  That was extremely well done.
[01:13:41.000 --> 01:13:45.000]  They didn't know anything about my rules.
[01:13:45.000 --> 01:13:47.000]  I got a whole bunch of them.
[01:13:47.000 --> 01:13:52.000]  They did not violate a single rule.
[01:13:52.000 --> 01:13:57.000]  That is how it's done.
[01:13:57.000 --> 01:14:00.000]  If you get a chance to read through it.
[01:14:00.000 --> 01:14:01.000]  Okay.
[01:14:01.000 --> 01:14:04.000]  Do you have my legal 101?
[01:14:04.000 --> 01:14:06.000]  Yes, I do.
[01:14:06.000 --> 01:14:11.000]  Go to the section on mental flow.
[01:14:11.000 --> 01:14:14.000]  For me, that's my favorite section.
[01:14:14.000 --> 01:14:17.000]  That's all about neurolinguistic programming.
[01:14:17.000 --> 01:14:21.000]  It's not really about neurolinguistic programming.
[01:14:21.000 --> 01:14:29.000]  It's where I do neurolinguistic programming and I'm trying to demonstrate how to do that.
[01:14:29.000 --> 01:14:33.000]  Everything is about leading the mind.
[01:14:33.000 --> 01:14:34.000]  Right.
[01:14:34.000 --> 01:14:43.000]  I have people read my documents and I ask them tell me every time I create a question in your mind that I don't immediately answer.
[01:14:43.000 --> 01:14:48.000]  I can't get them to understand that part.
[01:14:48.000 --> 01:14:52.000]  I want to know when I mentally trip up the judge.
[01:14:52.000 --> 01:14:57.000]  When I say something that causes a red flag to come up.
[01:14:57.000 --> 01:15:03.000]  We've got this part of our brain that looks for red flags.
[01:15:03.000 --> 01:15:08.000]  I do stuff in my writing to get that part busy doing other things.
[01:15:08.000 --> 01:15:16.000]  You notice how I set my quotations out.
[01:15:16.000 --> 01:15:20.000]  I shrink them two points of font.
[01:15:20.000 --> 01:15:22.000]  I set them to italics.
[01:15:22.000 --> 01:15:26.000]  I shrink both margins and I set them to single space.
[01:15:26.000 --> 01:15:35.000]  You look at the document and you can see this entire quoted section stands out from everything else.
[01:15:35.000 --> 01:15:49.000]  If I've quoted something to judge for certain knows, when I come to it visually he'll have part of his mind reading the content.
[01:15:49.000 --> 01:15:53.000]  But then there's another part that's looking at the structure.
[01:15:53.000 --> 01:16:00.000]  It sees this is the quote and if he knows what it is he'll just move right on over it and keep going.
[01:16:00.000 --> 01:16:06.000]  He won't even consciously, it won't even make a blip.
[01:16:06.000 --> 01:16:14.000]  When I do that same thing when I quote statutes, if I reference a statute I'm going to quote it in there.
[01:16:14.000 --> 01:16:17.000]  He's not going to have to go out to some of their book.
[01:16:17.000 --> 01:16:20.000]  I'm not going to use footnotes.
[01:16:20.000 --> 01:16:23.000]  Footnotes make me nuts.
[01:16:23.000 --> 01:16:29.000]  You completely lose your reader when you put in a footnote.
[01:16:29.000 --> 01:16:31.000]  He sees the little number.
[01:16:31.000 --> 01:16:37.000]  Now he's got to go down there and find the little number and read what's down there and then come back to where you're at.
[01:16:37.000 --> 01:16:41.000]  Just stick it right in there.
[01:16:41.000 --> 01:16:44.000]  Okay, hang on, Randy Kelton, Brett Fountain.
[01:16:44.000 --> 01:16:51.000]  If I seem to be hanging on to you, I am because I don't get to do the sophisticated stuff very often.
[01:16:51.000 --> 01:17:00.000]  Randy Kelton, Brett Fountain, we'll be right back.
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[01:17:49.000 --> 01:18:00.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:18:00.000 --> 01:18:01.000]  I love logos.
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[01:18:07.000 --> 01:18:08.000]  I need my truth pick.
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[01:18:13.000 --> 01:18:16.000]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite
[01:18:16.000 --> 01:18:20.000]  and I really don't have any money to give because I spent it all on supplements.
[01:18:20.000 --> 01:18:22.000]  How can I help logos?
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[01:18:27.000 --> 01:18:29.000]  You can order new supplies or holiday gifts.
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[01:18:34.000 --> 01:18:37.000]  Click on the Amazon logo and bookmark it.
[01:18:37.000 --> 01:18:43.000]  Now, when you order anything from Amazon, you use that link and logos gets a few pesos.
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[01:18:44.000 --> 01:18:45.000]  No.
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[01:18:47.000 --> 01:18:48.000]  No.
[01:18:48.000 --> 01:18:49.000]  Can I use my Amazon Prime?
[01:18:49.000 --> 01:18:50.000]  No.
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[01:18:52.000 --> 01:18:54.000]  Giving without doing anything or spending any money.
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[01:18:55.000 --> 01:18:57.000]  Thank you so much.
[01:18:57.000 --> 01:18:58.000]  You're welcome.
[01:18:58.000 --> 01:19:00.000]  Happy holidays, logos.
[01:19:00.000 --> 01:19:13.000]  This is the Logos Radio Network.
[01:19:13.000 --> 01:19:36.000]  Oh, come on.
[01:19:36.000 --> 01:20:05.000]  Okay.
[01:20:05.000 --> 01:20:06.000]  We are back.
[01:20:06.000 --> 01:20:11.000]  Randy Kelton, Brett Fountain, WeVlog Radio, and we're talking to Nancy in Pennsylvania.
[01:20:11.000 --> 01:20:14.000]  And there's one place I seldom get to go.
[01:20:14.000 --> 01:20:20.000]  Nancy, did you know I put up a channel on the Telegram channel called Slycology?
[01:20:20.000 --> 01:20:21.000]  Yes.
[01:20:21.000 --> 01:20:22.000]  Yep.
[01:20:22.000 --> 01:20:25.000]  That one, I didn't get much action on it.
[01:20:25.000 --> 01:20:34.000]  I was disappointed because I wanted to go to the more sophisticated tools that we have available to us
[01:20:34.000 --> 01:20:41.000]  that we can use, and I'd like someone who can evaluate these.
[01:20:41.000 --> 01:20:44.000]  Most of the time, if I do it right, you can't see them.
[01:20:44.000 --> 01:20:55.000]  Things like pacing, leading, analog marking, reality stacking, pattern interruption, tools underneath the content.
[01:20:55.000 --> 01:21:04.000]  When I do the radio show, when I'm speaking to something that I want to stick in everybody's mind,
[01:21:04.000 --> 01:21:12.000]  I will start telling part of it, then I'll give a break and just half a second,
[01:21:12.000 --> 01:21:19.000]  then I'll tell the next part, and then I'll go back to normal speed.
[01:21:19.000 --> 01:21:23.000]  If I do it right, you won't even notice.
[01:21:23.000 --> 01:21:30.000]  One thing I always do on the radio is I talk a little bit slower than you do in real life.
[01:21:30.000 --> 01:21:37.000]  I listen to myself on the radio, and I sound like I'm kind of slow-witted.
[01:21:37.000 --> 01:21:40.000]  I'm talking slow.
[01:21:40.000 --> 01:21:47.000]  But when I'm doing radio, it doesn't seem that way, and that's because I'm talking to you and you can't see me.
[01:21:47.000 --> 01:21:50.000]  My facial expressions, my lips move.
[01:21:50.000 --> 01:21:53.000]  You just hear sound.
[01:21:53.000 --> 01:22:05.000]  And taking sound and turning sound into meaning without any peripheral cues just takes a little bit more time.
[01:22:05.000 --> 01:22:10.000]  So you have to slow down just a little bit, give them time to do that.
[01:22:10.000 --> 01:22:17.000]  And then there are tools like, are you familiar with alliteration?
[01:22:17.000 --> 01:22:20.000]  Alliteration, yeah.
[01:22:20.000 --> 01:22:28.000]  Alliteration is extremely powerful, and if it's done well, it goes by and you don't even see it.
[01:22:28.000 --> 01:22:31.000]  Consciously, you don't notice it, but it sticks in the mind.
[01:22:31.000 --> 01:22:39.000]  Alliteration, for those who don't know, is rhyming of portions of a word other than the ending.
[01:22:39.000 --> 01:22:50.000]  Ascendant alliteration is rhyming vowels.
[01:22:50.000 --> 01:22:58.000]  Brett, give me a quick ascendant alliteration.
[01:22:58.000 --> 01:23:01.000]  It's easier to do consonant alliteration.
[01:23:01.000 --> 01:23:06.000]  That's rhyming consonant cells.
[01:23:06.000 --> 01:23:12.000]  The one I generally use, yeah, I can say it on the radio, shit and shinola.
[01:23:12.000 --> 01:23:18.000]  Shit and shinola rings in the mind in a way that rhyme doesn't.
[01:23:18.000 --> 01:23:22.000]  But that's not an ascendant, right? That's just the shh sound.
[01:23:22.000 --> 01:23:25.000]  That's a consonant sound.
[01:23:25.000 --> 01:23:31.000]  The shh sound, that's the consonant sound as opposed to a vowel sound.
[01:23:31.000 --> 01:23:40.000]  If you use alliteration along with meter, count the number of syllable sounds in a sentence.
[01:23:40.000 --> 01:23:45.000]  If I've got a section that I really want to stick in the judge's mind,
[01:23:45.000 --> 01:23:51.000]  I will take the section and count the number of syllable sounds in each sentence,
[01:23:51.000 --> 01:23:54.000]  then do a high average and a low average.
[01:23:54.000 --> 01:23:57.000]  I once wrote a letter to the chief of police in Fort Worth.
[01:23:57.000 --> 01:24:03.000]  It was a page and a half and I went through and counted the syllable sounds in every sentence
[01:24:03.000 --> 01:24:05.000]  and then did a high and low average.
[01:24:05.000 --> 01:24:09.000]  I had 15 and I think I had 8.
[01:24:09.000 --> 01:24:12.000]  I really don't like even.
[01:24:12.000 --> 01:24:23.000]  It's better if you're doing ascendant or alliteration meter that you always land on an odd number.
[01:24:23.000 --> 01:24:28.000]  Anyway, I set the first sentence to 15 syllable sounds,
[01:24:28.000 --> 01:24:33.000]  the second sentence to 8 syllable sounds and then 15 and then 8.
[01:24:33.000 --> 01:24:35.000]  It's not like iambic pentameter.
[01:24:35.000 --> 01:24:39.000]  Da da da da da da da da da da da da da da da da.
[01:24:39.000 --> 01:24:42.000]  Da da da da da da da da da da da da da da da da da da da.
[01:24:42.000 --> 01:24:45.000]  After the second repetition,
[01:24:45.000 --> 01:24:52.000]  the reader will expect the syllable sound to land on the meter.
[01:24:52.000 --> 01:24:57.000]  a song that's well written, the voice lands on the notes.
[01:24:58.560 --> 01:25:00.360]  You have to count meter.
[01:25:00.360 --> 01:25:02.640]  People do it automatically when they do songs,
[01:25:02.640 --> 01:25:04.640]  but they don't do that in prose.
[01:25:05.980 --> 01:25:08.500]  And if you do that in prose,
[01:25:08.500 --> 01:25:11.960]  the mind comes to expect the sentence
[01:25:11.960 --> 01:25:14.300]  to end on a certain drop.
[01:25:16.440 --> 01:25:19.200]  Everybody I gave this letter to read it
[01:25:19.200 --> 01:25:23.440]  from the top to the bottom before they commented on it.
[01:25:25.240 --> 01:25:28.920]  And that's because there was that critical part of the mind
[01:25:28.920 --> 01:25:33.480]  that generally looks for screw-ups and boo-boos and such.
[01:25:33.480 --> 01:25:36.700]  It was looking for one, but it was looking for meter.
[01:25:37.800 --> 01:25:42.320]  So it didn't interfere with the absorption of the content.
[01:25:42.320 --> 01:25:43.720]  Does that make sense, Nancy?
[01:25:45.160 --> 01:25:47.920]  Right, and it's kind of like why we learn best
[01:25:47.920 --> 01:25:52.160]  better when we're singing than when we just recite a word.
[01:25:52.160 --> 01:25:53.000]  Absolutely.
[01:25:53.000 --> 01:25:55.480]  Helps us to learn faster.
[01:25:55.480 --> 01:26:00.480]  You've got a good portion of the content formatted
[01:26:00.520 --> 01:26:05.440]  in a way that is already put together for the listener,
[01:26:05.440 --> 01:26:08.200]  and they can just follow right along and land on the beat.
[01:26:08.200 --> 01:26:12.120]  If you do it in prose, if you do it well,
[01:26:12.120 --> 01:26:15.120]  the reader will never have a clue you've done that.
[01:26:15.120 --> 01:26:19.160]  I would love to do that kind of stuff.
[01:26:19.160 --> 01:26:20.320]  Okay, enough of that.
[01:26:20.320 --> 01:26:23.120]  Probably I'm probably boring everybody, but you and me.
[01:26:24.680 --> 01:26:29.680]  I just wanted to also state that, assuming I do that,
[01:26:30.040 --> 01:26:33.840]  alliteration and metering, but the content itself,
[01:26:35.320 --> 01:26:38.400]  saying to in a declaratory judgment
[01:26:38.400 --> 01:26:40.360]  that the Pennsylvania Supreme Court
[01:26:40.360 --> 01:26:45.320]  used came to use two different definitions.
[01:26:47.160 --> 01:26:50.120]  Just the thought that it's coming from a pro se,
[01:26:51.040 --> 01:26:54.600]  accusing Pennsylvania Supreme Court justice,
[01:26:54.600 --> 01:26:56.680]  can you put that in a judicial notice?
[01:26:57.880 --> 01:26:58.720]  Is it a fact?
[01:26:58.720 --> 01:27:01.000]  No, no, no, no, I wouldn't put that.
[01:27:01.000 --> 01:27:03.600]  That is a judicial notice.
[01:27:03.600 --> 01:27:05.800]  You only give judicial notice of something
[01:27:05.800 --> 01:27:08.120]  that cannot be contravened.
[01:27:08.120 --> 01:27:11.800]  This is just, you're asking the court for clarification.
[01:27:12.640 --> 01:27:14.080]  So Nancy, take a look.
[01:27:14.080 --> 01:27:18.880]  For judicial notice, go and reference the rules of evidence.
[01:27:18.880 --> 01:27:23.880]  Take a look at rule 201, and it's the same in the Fed
[01:27:23.880 --> 01:27:26.120]  and it's the same in Pennsylvania, Texas.
[01:27:26.120 --> 01:27:30.800]  Rule 201 will tell you about judicial notice,
[01:27:30.800 --> 01:27:34.920]  and it'll speak to what belongs in there.
[01:27:34.920 --> 01:27:37.600]  There are several parts that you can see
[01:27:37.600 --> 01:27:40.840]  exactly what you can give judicial notice of.
[01:27:41.680 --> 01:27:44.320]  Okay, yeah, I know I've gotta get to the rules of evidence.
[01:27:44.320 --> 01:27:48.680]  There's so much to take in at once, so.
[01:27:48.680 --> 01:27:51.480]  In reading the rule, when you read the rules,
[01:27:51.480 --> 01:27:54.760]  don't sit there and try to memorize
[01:27:54.760 --> 01:27:57.400]  and understand all of them, making nuts.
[01:27:57.400 --> 01:27:58.800]  Just read them.
[01:27:58.800 --> 01:28:01.320]  Just speed read right through them.
[01:28:01.320 --> 01:28:03.520]  And then go back and read them a second time.
[01:28:03.520 --> 01:28:08.520]  And your brain will start stitching all the pieces together.
[01:28:08.800 --> 01:28:12.360]  Because you've read it once, now you have the context
[01:28:12.360 --> 01:28:13.840]  of everything in there.
[01:28:15.640 --> 01:28:17.680]  When you go back the second time,
[01:28:17.680 --> 01:28:21.320]  then your brain will begin to pick up the content
[01:28:21.320 --> 01:28:25.960]  within context, it'll be, it's kind of like singing.
[01:28:25.960 --> 01:28:29.360]  You will start sticking these in the places where they go.
[01:28:31.040 --> 01:28:32.680]  You'll read something in the front,
[01:28:32.680 --> 01:28:35.120]  and then you'll think of something in the back.
[01:28:35.120 --> 01:28:38.560]  That's why that was done that way, because of this one.
[01:28:38.560 --> 01:28:40.880]  You'll start stitching those pieces together.
[01:28:42.160 --> 01:28:47.160]  Okay, so something like what I just stated as content
[01:28:47.160 --> 01:28:49.920]  that would mostly, that would go in the allegations
[01:28:52.120 --> 01:28:53.760]  rather than in, yeah.
[01:28:53.760 --> 01:28:55.080]  No, what you were speaking to,
[01:28:55.080 --> 01:29:00.000]  where they have used one term with two different definitions,
[01:29:00.000 --> 01:29:04.440]  they probably didn't realize they did that.
[01:29:05.520 --> 01:29:10.520]  And it's not, if you do a well-structured presentation,
[01:29:10.880 --> 01:29:12.440]  it won't make any difference.
[01:29:12.440 --> 01:29:14.880]  Your lawyer or pro say they won't care.
[01:29:17.600 --> 01:29:19.280]  Okay, so here what I could do,
[01:29:19.280 --> 01:29:21.800]  and what part of the document.
[01:29:21.800 --> 01:29:25.440]  This is what these guys love to do.
[01:29:25.440 --> 01:29:29.440]  They love to take these things apart in detail.
[01:29:31.440 --> 01:29:33.240]  You got your issue over here,
[01:29:33.240 --> 01:29:35.240]  the other guy's got his issue,
[01:29:35.240 --> 01:29:37.840]  and it's my job to put these together
[01:29:37.840 --> 01:29:42.200]  and figure out a center of the road
[01:29:42.200 --> 01:29:46.200]  where everybody comes out with the best outcome,
[01:29:46.200 --> 01:29:49.280]  according to the standing law.
[01:29:49.280 --> 01:29:50.720]  They love to do this.
[01:29:50.720 --> 01:29:53.760]  You bring up an issue like this, they're gonna love it.
[01:29:53.760 --> 01:29:55.600]  Hang on.
[01:29:55.600 --> 01:29:56.600]  We'll be right back.
[01:29:58.600 --> 01:30:02.600]  A top cybersecurity expert has a warning for America.
[01:30:02.600 --> 01:30:04.920]  If you build an electrical smart grid,
[01:30:04.920 --> 01:30:06.200]  the hackers will come
[01:30:06.200 --> 01:30:09.120]  and they could cause a catastrophic blackout.
[01:30:09.120 --> 01:30:10.480]  I'm Dr. Catherine Albrecht,
[01:30:10.480 --> 01:30:13.320]  back with the shocking details in a moment.
[01:30:13.320 --> 01:30:15.440]  Privacy is under attack.
[01:30:15.440 --> 01:30:17.360]  When you give up data about yourself,
[01:30:17.360 --> 01:30:19.040]  you'll never get it back again.
[01:30:19.040 --> 01:30:20.720]  And once your privacy is gone,
[01:30:20.720 --> 01:30:22.320]  you'll clear your name.
[01:30:22.320 --> 01:30:23.840]  When your privacy is gone,
[01:30:23.840 --> 01:30:27.040]  you'll find your freedoms will start to vanish too.
[01:30:27.040 --> 01:30:28.480]  So protect your rights,
[01:30:28.480 --> 01:30:30.000]  say no to surveillance
[01:30:30.000 --> 01:30:32.360]  and keep your information to yourself.
[01:30:32.360 --> 01:30:34.760]  Privacy, it's worth hanging on to.
[01:30:34.760 --> 01:30:37.880]  This message is brought to you by startpage.com,
[01:30:37.880 --> 01:30:39.720]  the private search engine alternative
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[01:30:45.800 --> 01:30:48.400]  Governments love power, so it's only natural
[01:30:48.400 --> 01:30:49.840]  they'd want to control the power
[01:30:49.840 --> 01:30:52.480]  into your home too with a smart grid.
[01:30:52.480 --> 01:30:55.280]  So they're installing a national network of smart meters
[01:30:55.280 --> 01:30:58.120]  to remotely monitor electric use for efficiency
[01:30:58.120 --> 01:30:59.800]  and avoid grid failure.
[01:30:59.800 --> 01:31:03.320]  But cybersecurity expert David Chalk says not so fast.
[01:31:03.320 --> 01:31:05.600]  If we make the national power grid controllable
[01:31:05.600 --> 01:31:08.560]  through the web, hackers will have a field day.
[01:31:08.560 --> 01:31:10.560]  Working remotely, they could tap in
[01:31:10.560 --> 01:31:12.720]  and black out the entire nation,
[01:31:12.720 --> 01:31:15.320]  leaving us vulnerable to our enemies.
[01:31:15.320 --> 01:31:16.880]  I've long opposed smart meters
[01:31:16.880 --> 01:31:19.080]  for privacy and health reasons.
[01:31:19.080 --> 01:31:21.840]  The catastrophic failures caused by hackers,
[01:31:21.840 --> 01:31:24.040]  there's nothing smart about that.
[01:31:24.040 --> 01:31:26.920]  I'm Dr. Catherine Albrecht for startpage.com,
[01:31:26.920 --> 01:31:28.960]  the world's most private search engine.
[01:31:31.480 --> 01:31:34.680]  This is building seven, a 47 story skyscraper
[01:31:34.680 --> 01:31:36.920]  that fell on the afternoon of September 11th.
[01:31:36.920 --> 01:31:38.800]  The government says that fire brought it down.
[01:31:38.800 --> 01:31:42.400]  However, 1500 architects and engineers concluded
[01:31:42.400 --> 01:31:43.960]  it was a controlled demolition.
[01:31:43.960 --> 01:31:45.920]  Over 6,000 of my fellow service members
[01:31:45.920 --> 01:31:46.760]  have given their lives.
[01:31:46.760 --> 01:31:49.440]  Thousands of my fellow first responders are dying.
[01:31:49.440 --> 01:31:50.920]  I'm not a conspiracy theorist.
[01:31:50.920 --> 01:31:51.760]  I'm a structural engineer.
[01:31:51.760 --> 01:31:53.240]  I'm a New York City correctional officer.
[01:31:53.240 --> 01:31:54.280]  I'm an Air Force pilot.
[01:31:54.280 --> 01:31:55.840]  I'm a father who lost his son.
[01:31:55.840 --> 01:31:58.440]  We're Americans and we deserve the truth.
[01:31:58.440 --> 01:32:01.360]  Go to rememberbuildingseven.org today.
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[01:33:02.800 --> 01:33:05.600]  You are listening to the Logos Radio Network.
[01:33:05.600 --> 01:33:07.480]  LogosradioNetwork.com.
[01:33:07.480 --> 01:33:11.480]  LogosradioNetwork.com
[01:33:37.480 --> 01:33:41.480]  LogosradioNetwork.com
[01:33:41.480 --> 01:33:45.480]  LogosradioNetwork.com
[01:33:45.480 --> 01:33:49.480]  LogosradioNetwork.com
[01:33:49.480 --> 01:33:50.760]  Okay, we are back.
[01:33:50.760 --> 01:33:53.200]  Randy Kelton, Gret Fountain, Rule of Law Radio in Kentucky,
[01:33:53.200 --> 01:33:54.480]  Nancy in Pennsylvania.
[01:33:54.480 --> 01:33:56.080]  And Nancy, I kind of drugged this along
[01:33:56.080 --> 01:33:58.240]  because we frankly were going out of college.
[01:33:59.240 --> 01:34:01.680]  But all of a sudden the board filled up.
[01:34:01.680 --> 01:34:06.680]  Okay, what else do you have for us?
[01:34:10.160 --> 01:34:14.680]  Okay, so that type of content goes where?
[01:34:14.680 --> 01:34:18.360]  You said that they'll enjoy this type of content,
[01:34:18.360 --> 01:34:19.720]  but where does it go again?
[01:34:19.720 --> 01:34:21.680]  Just in, can't be.
[01:34:21.680 --> 01:34:25.960]  Wherever the term is, wherever you come across the term,
[01:34:25.960 --> 01:34:29.800]  just set out a section, maybe a paragraph,
[01:34:29.800 --> 01:34:34.320]  and address the two places where they used the term,
[01:34:34.320 --> 01:34:39.320]  and show how the definitions are inconsistent
[01:34:40.360 --> 01:34:42.040]  and ask them to clarify.
[01:34:43.800 --> 01:34:46.160]  Oh, okay, ask to clarify.
[01:34:47.720 --> 01:34:49.200]  I'm an engineer,
[01:34:49.200 --> 01:34:54.200]  and I like people to bring me difficult problems.
[01:34:54.200 --> 01:34:58.400]  And that's what these judges are doing in law.
[01:34:59.760 --> 01:35:03.440]  That's why they want to be appellate court judges.
[01:35:04.440 --> 01:35:08.800]  So they can do really sophisticated legal analysis.
[01:35:10.240 --> 01:35:14.480]  So saying that they used a term,
[01:35:14.480 --> 01:35:16.920]  used two different variations
[01:35:16.920 --> 01:35:18.640]  on a definition of the same term,
[01:35:18.640 --> 01:35:20.000]  they're going to like that.
[01:35:20.000 --> 01:35:23.000]  Okay, well, I will let you go
[01:35:23.000 --> 01:35:24.840]  so that you can get to the other callers.
[01:35:24.840 --> 01:35:26.160]  And if I have any other questions,
[01:35:26.160 --> 01:35:28.360]  I'll just call another night.
[01:35:28.360 --> 01:35:29.200]  Thank you.
[01:35:29.200 --> 01:35:30.680]  Okay, thank you, Nancy.
[01:35:30.680 --> 01:35:31.520]  Okay, bye-bye.
[01:35:32.520 --> 01:35:35.520]  Okay, now we're going to go to Beena in California.
[01:35:36.840 --> 01:35:39.480]  Beena, I am having trouble with that name.
[01:35:41.480 --> 01:35:43.720]  I wanted to say a beater in California,
[01:35:43.720 --> 01:35:45.520]  but that would be insensitive.
[01:35:45.520 --> 01:35:48.120]  I'm struggling here.
[01:35:48.120 --> 01:35:50.120]  So you're not going to say that, right?
[01:35:50.120 --> 01:35:52.520]  I'm not going to say beater in California.
[01:35:52.520 --> 01:35:55.000]  I'm going to say beena in California.
[01:35:55.000 --> 01:35:56.160]  You can say beener,
[01:35:56.160 --> 01:35:58.760]  and that'll be another mishandle, I'll take it.
[01:35:58.760 --> 01:36:01.840]  Happy New Year to you both.
[01:36:01.840 --> 01:36:06.360]  And I got a fresh new notepad for 2020.
[01:36:06.360 --> 01:36:09.360]  It's in front of me, anyway.
[01:36:09.360 --> 01:36:13.080]  So I just wanted to say thank you to all of you
[01:36:13.080 --> 01:36:17.600]  in front of me, anyway, so I've been trotting along,
[01:36:17.600 --> 01:36:20.080]  dealing with the landlord situation
[01:36:20.080 --> 01:36:21.560]  that I called you all about.
[01:36:21.560 --> 01:36:25.160]  I think, I don't know, August, September,
[01:36:25.160 --> 01:36:27.960]  he's still at it, I'm still here,
[01:36:27.960 --> 01:36:32.960]  and oh my gosh, this man is really off his rocker.
[01:36:34.120 --> 01:36:38.560]  So tonight, he got somebody else
[01:36:38.560 --> 01:36:40.400]  to bring some stuff to my door.
[01:36:40.400 --> 01:36:41.800]  And you know, I'm at the point now
[01:36:41.800 --> 01:36:43.840]  where I'm just like, okay, who are you?
[01:36:43.840 --> 01:36:44.680]  What do you need?
[01:36:44.680 --> 01:36:45.880]  Leave it at the door, right?
[01:36:45.880 --> 01:36:48.800]  I don't run and hide, none of that stuff.
[01:36:48.800 --> 01:36:53.800]  So he has, and this may be a good call for some people,
[01:36:54.280 --> 01:36:57.920]  when people are using documents fraudulently,
[01:36:57.920 --> 01:37:02.320]  but none of his stuff, Randy, has been signed.
[01:37:02.320 --> 01:37:05.000]  It's not stamped by the court.
[01:37:05.000 --> 01:37:08.760]  He's sending all kinds of versions of notices,
[01:37:08.760 --> 01:37:10.360]  everyone that doesn't work.
[01:37:10.360 --> 01:37:13.320]  He goes back and finds another cause.
[01:37:13.320 --> 01:37:15.680]  I've never seen anybody do this in my life.
[01:37:16.600 --> 01:37:20.520]  He initially had the first notice shot down
[01:37:20.520 --> 01:37:22.320]  because it was illegitimate.
[01:37:23.200 --> 01:37:27.120]  Then he came back at me, claiming that I had an alias.
[01:37:28.160 --> 01:37:31.720]  Then he apologized for identifying me as an AKA,
[01:37:31.720 --> 01:37:34.320]  these other names that he pulled off the internet.
[01:37:34.320 --> 01:37:37.680]  So I was listening to what you were saying to Jane, Brett,
[01:37:37.680 --> 01:37:40.680]  about fictitiously or fraudulently
[01:37:40.680 --> 01:37:42.600]  using some of these information.
[01:37:44.120 --> 01:37:45.520]  That didn't work.
[01:37:45.520 --> 01:37:47.680]  Then he tried to drag the city into it,
[01:37:47.680 --> 01:37:52.680]  saying that I'm in violation of some ordinance, non-law,
[01:37:52.880 --> 01:37:57.080]  because he's trying to demand entry into my unit,
[01:37:57.080 --> 01:37:58.200]  which I have refused.
[01:37:58.200 --> 01:38:02.400]  I've researched the law and none of those things apply.
[01:38:02.400 --> 01:38:07.400]  And the law also says you may not use requirements to enter
[01:38:11.200 --> 01:38:14.640]  as a way to harass a tenant, and that's what he's doing.
[01:38:14.640 --> 01:38:16.840]  So that didn't work.
[01:38:16.840 --> 01:38:20.920]  So today he has this unstamped by the court
[01:38:20.920 --> 01:38:23.520]  half-inch packet, maybe three-quarters inch,
[01:38:23.520 --> 01:38:26.480]  of paper that he had somebody leave
[01:38:26.480 --> 01:38:29.200]  that's in a plastic sleeve.
[01:38:29.200 --> 01:38:31.800]  So you can see through it, so I see it's a UD.
[01:38:31.800 --> 01:38:34.360]  But it has no insignia or signatures
[01:38:34.360 --> 01:38:36.240]  or anything from the court.
[01:38:37.720 --> 01:38:40.880]  I'm actually writing up a criminal complaint.
[01:38:40.880 --> 01:38:44.440]  I was denied protection orders by the court,
[01:38:44.440 --> 01:38:47.640]  so I've got a notice to sue to the judge,
[01:38:47.640 --> 01:38:52.640]  who, as far as I'm concerned, has been complicit
[01:38:52.920 --> 01:38:55.600]  in allowing this man's abuse and harassment
[01:38:55.600 --> 01:38:58.680]  to continue for five months solid.
[01:38:58.680 --> 01:39:00.840]  I feel like my life has been hijacked
[01:39:00.840 --> 01:39:02.880]  by this freak of nature.
[01:39:02.880 --> 01:39:05.280]  And yes, that is how I'm referring to him.
[01:39:06.520 --> 01:39:09.960]  And it's not just me, other tenants will corroborate that.
[01:39:09.960 --> 01:39:12.040]  So I don't know.
[01:39:12.040 --> 01:39:13.960]  Have you ever heard of an instance like this
[01:39:13.960 --> 01:39:18.080]  where somebody just keeps, you know, it's almost like-
[01:39:18.080 --> 01:39:20.040]  What is he, okay, he never did tell us
[01:39:20.040 --> 01:39:22.040]  what he was trying to accomplish.
[01:39:22.040 --> 01:39:24.760]  Is he trying to get you out of the apartment?
[01:39:24.760 --> 01:39:27.920]  Oh yeah, oh yeah, he's been trying to evict.
[01:39:27.920 --> 01:39:31.400]  But here in LA, there is a moratorium.
[01:39:31.400 --> 01:39:34.680]  I went behind on my rent first time
[01:39:34.680 --> 01:39:36.840]  in all the time that I've lived here,
[01:39:36.840 --> 01:39:40.200]  and he immediately had an eviction notice on my door.
[01:39:40.200 --> 01:39:45.200]  And that was in violation of the moratorium.
[01:39:48.160 --> 01:39:53.160]  I told him what was happening with my funds, my income,
[01:39:53.520 --> 01:39:57.320]  and his response to me was, why do I need to know that?
[01:39:57.320 --> 01:40:01.880]  So he was deflective and dismissive of the explanation.
[01:40:01.880 --> 01:40:02.720]  I intend to pay him.
[01:40:02.720 --> 01:40:06.120]  I told him I have chunks coming through the pipeline
[01:40:06.120 --> 01:40:10.320]  and that's not, you know, a made up statement.
[01:40:10.320 --> 01:40:13.400]  And he vacillates, Randy.
[01:40:13.400 --> 01:40:15.240]  One day he'll say, oh, you know,
[01:40:15.240 --> 01:40:16.640]  you're going to be out of the air,
[01:40:16.640 --> 01:40:19.360]  so I'm going to let you slide on the rent.
[01:40:19.360 --> 01:40:22.360]  And then two days later he'll text, do you have the rent?
[01:40:22.360 --> 01:40:27.360]  Does this guy have issues, emotional issues?
[01:40:29.720 --> 01:40:32.320]  Randy, listen, yes.
[01:40:32.320 --> 01:40:35.040]  When I first moved in, he said a lot of things
[01:40:35.040 --> 01:40:37.040]  that are very odd, almost confessional,
[01:40:37.040 --> 01:40:39.160]  like somebody, I haven't gone through 12 steps
[01:40:39.160 --> 01:40:42.080]  but I've seen stuff about it in movies.
[01:40:42.080 --> 01:40:44.200]  His confessional statements to me
[01:40:44.200 --> 01:40:47.120]  sound like somebody that's been through treatment.
[01:40:47.120 --> 01:40:50.160]  He told me he's had drug abuse issues.
[01:40:50.160 --> 01:40:52.600]  And when I describe to people what this man
[01:40:52.600 --> 01:40:55.880]  has been engaged in, the person they ask is,
[01:40:55.880 --> 01:40:57.360]  is he an addict?
[01:40:57.360 --> 01:41:00.640]  Because his behavior is so out of the norm
[01:41:00.640 --> 01:41:04.720]  of any sort of, you know, regular
[01:41:04.720 --> 01:41:06.920]  or what might be considered normal,
[01:41:09.200 --> 01:41:11.080]  people that are just mentally balanced.
[01:41:11.080 --> 01:41:14.720]  He is imbalanced and he's brought people to my door
[01:41:14.720 --> 01:41:16.760]  who yell and shout and threaten me,
[01:41:16.760 --> 01:41:19.400]  oh, I know all about you and I have this.
[01:41:19.400 --> 01:41:22.160]  And I just say to them, who are you?
[01:41:22.160 --> 01:41:24.520]  I don't know who you are, why are you talking to me?
[01:41:24.520 --> 01:41:26.000]  Who are these people?
[01:41:27.360 --> 01:41:28.800]  He will not identify them.
[01:41:28.800 --> 01:41:31.080]  The last person he brought here
[01:41:31.080 --> 01:41:33.720]  who was yelling at me, making a scene,
[01:41:35.560 --> 01:41:38.440]  the landlord said, he's my agent.
[01:41:38.440 --> 01:41:40.360]  And then the man quickly said, no, no, no,
[01:41:40.360 --> 01:41:43.160]  I'm not his agent, I'm his friend.
[01:41:43.160 --> 01:41:46.880]  So he doesn't care, he just says anything.
[01:41:46.880 --> 01:41:50.320]  Do you have, are you recording them?
[01:41:51.440 --> 01:41:55.240]  Yes, no, I have started recording.
[01:41:55.240 --> 01:41:57.720]  I went out trying to find a little camera.
[01:41:57.720 --> 01:41:59.640]  And when I opened the door,
[01:41:59.640 --> 01:42:01.200]  when he was here on December the 9th,
[01:42:01.200 --> 01:42:03.120]  I said, this camera is my witness,
[01:42:04.480 --> 01:42:07.440]  but the stupid camera didn't really record.
[01:42:07.440 --> 01:42:10.880]  But I did have a backup, so I got audio recording.
[01:42:10.880 --> 01:42:15.040]  And Randy, when I eventually closed the door and said,
[01:42:15.040 --> 01:42:16.440]  you know what, I'm not dealing with this,
[01:42:16.440 --> 01:42:18.320]  because I was trying to come outside to say,
[01:42:18.320 --> 01:42:21.080]  look, let's go out here and survey the property
[01:42:21.080 --> 01:42:24.920]  to really address once and for all what he's claiming
[01:42:24.920 --> 01:42:29.000]  he cannot do from the exterior of this property.
[01:42:29.000 --> 01:42:30.280]  But they yelled at me and I said,
[01:42:30.280 --> 01:42:32.120]  I'm not going to deal with you.
[01:42:32.120 --> 01:42:34.360]  Well, I stood there at the door listening,
[01:42:34.360 --> 01:42:38.320]  and I heard him say, yeah, I was here working on the roof,
[01:42:39.320 --> 01:42:42.040]  which he probably was doing without a permit.
[01:42:42.040 --> 01:42:44.640]  And I heard her in there talking.
[01:42:44.640 --> 01:42:48.320]  Now, in my research about landlord-tenant laws,
[01:42:48.320 --> 01:42:49.960]  it says very plainly,
[01:42:49.960 --> 01:42:52.280]  a landlord may not eavesdrop on a tenant.
[01:42:53.440 --> 01:42:54.560]  That's what he was doing.
[01:42:54.560 --> 01:42:57.280]  How do you get the full gist of a conversation?
[01:42:57.280 --> 01:43:01.960]  And then he relayed to these men,
[01:43:01.960 --> 01:43:03.840]  one of whom was a city worker,
[01:43:03.840 --> 01:43:05.920]  who I'm going to bang with the notice.
[01:43:06.840 --> 01:43:09.800]  He's telling them all this gossip stuff.
[01:43:09.800 --> 01:43:12.440]  I don't care, because I know that whatever it is
[01:43:12.440 --> 01:43:17.360]  that he's repeating was spoken about within the four walls
[01:43:17.360 --> 01:43:19.000]  of where I live.
[01:43:19.000 --> 01:43:24.000]  And so he was breaking the law once again in another way.
[01:43:24.040 --> 01:43:25.840]  I have a photograph of him meeting
[01:43:25.840 --> 01:43:29.520]  with all the other tenants here who have been harassing me
[01:43:29.520 --> 01:43:31.320]  and who he's colluding with.
[01:43:32.200 --> 01:43:37.200]  So I got a picture of them gathered at the Croyer.
[01:43:37.560 --> 01:43:39.360]  Okay, we're about to go to our sponsors.
[01:43:39.360 --> 01:43:44.360]  When we come back, I need to know what we need from us,
[01:43:45.000 --> 01:43:46.440]  the questions you have.
[01:43:46.440 --> 01:43:49.080]  Hang on, Randy Kelvin, Brett Fountain,
[01:43:49.080 --> 01:43:50.880]  we'll move our radio.
[01:43:50.880 --> 01:43:52.400]  I'm not going to give out the call-in numbers.
[01:43:52.400 --> 01:43:57.080]  We've got one segment left and two more callers.
[01:43:57.080 --> 01:43:58.600]  Hang on, we'll be right back.
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[01:47:05.520 --> 01:47:08.800]  Okay, we are back.
[01:47:08.800 --> 01:47:11.480]  Randy Kelton, Red Fountain Rule of Law Radio,
[01:47:11.480 --> 01:47:16.800]  and we're talking to Ina in California.
[01:47:16.800 --> 01:47:20.760]  What question do you have for us?
[01:47:20.760 --> 01:47:22.640]  So what else can I do, Randy?
[01:47:22.640 --> 01:47:25.360]  I have done the cease and desist.
[01:47:25.360 --> 01:47:27.360]  I've done a police report.
[01:47:27.360 --> 01:47:32.440]  I filed in Superior Court protection orders.
[01:47:32.440 --> 01:47:34.600]  The judge denied it.
[01:47:34.600 --> 01:47:38.560]  Have you filed a civil suit against him?
[01:47:38.560 --> 01:47:41.880]  That is actually being refined this weekend
[01:47:41.880 --> 01:47:44.280]  so that I can file that on Monday.
[01:47:44.280 --> 01:47:47.280]  And I'm also filing a criminal complaint
[01:47:47.280 --> 01:47:48.760]  against him in federal.
[01:47:48.760 --> 01:47:52.320]  I mean, it's been extreme.
[01:47:52.320 --> 01:47:57.320]  And five months of my life being hung up by this person.
[01:47:57.600 --> 01:48:00.200]  You know what, Ina, one thing occurred to me
[01:48:00.200 --> 01:48:01.960]  as you were speaking earlier
[01:48:01.960 --> 01:48:03.640]  about all these different kinds of things
[01:48:03.640 --> 01:48:05.880]  he's tried to do to you.
[01:48:05.880 --> 01:48:10.880]  And the idea that came to me was a vexatious litigant.
[01:48:10.880 --> 01:48:15.400]  When someone tries to stir up trouble in the court
[01:48:15.400 --> 01:48:18.240]  and then it turns out to be frivolous
[01:48:18.240 --> 01:48:22.200]  and the court says, go away, there's nothing to that.
[01:48:22.200 --> 01:48:24.320]  And then they turn around and try something else
[01:48:24.320 --> 01:48:26.600]  and the court says, go away, that's frivolous,
[01:48:26.600 --> 01:48:27.840]  there's nothing to it.
[01:48:27.840 --> 01:48:30.680]  And they come back a third time, they try it again.
[01:48:32.160 --> 01:48:35.080]  Somebody needs to be raising the flag and saying,
[01:48:35.080 --> 01:48:37.600]  could you please call him a vexatious litigant?
[01:48:37.600 --> 01:48:41.400]  Because as soon as they slap that label on him,
[01:48:42.400 --> 01:48:44.760]  then, and that's-
[01:48:44.760 --> 01:48:46.840]  They can only get there
[01:48:46.840 --> 01:48:49.440]  if he's filing actions against her.
[01:48:49.440 --> 01:48:50.920]  Right, it sounds like he's already done
[01:48:50.920 --> 01:48:52.680]  three different ones.
[01:48:52.680 --> 01:48:55.200]  She said he's been trying different causes of action
[01:48:55.200 --> 01:48:56.720]  and they get thrown out.
[01:48:57.760 --> 01:49:00.480]  But no, no, no, no, let me clarify.
[01:49:00.480 --> 01:49:05.480]  He's writing up notices as if I'm not aware,
[01:49:05.800 --> 01:49:06.640]  thanks to you guys,
[01:49:06.640 --> 01:49:08.400]  now that I know these are bogus.
[01:49:08.400 --> 01:49:10.280]  But they haven't gone through the court.
[01:49:10.280 --> 01:49:12.560]  He's just giving me the paperwork.
[01:49:12.560 --> 01:49:15.040]  It has not been filed with the court.
[01:49:15.040 --> 01:49:16.160]  So he's abused the court.
[01:49:16.160 --> 01:49:17.560]  Okay.
[01:49:17.560 --> 01:49:19.040]  Yeah, but that's a good idea.
[01:49:19.040 --> 01:49:24.040]  Well then, in a way, he's simulating legal process.
[01:49:24.120 --> 01:49:25.960]  That's what I was thinking.
[01:49:27.040 --> 01:49:29.480]  So you got harassment for sure.
[01:49:29.480 --> 01:49:30.320]  Yeah.
[01:49:30.320 --> 01:49:32.680]  And it looks like simulating legal process too.
[01:49:32.680 --> 01:49:37.680]  And if on a civil suit against him,
[01:49:37.720 --> 01:49:40.520]  you might ask for a psych eval.
[01:49:42.440 --> 01:49:43.600]  I'm just going to ask you,
[01:49:43.600 --> 01:49:45.320]  how do I go about doing that?
[01:49:45.320 --> 01:49:47.920]  Because I do want to bring that up.
[01:49:47.920 --> 01:49:49.840]  And I'm just going to say,
[01:49:49.840 --> 01:49:51.360]  I've spoken to other tenants,
[01:49:51.360 --> 01:49:54.520]  not all of them, but the ones that have left.
[01:49:54.520 --> 01:49:56.760]  I mean, there's a very high turnover here
[01:49:56.760 --> 01:49:59.200]  and I still am in contact with some.
[01:49:59.200 --> 01:50:02.720]  They know what I know about his instability.
[01:50:03.840 --> 01:50:06.120]  One talks to me directly,
[01:50:06.120 --> 01:50:09.400]  and she talks about how he's been trying to evict her
[01:50:09.400 --> 01:50:14.400]  because she's the longest term tenant living here currently.
[01:50:14.640 --> 01:50:15.960]  And she said to me recently,
[01:50:15.960 --> 01:50:17.800]  if I could afford to move, I would.
[01:50:19.000 --> 01:50:23.920]  But it's something that's commonly discussed about him.
[01:50:23.920 --> 01:50:26.120]  So people just try to avoid him
[01:50:26.120 --> 01:50:30.560]  just because of these kinds of dramatic things.
[01:50:30.560 --> 01:50:34.480]  And I think he has successfully used these tactics
[01:50:34.480 --> 01:50:36.560]  on other people and-
[01:50:36.560 --> 01:50:39.120]  Have you considered health and human services?
[01:50:41.280 --> 01:50:43.160]  For what?
[01:50:43.160 --> 01:50:45.920]  Reporting to them for his erratic behavior
[01:50:45.920 --> 01:50:49.680]  that you feel like he is mentally disturbed
[01:50:49.680 --> 01:50:54.680]  and you're concerned that he may crack one day
[01:50:54.680 --> 01:50:56.080]  and start shooting people.
[01:50:57.000 --> 01:50:59.520]  He might be a danger to himself and others.
[01:50:59.520 --> 01:51:00.800]  Yeah.
[01:51:00.800 --> 01:51:02.200]  And you know what?
[01:51:02.200 --> 01:51:07.000]  He did tell me he has a firearm, yes.
[01:51:07.000 --> 01:51:10.400]  So I'm not an alarmist, I'm not going to exaggerate.
[01:51:10.400 --> 01:51:14.000]  I do wonder, the other night I came home,
[01:51:14.000 --> 01:51:16.160]  he was on the property.
[01:51:16.160 --> 01:51:19.840]  And where I parked, he walked into this little area
[01:51:19.840 --> 01:51:23.240]  that's almost like a catwalk alongside of the building
[01:51:23.240 --> 01:51:24.720]  that's next to where I live,
[01:51:24.720 --> 01:51:28.160]  which is also part of this lot that he owns.
[01:51:29.400 --> 01:51:32.800]  He was parallel to my window and it wasn't late at night.
[01:51:33.720 --> 01:51:36.960]  He walked over there, looked in my car,
[01:51:36.960 --> 01:51:41.840]  and then ran through whatever alias vehicle he was driving
[01:51:41.840 --> 01:51:43.920]  and then took off like a bat making a U-turn
[01:51:43.920 --> 01:51:45.720]  so he wouldn't be detected.
[01:51:45.720 --> 01:51:49.080]  He's skulking around the property late at night.
[01:51:49.080 --> 01:51:50.640]  He's doing all kinds of weird things
[01:51:50.640 --> 01:51:53.240]  because he's a weird ass.
[01:51:53.240 --> 01:51:55.200]  Well, then go to them and tell them.
[01:51:55.200 --> 01:51:59.040]  This guy is strange and you're concerned not only you
[01:51:59.040 --> 01:52:00.760]  but some of the other tenants are concerned
[01:52:00.760 --> 01:52:02.320]  for their safety from him.
[01:52:05.920 --> 01:52:10.280]  Well, I will do the research on how to constructively
[01:52:10.280 --> 01:52:14.440]  affect a psyche valve, but I do think that he needs one.
[01:52:14.440 --> 01:52:17.480]  He evaded service for my TRO.
[01:52:17.480 --> 01:52:19.880]  There were about six attempts.
[01:52:19.880 --> 01:52:24.040]  Okay, and I'm saying, hey, I'm doing all these things
[01:52:24.040 --> 01:52:27.480]  that he's claiming, let's go to court.
[01:52:27.480 --> 01:52:30.760]  Let's have her, but he's not because he knows
[01:52:30.760 --> 01:52:34.920]  that he is fraudulently presenting these notices to me
[01:52:34.920 --> 01:52:37.280]  thinking that I'm not recognizing
[01:52:37.280 --> 01:52:39.920]  these deliberate defaults, right?
[01:52:39.920 --> 01:52:43.960]  He's trying to intimidate me into a constructive eviction.
[01:52:45.360 --> 01:52:46.720]  There is no cause.
[01:52:46.720 --> 01:52:51.120]  So make life interesting for him.
[01:52:51.120 --> 01:52:56.120]  You asked the police to come out and do a wellness check.
[01:52:59.640 --> 01:53:02.320]  Look up wellness check.
[01:53:02.320 --> 01:53:03.680]  Right, okay.
[01:53:04.520 --> 01:53:06.920]  He won't like that even a little bit.
[01:53:08.360 --> 01:53:11.800]  So send it to his house because,
[01:53:11.800 --> 01:53:13.960]  and this house is beautiful, it's peaceful,
[01:53:13.960 --> 01:53:15.240]  it's got beautiful property.
[01:53:15.240 --> 01:53:17.640]  And I'm thinking, oh, you don't like it
[01:53:17.640 --> 01:53:20.240]  when somebody comes to your door, right,
[01:53:20.240 --> 01:53:22.000]  to serve you at night.
[01:53:22.000 --> 01:53:25.200]  All the lights went out and curtains got drawn
[01:53:25.200 --> 01:53:26.960]  and he's hiding.
[01:53:26.960 --> 01:53:31.960]  So when I called 911 when he's been here without notice,
[01:53:35.320 --> 01:53:37.520]  they don't respond.
[01:53:37.520 --> 01:53:42.520]  They called me five or six hours after his last appearance
[01:53:42.520 --> 01:53:47.520]  here and by that time I was back at the courthouse.
[01:53:48.760 --> 01:53:51.600]  So I don't know what else to do really.
[01:53:51.600 --> 01:53:54.920]  I mean, I've been, you know.
[01:53:54.920 --> 01:53:56.720]  I would suggest to file a suit against you
[01:53:56.720 --> 01:53:58.880]  but in the suit ask for a psycho girl.
[01:54:00.040 --> 01:54:02.520]  Okay, okay.
[01:54:04.880 --> 01:54:06.600]  I will do that.
[01:54:06.600 --> 01:54:07.440]  Would you all.
[01:54:07.440 --> 01:54:09.000]  Likely to hurt his feelings.
[01:54:09.000 --> 01:54:12.200]  Do you think he's a wacko?
[01:54:13.200 --> 01:54:16.000]  He is a wacko and.
[01:54:16.000 --> 01:54:17.600]  I started to follow that with you.
[01:54:17.600 --> 01:54:18.880]  He may actually be.
[01:54:19.760 --> 01:54:23.240]  And after something bad happens, everybody says,
[01:54:23.240 --> 01:54:25.240]  well, didn't anybody see the signs?
[01:54:25.240 --> 01:54:26.800]  Didn't anybody do anything?
[01:54:27.840 --> 01:54:31.560]  Exactly, he's had, I mean, this is his business
[01:54:31.560 --> 01:54:36.360]  but the truth is he's had relationships
[01:54:36.360 --> 01:54:37.200]  with some of the tenants.
[01:54:37.200 --> 01:54:39.000]  I'm just going to put it like that.
[01:54:40.360 --> 01:54:42.080]  I'm just going to put it like that.
[01:54:42.080 --> 01:54:44.560]  Talking about boinking the tenants.
[01:54:44.560 --> 01:54:48.120]  Oh, that's a good word.
[01:54:48.120 --> 01:54:49.880]  Yep, a couple of them.
[01:54:49.880 --> 01:54:53.400]  I saw one of them getting out of his truck late night.
[01:54:53.400 --> 01:54:56.760]  This is, I don't know, before last fall.
[01:54:56.760 --> 01:55:00.000]  Yeah, he's just a strange person.
[01:55:00.000 --> 01:55:02.840]  I don't know that tenant boinking is illegal.
[01:55:04.200 --> 01:55:05.840]  Say that again.
[01:55:05.840 --> 01:55:08.600]  But I don't know that tenant boinking is illegal.
[01:55:11.240 --> 01:55:13.720]  In exchange for, listen, it's not my business.
[01:55:13.720 --> 01:55:18.560]  I'm just saying his behavior here is very, very peculiar
[01:55:18.560 --> 01:55:20.080]  and I'm sick of it.
[01:55:21.240 --> 01:55:24.840]  File a suit and ask for a psych eval in the suit.
[01:55:24.840 --> 01:55:27.560]  Have you recorded his erratic behavior?
[01:55:27.560 --> 01:55:29.360]  Get a good set of recordings.
[01:55:30.840 --> 01:55:32.640]  I have his voicemails.
[01:55:32.640 --> 01:55:34.200]  I have text messages.
[01:55:34.200 --> 01:55:37.480]  He texted me, move, one night.
[01:55:38.680 --> 01:55:42.560]  I have all his mail droppings.
[01:55:42.560 --> 01:55:47.000]  I have his crazy battery of text messages
[01:55:47.000 --> 01:55:49.400]  where he's going to let himself in here
[01:55:49.400 --> 01:55:52.200]  to confirm that I've vacated.
[01:55:52.200 --> 01:55:54.560]  And if I haven't, he's going to do a UT.
[01:55:54.560 --> 01:55:56.720]  I mean, it's just, it's just nutty.
[01:55:58.440 --> 01:56:02.360]  Get a good collection of it and then sue him
[01:56:02.360 --> 01:56:04.360]  and ask for a psych eval.
[01:56:05.880 --> 01:56:07.040]  What else can I ask?
[01:56:07.040 --> 01:56:09.560]  I mean, he's cost me, you know,
[01:56:09.560 --> 01:56:11.920]  he's cost me dearly these five months.
[01:56:11.920 --> 01:56:13.320]  A lot of income loss.
[01:56:13.320 --> 01:56:15.640]  You're asking, you know, sue him good.
[01:56:15.640 --> 01:56:18.040]  File a good, hefty lawsuit.
[01:56:21.800 --> 01:56:23.000]  Well.
[01:56:23.000 --> 01:56:24.800]  That's likely to get his attention.
[01:56:25.960 --> 01:56:27.960]  Well, it has to stop, Randy.
[01:56:27.960 --> 01:56:32.560]  I mean, this is really, really beyond anything.
[01:56:32.560 --> 01:56:34.400]  Well, I mean, I can't compare it.
[01:56:34.400 --> 01:56:35.240]  I don't know.
[01:56:35.240 --> 01:56:37.640]  You have to give the court power to do something.
[01:56:38.560 --> 01:56:43.560]  And if you file a suit and if he's this erratic,
[01:56:43.560 --> 01:56:45.640]  he'll be erratic with the court.
[01:56:45.640 --> 01:56:48.240]  They'll recognize it, then ask for psych eval.
[01:56:49.600 --> 01:56:50.560]  One more quickie.
[01:56:50.560 --> 01:56:53.880]  So what happens to Pease Aid Service again?
[01:56:53.880 --> 01:56:58.880]  In Texas, it's a felony to evade service.
[01:57:00.760 --> 01:57:02.840]  Is it a crime in California?
[01:57:04.520 --> 01:57:07.480]  I looked up, is it a crime to evade service?
[01:57:07.480 --> 01:57:09.640]  But it doesn't seem that it is here.
[01:57:09.640 --> 01:57:11.640]  I mean, people just warn against doing it,
[01:57:11.640 --> 01:57:13.840]  saying it doesn't make things better.
[01:57:13.840 --> 01:57:15.800]  But I have an isolated entity law
[01:57:15.800 --> 01:57:17.840]  that defines it as criminal.
[01:57:17.840 --> 01:57:22.840]  So I did see that you could post a notice in the newspaper,
[01:57:22.920 --> 01:57:25.080]  but I thought that was not applicable
[01:57:25.080 --> 01:57:29.080]  to the landlord tenant situation.
[01:57:30.680 --> 01:57:32.680]  Notice in the newspaper.
[01:57:35.440 --> 01:57:36.280]  Notice.
[01:57:36.280 --> 01:57:38.280]  Service by publication?
[01:57:38.280 --> 01:57:40.680]  Yes, that's what it is.
[01:57:40.680 --> 01:57:42.840]  You have to ask the court for permission
[01:57:42.840 --> 01:57:46.680]  to do service by notification, by publication.
[01:57:46.680 --> 01:57:47.880]  By publication.
[01:57:48.880 --> 01:57:49.720]  Okay.
[01:57:51.800 --> 01:57:52.640]  I can do that.
[01:57:54.200 --> 01:57:58.040]  I can do that, but it's not fun.
[01:57:58.040 --> 01:58:00.440]  I mean, I'm learning a lot, but-
[01:58:00.440 --> 01:58:04.240]  Okay, I'm sorry, we are out of time.
[01:58:04.240 --> 01:58:05.840]  Thank you, Randy.
[01:58:05.840 --> 01:58:07.560]  Thank you, Miss Pina.
[01:58:07.560 --> 01:58:09.880]  I'm still struggling to go with that name.
[01:58:12.160 --> 01:58:15.240]  This is Randy Kelsey, and I'm not trying
[01:58:15.240 --> 01:58:18.960]  not to be insensitive, I'm not a bigot.
[01:58:21.560 --> 01:58:23.640]  I got that word from Tommy Chalm.
[01:58:24.800 --> 01:58:26.120]  He used it in his skit.
[01:58:26.120 --> 01:58:29.280]  Anyway, Randy Kelton, Brett Fountain, Rue La Radio.
[01:58:30.240 --> 01:58:33.080]  We'll be back next week for a regular,
[01:58:33.080 --> 01:58:37.440]  for a two hour show on Thursday and four hour show on Friday.
[01:58:37.440 --> 01:58:41.560]  And check out Eddie Craig's Monday night traffic show.
[01:58:41.560 --> 01:58:44.120]  He does a show strictly on traffic,
[01:58:44.120 --> 01:58:45.680]  pay for your fight and tickets.
[01:58:45.680 --> 01:58:48.560]  Thank you all for listening, and good night.
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[01:58:59.320 --> 01:59:02.200]  has over 9,000 footnotes that explain
[01:59:02.200 --> 01:59:04.560]  what the Bible says verse by verse,
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