ROL_2023-04-13_16k.timecode
[00:00.000 --> 00:05.320] The Bill of Rights contains the first 10 amendments of our Constitution.
[00:05.320 --> 00:09.360] They guarantee the specific freedoms Americans should know and protect.
[00:09.360 --> 00:10.840] Our liberty depends on it.
[00:10.840 --> 00:14.760] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.760 --> 00:17.320] your First Amendment rights.
[00:17.320 --> 00:18.920] Privacy is under attack.
[00:18.920 --> 00:22.520] When you give up data about yourself, you'll never get it back again.
[00:22.520 --> 00:27.280] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.280 --> 00:28.720] So protect your rights.
[00:28.720 --> 00:32.440] Say no to surveillance and keep your information to yourself.
[00:32.440 --> 00:33.440] Privacy.
[00:33.440 --> 00:35.040] It's worth hanging on to.
[00:35.040 --> 00:39.320] This public service announcement is brought to you by Startpage.com, the private search
[00:39.320 --> 00:42.840] engine alternative to Google, Yahoo, and Bing.
[00:42.840 --> 00:46.160] Start over with Startpage.
[00:46.160 --> 00:49.760] Most of us know that taking the Fifth means you're choosing to remain silent about a
[00:49.760 --> 00:50.760] criminal matter.
[00:50.760 --> 00:55.000] It's a good way to remember that the Fifth Amendment spells out what can and can't happen
[00:55.000 --> 00:57.540] to you when you're accused of a criminal offense.
[00:57.540 --> 01:01.800] The Fifth guarantees due process, prohibits trying someone more than once for the same
[01:01.800 --> 01:04.360] crime and lets you keep your mouth shut.
[01:04.360 --> 01:09.480] The Founding Fathers inserted these constitutional provisions to protect citizens from torture.
[01:09.480 --> 01:13.940] Back in the day, governments often used painful methods to extract confessions.
[01:13.940 --> 01:17.880] The Fifth Amendment also prohibits the government from taking your house and land without paying
[01:17.880 --> 01:18.880] you for it.
[01:18.880 --> 01:20.160] That used to happen a lot too.
[01:20.160 --> 01:22.020] I'm Dr. Catherine Albrecht.
[01:22.020 --> 01:31.960] More news and information at CatherineAlbrecht.com.
[01:31.960 --> 01:35.320] The Bill of Rights contains the first ten amendments of our Constitution.
[01:35.320 --> 01:39.360] They guarantee the specific freedoms Americans should know and protect.
[01:39.360 --> 01:40.840] Our liberty depends on it.
[01:40.840 --> 01:44.720] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:44.720 --> 01:47.720] one of your constitutional rights.
[01:47.720 --> 01:49.320] Privacy is under attack.
[01:49.320 --> 01:52.920] When you give up data about yourself, you'll never get it back again.
[01:52.920 --> 01:57.680] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:57.680 --> 02:02.840] So protect your rights, say no to surveillance, and keep your information to yourself.
[02:02.840 --> 02:05.440] Privacy, it's worth hanging on to.
[02:05.440 --> 02:09.740] This public service announcement is brought to you by StartPage.com, the private search
[02:09.740 --> 02:13.280] engine alternative to Google, Yahoo, and Bing.
[02:13.280 --> 02:14.960] Start over with StartPage.
[02:14.960 --> 02:19.000] The number 666 reminds me of evil.
[02:19.000 --> 02:23.680] I also associate it with the sick feeling one might get when falsely accused of a heinous
[02:23.680 --> 02:28.240] crime, or when thinking about sickos who actually do commit acts of murder and mayhem.
[02:28.240 --> 02:33.800] Either way, the number 666 can help you remember that the Sixth Amendment deals with the constitutionally
[02:33.800 --> 02:37.080] guaranteed rights Americans have in a criminal trial.
[02:37.080 --> 02:41.360] Those include the right to a speedy public trial, the right to an impartial jury, the
[02:41.360 --> 02:45.360] right to full information about the charges, the right to an attorney, and the right to
[02:45.360 --> 02:48.000] confront any witnesses face to face.
[02:48.000 --> 02:51.720] 666, sick, sickos, and the Sixth Amendment.
[02:51.720 --> 02:52.720] Get it?
[02:52.720 --> 02:53.920] I'm Dr. Catherine Albrecht.
[02:53.920 --> 03:22.840] More news and information at CatherineAlbrecht.com.
[03:24.600 --> 03:25.600] Yeah!
[03:25.600 --> 03:27.880] Bad boys, bad boys Whatcha gonna do?
[03:27.880 --> 03:30.280] Whatcha gonna do when they come for you?
[03:30.280 --> 03:33.160] Bad boys, bad boys Whatcha gonna do?
[03:33.160 --> 03:36.960] Whatcha gonna do when they come for you?
[03:36.960 --> 03:41.680] When you were eight and you had bad traits You'd go to school and learn the golden rule
[03:41.680 --> 03:43.760] So why are you acting like a bloody fool?
[03:43.760 --> 03:47.400] If you get hot then you must get cool!
[03:47.400 --> 03:51.040] Bad boys, bad boys Whatcha gonna do?
[03:51.040 --> 03:56.400] Whatcha gonna do, or whatcha gonna do when they come for you bad boys, bad boys
[03:56.400 --> 04:00.400] Whatcha gonna do, or whatcha gonna do when they come for you
[04:00.400 --> 04:03.180] You chuck it on that one, you chuck it on this one
[04:03.180 --> 04:05.920] You chuck it on your mother and ya chuckit on your father
[04:05.920 --> 04:08.600] You chuckit on your brother and ya chuckit on your sister
[04:08.600 --> 04:11.200] You chuckit on that one and ya chuckit on me
[04:11.200 --> 04:16.620] Bad boys, bad boys, whatcha gonna do whatcha gonna do when they come for you
[04:16.620 --> 04:24.220] bad boys bad boys what you gonna do what you gonna do when they come for you bad boys oh no
[04:25.180 --> 04:31.660] what you gonna do where you didn't tell me what the day and day and year was what am i gonna do
[04:33.260 --> 04:38.860] okay okay this is did i tell you and you just don't remember or did i not tell you
[04:38.860 --> 04:50.940] you really about radio on this the 13th day thursday the 13th day of april 2023
[04:52.220 --> 04:59.980] and almost friday the 13th but not quite i'll start out a little bit let me go ahead and turn
[04:59.980 --> 05:10.220] the phone lines on if you have a question or a comment give us a call 512-646 what's the
[05:10.220 --> 05:18.220] rest of it brent i'm tired today 1984 it sounds like you're gonna make it be friday the 13th for
[05:18.220 --> 05:24.940] some people here yeah receiving the doctor possibly they're gonna be pretty much hating life
[05:24.940 --> 05:32.620] what's going on with that okay well i have i was going to start out by talking about this lawsuit
[05:32.620 --> 05:42.940] that i filed uh we went ahead and sued in the federal court we sued all of the judges
[05:44.540 --> 05:49.980] of the texas court of appeals i'm sorry the texas court of criminal appeals
[05:49.980 --> 05:56.940] uh the next suit i file will be court of appeals but here we're suing the texas court of criminal
[05:56.940 --> 06:07.340] appeals personally in their individual capacities this should uh get their attention i spent 40
[06:07.340 --> 06:17.100] years researching this particular issue this is what started me on this project and frankly i'm
[06:17.100 --> 06:24.460] near the end of the project i started out to figure out what was wrong with the legal system
[06:25.420 --> 06:35.820] and how to fix it and i've done that what's wrong with the legal system is the police no longer have
[06:35.820 --> 06:42.140] accountability they can arrest you for any reason with or without a warrant with or without cause
[06:42.140 --> 06:47.180] and no one will question them they pretty much pretty well do whatever they want to
[06:49.100 --> 06:56.540] and that's because when a person is arrested he is not taken directly to the nearest magistrate
[06:57.980 --> 07:04.860] they take them throw them in jail and bring them before something that i explain generally a justice
[07:04.860 --> 07:12.460] of the peace but the justice of the peace is not acting as a magistrate he's doing some
[07:13.420 --> 07:22.780] uh abomination they call a magistration hearing yeah that meant that hearing is not defined in
[07:22.780 --> 07:33.260] law anywhere they just made this up so the problem was no examining trial and the court
[07:33.260 --> 07:38.700] no examining trial and the problem for the system is no 16 17 order in the record
[07:39.580 --> 07:49.100] you know what's interesting randy i this a few days ago it was monday i was i heard from the mouth
[07:49.100 --> 07:57.900] of a really elderly judge he was talking about well the way things used to be and he described
[07:57.900 --> 08:06.940] exactly the procedure that you're um addressing right now you know he's he's imagining that well
[08:06.940 --> 08:12.620] all of these lawyers are doing things different these days so it must be something different in
[08:12.620 --> 08:18.380] law and i told him no your honor the way you remember it is still in law this is what should
[08:18.380 --> 08:25.260] be happening he didn't know what to do with that he he remembered from his personal experience
[08:25.260 --> 08:32.940] the way the law is written in the way that it used to be practiced how about that so that's
[08:33.660 --> 08:39.900] and that's good to hear there will be some around who still remember that and at the time we weren't
[08:39.900 --> 08:48.300] having the problems we're having now and it was it worked very well for us well works for texas for
[08:48.300 --> 08:57.340] 200 a little bit right at 220 years and then they changed it and everything went to hell in
[08:57.340 --> 09:07.660] the hand basket so it is a relatively easy fix the hard part was figuring it out and if any of you
[09:07.660 --> 09:18.780] guys are working on a case nothing is generally it's not just exactly straightforward it never is
[09:18.780 --> 09:24.940] you need to sit down and really look at what's going on and try to sort out what all the issues
[09:24.940 --> 09:30.300] are you know we say on the show that you can never expect to win your case simply because
[09:30.300 --> 09:35.980] you have the law and the facts on your side i was talking to tina coldbrook today about that
[09:35.980 --> 09:41.420] you can expect to win the case if you have the politics on your side and all politics is local
[09:42.220 --> 09:53.020] these judges these magistrates these police officers are they're not bad guys or they're
[09:53.020 --> 10:01.100] doing it wrong yeah but they're not intentionally doing it wrong this was my problem when i first
[10:01.100 --> 10:08.060] looked at the system uh i got out the penal code and read it and did look at what was happening
[10:08.060 --> 10:19.340] and i said what is going on here how can the practice be so dramatically different than the
[10:19.340 --> 10:28.540] code yeah surely i missed something and after 15 more years of digging and scratching it became
[10:28.540 --> 10:39.260] clear on that first read i didn't miss a thing it really did say they must be taken directly to the
[10:39.260 --> 10:47.740] nearest magistrate so i went to people that i knew and trusted and had a lot of respect for
[10:47.740 --> 10:57.180] mark autrey was the primary one he was a police officer for 20 years retired and ran for jp and
[10:57.180 --> 11:06.300] ran for jp and was a jp for 12 years i walked through this with them with him and he said
[11:06.940 --> 11:13.580] mr kelton are you telling me that everything i did for 20 years as a police officer and then
[11:13.580 --> 11:22.540] another 12 years as a jp was wrong what everybody else in texas is doing is wrong and you're right
[11:22.540 --> 11:32.300] it i said don't ask me mark i didn't write the code i just read it here it is it's as clear as
[11:32.300 --> 11:41.420] day oh mr kelton you're missing something he could not imagine that he had been trained
[11:41.980 --> 11:49.340] to do it wrong yeah that was just really elderly judge on monday he didn't imagine that all of
[11:49.340 --> 11:55.420] these lawyers that are doing it differently these days could possibly have deviated that far from
[11:56.300 --> 12:03.660] what he remembered it used to say yeah and that's been the hard part so how do you change this
[12:03.660 --> 12:11.420] how do you fix it you won't fix it going after the judges or the police they are not the problem
[12:11.420 --> 12:22.140] how did it get this way and then you brett showed me 17.024 and the floodlights came on
[12:22.140 --> 12:34.220] holy moly that's exactly how it came about 17.024 directs the office of court administration in
[12:34.220 --> 12:42.220] conjunct in consultation with the texas court of criminal appeals shall develop
[12:43.820 --> 12:51.260] curriculum for the training of magistrates in the setting of bail and other duties
[12:51.260 --> 13:02.780] other duties when i read that holy mackerel there it is black and white black letter law that's how
[13:02.780 --> 13:13.500] it came about yeah they were all trained by the same people they were all trained to do it the same
[13:13.500 --> 13:23.260] way problem the way they were doing it wasn't the right way so how did that happen how did texas
[13:24.140 --> 13:33.820] state university a law school train magistrates and other public officials to do something so
[13:33.820 --> 13:45.580] horrendously wrong did not anyone stand up and say guys this is not what the code says
[13:47.660 --> 13:51.740] didn't anybody do that did no one brief this out
[13:51.740 --> 14:04.460] how we're in a state of 29 million people where is everybody it's hard to imagine that this can
[14:04.460 --> 14:16.620] happen you should be afraid you should be very afraid because this is not some minor adjustment
[14:16.620 --> 14:24.620] or adjustment toward administrative convenience this is a horrible misrepresentation of the code
[14:26.140 --> 14:37.100] what i sued court of criminal appeals for was criminal conspiracy to further a street gang
[14:37.100 --> 14:44.060] like the court of appeals criminal appeals did not develop curricula
[14:44.620 --> 14:48.460] for the training of magistrates in the setting of bail and other duties
[14:49.900 --> 14:57.500] what they did was constructed a criminal conspiracy to deprive the citizens of due course of laws
[14:59.580 --> 15:02.860] brent i couldn't find any other way to label what they did
[15:02.860 --> 15:08.700] it yeah well the legislature did a pretty good job when they codified what that crime is
[15:10.140 --> 15:21.180] yeah all the codes fit perfectly it's like a huge mosaic you take one piece out you alter one piece
[15:22.300 --> 15:28.700] and none of the pieces fit anymore and so when you go back and look at the underlying law
[15:28.700 --> 15:36.940] there is nothing to support what they're doing so how do you fix it well you go after the guys who
[15:36.940 --> 15:48.780] actually did it and thanks to that statute 17.024 it directed the court of criminal appeals and the
[15:48.780 --> 15:54.220] office of court administration to prepare this education and they did
[15:54.220 --> 16:05.340] and they did but the education they prepared was in concert and collusion with current practice
[16:07.740 --> 16:14.700] and in the monel sense while practice may take on the appearance of law it never takes on the force
[16:14.700 --> 16:23.980] of law so they were doing it the way they were taught to do it the way their predecessors did it
[16:23.980 --> 16:30.620] the way everybody did it except this older judge who's been around a while he remembers when they
[16:30.620 --> 16:38.700] did it right that is good to hear i may want to call on this judge bring him up before the
[16:38.700 --> 16:49.580] legislature hang on randy kelton brett fountain rule of law radio our calling number 512-646-1984
[16:49.580 --> 16:54.620] board's open if you have a question comment give us a call we'll be right back
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[19:29.260 --> 19:33.260] they don't have the answer
[19:33.260 --> 19:49.260] goodbye
[19:49.260 --> 20:07.420] okay we are back rendy kelton brett fountain roof low radio and it's talking about the pseudophile
[20:08.540 --> 20:16.460] everything is political and all politics is local so it appears as though they were
[20:16.460 --> 20:23.820] ordered by the legislature to do a certain thing over which they had no discretion
[20:25.660 --> 20:33.740] so that made the training of these magistrates a administrative act
[20:35.900 --> 20:45.900] when a judge orders toilet paper for the courthouse that's not a judicial act for
[20:45.900 --> 20:53.100] which he has immunity so if he orders toilet paper and don't pay for it he doesn't have any
[20:53.100 --> 21:00.060] immunity for that if he hires people and don't pay them or harasses them
[21:01.500 --> 21:06.780] he doesn't have any immunity for that and if he's ordered to do a certain thing
[21:08.620 --> 21:14.860] with no discretion as to whether or not to do it that is not a judicial act that is an
[21:14.860 --> 21:23.980] administrative act and for that part of his normal duties yeah it's part of his in this case
[21:23.980 --> 21:32.620] statutory duties like ensuring that a person who is arrested is brought to record to the nearest
[21:32.620 --> 21:43.500] magistrate that is statutory it is not something over which the officer has discretion actually it
[21:43.500 --> 21:50.860] is if he can't get to a magistrate and shows due diligence as to why he didn't get to a magistrate
[21:51.580 --> 22:00.380] then he can have some protection but normally when it's an administrative act you have no
[22:00.380 --> 22:08.300] immunity so i sued all of the highest judges in texas accusing them not of training magistrates
[22:08.300 --> 22:15.260] but of conspiring with magistrates to operate an ongoing criminal enterprise
[22:17.020 --> 22:24.940] now what do you think is going to happen when the Sharon Keller the presiding judge of the court of
[22:24.940 --> 22:31.340] criminal appeals gets served with a 500 million dollar lawsuit naming her personally for 10
[22:31.340 --> 22:44.380] million dollars can you say smelling salts i hope this really causes some anal restriction
[22:45.420 --> 22:51.580] but one thing regardless of what happens to my suit once they get served with this
[22:52.700 --> 22:58.380] and with the brief that goes with it that walks through the code step by step
[22:58.380 --> 23:05.580] step next year there's a very good chance that the training will be different
[23:08.380 --> 23:15.100] 50 years almost 50 years 40 something years and you know when we started who would have thought
[23:16.540 --> 23:21.820] that just an ordinary person could sort out this problem and find a way to fix it
[23:21.820 --> 23:29.020] i didn't really think i could uh it was just a conundrum and i found this problem and it was a
[23:29.020 --> 23:37.820] conundrum and uh engineers like conundrums it was a challenge but i think everybody should look at
[23:37.820 --> 23:45.740] this the fix is so simple just read the code
[23:45.740 --> 23:54.060] just read the code and then ask them to follow the code and when they don't follow the code look
[23:54.060 --> 23:59.500] for the remedy and always you want to look for the remedy that's personal and individual
[24:00.140 --> 24:11.020] so whether the these judges have to pay anything i don't care but i suspect when we see them
[24:11.020 --> 24:18.700] when we see them personally they will take a step back look at the codes and in order to avoid this
[24:18.700 --> 24:27.660] problem fix it next year and this problem goes away and it could well go away
[24:29.020 --> 24:36.540] in a manner that almost nobody knows i had anything to do with it i mean a few of you folks do
[24:36.540 --> 24:41.660] because you've heard this heard me on the radio but in the overall scheme of things
[24:43.340 --> 24:50.140] wouldn't that be cool how much more powerful would that be now most everybody who listens
[24:51.020 --> 24:55.260] pretty well knows that i'm not particularly religious but i do consider the bible
[24:55.260 --> 25:05.660] as a book of cultural wisdom and i find a great power in that passage that says therefore when
[25:05.660 --> 25:11.660] thou doest thine alms be not like the scribes and Pharisees who pray in the streets and synagogues
[25:11.660 --> 25:18.700] to have glory of men for verily i say unto you they have their reward to be able to get this done
[25:18.700 --> 25:29.100] i didn't have almost nobody know brett won't that be cool sure will very rewarding
[25:31.900 --> 25:35.580] oh yeah by the way i'm not saying everybody who's listening is nobody
[25:36.700 --> 25:45.580] well a couple of them are but no he's in jail that one okay just kidding uh probably time we
[25:45.580 --> 25:52.300] went to our cars i think i've probably got everybody bored stiff let's go to chris in
[25:52.300 --> 26:02.460] colorado chris there you go what are you up to today hey guys well i wanted to give a hopefully
[26:02.460 --> 26:09.340] just a quick update um had an interesting experience with the federal court this past week
[26:09.340 --> 26:19.900] and discovery um so turns out in federal court that discovery is a serious matter and they cannot
[26:19.900 --> 26:29.340] ignore it um so the day before our status hearing i just feel her out to to see what they were doing
[26:29.340 --> 26:35.260] and they they acknowledged that they received it but that they needed more time and so the
[26:35.260 --> 26:42.060] next day we went before the magistrate judge and she asked the fence to go first to give her an
[26:42.060 --> 26:53.340] update the fence went in and tried to blame it on me what it was it was funny i was nervous
[26:53.340 --> 26:59.420] and then it ended up being pretty hilarious because she went into this long explanation about how i
[26:59.420 --> 27:05.980] put up said nothing and put up no objection or anything like that and the judge said said wait
[27:07.020 --> 27:14.380] you didn't talk to the plaintiff and let him know that you needed more time and they went on with
[27:14.380 --> 27:19.580] another explanation and she said you just assumed because he was a pro se that you could just ignore
[27:19.580 --> 27:28.300] it and then blame it on him is that what you're trying to say the judge totally called her out
[27:28.300 --> 27:34.860] called her out and then stuck it on the record as well that they ignored and went past the deadline
[27:34.860 --> 27:44.220] and then um basically what was it what was the wordage they violated the federal rules of uh
[27:44.220 --> 27:54.540] procedure so did he did he offer did he prefer sanctions no i don't know if she had the power
[27:54.540 --> 28:00.700] to do that but she just said i'm frustrated and then i then she asked me to speak and i just said
[28:00.700 --> 28:06.540] well your honor um because of this i won't have time to parse through the discovery in time to
[28:06.540 --> 28:12.700] determine what my depositions are going to be and i'm going to ask for 60 more days and she was
[28:12.700 --> 28:18.140] because we've already had like seven eight months for discovery six months for discovery she says
[28:18.140 --> 28:25.340] you're getting almost a year for a simple case wow and then she also said your car was towed
[28:25.340 --> 28:30.780] this is a simple case and i said your honor may i speak she said just a second then she said okay
[28:30.780 --> 28:34.860] go ahead and speak i said i need to make on record the point that this is a case about fraud
[28:35.660 --> 28:42.140] this is the time was was you know superficial basically that this is a case about fraud and
[28:42.140 --> 28:46.300] then she was all frustrated again she's okay well then they lied about the tow she said that's not
[28:46.300 --> 28:52.540] my jurisdiction i'm just the magistrate judge she ripped the fence the new one that's great
[28:53.340 --> 29:01.980] um and put it on the record so i just wanted to i wanted to point out the general court they cannot
[29:01.980 --> 29:07.900] we cannot discover because eventually if it gets before the judge even though we're doing this
[29:07.900 --> 29:13.900] behind like we don't have to we don't have to file the discovery papers or the motions this is all
[29:13.900 --> 29:18.460] behind the scenes we just have to keep a record that we've emailed them but if the court finds out
[29:18.460 --> 29:23.580] that's a violation of the federal rules so wait say that again if the court finds out what
[29:24.940 --> 29:30.860] so in the federal civil procedure i'm hearing that some kind of it might be a heavy breathing
[29:30.860 --> 29:33.980] kind of sound there is it in the background
[29:33.980 --> 29:39.340] okay
[29:39.340 --> 29:45.180] that's not me well your fate you're you're fading in and out we're getting half a sentence then it
[29:45.180 --> 29:52.300] fades down and then it comes back up hang on randy calton brett fountain and ruda lorenio
[29:52.940 --> 29:54.140] but we're gonna be right back
[29:54.140 --> 29:58.140] back
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[33:35.020 --> 33:37.020] when you're gonna stop abuse
[33:37.020 --> 33:48.020] Your power, when you gonna stop abuse Your power, when you gonna stop abuse
[33:48.020 --> 33:56.020] Your power, when you gonna stop abuse Your power
[33:56.020 --> 34:02.020] So please Mr. Macklin, teach officers not to abuse their power
[34:02.020 --> 34:07.020] Send a request to the leader, the captain of all officers
[34:07.020 --> 34:12.020] Tell them to uphold the law and please don't abuse their power
[34:12.020 --> 34:18.020] They beat and they beat and they cheat and they cheat and they lie every hour
[34:18.020 --> 34:23.020] So Mr. Officer, please stop abusing your power
[34:23.020 --> 34:29.020] You pull me over and tell me to be silent, sir
[34:29.020 --> 34:35.020] I need to speak to my lawyer, Mr. Officer
[34:35.020 --> 34:40.020] You acting like you're no judge, finding me guilty sir
[34:40.020 --> 34:46.020] So when you gonna stop abuse your power
[34:46.020 --> 34:50.020] When you gonna stop abuse your power
[34:50.020 --> 35:04.020] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio on this the 13th day of April 2023
[35:04.020 --> 35:13.020] And we're talking to Chris in Colorado. Okay Chris, go ahead. I think the problem was me, but we very conveniently blamed it on you
[35:13.020 --> 35:24.020] So you were telling us that the judge ripped the defense attorneys a new one
[35:24.020 --> 35:35.020] Yeah, she didn't like that they were trying to take advantage of me and thank God she finally called them out on it
[35:35.020 --> 35:45.020] And she granted me 60 days and defense objected. I told them I wanted extra time and in an email they said, we'll allow you two more weeks
[35:45.020 --> 35:52.020] So their strategy, what they were trying to do was stretch out the discovery until the deadline
[35:52.020 --> 35:59.020] And then I would have no time to go through the material and ask for extra stuff. That was their strategy
[35:59.020 --> 36:06.020] Did you bar grieve these attorneys?
[36:06.020 --> 36:12.020] I just got the forms today. It's in the works for sure. Good
[36:12.020 --> 36:21.020] And this one's legit. This is a legitimate bar grievance. I've actually got the Federal Rules of Procedure sitting right in front of me
[36:21.020 --> 36:34.020] Rule 33B2, time to respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories
[36:34.020 --> 36:41.020] A shorter or longer term may be stipulated to under Rule 29 or be ordered by the court
[36:41.020 --> 36:50.020] So they just ignored it and then acted like I would be the one that didn't know how to hold them accountable
[36:50.020 --> 36:57.020] So the judge held them accountable and gave me more time. So now I've got almost another three months to do everything
[36:57.020 --> 37:02.020] And I get to bar grieve them. We'll see how that ends up
[37:02.020 --> 37:08.020] I'm not only going to bar grieve these two, I'm going to bar grieve the heads of the firm
[37:08.020 --> 37:19.020] You might consider filing a motion for sanction with the court, not with this magistrate
[37:19.020 --> 37:28.020] I might. I might. That's probably more I can handle at the moment, but I might
[37:28.020 --> 37:35.020] They're going to mess up some more in the future. What do you think? They're going to keep doing this type
[37:35.020 --> 37:40.020] Lawyers seem to have a skill in that regard
[37:40.020 --> 37:45.020] Well, they might be kind of on their toes right now since they've just had a button cut off their shirt
[37:45.020 --> 37:52.020] They might try to at least show the appearance of treating you well and doing everything right
[37:52.020 --> 37:56.020] Well, this isn't the first time. The first one time they lied to the judge
[37:56.020 --> 38:00.020] They said that they didn't get a document because the clerk forgot to file it into the document
[38:00.020 --> 38:05.020] Even though they gave me a receipt that they received it, they tried to blame that on me
[38:05.020 --> 38:13.020] And the court didn't catch them that time, so straight up lied to the judge
[38:13.020 --> 38:20.020] One time they made a mistake, so in interrogatory as a discovery, you're not supposed to file it with the court
[38:20.020 --> 38:23.020] You're not supposed to file your interrogatories
[38:23.020 --> 38:28.020] They leave it to the parties on good faith that they're exchanging it behind the scenes
[38:28.020 --> 38:31.020] And then a status hearing is expected next year
[38:31.020 --> 38:38.020] They filed it with the court, so I got that note
[38:38.020 --> 38:44.020] Hold on a second. Let me explain this to everyone who doesn't understand what just happened
[38:44.020 --> 38:51.020] A discovery is something that is supposed to go on between the parties
[38:51.020 --> 38:55.020] So each party gives the other side discovery
[38:55.020 --> 39:00.020] And then if one side doesn't want to release something
[39:00.020 --> 39:06.020] Then they go to the court and ask the court to allow them not to produce something
[39:06.020 --> 39:09.020] But it's the idea that these two do it between themselves
[39:09.020 --> 39:14.020] And not involve the court unless they need a court ruling
[39:14.020 --> 39:21.020] And here it looks like they wanted discovery from the court instead of the plaintiff
[39:21.020 --> 39:25.020] Did the court give them their discovery?
[39:25.020 --> 39:32.020] No, well the court, what they were supposed to give to me, they gave to the court and to me
[39:32.020 --> 39:40.020] And then I simply asked the court, the clerk of the court, I said you know since my first time
[39:40.020 --> 39:43.020] Was that correct? Do I need to file this with you?
[39:43.020 --> 39:49.020] And then they did a, what do you call it, so there's no
[39:49.020 --> 39:54.020] You can't talk to one party without talking to both, I forget what that's called
[39:54.020 --> 39:58.020] Ex parte communication
[39:58.020 --> 40:03.020] Ex parte, right, right
[40:03.020 --> 40:05.020] Uh oh, a gag order?
[40:05.020 --> 40:08.020] No, no, ex parte, ex parte
[40:08.020 --> 40:13.020] One of the judges is really big, one of the judges clerks is really big on no ex parte communication
[40:13.020 --> 40:16.020] But the other, the main judge, she's not so particular about it
[40:16.020 --> 40:22.020] But anyway, so they got back, the magistrate clerk got back to us and just said that
[40:22.020 --> 40:26.020] Yeah, we don't need to file it with the court, this is between the parties
[40:26.020 --> 40:29.020] And right after that, they were a little bit more on their toes
[40:29.020 --> 40:32.020] But not enough to not try to screw me again, which they just did
[40:32.020 --> 40:34.020] And got caught for doing it
[40:34.020 --> 40:36.020] Excellent
[40:36.020 --> 40:40.020] Yeah, I don't trust them at all, Brett, and at this point I have no reason to give them any respect
[40:40.020 --> 40:44.020] Because this is the third time, and this is a big one in my book
[40:44.020 --> 40:51.020] So they're just going to get bar grieved a lot from here on out
[40:51.020 --> 40:53.020] Well deserved
[40:53.020 --> 40:57.020] Yeah, I'm not going to stop
[40:57.020 --> 41:01.020] They're just arrogant, and that's the thing is that I don't know where they learned this lingo
[41:01.020 --> 41:07.020] It's like getting on a phone call with this new, how they outsource everything for your PayPal
[41:07.020 --> 41:13.020] And your phone, everything, we're talking to people from other parts of the world
[41:13.020 --> 41:19.020] And no disrespect, it's just that they talk and they talk and they talk like three sentences for one sentence
[41:19.020 --> 41:25.020] And that's kind of what this lawyer was doing, she just kept trying to talk over her way through the situation
[41:25.020 --> 41:31.020] And create this whole paragraph of explanation when all she needed to say is, oops, I screwed up, sorry
[41:31.020 --> 41:35.020] Or the judge called her out because she didn't respond to that
[41:35.020 --> 41:40.020] You tried to take advantage of a pro se and try to blame it on him, she had nothing to say
[41:40.020 --> 41:43.020] So yeah, it was pretty cool, it was pretty sweet to have that
[41:43.020 --> 41:47.020] And then to get it actually written on the docket, that was even better
[41:47.020 --> 41:54.020] So I just wanted to share that, that was kind of a fun experience
[41:54.020 --> 42:00.020] To see that it's not all doom and gloom, it's pretty intimidating sometimes
[42:00.020 --> 42:08.020] But the judges will hold some people accountable, especially these lawyers who come in there
[42:08.020 --> 42:12.020] And think they're all above everybody, especially pro ses
[42:12.020 --> 42:17.020] And it's kind of refreshing to see, it doesn't mean that we can't be on our toes
[42:17.020 --> 42:23.020] I definitely got to be on my toes, but so far I haven't been slapped very hard just that one time
[42:23.020 --> 42:27.020] And that wasn't even that big of a deal, because I missed the status hearing
[42:27.020 --> 42:33.020] I totally wrote the wrong date down, you know, but we're still going
[42:33.020 --> 42:36.020] So I think that's the, what do they call that?
[42:36.020 --> 42:45.020] Good news, and it's good to hear this, I've been telling people that the federal courts are different
[42:45.020 --> 42:53.020] That they're not as arrogant and disrespectful to you as you find in the lower, in the state courts
[42:53.020 --> 43:03.020] And especially the lower courts, most people's only experience with the court is in traffic
[43:03.020 --> 43:09.020] And those are absolutely the worst, the scum of the earth
[43:09.020 --> 43:17.020] You get up into the higher courts and it's more civil and it's more professional
[43:17.020 --> 43:24.020] Except lawyers are still lawyers and they're chumps, it seems, no matter where you find them
[43:24.020 --> 43:27.020] Okay, do you have anything else for us, Chris?
[43:27.020 --> 43:30.020] That's it, I have another question, but I know we're on the short time tonight
[43:30.020 --> 43:33.020] So I'll call you guys another night, thank you very much
[43:33.020 --> 43:40.020] Okay, thank you Chris, this is Randy Kelton, Brett Fountain, we love our radio
[43:40.020 --> 43:49.020] Let's see, calling number is 512-646-1984, we'll have one space free up on the board
[43:49.020 --> 43:54.020] Okay, we've got one extra space, you have a question or comment, give us a call
[43:54.020 --> 43:59.020] Yeah, we have a first time caller on the line, hold on, we'll be right back
[43:59.020 --> 44:04.020] I love logos, without the shows on this network I'd be almost as ignorant as my friends
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[44:56.020 --> 44:58.020] We are welcome
[44:58.020 --> 45:27.020] Happy Holidays Logos
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[46:22.020 --> 46:32.020] Okay, we are back
[46:32.020 --> 46:40.020] Randy Kelton, Brett Fountain, Rule of Law Radio, and we have a first time caller from California
[46:40.020 --> 46:41.020] I think
[46:41.020 --> 46:43.020] No, that's wireless caller
[46:43.020 --> 46:50.020] If you are in the 432 area code, give us a first name and a state
[46:50.020 --> 46:57.020] It is Jeff, and I'm actually Jeff from Mississippi, I'm just working out in Odessa right now
[46:57.020 --> 47:02.020] Jack from Mississippi, I think I've recognized that voice
[47:02.020 --> 47:03.020] Jeff
[47:03.020 --> 47:06.020] Yeah, it's actually Jeff from Mississippi
[47:06.020 --> 47:11.020] Jeff, okay, I definitely recognize that voice
[47:11.020 --> 47:12.020] Hello Jeff
[47:12.020 --> 47:13.020] Okay
[47:13.020 --> 47:14.020] Where have you been?
[47:14.020 --> 47:21.020] Well, I got a job, I'm out here working in Mississippi, or I'm sorry, I'm working in West Texas
[47:21.020 --> 47:24.020] That's at 432 area code
[47:24.020 --> 47:30.020] And I got a question for you
[47:30.020 --> 47:33.020] I missed that last part
[47:33.020 --> 47:34.020] Oh, okay
[47:34.020 --> 47:36.020] He says he's got a question
[47:36.020 --> 47:37.020] Okay
[47:37.020 --> 47:39.020] Got a simple question for you
[47:39.020 --> 47:42.020] Question away
[47:42.020 --> 47:47.020] Okay, I am going to small claims court
[47:47.020 --> 47:50.020] I kind of want to investigate this avenue
[47:50.020 --> 47:55.020] I had an employer that stole about six vacation days from me
[47:55.020 --> 48:03.020] And that in itself is not that big of a deal, but it's a chance for me to exercise in small claims court
[48:03.020 --> 48:08.020] So I went ahead and sued my boss at this office
[48:08.020 --> 48:14.020] And his attorney responded when I put my small claims complaint in
[48:14.020 --> 48:24.020] The attorney responded with this is the wrong person, you need to go after the actual owner of the company
[48:24.020 --> 48:30.020] And I disagreed because my boss is the one that swindled me out of the days, not the owner of the company
[48:30.020 --> 48:34.020] Just wanted your feedback on that
[48:34.020 --> 48:37.020] I think you're right
[48:37.020 --> 48:46.020] If the boss, the boss is simply respond yet superior
[48:46.020 --> 48:52.020] Now you can sue him, but I don't know of anything that says you have to
[48:52.020 --> 48:55.020] You mean the owner?
[48:55.020 --> 48:57.020] I'm sorry, yeah
[48:57.020 --> 49:04.020] The owner, you're suing the boss and they want you to sue the boss's boss
[49:04.020 --> 49:09.020] Well, let him file a subject matter jurisdiction challenge
[49:09.020 --> 49:17.020] If he thinks it's the wrong person and claim that you don't have standing to sue this guy
[49:17.020 --> 49:22.020] And that will give me permission to go after the big fish, right?
[49:22.020 --> 49:24.020] Yeah, absolutely
[49:24.020 --> 49:27.020] For you, that's no lose
[49:27.020 --> 49:32.020] The little fish throws the big fish under the bus
[49:32.020 --> 49:35.020] That'll work
[49:35.020 --> 49:42.020] Do they need to file that motion before the hearing date?
[49:42.020 --> 49:46.020] Absolutely
[49:46.020 --> 49:49.020] But it's their problem
[49:49.020 --> 49:56.020] It's included in their response, the response is that the supervisor is not responsible because
[49:56.020 --> 50:01.020] He's not the owner of the company, so they didn't say go after the owner of the company
[50:01.020 --> 50:08.020] They just said that basically your supervisor is just a cog in the wheel
[50:08.020 --> 50:10.020] Wait a minute, wait a minute
[50:10.020 --> 50:12.020] This is small claims
[50:12.020 --> 50:13.020] Yes
[50:13.020 --> 50:18.020] What are they doing with the lawyer in small claims?
[50:18.020 --> 50:22.020] He didn't want to take me on by himself
[50:22.020 --> 50:28.020] No, no, no, normally lawyers aren't allowed
[50:28.020 --> 50:34.020] That's an interesting point
[50:34.020 --> 50:41.020] This is not intended to be a place where lawyers do their shyster shuffling
[50:41.020 --> 50:46.020] This is just people coming in, doing their deal
[50:46.020 --> 50:53.020] However, if it's an LLC or it's a fictional entity, then they have to have a lawyer
[50:53.020 --> 50:58.020] Maybe there's somehow a presumption
[50:58.020 --> 51:01.020] Exactly, maybe they're presuming that it is a suit
[51:01.020 --> 51:03.020] He didn't sue it fictionally
[51:03.020 --> 51:06.020] He sued a human being
[51:06.020 --> 51:12.020] Maybe there's a lawyer that wants to be involved and so he's saying that they're suing the company
[51:12.020 --> 51:14.020] See what I mean?
[51:14.020 --> 51:31.020] For those of you who don't know what's going on here, if you are a legal fiction, a corporation, an LLC, then you have to be represented by a lawyer
[51:31.020 --> 51:39.020] You can't say if you own a corporation, you can't come in and represent the corporation, you have to have a lawyer do it
[51:39.020 --> 51:47.020] But in this case, Jeff, did you sue the corporation or did you sue the individual?
[51:47.020 --> 51:49.020] I sued that individual
[51:49.020 --> 51:56.020] I claimed that he masqueraded my time sheet to steal my vacation days
[51:56.020 --> 52:01.020] Okay, you did not sue the company
[52:01.020 --> 52:11.020] So tell that lawyer, you should bar grieve the lawyer and file against him for malpractice
[52:11.020 --> 52:13.020] Okay
[52:13.020 --> 52:21.020] What is he doing talking to you? This is Brett's area. Brett, tell him how to handle this lawyer
[52:21.020 --> 52:24.020] Let's go for it
[52:24.020 --> 52:34.020] Well, he's talking about when a lawyer reaches out to me and I didn't have any reason to talk to him, I just tell him to go away
[52:34.020 --> 52:40.020] Who are you? Never mind, don't tell me, I don't care, go away, you're bothering me
[52:40.020 --> 52:55.020] Of course, they invariably want to come back and reassert how very important they are, at which point you get to call them out for harassment
[52:55.020 --> 53:00.020] Because they won't leave you alone. You told them to quit bothering you and they keep on doing it
[53:00.020 --> 53:06.020] He personally didn't reach out to me, this was in his answer
[53:06.020 --> 53:14.020] He didn't reach out to you, he did personally reach out to you in his answer
[53:14.020 --> 53:23.020] You didn't sue him, is he the lawyer for the person you sued or is he the lawyer for the corporation?
[53:23.020 --> 53:28.020] That I don't know, but I'm guessing it's for the person I sued
[53:28.020 --> 53:36.020] Don't, never guess, make him tell you exactly who he is
[53:36.020 --> 53:39.020] Oh, okay
[53:39.020 --> 53:49.020] This is what Brett does, who the heck are you, what are you doing interfering with my suit and small claims?
[53:49.020 --> 53:55.020] Somebody else hired you to give legal advice, go give it to them, not me
[53:55.020 --> 54:05.020] Okay, so in his answer, yes, he did claim that the individual was not responsible, it was someone that hired up the food chain in the company
[54:05.020 --> 54:07.020] They didn't name him, they just told me
[54:07.020 --> 54:12.020] How did he, wait a minute, how did he claim that?
[54:12.020 --> 54:16.020] I don't have that paperwork in front of me
[54:16.020 --> 54:25.020] What I'm asking is, did he just say that or did he cite case law to support that?
[54:25.020 --> 54:30.020] No, he did not cite case law, but I do remember that his answer was a general denial
[54:30.020 --> 54:43.020] Defendant claims general denial for plaintiff's actions because defendant is not the head of the company or higher up, therefore it makes him unresponsive
[54:43.020 --> 54:55.020] You need to file a response saying, I don't know what this guy's talking about, I didn't sue a company, I sued an individual
[54:55.020 --> 55:03.020] If he's billing a company, he's doing some kind of fomenting litigation that I'm not part of
[55:03.020 --> 55:07.020] Exactly, that's exactly what I was thinking
[55:07.020 --> 55:23.020] This is churning, he is creating billable hours in a place where he has no business being
[55:23.020 --> 55:33.020] He apparently is representing the company, but the company is not before the court
[55:33.020 --> 55:37.020] The company is not being sued
[55:37.020 --> 55:41.020] Okay, so move to strike his answer
[55:41.020 --> 55:44.020] Yes, and move for sanctions against him
[55:44.020 --> 55:45.020] And file sanctions
[55:45.020 --> 55:49.020] And make sure you bargrieve him and his whole firm
[55:49.020 --> 55:57.020] Alright, do I want to personally email him and say who do you represent or just keep that quiet?
[55:57.020 --> 56:11.020] No, you email him and tell him, I don't know who you are, you seem to be representing some company, I did not sue any company, don't contact me anymore
[56:11.020 --> 56:15.020] What you're doing is harassment, so get lost
[56:15.020 --> 56:22.020] Okay, alright Randy, well I'll let you guys move on to the next caller, I sure appreciate it
[56:22.020 --> 56:25.020] Okay, thank you Jeff
[56:25.020 --> 56:30.020] And don't be such a stranger
[56:30.020 --> 56:35.020] Okay, now we're going to go to
[56:35.020 --> 56:39.020] Let's see, this other one looks like a first caller, a time caller as well
[56:39.020 --> 56:47.020] We're going to go to, it looks like Gary in the 661 area code
[56:47.020 --> 56:51.020] If you are in the 661 area code
[56:51.020 --> 57:00.020] Make sure we have a name where I can give us a state
[57:00.020 --> 57:04.020] Hello 661
[57:04.020 --> 57:07.020] Hello Randy
[57:07.020 --> 57:10.020] Yes
[57:10.020 --> 57:14.020] I'm not in the 661
[57:14.020 --> 57:22.020] Oh okay, well you're showing up that way, I certainly recognize this voice, what are you up to?
[57:22.020 --> 57:27.020] It says underneath the thing, I'm the grass police
[57:27.020 --> 57:38.020] I know who you are, I remember I was going to ask you to resend me your ruling, somebody asked me for it last week and I couldn't find it
[57:38.020 --> 57:50.020] Oh, they did that guy Jeff in South Carolina, they grabbed him for high squeeze and grass and stuff like that, yeah
[57:50.020 --> 57:55.020] I remember hearing about it, I'm a part of it
[57:55.020 --> 58:00.020] Resend me that ruling so I can send it to him
[58:00.020 --> 58:05.020] Hang on, we're about to go to our sponsors, Randy Kelton and Brett Fountain
[58:05.020 --> 58:09.020] Oh no, go ahead, we've got 40 seconds
[58:09.020 --> 58:19.020] Well listen, if he calls me again and he cuts you in grass and finds the car hidden in there, he might be a redneck, you ever hear that?
[58:19.020 --> 58:28.020] No, that's only if he finds his sofa in the front yard
[58:28.020 --> 58:30.020] Alright
[58:30.020 --> 58:39.020] I have a friend I gave a coin or two and came by and found it out in the front yard and accused him of being a redneck
[58:39.020 --> 58:45.020] Hang on, Randy Kelton and Brett Fountain, we'll be right back
[58:50.020 --> 58:58.020] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it
[58:58.020 --> 59:06.020] Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture
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[59:09.020 --> 59:18.020] First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes
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[59:43.020 --> 59:47.020] Or by ordering online at freestudybible.com
[59:47.020 --> 01:00:00.020] That's freestudybible.com
[01:00:00.020 --> 01:00:05.020] The Bill of Rights contains the first ten amendments of our Constitution
[01:00:05.020 --> 01:00:09.020] They guarantee the specific freedoms Americans should know and protect
[01:00:09.020 --> 01:00:10.020] Our liberty depends on it
[01:00:10.020 --> 01:00:17.020] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights
[01:00:40.020 --> 01:00:49.020] Most people think of seven as a more civilized number than six
[01:00:49.020 --> 01:00:54.020] Think of how the number six is implicated in evil as in the biblical 666
[01:00:54.020 --> 01:00:58.020] So it would fit right in that the seventh amendment would be about civil trials
[01:00:58.020 --> 01:01:00.020] Civil seven, civil trials, get it?
[01:01:00.020 --> 01:01:07.020] Civil trials are ones where people sue instead of beating each other up over a dispute like the dividing line between properties
[01:01:07.020 --> 01:01:12.020] They take their dispute to a courthouse and settle matters civilly without the fisticuffs
[01:01:12.020 --> 01:01:17.020] The seventh amendment guarantees that Americans have the right to a jury in certain civil matters
[01:01:17.020 --> 01:01:20.020] Instead of having a lone judge rule on the case
[01:01:20.020 --> 01:01:32.020] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:01:32.020 --> 01:01:36.020] The Bill of Rights contains the first ten amendments of our Constitution
[01:01:36.020 --> 01:01:39.020] They guarantee the specific freedoms Americans should know and protect
[01:01:39.020 --> 01:01:41.020] Our liberty depends on it
[01:01:41.020 --> 01:01:47.020] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights
[01:01:47.020 --> 01:01:49.020] Privacy is under attack
[01:01:49.020 --> 01:01:53.020] When you give up data about yourself, you'll never get it back again
[01:01:53.020 --> 01:01:58.020] And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:01:58.020 --> 01:02:03.020] So protect your rights, say no to surveillance and keep your information to yourself
[01:02:03.020 --> 01:02:05.020] Privacy, it's worth hanging on to
[01:02:05.020 --> 01:02:09.020] This public service announcement is brought to you by Startpage.com
[01:02:09.020 --> 01:02:13.020] The private search engine alternative to Google, Yahoo, and Bing
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[01:02:16.020 --> 01:02:22.020] Remember the scene in George Orwell's novel, 1984, when Winston is threatened with his worst fear?
[01:02:22.020 --> 01:02:26.020] That fear was having a cage of hungry rats unleashed on his face
[01:02:26.020 --> 01:02:30.020] But what if his worst fear was spiders? Eight-legged spiders, to be exact
[01:02:30.020 --> 01:02:33.020] Getting a face full of spiders would be pretty cruel and unusual
[01:02:33.020 --> 01:02:37.020] That image of eight-legged spiders will help you remember the Eighth Amendment
[01:02:37.020 --> 01:02:44.020] Our founding fathers added the Eighth Amendment to the U.S. Constitution to protect us from creepy-crawly eight-legged punishments
[01:02:44.020 --> 01:02:48.020] And other cruel and unusual prison practices that were common in their day
[01:02:48.020 --> 01:02:54.020] The Eighth Amendment also prohibits the government from requiring excessive bail and charging excessive fines
[01:02:54.020 --> 01:03:03.020] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com
[01:03:24.020 --> 01:03:52.020] OK, we are back
[01:03:52.020 --> 01:03:56.020] We're in DeKalton, the Robert Fountain, We Love Radio
[01:03:56.020 --> 01:04:01.020] And we're talking to Jerry in Pennsylvania
[01:04:01.020 --> 01:04:07.020] On my board here it says Gary Pensey
[01:04:07.020 --> 01:04:10.020] So I think, Brett, you know how to fix that?
[01:04:10.020 --> 01:04:12.020] Yeah, on it
[01:04:12.020 --> 01:04:15.020] OK, OK, let me add it
[01:04:15.020 --> 01:04:19.020] OK, there you go. OK, Jerry, you there?
[01:04:19.020 --> 01:04:26.020] Yeah, that's PO Box One, Boyd, Texas, right?
[01:04:26.020 --> 01:04:28.020] Right
[01:04:28.020 --> 01:04:33.020] Yeah, you know, there's a moral to that
[01:04:33.020 --> 01:04:39.020] And the moral is, never make a date with your girlfriend
[01:04:39.020 --> 01:04:42.020] If your wife can be listening on the extension
[01:04:42.020 --> 01:04:45.020] And you live in a mobile home
[01:04:45.020 --> 01:04:49.020] Because she might come home to a slab and three suitcases
[01:04:49.020 --> 01:04:53.020] Now, Beachy didn't find that near as funny as I did
[01:04:53.020 --> 01:05:00.020] But he gave me his PO Box when he left town
[01:05:00.020 --> 01:05:04.020] OK, did you have something else for us, Gary?
[01:05:04.020 --> 01:05:09.020] Oh, yeah, I filed on a public official here
[01:05:09.020 --> 01:05:15.020] And in the U.S. court and they sent it back
[01:05:15.020 --> 01:05:22.020] And I sued them personally, you know, a public official
[01:05:22.020 --> 01:05:28.020] And they sent me back a copy of an order
[01:05:28.020 --> 01:05:33.020] That they sent to me about another public official
[01:05:33.020 --> 01:05:35.020] Some time back
[01:05:35.020 --> 01:05:41.020] And what they're trying to tell me here is that
[01:05:41.020 --> 01:05:50.020] I'm abusing the system for filing a parallel or the same
[01:05:50.020 --> 01:05:56.020] Against another public official on the same premises
[01:05:56.020 --> 01:06:02.020] Do you want me to read the what they say here and the footnote?
[01:06:02.020 --> 01:06:05.020] Yes
[01:06:05.020 --> 01:06:08.020] When a district court is confronted with a pattern of conduct
[01:06:08.020 --> 01:06:12.020] From which it can only conclude that a litigant is
[01:06:12.020 --> 01:06:15.020] Intentionally abused a judicial process
[01:06:15.020 --> 01:06:18.020] Will continue to do so, so unless restrained
[01:06:18.020 --> 01:06:22.020] The court is entitled to resort to this power of jurisdiction
[01:06:22.020 --> 01:06:27.020] And consent to protect its process
[01:06:27.020 --> 01:06:29.020] Nick is the case
[01:06:29.020 --> 01:06:35.020] The All Rich Act, 28 U.S.A., 1651
[01:06:35.020 --> 01:06:38.020] I read that, that'd be a nice example
[01:06:38.020 --> 01:06:42.020] Provides a district court with ability and joint
[01:06:42.020 --> 01:06:49.020] Abuse, groundless, vaccine-less litigants
[01:06:49.020 --> 01:06:53.020] That gives another case
[01:06:53.020 --> 01:06:56.020] The third court has held that district courts must comply
[01:06:56.020 --> 01:06:59.020] With the following requirements when issued
[01:06:59.020 --> 01:07:04.020] Prohibitive injunction orders against pro se litigants
[01:07:04.020 --> 01:07:07.020] Sounds personal to me
[01:07:07.020 --> 01:07:09.020] That sounds unconstitutional
[01:07:09.020 --> 01:07:15.020] Brett, isn't this an issue you took on?
[01:07:15.020 --> 01:07:18.020] Which issue?
[01:07:18.020 --> 01:07:23.020] Where they're applying this only to pro se litigants
[01:07:23.020 --> 01:07:25.020] Yeah, I did take that on
[01:07:25.020 --> 01:07:31.020] I made a Bivens suit out of that
[01:07:31.020 --> 01:07:33.020] Wait a second, I made a Bivens suit out of it
[01:07:33.020 --> 01:07:36.020] But I also made a motion out of it
[01:07:36.020 --> 01:07:41.020] And, yeah, yeah, I can share both of those with you
[01:07:41.020 --> 01:07:48.020] If I haven't already
[01:07:48.020 --> 01:07:49.020] Hello?
[01:07:49.020 --> 01:07:52.020] Yeah, what do you think I should do with it?
[01:07:52.020 --> 01:07:54.020] Refile it?
[01:07:54.020 --> 01:07:59.020] Well, okay, you sued two public officials
[01:07:59.020 --> 01:08:03.020] For doing the same thing
[01:08:03.020 --> 01:08:10.020] Do these two suits arise out of the same incident?
[01:08:10.020 --> 01:08:16.020] Somewhat, the incident was that they grabbed me
[01:08:16.020 --> 01:08:19.020] Took me in front of the JP
[01:08:19.020 --> 01:08:21.020] Then they took me to jail
[01:08:21.020 --> 01:08:22.020] While I was in jail
[01:08:22.020 --> 01:08:26.020] I sued the jail because I didn't get any medical attention
[01:08:26.020 --> 01:08:30.020] And the lawsuits for the jail, this is what's in it
[01:08:30.020 --> 01:08:32.020] This here footnote
[01:08:32.020 --> 01:08:37.020] Saying that I'm filing duplicate lawsuits
[01:08:37.020 --> 01:08:39.020] Now, here's the thing
[01:08:39.020 --> 01:08:46.020] I think that this judge might refer to what happened with another public official
[01:08:46.020 --> 01:08:49.020] Here's what happened with the first initial public official
[01:08:49.020 --> 01:08:52.020] They came here and gave me a bunch of tickets, right?
[01:08:52.020 --> 01:08:54.020] Okay, then we all went to court
[01:08:54.020 --> 01:08:56.020] When we went to court
[01:08:56.020 --> 01:08:59.020] I was supposed to clean the place up, sweep it up, whatever
[01:08:59.020 --> 01:09:01.020] Make it look immaculate, whatever, okay?
[01:09:01.020 --> 01:09:03.020] So that didn't happen
[01:09:03.020 --> 01:09:06.020] So what happened was they came back again and said
[01:09:06.020 --> 01:09:08.020] Well, we don't like to play the Facebook
[01:09:08.020 --> 01:09:10.020] Here's another 20 tickets, you know?
[01:09:10.020 --> 01:09:13.020] So then we went to court over that
[01:09:13.020 --> 01:09:16.020] When I filed in federal court
[01:09:16.020 --> 01:09:21.020] I filed on the first case, the same public official
[01:09:21.020 --> 01:09:25.020] Then I filed on the second case, the same public official
[01:09:25.020 --> 01:09:32.020] But they were two separate county court trials
[01:09:32.020 --> 01:09:34.020] You understand what I'm saying?
[01:09:34.020 --> 01:09:36.020] Yes
[01:09:36.020 --> 01:09:41.020] So these were two separate incidents
[01:09:41.020 --> 01:09:45.020] Is that legal in the eyes of the U.S. court?
[01:09:45.020 --> 01:09:47.020] What?
[01:09:47.020 --> 01:09:50.020] Does that violate anything that you know of?
[01:09:50.020 --> 01:09:54.020] Wait a minute, there's something I wasn't sure of
[01:09:54.020 --> 01:10:01.020] You filed two separate suits against the same individual or different individuals?
[01:10:01.020 --> 01:10:03.020] No
[01:10:03.020 --> 01:10:05.020] There were two trials
[01:10:05.020 --> 01:10:07.020] The first trial
[01:10:07.020 --> 01:10:13.020] Then they came back again and gave me another 20-some odd citations
[01:10:13.020 --> 01:10:17.020] And then we went to court for the second time
[01:10:17.020 --> 01:10:22.020] So these are two totally separate incidents?
[01:10:22.020 --> 01:10:27.020] Two different cause numbers at the county level
[01:10:27.020 --> 01:10:30.020] Well, they're two different cause numbers, but
[01:10:30.020 --> 01:10:33.020] Oh, at the county level, so these are
[01:10:33.020 --> 01:10:37.020] The courts seem to misunderstand
[01:10:37.020 --> 01:10:42.020] They're accusing you of suing the same individual twice
[01:10:42.020 --> 01:10:49.020] When you're actually suing the same individual for two separate incidents
[01:10:49.020 --> 01:10:52.020] So what they would be saying is
[01:10:52.020 --> 01:10:57.020] Is that a public official can commit a wrong against you one time
[01:10:57.020 --> 01:10:59.020] And you have recourse
[01:10:59.020 --> 01:11:04.020] But if he commits that wrong against you again, you have no recourse
[01:11:04.020 --> 01:11:08.020] Right
[01:11:08.020 --> 01:11:12.020] So you probably need to clarify to the court
[01:11:12.020 --> 01:11:17.020] That you're not the one creating this multiplicity of prosecution
[01:11:17.020 --> 01:11:26.020] It is the county that's doing that in retaliation for your fighting them in court
[01:11:26.020 --> 01:11:31.020] Couldn't they see that in the case? I sent the citations along
[01:11:31.020 --> 01:11:37.020] I even sent some of the transcripts of the case
[01:11:37.020 --> 01:11:42.020] The cover sheet of the judge and the cover sheet of the other judge
[01:11:42.020 --> 01:11:45.020] With the two different cause numbers
[01:11:45.020 --> 01:11:50.020] I would suggest asking
[01:11:50.020 --> 01:11:55.020] Send a motion requesting clarification
[01:11:55.020 --> 01:12:02.020] And explain that these two suits arise from two totally separate incidents
[01:12:02.020 --> 01:12:05.020] Yeah
[01:12:05.020 --> 01:12:07.020] Okay
[01:12:07.020 --> 01:12:10.020] Then they can't say it's duplicate
[01:12:10.020 --> 01:12:14.020] And then ask the judge for clarification on how
[01:12:14.020 --> 01:12:21.020] Two separate incidents are being treated as one in the courts
[01:12:21.020 --> 01:12:24.020] So they're essentially saying that
[01:12:24.020 --> 01:12:29.020] An official can create a wrong against you and you can sue that official
[01:12:29.020 --> 01:12:36.020] If the official creates the same wrong a second time, you have no legal recourse
[01:12:36.020 --> 01:12:39.020] Yeah, because at the end it says here
[01:12:39.020 --> 01:12:46.020] That only claims, right claims that are not covered by this injunction
[01:12:46.020 --> 01:12:50.020] They threw an injunction at me
[01:12:50.020 --> 01:12:54.020] Okay, what did the injunction say?
[01:12:54.020 --> 01:12:58.020] Well, that's what I was reading you
[01:12:58.020 --> 01:13:06.020] I couldn't tell, okay, we read it again now that it's in context
[01:13:06.020 --> 01:13:12.020] That's what this 28
[01:13:12.020 --> 01:13:18.020] 1650 gives them
[01:13:18.020 --> 01:13:23.020] Authorities to go
[01:13:23.020 --> 01:13:26.020] Now
[01:13:26.020 --> 01:13:33.020] I can sue, look, if I sued the public official in their public capacity
[01:13:33.020 --> 01:13:37.020] Which I did and I got a ruling on it
[01:13:37.020 --> 01:13:46.020] Then I can go back to the US court and sue them personally, right?
[01:13:46.020 --> 01:13:52.020] Depends on the nature of the suit
[01:13:52.020 --> 01:13:56.020] You're asking me to say that generally
[01:13:56.020 --> 01:14:00.020] I got a favorable ruling out of the circuit
[01:14:00.020 --> 01:14:02.020] The first go around
[01:14:02.020 --> 01:14:06.020] Okay, yeah, but see what you're not doing is telling us what the ruling is
[01:14:06.020 --> 01:14:10.020] I think I remember you ruled on criminal trespass
[01:14:10.020 --> 01:14:13.020] Is that correct?
[01:14:13.020 --> 01:14:15.020] Yeah, trespass, yeah, right
[01:14:15.020 --> 01:14:19.020] Okay, so you got a ruling that they committed criminal trespass
[01:14:19.020 --> 01:14:25.020] And subsequent to that ruling, they committed criminal trespass a second time
[01:14:25.020 --> 01:14:31.020] And your second suit was to address the second act of criminal trespass
[01:14:31.020 --> 01:14:33.020] Right
[01:14:33.020 --> 01:14:40.020] Explain that to the court
[01:14:40.020 --> 01:14:51.020] Okay, so I'll have to title that clarification
[01:14:51.020 --> 01:14:59.020] Okay, I'm reading
[01:14:59.020 --> 01:15:01.020] Are you there, Brett?
[01:15:01.020 --> 01:15:03.020] Yeah, I'm here, yeah
[01:15:03.020 --> 01:15:07.020] I don't understand about the clarification you wanted
[01:15:07.020 --> 01:15:11.020] Right, okay, now when I get that back
[01:15:11.020 --> 01:15:18.020] And whatever they say, then I can take this personal lawsuit that they sent back to me
[01:15:18.020 --> 01:15:23.020] And I can send that back in
[01:15:23.020 --> 01:15:32.020] I can't send it in with the clarification asking for, right?
[01:15:32.020 --> 01:15:35.020] That might confuse them
[01:15:35.020 --> 01:15:41.020] I'm getting confused, I'm losing track of where we're at
[01:15:41.020 --> 01:15:47.020] Well, like Brett said, he did one of them
[01:15:47.020 --> 01:15:50.020] What I did wasn't a request for clarification
[01:15:50.020 --> 01:16:01.020] What I did was I asked the judge to confirm that I have equal access to the court
[01:16:01.020 --> 01:16:13.020] And that no man or set of men has special privileges and immunities with regards to accessing the court
[01:16:13.020 --> 01:16:23.020] So it's a little bit different because in my situation, I wasn't allowed in because I had a cell phone with me
[01:16:23.020 --> 01:16:26.020] And I'm not an attorney or law enforcement
[01:16:26.020 --> 01:16:36.020] They told me that I would be allowed in with my phone if I were an attorney or if I were law enforcement
[01:16:36.020 --> 01:16:48.020] But since I'm not one of those sets of men, I have no privileges to enter the courtroom with my cell phone
[01:16:48.020 --> 01:16:52.020] My wife had dropped me off and I didn't have a way to take it back
[01:16:52.020 --> 01:16:56.020] So yeah, they weren't going to let me in the room
[01:16:56.020 --> 01:17:23.020] So we're just about to go to sponsors
[01:17:23.020 --> 01:17:30.020] So we're just going to go to sponsors
[01:17:30.020 --> 01:17:41.020] So we're going to go to sponsors
[01:17:41.020 --> 01:17:49.020] We're just going to go to sponsors
[01:17:49.020 --> 01:17:59.020] So tune in to Scripture Talk live on logosradionetwork.com Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
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[01:19:29.020 --> 01:19:51.020] Okay, we are back.
[01:19:51.020 --> 01:20:02.020] We're talking to Jerry, grass police killer in Pennsylvania.
[01:20:02.020 --> 01:20:07.020] Okay, so this was clearly two separate incidents.
[01:20:07.020 --> 01:20:18.020] I suspect if you explain this in your request for clarification, they'll say, oh, oops, my bad.
[01:20:18.020 --> 01:20:21.020] Okay.
[01:20:21.020 --> 01:20:29.020] But they'll have, but they told me that they have to lift this injunction against me.
[01:20:29.020 --> 01:20:31.020] Now.
[01:20:31.020 --> 01:20:37.020] Okay, wait, wait, wait. What is the nature of the injunction?
[01:20:37.020 --> 01:20:44.020] It's like I said, they said that I filed double lawsuits.
[01:20:44.020 --> 01:20:51.020] Oh, okay. Okay, that's that's what you're asked in your motion for clarification.
[01:20:51.020 --> 01:20:54.020] You're asking them to clarify.
[01:20:54.020 --> 01:21:04.020] And then when they when they you explain to them what really occurred, then you file a include a motion to lift the injunction.
[01:21:04.020 --> 01:21:08.020] You asked for an order to lift the injunction.
[01:21:08.020 --> 01:21:12.020] Otherwise, it would deny you access to the court.
[01:21:12.020 --> 01:21:19.020] You have to redress the grievance. Now they can come and trespass on your property at their pleasure.
[01:21:19.020 --> 01:21:23.020] And you have no recourse.
[01:21:23.020 --> 01:21:24.020] Right.
[01:21:24.020 --> 01:21:25.020] I've seen now.
[01:21:25.020 --> 01:21:34.020] Okay, so I'll just explain to them that the first set of citations that I went to the county court.
[01:21:34.020 --> 01:21:44.020] With the public official was the first case, given the case number and the judge and a cover sheet of it.
[01:21:44.020 --> 01:21:54.020] And then along the second case with the cause number and the judge and the citations and all that.
[01:21:54.020 --> 01:22:04.020] Was this sort of hover around double jeopardy because they had tried me twice?
[01:22:04.020 --> 01:22:10.020] There were different. No, no, no. Double jeopardy doesn't go in that direction.
[01:22:10.020 --> 01:22:14.020] Oh, double jeopardy.
[01:22:14.020 --> 01:22:18.020] You can't be prosecuted for the same crime twice.
[01:22:18.020 --> 01:22:27.020] Yeah, the same incident. You can be prosecuted for the same type of crime.
[01:22:27.020 --> 01:22:30.020] Yeah, for doing the same thing another time.
[01:22:30.020 --> 01:22:33.020] Yeah, it would have to be a separate incident.
[01:22:33.020 --> 01:22:37.020] And I'm sure the courts are misunderstanding here.
[01:22:37.020 --> 01:22:40.020] So explain to them that these are two separate incidents.
[01:22:40.020 --> 01:22:51.020] And if this injunction is not lifted, then the very thing the court found against the defendants for,
[01:22:51.020 --> 01:23:00.020] they would be allowed to do, allowed now to do with impunity because you would have no legal recourse.
[01:23:00.020 --> 01:23:07.020] Right. Okay. Well, that's what I'll do. I'll write this clarification up.
[01:23:07.020 --> 01:23:16.020] Make sure when you tell them that they came back a second time, that that time was retaliation.
[01:23:16.020 --> 01:23:26.020] Oh, okay. I could use that.
[01:23:26.020 --> 01:23:30.020] All right. Yeah, I see how that would work.
[01:23:30.020 --> 01:23:36.020] That would give me an edge then with the U.S. court then, wouldn't it?
[01:23:36.020 --> 01:23:39.020] It sure would.
[01:23:39.020 --> 01:23:47.020] And it would be, it would better explain to the court why you had to file twice.
[01:23:47.020 --> 01:23:55.020] Yeah, I think that's what happened. They might have got them mixed up. That was in the back of my mind.
[01:23:55.020 --> 01:24:01.020] But every time I got something from this judge, they always give me the same U.S. judge over there.
[01:24:01.020 --> 01:24:10.020] And they just keep hammering me. I mean, I don't know what to do.
[01:24:10.020 --> 01:24:16.020] No, I just keep bargaining with her and bargaining with her.
[01:24:16.020 --> 01:24:24.020] Judicial disability. I wrote in the one that she is definitely disabled mentally.
[01:24:24.020 --> 01:24:33.020] To the chief judge down at the circuit, all he did was send the whole complaint back.
[01:24:33.020 --> 01:24:37.020] I got a whole complaint back two weeks ago on it.
[01:24:37.020 --> 01:24:43.020] They stamped it, sent it back, and gave me the last ruling they had on it.
[01:24:43.020 --> 01:24:49.020] They didn't find any disability with the judge.
[01:24:49.020 --> 01:24:55.020] I don't know.
[01:24:55.020 --> 01:25:00.020] Well, okay. That's what I'll do.
[01:25:00.020 --> 01:25:04.020] Okay, I don't know how to address that one. Do you have any other questions?
[01:25:04.020 --> 01:25:14.020] Oh, no, nothing about that. I'll give that off to you and I'll give that guy my email. I'll put my email on there.
[01:25:14.020 --> 01:25:19.020] Good, good. Yeah, resend me that document. That would be great.
[01:25:19.020 --> 01:25:26.020] Oh, yeah, and give him my email and maybe we can get him to the U.S. court.
[01:25:26.020 --> 01:25:31.020] Okay, good. More the merrier.
[01:25:31.020 --> 01:25:36.020] As I say, I think he's in the fourth circuit down that aisle.
[01:25:36.020 --> 01:25:38.020] But what the heck?
[01:25:38.020 --> 01:25:42.020] All right, okay. Thank you, Jerry.
[01:25:42.020 --> 01:25:44.020] Bye.
[01:25:44.020 --> 01:25:51.020] Okay, now we have a first-time caller out of Floral Park, New York.
[01:25:51.020 --> 01:25:59.020] Give us a first name and a state and I already told the city you're in. I wasn't supposed to do that.
[01:25:59.020 --> 01:26:08.020] I am Janice, and I'm actually in North Carolina now, but I'm calling you from a 516 phone number because I don't use a cell phone.
[01:26:08.020 --> 01:26:13.020] I use a Skype phone number and that's the number they gave me.
[01:26:13.020 --> 01:26:16.020] Okay, so South Carolina?
[01:26:16.020 --> 01:26:18.020] North Carolina.
[01:26:18.020 --> 01:26:20.020] North Carolina, okay.
[01:26:20.020 --> 01:26:31.020] Okay, there's a problem here. If you're in North Carolina, you obviously need to learn to speak the language.
[01:26:31.020 --> 01:26:34.020] Is there a special language?
[01:26:34.020 --> 01:26:41.020] Oh yeah, there's a special language you're supposed to speak in North Carolina.
[01:26:41.020 --> 01:26:44.020] It's called hillbilly.
[01:26:44.020 --> 01:26:45.020] Yeah.
[01:26:45.020 --> 01:26:46.020] Okay.
[01:26:46.020 --> 01:26:55.020] All right, let me ask my question because I got a ticket for what the police officer called reckless driving.
[01:26:55.020 --> 01:26:58.020] Wait, the police called what?
[01:26:58.020 --> 01:27:00.020] Reckless driving.
[01:27:00.020 --> 01:27:05.020] Oh, okay. What did he claim you did?
[01:27:05.020 --> 01:27:15.020] Yeah, I passed two cars in the turn lane. I know I wasn't supposed to do it, but I had no idea. It's actually a criminal offense in North Carolina, okay?
[01:27:15.020 --> 01:27:18.020] Like a misdemeanor two or something like that.
[01:27:18.020 --> 01:27:20.020] Wait a minute.
[01:27:20.020 --> 01:27:21.020] Yeah.
[01:27:21.020 --> 01:27:27.020] You passed a, what did you pass in the turn lane?
[01:27:27.020 --> 01:27:30.020] I passed two very slow moving cars.
[01:27:30.020 --> 01:27:32.020] Oh, okay.
[01:27:32.020 --> 01:27:45.020] Okay, I was not speeding. They were just going really slow. So let me get to the point. I asked for an accommodation because I have developed radiation sickness from exposure to wireless devices.
[01:27:45.020 --> 01:27:57.020] And the accommodation could have been a Zoom call or, you know, whatever they could have offered, a teleconference. And they never offered anything. I wrote to them twice.
[01:27:57.020 --> 01:28:03.020] Wait, hold on. What was the name of it? What was that sickness called?
[01:28:03.020 --> 01:28:05.020] Radiation sickness.
[01:28:05.020 --> 01:28:07.020] Oh, radiation. Okay.
[01:28:07.020 --> 01:28:16.020] Radiation from cell phones and Wi-Fi and smart meters. Smart meters is what really threw me over the edge.
[01:28:16.020 --> 01:28:30.020] Send me an email with this in the subject line. I got a guy I will send this to who is really, really up on this particular issue.
[01:28:30.020 --> 01:28:36.020] Can you give me your email right now?
[01:28:36.020 --> 01:28:47.020] I don't give it out over the air. What I'll do if you send me an email asking for an introduction, I'll forward that email to him.
[01:28:47.020 --> 01:28:50.020] But I don't know how to email to you.
[01:28:50.020 --> 01:28:58.020] He was a jail guard right under a 250,000 volt tower. And it almost killed him.
[01:28:58.020 --> 01:28:59.020] Yes.
[01:28:59.020 --> 01:29:09.020] And now he lives way out in the country where there's no electronics around him anywhere. But he is constantly researching this issue.
[01:29:09.020 --> 01:29:14.020] So send me an email asking for a reference and I'll send it to him.
[01:29:14.020 --> 01:29:25.020] Janice, he was, he was saying, Randy was saying, send Randy an email. I think you might have, he might have thought you were asking for this other person's email.
[01:29:25.020 --> 01:29:32.020] No, no. Send it to me asking for an introduction.
[01:29:32.020 --> 01:29:39.020] Randy at ruleoflawradio.com. That's what you're looking for.
[01:29:39.020 --> 01:29:46.020] Randy at ruleoflawradio.com.
[01:29:46.020 --> 01:29:51.020] Okay, I didn't really get to explain my situation. I'm hoping I can.
[01:29:51.020 --> 01:30:02.020] Yeah, we're just about to go to sponsors. Hold on. And after we come back from the break, we'll continue on that.
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[01:35:13.020 --> 01:35:16.020] Okay, we are back.
[01:35:16.020 --> 01:35:23.020] Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Janiece in North Carolina.
[01:35:23.020 --> 01:35:26.020] Let's see if I can get you unmuted.
[01:35:26.020 --> 01:35:27.020] There we go.
[01:35:27.020 --> 01:35:28.020] Okay.
[01:35:28.020 --> 01:35:29.020] Good.
[01:35:29.020 --> 01:35:30.020] Can you hear me?
[01:35:30.020 --> 01:35:31.020] Okay, great.
[01:35:31.020 --> 01:35:52.020] So I'm calling because I heard Brett on Beth Martin's broadcast the other day, and I was very interested in this topic of challenging their jurisdiction because apparently they haven't given me an accommodation because they need me to come to court to actually get jurisdiction in North Carolina.
[01:35:52.020 --> 01:36:02.020] I read that just yesterday. I figured out that's what their problem is, why they have not given me an accommodation to talk with them outside of court.
[01:36:02.020 --> 01:36:25.020] They actually issued a warrant when I didn't come despite my several requests for accommodation and their abject refusal to give me accommodation, but I cannot go into court. I will not sit in a building that's got Wi-Fi and all this stuff, people with phones, smart meters everywhere, cordless printers.
[01:36:25.020 --> 01:36:29.020] This is a threat to my life.
[01:36:29.020 --> 01:36:36.020] Have you considered filing a criminal, a federal criminal complaint against the court?
[01:36:36.020 --> 01:36:55.020] We filed, I have an ADA advisor, okay, and we filed a habeas writ with the Supreme Court of the United States, explaining that they violated ADA rule.
[01:36:55.020 --> 01:37:04.020] They never gave me a chance to appear or to defend, and the whole reckless driving thing is void.
[01:37:04.020 --> 01:37:08.020] Okay, okay, hold on, hold on.
[01:37:08.020 --> 01:37:19.020] Have you considered filing a petition for writ of mandamus with the appellate court in North Carolina?
[01:37:19.020 --> 01:37:35.020] That would be the next step, but I didn't do that, and what I did do is I called the clerk and she got the warrant lifted, and they gave me another court date of May 3rd, so the warrant has been lifted thanks to this court clerk.
[01:37:35.020 --> 01:37:45.020] But I have to deal with this now on May 3rd, and I'm wondering how to approach this. I guess I could do this with the appellate court.
[01:37:45.020 --> 01:37:49.020] Can you do this on Zoom? Can you use Zoom?
[01:37:49.020 --> 01:37:57.020] I can use Zoom, and they have WebEx, and they have teleconferencing capacity.
[01:37:57.020 --> 01:38:03.020] I don't know, I mean, they haven't offered it, I think, because they can't get jurisdiction that way, something like that.
[01:38:03.020 --> 01:38:10.020] I'm guessing what, I don't know what their problem is.
[01:38:10.020 --> 01:38:16.020] I don't know how that would affect jurisdiction.
[01:38:16.020 --> 01:38:29.020] Either they have jurisdiction or they don't have jurisdiction, but the question of whether you appear electronically or not wouldn't seem to affect that.
[01:38:29.020 --> 01:38:41.020] What is the law under which they must have you in court to accrue jurisdiction?
[01:38:41.020 --> 01:38:55.020] I'm really new to this, so I looked up the codes that were mentioned of criminal procedure to try to find things that they might have done wrong,
[01:38:55.020 --> 01:39:05.020] and I came across this comment about as soon as the person enters court, the court has jurisdiction.
[01:39:05.020 --> 01:39:16.020] It said something to the effect that even if there's a mistake with paperwork, it doesn't matter, because as soon as somebody comes into court, they have jurisdiction.
[01:39:16.020 --> 01:39:20.020] Okay, I think you're misunderstanding something.
[01:39:20.020 --> 01:39:25.020] But yeah, now it makes sense.
[01:39:25.020 --> 01:39:28.020] Go ahead, Randy.
[01:39:28.020 --> 01:39:42.020] What you're assuming from that is the only way they can get jurisdiction is if you come into court, and I'm going to suggest to you that that is not the case.
[01:39:42.020 --> 01:39:57.020] If I go to a magistrate as a credible person and present the magistrate with a criminal affidavit accusing you of some crime,
[01:39:57.020 --> 01:40:10.020] and the affidavit is sufficient on its face, that gives the magistrate jurisdiction for the purpose of issuing a warrant.
[01:40:10.020 --> 01:40:24.020] And if the magistrate looks at the warrant and finds it sufficient, then he will prepare an order and forward it to the clerk of the court of jurisdiction,
[01:40:24.020 --> 01:40:30.020] and that will give the court of jurisdiction jurisdiction over you.
[01:40:30.020 --> 01:40:35.020] Here is the exact quote I'll read to you. I'm just wondering how to proceed from here.
[01:40:35.020 --> 01:40:41.020] This is from the North Carolina codes for criminal procedure regarding jurisdiction.
[01:40:41.020 --> 01:40:52.020] Okay, what is the number for the criminal code in North Carolina? Is it chapter 15?
[01:40:52.020 --> 01:40:57.020] I don't know. I didn't keep the link. Here's the quote.
[01:40:57.020 --> 01:41:08.020] It simply says a criminal court acquires personal jurisdiction over a defendant when he is brought before the court.
[01:41:08.020 --> 01:41:29.020] Let me just point out a couple of things quickly about jurisdiction. The subject matter jurisdiction is a separate issue from the personal jurisdiction.
[01:41:29.020 --> 01:41:46.020] They can't acquire subject matter jurisdiction by you showing up or not, but personal jurisdiction is something that's normally acquired when you receive service of process.
[01:41:46.020 --> 01:41:53.020] They properly served you with some paperwork that says, hey, you need to come into court to deal with this issue.
[01:41:53.020 --> 01:42:02.020] They acquired personal jurisdiction that way. That's an aspect of jurisdiction that if they never sent you anything,
[01:42:02.020 --> 01:42:09.020] they would have subject matter jurisdiction because that's the court that would deal with that issue.
[01:42:09.020 --> 01:42:16.020] But if they never sent you anything that says, hey, you need to come to court and deal with this, then they never acquired personal jurisdiction.
[01:42:16.020 --> 01:42:25.020] But let's say you found out about it another way. Maybe they sent to an old address and maybe you rent the house out or it's your parents or something,
[01:42:25.020 --> 01:42:30.020] and you found out that something's going on, so you show up in court on that day.
[01:42:30.020 --> 01:42:38.020] Then you don't get to complain that, well, they never served me. So you don't have personal jurisdiction.
[01:42:38.020 --> 01:42:45.020] Yeah, you showed up. So you don't get to complain about that. See what I mean?
[01:42:45.020 --> 01:42:49.020] Yeah. I mean, they did send me a letter in response to my letter.
[01:42:49.020 --> 01:42:59.020] I got a letter from the clerk of the DA's office saying, you have to come to court on such and such a day.
[01:42:59.020 --> 01:43:08.020] And I wrote her a letter. I just explained to you why I can't come to court. And I asked you for an accommodation.
[01:43:08.020 --> 01:43:14.020] So that was dealing with the clerk. The clerk was.
[01:43:14.020 --> 01:43:23.020] But she's responding to the two attorneys in the DA's office who chose to say, no, there's going to be no accommodation.
[01:43:23.020 --> 01:43:25.020] Apparently, she has to come to court.
[01:43:25.020 --> 01:43:32.020] Well, the attorneys don't get to make that call. So, Randy, what would you suggest for this?
[01:43:32.020 --> 01:43:40.020] There's two parts to this, right? The one is that she's got a warrant now that's outstanding for her arrest.
[01:43:40.020 --> 01:43:48.020] So obviously, she has to get that lifted. And typically, we would do that by show up in front of the magistrate.
[01:43:48.020 --> 01:43:54.020] But she has a physical issue here where she can't go show up in front of the magistrate.
[01:43:54.020 --> 01:44:00.020] Okay, hold on. I'm reading something here.
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[01:46:22.020 --> 01:46:39.020] Some things in this world I will never understand Some things I realize fully Somebody's gonna police that policeman Somebody's gonna police the bully
[01:46:39.020 --> 01:46:57.020] There's always a room at the top of the hill I hear things are great fine and it's lonely left to do They're wishing it was more than opposition to fail They know that if they don't do it, somebody will
[01:46:57.020 --> 01:47:10.020] Some things in this world I will never understand Some things I realize fully Somebody's gonna police the bully
[01:47:27.020 --> 01:47:35.020] The defendant must be physically present in the state of North Carolina.
[01:47:35.020 --> 01:47:43.020] Further, once the court obtains personal jurisdiction, the defendant ordinarily must be present for the trial.
[01:47:43.020 --> 01:47:49.020] So according to this, you just have to be in North Carolina for them to have jurisdiction.
[01:47:49.020 --> 01:48:08.020] It goes on, down here it says, once trial commences, if a non-capital defendant flees or declines to attend his or her trial, the flight constitutes a waiver of the right to presence, and the trial may proceed without the defendant.
[01:48:08.020 --> 01:48:16.020] See State v. Richardson, 330, North Carolina, 174.
[01:48:16.020 --> 01:48:21.020] Is that clear, Janiece?
[01:48:21.020 --> 01:48:35.020] I don't know how that would clear me. All right, I'm gonna have to figure this out. It's a confusing situation. They did lift the warrant and give me a new court date on May 3rd. I'm just trying to figure out what to do.
[01:48:35.020 --> 01:48:44.020] Okay, what kind of accommodation would you need in order to be able to safely attend the court?
[01:48:44.020 --> 01:48:47.020] I need an online conference.
[01:48:47.020 --> 01:48:55.020] Okay, then file a motion to that effect.
[01:48:55.020 --> 01:49:02.020] Ask the court to provide you with a Zoom conference call.
[01:49:02.020 --> 01:49:06.020] Or WebEx. You know they have WebEx? Ask for that.
[01:49:06.020 --> 01:49:12.020] Yeah, we did. We filed, not a motion, but we filed a letter.
[01:49:12.020 --> 01:49:18.020] My ADA advisor sent a letter this week.
[01:49:18.020 --> 01:49:23.020] A letter might not be as well received as a motion.
[01:49:23.020 --> 01:49:33.020] Here's the deal with the court. The court cannot do anything for you unless you move the court.
[01:49:33.020 --> 01:49:43.020] I had someone call in and they had sent, emailed me a lawsuit where they had been sued over a credit card.
[01:49:43.020 --> 01:49:50.020] And I read the lawsuit and it talked about what a dirty rotten deadbeat scoundrel this guy was.
[01:49:50.020 --> 01:49:55.020] And he said, well, what do you think? And I said, well, they haven't got a prayer.
[01:49:55.020 --> 01:49:58.020] Well, why not? I said, I don't know.
[01:49:58.020 --> 01:50:00.020] They don't have one.
[01:50:00.020 --> 01:50:05.020] No prayer? The judge can't do anything.
[01:50:05.020 --> 01:50:13.020] In order for the judge to be able to act, you must ask him to act and move him to act.
[01:50:13.020 --> 01:50:21.020] So they had this long lawsuit telling what a deadbeat he was, but they never asked the judge to do anything.
[01:50:21.020 --> 01:50:25.020] So the judge had no power to do anything.
[01:50:25.020 --> 01:50:33.020] When he says ask, the way you ask is actually you move the court with a motion.
[01:50:33.020 --> 01:50:40.020] You don't just write a letter and ask. You ask in a motion. That's how you move a court.
[01:50:40.020 --> 01:50:47.020] This is just a little bit of legal ease that you have to understand.
[01:50:47.020 --> 01:50:53.020] So you write a motion. Motion is merely just a format.
[01:50:53.020 --> 01:51:00.020] It's like a business letterhead except different. It's got a court letterhead on the court.
[01:51:00.020 --> 01:51:10.020] You do the court letterhead and then you put in your name and plaintiff will show the court as follows colon.
[01:51:10.020 --> 01:51:16.020] And then I generally do an introduction. Here's what this is going to be about.
[01:51:16.020 --> 01:51:33.020] Plaintiff or defendant has a specific abnormality and unable to resist radiation, however you want to word that.
[01:51:33.020 --> 01:51:39.020] And plaintiff here moves the court for accommodation as follows.
[01:51:39.020 --> 01:51:46.020] And then you explain the accommodation that you want and then you put in a prayer.
[01:51:46.020 --> 01:51:52.020] And prayer in this circumstance doesn't go to the meaning of prayer that you use in church.
[01:51:52.020 --> 01:52:02.020] It goes to the old English meaning of prayer, like where I pray thee, that means I ask thee.
[01:52:02.020 --> 01:52:10.020] So prayer in this case doesn't mean you're praying, well, kind of the same thing.
[01:52:10.020 --> 01:52:13.020] You pray to God, you ask him for something.
[01:52:13.020 --> 01:52:18.020] And the judges like to be thought of as deities.
[01:52:18.020 --> 01:52:24.020] Well, it's just an old English term that meant that you're asking for something.
[01:52:24.020 --> 01:52:28.020] So I've had guys go off on the legal thing.
[01:52:28.020 --> 01:52:33.020] So just tell him what you want him to do, then ask him to do that.
[01:52:33.020 --> 01:52:35.020] Okay, I'll shut up now.
[01:52:35.020 --> 01:52:37.020] Please let me tell you this.
[01:52:37.020 --> 01:52:42.020] When I called the clerk and explained the situation and she was able to get the warrant lifted,
[01:52:42.020 --> 01:52:53.020] she said to me, you must go to the DA's office to ask for the accommodation because we can't grant that.
[01:52:53.020 --> 01:52:57.020] Okay, screw the DA. She's mistaken.
[01:52:57.020 --> 01:53:04.020] The DA could agree to it.
[01:53:04.020 --> 01:53:11.020] So it wouldn't be imprudent to ask the DA if he would agree to it.
[01:53:11.020 --> 01:53:14.020] But it doesn't matter if he does or not.
[01:53:14.020 --> 01:53:17.020] If he does agree to it, it will be a lot easier.
[01:53:17.020 --> 01:53:24.020] Then you file in your motion that you spoke to the DA and got the DA's agreement.
[01:53:24.020 --> 01:53:28.020] And likely they will do that.
[01:53:28.020 --> 01:53:32.020] They're not evil monsters for the most part.
[01:53:32.020 --> 01:53:38.020] So you ask him politely and explain your situation.
[01:53:38.020 --> 01:53:44.020] If you file a motion for accommodation, would you object to the motion?
[01:53:44.020 --> 01:53:47.020] And the courts want you to do that anyway.
[01:53:47.020 --> 01:53:57.020] When you go to court, before you file an adverse motion or pleading that's adverse to the other party,
[01:53:57.020 --> 01:54:03.020] they want you to go to the party first and say, hey, can we work this out?
[01:54:03.020 --> 01:54:09.020] And if you can't, then you come to the court and ask the court to work it out.
[01:54:09.020 --> 01:54:17.020] If you can work it out together, then you come to the court and tell the court that you both have agreement
[01:54:17.020 --> 01:54:21.020] and ask the court to order whatever you need.
[01:54:21.020 --> 01:54:23.020] Does that make sense, Janice?
[01:54:23.020 --> 01:54:27.020] Yeah. Thank you. Thank you, gentlemen. I will do this.
[01:54:27.020 --> 01:54:32.020] Yeah. Yeah. Think of this as just normal business.
[01:54:32.020 --> 01:54:35.020] Because for the court, this is just normal business.
[01:54:35.020 --> 01:54:42.020] But this is not adversarial.
[01:54:42.020 --> 01:54:44.020] It sure felt that way.
[01:54:44.020 --> 01:54:48.020] Because to me, they have the Americans with Disabilities Act.
[01:54:48.020 --> 01:54:50.020] They're supposed to obey that.
[01:54:50.020 --> 01:54:53.020] And that's the law that you have to follow.
[01:54:53.020 --> 01:54:58.020] OK, hold. You've got to understand where they live.
[01:54:58.020 --> 01:55:04.020] They get wacko crazy people in there all the time doing all kinds of wacko stuff.
[01:55:04.020 --> 01:55:12.020] So if you come to them with the expectation that they will treat you badly,
[01:55:12.020 --> 01:55:19.020] you will very likely, by your tone of voice, your physical posture, your stance,
[01:55:19.020 --> 01:55:26.020] you're very likely to elicit the kind of behavior that you expect.
[01:55:26.020 --> 01:55:32.020] So on the show, I keep saying, pick your battles very carefully.
[01:55:32.020 --> 01:55:34.020] Yeah.
[01:55:34.020 --> 01:55:39.020] This is not something that you want to have a legal fight over and just go to them and say,
[01:55:39.020 --> 01:55:44.020] look, guys, I have this issue with electromagnetic radiation.
[01:55:44.020 --> 01:55:48.020] It makes me nuts. It does all these bad things to me.
[01:55:48.020 --> 01:55:57.020] Is there some accommodation we can come up with so that I don't have to suffer this extra injury?
[01:55:57.020 --> 01:56:04.020] Treat them as if you have an expectation that they're good people and they'll grant what you want.
[01:56:04.020 --> 01:56:11.020] And 90 percent of the time, that's exactly what they'll do.
[01:56:11.020 --> 01:56:15.020] OK, thank you very much, gentlemen.
[01:56:15.020 --> 01:56:20.020] You are welcome. Gentlemen, is there somebody else on here?
[01:56:20.020 --> 01:56:24.020] Oh, you were talking to Brett.
[01:56:24.020 --> 01:56:28.020] I was talking to both of you. Thank you for your time. Good night.
[01:56:28.020 --> 01:56:31.020] OK, you did real good on the radio.
[01:56:31.020 --> 01:56:38.020] I'm actually a radio host myself. I'm not shy.
[01:56:38.020 --> 01:56:41.020] So you were just chomping us.
[01:56:41.020 --> 01:56:45.020] No, no, this is a real story. This is real.
[01:56:45.020 --> 01:56:50.020] I mean, on the Telegram channel, you were chomping us.
[01:56:50.020 --> 01:56:52.020] I was chomping you?
[01:56:52.020 --> 01:56:55.020] Yeah, you're afraid to call in.
[01:56:55.020 --> 01:56:58.020] That's not me. That wasn't me.
[01:56:58.020 --> 01:57:01.020] Oh, that wasn't you. Oh, my bad.
[01:57:01.020 --> 01:57:05.020] Oh, and then I keep getting hung up on.
[01:57:05.020 --> 01:57:06.020] Really?
[01:57:06.020 --> 01:57:11.020] Not that I'm afraid to call in. No, I've been trying to call in.
[01:57:11.020 --> 01:57:13.020] And it kept hanging up?
[01:57:13.020 --> 01:57:15.020] Yeah, I kept getting hung up on.
[01:57:15.020 --> 01:57:22.020] Yeah, we were just talking to Deborah trying to figure out what that problem is.
[01:57:22.020 --> 01:57:27.020] We'll get that sorted out. Deborah didn't think it's her equipment.
[01:57:27.020 --> 01:57:31.020] It may be something in between.
[01:57:31.020 --> 01:57:33.020] I don't know.
[01:57:33.020 --> 01:57:35.020] We don't have time for another caller.
[01:57:35.020 --> 01:57:38.020] So, Janice, you've got a minute.
[01:57:38.020 --> 01:57:45.020] Say something really insightful and intuitive, and that'll get everybody enthralled.
[01:57:45.020 --> 01:57:49.020] What I want to say is wireless devices are deadly friends.
[01:57:49.020 --> 01:57:53.020] We're killing ourselves, our children, and everything around us.
[01:57:53.020 --> 01:58:01.020] Please consider letting go, letting go, so that life can live.
[01:58:01.020 --> 01:58:03.020] She did it, Brett.
[01:58:03.020 --> 01:58:04.020] Yeah.
[01:58:04.020 --> 01:58:06.020] She is a pro.
[01:58:06.020 --> 01:58:09.020] She made us look like chumps.
[01:58:09.020 --> 01:58:12.020] No, I didn't.
[01:58:12.020 --> 01:58:14.020] Thank you.
[01:58:14.020 --> 01:58:16.020] Thank you very much.
[01:58:16.020 --> 01:58:18.020] Thank you.
[01:58:18.020 --> 01:58:20.020] Thank you all for listening.
[01:58:20.020 --> 01:58:25.020] We'll be back tomorrow night on our four-hour info marathon.
[01:58:25.020 --> 01:58:28.020] This is Randy Kelton, Brett Fountain.
[01:58:28.020 --> 01:58:30.020] We love radio.
[01:58:30.020 --> 01:58:32.020] So make sure you call back tomorrow night.
[01:58:32.020 --> 01:58:35.020] We're going to have a special guest, Harman Taylor.
[01:58:35.020 --> 01:58:37.020] He is my hero.
[01:58:37.020 --> 01:58:42.020] Every time I talk to Harman Taylor, it takes me two days to get rid of the headache.
[01:58:42.020 --> 01:58:44.020] You'll find out why if you listen to it.
[01:58:44.020 --> 01:58:46.020] Thank you all for listening.
[01:58:46.020 --> 01:58:50.020] Good night.
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