ROL_2023-05-26_16k_Hr1-2.timecode

[00:00.000 --> 00:05.680]  The Bill of Rights contains the first 10 amendments of our Constitution.
[00:05.680 --> 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 --> 00:16.840]  your First Amendment rights.
[00:16.840 --> 00:18.440]  Privacy is under attack.
[00:18.440 --> 00:22.040]  When you give up data about yourself, you'll never get it back again.
[00:22.040 --> 00:26.820]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.820 --> 00:31.880]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:31.880 --> 00:34.560]  Privacy, it's worth hanging on to.
[00:34.560 --> 00:38.860]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.860 --> 00:42.400]  engine alternative to Google, Yahoo, and Bing.
[00:42.400 --> 00:44.680]  Start over with Startpage.
[00:44.680 --> 00:47.680]  Spar, it's what fighters do.
[00:47.680 --> 00:50.640]  It's also how I remember the five guarantees of the First Amendment.
[00:50.640 --> 00:54.440]  If you plan to take away my rights, I'm going to spar with you.
[00:54.440 --> 01:01.440]  Spar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.440 --> 01:02.960]  and R for religion.
[01:02.960 --> 01:06.960]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:06.960 --> 01:10.760]  assembly, and religion, but petition for redress is another matter.
[01:10.760 --> 01:14.480]  We have the right to petition the government for a redress of grievances.
[01:14.480 --> 01:18.000]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.000 --> 01:20.760]  the reasons without fear of being thrown into jail.
[01:20.760 --> 01:22.600]  I'm Dr. Catherine Albrecht.
[01:22.600 --> 01:31.000]  More news and information at CatherineAlbrecht.com.
[01:31.000 --> 01:34.640]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.640 --> 01:38.120]  They guarantee the specific freedoms Americans should know and protect.
[01:38.120 --> 01:39.560]  Our liberty depends on it.
[01:39.560 --> 01:43.480]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.480 --> 01:46.620]  one of your constitutional rights.
[01:46.620 --> 01:48.200]  Privacy is under attack.
[01:48.200 --> 01:51.800]  When you give up data about yourself, you'll never get it back again.
[01:51.800 --> 01:56.600]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.600 --> 02:01.720]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.720 --> 02:04.360]  Privacy, it's worth hanging on to.
[02:04.360 --> 02:08.640]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.640 --> 02:12.180]  engine alternative to Google, Yahoo, and Bing.
[02:12.180 --> 02:14.280]  Start over with StartPage.
[02:14.280 --> 02:20.120]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.120 --> 02:22.200]  of Rights in a big old bear hug.
[02:22.200 --> 02:26.680]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.680 --> 02:30.520]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.520 --> 02:31.520]  Get it?
[02:31.520 --> 02:33.840]  Two arms, bear hug, bear arms?
[02:33.840 --> 02:37.440]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.440 --> 02:43.200]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.200 --> 02:47.320]  government, one more safeguard against the tyranny, which now appears remote in America,
[02:47.320 --> 02:50.360]  but which historically has proved to always be possible.
[02:50.360 --> 02:52.360]  I'm Dr. Catherine Albrecht.
[02:52.360 --> 03:21.280]  More news and information at CatherineAlbrecht.com.
[03:22.960 --> 03:45.660]  the right of the citizens to bear arms is just one guarantee against arbitrary government,
[03:45.660 --> 04:03.480]  one more safeguard against the tyranny, which now appears remote in America, but which
[04:03.480 --> 04:22.720]  now appears remote in America, but which now appears remote in America, but which now
[04:22.720 --> 04:41.040]  appears remote in America, but which now appears remote in America, but which now appears
[04:41.040 --> 05:07.520]  remote in America, but which now appears remote in America, but which now appears remote
[05:07.520 --> 05:21.280]  On this Friday, the 26th day of May, 2023, this is our 4-hour info marathon, and I have
[05:21.280 --> 05:28.520]  the phone lines on already, so if you have a question or a comment, give us a call.
[05:28.520 --> 05:38.040]  Before the show started, I was looking at my e-book in map format and contemplating
[05:38.040 --> 05:42.040]  going back through the e-book.
[05:42.040 --> 05:46.760]  This is information we haven't gone over in a long time, and there are portions of
[05:46.760 --> 05:54.800]  it that I've never went over on the air, like how to write legal documents.
[05:54.800 --> 06:03.320]  I went over that a long time ago, portions of it, and how to do legal research, and then
[06:03.320 --> 06:05.080]  a section on motionless and pleadings.
[06:05.080 --> 06:10.000]  I don't know who all is interested in that sort of thing.
[06:10.000 --> 06:22.320]  I'm looking for areas that we need to go over to get everybody oriented so we can begin
[06:22.320 --> 06:26.400]  to really have an effect.
[06:26.400 --> 06:30.760]  I have shifted gears of a sort.
[06:30.760 --> 06:38.240]  I'm no longer going after a lot of the issues as they come up.
[06:38.240 --> 06:47.480]  I used to take on just about any issue that came along, but I'm not doing that anymore.
[06:47.480 --> 06:56.600]  I had to take stock after 30 years of doing this and seeing little or no progress and
[06:56.600 --> 07:05.040]  take a step back and re-look at this and try to figure out what we can do to change the
[07:05.040 --> 07:11.800]  underlying structure of the legal system so that it works more in our favor instead of
[07:11.800 --> 07:23.160]  just going in and suing someone because they annoyed us or mistreated us in some way.
[07:23.160 --> 07:33.680]  I needed to take a step back because I have more things I could raise issues about than
[07:33.680 --> 07:37.920]  I could get done in this lifetime.
[07:37.920 --> 07:42.560]  What do you mean when you say to change the structure of the legal system?
[07:42.560 --> 07:45.760]  Does everybody understand what you mean about that structure?
[07:45.760 --> 07:48.200]  I don't think so.
[07:48.200 --> 07:50.620]  That's where I was trying to go to.
[07:50.620 --> 08:01.920]  As an engineer, when I look at a system that's not functioning correctly, especially if it's
[08:01.920 --> 08:08.600]  breaking down generally, I don't get to blame the operators.
[08:08.600 --> 08:12.880]  If you have something that's not working right, it's easy to blame the operators, but if all
[08:12.880 --> 08:17.800]  the operators are having problems, you can't blame the operators.
[08:17.800 --> 08:24.240]  Something wrong in the system, and if you have a system that was well-designed and worked
[08:24.240 --> 08:32.080]  for a long time and then stopped working, you need to go back and look at the underlying
[08:32.080 --> 08:35.080]  structure of the system.
[08:35.080 --> 08:41.840]  I think we've all heard the story about the guy whose heating system wasn't working right
[08:41.840 --> 08:47.760]  and he called in a plumber who was a specialist in heating systems.
[08:47.760 --> 08:53.120]  The plumber spent an hour or two looking things over and then went and pulled out a Stilson
[08:53.120 --> 08:58.600]  wrench, for those of you who don't know what a Stilson wrench is, that's the old name for
[08:58.600 --> 09:04.920]  a pipe wrench, and he walked up to this valve and he gave it a wrap, and the system started
[09:04.920 --> 09:10.760]  working perfectly, and gave the guy a large bill.
[09:10.760 --> 09:14.520]  The guy said, did you charge me all this money and all you did was tap a valve?
[09:14.520 --> 09:20.160]  He said, I didn't charge you for tapping the valve, I charged you for knowing which valve
[09:20.160 --> 09:22.680]  to tap.
[09:22.680 --> 09:25.160]  So let's look at the legal system.
[09:25.160 --> 09:36.880]  What is the smallest change we can make that will have the greatest repercussions?
[09:36.880 --> 09:45.760]  Somewhere behind all of this carnage, there are some key elements that allow this to occur,
[09:45.760 --> 09:55.040]  and I spent some 30 years trying to figure out what the problem with the system is.
[09:55.040 --> 10:04.320]  And it's obvious to everybody that there is a dramatic lack of accountability, that
[10:04.320 --> 10:12.760]  the police and other public officials can pretty well do what they want to.
[10:12.760 --> 10:17.280]  So how do we fix that?
[10:17.280 --> 10:29.720]  How do we craft a system that has remedies in place for recalcitrant public officials?
[10:29.720 --> 10:36.360]  Public officials who want to do what they want to do, and not follow the rules they
[10:36.360 --> 10:40.960]  swear on their oath, swore on their oath that they would follow.
[10:40.960 --> 10:49.840]  Well, I've looked at the system for some 15 years, and it became clear that everything
[10:49.840 --> 10:52.720]  was wrong.
[10:52.720 --> 10:59.360]  Every step from the rest to trial as currently practiced in the legal system was wrong.
[10:59.360 --> 11:01.640]  So how does this happen?
[11:01.640 --> 11:06.600]  Yeah, and not wrong according to Randy's feelings, but wrong according to the way it's written
[11:06.600 --> 11:09.560]  out in black and white in the law.
[11:09.560 --> 11:15.800]  Yeah, I read the code, and then I look at what they're doing, and when I first read
[11:15.800 --> 11:20.160]  the code, I once spent the night in jail for driving with a headlight on.
[11:20.160 --> 11:25.680]  Now, the law required at the time that you have at least two lamps lighted to the front,
[11:25.680 --> 11:28.920]  one of which had to be white.
[11:28.920 --> 11:34.080]  And you had to be able to see a person or object 500 feet on low beams, 1,000 feet on
[11:34.080 --> 11:35.080]  high beams.
[11:35.080 --> 11:43.920]  Well, I was driving a truck, I had 13 lamps lighted to the front, one of which was white.
[11:43.920 --> 11:47.720]  But I wound up spending the night in jail anyway.
[11:47.720 --> 11:48.840]  That didn't seem right.
[11:48.840 --> 11:55.560]  So when I got out, I got out the Code of Criminal Procedure and the Texas Penal Code, and I
[11:55.560 --> 11:56.560]  read them.
[11:56.560 --> 12:00.680]  I've read them from the perspective of an engineer.
[12:00.680 --> 12:04.200]  I read them as if they were tech manuals.
[12:04.200 --> 12:10.260]  They prescribed how to operate this system.
[12:10.260 --> 12:19.640]  And then I looked at the way things were being done, and these two were not even close.
[12:19.640 --> 12:30.560]  So how is it that the practice is so dramatically different than the code?
[12:30.560 --> 12:32.640]  And that was the conundrum.
[12:32.640 --> 12:40.760]  It took some 15 years to get figured out how things were as opposed to how they should
[12:40.760 --> 12:41.760]  be.
[12:41.760 --> 12:50.120]  And it took another 15 years to find a remedy, a source to remedy.
[12:50.120 --> 12:58.760]  And like the plumber, I spent this time looking over the system, looking for the simplest
[12:58.760 --> 13:03.840]  change we could make that would affect the entire system.
[13:03.840 --> 13:10.040]  And it came down to examining trials.
[13:10.040 --> 13:11.480]  The police were out of control.
[13:11.480 --> 13:15.000]  They felt like they could do anything they wanted to.
[13:15.000 --> 13:18.480]  And they acted like they could do anything they wanted to, and they pretty well got by
[13:18.480 --> 13:21.000]  with it.
[13:21.000 --> 13:27.520]  They could arrest someone and throw them in jail, and then the prosecutor would come along.
[13:27.520 --> 13:33.120]  He didn't care if they were guilty or innocent, he just wanted a deal.
[13:33.120 --> 13:37.920]  And there was essentially nothing you could do about it.
[13:37.920 --> 13:38.920]  So how does-
[13:38.920 --> 13:43.560]  Well, you're motivated because he wants to make a deal and you're in jail.
[13:43.560 --> 13:50.400]  Yeah, you have to really be motivated to not take a deal.
[13:50.400 --> 13:56.920]  And 99.6% of the public winds up making a deal.
[13:56.920 --> 13:59.080]  What happened?
[13:59.080 --> 14:00.480]  Where is the weak spot?
[14:00.480 --> 14:12.560]  What broke down after 600 years of relatively stable law, 750 years of relatively stable
[14:12.560 --> 14:19.140]  law since the signing of the first Magna Carta Libertatum?
[14:19.140 --> 14:25.520]  Something happened and the system began to break down.
[14:25.520 --> 14:29.600]  What happened was, it was when a person was arrested, they were not taken directly to
[14:29.600 --> 14:32.600]  the nearest magistrate.
[14:32.600 --> 14:43.120]  A policeman, when he arrests someone, the legislature forbade him to hold the key to
[14:43.120 --> 14:45.600]  the jailhouse door.
[14:45.600 --> 14:48.360]  They gave that to a magistrate.
[14:48.360 --> 14:55.560]  They deliberately created magistrates for the primary purpose of standing between the
[14:55.560 --> 14:59.680]  police officer and the jailhouse door.
[14:59.680 --> 15:02.120]  The magistrate held the key to the jail.
[15:02.120 --> 15:06.560]  So while the policeman could arrest someone, they could not take them to jail.
[15:06.560 --> 15:10.000]  They had to take them directly to the nearest magistrate.
[15:10.000 --> 15:19.600]  Back in the late 60s, early 70s, the courts made some unfortunate interpretations and
[15:19.600 --> 15:27.240]  the legislature made some additions to the code that were grossly misinterpreted.
[15:27.240 --> 15:36.600]  We have to understand, prosecutors will interpret the code to suit their political purpose.
[15:36.600 --> 15:47.240]  It is the job of lawyers to word craft, to craft things so that they're the way they
[15:47.240 --> 15:52.240]  want them to be, regardless of what the code says.
[15:52.240 --> 15:57.880]  It is the nature of the animal, not something we can fix.
[15:57.880 --> 16:03.120]  So we have to have pieces in place to handle that.
[16:03.120 --> 16:13.840]  Well, the legislature made in addition to the code, 14.06 said that when a police officer
[16:13.840 --> 16:19.720]  observes a crime being committed, he has a duty to arrest the offender and take the offender
[16:19.720 --> 16:26.600]  directly to the nearest magistrate by the most direct route and explain himself.
[16:26.600 --> 16:34.880]  Well, the legislature added a subordinate clause to that to say that, or in order to
[16:34.880 --> 16:44.880]  more expeditiously provide the warnings in 1617, I'm sorry, the warnings in 1517, he
[16:44.880 --> 16:50.560]  can take the person to any other county in Texas.
[16:50.560 --> 16:54.000]  Well, prosecutors got a hold of that and had a field day.
[16:54.000 --> 17:00.120]  Hang on, Randy Kelton, Brett Fountain with your radio, we'll be right back.
[17:00.120 --> 17:04.720]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[17:20.040 --> 17:25.440]  What to do when contacted by phone, mail, or court summons, how to answer letters and
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[17:49.440 --> 17:59.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[17:59.000 --> 18:00.000]  collectors now.
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[18:08.360 --> 18:12.080]  to have a free society, then we're going to have to stand and defend our own rights.
[18:12.080 --> 18:15.520]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.520 --> 18:19.560]  in our own private capacity, and most importantly, the right to due process of law.
[18:19.560 --> 18:23.400]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[18:23.400 --> 18:24.760]  our rights through due process.
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[18:28.760 --> 18:32.520]  most comprehensive teaching tool available that will help you understand what due process
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[19:09.240 --> 19:39.160]  Thanks for watching, I hope you enjoyed this video, and I'll see you in the next one.
[20:10.160 --> 20:17.520]  We're talking about due process and about what's wrong, apparently in Texas, because
[20:17.520 --> 20:20.520]  this isn't wrong everywhere.
[20:20.520 --> 20:25.680]  Brett on the break was just telling about being at a hearing in Pennsylvania.
[20:25.680 --> 20:28.160]  Brett, will you address that?
[20:28.160 --> 20:30.800]  I was really encouraged to see this.
[20:30.800 --> 20:36.320]  They were actually doing everything that I've been reading in Texas Code of Criminal Procedure
[20:36.320 --> 20:39.560]  Chapter 16, the examining trial.
[20:39.560 --> 20:46.520]  It's not necessarily called examining trial in all states, but it is a pretrial or preliminary
[20:46.520 --> 20:55.360]  inquiry into the basics of the accusation to see if there's enough.
[20:55.360 --> 21:00.040]  Are there enough facts that go to all of the elements of a crime?
[21:00.040 --> 21:04.000]  That's what they were doing.
[21:04.000 --> 21:11.200]  The particular crime, I thought it was unfortunate that the person who was getting the preliminary
[21:11.200 --> 21:20.160]  hearing, they called it, did not realize that that's what it was, and was behaving as if
[21:20.160 --> 21:28.360]  the defendant thought that it was a regular trial.
[21:28.360 --> 21:29.960]  The judge was really good about that.
[21:29.960 --> 21:37.240]  The judge stopped everything and said, look, this is not that kind of trial.
[21:37.240 --> 21:40.120]  This is a preliminary hearing.
[21:40.120 --> 21:45.400]  We're just going to determine probable cause, and we don't take your motions.
[21:45.400 --> 21:47.520]  Well, Your Honor, I have to object.
[21:47.520 --> 21:48.760]  We're not doing objections.
[21:48.760 --> 21:50.120]  We're not doing motions.
[21:50.120 --> 21:53.160]  Well, just for the record, I have to make the record, Your Honor.
[21:53.160 --> 21:55.440]  Stop talking over me.
[21:55.440 --> 22:00.080]  The judge could tell that the defendant was not getting it, and the judge really wanted
[22:00.080 --> 22:02.680]  the defendant to get it.
[22:02.680 --> 22:04.160]  This is not a regular trial.
[22:04.160 --> 22:07.800]  This is just to determine probable cause.
[22:07.800 --> 22:13.760]  So I was really pleased to see that they are doing it, and it's not just, I know that Texas
[22:13.760 --> 22:17.480]  is doing it all completely wrong, but I'm glad everybody's not.
[22:17.480 --> 22:19.800]  I know you saw one in Tennessee, didn't you?
[22:19.800 --> 22:20.800]  Yes, I did.
[22:20.800 --> 22:29.040]  The judge really handled himself well, and he treated everybody with dignity and respect.
[22:29.040 --> 22:33.080]  They also do this in New York.
[22:33.080 --> 22:35.160]  That's really encouraging.
[22:35.160 --> 22:43.800]  So it may be that Texas is the exception, whether they have the rule.
[22:43.800 --> 22:48.200]  So but anyway, that's what we want.
[22:48.200 --> 22:54.940]  A policeman in Pennsylvania, apparently, if he arrests someone, he knows he's gonna have
[22:54.940 --> 23:01.880]  to go to a magistrate, take that person to a magistrate, and explain himself.
[23:01.880 --> 23:06.000]  So he's gonna be much more careful when he makes the arrest.
[23:06.000 --> 23:10.040]  He's gonna make sure he has probable cause because he's gonna have to give it to the
[23:10.040 --> 23:13.720]  judge immediately.
[23:13.720 --> 23:24.960]  This requirement has been in law for 800 years, and it's hung around for 800 years because
[23:24.960 --> 23:28.240]  it works.
[23:28.240 --> 23:29.400]  Texas is not doing it.
[23:29.400 --> 23:37.480]  That's the first thing that I want to change, and there are 1,000 battles I can take on.
[23:37.480 --> 23:39.840]  I can take on the traffic issue.
[23:39.840 --> 23:44.080]  I can take on family law, probate law.
[23:44.080 --> 23:50.520]  There are horrible.
[23:50.520 --> 23:51.520]  There are-
[23:51.520 --> 23:52.520]  Scandal in every direction.
[23:52.520 --> 23:55.440]  The word got missing.
[23:55.440 --> 24:02.080]  There are horrible abuses, abuses, and all of those.
[24:02.080 --> 24:07.160]  And I have people come to me all the time, oh, you don't need to be taken on that issue.
[24:07.160 --> 24:09.760]  You need to be taken on my issue.
[24:09.760 --> 24:11.720]  Look how horrible this is.
[24:11.720 --> 24:19.200]  I said, yeah, there's 1,000 issues I could take on, but what is the one that is the most
[24:19.200 --> 24:22.520]  important?
[24:22.520 --> 24:32.120]  And for a number of years, I considered that the taking the person before a magistrate
[24:32.120 --> 24:35.880]  was the most important issue.
[24:35.880 --> 24:44.640]  But thanks to Brett pointing me at a place I had read but haven't, somehow it didn't
[24:44.640 --> 24:48.040]  gel in my mind what I was seeing.
[24:48.040 --> 24:51.280]  There is another place.
[24:51.280 --> 24:55.120]  There's something else that we've all been missing.
[24:55.120 --> 25:02.040]  We have a problem with someone, we call the police, and we make a complaint.
[25:02.040 --> 25:10.360]  If the person is a public official, we call the policeman and make a complaint.
[25:10.360 --> 25:15.200]  Not bad idea, bad, bad move.
[25:15.200 --> 25:26.040]  Policeman has no specific duty when you go to him and articulate a complaint.
[25:26.040 --> 25:35.080]  Now, if you give him a verified criminal affidavit, that engages a duty he has to give notice
[25:35.080 --> 25:36.080]  to some magistrate.
[25:36.080 --> 25:37.080]  But-
[25:37.080 --> 25:44.720]  Yeah, and if he sees it on-site offense, then if it's something that's a breach of the peace,
[25:44.720 --> 25:46.920]  then he needs to take care of that.
[25:46.920 --> 25:49.160]  Yeah, that's his duty.
[25:49.160 --> 25:50.160]  That's what his duty is.
[25:50.160 --> 25:51.160]  His duty is-
[25:51.160 --> 25:52.160]  But you're calling him up afterwards.
[25:52.160 --> 25:54.640]  Yeah, that doesn't do any good.
[25:54.640 --> 25:59.960]  Yeah, he didn't see the offense being committed, so he can't make an arrest.
[25:59.960 --> 26:05.520]  And he doesn't need to put his word out there when he has yours.
[26:05.520 --> 26:11.240]  And the courts have allowed him a certain amount of discretion.
[26:11.240 --> 26:17.200]  Whether you agree with that discretion or not, the courts have allowed it.
[26:17.200 --> 26:24.240]  But there's something else in the code, and the code is 15.09.
[26:24.240 --> 26:27.680]  It is unlike other states.
[26:27.680 --> 26:36.840]  In New York, the code says that when a magistrate is made known that a crime has been committed,
[26:36.840 --> 26:45.240]  by a criminal affidavit, he shall examine into the sufficiency of the accusation.
[26:45.240 --> 26:51.500]  And if the accusation states sufficient facts to give a reasonable person of ordinary prudence
[26:51.500 --> 26:56.440]  cause to believe that a crime has been committed and the accused has committed that crime,
[26:56.440 --> 27:00.200]  then he should issue a warrant.
[27:00.200 --> 27:05.960]  And most states are like that, but not Texas.
[27:05.960 --> 27:11.640]  Texas says that when a complaint is forwarded to a magistrate complete in accordance with
[27:11.640 --> 27:19.640]  1505, and that just stipulates the requisites of a warrant, the magistrate shall issue
[27:19.640 --> 27:26.480]  a warrant forthwith, no discretion.
[27:26.480 --> 27:32.560]  That is the key to you and I taking back the system.
[27:32.560 --> 27:39.520]  When we give a criminal complaint to a magistrate, they have a ministerial duty, an administrative
[27:39.520 --> 27:47.540]  duty, not a judicial duty, where a judge does not have discretion.
[27:47.540 --> 27:58.400]  The act is administrative and for administrative acts, the judge has no immunity.
[27:58.400 --> 28:07.440]  So if we are to take the system back, we need to start filing criminal complaints, not with
[28:07.440 --> 28:12.360]  police officers, but with magistrates.
[28:12.360 --> 28:20.120]  And when the magistrate refuses to issue a warrant, then contact me on email.
[28:20.120 --> 28:26.600]  I'll send you my lawsuit that I've created for that purpose.
[28:26.600 --> 28:30.440]  You fill in the blanks, the blanks are very few.
[28:30.440 --> 28:39.800]  The judge's name, the criminal complaint alleged, and the fact that you presented the verified
[28:39.800 --> 28:45.520]  criminal complaint to the magistrate and the magistrate failed to issue a warrant.
[28:45.520 --> 28:50.320]  It's all the facts that are needed.
[28:50.320 --> 28:57.000]  And you file a suit against him in his personal capacity.
[28:57.000 --> 29:00.760]  This will change everything.
[29:00.760 --> 29:05.800]  You might explain why personal capacity.
[29:05.800 --> 29:13.640]  Judges have immunity when they exercise their judicial discretion.
[29:13.640 --> 29:25.240]  Judges are asked to rule on contrasting sets of facts and find the best justice they can.
[29:25.240 --> 29:30.480]  And when they do that, somebody's not going to be happy.
[29:30.480 --> 29:33.200]  Somebody's not going to get the ruling they want.
[29:33.200 --> 29:37.600]  So the courts have said when a judge does that, he's protected.
[29:37.600 --> 29:45.080]  Even if he acts malicious, cannot sue a judge when he exercises his judicial discretion.
[29:45.080 --> 29:53.120]  But when a judge is ordered to do a specific thing, that involves no discretion.
[29:53.120 --> 30:03.440]  But when he fails to do that, he violates a law relating to his office, he has no immunity.
[30:03.440 --> 30:04.440]  We'll be right back.
[30:04.440 --> 30:06.080]  It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.080 --> 30:07.080]  affected our health?
[30:07.080 --> 30:11.240]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how
[30:11.240 --> 30:15.520]  cell phones may actually alter our brain chemistry.
[30:15.520 --> 30:17.120]  Privacy is under attack.
[30:17.120 --> 30:20.720]  When you give up data about yourself, you'll never get it back again.
[30:20.720 --> 30:25.520]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:25.520 --> 30:30.640]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.640 --> 30:33.280]  Privacy, it's worth hanging on to.
[30:33.280 --> 30:37.560]  This public service announcement is brought to you by StartPage.com, the private search
[30:37.560 --> 30:41.120]  engine alternative to Google, Yahoo, and Bing.
[30:41.120 --> 30:44.920]  Start over with StartPage.
[30:44.920 --> 30:47.040]  Cell phones emit radio frequency energy.
[30:47.040 --> 30:48.040]  It's a fact.
[30:48.040 --> 30:51.680]  Whether it's dangerous to have a phone beaming this kind of radiation near your head has
[30:51.680 --> 30:52.680]  been disputed.
[30:52.680 --> 30:57.040]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.040 --> 31:01.440]  Well, now the Journal of the American Medical Association is confirming that cell phones
[31:01.440 --> 31:02.680]  affect brain chemistry.
[31:02.680 --> 31:08.080]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.080 --> 31:11.760]  to the cell phone antenna increases when the cell phone is on.
[31:11.760 --> 31:15.680]  While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:15.680 --> 31:16.680]  chances.
[31:16.680 --> 31:20.120]  I always keep the phone far from my body, and I use a corded headset.
[31:20.120 --> 31:22.120]  I'm Dr. Catherine Albrecht.
[31:22.120 --> 31:30.520]  More news and information at CatherineAlbrecht.com.
[31:30.520 --> 31:31.520]  I lost my son.
[31:31.520 --> 31:32.520]  My nephew.
[31:32.520 --> 31:33.520]  My uncle.
[31:33.520 --> 31:34.520]  My son.
[31:34.520 --> 31:35.520]  On September 11th, 2001.
[31:35.520 --> 31:38.800]  Most people don't know that a third tower fell on September 11th.
[31:38.800 --> 31:42.920]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.920 --> 31:48.760]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.760 --> 31:52.520]  and engineers have looked into the evidence and believe there is more to the story.
[31:52.520 --> 31:54.000]  Bring justice to my son.
[31:54.000 --> 31:55.000]  My uncle.
[31:55.000 --> 31:56.000]  My nephew.
[31:56.000 --> 31:57.000]  My son.
[31:57.000 --> 31:58.000]  Go to buildingwhat.org.
[31:58.000 --> 31:59.000]  Why it fell.
[31:59.000 --> 32:00.000]  Why it matters.
[32:00.000 --> 32:01.720]  And what you can do.
[32:01.720 --> 32:06.120]  Are you looking to have a closer relationship with God and a better understanding of His
[32:06.120 --> 32:07.120]  Word?
[32:07.120 --> 32:12.240]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture
[32:12.240 --> 32:18.640]  Talk where Nana and her guests discuss the scriptures in accord with 2 Timothy 2.15.
[32:18.640 --> 32:23.160]  Study to show thyself approved unto God, a workman that needed not to be ashamed, rightly
[32:23.160 --> 32:25.560]  dividing the word of truth.
[32:25.560 --> 32:29.540]  Starting in January, our first hour studies are in the Book of Mark where we'll go verse
[32:29.540 --> 32:32.840]  by verse and discuss the true gospel message.
[32:32.840 --> 32:37.480]  Our second hour topical studies will vary each week with discussions on sound doctrine
[32:37.480 --> 32:39.880]  and Christian character development.
[32:39.880 --> 32:44.400]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.400 --> 32:48.720]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.720 --> 32:51.000]  of our Lord and Savior Jesus.
[32:51.000 --> 32:57.640]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and
[32:57.640 --> 33:00.200]  motivate your studies of the scriptures.
[33:00.200 --> 33:10.400]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[34:00.200 --> 34:24.120]  And we're talking about how to take the system back.
[34:24.120 --> 34:30.120]  Right now in Texas, if you attempt to file a criminal complaint with a public official,
[34:30.120 --> 34:37.880]  the public official will get that complaint and they will throw it in the trash and do
[34:37.880 --> 34:39.440]  nothing.
[34:39.440 --> 34:53.720]  So what that does is violate Texas Constitution Article 1, Section 28 that says that the public
[34:53.720 --> 34:55.600]  shall not be disenfranchised.
[34:55.600 --> 35:02.320]  It says a little bit more than that, but I don't have that one completely memorized.
[35:02.320 --> 35:13.200]  That disenfranchises the public as it takes the criminal justice system out of our control.
[35:13.200 --> 35:19.900]  And that is absolutely key to the checks and balances written into the system.
[35:19.900 --> 35:25.720]  So I have filed a lawsuit against all the highest judges in Texas, and this is something
[35:25.720 --> 35:32.760]  else Brett gave me, 17.024, is that correct, Brett?
[35:32.760 --> 35:34.240]  Yes.
[35:34.240 --> 35:42.400]  In the last legislative session, the legislature passed Texas Code of Criminal Procedure Article
[35:42.400 --> 35:46.520]  17.024.
[35:46.520 --> 35:55.160]  And it said that the Office of Court Administration in consultation with the Texas Court of Criminal
[35:55.160 --> 36:05.600]  Appeals shall develop curriculum for magistrates in the setting of bail and other duties.
[36:05.600 --> 36:10.800]  I've read that and it was like this huge light bulb came on.
[36:10.800 --> 36:14.640]  Yeah, points the finger of responsibility.
[36:14.640 --> 36:15.640]  Yes.
[36:15.640 --> 36:20.080]  We're looking at 254 counties.
[36:20.080 --> 36:28.800]  And if anybody's ever seen on when I had jurisprudence up, I had a writ of habeas corpus on the front
[36:28.800 --> 36:30.200]  of it.
[36:30.200 --> 36:39.460]  And it went through 19 felony and misdemeanor allegations to be made in every single arrest
[36:39.460 --> 36:42.360]  in Texas.
[36:42.360 --> 36:51.280]  Everything from arrest to trial as presently practiced is not only wrong, it is very specifically
[36:51.280 --> 36:53.600]  against particular law.
[36:53.600 --> 37:00.600]  It's not just against particular law, it's against particular law for a very specific
[37:00.600 --> 37:02.860]  purpose.
[37:02.860 --> 37:08.880]  Everything is designed to place a person accused of crime in a position such that they have
[37:08.880 --> 37:13.560]  no reasonable option to taking a deal.
[37:13.560 --> 37:21.980]  And it is so effective that the average conviction rate for all crimes across the board in Texas
[37:21.980 --> 37:25.760]  is 99.6.
[37:25.760 --> 37:27.440]  They've done a really good job.
[37:27.440 --> 37:32.080]  This is the worst police state the world's ever seen.
[37:32.080 --> 37:39.480]  China incarcerates approximately 121 persons per 100,000.
[37:39.480 --> 37:43.800]  Russia, three times that amount, 357.
[37:43.800 --> 37:50.120]  The United States as a whole, 657.
[37:50.120 --> 37:56.800]  Texas, 840 and climbing fast.
[37:56.800 --> 37:58.180]  This is outrageous.
[37:58.180 --> 38:00.760]  We should be ashamed.
[38:00.760 --> 38:02.640]  So what is wrong?
[38:02.640 --> 38:09.600]  Well, first off, they don't pay people directly to the nearest magistrate.
[38:09.600 --> 38:16.560]  But the most critical problem is, it's not just that something's wrong.
[38:16.560 --> 38:21.840]  Our check and balance has been removed.
[38:21.840 --> 38:29.720]  Public officials refuse to take criminal complaints against public officials.
[38:29.720 --> 38:38.620]  All over the state, in every arrest all over the state, 19 felony and misdemeanor criminal
[38:38.620 --> 38:41.440]  accusations to be made.
[38:41.440 --> 38:51.680]  How is it that we have 254 counties with 254 sheriffs?
[38:51.680 --> 38:55.100]  All of them are doing things wrong.
[38:55.100 --> 39:00.920]  And all of them are doing things wrong exactly the same way.
[39:00.920 --> 39:06.160]  Oh, it's just a coincidence.
[39:06.160 --> 39:07.880]  One heck of a coincidence.
[39:07.880 --> 39:15.880]  And then when Brett pointed me at 17.024, I got a holy mackerel moment.
[39:15.880 --> 39:19.040]  That is the key.
[39:19.040 --> 39:26.060]  Everybody has been trained to do it wrong, and they have all been trained by a singular
[39:26.060 --> 39:29.120]  source.
[39:29.120 --> 39:36.120]  The Office of Court Administration, who are not lawyers, they are judges themselves, who
[39:36.120 --> 39:43.000]  have been instructed by the highest court in Texas for criminal, Texas Court of Criminal
[39:43.000 --> 39:45.360]  Appeals.
[39:45.360 --> 39:55.000]  Now, trying to be a reasonable person of ordinary prudence, it's unreasonable to construe that
[39:55.000 --> 40:02.280]  all of these judges got together and said, hey, let's screw everybody in Texas.
[40:02.280 --> 40:07.960]  Nah, that's no way that's how it happened.
[40:07.960 --> 40:15.640]  These started with seemingly minor adjustments toward administrative convenience and adjudicative
[40:15.640 --> 40:19.000]  expediency.
[40:19.000 --> 40:24.160]  Prosecutors made minor adjustments, the police made minor adjustments.
[40:24.160 --> 40:31.120]  And you and I, we didn't stand up and rail in righteous indignation the first time one
[40:31.120 --> 40:35.680]  of our public officials stepped half inch across the legal line.
[40:35.680 --> 40:41.760]  So they made some adjustments, it worked out pretty good for them, and then they made some
[40:41.760 --> 40:46.840]  more adjustments just a little bit at a time.
[40:46.840 --> 40:52.480]  And then 40 years down the road, we look back and say, how in the heck did we ever get in
[40:52.480 --> 40:55.160]  this mess?
[40:55.160 --> 40:58.160]  We got into it a little bit at a time.
[40:58.160 --> 41:05.560]  And the other problem that creates is as much as we might want there to be one, there is
[41:05.560 --> 41:18.360]  no one we can point at and condemn beyond all redemption than rail at in righteous indignation.
[41:18.360 --> 41:20.720]  There's no bad guy back there.
[41:20.720 --> 41:28.640]  Okay, there may be some bad guys in the system, but it wasn't the bad guys who created this
[41:28.640 --> 41:29.640]  mess.
[41:29.640 --> 41:32.760]  It was the good guys.
[41:32.760 --> 41:42.040]  It was the good guys trying to make the system work as best they could given their limited
[41:42.040 --> 41:46.320]  budgets and resources.
[41:46.320 --> 41:57.680]  The problem was they failed to follow the black letter law to the letter of the law.
[41:57.680 --> 42:03.840]  They made these little adjustments and these little adjustments had consequences they did
[42:03.840 --> 42:07.480]  not intend or anticipate.
[42:07.480 --> 42:09.960]  Okay, we got it.
[42:09.960 --> 42:13.920]  The system is a mess right now, so how do we fix it?
[42:13.920 --> 42:20.000]  First thing we do is start suing judges at every opportunity.
[42:20.000 --> 42:30.680]  We sue them very specifically for violating a particular statutory requirement, 15.09
[42:30.680 --> 42:33.800]  Texas Code of Criminal Procedure.
[42:33.800 --> 42:40.520]  If we have a public official step outside of the legal line, and I'm going to suggest
[42:40.520 --> 42:55.200]  the best thing to file are the nitpicking things, the tiny little adjustments, the smaller
[42:55.200 --> 42:58.200]  the better.
[42:58.200 --> 43:05.840]  I go into the city of Arlington Municipal Court and I asked to see about 10 different
[43:05.840 --> 43:11.800]  case numbers all in a row, and the clerk said, are you an attorney?
[43:11.800 --> 43:16.920]  Oh, no, no, sleep well at night, keep me as my own pockets, thank you very much.
[43:16.920 --> 43:17.920]  Are you the accused?
[43:17.920 --> 43:21.840]  Oh, no, I'm a good guy, I never do anything wrong.
[43:21.840 --> 43:29.280]  Well, if you're not the attorney or the accused, you can't see those records.
[43:29.280 --> 43:38.760]  Now I could have gave her legal advice, told her what the law said, but I'm not her attorney
[43:38.760 --> 43:41.440]  and I wanted to give her an object lesson.
[43:41.440 --> 43:48.680]  When we come back on the side, I'll address how I gave her the object lesson and assure
[43:48.680 --> 43:53.840]  you if you go to Arlington, Texas and ask to see their records, you won't get any crap
[43:53.840 --> 44:00.600]  out of it.
[44:00.600 --> 44:05.200]  Through advances in technology, our lives have greatly improved, except in the area
[44:05.200 --> 44:06.600]  of nutrition.
[44:06.600 --> 44:10.440]  People feed their pets better than they feed themselves, and it's time we changed all
[44:10.440 --> 44:11.440]  that.
[44:11.440 --> 44:17.640]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[44:17.640 --> 44:23.400]  In a world where natural foods have been irradiated, adulterated and mutilated, young Jevety can
[44:23.400 --> 44:25.640]  provide the nutrients you need.
[44:25.640 --> 44:30.480]  Logos Radio Network gets many requests to endorse all sorts of products, most of which
[44:30.480 --> 44:31.480]  we reject.
[44:31.480 --> 44:36.840]  We have come to trust Young Jevety so much, we became a marketing distributor along with
[44:36.840 --> 44:39.680]  Alex Jones, Ben Fuchs and many others.
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[44:45.960 --> 44:47.600]  quality radio.
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[44:59.600 --> 45:04.280]  Are you the plaintiff or defendant in a lawsuit?
[45:04.280 --> 45:11.040]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
[45:11.040 --> 45:14.920]  that will show you how in 24 hours, step by step.
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[46:23.440 --> 46:24.440]  Yeah.
[46:24.440 --> 46:29.440]  Always, I must be careful what I'm wishing for.
[46:29.440 --> 46:35.440]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.440 --> 46:41.440]  I ain't asking for much, I ain't trying to be no glutton.
[46:41.440 --> 46:46.440]  I'm just here making my living pushing buttons.
[46:46.440 --> 46:52.440]  I give my message out to anyone in shot and distance.
[46:52.440 --> 46:58.440]  I vote for bravery and against slavery, show resistance.
[46:58.440 --> 47:03.440]  First I'm crawling, then I'm walking, then I start strutting.
[47:03.440 --> 47:07.440]  I'm just so glad to make my living pushing buttons.
[47:07.440 --> 47:08.440]  Okay.
[47:08.440 --> 47:09.440]  We are back.
[47:09.440 --> 47:13.440]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[47:13.440 --> 47:16.440]  Chris, Jack, I see you there.
[47:16.440 --> 47:27.440]  I will get to you, but I'm building an archive here, trying to create a posture.
[47:27.440 --> 47:32.440]  The posture is demonstrated by what I did to this clerk in Arlington.
[47:32.440 --> 47:38.440]  I told her I wanted to see these records, and she's commanded by law to make them available
[47:38.440 --> 47:42.440]  to me on request.
[47:42.440 --> 47:53.440]  But I guess she hadn't had many questions of this nature and was not adequately trained.
[47:53.440 --> 48:00.440]  So she decided that I couldn't see these records if I wasn't an attorney or the accused.
[48:00.440 --> 48:01.440]  Yeah.
[48:01.440 --> 48:04.440]  There's mandatory training.
[48:04.440 --> 48:09.440]  They have to have training when they first take office, and they have to have training every year.
[48:09.440 --> 48:11.440]  So that's another problem.
[48:11.440 --> 48:13.440]  She should have known better.
[48:13.440 --> 48:21.440]  And she may have, but she was just busy and didn't want to be bothered by me.
[48:21.440 --> 48:27.440]  And what I needed to do was get her attention, and I didn't want to cause her any harm.
[48:27.440 --> 48:29.440]  It's like my grandkids.
[48:29.440 --> 48:36.440]  If one of them runs out in the road, even if there's no cars coming, I'm fixing to tan his hide.
[48:36.440 --> 48:39.440]  Now, I don't want to do him any harm.
[48:39.440 --> 48:42.440]  I just want to get his attention.
[48:42.440 --> 48:49.440]  So now I could have told her what the law said, but that would violate one of my rules.
[48:49.440 --> 48:51.440]  I have this rule.
[48:51.440 --> 48:56.440]  Never give fair warning.
[48:56.440 --> 48:58.440]  Oh, I got this right.
[48:58.440 --> 48:59.440]  I got that right.
[48:59.440 --> 49:01.440]  You're supposed to do this, and you're supposed to do that.
[49:01.440 --> 49:02.440]  No, no, no.
[49:02.440 --> 49:05.440]  Never, ever do that.
[49:05.440 --> 49:12.440]  Because when they do that, they're going to consider you to be agitated.
[49:12.440 --> 49:16.440]  And then they got all kind of stuff they do when you're agitated.
[49:16.440 --> 49:22.440]  So you are the sovereign.
[49:22.440 --> 49:27.440]  I don't like using sovereign because that term has been tainted.
[49:27.440 --> 49:30.440]  You are the citizen in a republic.
[49:30.440 --> 49:34.440]  All your public officials work for you.
[49:34.440 --> 49:36.440]  So you're the boss.
[49:36.440 --> 49:37.440]  They're the servant.
[49:37.440 --> 49:38.440]  You're the master.
[49:38.440 --> 49:39.440]  They're the servants.
[49:39.440 --> 49:41.440]  So I act like the master.
[49:41.440 --> 49:45.440]  I don't explain myself to my servants.
[49:45.440 --> 49:52.440]  I tell them what I want done, and if they don't do what I want done, then I take corrective action.
[49:52.440 --> 49:57.440]  So I could have told her what the law said, but instead I called the bailiff.
[49:57.440 --> 50:00.440]  There's a bailiff standing in the middle of the room with his arms crossed.
[50:00.440 --> 50:01.440]  He's a big guy.
[50:01.440 --> 50:05.440]  He's head and shoulders taller than everybody else.
[50:05.440 --> 50:08.440]  Hey, bailiff!
[50:08.440 --> 50:13.440]  Well, he didn't like being shouted at.
[50:13.440 --> 50:15.440]  What can I do for you?
[50:15.440 --> 50:18.440]  He stormed over and said, what can I do for you?
[50:18.440 --> 50:21.440]  Arrest that woman.
[50:21.440 --> 50:24.440]  That took him back a step.
[50:24.440 --> 50:28.440]  Then all of a sudden he wasn't so aggressive and said, well, why would I arrest her?
[50:28.440 --> 50:33.440]  Class A misdemeanor, official oppression, criminal violation 39.03 Texas Penal Code,
[50:33.440 --> 50:36.440]  in that she failed to perform a duty she is required to perform,
[50:36.440 --> 50:43.440]  and in the process denied me the full and free access to or enjoyment of a right.
[50:43.440 --> 50:45.440]  Well, what right did she deny you in?
[50:45.440 --> 50:48.440]  She didn't show me her records.
[50:48.440 --> 50:52.440]  The bailiff said, are you an attorney?
[50:52.440 --> 50:53.440]  Oh, no, no.
[50:53.440 --> 50:56.440]  Sleep well at night and keep hands of own pockets.
[50:56.440 --> 50:58.440]  Thank you very much.
[50:58.440 --> 50:59.440]  Are you the accused?
[50:59.440 --> 51:00.440]  Oh, no, no, no.
[51:00.440 --> 51:02.440]  I never do anything wrong.
[51:02.440 --> 51:08.440]  Well, if you're not the lawyer or the accused, you can't see those records.
[51:08.440 --> 51:10.440]  Oh, wow.
[51:10.440 --> 51:14.440]  You shouldn't have said that.
[51:14.440 --> 51:16.440]  Took out my cell phone.
[51:16.440 --> 51:20.440]  He said, you can't use a cell phone in this building.
[51:20.440 --> 51:25.440]  I looked up at him and said, are you going to interfere with a 911 call?
[51:25.440 --> 51:27.440]  And the clerk said, oh, leave him alone.
[51:27.440 --> 51:33.440]  He's just trying to get you to do something so he can try to get you arrested.
[51:33.440 --> 51:38.440]  I looked over at her and said, sorry, hon, too late for that.
[51:38.440 --> 51:40.440]  Hit 911.
[51:40.440 --> 51:48.440]  The bailiff showed up, and I got a captain, and the captain referred me to his supervisor.
[51:48.440 --> 51:51.440]  And the supervisor came out and said, what can I do for you?
[51:51.440 --> 51:57.440]  I said, I need you to arrest him, and I need you to arrest her.
[51:57.440 --> 52:09.440]  All of the stuff I would have said to the clerk or to the bailiff, I said to the bailiff's boss while I'm reading him the riot act.
[52:09.440 --> 52:13.440]  I didn't want either one of those two arrested.
[52:13.440 --> 52:17.440]  But I'm being the master of the servants.
[52:17.440 --> 52:21.440]  I'm being the adult in the room.
[52:21.440 --> 52:24.440]  This is our job.
[52:24.440 --> 52:31.440]  If the system's in a mess, it's our fault.
[52:31.440 --> 52:35.440]  Because we set back and took the easy path.
[52:35.440 --> 52:44.440]  And when our public officials started stepping across legal lines, we didn't jump up and rail in righteous indignation.
[52:44.440 --> 52:47.440]  We just let it be because it was easier.
[52:47.440 --> 52:55.440]  And we get all these people on here wanting to blame the public officials for the problems that we're having.
[52:55.440 --> 52:59.440]  Sorry, guys, public officials are not the problem.
[52:59.440 --> 53:01.440]  You are the problem.
[53:01.440 --> 53:04.440]  And I'm the problem.
[53:04.440 --> 53:09.440]  So this show is about how we stop being the problem.
[53:09.440 --> 53:16.440]  So we have 15.09 now.
[53:16.440 --> 53:26.440]  I take a criminal complaint against this clerk and a criminal complaint against the bailiff and a criminal complaint against his boss for not arresting both of them.
[53:26.440 --> 53:32.440]  Now, he can't arrest both of them because he didn't see the offense occur.
[53:32.440 --> 53:33.440]  But I don't care.
[53:33.440 --> 53:40.440]  I'm going to take a criminal complaint against him anyway and give it to some magistrate.
[53:40.440 --> 53:47.440]  And when the magistrate doesn't issue warrants forthwith, then I file suit against the magistrate.
[53:47.440 --> 53:49.440]  Or at least a summons.
[53:49.440 --> 53:57.440]  15.03 says any situation where he could issue a warrant, he may also just decide that he'd rather issue a summons.
[53:57.440 --> 54:01.440]  So if he didn't do either one.
[54:01.440 --> 54:06.440]  For my purposes, a summons is better.
[54:06.440 --> 54:09.440]  It's more friendly.
[54:09.440 --> 54:15.440]  And I read somewhere in one of the codes mentioned a friendly summons.
[54:15.440 --> 54:21.440]  But while it's more it's not as aggressive.
[54:21.440 --> 54:30.440]  Whoever the individual is has to come before the magistrate and stand and answer.
[54:30.440 --> 54:42.440]  He has to explain herself to the magistrate and why she should not be charged with tampering with a violation of the Open Media Act.
[54:42.440 --> 54:44.440]  No, this is a court.
[54:44.440 --> 54:52.440]  So she charged with a violation of Article 1, Section 10, Texas Constitution.
[54:52.440 --> 54:54.440]  Explain it to the judge.
[54:54.440 --> 54:56.440]  Now, I don't want her arrested.
[54:56.440 --> 54:59.440]  I don't even want her prosecuted.
[54:59.440 --> 55:08.440]  But what do you think is going to happen when she gets through explaining to the judge and the judge tells her don't let this happen again?
[55:08.440 --> 55:12.440]  She goes back to her her job.
[55:12.440 --> 55:22.440]  And somebody tells her that this person has to be a lawyer or an accused before you can show him record.
[55:22.440 --> 55:25.440]  She's going to set him straight.
[55:25.440 --> 55:29.440]  She says, oh, no, you don't put me in that position.
[55:29.440 --> 55:31.440]  Yeah, you want to withhold these records?
[55:31.440 --> 55:34.440]  You come down here and withhold these records.
[55:34.440 --> 55:37.440]  I'm not going to do it.
[55:37.440 --> 55:40.440]  This is how we're going to take the system back.
[55:40.440 --> 55:45.440]  And more than that, that clerk.
[55:45.440 --> 55:50.440]  She has to look out at every person who walks in the door.
[55:50.440 --> 55:56.440]  And wonder which one's going to do that to her again.
[55:56.440 --> 55:58.440]  This is how we get our system back.
[55:58.440 --> 56:03.440]  I sued all the highest judges in Texas.
[56:03.440 --> 56:23.440]  I accused them of counseling the Office of Court Administration in practices and procedures that amounted to a racket inspired criminal enterprise.
[56:23.440 --> 56:25.440]  Rico.
[56:25.440 --> 56:40.440]  They advised instead of creating curriculum for the setting of bail and other duties, they conspired with these magistrates toward an ongoing criminal enterprise.
[56:40.440 --> 56:48.440]  Now, I'm sure these judges didn't intend to do anything like that.
[56:48.440 --> 56:55.440]  It was their intent to train these magistrates in how the system works.
[56:55.440 --> 56:58.440]  Therein lies the problem.
[56:58.440 --> 57:07.440]  They trained these magistrates in how the system works, not in what the law commands them to do.
[57:07.440 --> 57:22.440]  And because they trained them in how the system works, that cannot be construed as to be in line with the legislative intent of 17.024.
[57:22.440 --> 57:27.440]  Now, I'm sure they wasn't thinking that.
[57:27.440 --> 57:31.440]  When they became a lawyer, this is how things were done.
[57:31.440 --> 57:42.440]  And then they became a judge, and this is how things were done. And then they went to the appellate courts, and this is how things were done.
[57:42.440 --> 57:45.440]  They're just doing things the way things have already been done.
[57:45.440 --> 57:49.440]  Now, I sue them personally.
[57:49.440 --> 57:52.440]  They're going to have to read this pleading.
[57:52.440 --> 57:55.440]  They're going to read this pleading very carefully.
[57:55.440 --> 58:06.440]  And if I've done my job right, they're going to say, guys, we don't want this to happen again.
[58:06.440 --> 58:15.440]  And they will actually create curriculum that directs police and public officials to do it the way the law commands.
[58:15.440 --> 58:21.440]  And I'm hoping that this inspires other people.
[58:21.440 --> 58:23.440]  Look at what's wrong.
[58:23.440 --> 58:27.440]  Don't go in there to beat up the public officials.
[58:27.440 --> 58:29.440]  Treat them like your grandkids.
[58:29.440 --> 58:32.440]  Just go in there to discipline them.
[58:32.440 --> 58:34.440]  Force them back in line.
[58:34.440 --> 58:36.440]  And we can take control of this system.
[58:36.440 --> 58:40.440]  When we come back on the other side, we're going to go to college.
[58:40.440 --> 58:43.440]  We have a couple of empty spots on the board.
[58:43.440 --> 58:47.440]  So if you have a question or comment, give us a call.
[58:47.440 --> 58:49.440]  No time for the number.
[58:49.440 --> 58:53.440]  Would you like to make more definite progress in your walk with God?
[58:53.440 --> 59:00.440]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:00.440 --> 59:05.440]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:05.440 --> 59:12.440]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:12.440 --> 59:17.440]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.440 --> 59:23.440]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:23.440 --> 59:27.440]  growing in Christ, and how to build up the Church.
[59:27.440 --> 59:33.440]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.440 --> 59:44.440]  call Bibles for America toll free at 888-551-0102.
[59:44.440 --> 59:49.440]  Or visit us online at bfa.org.
[59:49.440 --> 59:59.440]  Live, free speech radio, logosradionetwork.com.
[59:59.440 --> 01:00:05.440]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.440 --> 01:00:08.440]  They guarantee the specific freedoms Americans should know and protect.
[01:00:08.440 --> 01:00:10.440]  Our liberty depends on it.
[01:00:10.440 --> 01:00:16.440]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:16.440 --> 01:00:18.440]  Privacy is under attack.
[01:00:18.440 --> 01:00:22.440]  When you give up data about yourself, you'll never get it back again.
[01:00:22.440 --> 01:00:26.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:26.440 --> 01:00:28.440]  So protect your rights.
[01:00:28.440 --> 01:00:32.440]  Say no to surveillance and keep your information to yourself.
[01:00:32.440 --> 01:00:34.440]  Privacy, it's worth hanging on to.
[01:00:34.440 --> 01:00:38.440]  This public service announcement is brought to you by StartPage.com,
[01:00:38.440 --> 01:00:42.440]  the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.440 --> 01:00:45.440]  Start over with StartPage.
[01:00:45.440 --> 01:00:48.440]  Imagine your mom and dad are getting ready for bed.
[01:00:48.440 --> 01:00:51.440]  They pull back the covers and find a third party there.
[01:00:51.440 --> 01:00:54.440]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.440 --> 01:01:00.440]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:00.440 --> 01:01:06.440]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[01:01:06.440 --> 01:01:09.440]  Third party? Third Amendment? Get it?
[01:01:09.440 --> 01:01:12.440]  So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:12.440 --> 01:01:17.440]  tell them to dust off their copy of the Bill of Rights and re-read the Third Amendment.
[01:01:17.440 --> 01:01:21.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.440 --> 01:01:35.440]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.440 --> 01:01:38.440]  They guarantee the specific freedoms Americans should know and protect.
[01:01:38.440 --> 01:01:40.440]  Our liberty depends on it.
[01:01:40.440 --> 01:01:46.440]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:46.440 --> 01:01:48.440]  Privacy is under attack.
[01:01:48.440 --> 01:01:52.440]  When you give up data about yourself, you'll never get it back again.
[01:01:52.440 --> 01:01:57.440]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.440 --> 01:02:02.440]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:02:02.440 --> 01:02:05.440]  Privacy. It's worth hanging on to.
[01:02:05.440 --> 01:02:08.440]  This public service announcement is brought to you by StartPage.com,
[01:02:08.440 --> 01:02:12.440]  the private search engine alternative to Google, Yahoo, and Bing.
[01:02:12.440 --> 01:02:15.440]  Start over with StartPage.
[01:02:15.440 --> 01:02:21.440]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:21.440 --> 01:02:27.440]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure.
[01:02:27.440 --> 01:02:30.440]  Fourth Amendment? Four eyes staring at you? Get it?
[01:02:30.440 --> 01:02:34.440]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[01:02:34.440 --> 01:02:39.440]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:39.440 --> 01:02:43.440]  When government employees demand a peep at your privates without probable cause,
[01:02:43.440 --> 01:02:46.440]  I say it's time to sound the constitutional alarm bells.
[01:02:46.440 --> 01:02:49.440]  Join me in asking our representatives to dust off the Bill of Rights
[01:02:49.440 --> 01:02:53.440]  and use their googly eyes to take a gander at the Fourth.
[01:02:53.440 --> 01:03:00.440]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:24.440 --> 01:03:27.440]  Okay, we are back.
[01:03:27.440 --> 01:03:37.440]  Randy Kelton, Brett Fountain, and the Wheel of Law Radio on this Friday, the 26th day of May, 2023.
[01:03:37.440 --> 01:03:41.440]  And we're going to our callers. We're going to go to Chris in Colorado.
[01:03:41.440 --> 01:03:46.440]  Hello, Chris. What do you have for us today?
[01:03:46.440 --> 01:03:48.440]  Hey, guys.
[01:03:48.440 --> 01:03:50.440]  Good evening.
[01:03:50.440 --> 01:03:56.440]  Hi. I got kind of a lesson in what you were talking about earlier.
[01:03:56.440 --> 01:04:01.440]  I didn't know, after having a semi-decent experience in federal court,
[01:04:01.440 --> 01:04:05.440]  I didn't think I could have a bad experience in the court system.
[01:04:05.440 --> 01:04:11.440]  But my God, Monday I filed the lawsuit against the insurance company,
[01:04:11.440 --> 01:04:16.440]  and I made sure that I had until midnight to make sure they stamp it like they do in federal.
[01:04:16.440 --> 01:04:21.440]  If you get an e-file, then the next day they'll stamp it for the previous day.
[01:04:21.440 --> 01:04:24.440]  And I made sure I had instructions on how to do it and where to go and everything.
[01:04:24.440 --> 01:04:29.440]  But when I started uploading the things, I had an error with one of the forms.
[01:04:29.440 --> 01:04:31.440]  They have cover letters and et cetera, et cetera.
[01:04:31.440 --> 01:04:35.440]  And it was just always this triangle with an explanation point saying error.
[01:04:35.440 --> 01:04:41.440]  So I tried different forms of making one PDF out of all the documents to complain and everything.
[01:04:41.440 --> 01:04:43.440]  And so I had like four or five different things uploaded.
[01:04:43.440 --> 01:04:48.440]  The next morning I get an email and it says your documents have been rejected.
[01:04:48.440 --> 01:04:51.440]  They didn't even read through what I put in there.
[01:04:51.440 --> 01:04:55.440]  They just said, because I didn't have three separate things as they're normally accustomed to,
[01:04:55.440 --> 01:04:58.440]  they rejected the documents.
[01:04:58.440 --> 01:05:06.440]  So I call in, I try to explain, come on, you had an error in the system, and they get to a supervisor.
[01:05:06.440 --> 01:05:08.440]  Supervisor said, yeah, okay, I see it there.
[01:05:08.440 --> 01:05:11.440]  Normally this isn't how we do it, but I'll get it in for you.
[01:05:11.440 --> 01:05:13.440]  I'll do that for you.
[01:05:13.440 --> 01:05:20.440]  But we also got in the conversation that the week before I called around to try to understand the hierarchy,
[01:05:20.440 --> 01:05:22.440]  how the court systems in Illinois work.
[01:05:22.440 --> 01:05:26.440]  You know, you have federal court, you have state court, small claims, you have municipal courts, all that kind of stuff.
[01:05:26.440 --> 01:05:30.440]  And I wanted to know where the state court was because I'm bringing state law issues.
[01:05:30.440 --> 01:05:38.440]  And I have never been through a merry-go-round of incompetence like this before,
[01:05:38.440 --> 01:05:41.440]  except with dealing with the police a lot of times.
[01:05:41.440 --> 01:05:44.440]  Nobody knew what the court systems were.
[01:05:44.440 --> 01:05:47.440]  I talked to almost everybody in the helpline.
[01:05:47.440 --> 01:05:48.440]  They have a court help system.
[01:05:48.440 --> 01:05:49.440]  They didn't know.
[01:05:49.440 --> 01:05:54.440]  I talked to the actual intake people who were in the different divisions.
[01:05:54.440 --> 01:05:57.440]  They didn't know.
[01:05:57.440 --> 01:06:00.440]  Wow, that's embarrassing.
[01:06:00.440 --> 01:06:01.440]  It was a joke.
[01:06:01.440 --> 01:06:06.440]  And so finally I put enough pieces together that I realized, okay, there's this circuit court,
[01:06:06.440 --> 01:06:08.440]  and then there's all these divisions of the circuit court.
[01:06:08.440 --> 01:06:13.440]  If I just get it in one of these two within civil, the judge is going to sort it out eventually.
[01:06:13.440 --> 01:06:18.440]  But I'm just going to put a title on it and hope to God it lands somewhere.
[01:06:18.440 --> 01:06:21.440]  But I could not believe they didn't even know this.
[01:06:21.440 --> 01:06:23.440]  So, you know, there were some good people.
[01:06:23.440 --> 01:06:25.440]  There were some nice people, but they still didn't know.
[01:06:25.440 --> 01:06:32.440]  So I get to the supervisor in the e-file, and she started commenting again about something about how this is different than federal court.
[01:06:32.440 --> 01:06:34.440]  I said, I get that. I know that.
[01:06:34.440 --> 01:06:37.440]  And then she said, well, and then something about state court came up.
[01:06:37.440 --> 01:06:38.440]  She said, we're not state court.
[01:06:38.440 --> 01:06:41.440]  We're county court.
[01:06:41.440 --> 01:06:42.440]  I said, I'm sorry?
[01:06:42.440 --> 01:06:43.440]  She said, yeah, we're county court.
[01:06:43.440 --> 01:06:45.440]  We're not state court.
[01:06:45.440 --> 01:06:49.440]  And I said, okay, but you are a court within the state, essentially Illinois.
[01:06:49.440 --> 01:06:52.440]  You're just the county division for Cook County, right?
[01:06:52.440 --> 01:06:53.440]  Well, we're Cook County.
[01:06:53.440 --> 01:06:54.440]  We're not a state court.
[01:06:54.440 --> 01:06:57.440]  I said, well, where's the state court?
[01:06:57.440 --> 01:06:59.440]  She couldn't answer the question.
[01:06:59.440 --> 01:07:08.440]  And this is like, this is a supervisor for the intake for Cook County, circuit court of Cook County, law division, by the way.
[01:07:08.440 --> 01:07:09.440]  There's multiple divisions.
[01:07:09.440 --> 01:07:13.440]  And I finally got a little frustrated, but I didn't try to express it.
[01:07:13.440 --> 01:07:16.440]  I said, okay, I don't know if we've gotten to an answer here.
[01:07:16.440 --> 01:07:21.440]  How about I just go back to the help desk and I'll get the answer there.
[01:07:21.440 --> 01:07:22.440]  Maybe they know.
[01:07:22.440 --> 01:07:25.440]  And all of a sudden she flipped like Jekyll and Hyde.
[01:07:25.440 --> 01:07:28.440]  I don't know what the female version of that is, but oh, my God.
[01:07:28.440 --> 01:07:30.440]  She flipped and she said, well, why do you need to talk to them?
[01:07:30.440 --> 01:07:31.440]  I'm a supervisor.
[01:07:31.440 --> 01:07:33.440]  You're talking to a supervisor.
[01:07:33.440 --> 01:07:34.440]  Well, you have a nice day.
[01:07:34.440 --> 01:07:36.440]  Click.
[01:07:36.440 --> 01:07:38.440]  Hung up on me.
[01:07:38.440 --> 01:07:44.440]  And so I didn't know if she was going to file my paper like she said she was going to or what was going to go.
[01:07:44.440 --> 01:07:50.440]  So I'm losing it at this point and I'm calling back and all of a sudden she's refusing to take the call.
[01:07:50.440 --> 01:07:56.440]  And I'm just, I couldn't believe this was actually happening in a professional, you know, environment.
[01:07:56.440 --> 01:08:00.440]  And then it gets, then it gets worse.
[01:08:00.440 --> 01:08:05.440]  I finally get a hold of her two hours later and she says, I said, I just want to make sure our agreement we had earlier.
[01:08:05.440 --> 01:08:09.440]  You're actually going to file this because I, I, when you hung up, I hadn't, she hadn't hung up on you.
[01:08:09.440 --> 01:08:10.440]  I said, you didn't say goodbye.
[01:08:10.440 --> 01:08:11.440]  You said, have a nice day.
[01:08:11.440 --> 01:08:13.440]  How quick you did hang up.
[01:08:13.440 --> 01:08:15.440]  And she said, well, blah, blah, blah.
[01:08:15.440 --> 01:08:16.440]  And it just went back and forth, back and forth.
[01:08:16.440 --> 01:08:18.440]  And I said, so are you going to file a paper?
[01:08:18.440 --> 01:08:20.440]  Like we had, she said, we didn't have an agreement.
[01:08:20.440 --> 01:08:23.440]  And I said, well, you're going to file it.
[01:08:23.440 --> 01:08:28.440]  She goes, um, no.
[01:08:28.440 --> 01:08:32.440]  And then I sure hope you have all that recorded because that's good.
[01:08:32.440 --> 01:08:38.440]  That's the only way to make her really, uh, that's the only way to sting her with it.
[01:08:38.440 --> 01:08:44.440]  Cause if it's just, you say that she said something, it won't be as powerful.
[01:08:44.440 --> 01:08:46.440]  Well, I lost it after that point.
[01:08:46.440 --> 01:08:47.440]  I called every number.
[01:08:47.440 --> 01:08:48.440]  I called everybody all over the place.
[01:08:48.440 --> 01:08:53.440]  I started getting the numbers, the chief, the chief, uh, deputy of that clerk and the,
[01:08:53.440 --> 01:08:54.440]  the assistant deputy clerk.
[01:08:54.440 --> 01:08:58.440]  And, oh my God, but I asked her, asked her to get, I need your, I finally got ahold of
[01:08:58.440 --> 01:08:59.440]  her.
[01:08:59.440 --> 01:09:01.440]  Like I was the second time, like I said, I said, I need to talk to the supervisor.
[01:09:01.440 --> 01:09:05.440]  And she says, hold on disappears for five minutes.
[01:09:05.440 --> 01:09:09.440]  It comes back and she says, this is the number you need to call.
[01:09:09.440 --> 01:09:10.440]  Uh, your window closed.
[01:09:10.440 --> 01:09:11.440]  Have a nice day.
[01:09:11.440 --> 01:09:12.440]  Click hangs up on me again.
[01:09:12.440 --> 01:09:15.440]  She said, obviously it's going to, it's going to bounce back to me.
[01:09:15.440 --> 01:09:18.440]  I couldn't believe that this was happening in the other line.
[01:09:18.440 --> 01:09:22.440]  This is a supervisor, but then I'm thinking, Oh God, I'm not going to get my filing with
[01:09:22.440 --> 01:09:23.440]  the statute of limitations.
[01:09:23.440 --> 01:09:27.440]  And, and yeah, I did record all this, but the problem is Illinois is excellent two party
[01:09:27.440 --> 01:09:28.440]  consent.
[01:09:28.440 --> 01:09:30.440]  It's two party consent though.
[01:09:30.440 --> 01:09:32.440]  But that's okay.
[01:09:32.440 --> 01:09:38.440]  As Randy has described before, you don't tell them you have a recording, you transcribe it
[01:09:38.440 --> 01:09:41.440]  and you quote exactly what she said.
[01:09:41.440 --> 01:09:50.440]  And later on, if she were to say that this is not what I said, and then it's a, he said
[01:09:50.440 --> 01:09:55.440]  versus she said, then you can bring in your recording as evidence.
[01:09:55.440 --> 01:09:58.440]  Yes, I did that once.
[01:09:58.440 --> 01:10:07.440]  I quoted exactly what was said 10 years earlier by someone who had since passed away.
[01:10:07.440 --> 01:10:12.440]  And the attorney for the other side said, well, Mr. Kelton, you must have a perfect
[01:10:12.440 --> 01:10:13.440]  memory.
[01:10:13.440 --> 01:10:15.440]  Oh no, I have a horrible memory.
[01:10:15.440 --> 01:10:18.440]  And out of the corner of my eye, I can see the judge.
[01:10:18.440 --> 01:10:21.440]  He ducked his head, put his head in his hand.
[01:10:21.440 --> 01:10:25.440]  He's trying to signal the lawyer, but the lawyer didn't get it.
[01:10:25.440 --> 01:10:30.440]  Well, Mr. Kelton, if you have a horrible memory, then how do you know this is exactly what
[01:10:30.440 --> 01:10:31.440]  was said?
[01:10:31.440 --> 01:10:35.440]  Well, I took it from the transcript.
[01:10:35.440 --> 01:10:39.440]  And the judges by now is shaking his head, you know, back and forth.
[01:10:39.440 --> 01:10:41.440]  No, no, no, don't go there.
[01:10:41.440 --> 01:10:42.440]  What transcript?
[01:10:42.440 --> 01:10:46.440]  The one I made from the recording, objection, objection.
[01:10:46.440 --> 01:10:47.440]  No count.
[01:10:47.440 --> 01:10:51.440]  The judge said, no, counselor, you opened the door.
[01:10:51.440 --> 01:10:54.440]  Mr. Kelton gets to walk through it.
[01:10:54.440 --> 01:10:58.440]  We had statements by someone who had passed away.
[01:10:58.440 --> 01:11:07.440]  You can't testify in court to what someone said who had passed away.
[01:11:07.440 --> 01:11:15.440]  But I led him into referencing the recording and that gave foundation for the recording.
[01:11:15.440 --> 01:11:17.440]  And he's haunted objection, objection.
[01:11:17.440 --> 01:11:20.440]  No, counselor, you opened the door.
[01:11:20.440 --> 01:11:22.440]  So yeah, this works.
[01:11:22.440 --> 01:11:30.440]  And as for, you were saying two party, as for whether or not someone has a right to
[01:11:30.440 --> 01:11:33.440]  expectation of privacy, these are your public officials.
[01:11:33.440 --> 01:11:38.440]  This is not just an average Joe that you had what he thought was a secret conversation
[01:11:38.440 --> 01:11:39.440]  in the elevator.
[01:11:39.440 --> 01:11:40.440]  This is your public officials.
[01:11:40.440 --> 01:11:44.440]  You have a right to record your public officials and the performance of their duties.
[01:11:44.440 --> 01:11:46.440]  That's been established.
[01:11:46.440 --> 01:11:48.440]  And here's the deal.
[01:11:48.440 --> 01:11:53.440]  Even if you're, they say you can't record them.
[01:11:53.440 --> 01:11:59.440]  If you record them and turn the recording into a transcript, then if you want to, you
[01:11:59.440 --> 01:12:01.440]  can destroy the recording, but I wouldn't.
[01:12:01.440 --> 01:12:03.440]  I'd just hide it somewhere.
[01:12:03.440 --> 01:12:09.440]  If you don't show the recording to anybody, then no harm, no foul.
[01:12:09.440 --> 01:12:11.440]  Then you produce the transcript.
[01:12:11.440 --> 01:12:14.440]  You made a transcript of what occurred.
[01:12:14.440 --> 01:12:20.440]  And when she disagrees with the transcript, then you can say, oh, I'm absolutely certain
[01:12:20.440 --> 01:12:22.440]  that is exactly what was said.
[01:12:22.440 --> 01:12:27.440]  And they're going to ask you how and say, well, I transcribed it from the recording.
[01:12:27.440 --> 01:12:29.440]  Now that gives foundation.
[01:12:29.440 --> 01:12:33.440]  Now you can bring in the recording.
[01:12:33.440 --> 01:12:34.440]  Can I do that in my own case?
[01:12:34.440 --> 01:12:39.440]  Because I record a phone calls of the tow company when we first talked.
[01:12:39.440 --> 01:12:43.440]  Oh, yes.
[01:12:43.440 --> 01:12:47.440]  Illinois is a one party state.
[01:12:47.440 --> 01:12:48.440]  No, it's two.
[01:12:48.440 --> 01:12:51.440]  It's two party.
[01:12:51.440 --> 01:12:54.440]  Pretty sure any.
[01:12:54.440 --> 01:12:56.440]  You could be right.
[01:12:56.440 --> 01:13:03.440]  It's been when I was in Illinois, I wasn't into to law, but the only state I ever heard
[01:13:03.440 --> 01:13:08.440]  of that's a one party state, Pennsylvania.
[01:13:08.440 --> 01:13:09.440]  There's only two parties.
[01:13:09.440 --> 01:13:10.440]  You're right.
[01:13:10.440 --> 01:13:14.440]  But I remember looking it up because I wanted to use it.
[01:13:14.440 --> 01:13:18.440]  Illinois two party consent, right?
[01:13:18.440 --> 01:13:21.440]  Party consent.
[01:13:21.440 --> 01:13:29.440]  But that that raises a question when you're dealing with a public official.
[01:13:29.440 --> 01:13:35.440]  But if you just produce the transcript, if you make the recording, you don't show it
[01:13:35.440 --> 01:13:36.440]  to anybody.
[01:13:36.440 --> 01:13:40.440]  You need to look up the statute.
[01:13:40.440 --> 01:13:44.440]  Find me the statute on recording in Illinois.
[01:13:44.440 --> 01:13:47.440]  While we're talking, can you do a search for that?
[01:13:47.440 --> 01:13:49.440]  Yeah, I was just looking.
[01:13:49.440 --> 01:14:00.440]  What I want to see is, is it illegal to make the recording or is it illegal to make the
[01:14:00.440 --> 01:14:03.440]  recording public?
[01:14:03.440 --> 01:14:06.440]  Let's say I'm an old guy.
[01:14:06.440 --> 01:14:08.440]  I don't have a good memory.
[01:14:08.440 --> 01:14:16.440]  And since I'm handicapped with a poor memory with short term memory loss, I make a recording
[01:14:16.440 --> 01:14:22.440]  so that I can then transcript, transcribe my recording and make sure that my memory is
[01:14:22.440 --> 01:14:25.440]  correct.
[01:14:25.440 --> 01:14:33.440]  Would that be a violation if I then destroyed the recording?
[01:14:33.440 --> 01:14:35.440]  So I'm reading something on his website.
[01:14:35.440 --> 01:14:37.440]  It calls Illinois Recording Law Summary.
[01:14:37.440 --> 01:14:43.440]  In 2014, the Illinois Supreme Court struck down the statute for two party and amended
[01:14:43.440 --> 01:14:49.440]  it to allow recording conversations in areas where there is no reasonable expectation of
[01:14:49.440 --> 01:14:51.440]  privacy.
[01:14:51.440 --> 01:14:52.440]  Cool.
[01:14:52.440 --> 01:14:56.440]  That would be a public official.
[01:14:56.440 --> 01:14:57.440]  Okay.
[01:14:57.440 --> 01:15:01.440]  In the performance of their duties, not in their house or something, but yeah.
[01:15:01.440 --> 01:15:09.440]  A public official does not have a reasonable expectation of privacy from you.
[01:15:09.440 --> 01:15:14.440]  So the official is making this statement to you.
[01:15:14.440 --> 01:15:17.440]  They don't have an expectation of privacy from you.
[01:15:17.440 --> 01:15:24.440]  Now, if someone's secretly listening on the line, they have an expectation of privacy
[01:15:24.440 --> 01:15:27.440]  from that.
[01:15:27.440 --> 01:15:30.440]  Let's say you're in an office.
[01:15:30.440 --> 01:15:36.440]  You're in one of these buildings where you got a bunch of clerks and the clerk is talking
[01:15:36.440 --> 01:15:39.440]  to me and the clerk next to him can hear them.
[01:15:39.440 --> 01:15:43.440]  They don't have an expectation of privacy from that person.
[01:15:43.440 --> 01:15:48.440]  Or if you're sitting in a restaurant speaking loud enough that the guys next to you can
[01:15:48.440 --> 01:15:52.440]  hear you, you have no reasonable expectation of privacy.
[01:15:52.440 --> 01:15:55.440]  That's pretty much like every other state.
[01:15:55.440 --> 01:15:58.440]  So you can absolutely make the recording.
[01:15:58.440 --> 01:16:03.440]  What I was reading here is somebody has gone through the 50 states and said that 11 of
[01:16:03.440 --> 01:16:09.440]  them require two party consent and all the rest of them are one parties.
[01:16:09.440 --> 01:16:19.440]  So it would be, those 11 are California, Delaware, Florida, Illinois, Maryland, Massachusetts,
[01:16:19.440 --> 01:16:26.440]  Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
[01:16:26.440 --> 01:16:29.440]  Everywhere else, just one party.
[01:16:29.440 --> 01:16:32.440]  Can you make me a list of that?
[01:16:32.440 --> 01:16:33.440]  Sure.
[01:16:33.440 --> 01:16:37.440]  I have to keep that in mind.
[01:16:37.440 --> 01:16:41.440]  But apparently Illinois got there struck down, so that's good.
[01:16:41.440 --> 01:16:42.440]  Okay.
[01:16:42.440 --> 01:16:46.440]  It got kind of struck down, partially struck down, but yeah.
[01:16:46.440 --> 01:16:50.440]  But enough for your purposes here, shut down.
[01:16:50.440 --> 01:16:51.440]  Okay.
[01:16:51.440 --> 01:16:52.440]  Yeah.
[01:16:52.440 --> 01:16:53.440]  Hang on.
[01:16:53.440 --> 01:17:00.440]  Randy Kelton, Brett Fountain, Randy LaRenio, we'll be right back.
[01:17:00.440 --> 01:17:05.440]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:18:13.440 --> 01:18:16.440]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't
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[01:19:58.440 --> 01:20:22.440]  Okay, we are back at the Red Fountain by radio.
[01:20:22.440 --> 01:20:23.440]  Okay.
[01:20:23.440 --> 01:20:25.440]  Talking to Chris in Colorado.
[01:20:25.440 --> 01:20:29.440]  So how did this work out for Chris?
[01:20:29.440 --> 01:20:32.440]  Well, I kept pressing and I kept pressing.
[01:20:32.440 --> 01:20:36.440]  And I finally just called her supervisor because she gave me the number.
[01:20:36.440 --> 01:20:38.440]  I was thinking what she said was going to be true.
[01:20:38.440 --> 01:20:39.440]  It turns out it wasn't.
[01:20:39.440 --> 01:20:41.440]  She lied they were a supervisor.
[01:20:41.440 --> 01:20:43.440]  So I got on the phone with the supervisor.
[01:20:43.440 --> 01:20:48.440]  The supervisor says, well, this is the assistant deputy clerk of the law division.
[01:20:48.440 --> 01:20:51.440]  And she said, well, she tried to help you.
[01:20:51.440 --> 01:20:52.440]  I said, no, she didn't.
[01:20:52.440 --> 01:20:53.440]  She hung up on me.
[01:20:53.440 --> 01:20:55.440]  And we went through that, you know, what I just told you.
[01:20:55.440 --> 01:20:59.440]  And then she, she flipped and she said, hold on, I'm going to look into something.
[01:20:59.440 --> 01:21:03.440]  And she put me on hold and she went and looked at it.
[01:21:03.440 --> 01:21:05.440]  And she says, okay, this is going to get worked out.
[01:21:05.440 --> 01:21:07.440]  We're going to stamp it for you.
[01:21:07.440 --> 01:21:08.440]  Going to get taken care of.
[01:21:08.440 --> 01:21:13.440]  I call me tomorrow morning and just to make sure if you don't hear from me.
[01:21:13.440 --> 01:21:17.440]  Well, this woman named Demetra, she calls me the next morning to let me know it had been taken care of again.
[01:21:17.440 --> 01:21:20.440]  She called me later that day to let me know that it had been put upstairs.
[01:21:20.440 --> 01:21:27.440]  And then she called me again later that day to let me know that the judge accepted it and it's been admitted and gave me my case numbers.
[01:21:27.440 --> 01:21:30.440]  And how satisfied was that?
[01:21:30.440 --> 01:21:39.440]  Well, I think I got some of my gray hairs to turn back brown, but it was like, holy crap, you know, that was a scary moment.
[01:21:39.440 --> 01:21:45.440]  I mean, in that, I, I, I needed the system to come through and it wasn't, but yeah, she, yeah, she knew her girl.
[01:21:45.440 --> 01:21:46.440]  So are you going to file this?
[01:21:46.440 --> 01:21:51.440]  No.
[01:21:51.440 --> 01:21:54.440]  Literally, no.
[01:21:54.440 --> 01:21:59.440]  You need to go down and file a criminal complaint against her.
[01:21:59.440 --> 01:22:02.440]  That's literally her duty as a clerk.
[01:22:02.440 --> 01:22:05.440]  She doesn't have a lot of duties.
[01:22:05.440 --> 01:22:13.440]  But they'll, they'll make the complaint go away, but they will rub it in her face big time.
[01:22:13.440 --> 01:22:22.440]  Give her supervisor a tool she can use for a training moment.
[01:22:22.440 --> 01:22:24.440]  I think that went down.
[01:22:24.440 --> 01:22:28.440]  I finally got a hold of this guy named Michael or, no, Sir George.
[01:22:28.440 --> 01:22:29.440]  And George is like this.
[01:22:29.440 --> 01:22:30.440]  He's in between all that.
[01:22:30.440 --> 01:22:32.440]  He says, Hey, do not use my name, but call this number.
[01:22:32.440 --> 01:22:35.440]  He says, don't use my name, but call this number.
[01:22:35.440 --> 01:22:40.440]  And it turns out to be the chief clerk of the law division.
[01:22:40.440 --> 01:22:44.440]  And I left a message on his, on his answering machine because I could, he wouldn't pick
[01:22:44.440 --> 01:22:45.440]  up the phone or he was busy, whatever.
[01:22:45.440 --> 01:22:50.440]  Well, it turns out he told somebody else to call me to get this worked out.
[01:22:50.440 --> 01:22:52.440]  So I stirred up some stuff for sure.
[01:22:52.440 --> 01:22:53.440]  I don't know.
[01:22:53.440 --> 01:22:58.440]  I don't know where it all landed behind the scenes, but if that's, if that's our entry
[01:22:58.440 --> 01:23:04.440]  level to the court system guys, no wonder we have problems.
[01:23:04.440 --> 01:23:07.440]  The average person is not going to fight like we do.
[01:23:07.440 --> 01:23:09.440]  And, and they're going to get discouraged.
[01:23:09.440 --> 01:23:13.440]  They're going to run out, you know, and some people will, but if that's our entry level,
[01:23:13.440 --> 01:23:14.440]  no wonder we have problems.
[01:23:14.440 --> 01:23:16.440]  No wonder Chicago is falling apart.
[01:23:16.440 --> 01:23:25.440]  So go down and file a criminal complaint against her and give it, ask for the head clerk and
[01:23:25.440 --> 01:23:29.440]  give it to him and say, what should I do with this?
[01:23:29.440 --> 01:23:35.440]  And then get him to talk you out of filing it.
[01:23:35.440 --> 01:23:39.440]  I did that a couple of times.
[01:23:39.440 --> 01:23:46.440]  Then he gets to go to them and say, I talked him out of going after you criminally.
[01:23:46.440 --> 01:23:55.440]  So you give him a tool he can use to do some training with where the masters, they're the
[01:23:55.440 --> 01:23:56.440]  servants.
[01:23:56.440 --> 01:23:57.440]  It's our job.
[01:23:57.440 --> 01:23:58.440]  Okay.
[01:23:58.440 --> 01:24:05.440]  It sounds like you did this very well.
[01:24:05.440 --> 01:24:06.440]  Well, I mean, I got scared.
[01:24:06.440 --> 01:24:07.440]  I got no choice.
[01:24:07.440 --> 01:24:10.440]  I had one, one day to get that in under my statute.
[01:24:10.440 --> 01:24:17.440]  So I didn't want to lose it, but yeah, I'm glad I'm glad it worked out, but man, that's,
[01:24:17.440 --> 01:24:21.280]  that's a real eye opener for our system.
[01:24:21.280 --> 01:24:25.440]  You have a moral duty to make sure this doesn't happen again.
[01:24:25.440 --> 01:24:32.440]  Now, there is no rule that says that you can't have a little fun while you're doing your
[01:24:32.440 --> 01:24:34.440]  moral duty.
[01:24:34.440 --> 01:24:40.440]  Yeah, for sure.
[01:24:40.440 --> 01:24:41.440]  Okay.
[01:24:41.440 --> 01:24:47.440]  So you have the suit filed against the insurance company.
[01:24:47.440 --> 01:24:48.440]  I did.
[01:24:48.440 --> 01:24:51.440]  I got my three good counts in there.
[01:24:51.440 --> 01:24:59.520]  The negligence, the statute, statute violation, and then fraud, fraudulent misrepresentation
[01:24:59.520 --> 01:25:00.760]  and concealment.
[01:25:00.760 --> 01:25:07.080]  And I didn't, I didn't, I was concerned about using the, the claim of bad faith because
[01:25:07.080 --> 01:25:10.560]  across the country, bad faith is such a topic.
[01:25:10.560 --> 01:25:14.720]  I've talked to a number of lawyers on, on this chat thing, you know, you, you ask questions
[01:25:14.720 --> 01:25:16.040]  and they'll respond.
[01:25:16.040 --> 01:25:20.160]  About half of them say, you have no claim against the insurance company.
[01:25:20.160 --> 01:25:21.560]  This is another problem we got in this country.
[01:25:21.560 --> 01:25:25.260]  A lot of people are trained, kind of like our doctors, a lot of people, a lot of lawyers
[01:25:25.260 --> 01:25:30.800]  are trained to think that insurance companies are untouchable at the first go.
[01:25:30.800 --> 01:25:36.360]  You have to go through this, you have to go through this process of a public policy of
[01:25:36.360 --> 01:25:40.200]  suing the insured first, and then you get to sue the insurer after that for any breach
[01:25:40.200 --> 01:25:43.560]  of good faith or bad faith or whatever.
[01:25:43.560 --> 01:25:48.240]  And I found case law that talks completely to the opposite of that, but so many lawyers
[01:25:48.240 --> 01:25:50.760]  believe in that and a lot of judges believe that too.
[01:25:50.760 --> 01:25:55.320]  So I wanted to avoid the bad faith topic and I think I did that.
[01:25:55.320 --> 01:26:01.640]  So I just use negligence, statute violation and fraudulent misrepresentation, which was
[01:26:01.640 --> 01:26:03.120]  all valid claims.
[01:26:03.120 --> 01:26:07.400]  So yeah, I've got a, and it was actually a decent, decent suit.
[01:26:07.400 --> 01:26:11.800]  I thought, I thought I would get some trouble from the judges, but apparently it's enough
[01:26:11.800 --> 01:26:12.800]  to get it in the door.
[01:26:12.800 --> 01:26:15.760]  We'll have the preliminary in two months.
[01:26:15.760 --> 01:26:18.200]  I'm going to serve them.
[01:26:18.200 --> 01:26:22.840]  We're used to having trouble with judges when we're going after public officials or when
[01:26:22.840 --> 01:26:26.760]  we're being prosecuted.
[01:26:26.760 --> 01:26:33.880]  But when you're the plaintiff, it's a whole different animal.
[01:26:33.880 --> 01:26:39.760]  And especially when you're the plaintiff and you're not suing a public official, the judge
[01:26:39.760 --> 01:26:50.840]  doesn't have a dog in this hunt, so he can rule in a just manner because he doesn't have
[01:26:50.840 --> 01:26:54.560]  any influence not to.
[01:26:54.560 --> 01:27:02.060]  And as long as you treat them with dignity and respect, you generally, it's been my experience,
[01:27:02.060 --> 01:27:04.840]  they will do the same.
[01:27:04.840 --> 01:27:10.000]  But when you're going after a public official, then they really get testy.
[01:27:10.000 --> 01:27:11.000]  Sure.
[01:27:11.000 --> 01:27:14.240]  Cause it could be them someday.
[01:27:14.240 --> 01:27:15.240]  Yeah.
[01:27:15.240 --> 01:27:17.640]  If they're not careful, it will be.
[01:27:17.640 --> 01:27:23.120]  And I try to get them to understand that you're next.
[01:27:23.120 --> 01:27:27.560]  It's like when I went in the military, we had this obstacle course.
[01:27:27.560 --> 01:27:33.040]  And if there's one place you had to climb this rope, you, you, you lean, you could put
[01:27:33.040 --> 01:27:37.640]  your feet against the wall and climb this rope up about 30 feet.
[01:27:37.640 --> 01:27:40.600]  The guy in front of me was terrified.
[01:27:40.600 --> 01:27:45.240]  He got to the top and they had like a stanchion where you tie up horses, had the rope tied
[01:27:45.240 --> 01:27:46.240]  to it.
[01:27:46.240 --> 01:27:50.840]  He got within about six inches of it and reached out with both hands to grab it.
[01:27:50.840 --> 01:27:53.320]  Well, that didn't work out so good.
[01:27:53.320 --> 01:27:57.560]  He landed right in front of me on his arm and dislocated his shoulder.
[01:27:57.560 --> 01:28:00.000]  They came out with the stretcher.
[01:28:00.000 --> 01:28:01.440]  They picked him up.
[01:28:01.440 --> 01:28:06.640]  One guy got his shoulder and jerked it back in place while he's screaming bloody murder.
[01:28:06.640 --> 01:28:14.640]  They dropped him on the stretcher, took off with him and the DI turned to me and said,
[01:28:14.640 --> 01:28:18.520]  next.
[01:28:18.520 --> 01:28:21.040]  That's kind of how it is.
[01:28:21.040 --> 01:28:22.840]  Okay.
[01:28:22.840 --> 01:28:23.840]  So good.
[01:28:23.840 --> 01:28:24.840]  You did good.
[01:28:24.840 --> 01:28:25.840]  Yeah.
[01:28:25.840 --> 01:28:30.760]  And I'm going to wait to serve them because the other part of the strategy is I'm, I'm
[01:28:30.760 --> 01:28:36.800]  filing a complaint on Monday to the department of insurance for those exact statute violations.
[01:28:36.800 --> 01:28:40.360]  And so hopefully they'll do an investigation and find out that that is valid.
[01:28:40.360 --> 01:28:43.800]  And then I'll have that for backing up my suit and then I'll serve them.
[01:28:43.800 --> 01:28:49.440]  Do you have standing to request the results of their investigation?
[01:28:49.440 --> 01:28:53.000]  Yeah, they'll give it to me.
[01:28:53.000 --> 01:28:54.000]  They have to.
[01:28:54.000 --> 01:28:57.880]  I think it could be afterwards, but yeah, it'll be public record.
[01:28:57.880 --> 01:28:59.520]  Should be.
[01:28:59.520 --> 01:29:03.920]  Wonderful that you get them working it for you.
[01:29:03.920 --> 01:29:04.920]  Yeah.
[01:29:04.920 --> 01:29:05.920]  That was the whole idea.
[01:29:05.920 --> 01:29:06.920]  Yeah.
[01:29:06.920 --> 01:29:10.960]  And then it's kind of like the city, the city for the tow company, the city, I had them
[01:29:10.960 --> 01:29:11.960]  do an investigation.
[01:29:11.960 --> 01:29:14.840]  Now I didn't know I was going to turn out that way, but turned out in my favor.
[01:29:14.840 --> 01:29:18.080]  The city did an investigation and hit the, hit the tow company with consumer fraud.
[01:29:18.080 --> 01:29:20.560]  And that's my whole foundation for my suit.
[01:29:20.560 --> 01:29:21.920]  So I've got that to back it up.
[01:29:21.920 --> 01:29:26.120]  That's why the judge couldn't kick it out, but parties are trying to get it kicked out
[01:29:26.120 --> 01:29:31.200]  under other nexuses, Schumer, whatever, but I don't think they're going to succeed.
[01:29:31.200 --> 01:29:38.920]  But yeah, it's all there, but I got one more question that related to this and we'll come
[01:29:38.920 --> 01:29:43.360]  on the other side, but it's about, it's about the original suit.
[01:29:43.360 --> 01:29:44.360]  Okay.
[01:29:44.360 --> 01:29:45.360]  Okay.
[01:29:45.360 --> 01:29:46.760]  We'll pick this up on the other side.
[01:29:46.760 --> 01:29:50.440]  This is Randy Kelton, Brett Fountain, Wheel of Love Radio.
[01:29:50.440 --> 01:29:54.400]  We have a full board of callers, so I'm not going to give out the call in numbers.
[01:29:54.400 --> 01:29:55.400]  Hang on.
[01:29:55.400 --> 01:29:58.480]  We'll be right back.
[01:29:58.480 --> 01:30:03.560]  Sorry, soft drink lovers.
[01:30:03.560 --> 01:30:05.560]  Even diet drinks can make you fat.
[01:30:05.560 --> 01:30:10.160]  The new study shows that diet soda drinkers gain much more weight than people who avoid
[01:30:10.160 --> 01:30:11.160]  the stuff.
[01:30:11.160 --> 01:30:15.400]  I'm Dr. Catherine Albrecht and I'll be back in a moment with a scoop on supposedly skinny
[01:30:15.400 --> 01:30:17.200]  sodas.
[01:30:17.200 --> 01:30:18.800]  Privacy is under attack.
[01:30:18.800 --> 01:30:22.400]  When you give up data about yourself, you'll never get it back again.
[01:30:22.400 --> 01:30:27.160]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.160 --> 01:30:32.320]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.320 --> 01:30:34.920]  Privacy, it's worth hanging on to.
[01:30:34.920 --> 01:30:39.220]  This public service announcement is brought to you by StartPage.com, the private search
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[01:30:46.280 --> 01:30:50.320]  Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:50.320 --> 01:30:51.320]  Wrong.
[01:30:51.320 --> 01:30:55.080]  Diet drinkers at UTC and Antonio followed hundreds of diet soda drinkers for nearly
[01:30:55.080 --> 01:30:56.080]  a decade.
[01:30:56.080 --> 01:31:01.000]  They found that regularly drinking diet soda expanded people's waistlines five times more
[01:31:01.000 --> 01:31:02.760]  than no soda at all.
[01:31:02.760 --> 01:31:07.560]  The study's authors say artificial sweeteners trigger the appetite, but unlike regular sugars,
[01:31:07.560 --> 01:31:09.720]  don't deliver anything to squelch it.
[01:31:09.720 --> 01:31:14.240]  Waking up hunger without satisfying it leads to cravings, which can result in a larger
[01:31:14.240 --> 01:31:16.080]  overall calorie intake.
[01:31:16.080 --> 01:31:20.520]  So use natural sweeteners to maintain a healthy weight and if you need to shed some pounds,
[01:31:20.520 --> 01:31:23.680]  avoid the sweet stuff altogether and drink water instead.
[01:31:23.680 --> 01:31:25.720]  I'm Dr. Catherine Albrecht.
[01:31:25.720 --> 01:31:30.480]  More news and information at CatherineAlbrecht.com.
[01:31:30.480 --> 01:31:35.880]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.880 --> 01:31:38.120]  The government says that fire brought it down.
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[01:31:42.920 --> 01:31:45.640]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.640 --> 01:31:48.360]  Thousands of my fellow first responders are dying.
[01:31:48.360 --> 01:31:49.720]  I'm not a conspiracy theorist.
[01:31:49.720 --> 01:31:50.720]  I'm a structural engineer.
[01:31:50.720 --> 01:31:52.200]  I'm a New York City correction officer.
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[01:33:35.080 --> 01:34:00.720]  Okay, we are back.
[01:34:00.720 --> 01:34:05.920]  Andy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Chris in Colorado.
[01:34:05.920 --> 01:34:09.200]  Okay, you had another question, Chris?
[01:34:09.200 --> 01:34:14.000]  Yeah, I think this is hopefully a question for everybody as well, because a lot of us
[01:34:14.000 --> 01:34:21.480]  are learning how to do all this, but we don't really have a place to practice, meaning most
[01:34:21.480 --> 01:34:25.120]  of us have never been in a formal court environment.
[01:34:25.120 --> 01:34:29.240]  I mean, I've been to small claims, but that's just kind of like, we're almost talking like
[01:34:29.240 --> 01:34:30.240]  we're talking here.
[01:34:30.240 --> 01:34:33.120]  There's a little bit of formality, right?
[01:34:33.120 --> 01:34:36.520]  I've heard state court is an absolute joke sometimes, just like, it's almost like small
[01:34:36.520 --> 01:34:45.600]  claims, but so I'm not as afraid of that anymore, but federal, there's an aura about it at times.
[01:34:45.600 --> 01:34:52.600]  So I'm getting at the end of discovery here, and there's this thing looming in the near
[01:34:52.600 --> 01:35:01.360]  future of a settlement conference, if that gets rejected, then the next stage is summary
[01:35:01.360 --> 01:35:06.800]  judgment and then preparing for trial.
[01:35:06.800 --> 01:35:08.080]  And I've never been to a trial.
[01:35:08.080 --> 01:35:11.800]  I've never really even seen a trial, I'm trying to look for videos and stuff to see how this
[01:35:11.800 --> 01:35:12.800]  all feels like.
[01:35:12.800 --> 01:35:16.560]  But these are the things I'm a little bit worried about, is preparing for something
[01:35:16.560 --> 01:35:18.480]  like that.
[01:35:18.480 --> 01:35:24.080]  And it's one thing to read it and see videos and hear Dr. Graves and all that kind of stuff,
[01:35:24.080 --> 01:35:26.360]  but it's another thing to actually apply it.
[01:35:26.360 --> 01:35:30.280]  It's almost like being in a piano recital, you know, there's the nervous, the sweat factor,
[01:35:30.280 --> 01:35:31.280]  you know?
[01:35:31.280 --> 01:35:38.920]  There's always something that happens that you weren't prepared for.
[01:35:38.920 --> 01:35:42.400]  And that's the terror.
[01:35:42.400 --> 01:35:52.320]  Okay, well, I don't even, I mean, it's the whole process, like, would federal be that
[01:35:52.320 --> 01:36:00.640]  much different than, you know, you will find as you move up in the courts, they get much
[01:36:00.640 --> 01:36:04.400]  more civil.
[01:36:04.400 --> 01:36:10.400]  The judge will, you know, they're not like traffic courts where they just say to screw
[01:36:10.400 --> 01:36:11.400]  you.
[01:36:11.400 --> 01:36:20.160]  The judges, for the most part, really are trying to find a fair adjudication for everybody.
[01:36:20.160 --> 01:36:27.080]  So if you're just polite and considerate with the judge, he will pretty well direct you
[01:36:27.080 --> 01:36:29.080]  through everything.
[01:36:29.080 --> 01:36:30.680]  Really?
[01:36:30.680 --> 01:36:32.760]  Okay.
[01:36:32.760 --> 01:36:39.080]  So as long as I've got my bullet points and, you know, my strategy and, you know, I'm able
[01:36:39.080 --> 01:36:45.760]  to keep things in order, if I miss something as far as a procedural, they'll point it out,
[01:36:45.760 --> 01:36:49.240]  okay, this is how it works, that type of thing.
[01:36:49.240 --> 01:36:53.240]  Well, it depends on the nature of the procedure.
[01:36:53.240 --> 01:37:00.840]  You do need to read the rules of court carefully, because there are certain procedural errors
[01:37:00.840 --> 01:37:02.920]  you can't miss.
[01:37:02.920 --> 01:37:09.840]  But a quick reading of the rules will give you those.
[01:37:09.840 --> 01:37:11.760]  Okay.
[01:37:11.760 --> 01:37:19.760]  There are certain deadlines and you have to, have you studied anything on how to handle
[01:37:19.760 --> 01:37:20.760]  objections?
[01:37:20.760 --> 01:37:21.760]  A little bit.
[01:37:21.760 --> 01:37:25.240]  I'm learning about them.
[01:37:25.240 --> 01:37:30.160]  You know, I'm doing lots of objections in the discovery, but I'm just using some basic
[01:37:30.160 --> 01:37:37.480]  ones like, you know, immaterial and it's not really, what is the other one, not really
[01:37:37.480 --> 01:37:38.480]  irrelevant.
[01:37:38.480 --> 01:37:45.320]  If you'll do a search for handling objections, there's some good papers out there on that,
[01:37:45.320 --> 01:37:50.520]  that will give you a good brief on all the different objections and how to make them.
[01:37:50.520 --> 01:37:52.400]  Okay.
[01:37:52.400 --> 01:37:56.600]  That's the biggest deal.
[01:37:56.600 --> 01:38:02.400]  If you got objections down and you meet all the statutory deadlines, there are some things
[01:38:02.400 --> 01:38:03.400]  to be careful of.
[01:38:03.400 --> 01:38:11.520]  We had a fellow broadcaster who was in a foreclosure issue and he was two days from an eviction
[01:38:11.520 --> 01:38:14.440]  and we got it stopped.
[01:38:14.440 --> 01:38:23.340]  He had filed inability to pay and he was having trouble getting a document that the judge
[01:38:23.340 --> 01:38:29.520]  would be happy with him filing as a pro se.
[01:38:29.520 --> 01:38:40.760]  The other side convinced him that if he would waive the inability to pay, that the judge
[01:38:40.760 --> 01:38:47.400]  would be less restrictive and he bought that story.
[01:38:47.400 --> 01:38:56.000]  When he did that, the judge said that because he waived the inability to pay, then he had
[01:38:56.000 --> 01:39:01.720]  to have filed a certain document within a certain time and now he couldn't file the
[01:39:01.720 --> 01:39:02.720]  document.
[01:39:02.720 --> 01:39:04.720]  He lost everything.
[01:39:04.720 --> 01:39:10.060]  Procedure, they get you on procedure.
[01:39:10.060 --> 01:39:15.560]  Study the procedure really careful and don't believe anything the lawyer on the other side
[01:39:15.560 --> 01:39:18.680]  says.
[01:39:18.680 --> 01:39:22.240]  They tried to get me on the discovery procedure.
[01:39:22.240 --> 01:39:28.760]  They ignored my discovery requests and then two days before the hearing, the status hearing,
[01:39:28.760 --> 01:39:30.760]  I asked, are you just going to ignore it?
[01:39:30.760 --> 01:39:34.440]  I didn't know that was something you could do under civil rules procedure and then they
[01:39:34.440 --> 01:39:38.200]  tried to blame it on me at the court.
[01:39:38.200 --> 01:39:44.280]  That was the first time the judge actually caught them and hit them real hard, but they're
[01:39:44.280 --> 01:39:48.880]  still trying to run out the clock.
[01:39:48.880 --> 01:39:53.800]  They are withholding non-privileged documents, so I did a motion to compel.
[01:39:53.800 --> 01:39:57.960]  Unfortunately, the judge, instead of giving them 14 days, gave them 21 days.
[01:39:57.960 --> 01:39:59.720]  That's up in a couple days here.
[01:39:59.720 --> 01:40:04.040]  I've only got a month left from discovery, so I'm trying to figure out how to get everything
[01:40:04.040 --> 01:40:06.440]  done when everything's moving so slow.
[01:40:06.440 --> 01:40:10.240]  Well, you can ask for an extension of time.
[01:40:10.240 --> 01:40:15.160]  I did that once because of their mistake, because they didn't provide anything.
[01:40:15.160 --> 01:40:20.360]  In the last two months ago, I asked in a hearing, I said, your honor, I don't have this information.
[01:40:20.360 --> 01:40:22.000]  I can't do proper depositions.
[01:40:22.000 --> 01:40:25.680]  I can't be properly prepared to do the rest of my discovery.
[01:40:25.680 --> 01:40:27.680]  I need another 60 days.
[01:40:27.680 --> 01:40:31.920]  Instead of saying granted, she says, granted, but I'm really frustrated because everybody's
[01:40:31.920 --> 01:40:35.400]  had so much time for this discovery already.
[01:40:35.400 --> 01:40:39.800]  It wasn't me who messed up on this, but she's holding us both to that same thing.
[01:40:39.800 --> 01:40:44.640]  She says she will not extend it again.
[01:40:44.640 --> 01:40:49.160]  The one thing, if everything was moving along, but we're also waiting on a dispositive motion
[01:40:49.160 --> 01:40:55.680]  from the judge, the original judge, he's taken eight months, and that is the biggest element
[01:40:55.680 --> 01:40:56.680]  of this case.
[01:40:56.680 --> 01:40:57.680]  It's consumer fraud.
[01:40:57.680 --> 01:41:01.440]  I don't think he's going to dismiss it, but if he does, it changes the whole dynamic.
[01:41:01.440 --> 01:41:03.880]  I don't really have a case, and I've got to appeal.
[01:41:03.880 --> 01:41:04.880]  It just means he's punting.
[01:41:04.880 --> 01:41:06.920]  I am a consumer.
[01:41:06.920 --> 01:41:10.000]  He might call my bluff and make me appeal it.
[01:41:10.000 --> 01:41:16.600]  Well, Randy, what do you think about for Chris to move for sanctions?
[01:41:16.600 --> 01:41:20.760]  That's what I was thinking.
[01:41:20.760 --> 01:41:26.160]  He can't really ask for another extension, but he can draw attention to the fact they
[01:41:26.160 --> 01:41:29.920]  are the one causing the whole delay.
[01:41:29.920 --> 01:41:34.720]  Whether or not he actually gets the sanctions, at least it's all in writing there.
[01:41:34.720 --> 01:41:39.460]  But the sanction you could ask for is a ruling against them.
[01:41:39.460 --> 01:41:44.120]  Whatever you're trying to prove with this discovery that they're withholding.
[01:41:44.120 --> 01:41:45.120]  Oh, good point.
[01:41:45.120 --> 01:41:47.960]  Kind of treat it like admissions.
[01:41:47.960 --> 01:41:48.960]  Yeah.
[01:41:48.960 --> 01:41:49.960]  Okay.
[01:41:49.960 --> 01:41:55.840]  So this is where the timing comes in.
[01:41:55.840 --> 01:41:57.720]  I talked to another lawyer.
[01:41:57.720 --> 01:42:03.600]  I actually talked to a couple of good lawyers this past week, just trying to find somebody
[01:42:03.600 --> 01:42:08.200]  to see if I could find them to help, and not a lot of people are able to help.
[01:42:08.200 --> 01:42:13.040]  But out of the four years I've been working on this, I found three lawyers that are nice.
[01:42:13.040 --> 01:42:22.000]  So anyway, he said you should actually ask for a motion to stay the rest of the discovery
[01:42:22.000 --> 01:42:29.680]  based on waiting for a dispositive motion from the court and the fact that you're going
[01:42:29.680 --> 01:42:34.080]  to be moving into a settlement conference to forego any extra expenses from any of the
[01:42:34.080 --> 01:42:35.080]  other parties.
[01:42:35.080 --> 01:42:39.360]  And that way, you get to stop the clock on the discovery.
[01:42:39.360 --> 01:42:46.240]  And then while you're in the settlement conference, nobody's worrying about all that.
[01:42:46.240 --> 01:42:47.480]  I don't know if that's possible.
[01:42:47.480 --> 01:42:48.720]  The judge would even consider it.
[01:42:48.720 --> 01:42:49.720]  He thought it was a good idea.
[01:42:49.720 --> 01:42:55.480]  Some of them have done it before, but the fact that she was so upset that we've taken
[01:42:55.480 --> 01:43:01.280]  nine months for discovery, and we were waiting for three of those months on the judge to
[01:43:01.280 --> 01:43:05.160]  do a dispositive motion, right, for a motion to dismiss.
[01:43:05.160 --> 01:43:09.240]  And when it didn't come after 90 days, we realized, man, we better get going on discovery.
[01:43:09.240 --> 01:43:10.240]  So I did it.
[01:43:10.240 --> 01:43:14.560]  The other side wasn't even going to present discovery, I don't think.
[01:43:14.560 --> 01:43:16.080]  But when I did it, they decided to.
[01:43:16.080 --> 01:43:22.200]  So I'm a little confused on the timing and the strategy here and how to get things done.
[01:43:22.200 --> 01:43:28.200]  And because I have till June 30th, I've got just a little over 30 days now.
[01:43:28.200 --> 01:43:34.200]  So if I do a sanctions, as an admission.
[01:43:34.200 --> 01:43:40.880]  Yes, ask the judge to rule in your favor, because the other side used the fact that
[01:43:40.880 --> 01:43:48.160]  the judge was frustrated over the time that was taken and deliberately ran out the clock
[01:43:48.160 --> 01:43:51.120]  to entice the judge to rule against you.
[01:43:51.120 --> 01:43:53.400]  It's like a PO, the judge.
[01:43:53.400 --> 01:44:00.480]  Hang on, Randy Carlton, Brett Fountain, we'll be right back.
[01:44:00.480 --> 01:44:05.080]  Through advances in technology, our lives have greatly improved, except in the area
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[01:46:36.560 --> 01:46:53.000]  Thank you.
[01:46:53.000 --> 01:47:00.000]  As we sow, so shall we reap
[01:47:00.000 --> 01:47:03.000]  And everybody listen, listen to the sound
[01:47:07.000 --> 01:47:11.000]  Take a mat and spread it clean around the corner
[01:47:12.000 --> 01:47:16.000]  Live in a gas house, don't trust no nighter
[01:47:18.000 --> 01:47:21.000]  One by one, me friend tell everybody
[01:47:21.000 --> 01:47:24.000]  Pass on the words of Almighty
[01:47:24.000 --> 01:47:26.000]  Lend a helping hand
[01:47:26.000 --> 01:47:28.000]  Me say as you go along
[01:47:28.000 --> 01:47:30.000]  No late karma
[01:47:30.000 --> 01:47:32.000]  Me say knock you down man
[01:47:32.000 --> 01:47:36.000]  Carry the barn if you don't plant no seed
[01:47:36.000 --> 01:47:40.000]  My friend Lord you better have a good breed
[01:47:40.000 --> 01:47:52.000]  You better live your life up fully
[01:48:11.000 --> 01:48:14.000]  Yeah, consider it like a stopover
[01:48:14.000 --> 01:48:16.000]  Or emotion and limiting
[01:48:16.000 --> 01:48:18.000]  That's something you can't argue anymore
[01:48:18.000 --> 01:48:20.000]  Because you basically admitted it by refusing
[01:48:20.000 --> 01:48:23.000]  Knowingly, intentionally refusing to give me discovery
[01:48:23.000 --> 01:48:25.000]  For all these months
[01:48:28.000 --> 01:48:30.000]  They need a proper sanction
[01:48:31.000 --> 01:48:34.000]  Do we have to ask for sanctions or does the judge ever do it?
[01:48:34.000 --> 01:48:37.000]  Yes, the judge can give sanctions if they want to
[01:48:37.000 --> 01:48:40.000]  But if you want sanctions, you need to ask for it
[01:48:44.000 --> 01:48:49.000]  And if you accuse them of deliberately manipulating the court
[01:48:49.000 --> 01:48:52.000]  The judge is not going to be happy about that
[01:48:54.000 --> 01:48:56.000]  Well, she called them out on that
[01:48:56.000 --> 01:49:01.000]  She basically implied they were manipulating both the plaintiff and the court
[01:49:01.000 --> 01:49:05.000]  But she didn't do anything except just yell at them
[01:49:05.000 --> 01:49:08.000]  And she yelled at both of us
[01:49:09.000 --> 01:49:12.000]  She may be ready to issue sanctions
[01:49:13.000 --> 01:49:15.000]  Do you need to ask or ask?
[01:49:16.000 --> 01:49:19.000]  So I have to file an answer to the motion
[01:49:19.000 --> 01:49:22.000]  So they're going to answer to the motion to compel
[01:49:22.000 --> 01:49:24.000]  They have until Tuesday
[01:49:24.000 --> 01:49:27.000]  And then I'm given some time to respond to that
[01:49:28.000 --> 01:49:32.000]  Could I make a response slash sanction request?
[01:49:32.000 --> 01:49:36.000]  I don't know if that's the thing that can be done
[01:49:36.000 --> 01:49:40.000]  Yes, you can add a request for sanctions
[01:49:40.000 --> 01:49:43.000]  It depends on what their argument is
[01:49:43.000 --> 01:49:47.000]  If their argument is frivolous, definitely you can ask for sanctions
[01:49:47.000 --> 01:49:49.000]  It is frivolous
[01:49:49.000 --> 01:49:52.000]  This is the thing that 1-0 glazed over her head
[01:49:52.000 --> 01:49:57.000]  They're making a privilege claim for communications between an insurer and the insured
[01:49:57.000 --> 01:49:59.000]  Before I even file the suit
[01:49:59.000 --> 01:50:02.000]  There was no attorney-client privilege before the suit was filed
[01:50:02.000 --> 01:50:05.000]  Therefore, there could be no insurer-insured privilege
[01:50:05.000 --> 01:50:11.000]  But when they argued that, she said, OK, I'm going to make you guys do a log, a privilege log
[01:50:11.000 --> 01:50:13.000]  And I interrupted
[01:50:13.000 --> 01:50:15.000]  I said, Your Honor, I don't need anything before the suit was filed
[01:50:15.000 --> 01:50:19.000]  I just need the communications between those two parties before the suit was filed
[01:50:19.000 --> 01:50:22.000]  As it went to the basis for them to deny the claim
[01:50:22.000 --> 01:50:24.000]  It was based on what they were telling their insured
[01:50:24.000 --> 01:50:25.000]  I need that information
[01:50:25.000 --> 01:50:28.000]  And then she says, OK, then I'm not going to force them to do a log
[01:50:28.000 --> 01:50:31.000]  But, you know, I'll give them three weeks to
[01:50:31.000 --> 01:50:34.000]  And she asked them, how much time do you want to answer the motion to compel?
[01:50:34.000 --> 01:50:35.000]  Three weeks, OK
[01:50:35.000 --> 01:50:37.000]  And I was so jaw-dropped
[01:50:37.000 --> 01:50:41.000]  I didn't object, Mr. Geron, that's too much time, I should have
[01:50:41.000 --> 01:50:45.000]  But anyway, time's almost up here soon
[01:50:45.000 --> 01:50:53.000]  So she's kind of allowing this bubble for them to keep stretching out the clock
[01:50:53.000 --> 01:50:58.000]  And now they're going to object to it again in this motion to compel
[01:50:58.000 --> 01:51:01.000]  And then, you know, I don't even need to argue it
[01:51:01.000 --> 01:51:03.000]  I already argued it in the motion to compel
[01:51:03.000 --> 01:51:07.000]  I don't need to answer, really, but I have to answer according to the rules
[01:51:07.000 --> 01:51:10.000]  But I'd like to just say
[01:51:10.000 --> 01:51:15.000]  But I don't know what argument I'm saying that they are admitting to
[01:51:15.000 --> 01:51:22.000]  Because my claims are not specific to the communications
[01:51:22.000 --> 01:51:27.000]  What would you hope to find in that discovery response?
[01:51:27.000 --> 01:51:35.000]  What is it that you would look for and you would consider that to be a win for you?
[01:51:35.000 --> 01:51:38.000]  Well, I don't have the claim, but that's what I was hoping to find
[01:51:38.000 --> 01:51:40.000]  I think this is why they're hiding it
[01:51:40.000 --> 01:51:43.000]  They know that I'm going to find conspiracy in there
[01:51:43.000 --> 01:51:46.000]  They know that I'm going to find conspiracy to deny the claim
[01:51:46.000 --> 01:51:49.000]  And that's why they're withholding it
[01:51:49.000 --> 01:51:52.000]  So that's why it's been such a fight
[01:51:52.000 --> 01:51:53.000]  That's why they've been doing it
[01:51:53.000 --> 01:51:57.000]  Because I know darn well there's going to be admissions from the tow company
[01:51:57.000 --> 01:51:59.000]  And then there's going to be communications from the insured
[01:51:59.000 --> 01:52:02.000]  And it's probably going to bring the insured back in as a defendant
[01:52:02.000 --> 01:52:05.000]  The insurer as a defendant
[01:52:05.000 --> 01:52:07.000]  So I don't have a specific claim, though, to that
[01:52:07.000 --> 01:52:16.000]  So that's my concern for trying to get them to admit, you know, or using it as an admission
[01:52:16.000 --> 01:52:21.000]  But maybe you could just say it that way
[01:52:21.000 --> 01:52:28.000]  What you just said, I expect that this discovery that they're intentionally withholding
[01:52:28.000 --> 01:52:32.000]  Will reveal conspiracy to deny a claim
[01:52:32.000 --> 01:52:43.000]  And so what you're asking the judge to give you is an admission that they conspired to deny the claim
[01:52:43.000 --> 01:52:45.000]  As a sanction?
[01:52:45.000 --> 01:52:48.000]  As a sanction?
[01:52:48.000 --> 01:52:51.000]  Okay, that is a nice argument, so that could be my answer
[01:52:51.000 --> 01:52:54.000]  And my answer, I just reiterate what I did
[01:52:54.000 --> 01:52:58.000]  I imply that they're intentionally denying and trying to deceive the court
[01:52:58.000 --> 01:53:07.000]  And they're also trying to withhold evidence that implies that points to a conspiracy to deny the claim
[01:53:07.000 --> 01:53:14.000]  Therefore, I'm asking for sanctions as an admission of those claims
[01:53:14.000 --> 01:53:20.000]  Does that sound kind of relevant wording there, something like that?
[01:53:20.000 --> 01:53:22.000]  Sounds good to me
[01:53:22.000 --> 01:53:23.000]  Yeah
[01:53:23.000 --> 01:53:28.000]  Okay, and then that opens up to bring them back as a defendant
[01:53:28.000 --> 01:53:32.000]  That'd be an interesting thing, they're going to have to argue that
[01:53:32.000 --> 01:53:38.000]  But they can't, because they don't know that's coming
[01:53:38.000 --> 01:53:41.000]  Okay, I'll sit on that over the weekend
[01:53:41.000 --> 01:53:44.000]  That's actually a good idea, I like that
[01:53:44.000 --> 01:53:47.000]  Hey, hey, hey, that's why we get the big bucks
[01:53:47.000 --> 01:53:48.000]  Yeah
[01:53:48.000 --> 01:53:49.000]  We do
[01:53:49.000 --> 01:53:52.000]  It's like
[01:53:52.000 --> 01:53:57.000]  We're almost in 3D, Jess, we're almost there
[01:53:57.000 --> 01:54:01.000]  Alright, gentlemen, I've taken up enough time, thank you so much
[01:54:01.000 --> 01:54:03.000]  Okay, thank you, Chris
[01:54:03.000 --> 01:54:07.000]  Okay, now we're going to Jack in Texas
[01:54:07.000 --> 01:54:10.000]  Hello, Jack
[01:54:10.000 --> 01:54:13.000]  Hello, Jess, can you hear me?
[01:54:13.000 --> 01:54:18.000]  You kind of broke up there, try that again
[01:54:18.000 --> 01:54:21.000]  Alright, can you hear me?
[01:54:21.000 --> 01:54:22.000]  Yeah, kind of
[01:54:22.000 --> 01:54:26.000]  There you are
[01:54:26.000 --> 01:54:29.000]  Okay, what do you have for us today?
[01:54:29.000 --> 01:54:33.000]  I have a hypothetical question
[01:54:33.000 --> 01:54:42.000]  So I've been hearing about all these people who defend themselves against attack around the country
[01:54:42.000 --> 01:54:48.000]  And then get accused of murder
[01:54:48.000 --> 01:54:51.000]  Well, my position is murder, right?
[01:54:51.000 --> 01:54:58.000]  Wait, I'm having a hard time, you're breaking up pretty bad there
[01:54:58.000 --> 01:55:03.000]  I have a terrible point in that
[01:55:03.000 --> 01:55:07.000]  I couldn't make out what you said
[01:55:07.000 --> 01:55:14.000]  Alright, the question is how would one defend oneself?
[01:55:14.000 --> 01:55:21.000]  No, this is not working, Jack, can you try hanging up and calling back?
[01:55:21.000 --> 01:55:27.000]  Alright, I'll give it a try
[01:55:27.000 --> 01:55:28.000]  Okay
[01:55:28.000 --> 01:55:30.000]  I couldn't make out what he was saying
[01:55:30.000 --> 01:55:31.000]  No, not at all
[01:55:31.000 --> 01:55:34.000]  I don't know if it's got a bad connection or what
[01:55:34.000 --> 01:55:42.000]  Okay, is Manuel a first time caller?
[01:55:42.000 --> 01:55:43.000]  No
[01:55:43.000 --> 01:55:44.000]  Okay, good
[01:55:44.000 --> 01:55:47.000]  There's Jack, he's back
[01:55:47.000 --> 01:55:48.000]  He's back, okay
[01:55:48.000 --> 01:55:52.000]  Okay, Jack, let's see if that's any better
[01:55:52.000 --> 01:55:54.000]  Can you hear me?
[01:55:54.000 --> 01:55:57.000]  Yes, let's go ahead
[01:55:57.000 --> 01:55:58.000]  Give us a little more verbiage
[01:55:58.000 --> 01:56:00.000]  Yes and no?
[01:56:00.000 --> 01:56:01.000]  That's better
[01:56:01.000 --> 01:56:02.000]  Alright
[01:56:02.000 --> 01:56:06.000]  Okay, I have a hypothetical question
[01:56:06.000 --> 01:56:23.000]  How would one defend oneself against these attorneys that charge people with murder who, you know, had to kill somebody in self-defense?
[01:56:23.000 --> 01:56:38.000]  Okay, it was a little difficult, but I think you were asking how can you charge someone with murder when they were defending themselves
[01:56:38.000 --> 01:56:53.000]  No, I think he was saying how do you defend yourself against the charges when the prosecutor is trying to make self-defense into murder and you need to defend yourself against that kind of a charge?
[01:56:53.000 --> 01:57:09.000]  That's not enough information for us to be able to speak clearly to it. There was a guy, I think it was in Dallas, came into a restaurant with a weapon and was robbing the patrons
[01:57:09.000 --> 01:57:25.000]  Well, one of the patrons was carrying, pulled out his weapon and shot the guy six times. The guy was down, he walked up to him, popped him in the head
[01:57:25.000 --> 01:57:39.000]  Was that self-defense? The first six were self-defense, the seventh was murder
[01:57:39.000 --> 01:57:47.000]  So it depends on the fact set
[01:57:47.000 --> 01:57:49.000]  Are you there, Jack?
[01:57:49.000 --> 01:58:02.000]  Yeah, I just tell it to me, but say the guy, I mean, you know, that particular guy, how would he go about defending himself?
[01:58:02.000 --> 01:58:10.000]  He was like, he's written house a few years ago, but they got a guy, you know
[01:58:10.000 --> 01:58:24.000]  Okay, wait, wait, hold on, we're about to go to our sponsors, try hanging up, try a different location, it's an odd way that your voice is breaking up and making it difficult to understand
[01:58:24.000 --> 01:58:31.000]  It doesn't sound like a bad connection, I'm not sure what that is
[01:58:31.000 --> 01:58:36.000]  If you're on a VoIP line, maybe just low bandwidth
[01:58:36.000 --> 01:58:39.000]  Really bad
[01:58:39.000 --> 01:58:49.000]  Okay, hang on, we'll pick this up on the other side, Randy Carroll and Brett Fountain, we'll be right back
[01:59:09.000 --> 01:59:18.000]  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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