ROL_2023-06-30_16k_Hr3-4.timecode

[00:00.000 --> 00:05.420]  The Bill of Rights contains the first 10 amendments of our Constitution.
[00:05.420 --> 00:09.420]  They guarantee the specific freedoms Americans should know and protect.
[00:09.420 --> 00:10.920]  Our liberty depends on it.
[00:10.920 --> 00:14.820]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.820 --> 00:16.920]  your First Amendment rights.
[00:16.920 --> 00:18.520]  Privacy is under attack.
[00:18.520 --> 00:22.120]  When you give up data about yourself, you'll never get it back again.
[00:22.120 --> 00:26.900]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.900 --> 00:32.040]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.040 --> 00:34.640]  Privacy, it's worth hanging on to.
[00:34.640 --> 00:38.940]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.940 --> 00:42.480]  engine alternative to Google, Yahoo, and Bing.
[00:42.480 --> 00:44.920]  Start over with Startpage.
[00:44.920 --> 00:47.760]  Spar, it's what fighters do.
[00:47.760 --> 00:51.240]  It's also how I remember the five guarantees of the First Amendment.
[00:51.240 --> 00:54.400]  If you plan to take away my rights, I'm going to spar with you.
[00:54.400 --> 01:01.560]  Spar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.560 --> 01:02.920]  and R for religion.
[01:02.920 --> 01:07.000]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.000 --> 01:10.840]  assembly, and religion, but petition for redress is another matter.
[01:10.840 --> 01:14.560]  We have the right to petition the government for a redress of grievances.
[01:14.560 --> 01:18.080]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.080 --> 01:20.720]  the reasons without fear of being thrown into jail.
[01:20.720 --> 01:22.720]  I'm Dr. Catherine Albrecht.
[01:22.720 --> 01:31.080]  More news and information at CatherineAlbrecht.com.
[01:31.080 --> 01:34.720]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.720 --> 01:38.200]  They guarantee the specific freedoms Americans should know and protect.
[01:38.200 --> 01:39.680]  Our liberty depends on it.
[01:39.680 --> 01:43.560]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.560 --> 01:46.700]  one of your constitutional rights.
[01:46.700 --> 01:48.280]  Privacy is under attack.
[01:48.280 --> 01:51.880]  When you give up data about yourself, you'll never get it back again.
[01:51.880 --> 01:56.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.640 --> 02:01.680]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.680 --> 02:04.400]  Privacy, it's worth hanging on to.
[02:04.400 --> 02:08.680]  This public service announcement is brought to you by Startpage.com, the private search
[02:08.680 --> 02:12.240]  engine alternative to Google, Yahoo, and Bing.
[02:12.240 --> 02:14.320]  Start over with Startpage.
[02:14.320 --> 02:20.160]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.160 --> 02:22.240]  of Rights in a big old bear hug.
[02:22.240 --> 02:26.720]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.720 --> 02:30.560]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.560 --> 02:31.560]  Get it?
[02:31.560 --> 02:33.880]  Two arms, bear hug, bear arms?
[02:33.880 --> 02:37.480]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.480 --> 02:43.240]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.240 --> 02:47.360]  government, one more safeguard against the tyranny, which now appears remote in America,
[02:47.360 --> 02:50.400]  but which historically has proved to always be possible.
[02:50.400 --> 02:52.400]  I'm Dr. Catherine Albrecht.
[02:52.400 --> 03:18.680]  More news and information at CatherineAlbrecht.com.
[03:22.400 --> 03:39.760]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, Needleblower Radio.
[03:39.760 --> 03:50.720]  On this Friday, the 30th day of June, 2023, halfway through the year already, my mom warned
[03:50.720 --> 03:56.040]  me about this, about time going faster as we get older.
[03:56.040 --> 04:00.160]  If this keeps up, I'm going to wind up with a speeding ticket.
[04:00.160 --> 04:03.600]  Okay, we're talking to Tina in California.
[04:03.600 --> 04:04.600]  Yeah.
[04:04.600 --> 04:06.600]  Go ahead, Tina.
[04:06.600 --> 04:23.640]  Would the judges be acting outside the scope by refusing to allow the, refusing to force
[04:23.640 --> 04:32.160]  the other side to give full disclosures as required by the rules of procedure?
[04:32.160 --> 04:41.560]  Okay, in California, do they charge you extra to file a petition for writ of mandamus?
[04:41.560 --> 04:51.840]  I don't know, but I have an informal purpose on file, so I should be in.
[04:51.840 --> 04:59.680]  So this may be a way to get the judge kind of straightened out a bit.
[04:59.680 --> 05:10.280]  If you wave him in front of the Court of Appeals with a petition for mandamus, this is gonna
[05:10.280 --> 05:11.280]  hurt his feelings.
[05:11.280 --> 05:18.840]  Well, there's three judges on the Appeals Court, so how do I do that when I'm actually
[05:18.840 --> 05:23.760]  in the Appeal Court, and it's them that is denying me?
[05:23.760 --> 05:26.800]  Oh, this is the Appellate Court.
[05:26.800 --> 05:27.800]  Yeah.
[05:27.800 --> 05:33.600]  Then you might file for the mandamus with the Supreme.
[05:33.600 --> 05:37.080]  Okay.
[05:37.080 --> 05:44.880]  I'm not sure how the rules work in California, but that should certainly be an option.
[05:44.880 --> 05:53.000]  Yeah, cuz I don't understand why they're not forcing them to do what the law says they
[05:53.000 --> 05:56.760]  must do.
[05:56.760 --> 06:04.800]  So anytime a judge does that, mandamus time, and so if it's the Appellate Court doing
[06:04.800 --> 06:08.800]  it, go to the Supreme with a mandamus.
[06:08.800 --> 06:10.800]  That'll really embarrass them.
[06:10.800 --> 06:13.680]  Well, that would be nice.
[06:13.680 --> 06:20.120]  I mean, I just feel like they are showing complete bias, and I would like to recuse
[06:20.120 --> 06:26.040]  them from hearing my case, because they've already shown that they don't want to be
[06:26.040 --> 06:29.400]  bothered to allow my case to go forward.
[06:29.400 --> 06:32.920]  They just keep saying, enough, you've got to stop litigating.
[06:32.920 --> 06:36.760]  Well, no, I don't.
[06:36.760 --> 06:37.760]  So I have a right.
[06:37.760 --> 06:38.760]  Give me justice.
[06:38.760 --> 06:39.760]  Pardon?
[06:39.760 --> 06:44.440]  This is all, this is all politics.
[06:44.440 --> 06:48.940]  I'm saying you can be the lady that just demands and won't quit demanding.
[06:48.940 --> 06:49.940]  Give me justice.
[06:49.940 --> 06:52.860]  I'll quit litigating when you give me justice.
[06:52.860 --> 06:54.280]  I like that.
[06:54.280 --> 06:57.040]  I like that.
[06:57.040 --> 06:58.960]  I absolutely like that.
[06:58.960 --> 06:59.960]  Okay.
[06:59.960 --> 07:05.800]  I'm, maybe I'll add that into my reply brief that I'm working on right now, but I just
[07:05.800 --> 07:11.000]  wonder if I could recuse these judges, do something to make the other side give that
[07:11.000 --> 07:16.120]  discovery that they're required to give, and they're required to give it under the Rule
[07:16.120 --> 07:20.560]  26 before you even file a pleading.
[07:20.560 --> 07:25.800]  They're supposed to just have a conference about it and give you this, and they don't.
[07:25.800 --> 07:30.000]  And I didn't know that, so they've never given me that.
[07:30.000 --> 07:34.560]  So I want to go back and say this is wrong.
[07:34.560 --> 07:39.080]  Wait a minute, let me get this straight.
[07:39.080 --> 07:42.080]  Are you in the state or the federal court?
[07:42.080 --> 07:43.560]  The state.
[07:43.560 --> 07:48.000]  Okay, because you mentioned Rule 26.
[07:48.000 --> 07:54.240]  And I looked it up, and I've got a Rules of Federal Procedure here.
[07:54.240 --> 07:59.000]  And Rule 26 in the Fed appears to be the same as Rule 26 in the state.
[07:59.000 --> 08:02.080]  That's why I asked that question.
[08:02.080 --> 08:03.080]  So good.
[08:03.080 --> 08:04.080]  Yeah.
[08:04.080 --> 08:12.960]  It's easier to get to the stateship agreement, and it won't take two or three page petition.
[08:12.960 --> 08:18.280]  It does need to be very complicated.
[08:18.280 --> 08:22.240]  No, these judges have to be held accountable.
[08:22.240 --> 08:23.240]  Yes.
[08:23.240 --> 08:25.240]  Don't work on that.
[08:25.240 --> 08:30.440]  And the next thing I just wanted to mention, I think I posted it in Telegram is, and this
[08:30.440 --> 08:37.560]  is from the American Bar Association, and saying that every lawyer in the country must
[08:37.560 --> 08:42.080]  be sworn in or take the state's oath of office.
[08:42.080 --> 08:46.520]  It may seem traditional and mundane, but it has never been more important.
[08:46.520 --> 08:55.160]  This oath binds each attorney to certain professional obligations and requires us as lawyers to
[08:55.160 --> 09:01.480]  faithfully uphold and support the laws of our state and our country.
[09:01.480 --> 09:07.600]  And Miriam Webster's dictionary defines an oath as a solemn attestation of the truth
[09:07.600 --> 09:11.280]  or inviolability of one's word.
[09:11.280 --> 09:18.520]  The words in that oath are a mandate to all attorneys that they practice with professionalism,
[09:18.520 --> 09:20.800]  integrity, and respect.
[09:20.800 --> 09:27.800]  It further goes on to say, as officers of the court, lawyers are sworn to support the
[09:27.800 --> 09:34.480]  constitution, not just of the state in which they seek to practice, but above all, to support
[09:34.480 --> 09:37.440]  the constitution of the United States.
[09:37.440 --> 09:43.720]  This promise is included first in every state attorney's oath, and it is the most important
[09:43.720 --> 09:46.720]  promise that a new attorney will make.
[09:46.720 --> 09:53.520]  It commands an attorney to take action to ensure the supreme law of the land is followed
[09:53.520 --> 09:54.520]  and upheld.
[09:54.520 --> 09:58.280]  It says it commands an attorney to do that.
[09:58.280 --> 10:03.800]  This promise is a burden on all lawyers, and every lawyer must defend the constitution
[10:03.800 --> 10:07.440]  in all ways at all times.
[10:07.440 --> 10:15.480]  It says a prerequisite of your license is your inviolable promise that you will always
[10:15.480 --> 10:20.240]  support and defend the constitution in all situations.
[10:20.240 --> 10:25.800]  Lawyers may not take action, advocate for positions, or demand relief that would cause
[10:25.800 --> 10:27.000]  them to do otherwise.
[10:27.000 --> 10:34.560]  This is, above all, our most sacred promise that I will faithfully discharge the duties
[10:34.560 --> 10:37.140]  of the office of an attorney.
[10:37.140 --> 10:45.800]  We are required to take these rules seriously, to work and live by the rules, defining the
[10:45.800 --> 10:47.120]  duties of our office.
[10:47.120 --> 10:52.800]  It says integrity and civility are written into the codes of professional conduct in
[10:52.800 --> 10:59.040]  each state, and maintaining these qualities is a component of faithfully discharging the
[10:59.040 --> 11:01.280]  duties of our office.
[11:01.280 --> 11:07.360]  Many states explicitly call out the need for attorneys to maintain integrity, civility,
[11:07.360 --> 11:11.760]  honesty, dignity, and courteousness.
[11:11.760 --> 11:17.820]  The final promise in our oath reminds us that we have a duty to comport ourselves oppositely.
[11:17.820 --> 11:24.520]  We have a duty to be civil, personify the values of honesty and integrity.
[11:24.520 --> 11:26.560]  I'm just taking little parts of this.
[11:26.560 --> 11:30.280]  In that sense, we see what the oath of attorney is about.
[11:30.280 --> 11:36.400]  It's about devoting ourselves to the betterment of the profession and our communities, to
[11:36.400 --> 11:43.660]  ensuring that the rule of law is upheld, to advocating honestly and with integrity, straight
[11:43.660 --> 11:45.800]  out of the American Bar Association.
[11:45.800 --> 11:54.160]  You know, while you were reading that, I could just see a group of attorneys reading that
[11:54.160 --> 11:58.680]  and then just bursting into laughter.
[11:58.680 --> 12:00.800]  Yes.
[12:00.800 --> 12:09.440]  We had an article a few years ago on the Texas State Bar Association website, and it warned
[12:09.440 --> 12:18.240]  lawyers that at that time, and this is about six or seven years ago, 25% of all cases were
[12:18.240 --> 12:26.240]  handled by pro se litigants, because the public no longer trusted the legal profession.
[12:26.240 --> 12:30.840]  And it's getting worse.
[12:30.840 --> 12:32.340]  Yeah.
[12:32.340 --> 12:38.680]  When you were reading that, I was imagining these lawyers that have told you that you
[12:38.680 --> 12:41.920]  should have known they were lying.
[12:41.920 --> 12:50.640]  You should have known that they had no intention of doing what they promised you, and you should
[12:50.640 --> 12:54.240]  have known while you're reading all of this about basic ethics.
[12:54.240 --> 12:58.560]  Well, you should have known that, of course, we signed that, but we didn't mean it.
[12:58.560 --> 12:59.560]  Yeah.
[12:59.560 --> 13:00.560]  That's right.
[13:00.560 --> 13:05.480]  We didn't mean what we signed, but isn't there a duty to uphold that oath of office?
[13:05.480 --> 13:09.120]  I mean, what's the point of having one if you don't uphold it?
[13:09.120 --> 13:18.080]  What can we do about it, except put this all in our pleadings?
[13:18.080 --> 13:21.920]  Take it to a higher court, get the Supreme involved.
[13:21.920 --> 13:31.000]  They won't like being asked to order their court of appeals around, and they're likely
[13:31.000 --> 13:35.400]  to cut a button off their shirts.
[13:35.400 --> 13:42.120]  You're the pro se, you're the only one who can do this, you're the citizen.
[13:42.120 --> 13:44.640]  You can go all the way to the top.
[13:44.640 --> 13:51.960]  Well, I figure I would put this in my reply brief, I would put this as one of the appendix
[13:51.960 --> 13:58.040]  that they must take notice of, and I would list all this just so that I'm reminding them
[13:58.040 --> 13:59.320]  what they're supposed to do.
[13:59.320 --> 14:05.320]  They're not going to like it, but I'm going to put it in anyway.
[14:05.320 --> 14:11.040]  Well, you're not there to win any popularity contests anyway.
[14:11.040 --> 14:14.040]  Only with you, Randy.
[14:14.040 --> 14:18.920]  That's the only popularity contest I want to win.
[14:18.920 --> 14:19.920]  Nice.
[14:19.920 --> 14:26.320]  But no, I know I'm not going to win anything with these judges.
[14:26.320 --> 14:31.320]  They've already decided that they're going to deny me my appeal.
[14:31.320 --> 14:32.640]  I know that.
[14:32.640 --> 14:37.400]  I'm just trying to put everything on the record to take the California Supreme and then the
[14:37.400 --> 14:42.440]  U.S. Supreme, because they are not going to allow me to win.
[14:42.440 --> 14:48.080]  Well, maybe the Supreme hasn't made that determination yet.
[14:48.080 --> 14:52.000]  Well, we hope, yeah.
[14:52.000 --> 14:57.520]  But anyway, I'll post this again on Telegram so that if anyone else wants to utilize this
[14:57.520 --> 15:01.720]  in their own pleadings and say, this is what the attorneys are supposed to be doing, and
[15:01.720 --> 15:05.560]  instead, they're just lying to us and just laughing and thinking their oath of office
[15:05.560 --> 15:06.560]  doesn't matter.
[15:06.560 --> 15:10.720]  We sign it with our fingers crossed behind our back.
[15:10.720 --> 15:11.720]  Yeah.
[15:11.720 --> 15:17.560]  So, anyway, somebody needs to take them to task, and you sound like you're the right
[15:17.560 --> 15:18.560]  one.
[15:18.560 --> 15:22.480]  Well, me and Ted and maybe perhaps a few others.
[15:22.480 --> 15:27.320]  I'm sure Ted would like to do this, too.
[15:27.320 --> 15:32.240]  So anyway, we'll get together, and I'll get together with Ted C. Maybe the two of us can
[15:32.240 --> 15:36.280]  do something together in California, and others can do it elsewhere.
[15:36.280 --> 15:39.760]  But I'll let you go to your other callers, and thank you for your input.
[15:39.760 --> 15:40.760]  Okay.
[15:40.760 --> 15:41.760]  Thank you, Tina.
[15:41.760 --> 15:42.760]  Okay.
[15:42.760 --> 15:47.400]  Now we're going to Robin in New Jersey.
[15:47.400 --> 15:50.400]  Hello, Robin.
[15:50.400 --> 15:53.600]  Hello, Robin.
[15:53.600 --> 15:57.320]  Blessings, Randy, Brett.
[15:57.320 --> 15:58.320]  How you doing?
[15:58.320 --> 15:59.320]  Good.
[15:59.320 --> 16:00.320]  Doing good.
[16:00.320 --> 16:01.320]  All right.
[16:01.320 --> 16:03.960]  What do you have for us today?
[16:03.960 --> 16:09.520]  Man, I'm going to talk quick because I know you don't have much time, but thank you.
[16:09.520 --> 16:12.840]  And again, love you guys, appreciate what you do.
[16:12.840 --> 16:19.240]  So what I was saying yesterday was a friend of mine is a real estate agent and the landlord
[16:19.240 --> 16:25.480]  who controls the properties gave her a bunch of properties, and one in particular, the
[16:25.480 --> 16:29.440]  tenants were beyond, behind five months rent.
[16:29.440 --> 16:34.880]  She went there and basically had to show them, okay, I'll hold, I'll hold, I'll hold.
[16:34.880 --> 16:39.880]  But what I'm going to be doing is I want to know, can I do this thing?
[16:39.880 --> 16:40.880]  And I'll hold her.
[16:40.880 --> 16:41.880]  Okay.
[16:41.880 --> 16:42.880]  Hang on.
[16:42.880 --> 16:49.680]  Randy Kelton, Brett Fountain, we live in our radio, I'm not going to give out the calling
[16:49.680 --> 16:50.680]  number.
[16:50.680 --> 16:52.440]  We've got a full board of callers.
[16:52.440 --> 17:00.120]  Hang on, we'll be right back.
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[18:58.600 --> 19:06.000]  If you are listening to the Logos Radio Network, logosradionetwork.com.
[19:06.000 --> 19:18.520]  Well, don't let nothing get to you, only the father can deliver you, so don't let bad
[19:18.520 --> 19:32.520]  people hurt you until Satan get behind you, Norman, my friend, and all of your children.
[19:32.520 --> 19:35.520]  Come on.
[19:35.520 --> 19:45.520]  Okay, we are back, Randy Kelton with Fountainview Law Radio, and we just went to Robin in Choise.
[19:45.520 --> 19:46.520]  Okay.
[19:46.520 --> 19:49.520]  What do you have for us, Robin?
[19:49.520 --> 20:00.200]  Okay, so basically, and thanks again, so basically, the tenants of the house had to go, the landlord,
[20:00.200 --> 20:06.880]  the owner is selling the house, my friend, my queen is the real estate agent broker.
[20:06.880 --> 20:12.360]  So to make a long story short, instead of working with her, they don't work with her,
[20:12.360 --> 20:15.760]  so there was some sort of animosity there, because she could have helped them go into
[20:15.760 --> 20:16.760]  another house.
[20:16.760 --> 20:24.760]  But now, somehow, their car, his car was towed, a truck that was in the backyard that was
[20:24.760 --> 20:31.160]  no longer being used, it was towed, and he blamed her for theft.
[20:31.160 --> 20:37.640]  And now, it's the state versus her, not him versus her, in a case that we're fighting,
[20:37.640 --> 20:40.360]  and she didn't find out about this until a year later.
[20:40.360 --> 20:48.520]  So let's say the car was towed on the 25th of April, she didn't find out until May of
[20:48.520 --> 20:49.520]  23.
[20:49.520 --> 20:52.840]  It was in April 2022.
[20:52.840 --> 21:03.480]  And then the car was towed, but then he filed the cops, and the tow truck guy paid him
[21:03.480 --> 21:05.480]  for the car.
[21:05.480 --> 21:11.600]  In the police report, he wrote, accuser of theft, that he only got paid $500, the car
[21:11.600 --> 21:12.600]  was worth more.
[21:12.600 --> 21:16.760]  So my thing is, why is the state still pursuing that?
[21:16.760 --> 21:21.120]  Why isn't he the plaintiff, and the state is the plaintiff?
[21:21.120 --> 21:27.560]  And the other thing is, he was accusing, wanted more damages, but somehow, it went from up
[21:27.560 --> 21:32.040]  to $70,000, so just to $200, like.
[21:32.040 --> 21:36.160]  Hang on, why is he blaming her?
[21:36.160 --> 21:38.480]  I don't know.
[21:38.480 --> 21:39.480]  He doesn't say?
[21:39.480 --> 21:41.440]  He authorized the tow.
[21:41.440 --> 21:44.160]  He says that she authorized the tow.
[21:44.160 --> 21:46.040]  I'm looking at the documents right now.
[21:46.040 --> 21:52.040]  He says the car was towed, and that they're trying to say that the tow truck company called
[21:52.040 --> 21:55.640]  her, and she authorized the tow.
[21:55.640 --> 21:56.920]  And this was last year.
[21:56.920 --> 22:01.080]  She got no wind of this, so she got a call from a tow truck driver.
[22:01.080 --> 22:06.000]  She doesn't remember the call, but she has a text message with, he sent her a picture
[22:06.000 --> 22:10.600]  of a tractor trailer that the guy had in the front.
[22:10.600 --> 22:14.880]  So we're starting to think it's a conspiracy, like the guy knows the tow truck company.
[22:14.880 --> 22:20.280]  I don't even know what's going on, but I'm just trying to figure out, from him accusing
[22:20.280 --> 22:28.800]  her of theft, why is the state saying, pressing the charges, and it's the state versus her.
[22:28.800 --> 22:31.680]  But that's normal.
[22:31.680 --> 22:37.240]  When anybody accuses somebody of a crime, it's normal for the charges to come out as
[22:37.240 --> 22:41.080]  state versus the accused.
[22:41.080 --> 22:50.160]  Okay, so does that mean, you know what I mean, does the state have standing, is the state
[22:50.160 --> 22:51.480]  competent in that matter?
[22:51.480 --> 22:57.240]  I'm not clear on that.
[22:57.240 --> 23:03.320]  Well, the state doesn't have to be confident, they just need to take the complaint.
[23:03.320 --> 23:13.960]  And if every essential element of the crime of theft is asserted by some kind of fact,
[23:13.960 --> 23:19.040]  they assert that such and such is true, and therefore, she committed theft.
[23:19.040 --> 23:25.320]  So they take that complaint, and just like Randy was talking about earlier, the complaint
[23:25.320 --> 23:29.800]  that comes to the court, the court has to take it on its face and say, hey, if everything
[23:29.800 --> 23:36.520]  here is true, now with crime, there's supposed to be a preliminary hearing.
[23:36.520 --> 23:41.720]  There's supposed to be a probable cause determination by a magistrate.
[23:41.720 --> 23:46.700]  A lot of states don't do that, but they're all supposed to.
[23:46.700 --> 23:53.880]  So that would be where the, did you say, is this your wife you said?
[23:53.880 --> 23:56.600]  Yeah, it's my, you're my queen.
[23:56.600 --> 24:01.520]  So you said a probable cause, so that's what they wrote on the document, the show of probable
[24:01.520 --> 24:03.440]  cause.
[24:03.440 --> 24:10.080]  And that's where he wrote on a day after he got paid.
[24:10.080 --> 24:18.200]  So he got paid on April 1st, then he went down to the police station on April, excuse
[24:18.200 --> 24:24.800]  me, on May 1st, the incident happened on April 25th.
[24:24.800 --> 24:31.760]  Well all of this other stuff that's going on with him, that's potentially some shenanigans,
[24:31.760 --> 24:44.480]  but you can't point at all of that to get her, to get her accusation to go away.
[24:44.480 --> 24:48.200]  There's an accusation that gets against her and she's going to have to defend against
[24:48.200 --> 24:50.380]  that crime.
[24:50.380 --> 24:58.080]  That accusation is not going to go away by you pointing at all this weirdness and discrepancies
[24:58.080 --> 25:02.200]  and mismatched stuff that's going on with him.
[25:02.200 --> 25:05.440]  That won't do anything for the accusation against her.
[25:05.440 --> 25:07.960]  Does that make sense?
[25:07.960 --> 25:09.400]  Yeah, absolutely.
[25:09.400 --> 25:10.400]  I'd like to address that.
[25:10.400 --> 25:12.200]  The thing is, I'm just bypassing it.
[25:12.200 --> 25:14.200]  This stuff is so frivolous.
[25:14.200 --> 25:19.440]  I've already written a motion to strike, motion to dismiss, and all that.
[25:19.440 --> 25:23.240]  I'm not even worried about the accusation because it's so frivolous, it's obviously
[25:23.240 --> 25:24.240]  fraud.
[25:24.240 --> 25:28.440]  So that's why I'm bypassing all that because I've already written up the pleading.
[25:28.440 --> 25:31.960]  We've already asked for records of everything that they have on her.
[25:31.960 --> 25:33.880]  They say they have nothing else.
[25:33.880 --> 25:36.560]  So I'm just jumping straight to the lawsuit.
[25:36.560 --> 25:37.560]  Who can we sue?
[25:37.560 --> 25:39.920]  Because one, we're going to sue the guy for defamation.
[25:39.920 --> 25:43.920]  Just the fact that he accused her of theft is just so out of the question.
[25:43.920 --> 25:44.920]  No, no, no, no.
[25:44.920 --> 25:53.060]  You can't sue him for what he filed in a criminal complaint unless he lied.
[25:53.060 --> 26:02.280]  So my question is, what evidence do they have against her beyond the fact that this guy
[26:02.280 --> 26:08.520]  claimed she authorized the tow truck driver to tow the vehicle?
[26:08.520 --> 26:14.480]  Is there evidence to indicate that she called the tow truck company?
[26:14.480 --> 26:15.480]  No.
[26:15.480 --> 26:20.400]  Did the tow company claim that she called her?
[26:20.400 --> 26:32.000]  No, they are claiming that we've sent a call them and asked to see who authorized the towing.
[26:32.000 --> 26:33.280]  They didn't return a call.
[26:33.280 --> 26:40.160]  Then we sent a certified letter to them giving them 10 days to respond, I think it's 14 days
[26:40.160 --> 26:41.160]  to respond.
[26:41.160 --> 26:49.040]  I think the 14 day might be up like now about who authorized the towing and so we're waiting
[26:49.040 --> 26:50.320]  for feedback for that.
[26:50.320 --> 26:53.200]  But the only thing, she never authorized the towing.
[26:53.200 --> 26:57.920]  They just sent her a picture of a trailer that was in the front because the guy himself
[26:57.920 --> 26:58.920]  tows truck.
[26:58.920 --> 27:03.800]  He works for a towing company, but we're not sure if he worked for that particular towing
[27:03.800 --> 27:04.800]  company.
[27:04.800 --> 27:08.000]  So it's just really weird.
[27:08.000 --> 27:12.720]  So they don't have enough evidence to say that she authorized the towing.
[27:12.720 --> 27:15.720]  So I'm confident that it's going to get thrown out.
[27:15.720 --> 27:20.640]  I'm just so annoyed by this because her license is at stake and this whole thing went on for
[27:20.640 --> 27:22.200]  a year without her knowing.
[27:22.200 --> 27:25.800]  So that's why I'm just wondering if we can sue the state.
[27:25.800 --> 27:33.800]  And it doesn't sound like I have much against the state, I just have to go directly to him.
[27:33.800 --> 27:39.960]  So they're not saying that she towed it, they're just saying that she authorized the tow.
[27:39.960 --> 27:45.800]  I'm trying to figure out how they get criminal against her.
[27:45.800 --> 27:52.600]  And that's what I'm saying, that the state reduced it.
[27:52.600 --> 27:57.280]  So if you looked at the facts, the details, and you figure, all right, this isn't enough
[27:57.280 --> 28:02.360]  for a $70,000 case or whatever, and you reduced it, why didn't you just look at the facts
[28:02.360 --> 28:03.720]  and just throw it out?
[28:03.720 --> 28:07.200]  So now, you know, so that's what I'm saying.
[28:07.200 --> 28:14.800]  Okay, she might consider filing a motion to dismiss for lack of evidence.
[28:14.800 --> 28:21.000]  What state were you in, New Jersey?
[28:21.000 --> 28:24.040]  Have they issued a warrant for her arrest?
[28:24.040 --> 28:28.080]  No, no, it's a year.
[28:28.080 --> 28:31.080]  No, they have it.
[28:31.080 --> 28:32.080]  Weird.
[28:32.080 --> 28:34.080]  This is so weird.
[28:34.080 --> 28:35.080]  That's what I'm saying.
[28:35.080 --> 28:36.080]  He's weird.
[28:36.080 --> 28:37.080]  The guy is weird and I get it.
[28:37.080 --> 28:46.040]  But I'm just like, why is the state pursuing this when, you know, it's so shaky?
[28:46.040 --> 28:52.640]  She might consider filing a motion to dismiss for lack of evidence, you know, file a statement
[28:52.640 --> 29:01.840]  claiming that she had nothing to do with it, that she did not authorize any toll, and demand
[29:01.840 --> 29:14.000]  that the state prove up its claim or ask for a dismissal.
[29:14.000 --> 29:19.960]  Sometimes prosecutors get lots of claims, and for the most part, they just try to get
[29:19.960 --> 29:23.160]  everybody to make a deal.
[29:23.160 --> 29:24.400]  They don't even look at them.
[29:24.400 --> 29:26.360]  They just try to get everybody to make a deal.
[29:26.360 --> 29:32.200]  If you don't make a deal and you raise a stink about it, then they'll look at the case.
[29:32.200 --> 29:38.440]  So filing a motion to dismiss for lack of evidence with an attached affidavit claiming
[29:38.440 --> 29:44.240]  that she had nothing to do with the automobile being towed, that she did not authorize it,
[29:44.240 --> 29:47.840]  she didn't call the towing company, she knows nothing about it.
[29:47.840 --> 29:56.360]  And that puts the prosecutor on the dime so that he has to prove up everything.
[29:56.360 --> 30:01.120]  And they're like, Mr. Smiths, hang on, we'll be right back.
[30:01.120 --> 30:05.520]  Everyone knows that walking is a great exercise, but you might not know that the way you walk
[30:05.520 --> 30:07.560]  could predict how long you're going to live.
[30:07.560 --> 30:12.880]  I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication
[30:12.880 --> 30:14.560]  in just a moment.
[30:14.560 --> 30:16.160]  Privacy is under attack.
[30:16.160 --> 30:19.760]  When you give up data about yourself, you'll never get it back again.
[30:19.760 --> 30:24.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.520 --> 30:29.680]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.680 --> 30:32.280]  Privacy, it's worth hanging on to.
[30:32.280 --> 30:36.580]  This public service announcement is brought to you by StartPage.com, the private search
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[30:43.400 --> 30:47.840]  New research shows how fast you walk could predict how long you're going to live.
[30:47.840 --> 30:52.400]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.400 --> 30:55.640]  per second or faster live longer than expected.
[30:55.640 --> 31:00.040]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.040 --> 31:04.740]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.740 --> 31:07.080]  as more traditional statistical measures.
[31:07.080 --> 31:10.400]  Generally speaking, faster walkers live longer.
[31:10.400 --> 31:12.880]  Measuring walking speed is quick and inexpensive.
[31:12.880 --> 31:16.720]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.720 --> 31:20.920]  Researchers say it could help doctors identify older patients who need special care.
[31:20.920 --> 31:22.800]  I'm Dr. Catherine Albrecht.
[31:22.800 --> 31:25.400]  More news and information at CatherineAlbrecht.com.
[31:25.400 --> 31:31.280]  I lost my son.
[31:31.280 --> 31:32.280]  My nephew.
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[31:38.640 --> 31:42.760]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.760 --> 31:48.600]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.600 --> 31:52.280]  and engineers have looked into the evidence and believe there is more to the story.
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[31:55.840 --> 31:56.840]  My son.
[31:56.840 --> 31:57.840]  Go to buildingwhat.org.
[31:57.840 --> 32:01.680]  Why it fell, why it matters, and what you can do.
[32:01.680 --> 32:06.080]  Are you looking to have a closer relationship with God and a better understanding of His
[32:06.080 --> 32:07.080]  Word?
[32:07.080 --> 32:11.760]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for
[32:11.760 --> 32:18.600]  Scripture Talk where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[32:18.600 --> 32:23.120]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly
[32:23.120 --> 32:25.520]  dividing the word of truth.
[32:25.520 --> 32:29.520]  Starting in January, our first hour studies are in the Book of Mark where we'll go verse
[32:29.520 --> 32:32.840]  by verse and discuss the true Gospel message.
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[32:37.480 --> 32:39.840]  and Christian character development.
[32:39.840 --> 32:44.360]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.360 --> 32:48.680]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.680 --> 32:50.960]  of our Lord and Savior Jesus.
[32:50.960 --> 32:57.600]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and
[32:57.600 --> 33:02.360]  motivate your studies of the Scriptures.
[33:02.360 --> 33:28.240]  Live free speech radio, LogosRadioNetwork.com.
[33:32.360 --> 33:45.880]  Okay, we are back, Randy Telford's Red Fountain Rule Law Radio and we're talking to Robin
[33:45.880 --> 33:46.880]  in New Jersey.
[33:46.880 --> 33:52.640]  Robin, we don't have enough information about this complaint to be able to actually say
[33:52.640 --> 33:57.640]  anything definitively.
[33:57.640 --> 34:06.080]  He needs to file a motion to dismiss and force the prosecutor to look at his case and he
[34:06.080 --> 34:08.280]  may just dismiss it.
[34:08.280 --> 34:11.480]  Yeah, he will.
[34:11.480 --> 34:13.200]  He will.
[34:13.200 --> 34:18.720]  I've already written this up and written all the facts and that's exactly what I'll do.
[34:18.720 --> 34:24.000]  That's the main thing is I was just wondering, can we sue for them pursuing this?
[34:24.000 --> 34:26.800]  And I mean, just by...
[34:26.800 --> 34:29.040]  Yeah, that's my question.
[34:29.040 --> 34:34.640]  There are probably other stuff you can go after him for, but filing a criminal complaint
[34:34.640 --> 34:41.600]  you can't unless you can show aggravated pursuit.
[34:41.600 --> 34:54.080]  If he honestly believes that she had his automobile towed, then he is within his rights to file
[34:54.080 --> 34:58.080]  a criminal complaint.
[34:58.080 --> 35:01.680]  This is how it's supposed to work.
[35:01.680 --> 35:07.000]  A citizen files a complaint with a magistrate that does no one any harm.
[35:07.000 --> 35:14.280]  Then the magistrate is to examine into the sufficiency of the allegation.
[35:14.280 --> 35:20.960]  If the magistrate finds probable cause, then the magistrate will issue a warrant.
[35:20.960 --> 35:28.840]  Now that could cause the person some harm, but the one who gave notice of crime did not
[35:28.840 --> 35:32.040]  cause that harm.
[35:32.040 --> 35:34.840]  They just gave notice.
[35:34.840 --> 35:39.480]  It was the magistrate who caused the harm.
[35:39.480 --> 35:45.320]  And the only time that could be actionable is if the person who gave notice of crime
[35:45.320 --> 35:52.720]  deliberately lied to the magistrate.
[35:52.720 --> 36:01.360]  That would have to be proved up.
[36:01.360 --> 36:09.600]  If he acted in good faith and really believed that she had the car towed, then he's well
[36:09.600 --> 36:13.080]  within his rights and he's protected.
[36:13.080 --> 36:20.400]  He may be a dirty rotten scoundrel, but you can't get him for this one.
[36:20.400 --> 36:28.560]  To be honest, Randy, I think we're going to be able to prove that he worked with that
[36:28.560 --> 36:33.000]  tow truck guy, that they know each other.
[36:33.000 --> 36:38.840]  In that case, that's a big deal.
[36:38.840 --> 36:43.000]  Then you can go after him big time.
[36:43.000 --> 36:45.880]  I think that's just how it's going to pan out.
[36:45.880 --> 36:53.080]  By the tow truck, not getting back to us with a simple question, who authorized this towing?
[36:53.080 --> 36:57.200]  It's looking really fishy.
[36:57.200 --> 36:58.200]  But thank you.
[36:58.200 --> 36:59.200]  Can I actually-
[36:59.200 --> 37:00.200]  Well, okay.
[37:00.200 --> 37:10.880]  If you have reason to believe, and you do believe, that the towing operator and this
[37:10.880 --> 37:20.280]  guy conspired with one another to recuse this woman of stealing his automobile, you have
[37:20.280 --> 37:26.280]  a duty to report that crime, and you are protected.
[37:26.280 --> 37:28.280]  Oh, wow.
[37:28.280 --> 37:29.280]  Okay.
[37:29.280 --> 37:33.920]  I didn't think about that.
[37:33.920 --> 37:36.120]  I was just going to do it.
[37:36.120 --> 37:41.920]  That particular door swings both ways.
[37:41.920 --> 37:50.200]  We suggest people file criminal charges all the time, but never file a bogus charge.
[37:50.200 --> 37:52.400]  That can really come back at you.
[37:52.400 --> 37:54.880]  Yeah, no, no, no, no.
[37:54.880 --> 37:57.600]  We're compiling the facts now.
[37:57.600 --> 37:58.600]  We'll see.
[37:58.600 --> 38:03.920]  We will definitely, definitely see, but thank you.
[38:03.920 --> 38:07.880]  Is there any way I can ask you about another one, or should I just make another call at
[38:07.880 --> 38:08.880]  another time?
[38:08.880 --> 38:13.640]  Now, we'll go ahead.
[38:13.640 --> 38:17.040]  There was one thing I was going to suggest.
[38:17.040 --> 38:27.000]  Look at New Jersey law and look up pretrial discovery.
[38:27.000 --> 38:34.240]  Texas has the best pretrial discovery in the country, but you may have pretrial discovery
[38:34.240 --> 38:36.360]  in New Jersey.
[38:36.360 --> 38:45.120]  And what that is, if you believe you have a claim, but you're not certain the information
[38:45.120 --> 38:56.480]  you need to prove up the claim is held by someone else, then you can do pretrial discovery
[38:56.480 --> 38:59.920]  to determine whether or not you have a claim.
[38:59.920 --> 39:04.360]  In this case, tow truck company.
[39:04.360 --> 39:11.800]  You want to depose the tow truck driver who towed the vehicle to find out if he knows
[39:11.800 --> 39:13.800]  the person from whom he towed it.
[39:13.800 --> 39:15.800]  Oh yeah, very nice.
[39:15.800 --> 39:17.920]  Yeah, that is amazing.
[39:17.920 --> 39:20.240]  I did not think about that.
[39:20.240 --> 39:22.360]  That gives him no room to just ignore.
[39:22.360 --> 39:28.640]  Hey, that's why I get the big bucks.
[39:28.640 --> 39:34.480]  Deborah's going to double my salary again.
[39:34.480 --> 39:39.400]  She doubles my salary every week or so.
[39:39.400 --> 39:43.400]  Still broke, but oh well.
[39:43.400 --> 39:46.000]  Man, you help so many people.
[39:46.000 --> 39:48.920]  But here's the question on that one though.
[39:48.920 --> 39:57.720]  So motion to dismiss for lack of evidence and added with a part of that person, it's
[39:57.720 --> 40:04.360]  definitely going to be an affidavit with the motion to dismiss or should I do the pretrial
[40:04.360 --> 40:07.960]  discovery first with the affidavit?
[40:07.960 --> 40:12.040]  See if you can find pretrial discovery in New Jersey.
[40:12.040 --> 40:18.040]  Brett, can you do a quick search for that while we yak in here?
[40:18.040 --> 40:24.240]  There is some kind of pretrial discovery in most every state.
[40:24.240 --> 40:31.840]  Texas has complete discovery, but most states only allow depositions.
[40:31.840 --> 40:40.800]  So you petition, if you have it, then you petition the court to order pretrial discovery
[40:40.800 --> 40:41.800]  deposition.
[40:41.800 --> 40:45.640]  You want to depose the tow truck driver.
[40:45.640 --> 40:53.880]  If the tow truck driver is this guy's buddy and they pull this shenanigan, would you call
[40:53.880 --> 40:58.120]  him in for a deposition?
[40:58.120 --> 41:06.560]  He's likely to throw his buddy under the bus to keep him going under the bus himself.
[41:06.560 --> 41:19.160]  And they will probably go to great lengths to let you know who ordered that tow.
[41:19.160 --> 41:25.640]  At the end of the day, it's all politics.
[41:25.640 --> 41:29.160]  And this will create some politics for you.
[41:29.160 --> 41:30.160]  Okay.
[41:30.160 --> 41:33.720]  Do you have anything else for us?
[41:33.720 --> 41:34.720]  Yes.
[41:34.720 --> 41:35.720]  Yes.
[41:35.720 --> 41:36.720]  Thank you.
[41:36.720 --> 41:40.640]  I'm looking at pretrial discovery right now.
[41:40.640 --> 41:48.840]  Take a look at the court rules 410 and dash 1 and dash 4.
[41:48.840 --> 41:52.680]  Looks like they'll help you out there.
[41:52.680 --> 41:57.520]  That's what came up for me until I didn't go in.
[41:57.520 --> 42:04.440]  So I had called before about during COVID, so I don't know the statute of limitations
[42:04.440 --> 42:06.040]  of New Jersey.
[42:06.040 --> 42:12.520]  And I got another thing that I work in, man, in New York, but I live in New Jersey.
[42:12.520 --> 42:20.200]  What statute of limitations would apply if I want to pursue an action?
[42:20.200 --> 42:21.200]  Would it be both?
[42:21.200 --> 42:24.200]  Would I pursue the action in New York?
[42:24.200 --> 42:26.400]  Depends on the nature of the action.
[42:26.400 --> 42:30.760]  I'll say that for a different call.
[42:30.760 --> 42:39.080]  If you're pursuing a federal issue, you can pursue it in the federal court that's closest
[42:39.080 --> 42:40.080]  to you.
[42:40.080 --> 42:46.000]  But if you're pursuing state issues, you'll have to pursue them in the state that has
[42:46.000 --> 42:47.000]  jurisdiction.
[42:47.000 --> 42:48.000]  Oh, okay.
[42:48.000 --> 42:49.000]  Thank you.
[42:49.000 --> 42:50.000]  Thank you.
[42:50.000 --> 42:51.000]  Okay.
[42:51.000 --> 42:52.000]  Is that all you have, Robin?
[42:52.000 --> 42:53.000]  The last one.
[42:53.000 --> 43:13.360]  And I won't bother you, it's the case where the cop, you know what, I'll call next week
[43:13.360 --> 43:14.360]  about that.
[43:14.360 --> 43:15.360]  Thank you for your time.
[43:15.360 --> 43:16.360]  I know others are waiting.
[43:16.360 --> 43:17.360]  Thank you.
[43:17.360 --> 43:18.360]  I'll call next week.
[43:18.360 --> 43:19.360]  Appreciate you guys.
[43:19.360 --> 43:20.360]  Okay.
[43:20.360 --> 43:21.360]  Thank you, Robin.
[43:21.360 --> 43:31.520]  Okay, now we're going to go to Ted in California or Oregon or wherever he's from.
[43:31.520 --> 43:32.520]  Hello, Ted.
[43:32.520 --> 43:39.280]  I knew you called on me just before you went to break.
[43:39.280 --> 43:40.280]  Okay.
[43:40.280 --> 43:41.280]  Time's up.
[43:41.280 --> 43:44.280]  You gave me your opportunity.
[43:44.280 --> 43:45.280]  Okay.
[43:45.280 --> 43:46.280]  Hang on.
[43:46.280 --> 43:50.800]  We do have another slot on the board now.
[43:50.800 --> 44:00.520]  We'll be right back.
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[45:43.520 --> 45:49.680]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
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[45:52.480 --> 46:20.480]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[46:20.480 --> 46:45.800]  Thank you.
[46:50.480 --> 46:52.480]  Shout in distance
[46:52.480 --> 46:54.480]  I vote for bravery
[46:54.480 --> 46:56.480]  And against slavery
[46:56.480 --> 46:58.480]  Showing resistance
[46:58.480 --> 47:00.480]  First I'm crawling, then I'm walking
[47:00.480 --> 47:02.480]  Then I start strutting
[47:02.480 --> 47:04.480]  I'm just so glad
[47:04.480 --> 47:06.480]  To make my living
[47:06.480 --> 47:08.480]  Pushin' buttons
[47:10.480 --> 47:14.480]  Whoa, whoa, whoa, whoa
[47:16.480 --> 47:19.480]  Whoa, whoa, whoa, whoa
[47:19.480 --> 47:21.480]  Yeah
[47:21.480 --> 47:23.480]  We sat down to play Monopoly
[47:23.480 --> 47:25.480]  We all wanted to win the game
[47:25.480 --> 47:27.480]  We gave some guy
[47:27.480 --> 47:29.480]  Okay, we are back
[47:29.480 --> 47:31.480]  Randy Kelton, Brett Felton
[47:31.480 --> 47:33.480]  We're talking to Ted
[47:33.480 --> 47:35.480]  And Ted just used
[47:35.480 --> 47:37.480]  up a whole segment
[47:37.480 --> 47:39.480]  What do you have
[47:39.480 --> 47:41.480]  for us?
[47:41.480 --> 47:43.480]  Well
[47:43.480 --> 47:45.480]  Um
[47:45.480 --> 47:47.480]  First of all, good evening
[47:47.480 --> 47:49.480]  Dr. Kelton and Brett
[47:49.480 --> 47:51.480]  Um
[47:51.480 --> 47:53.480]  On Chris's
[47:53.480 --> 47:55.480]  thing, I just want Chris
[47:55.480 --> 47:57.480]  to get
[47:57.480 --> 47:59.480]  paid. And if
[47:59.480 --> 48:01.480]  Chris wants to help people with
[48:01.480 --> 48:03.480]  this towing
[48:03.480 --> 48:05.480]  situation, the best thing you can do
[48:05.480 --> 48:07.480]  is get paid
[48:07.480 --> 48:09.480]  and put the work
[48:09.480 --> 48:11.480]  out there, show
[48:11.480 --> 48:13.480]  where people can
[48:13.480 --> 48:15.480]  go and get his work
[48:15.480 --> 48:17.480]  and have somewhat of a roadmap
[48:17.480 --> 48:19.480]  to do the same.
[48:19.480 --> 48:21.480]  Um, and then
[48:21.480 --> 48:23.480]  one of those people could
[48:23.480 --> 48:25.480]  decide, you know, to take it
[48:25.480 --> 48:27.480]  further and so on.
[48:27.480 --> 48:29.480]  I'm really interested in this subject
[48:29.480 --> 48:31.480]  because I actually got a call today
[48:31.480 --> 48:33.480]  from a woman
[48:33.480 --> 48:35.480]  in San Jose that
[48:35.480 --> 48:37.480]  they stole her
[48:37.480 --> 48:39.480]  motorhome
[48:39.480 --> 48:41.480]  and she lives in it.
[48:41.480 --> 48:43.480]  So, and they
[48:43.480 --> 48:45.480]  know that.
[48:45.480 --> 48:47.480]  And she's down at the court all the time
[48:47.480 --> 48:49.480]  and this
[48:49.480 --> 48:51.480]  is another custom and practice that's
[48:51.480 --> 48:53.480]  going on in Silicon Valley.
[48:53.480 --> 48:55.480]  And they get away
[48:55.480 --> 48:57.480]  with it because nobody
[48:57.480 --> 48:59.480]  has been successful
[48:59.480 --> 49:01.480]  like Chris.
[49:01.480 --> 49:03.480]  So
[49:03.480 --> 49:05.480]  that was the
[49:05.480 --> 49:07.480]  first thing. And then yeah, the whole time
[49:07.480 --> 49:09.480]  Tina was reading that thing, I was
[49:09.480 --> 49:11.480]  laughing. I was
[49:11.480 --> 49:13.480]  laughing at the lawyers that I
[49:13.480 --> 49:15.480]  the thousands of lawyers I saw laughing
[49:15.480 --> 49:17.480]  while she was reading it.
[49:17.480 --> 49:19.480]  Yeah, that's
[49:19.480 --> 49:21.480]  exactly what I was thinking.
[49:21.480 --> 49:23.480]  You know,
[49:23.480 --> 49:25.480]  because, yeah, wouldn't it
[49:25.480 --> 49:27.480]  be nice?
[49:27.480 --> 49:29.480]  And the only thing I would
[49:29.480 --> 49:31.480]  possibly do
[49:31.480 --> 49:33.480]  is file it into the case
[49:33.480 --> 49:35.480]  as mandatory, judicially noticed
[49:35.480 --> 49:37.480]  evidence.
[49:37.480 --> 49:39.480]  And possibly,
[49:39.480 --> 49:41.480]  I don't know,
[49:41.480 --> 49:43.480]  try to
[49:43.480 --> 49:45.480]  get the lawyer under deposition and ask
[49:45.480 --> 49:47.480]  him if he's
[49:47.480 --> 49:49.480]  if he's
[49:49.480 --> 49:51.480]  if he's broken
[49:51.480 --> 49:53.480]  that
[49:53.480 --> 49:55.480]  or violated it.
[49:55.480 --> 49:57.480]  And yeah,
[49:57.480 --> 49:59.480]  I'm willing to
[49:59.480 --> 50:01.480]  work with Tina.
[50:01.480 --> 50:03.480]  But you know where I'm at right
[50:03.480 --> 50:05.480]  now is
[50:05.480 --> 50:07.480]  I've got my claim into the county.
[50:07.480 --> 50:09.480]  I'm waiting for their response.
[50:09.480 --> 50:11.480]  And honestly,
[50:11.480 --> 50:13.480]  I
[50:13.480 --> 50:15.480]  I'm getting behind a little bit
[50:15.480 --> 50:17.480]  because I should be writing
[50:17.480 --> 50:19.480]  the lawsuit.
[50:19.480 --> 50:21.480]  And
[50:21.480 --> 50:23.480]  you know, getting prepared.
[50:23.480 --> 50:25.480]  I listen in because every
[50:25.480 --> 50:27.480]  time I listen to your show, I learn something
[50:27.480 --> 50:29.480]  new.
[50:29.480 --> 50:31.480]  And I learn some other things
[50:31.480 --> 50:33.480]  that should be done.
[50:33.480 --> 50:35.480]  So
[50:35.480 --> 50:37.480]  and I unfortunately
[50:37.480 --> 50:39.480]  was on the road last night.
[50:39.480 --> 50:41.480]  I guess I heard earlier tonight
[50:41.480 --> 50:43.480]  Dr. Graves called in yesterday.
[50:43.480 --> 50:45.480]  So I'll wait for the archives
[50:45.480 --> 50:47.480]  to pop up and I'll listen
[50:47.480 --> 50:49.480]  to those segments.
[50:49.480 --> 50:51.480]  But
[50:53.480 --> 50:55.480]  you know, I'm not currently
[50:55.480 --> 50:57.480]  in San Jose.
[50:57.480 --> 50:59.480]  And I got another phone call today
[50:59.480 --> 51:01.480]  from a process server
[51:01.480 --> 51:03.480]  who's out.
[51:03.480 --> 51:05.480]  I mentioned his field of work
[51:05.480 --> 51:07.480]  because he's been doing it his
[51:07.480 --> 51:09.480]  entire career.
[51:09.480 --> 51:11.480]  And he called me today and said, Ted,
[51:11.480 --> 51:13.480]  things are getting really bad.
[51:13.480 --> 51:15.480]  And
[51:15.480 --> 51:17.480]  just crazy on
[51:17.480 --> 51:19.480]  in the court.
[51:19.480 --> 51:21.480]  What's going
[51:21.480 --> 51:23.480]  on? He says
[51:23.480 --> 51:25.480]  his comment. Remember, this is a
[51:25.480 --> 51:27.480]  guy who sits out in front of the court
[51:27.480 --> 51:29.480]  hands out flyers for his business.
[51:29.480 --> 51:31.480]  So he's kind of got
[51:31.480 --> 51:33.480]  his fingers on the pulse of things going on.
[51:33.480 --> 51:35.480]  He's hearing what's going on.
[51:35.480 --> 51:37.480]  There's some really crazy
[51:37.480 --> 51:39.480]  things starting. You know, you
[51:39.480 --> 51:41.480]  mentioned Chicago and how bad it is
[51:41.480 --> 51:43.480]  or was.
[51:43.480 --> 51:45.480]  And yeah, when the dailies
[51:45.480 --> 51:47.480]  ran that town,
[51:47.480 --> 51:49.480]  it was
[51:49.480 --> 51:51.480]  crazy.
[51:51.480 --> 51:53.480]  I mean, and I couldn't, I couldn't imagine
[51:53.480 --> 51:55.480]  why people put up with that. And
[51:55.480 --> 51:57.480]  I totally understood why you said
[51:57.480 --> 51:59.480]  we're getting out of here. But
[52:01.480 --> 52:03.480]  you know, out there in Chicago,
[52:03.480 --> 52:05.480]  it's all done in the open
[52:05.480 --> 52:07.480]  and it's kind of like in your face.
[52:07.480 --> 52:09.480]  And what are you going to do about it?
[52:09.480 --> 52:11.480]  In the Bay Area,
[52:11.480 --> 52:13.480]  it's all done behind the
[52:13.480 --> 52:15.480]  scenes and all the people that
[52:15.480 --> 52:17.480]  are involved in all this shady
[52:17.480 --> 52:19.480]  stuff. They all know each other.
[52:19.480 --> 52:21.480]  And it's more of a mafia
[52:21.480 --> 52:23.480]  underground thing.
[52:23.480 --> 52:25.480]  So I don't know which one's worse.
[52:25.480 --> 52:27.480]  But
[52:27.480 --> 52:29.480]  yeah,
[52:29.480 --> 52:31.480]  this guy's calling me and telling me
[52:31.480 --> 52:33.480]  that there's judges.
[52:33.480 --> 52:35.480]  Just, I won't get into all
[52:35.480 --> 52:37.480]  the details of it. But what I'm
[52:37.480 --> 52:39.480]  really getting at is the courts are getting
[52:39.480 --> 52:41.480]  really crazy.
[52:41.480 --> 52:43.480]  Really, really. He said
[52:43.480 --> 52:45.480]  man, it must, his
[52:45.480 --> 52:47.480]  comment was, it must be getting close
[52:47.480 --> 52:49.480]  to the end.
[52:49.480 --> 52:51.480]  That everything's about to collapse
[52:51.480 --> 52:53.480]  because, he says, I've
[52:53.480 --> 52:55.480]  never seen it this crazy
[52:55.480 --> 52:57.480]  ever. The crazy things judges
[52:57.480 --> 52:59.480]  are doing. There's retired judges
[52:59.480 --> 53:01.480]  making rulings. They're not, they don't
[53:01.480 --> 53:03.480]  even have a department.
[53:03.480 --> 53:05.480]  You know, they're not in the courthouse.
[53:05.480 --> 53:07.480]  And he made a comment, this one judge,
[53:07.480 --> 53:09.480]  I guess she's working from home.
[53:09.480 --> 53:11.480]  So there's
[53:11.480 --> 53:13.480]  a lot of crazy,
[53:13.480 --> 53:15.480]  crazy stuff going on. And
[53:15.480 --> 53:17.480]  that doesn't
[53:17.480 --> 53:19.480]  really bode well for
[53:19.480 --> 53:21.480]  us out there
[53:21.480 --> 53:23.480]  trying to hold
[53:23.480 --> 53:25.480]  those in office accountable.
[53:25.480 --> 53:27.480]  And I really
[53:27.480 --> 53:29.480]  feel that,
[53:29.480 --> 53:31.480]  you know, you've said
[53:31.480 --> 53:33.480]  before, the pendulum swings back and forth
[53:33.480 --> 53:35.480]  and, well, I'll tell
[53:35.480 --> 53:37.480]  you, it swung way out there.
[53:37.480 --> 53:39.480]  I can't hardly wait for it
[53:39.480 --> 53:41.480]  to start swinging back.
[53:41.480 --> 53:43.480]  And...
[53:43.480 --> 53:45.480]  We're probably
[53:45.480 --> 53:47.480]  close to that point.
[53:47.480 --> 53:49.480]  California right now is losing
[53:49.480 --> 53:51.480]  its population.
[53:51.480 --> 53:53.480]  They lost
[53:53.480 --> 53:55.480]  a
[53:55.480 --> 53:57.480]  representative
[53:57.480 --> 53:59.480]  seat the last election
[53:59.480 --> 54:01.480]  because so many people
[54:01.480 --> 54:03.480]  are leaving California.
[54:03.480 --> 54:05.480]  They're flooding out of there like flush in a toilet.
[54:07.480 --> 54:09.480]  And with all of their outrageous
[54:09.480 --> 54:11.480]  taxes, the ones who are left
[54:11.480 --> 54:13.480]  will have to pay for it. They're not going to be able to.
[54:15.480 --> 54:17.480]  So I see
[54:17.480 --> 54:19.480]  California is in the process of
[54:19.480 --> 54:21.480]  imploding.
[54:23.480 --> 54:25.480]  Yes. And so
[54:25.480 --> 54:27.480]  other than that, I just
[54:27.480 --> 54:29.480]  called for you to kick me in the butt
[54:29.480 --> 54:31.480]  and tell me
[54:31.480 --> 54:33.480]  what I should be working on. But you
[54:33.480 --> 54:35.480]  know I have a full plate taking care
[54:35.480 --> 54:37.480]  of family right now.
[54:37.480 --> 54:39.480]  And it's harder
[54:39.480 --> 54:41.480]  than ever for me
[54:41.480 --> 54:43.480]  to get work done.
[54:43.480 --> 54:45.480]  But my
[54:45.480 --> 54:47.480]  understanding is with my claim in there,
[54:47.480 --> 54:49.480]  that claim got in there
[54:49.480 --> 54:51.480]  at the first of the month,
[54:51.480 --> 54:53.480]  or actually the end of May,
[54:53.480 --> 54:55.480]  they have 60 days
[54:57.480 --> 54:59.480]  to respond
[54:59.480 --> 55:01.480]  to the county.
[55:01.480 --> 55:03.480]  And at that
[55:03.480 --> 55:05.480]  point, I can go ahead and file the lawsuit.
[55:05.480 --> 55:07.480]  They can
[55:07.480 --> 55:09.480]  actually respond
[55:09.480 --> 55:11.480]  later than 60 days.
[55:11.480 --> 55:13.480]  But I have to
[55:13.480 --> 55:15.480]  wait 60 days to file the lawsuit.
[55:15.480 --> 55:17.480]  So I'm getting down to where I have
[55:17.480 --> 55:19.480]  three weeks before I could file a lawsuit.
[55:19.480 --> 55:21.480]  And so I'm going to send you
[55:21.480 --> 55:23.480]  another email reminder. I'd like to
[55:23.480 --> 55:25.480]  see what you wrote up just as a kind
[55:25.480 --> 55:27.480]  of a map. And then Brett,
[55:27.480 --> 55:29.480]  there's a whole lot
[55:29.480 --> 55:31.480]  of things
[55:31.480 --> 55:33.480]  because I still have a case at the
[55:33.480 --> 55:35.480]  appellate court involving
[55:35.480 --> 55:37.480]  when I sued one of the public
[55:37.480 --> 55:39.480]  defenders that wouldn't get out of
[55:39.480 --> 55:41.480]  my case. And
[55:41.480 --> 55:43.480]  then the judge in the state court
[55:43.480 --> 55:45.480]  was making rulings. And I pointed out that
[55:45.480 --> 55:47.480]  they're bribed
[55:47.480 --> 55:49.480]  by the county, the judges, so they can't
[55:49.480 --> 55:51.480]  be hearing the cases. And so that
[55:51.480 --> 55:53.480]  case is thrown into
[55:53.480 --> 55:55.480]  the appellate court.
[55:55.480 --> 55:57.480]  And those
[55:57.480 --> 55:59.480]  appellate judges I've spoke before about
[55:59.480 --> 56:01.480]  they're
[56:01.480 --> 56:03.480]  no good anyway.
[56:03.480 --> 56:05.480]  And I don't know how they're going to rule
[56:05.480 --> 56:07.480]  on that. And then I'm going to
[56:07.480 --> 56:09.480]  I probably didn't
[56:09.480 --> 56:11.480]  get everything into the appellate
[56:11.480 --> 56:13.480]  court that I should have.
[56:13.480 --> 56:15.480]  The big thing is that the state court
[56:15.480 --> 56:17.480]  judge lied, and I don't think I got that
[56:17.480 --> 56:19.480]  into the
[56:19.480 --> 56:21.480]  appellate court good enough. And so
[56:21.480 --> 56:23.480]  at this point, Brett,
[56:23.480 --> 56:25.480]  I think I'm way behind on
[56:25.480 --> 56:27.480]  writing criminal
[56:27.480 --> 56:29.480]  charges and filing complaints with the
[56:29.480 --> 56:31.480]  California Supreme Court on these judges.
[56:31.480 --> 56:33.480]  I mean, unless
[56:33.480 --> 56:35.480]  you're going to suggest
[56:35.480 --> 56:37.480]  some other matters. And
[56:37.480 --> 56:39.480]  then, of course, I'm still studying
[56:39.480 --> 56:41.480]  jurisdictionary.
[56:41.480 --> 56:43.480]  And I've actually
[56:43.480 --> 56:45.480]  had to take two weeks away from it.
[56:45.480 --> 56:47.480]  But I've got to get back on that complete
[56:47.480 --> 56:49.480]  jurisdictionary and
[56:49.480 --> 56:51.480]  start with the main thing,
[56:51.480 --> 56:53.480]  which is going after
[56:53.480 --> 56:55.480]  being made whole, getting relief
[56:55.480 --> 56:57.480]  from
[56:57.480 --> 56:59.480]  I mean, I actually
[56:59.480 --> 57:01.480]  was talking to somebody
[57:01.480 --> 57:03.480]  the other day and quickly explained
[57:03.480 --> 57:05.480]  what happened to me. And they're like,
[57:05.480 --> 57:07.480]  my God, this is insane.
[57:07.480 --> 57:09.480]  This is crazy. How are you alive
[57:09.480 --> 57:11.480]  was the responses. And
[57:11.480 --> 57:13.480]  these people have to be held accountable.
[57:13.480 --> 57:15.480]  And I said, so anybody
[57:15.480 --> 57:17.480]  that starts to hear my story, they're going to be
[57:17.480 --> 57:19.480]  blown away. Absolutely.
[57:19.480 --> 57:21.480]  Absolutely.
[57:21.480 --> 57:23.480]  And the lawyer that gave me a little
[57:23.480 --> 57:25.480]  guidance on this claim that I put
[57:25.480 --> 57:27.480]  in, he was
[57:27.480 --> 57:29.480]  the same thing. He's like,
[57:29.480 --> 57:31.480]  they can't get away with this.
[57:31.480 --> 57:33.480]  Right. One would
[57:33.480 --> 57:35.480]  hope, you know.
[57:37.480 --> 57:39.480]  But so
[57:39.480 --> 57:41.480]  I realized
[57:41.480 --> 57:43.480]  I don't
[57:43.480 --> 57:45.480]  get so that's kind of
[57:45.480 --> 57:47.480]  an overview of things, Brett.
[57:47.480 --> 57:49.480]  And so I'm wondering,
[57:49.480 --> 57:51.480]  should I just should I make
[57:51.480 --> 57:53.480]  some complaints to the Supreme Court?
[57:53.480 --> 57:55.480]  I don't see
[57:55.480 --> 57:57.480]  any reason why not.
[57:57.480 --> 57:59.480]  You could be writing complaints every day
[57:59.480 --> 58:01.480]  and not catch up to them
[58:01.480 --> 58:03.480]  for a long time.
[58:03.480 --> 58:05.480]  Right.
[58:05.480 --> 58:07.480]  So
[58:07.480 --> 58:09.480]  with that, I'll
[58:09.480 --> 58:11.480]  let the other callers chime in and
[58:11.480 --> 58:13.480]  I'll check back with you guys next week.
[58:13.480 --> 58:15.480]  OK.
[58:15.480 --> 58:17.480]  But
[58:17.480 --> 58:19.480]  I would like you to take the phone and
[58:19.480 --> 58:21.480]  beat yourself around the eyes and
[58:21.480 --> 58:23.480]  ears for not
[58:23.480 --> 58:25.480]  making the time to
[58:25.480 --> 58:27.480]  get all your PDs in
[58:27.480 --> 58:29.480]  and get these guys
[58:29.480 --> 58:31.480]  brought up on the dime.
[58:33.480 --> 58:35.480]  Thank you. That's what I call for.
[58:35.480 --> 58:37.480]  OK.
[58:39.480 --> 58:41.480]  Thank you, Ted.
[58:41.480 --> 58:43.480]  Randy Kelton, Brett Fountain,
[58:43.480 --> 58:45.480]  Rue of La Radio.
[58:45.480 --> 58:47.480]  Not going to give out the call-in number.
[58:47.480 --> 58:49.480]  We've got one hour.
[58:49.480 --> 58:51.480]  Would you like to make more definite
[58:51.480 --> 58:53.480]  progress in your walk with God?
[58:53.480 --> 58:55.480]  Bibles for America is offering
[58:55.480 --> 58:57.480]  a free study Bible and
[58:57.480 --> 58:59.480]  a set of free Christian books
[58:59.480 --> 59:01.480]  that can really help.
[59:01.480 --> 59:03.480]  The New Testament Recovery Version is one of the most
[59:03.480 --> 59:05.480]  comprehensive study Bibles available today.
[59:05.480 --> 59:07.480]  It's an accurate translation
[59:07.480 --> 59:09.480]  and it contains thousands of footnotes
[59:09.480 --> 59:11.480]  that will help you to know God
[59:11.480 --> 59:13.480]  and to know the meaning of life.
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[59:15.480 --> 59:17.480]  called Basic Elements of the Christian Life.
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[59:21.480 --> 59:23.480]  clearly presents God's plan of salvation,
[59:23.480 --> 59:25.480]  growing in Christ,
[59:25.480 --> 59:27.480]  and how to build up the Church.
[59:27.480 --> 59:29.480]  To order your free New Testament Recovery Version
[59:29.480 --> 59:31.480]  and
[59:31.480 --> 59:33.480]  Basic Elements of the Christian Life,
[59:33.480 --> 59:35.480]  call Bibles for America
[59:35.480 --> 59:40.480]  toll free at 888-551-0102.
[59:40.480 --> 59:44.480]  That's 888-551-0102.
[59:44.480 --> 59:46.480]  Or visit us online
[59:46.480 --> 59:49.480]  at bfa.org.
[59:49.480 --> 59:54.480]  You're listening to the Logos Radio Network
[59:54.480 --> 59:59.480]  at logosradionetwork.com.
[01:00:01.480 --> 01:00:03.480]  The Bill of Rights contains the first
[01:00:03.480 --> 01:00:05.480]  10 amendments of our Constitution.
[01:00:05.480 --> 01:00:07.480]  They guarantee the specific freedoms
[01:00:07.480 --> 01:00:09.480]  Americans should know and protect.
[01:00:09.480 --> 01:00:11.480]  Our liberty depends on it.
[01:00:11.480 --> 01:00:13.480]  I'm Dr. Catherine Albrecht and I'll be right back
[01:00:13.480 --> 01:00:15.480]  with an unforgettable way to remember one of your
[01:00:15.480 --> 01:00:17.480]  constitutional rights.
[01:00:17.480 --> 01:00:19.480]  Privacy is under attack.
[01:00:19.480 --> 01:00:21.480]  When you give up data about yourself,
[01:00:21.480 --> 01:00:23.480]  you'll never get it back again.
[01:00:23.480 --> 01:00:25.480]  And once your privacy is gone,
[01:00:25.480 --> 01:00:27.480]  you'll find your freedoms will start to vanish too.
[01:00:27.480 --> 01:00:29.480]  So protect your rights.
[01:00:29.480 --> 01:00:31.480]  Say no to surveillance and keep your information
[01:00:31.480 --> 01:00:33.480]  to yourself.
[01:00:33.480 --> 01:00:35.480]  Privacy, it's worth hanging on to.
[01:00:35.480 --> 01:00:37.480]  This public service announcement is brought to you by
[01:00:37.480 --> 01:00:39.480]  StartPage.com,
[01:00:39.480 --> 01:00:41.480]  the private search engine alternative to Google,
[01:00:41.480 --> 01:00:43.480]  Yahoo, and Bing.
[01:00:43.480 --> 01:00:45.480]  Start over with StartPage.
[01:00:45.480 --> 01:00:47.480]  Imagine your mom and dad are getting
[01:00:47.480 --> 01:00:49.480]  ready for bed. They pull back the
[01:00:49.480 --> 01:00:51.480]  covers and find a third party there.
[01:00:51.480 --> 01:00:53.480]  He announces, I'm with the military
[01:00:53.480 --> 01:00:55.480]  and I'm sleeping here tonight. That shocking
[01:00:55.480 --> 01:00:57.480]  image of a third party in my parent's bed
[01:00:57.480 --> 01:00:59.480]  reminds me what the third amendment was
[01:00:59.480 --> 01:01:01.480]  designed to prevent. It protects us
[01:01:01.480 --> 01:01:03.480]  from being forced to share our homes with
[01:01:03.480 --> 01:01:05.480]  soldiers, a common demand in the days
[01:01:05.480 --> 01:01:07.480]  of our founding fathers. Third party,
[01:01:07.480 --> 01:01:09.480]  third amendment, get it?
[01:01:09.480 --> 01:01:11.480]  So if you answer a knock at your door and guys
[01:01:11.480 --> 01:01:13.480]  in fatigues demand lodging, tell them to
[01:01:13.480 --> 01:01:15.480]  dust off their copy of the Bill of Rights
[01:01:15.480 --> 01:01:17.480]  and re-read the third amendment.
[01:01:17.480 --> 01:01:19.480]  I'm Dr. Catherine Albrecht. More news and information
[01:01:19.480 --> 01:01:21.480]  at CatherineAlbrecht.com.
[01:01:31.480 --> 01:01:33.480]  The Bill of Rights contains the first
[01:01:33.480 --> 01:01:35.480]  ten amendments of our Constitution.
[01:01:35.480 --> 01:01:37.480]  They guarantee the specific freedoms Americans
[01:01:37.480 --> 01:01:39.480]  should know and protect. Our liberty
[01:01:39.480 --> 01:01:41.480]  depends on it. I'm Dr. Catherine Albrecht
[01:01:41.480 --> 01:01:43.480]  and I'll be right back with an unforgettable
[01:01:43.480 --> 01:01:45.480]  way to remember one of your constitutional
[01:01:45.480 --> 01:02:13.480]  rights.
[01:02:15.480 --> 01:02:17.480]  Imagine four eyes staring at you
[01:02:17.480 --> 01:02:19.480]  through binoculars, a magnifying glass
[01:02:19.480 --> 01:02:21.480]  or a pair of x-ray goggles.
[01:02:21.480 --> 01:02:23.480]  That imagery reminds me that the Fourth
[01:02:23.480 --> 01:02:25.480]  Amendment guarantees Americans freedom
[01:02:25.480 --> 01:02:27.480]  from unreasonable search and seizure.
[01:02:27.480 --> 01:02:29.480]  Fourth Amendment? Four eyes staring
[01:02:29.480 --> 01:02:31.480]  at you? Get it? Unfortunately,
[01:02:31.480 --> 01:02:33.480]  the government is trampling our Fourth Amendment
[01:02:33.480 --> 01:02:35.480]  rights in the name of security. Case in
[01:02:35.480 --> 01:02:37.480]  point, TSA airport scanners
[01:02:37.480 --> 01:02:39.480]  that peer under your clothing.
[01:02:39.480 --> 01:02:41.480]  When government employees demand a peep
[01:02:41.480 --> 01:02:43.480]  at your privates without probable cause,
[01:02:43.480 --> 01:02:45.480]  I say it's time to sound the Constitutional
[01:02:45.480 --> 01:02:47.480]  alarm bells. Join me in asking
[01:02:47.480 --> 01:02:49.480]  our representatives to dust off the Bill of Rights
[01:02:49.480 --> 01:02:51.480]  and use their googly eyes to
[01:02:51.480 --> 01:02:53.480]  take a gander at the Fourth.
[01:02:53.480 --> 01:02:55.480]  I'm Dr. Catherine Albrecht. More news and
[01:02:55.480 --> 01:03:23.480]  information at CatherineAlbrecht.com.
[01:03:25.480 --> 01:03:43.480]  Okay, we are back.
[01:03:43.480 --> 01:03:45.480]  Randy Kelton, Wet Fountain, Rule of Law Radio.
[01:03:45.480 --> 01:03:51.480]  And on this Friday, the 30th day of June,
[01:03:51.480 --> 01:03:57.480]  2023. And when Brett pushed me off the cliff
[01:03:57.480 --> 01:03:59.480]  at the end of the last segment.
[01:03:59.480 --> 01:04:01.480]  That's not what happened.
[01:04:01.480 --> 01:04:03.480]  Yeah, yeah, that's what happened.
[01:04:03.480 --> 01:04:05.480]  I was about to say...
[01:04:05.480 --> 01:04:09.480]  There went your double to pay.
[01:04:09.480 --> 01:04:13.480]  Yeah, no, darn it.
[01:04:13.480 --> 01:04:15.480]  So we got two callers on the board
[01:04:15.480 --> 01:04:17.480]  and we got one hour.
[01:04:17.480 --> 01:04:19.480]  So we could probably handle another
[01:04:19.480 --> 01:04:21.480]  caller if you have a question or comment.
[01:04:21.480 --> 01:04:24.480]  Give us a call. But we got John on the board.
[01:04:24.480 --> 01:04:27.480]  He could do the whole hour standing on his head.
[01:04:27.480 --> 01:04:31.480]  Okay, we're going to go to Mary in California.
[01:04:31.480 --> 01:04:38.480]  Hello, Mary. What do you have for us today?
[01:04:38.480 --> 01:04:41.480]  I think you're talking to me, right?
[01:04:41.480 --> 01:04:42.480]  Yes.
[01:04:42.480 --> 01:04:45.480]  Okay. Hi there, Randy.
[01:04:45.480 --> 01:04:52.480]  So I submitted a writ of mandamus to the lower court
[01:04:52.480 --> 01:04:55.480]  and it was denied.
[01:04:55.480 --> 01:04:58.480]  And I have...
[01:04:58.480 --> 01:05:00.480]  Wait, wait, that didn't sound right.
[01:05:00.480 --> 01:05:02.480]  Hold on.
[01:05:02.480 --> 01:05:06.480]  You submitted a writ of mandamus to the lower court?
[01:05:06.480 --> 01:05:08.480]  Yes.
[01:05:08.480 --> 01:05:13.480]  Do you mean that you petitioned a higher court to do that?
[01:05:13.480 --> 01:05:17.480]  Well, I submitted a petition for a writ of mandate
[01:05:17.480 --> 01:05:19.480]  to the lower court.
[01:05:19.480 --> 01:05:22.480]  I guess maybe that's a better way to put it.
[01:05:22.480 --> 01:05:29.480]  What was the mandate you asked them to issue?
[01:05:29.480 --> 01:05:32.480]  To dismiss the criminal charges
[01:05:32.480 --> 01:05:37.480]  and to quash the warrant that they issued for my arrest.
[01:05:37.480 --> 01:05:43.480]  Okay, a petition for writ of mandamus or mandate
[01:05:43.480 --> 01:05:49.480]  is a petition that you file from a lower court to a higher court
[01:05:49.480 --> 01:05:53.480]  asking the higher court to order the lower court
[01:05:53.480 --> 01:05:57.480]  to do something the law commands them to do.
[01:05:57.480 --> 01:05:59.480]  Yes, I'm sorry. I should have said that.
[01:05:59.480 --> 01:06:02.480]  I submitted it to the appellate superior
[01:06:02.480 --> 01:06:05.480]  for what the superior court did.
[01:06:05.480 --> 01:06:07.480]  Okay, good.
[01:06:07.480 --> 01:06:09.480]  Well, don't feel bad that they didn't take it.
[01:06:09.480 --> 01:06:12.480]  We're in Texas, and in Texas,
[01:06:12.480 --> 01:06:18.480]  the appellate court only accepts 12%
[01:06:18.480 --> 01:06:22.480]  of the petitions for writ of mandamus filed with them.
[01:06:22.480 --> 01:06:27.480]  These are mandamuses filed by lawyers.
[01:06:27.480 --> 01:06:33.480]  And they rule in favor of the filer 2% of the time.
[01:06:33.480 --> 01:06:37.480]  The idea of the petition for writ of mandamus
[01:06:37.480 --> 01:06:40.480]  is to send a signal to the judge
[01:06:40.480 --> 01:06:44.480]  that you're going to appeal him all the way up.
[01:06:44.480 --> 01:06:47.480]  And generally, it embarrasses them
[01:06:47.480 --> 01:06:51.480]  when you wave their bad behavior
[01:06:51.480 --> 01:06:53.480]  in front of the Court of Appeals,
[01:06:53.480 --> 01:06:56.480]  even if the Court of Appeals doesn't pick it up.
[01:06:56.480 --> 01:07:01.480]  Okay, so that's actually one of the reasons that I called,
[01:07:01.480 --> 01:07:05.480]  because it has been recommended that I both appeal it
[01:07:05.480 --> 01:07:08.480]  to the appellate, you know, to the higher court,
[01:07:08.480 --> 01:07:11.480]  the sixth district appellate,
[01:07:11.480 --> 01:07:16.480]  and go back into the state court to deal with the charges.
[01:07:16.480 --> 01:07:17.480]  Am I able to...
[01:07:17.480 --> 01:07:21.480]  Okay, hold on. I'm confused here.
[01:07:21.480 --> 01:07:25.480]  Did you file the writ of mandamus with a federal court
[01:07:25.480 --> 01:07:28.480]  from a state court issue?
[01:07:28.480 --> 01:07:32.480]  No. I submitted it to, like I said,
[01:07:32.480 --> 01:07:35.480]  the appellate superior in my county.
[01:07:35.480 --> 01:07:37.480]  Oh, okay.
[01:07:37.480 --> 01:07:41.480]  Appellate superior in your county.
[01:07:41.480 --> 01:07:47.480]  There's something I don't understand about California courts.
[01:07:47.480 --> 01:07:55.480]  You have a county appellate court that I'm not familiar with.
[01:07:55.480 --> 01:07:56.480]  Okay.
[01:07:56.480 --> 01:08:01.480]  Is there an appellate court higher than the county appellate court?
[01:08:01.480 --> 01:08:05.480]  Yes. So the tier goes, there's the state court
[01:08:05.480 --> 01:08:07.480]  or the inferior tribunal,
[01:08:07.480 --> 01:08:09.480]  and then there's the appellate superior,
[01:08:09.480 --> 01:08:13.480]  and then there's the appellate sixth district court
[01:08:13.480 --> 01:08:15.480]  or second district.
[01:08:15.480 --> 01:08:21.480]  And the appellate district court does not hear misdemeanor cases.
[01:08:21.480 --> 01:08:25.480]  That's only for felonies.
[01:08:25.480 --> 01:08:26.480]  Oh, okay.
[01:08:26.480 --> 01:08:28.480]  So the chain of command is that I had to submit it
[01:08:28.480 --> 01:08:35.480]  to the appellate superior first.
[01:08:35.480 --> 01:08:38.480]  That's confusing terms.
[01:08:38.480 --> 01:08:43.480]  Yes. So is your issue a misdemeanor?
[01:08:43.480 --> 01:08:46.480]  Yes. It's three misdemeanors.
[01:08:46.480 --> 01:08:50.480]  Oh, okay. So the court refused to hear it.
[01:08:50.480 --> 01:08:53.480]  And this mandamus is just an interim issue,
[01:08:53.480 --> 01:08:59.480]  and that's an issue you have preserved for appeal.
[01:08:59.480 --> 01:09:00.480]  Okay.
[01:09:00.480 --> 01:09:04.480]  So is the ruling...
[01:09:04.480 --> 01:09:08.480]  Okay, I'm sorry.
[01:09:08.480 --> 01:09:11.480]  What were you asking the court,
[01:09:11.480 --> 01:09:16.480]  the appellate court to order the trial court to do?
[01:09:16.480 --> 01:09:20.480]  To stop with any further prosecution,
[01:09:20.480 --> 01:09:27.480]  to dismiss the active charges and the active warrant.
[01:09:27.480 --> 01:09:34.480]  Okay, this is not something you can ask the appellate court to do.
[01:09:34.480 --> 01:09:40.480]  You're asking the appellate court to rule in place of the trial court.
[01:09:40.480 --> 01:09:43.480]  The trial court has a regional jurisdiction
[01:09:43.480 --> 01:09:48.480]  and exclusive jurisdiction in that regard.
[01:09:48.480 --> 01:09:52.480]  Now, what the appellate court can do
[01:09:52.480 --> 01:09:58.480]  is order the judge to do something that the law compels him to do.
[01:09:58.480 --> 01:10:00.480]  Yeah, follow the law.
[01:10:00.480 --> 01:10:01.480]  Yes.
[01:10:01.480 --> 01:10:02.480]  Okay.
[01:10:02.480 --> 01:10:07.480]  So if there's something that will reach that objective that you're asking for
[01:10:07.480 --> 01:10:09.480]  that you can find in a law,
[01:10:09.480 --> 01:10:16.480]  then you can ask that they command the lower court to follow that law.
[01:10:16.480 --> 01:10:23.480]  But you can't ask them to do everything right like they should have,
[01:10:23.480 --> 01:10:26.480]  like in a general conclusive kind of way.
[01:10:26.480 --> 01:10:28.480]  You have to point out a law.
[01:10:28.480 --> 01:10:34.480]  Yeah, the appellate court has no power to render a judgment in a trial court.
[01:10:34.480 --> 01:10:41.480]  Now, they do have the power to say that the judgment that the judge itself,
[01:10:41.480 --> 01:10:47.480]  the court rendered, is invalid or improper,
[01:10:47.480 --> 01:10:50.480]  or they do have the power to tell the judge,
[01:10:50.480 --> 01:10:57.480]  the plaintiff or the petitioner requested findings of fact and conclusions at law.
[01:10:57.480 --> 01:11:01.480]  You must give them findings of fact and conclusions at law
[01:11:01.480 --> 01:11:03.480]  because the law tells you to.
[01:11:03.480 --> 01:11:06.480]  That kind of thing they can do.
[01:11:06.480 --> 01:11:13.480]  I should probably explain that the matters were never adjudicated.
[01:11:13.480 --> 01:11:17.480]  So I never got a final judgment.
[01:11:17.480 --> 01:11:21.480]  I went for an arraignment and a Ferretta hearing,
[01:11:21.480 --> 01:11:23.480]  and I went back and forth with the judge,
[01:11:23.480 --> 01:11:25.480]  and he said that they were going to recall the matter
[01:11:25.480 --> 01:11:29.480]  once I filled out the form for the public defender.
[01:11:29.480 --> 01:11:32.480]  And I said, well, my business is concluded,
[01:11:32.480 --> 01:11:34.480]  and I thanked him for his time and left the courtroom.
[01:11:34.480 --> 01:11:37.480]  And that was two years ago.
[01:11:37.480 --> 01:11:42.480]  So there was never actually a judgment.
[01:11:42.480 --> 01:11:56.480]  So now is the time to move to dismiss the case for lack of prosecution, speedy trial.
[01:11:56.480 --> 01:11:58.480]  For lack of prosecution.
[01:11:58.480 --> 01:12:05.480]  And, Brett, I should also say that I did an extensive amount of research on this writ,
[01:12:05.480 --> 01:12:10.480]  and I did call out all of the crimes that they had committed,
[01:12:10.480 --> 01:12:13.480]  the constitutional violations.
[01:12:13.480 --> 01:12:19.480]  I wove pertinent case law into the writ.
[01:12:19.480 --> 01:12:21.480]  And so I did do my due diligence.
[01:12:21.480 --> 01:12:25.480]  I worked on it for about two months.
[01:12:25.480 --> 01:12:28.480]  And I said they did this wrong.
[01:12:28.480 --> 01:12:29.480]  Okay, you've got the document now.
[01:12:29.480 --> 01:12:33.480]  You filed it with the Court of Appeals who couldn't do anything with it.
[01:12:33.480 --> 01:12:41.480]  The document should be filed in the trial court with a motion to dismiss.
[01:12:41.480 --> 01:12:49.480]  Okay, well, I did send it to the respondent judges as a copy,
[01:12:49.480 --> 01:12:53.480]  and then I also sent it to the appellate superior judges.
[01:12:53.480 --> 01:12:59.480]  Okay, what does respondent judges mean?
[01:12:59.480 --> 01:13:06.480]  It means the, well, the trespassers, respondents, and real parties in interest.
[01:13:06.480 --> 01:13:09.480]  So they all have to get a copy.
[01:13:09.480 --> 01:13:11.480]  Okay, wait a minute.
[01:13:11.480 --> 01:13:19.480]  What is a real party in interest in a criminal case?
[01:13:19.480 --> 01:13:25.480]  Well, it's tied to a lawsuit that I have filed against them all.
[01:13:25.480 --> 01:13:28.480]  Okay, that doesn't matter.
[01:13:28.480 --> 01:13:35.480]  If you filed a civil suit, that's totally separate from a criminal prosecution.
[01:13:35.480 --> 01:13:39.480]  Okay, so real parties in interest are just for civil?
[01:13:39.480 --> 01:13:40.480]  Yes.
[01:13:40.480 --> 01:13:42.480]  Okay.
[01:13:42.480 --> 01:13:47.480]  I got some contradictory opinion on that.
[01:13:47.480 --> 01:13:52.480]  Yeah, it sounds like you're doing some patriot stuff.
[01:13:52.480 --> 01:13:54.480]  Patriot stuff?
[01:13:54.480 --> 01:13:55.480]  Yes.
[01:13:55.480 --> 01:14:07.480]  There are guys out there who are treating the courts as if they are a commercial entity,
[01:14:07.480 --> 01:14:10.480]  and they are not.
[01:14:10.480 --> 01:14:18.480]  They talk about how the courts are corporations, and they are not.
[01:14:18.480 --> 01:14:26.480]  Now, the court may incorporate itself, but that incorporation they have done is
[01:14:26.480 --> 01:14:34.480]  so they have a business organization to handle the business side of the court,
[01:14:34.480 --> 01:14:40.480]  paying the help, buying toilet paper, and all those things that go into maintaining the building
[01:14:40.480 --> 01:14:44.480]  and the employees and the business side.
[01:14:44.480 --> 01:14:52.480]  When a judge steps up behind the bench, he does not do so in his corporate capacity.
[01:14:52.480 --> 01:14:56.480]  He does so in his constitutional capacity.
[01:14:56.480 --> 01:15:04.480]  We've got these guys out there who think the uniform commercial code applies to everything,
[01:15:04.480 --> 01:15:07.480]  and it does not.
[01:15:07.480 --> 01:15:14.480]  In a criminal case, you have the penal code, code of criminal procedure,
[01:15:14.480 --> 01:15:20.480]  and rules of civil procedure in those aspects of the court that are not covered
[01:15:20.480 --> 01:15:26.480]  by the code of criminal procedure.
[01:15:26.480 --> 01:15:30.480]  These are the laws that apply to a criminal prosecution.
[01:15:30.480 --> 01:15:39.480]  I did not incorporate anything about how the courts are corporations,
[01:15:39.480 --> 01:15:46.480]  but the respondents, you know, I was alleging that these judges had committed crimes,
[01:15:46.480 --> 01:15:53.480]  and at least the, you know, I called multiple courts to get some advice on this.
[01:15:53.480 --> 01:15:59.480]  Hold on, hold on. What crimes did you allege the judge committed?
[01:15:59.480 --> 01:16:10.480]  They did not, well, predominantly that they did not honor my right to rescind consent on a contract.
[01:16:10.480 --> 01:16:17.480]  And they issued invalid warning. Wait a minute, wait a minute. What contract are you speaking to?
[01:16:17.480 --> 01:16:24.480]  The piece of paper that they call a citation when you get, you know, before they'll let you out of jail.
[01:16:24.480 --> 01:16:29.480]  Uh-uh. Okay, that's... Who's telling you that's a contract?
[01:16:29.480 --> 01:16:35.480]  You know what? That is essentially a contract.
[01:16:35.480 --> 01:16:42.480]  But it's only a contract inasmuch as you have agreed by signing that contract
[01:16:42.480 --> 01:16:47.480]  to appear in court at a certain time and place. And based on...
[01:16:47.480 --> 01:16:55.480]  Otherwise, you can't take the shortcut and you get to go free.
[01:16:55.480 --> 01:16:59.480]  Hang on. We'll pick this up on the other side when we come back.
[01:16:59.480 --> 01:17:04.480]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:49.480 --> 01:17:51.480]  That's ruleoflawradio.com.
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[01:17:59.480 --> 01:18:04.480]  I love Logos. Without the shows on this network, I'd be almost as ignorant as my friends.
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[01:19:30.480 --> 01:19:46.480]  If I can't get everything I want, maybe get a range, yeah.
[01:19:46.480 --> 01:20:01.480]  If I can't get everything I need, maybe get a range, yeah.
[01:20:01.480 --> 01:20:06.480]  If the people of the world can get happiness and peace, maybe get a range, yeah.
[01:20:06.480 --> 01:20:07.480]  Okay.
[01:20:07.480 --> 01:20:08.480]  We are back.
[01:20:08.480 --> 01:20:10.480]  Randy Kelton, Brett Fountain, Rue LaRenia.
[01:20:10.480 --> 01:20:12.480]  We're talking to Mary in California.
[01:20:12.480 --> 01:20:14.480]  Okay, Mary.
[01:20:14.480 --> 01:20:19.480]  When you were pulled over, do you have a driver's license?
[01:20:19.480 --> 01:20:28.480]  Hold on. I also want to explain to Brett that they did not require, I submitted a couple challenges of jurisdiction.
[01:20:28.480 --> 01:20:33.480]  And they did not require the prosecutor to prove jurisdiction.
[01:20:33.480 --> 01:20:38.480]  And the only evidence that they had against me were unsigned police reports.
[01:20:38.480 --> 01:20:41.480]  Well, those are great places for you to pick on.
[01:20:41.480 --> 01:20:48.480]  They probably messed up on not only that, but a lot of due process things that you could get some traction with.
[01:20:48.480 --> 01:20:50.480]  But not this about the citation.
[01:20:50.480 --> 01:20:57.480]  The citation, if you have attached to the citation, there's something that's either a notice to appear or a promise to appear.
[01:20:57.480 --> 01:20:59.480]  That's a shortcut.
[01:20:59.480 --> 01:21:08.480]  That allows the cop to not drag you off of the shoulder and make you deal with the magistrate right then.
[01:21:08.480 --> 01:21:11.480]  And it allows you to agree.
[01:21:11.480 --> 01:21:14.480]  If you don't agree, he's taking you right now.
[01:21:14.480 --> 01:21:20.480]  But if you do agree, you get to go finish your shopping and take your ice cream that's going to melt.
[01:21:20.480 --> 01:21:26.480]  And you can go ahead and do your business and come back in a couple of weeks.
[01:21:26.480 --> 01:21:35.480]  From the contract perspective.
[01:21:35.480 --> 01:21:39.480]  Stop. Stop a second. Stop.
[01:21:39.480 --> 01:21:43.480]  You signed a promise to appear.
[01:21:43.480 --> 01:21:49.480]  And when you signed that promise to appear, you accepted a benefit.
[01:21:49.480 --> 01:21:51.480]  The policeman didn't take you to jail.
[01:21:51.480 --> 01:21:56.480]  A contract's not a contract until something of value changes hands.
[01:21:56.480 --> 01:22:03.480]  When the policeman didn't arrest you, you received value.
[01:22:03.480 --> 01:22:09.480]  Once you've received value, you can't rescind the contract.
[01:22:09.480 --> 01:22:14.480]  Who is telling you this stuff?
[01:22:14.480 --> 01:22:26.480]  Even if the Uniform Commercial Code did apply, you would not be able to do this.
[01:22:26.480 --> 01:22:33.480]  You let me know when I can speak, so I don't want to interrupt you.
[01:22:33.480 --> 01:22:35.480]  Okay, here's the problem.
[01:22:35.480 --> 01:22:40.480]  My system has about a four or five second delay.
[01:22:40.480 --> 01:22:48.480]  So I'm waiting for you to speak and then when you don't and I speak and you're waiting for me to speak, we wind up coming up the same time.
[01:22:48.480 --> 01:22:53.480]  You're not doing anything wrong. It's my system that's screwed up.
[01:22:53.480 --> 01:22:56.480]  So go ahead.
[01:22:56.480 --> 01:23:04.480]  Okay, so I was arrested and I understand that that is the option that they have given us.
[01:23:04.480 --> 01:23:11.480]  That either I can take you to the magistrate right now or you can sign this notice to appear.
[01:23:11.480 --> 01:23:14.480]  But that's not what happened with me.
[01:23:14.480 --> 01:23:21.480]  They explained that they would not let me out of confinement unless I signed the promise to appear.
[01:23:21.480 --> 01:23:30.480]  So if you go to its penal code 853.6, which gives you the definition of a notice to appear or promise to appear.
[01:23:30.480 --> 01:23:37.480]  And then if you go to penal code 853.9, it says that written notice to appear has been prepared,
[01:23:37.480 --> 01:23:44.480]  delivered, and filed by an officer or the prosecuting attorney with the court pursuant to section 853.6,
[01:23:44.480 --> 01:23:52.480]  an exact and legible duplicate copy of the notice when filed with the magistrate in lieu of a verified complaint
[01:23:52.480 --> 01:23:58.480]  shall constitute a complaint to which the defendant may plead guilty or no lo contendere.
[01:23:58.480 --> 01:24:08.480]  So to me, even that section of that penal code is a problem because what they're saying is that once you sign the notice to appear,
[01:24:08.480 --> 01:24:15.480]  you have now become a witness against yourself because it says in lieu of a verified complaint.
[01:24:15.480 --> 01:24:23.480]  Whoa, stop. Witness against yourself. How do you get there?
[01:24:23.480 --> 01:24:39.480]  Because they, well, what I just read, they say that once you sign that notice to appear, it is used in lieu of a verified complaint.
[01:24:39.480 --> 01:24:41.480]  What state are you in?
[01:24:41.480 --> 01:24:48.480]  So they say as soon as you sign that notice to appear, that is used as the verified complaint,
[01:24:48.480 --> 01:24:55.480]  and that shall constitute a complaint to which the defendant may plead guilty or no lo contendere.
[01:24:55.480 --> 01:24:56.480]  Okay.
[01:24:56.480 --> 01:25:04.480]  So that sounds to me almost identical. You might look right around that and see what leads, excuse me, what leads into that
[01:25:04.480 --> 01:25:11.480]  because it sounds almost identical to the Texas Code of Criminal Procedure 27.14 subsection D,
[01:25:11.480 --> 01:25:21.480]  which allows for a defendant who would otherwise not really be a defendant yet, just be a suspect or at most an accused,
[01:25:21.480 --> 01:25:28.480]  and it allows them to elect to proceed on a mere written notice.
[01:25:28.480 --> 01:25:31.480]  And they sign that election and they file it with the court.
[01:25:31.480 --> 01:25:39.480]  In other words, saying, look, I know I did it. I know what I did. You don't have to go through all those hoops and fill out all this paperwork.
[01:25:39.480 --> 01:25:47.480]  I already understand. I'm going to plead. And then you have those either like you just mentioned, guilty, no contest.
[01:25:47.480 --> 01:25:52.480]  Otherwise, you have plenty of other things that you could do with a responsive pleading.
[01:25:52.480 --> 01:25:55.480]  You could say, hey, you've got a problem with your paperwork.
[01:25:55.480 --> 01:25:59.480]  You didn't inform me of the nature and cause of any crime.
[01:25:59.480 --> 01:26:07.480]  There's a lot of other options you would have, but it sounds like for what you're reading there, it's almost word for word.
[01:26:07.480 --> 01:26:12.480]  This optional election that a defendant can do.
[01:26:12.480 --> 01:26:22.480]  And I don't. You might look right around it and see if there's something that qualifies that or gives it, you know, makes it legitimate.
[01:26:22.480 --> 01:26:30.480]  Let me ask you this. If you refuse to sign the promise to appear, what would be the alternative?
[01:26:30.480 --> 01:26:36.480]  They told me they were going to keep me in jail for another three to four days.
[01:26:36.480 --> 01:26:39.480]  Yeah, that's that's how it works.
[01:26:39.480 --> 01:26:51.480]  When you're accused of a crime, you are arrested and they are to hold you to take you to the court.
[01:26:51.480 --> 01:26:56.480]  But the Constitution says you have a right to bail.
[01:26:56.480 --> 01:27:07.480]  So you have the option of posting bail as a surety to ensure that you appear.
[01:27:07.480 --> 01:27:20.480]  Except in the matter of a classing misdemeanor that is not punishable by imprisonment, you can be released on your simple signature.
[01:27:20.480 --> 01:27:30.480]  So you don't have to sign that. But if you don't sign that, then under law, you have to stay in jail till they can deliver you to the judge.
[01:27:30.480 --> 01:27:36.480]  Yeah, but they're supposed to be taking you from the scene of arrest directly to to the magistrate, right?
[01:27:36.480 --> 01:27:40.480]  Yes, they are. And that is an issue you could bring.
[01:27:40.480 --> 01:27:56.480]  We're sending the contracts, not an option. But I just filed a five hundred million dollar lawsuit against all the highest judges in Texas for just exactly that.
[01:27:56.480 --> 01:28:02.480]  When a person is arrested in Texas, they are taken straight to jail.
[01:28:02.480 --> 01:28:14.480]  And I accused all the highest judges in Texas of conspiring with the Texas Office of Court Administration and other.
[01:28:14.480 --> 01:28:26.480]  Training agencies of engaging in an ongoing criminal conspiracy to deny people due process by taking them to jail instead of a magistrate.
[01:28:26.480 --> 01:28:32.480]  There are things you can do rescinding the contracts, not one of them.
[01:28:32.480 --> 01:28:42.480]  I also did raise that in the petition for the writ that I was not taken to a magistrate.
[01:28:42.480 --> 01:29:00.480]  But we have in our I think it's code of civil procedure that duress is constituted when you unlawfully confine someone or you unlawfully detain their property in order to force them to enter into a contract.
[01:29:00.480 --> 01:29:18.480]  Now, if they're keeping me in jail and telling me that they are not going to be taken to the magistrate for three to four days, even though that's my Fifth Amendment right, and they'll only let me out of a jail cell if I sign this promise to appear.
[01:29:18.480 --> 01:29:45.480]  Oh, and I should also read you guys, you know, this may be identical to Texas law, but A53.9 says not withstanding subdivision A, which I just read you, if the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a fee.
[01:29:45.480 --> 01:29:52.480]  And if the notice to appear is verified upon which a warrant may be issued.
[01:29:52.480 --> 01:30:00.480]  Hang on, hang on, hang on. We're about to go to our sponsors Randy Kelton, Brett Fountain, we'll be right back.
[01:30:00.480 --> 01:30:15.480]  A top cybersecurity expert has a warning for America. If you build an electrical smart grid, the hackers will come and they could cause a catastrophic blackout. I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
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[01:31:14.480 --> 01:31:23.480]  I've long opposed smart meters for privacy and health reasons. The catastrophic failures caused by hackers? There's nothing smart about that.
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[01:33:01.480 --> 01:33:11.480]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:31.480 --> 01:33:52.480]  Okay, we are back.
[01:33:52.480 --> 01:34:13.480]  And we're talking to Mary in California. And Mary, you seem to be making something of this promise to appear. If the courts have rule, now this doesn't make sense.
[01:34:13.480 --> 01:34:25.480]  A promise to appear cannot be a complaint unless you're signing the promise to appear on the citation.
[01:34:25.480 --> 01:34:33.480]  It is the citation that you're signing that includes a promise to appear.
[01:34:33.480 --> 01:34:46.480]  Yes, that's my point. Okay, so the courts are saying they can proceed to prosecution based on a citation.
[01:34:46.480 --> 01:34:59.480]  Yes. California legislature determined that by rule of law.
[01:34:59.480 --> 01:35:07.480]  Well, that's a good question. And a friend of mine that calls into your show, he has been discussing that with me.
[01:35:07.480 --> 01:35:23.480]  That you guys have been mentioning that it was not asked or what, I don't know what you would call it in the Senate, but they could use that you do become a witness against yourself.
[01:35:23.480 --> 01:35:30.480]  Wait, stop, stop, a witness against yourself. What does that mean?
[01:35:30.480 --> 01:35:38.480]  Well, they say that when you sign this notice to promise to appear, it can be used as a in lieu in place of a verified complaint.
[01:35:38.480 --> 01:35:47.480]  And then that's what you plead guilty or no contest to.
[01:35:47.480 --> 01:35:55.480]  So you're presuming that if you don't sign that, you won't be prosecuted.
[01:35:55.480 --> 01:35:56.480]  Is that correct?
[01:35:56.480 --> 01:36:02.480]  If I don't sign it, then they were going to keep me in jail another three to four days.
[01:36:02.480 --> 01:36:09.480]  Then they will prosecute you based on a complaint issued by the police officer.
[01:36:09.480 --> 01:36:19.480]  As an alternative, you can sign this citation and they'll release you on your own recognizance.
[01:36:19.480 --> 01:36:25.480]  Then they can use the citation in the place of a complaint.
[01:36:25.480 --> 01:36:32.480]  Are you saying at the scene of arrest or when you're already in jail?
[01:36:32.480 --> 01:36:35.480]  That was not a complete question.
[01:36:35.480 --> 01:36:48.480]  What? At the scene of arrest, if you sign the complaint that the officer creates that they call a citation, then he can release you.
[01:36:48.480 --> 01:37:00.480]  And the courts have said it's like in Texas, they've said that you can use the citation in place of a complaint.
[01:37:00.480 --> 01:37:08.480]  Your signing the complaint does not theater any testimony against you.
[01:37:08.480 --> 01:37:16.480]  It's merely a promise that you'll appear in court in lieu of being arrested and taken to jail.
[01:37:16.480 --> 01:37:25.480]  Well, then I'm confused why it says that that complaint is what you plead guilty or no contest to.
[01:37:25.480 --> 01:37:35.480]  Yeah, the citation is used as a complaint in the place of a separate written complaint.
[01:37:35.480 --> 01:37:39.480]  That doesn't make any sense to me.
[01:37:39.480 --> 01:37:41.480]  Why not?
[01:37:41.480 --> 01:37:53.480]  The officer can take you to jail and sit down and write out a criminal affidavit against you, swear to it and prosecute you on that criminal affidavit.
[01:37:53.480 --> 01:38:02.480]  But what the legislature said, rather than taking everybody you arrest, you stop for a traffic ticket to jail.
[01:38:02.480 --> 01:38:06.480]  We will allow them to sign the ticket as a promise to appear.
[01:38:06.480 --> 01:38:09.480]  You don't have to take them to jail.
[01:38:09.480 --> 01:38:19.480]  And then we can go ahead and prosecute using the citation instead of the the officer having to make out a separate criminal affidavit.
[01:38:19.480 --> 01:38:29.480]  Well, they also define in 853.6, citation and notice to appear are interchangeable.
[01:38:29.480 --> 01:38:40.480]  OK, and also like, you know, like I just read to you guys under subsection B, it says it has to be a crime upon which a warrant may be issued.
[01:38:40.480 --> 01:38:45.480]  OK, you know, they have to stop you for a crime.
[01:38:45.480 --> 01:38:49.480]  Yes.
[01:38:49.480 --> 01:38:55.480]  Yeah, traffic, traffic infraction is a crime.
[01:38:55.480 --> 01:39:00.480]  From state to state, they'll call it either one or the other.
[01:39:00.480 --> 01:39:05.480]  OK, but I was not arrested on traffic infraction.
[01:39:05.480 --> 01:39:11.480]  Then you're not giving us good information. We don't know what's going on here.
[01:39:11.480 --> 01:39:15.480]  Were you arrested for a class C misdemeanor?
[01:39:15.480 --> 01:39:21.480]  I don't know. They didn't categorize it as class C. It's just a misdemeanor.
[01:39:21.480 --> 01:39:29.480]  What were you charged with? Why are you trying to feed us out tiny little pieces of information?
[01:39:29.480 --> 01:39:34.480]  I'm holding three puzzle pieces and none of them fit together. There must be some more.
[01:39:34.480 --> 01:39:43.480]  Yes, I got arrested for being on a beach when my city hall claimed that it was closed and they charged.
[01:39:43.480 --> 01:39:47.480]  OK, a disaster area.
[01:39:47.480 --> 01:39:52.480]  OK, now I know who you are.
[01:39:52.480 --> 01:40:02.480]  So this being on a beach thing, is that a city ordinance or was it one of those mask mandate things from a state or a county?
[01:40:02.480 --> 01:40:08.480]  It was an order from the city manager.
[01:40:08.480 --> 01:40:12.480]  He made the decision Friday morning.
[01:40:12.480 --> 01:40:14.480]  So not even a crime?
[01:40:14.480 --> 01:40:17.480]  That's correct.
[01:40:17.480 --> 01:40:22.480]  You're fighting your own battles here.
[01:40:22.480 --> 01:40:28.480]  You're fighting issues that are distinctions without a difference when there are real issues here.
[01:40:28.480 --> 01:40:36.480]  Yeah, you could be taking an axe to the roots instead of going and chasing down rules about criminal procedure.
[01:40:36.480 --> 01:40:45.480]  They're proceeding against you as if it's a crime maybe, but you're going to have to challenge that.
[01:40:45.480 --> 01:40:48.480]  I did that as well.
[01:40:48.480 --> 01:41:03.480]  The city manager, as far as I understand in California, the only persons authorized to create law are the legislators.
[01:41:03.480 --> 01:41:18.480]  Now, cities can write ordinances, and we've talked about this before, that ordinances are called ordinances because they're not laws.
[01:41:18.480 --> 01:41:35.480]  And in Texas, I filed a petition for writ of mandamus asking the court to rule that ordinances could not be enforced against the general public.
[01:41:35.480 --> 01:41:45.480]  That the legislature had authority to write law, but they did not have authority to delegate their power to write law.
[01:41:45.480 --> 01:41:48.480]  They could delegate the power to write ordinances.
[01:41:48.480 --> 01:42:00.480]  But if those ordinances were enforced against the public in general, they would have the effect of law, and that would be an unconstitutional application of the ordinance.
[01:42:00.480 --> 01:42:04.480]  That's what's happening here.
[01:42:04.480 --> 01:42:07.480]  But it wasn't an ordinance.
[01:42:07.480 --> 01:42:15.480]  He called the police department on a Friday morning and said, we're closing the beach for the weekend.
[01:42:15.480 --> 01:42:18.480]  He didn't even write anything.
[01:42:18.480 --> 01:42:22.480]  So did they charge you with trespass?
[01:42:22.480 --> 01:42:28.480]  No, they charged me with entering a disaster area.
[01:42:28.480 --> 01:42:33.480]  Is there a statute on entering a disaster area?
[01:42:33.480 --> 01:42:37.480]  Yes, it's penal code 409.5.
[01:42:37.480 --> 01:42:41.480]  Penal code, okay, so they did connect it over to a crime.
[01:42:41.480 --> 01:42:45.480]  Yes.
[01:42:45.480 --> 01:42:49.480]  What level of crime is that?
[01:42:49.480 --> 01:42:53.480]  It's a misdemeanor.
[01:42:53.480 --> 01:42:56.480]  Class A, B or C?
[01:42:56.480 --> 01:43:01.480]  I have never seen it categorized with a letter.
[01:43:01.480 --> 01:43:06.480]  Then if it's just called a misdemeanor, it'll be a Class C misdemeanor.
[01:43:06.480 --> 01:43:07.480]  Okay.
[01:43:07.480 --> 01:43:11.480]  At least that's the way it is in Texas law.
[01:43:11.480 --> 01:43:17.480]  Texas law and California law are very similar.
[01:43:17.480 --> 01:43:22.480]  So my question, yeah, sorry, go ahead.
[01:43:22.480 --> 01:43:29.480]  Who is authorized to designate a disaster area and what are the parameters?
[01:43:29.480 --> 01:43:35.480]  Only the health director of the county or the State Department of Health.
[01:43:35.480 --> 01:43:43.480]  Did the State Department of Health or whoever this is declare that beach as a disaster area?
[01:43:43.480 --> 01:43:46.480]  No, it was the city manager.
[01:43:46.480 --> 01:43:50.480]  Okay, you're fighting the wrong battles here.
[01:43:50.480 --> 01:43:53.480]  You need to go after that city manager.
[01:43:53.480 --> 01:43:57.480]  That sounds like you can win.
[01:43:57.480 --> 01:43:59.480]  We'll be right back.
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[01:51:20.480 --> 01:51:22.480]  Yeah.
[01:51:22.480 --> 01:51:28.480]  So, Randy, you would like to get me in touch with these other two listeners?
[01:51:28.480 --> 01:51:32.480]  Yes, Ted and Tina.
[01:51:32.480 --> 01:51:39.480]  Okay, because you're not clear about whether or not I can do them both at the same time.
[01:51:39.480 --> 01:51:46.480]  Yeah, put them both in one email and I'll forward it to each of them.
[01:51:46.480 --> 01:51:53.480]  No, no. I mean, can I appeal the denial while going back into the state court?
[01:51:53.480 --> 01:51:54.480]  Yes.
[01:51:54.480 --> 01:51:56.480]  I can. Okay.
[01:51:56.480 --> 01:51:57.480]  Yeah.
[01:51:57.480 --> 01:51:58.480]  All right.
[01:51:58.480 --> 01:52:02.480]  The court can move ahead if you get a ruling, then.
[01:52:02.480 --> 01:52:07.480]  Well, wait a minute, wait a minute. Let me take a step back.
[01:52:07.480 --> 01:52:11.480]  What was your appeal about?
[01:52:11.480 --> 01:52:12.480]  Did you?
[01:52:12.480 --> 01:52:17.480]  I'm going to appeal the denial of the writ.
[01:52:17.480 --> 01:52:24.480]  Okay, then the writ was asking the court to order the trial court to do what?
[01:52:24.480 --> 01:52:34.480]  To dismiss the charges, to not allow them to continue prosecuting me, and to quash the couple of warrants that they issued.
[01:52:34.480 --> 01:52:43.480]  No, that's not something that's proper for a writ of mandamus.
[01:52:43.480 --> 01:52:54.480]  If you have filed motions to dismiss and the judge has denied them, that's a matter for appeal.
[01:52:54.480 --> 01:53:03.480]  And that would be a matter for an interlocutory appeal instead of a writ of mandamus.
[01:53:03.480 --> 01:53:10.480]  Okay, so are you saying that I should not bother appealing that denial then at all?
[01:53:10.480 --> 01:53:13.480]  No, I would not. It won't go anywhere.
[01:53:13.480 --> 01:53:26.480]  But then you might file a interlocutory appeal because the ruling that you are claiming you should have gotten would have been dispositive.
[01:53:26.480 --> 01:53:29.480]  It would have disposed of the case.
[01:53:29.480 --> 01:53:40.480]  And since it would have disposed of the case, it's dispositive and is proper for interlocutory appeal.
[01:53:40.480 --> 01:53:43.480]  Okay, I don't know anything about those, so I'm going to have to—
[01:53:43.480 --> 01:53:44.480]  Just look up interlocutory.
[01:53:44.480 --> 01:53:59.480]  All it is—interlocutory is an appeal that you can make while the case is ongoing, and yours is exactly why interlocutory is there.
[01:53:59.480 --> 01:54:04.480]  A dispositive motion, a motion that would dispose of the case.
[01:54:04.480 --> 01:54:18.480]  If the case is allowed to continue, you and the state will both expend a lot of time and expenses prosecuting the case.
[01:54:18.480 --> 01:54:27.480]  When, if the proper ruling were entered, the case would end, and you wouldn't expend all that time and money.
[01:54:27.480 --> 01:54:38.480]  So any time a motion would end the case, it's ripe—when the judge denies it, it's ripe for interlocutory appeal.
[01:54:38.480 --> 01:54:50.480]  So you can go ahead and appeal that one decision, and then move the court to stay all proceedings until the interlocutory appeal is heard.
[01:54:50.480 --> 01:54:54.480]  Okay, okay.
[01:54:54.480 --> 01:54:58.480]  Look up interlocutory.
[01:54:58.480 --> 01:55:10.480]  I will. I will. Well, I think that's it, you guys. Thank you. Thank you very much for the feedback. I didn't mean to take the whole hour.
[01:55:10.480 --> 01:55:21.480]  Okay, thank you, Mary. Now we're going to go to our favorite caller, John in New York. John, what do you have for us today?
[01:55:21.480 --> 01:55:24.480]  Okay, thank you, Randy. Can you hear me okay?
[01:55:24.480 --> 01:55:25.480]  Yes, I can.
[01:55:25.480 --> 01:55:39.480]  Okay, great. Our city came by, the water department, is taking inventory to see whether or not you have copper, lead, or galvanized pipes.
[01:55:39.480 --> 01:55:56.480]  And I do know that the code office—now, it was the water department that came by—and I do know that the code office cannot force inspections of single-family homes in my area, in my town, in my city.
[01:55:56.480 --> 01:56:10.480]  Now, would the same apply—would the same rule apply to this situation, where you do not have to let them in your house to look to whether you got copper, lead, or galvanized pipe?
[01:56:10.480 --> 01:56:16.480]  Well, you don't have to let them in your house unless you've got a warrant.
[01:56:16.480 --> 01:56:17.480]  Yeah, show me the warrant.
[01:56:17.480 --> 01:56:32.480]  That I know. You see, I take very seriously the Fourth Amendment, and they like to skid right past that and everything that they do, just like—
[01:56:32.480 --> 01:56:48.480]  One thing you should keep in mind, your house is your castle, not their castle. So even if they come with a warrant, you tell them, no guns. You don't come in my house with a gun.
[01:56:48.480 --> 01:57:07.480]  I told that to the FBI once, and, oh, they got real testy with me. And I called the local police, and they sent a cop over, who is a personal friend of mine. And they griped to him, and he said, well, take your guns off. He's not going to shoot you.
[01:57:07.480 --> 01:57:15.480]  Well, we're not taking our pistol—we're not coming in disarmed. And he said, well, then you're not coming in. Get the hell out of here.
[01:57:15.480 --> 01:57:24.480]  That's right. That's right. So am I within my rights of not letting them inspect to see whether we have cop or not?
[01:57:24.480 --> 01:57:25.480]  Absolutely.
[01:57:25.480 --> 01:57:28.480]  Of course you are. It's yours.
[01:57:28.480 --> 01:57:33.480]  Nobody can enter your house without a warrant or your permission.
[01:57:33.480 --> 01:57:41.480]  Okay. And then the code office cannot—I know for a fact they cannot inspect single-family homes, which this is one.
[01:57:41.480 --> 01:57:56.480]  Well, you're saying single-family as if they have the right to walk into anybody's home, or maybe it's okay for them to make rules for themselves to allow themselves into some homes but not others. That's not a legitimate place to start.
[01:57:56.480 --> 01:58:12.480]  They can't come into your house. It doesn't matter if it's a duplex, triplex, anybody else's house is stuck to yours. This is your house. This is your place. They need a warrant signed by a judge if they're going to have any—they're going to step over the threshold.
[01:58:12.480 --> 01:58:19.480]  They might be able to inspect what they can see from public space.
[01:58:19.480 --> 01:58:29.480]  Yeah, they can go out in the street, dig up stuff, use whatever they want out there in the street, use sensors, figure out whatever they can. That's their area.
[01:58:29.480 --> 01:58:39.480]  We got Jerry, who beat up the grass police in the federal court over that. They told him they had to have a warrant. Okay, we are out of time.
[01:58:39.480 --> 01:58:49.480]  Thank you all for listening, and good night.
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