ROL_2023-08-04_16k_Hr1-2.timecode

[00:00.000 --> 00:05.320]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.320 --> 00:09.360]  They guarantee the specific freedoms Americans should know and protect.
[00:09.360 --> 00:10.840]  Our liberty depends on it.
[00:10.840 --> 00:14.760]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.760 --> 00:16.860]  your First Amendment rights.
[00:16.860 --> 00:18.460]  Privacy is under attack.
[00:18.460 --> 00:22.060]  When you give up data about yourself, you'll never get it back again.
[00:22.060 --> 00:26.840]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.840 --> 00:31.920]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:31.920 --> 00:32.920]  Privacy.
[00:32.920 --> 00:34.600]  It's worth hanging on to.
[00:34.600 --> 00:38.880]  This public service announcement is brought to you by StartPage.com, the private search
[00:38.880 --> 00:42.440]  engine alternative to Google, Yahoo, and Bing.
[00:42.440 --> 00:44.720]  Start over with StartPage.
[00:44.720 --> 00:46.480]  Spar.
[00:46.480 --> 00:47.720]  It's what fighters do.
[00:47.720 --> 00:51.160]  It's also how I remember the five guarantees of the First Amendment.
[00:51.160 --> 00:54.400]  If you plan to take away my rights, I'm going to spar with you.
[00:54.400 --> 01:01.520]  Spar with an extra P. S for speech, P for press, another P for petition, A for assembly,
[01:01.520 --> 01:02.880]  and R for religion.
[01:02.880 --> 01:06.960]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:06.960 --> 01:10.800]  assembly, and religion, but petition for redress is another matter.
[01:10.800 --> 01:14.520]  We have the right to petition the government for a redress of grievances.
[01:14.520 --> 01:18.040]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.040 --> 01:20.720]  the reasons without fear of being thrown into jail.
[01:20.720 --> 01:22.680]  I'm Dr. Catherine Albrecht.
[01:22.680 --> 01:31.040]  More news and information at CatherineAlbrecht.com.
[01:31.040 --> 01:34.720]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.720 --> 01:38.160]  They guarantee the specific freedoms Americans should know and protect.
[01:38.160 --> 01:39.640]  Our liberty depends on it.
[01:39.640 --> 01:43.560]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.560 --> 01:46.680]  one of your constitutional rights.
[01:46.680 --> 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 --> 02:30.600]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.600 --> 02:31.600]  Get it?
[02:31.600 --> 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 --> 03:21.320]  More news and information at CatherineAlbrecht.com.
[04:23.000 --> 04:45.160]  the right of the citizens to bear arms is just one guarantee against arbitrary government,
[04:45.160 --> 05:03.000]  one more safeguard against the tyranny, which now appears remote in America, but which
[05:03.000 --> 05:16.520]  is just one guarantee against arbitrary government, one more safeguard against the tyranny, which
[05:16.520 --> 05:30.520]  now appears remote in America, but which now appears remote in America, but which now appears
[05:30.520 --> 05:37.520]  the right of the citizens to bear arms is just one guarantee against arbitrary government,
[05:37.520 --> 05:50.040]  one more safeguard against the tyranny, which now appears remote in America, but which now
[05:50.040 --> 06:04.760]  appears remote in America, but which now appears remote in America, but which now appears
[06:04.760 --> 06:21.280]  remote in America, but which now appears remote in America, but which now appears remote in
[06:21.280 --> 06:47.000]  America, but which now appears remote in America, but which now appears remote in America, but
[06:47.000 --> 07:06.240]  which now appears remote in America, but which now appears remote in America, but which now
[07:06.240 --> 07:24.560]  appears remote in America, but which now appears remote in America, but which now appears
[07:24.560 --> 07:41.080]  remote in America, but which now appears remote in America, but which now appears remote
[07:41.080 --> 07:55.520]  in America, but which now appears remote in America, but which now appears remote in America,
[07:55.520 --> 08:12.040]  but which now appears remote in America, but which now appears remote in America, but which
[08:12.040 --> 08:28.880]  now appears remote in America, but which now appears remote in America, but which now appears
[08:28.880 --> 08:45.400]  remote in America, but which now appears remote in America, but which now appears remote in
[08:45.400 --> 09:06.560]  America, but which now appears remote in America, but which now appears remote in America, but
[09:06.560 --> 09:11.880]  I'm going to kick all their butts.
[09:11.880 --> 09:17.720]  I'm going to file a bar grievance against each one of them, say that the court of appeals
[09:17.720 --> 09:29.000]  should grieve the attorney general for producing such a piece of garbage for all the highest
[09:29.000 --> 09:31.320]  judges in Texas.
[09:31.320 --> 09:44.760]  They trusted the attorney general to respond to this suit, and they filed a 12b6 that was
[09:44.760 --> 09:47.920]  unwinnable.
[09:47.920 --> 09:51.680]  And from the people's perspective, that's a waste of people's money.
[09:51.680 --> 09:53.680]  Yes, it is.
[09:53.680 --> 10:01.360]  So I'm just going to drag their names through the mud.
[10:01.360 --> 10:09.360]  Scott Graydon, you're not going to be in a good position where we get done with you.
[10:09.360 --> 10:25.600]  We had one, the lawyers for this Sunset Valley, the municipality, they asked if we would agree
[10:25.600 --> 10:34.000]  to a motion to stay discovery until the Rule 12 motion was heard.
[10:34.000 --> 10:38.600]  I put it in there, what for?
[10:38.600 --> 10:42.280]  You filed nothing but trash in your motion.
[10:42.280 --> 10:43.800]  The court's going to rule against you.
[10:43.800 --> 10:44.800]  You said that?
[10:44.800 --> 10:45.800]  Yeah, I did.
[10:45.800 --> 10:49.960]  I put it in an email.
[10:49.960 --> 10:54.320]  I don't talk to them, and I told Kara, if they call, don't answer.
[10:54.320 --> 10:58.880]  And the guy called her, and she didn't answer.
[10:58.880 --> 11:05.800]  And I didn't put my phone number on the pleadings, so they don't have my phone number.
[11:05.800 --> 11:10.320]  So he emailed me, and I want everything in the email.
[11:10.320 --> 11:14.360]  You've got a suit out there, guys.
[11:14.360 --> 11:18.760]  Don't do phone conversations with the lawyers.
[11:18.760 --> 11:25.160]  You might not believe this, but there is an off chance that that lawyer might lie about
[11:25.160 --> 11:27.800]  what he said on the telephone.
[11:27.800 --> 11:34.760]  I know that sounds outrageous, and we've said this before, and I know everybody's in disbelief
[11:34.760 --> 11:40.320]  when I say that, but sometimes lawyers will lie to you.
[11:40.320 --> 11:43.640]  That's why I call them liars.
[11:43.640 --> 11:45.640]  Did I say sometimes?
[11:45.640 --> 11:46.640]  All the time.
[11:46.640 --> 11:51.280]  Well, they go to lie school, and they think they got themselves a lie degree so they can
[11:51.280 --> 11:52.280]  practice lie.
[11:52.280 --> 11:57.220]  And they've learned to lie when the truth would do better.
[11:57.220 --> 11:59.160]  So don't talk to them on the phone.
[11:59.160 --> 12:03.340]  Make them put everything in writing.
[12:03.340 --> 12:07.900]  So I got all the responses answered.
[12:07.900 --> 12:16.040]  They're all filed, and not one of them addressed the primary issue.
[12:16.040 --> 12:21.680]  All of them answered as if they were in a state court.
[12:21.680 --> 12:28.560]  Not one of them acted as if they were in a federal court and addressed the glaring federal
[12:28.560 --> 12:29.560]  issue.
[12:29.560 --> 12:38.520]  I'm trying to find a place where it says that you're required—I think it's in the Bar
[12:38.520 --> 12:47.080]  Association standards—where you're required to reference apparently contradictory case
[12:47.080 --> 12:53.600]  law and show why it doesn't apply.
[12:53.600 --> 12:54.600]  Have you seen that, Brett?
[12:54.600 --> 12:57.360]  No, I haven't, but that would be very useful.
[12:57.360 --> 13:00.960]  Yeah, I have seen that somewhere.
[13:00.960 --> 13:07.680]  I was thinking it was in the Bar Association standards.
[13:07.680 --> 13:09.960]  So I'm saying they had it not.
[13:09.960 --> 13:14.200]  I'm thinking it would be somewhere else because I probably would have found it in there.
[13:14.200 --> 13:15.200]  Yeah, okay.
[13:15.200 --> 13:19.440]  I will find it because that's going to become important.
[13:19.440 --> 13:24.840]  They had a duty, of all things, the young doctor.
[13:24.840 --> 13:30.160]  I mean, that was so absolutely clear.
[13:30.160 --> 13:34.000]  They had a duty to show why the young doctor didn't apply.
[13:34.000 --> 13:40.000]  So we filed against—I've got two responses so far—neither one of those addressed the
[13:40.000 --> 13:41.720]  young doctor.
[13:41.720 --> 13:46.080]  They pretend like it's not there.
[13:46.080 --> 13:50.760]  So I'm going to bar-grieve them for it.
[13:50.760 --> 13:57.160]  I've got several bar grievances, but I'm going to bar-grieve them one at a time.
[13:57.160 --> 14:06.840]  I'll do the first one, and then next week I'll take this list and do another one.
[14:06.840 --> 14:16.860]  The magistrate judge is going to probably take his time responding to my Rule 12.
[14:16.860 --> 14:21.280]  So every week, while we're waiting for the Rule 12, I'm going to bar-grieve them something
[14:21.280 --> 14:24.240]  about the Rule 12.
[14:24.240 --> 14:32.720]  Maybe by the time we get to the Rule 12, somebody will want to make me a deal.
[14:32.720 --> 14:38.960]  And that's how we're going to beat them.
[14:38.960 --> 14:43.040]  You mentioned that they were approaching this like state but not fed.
[14:43.040 --> 14:46.400]  Are you speaking specifically to immunity?
[14:46.400 --> 14:54.600]  Yes, because their only claim in the Rule 12 was that they had immunity.
[14:54.600 --> 15:02.280]  They had qualified immunity, they had absolute immunity, and the head of the Office of Court
[15:02.280 --> 15:11.520]  Administration said that she was acting under the direction of Nathan Hetch, the chief justice
[15:11.520 --> 15:20.880]  of the Supreme Court, and Nathan Hetch was required by the government code to advise
[15:20.880 --> 15:22.480]  the Office of Court Administration.
[15:22.480 --> 15:29.560]  So she said she's acting under court order, therefore she has absolute immunity.
[15:29.560 --> 15:33.600]  Huh?
[15:33.600 --> 15:34.600]  What happened to-
[15:34.600 --> 15:35.600]  The court order.
[15:35.600 --> 15:36.600]  Show me the court order.
[15:36.600 --> 15:37.600]  Let me see that.
[15:37.600 --> 15:41.760]  That's what I, I had that comment in there.
[15:41.760 --> 15:47.720]  Hers was 20 pages, and I answered the whole thing.
[15:47.720 --> 15:53.160]  And I took what she said and set it in quotes, so it shrunk it down.
[15:53.160 --> 15:58.480]  So I wound up with 20 pages anyway, but I answered everything.
[15:58.480 --> 16:07.160]  And then I got the young doctrine and looked at all my answers and said, that's all horsemanure.
[16:07.160 --> 16:11.800]  They're all rabbit trails.
[16:11.800 --> 16:19.800]  Be careful when the other side starts throwing rocks at you, because they're going to try
[16:19.800 --> 16:22.440]  to lead you down a rabbit hole.
[16:22.440 --> 16:26.320]  Oh, they wouldn't.
[16:26.320 --> 16:29.400]  It was probably a mistake.
[16:29.400 --> 16:34.800]  I mean, these are professional lawyers, they wouldn't do something like that on purpose.
[16:34.800 --> 16:37.400]  Oh yeah, I think they really do.
[16:37.400 --> 16:42.360]  As soon as they know they don't have a good answer, they throw all kinds of flak out there.
[16:42.360 --> 16:47.920]  They want to get you to fight the BS, but you can fight that all you want to, and they
[16:47.920 --> 16:48.920]  don't care.
[16:48.920 --> 16:51.880]  They'll love it, because you don't get to the real thing.
[16:51.880 --> 16:52.880]  Hang on.
[16:52.880 --> 17:00.200]  Randy Kalten, Brett Fountain, Review Love Radio, we'll be right back.
[17:00.200 --> 17:04.960]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[17:40.800 --> 17:46.640]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner,
[17:46.640 --> 17:49.520]  or email michaelmears at yahoo.com.
[17:49.520 --> 17:58.520]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
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[18:04.560 --> 18:08.440]  In today's America, we live in an us-against-them society, and if we, the people, are ever going
[18:08.440 --> 18:12.160]  to have a free society, then we're going to have to stand and defend our own rights.
[18:12.160 --> 18:15.600]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.600 --> 18:19.640]  in our own private capacity, and most importantly, the right to due process of law.
[18:19.640 --> 18:23.480]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
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[18:28.840 --> 18:32.600]  most comprehensive teaching tool available that will help you understand what due process
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[19:24.360 --> 19:43.160]  The world is spinning like it's out of control, on the edge of a hole, inside a deep dark
[19:43.160 --> 19:56.040]  hole, I'm always on the lookout for something to soothe my soul, that's how I sit back and
[19:56.040 --> 20:09.040]  I watch the evidence unfold, and I see justice is the goal, yeah, justice is the goal, sometimes
[20:09.040 --> 20:14.840]  we sail a little too far at sea, and then we got to get on with our lives, and then
[20:14.840 --> 20:15.840]  we got to get on with our lives.
[20:15.840 --> 20:21.440]  Okay, we are back, Randy Telford with Brett Fountain with Rule of Law Radio, and we're
[20:21.440 --> 20:27.400]  talking about bar grievances, and Brett was saying how rule of one's got a lot of gems
[20:27.400 --> 20:28.400]  in it.
[20:28.400 --> 20:36.560]  Yeah, if you're talking about this new kid, Graydon Grayson, you're talking about he's
[20:36.560 --> 20:42.360]  probably the low man on the totem pole, the guy that's doing all the answering?
[20:42.360 --> 20:43.360]  Yeah.
[20:43.360 --> 20:50.240]  Well, in the Texas disciplinary rules of professional conduct, this is what we use as the basis,
[20:50.240 --> 20:55.400]  just so the listeners know, this is what we use as the basis for a bar grievance.
[20:55.400 --> 20:59.880]  These attorneys have promised, they've sworn on their oath that when they become a lawyer,
[20:59.880 --> 21:02.000]  they're going to follow all of these rules.
[21:02.000 --> 21:08.920]  So you look at these rules, and now you've seen it much more than they have.
[21:08.920 --> 21:15.680]  First one, a lawyer generally should not accept or continue employment in any area of the
[21:15.680 --> 21:22.840]  law in which the lawyer is not and will not be prepared to render competent legal services.
[21:22.840 --> 21:23.840]  Exactly.
[21:23.840 --> 21:29.960]  So yeah, rule one is full of these little things like that, these little nuggets that
[21:29.960 --> 21:33.600]  I think are just so useful.
[21:33.600 --> 21:40.780]  So if the party opposing you is a fraudster, here they're trying to pull off some kind
[21:40.780 --> 21:46.200]  of lawlessness that this lawyer ought to know better than to represent them.
[21:46.200 --> 21:49.720]  He shouldn't even take them on as a client.
[21:49.720 --> 21:54.720]  If he tries to take them on as a client, this Grayson Graydon, whatever you said his name
[21:54.720 --> 22:03.200]  is, then he violated rule 1.02 subsection C, just by the very fact that he decided to
[22:03.200 --> 22:11.160]  represent them, unless he's so incompetent that he couldn't recognize the fraud.
[22:11.160 --> 22:16.440]  That's rule 1.01.
[22:16.440 --> 22:23.680]  He's also required to try and convince that client to quit committing fraud.
[22:23.680 --> 22:25.440]  Don't do that.
[22:25.440 --> 22:35.000]  If he doesn't try to dissuade them, talk sense into them, then he's violating rule 1.02 D.
[22:35.000 --> 22:36.240]  D is in delta.
[22:36.240 --> 22:41.640]  That's another rule that he's violating because he didn't try to talk sense into them.
[22:41.640 --> 22:48.760]  So he didn't try to talk sense into all the highest judges in Texas.
[22:48.760 --> 22:49.760]  Right.
[22:49.760 --> 22:55.200]  You better get your big boy pants on and get bold because that's what you're required to
[22:55.200 --> 22:56.200]  do.
[22:56.200 --> 22:58.040]  He swore he would.
[22:58.040 --> 23:06.320]  And then if he can't talk sense into them, he is required, rule 1.02 E, he's required
[23:06.320 --> 23:08.880]  to take some corrective action.
[23:08.880 --> 23:12.880]  Well, I think he did.
[23:12.880 --> 23:18.840]  No, he's got to scramble to fix their harm, the harm that his client's fraud caused.
[23:18.840 --> 23:20.400]  He needs to try to fix it.
[23:20.400 --> 23:21.400]  I think he did.
[23:21.400 --> 23:22.400]  How's that?
[23:22.400 --> 23:33.120]  He wrote an incompetent rule 12 motion, so he made sure he got it denied.
[23:33.120 --> 23:41.160]  So then there's also another cool one in rule one, it's rule 1.15 subsection A1.
[23:41.160 --> 23:48.680]  He's required to withdraw representation to avoid becoming part of that fraud.
[23:48.680 --> 23:55.680]  If he doesn't drop them, then he violated that rule, 1.15 A1.
[23:55.680 --> 23:58.520]  So he's going to become your friend pretty soon here.
[23:58.520 --> 24:02.800]  He's going to be looking forward to all these notes he gets in the mail from you.
[24:02.800 --> 24:09.720]  Yeah, he'd be looking forward to new employment, I hope.
[24:09.720 --> 24:12.120]  He's probably a new attorney.
[24:12.120 --> 24:16.680]  He got out of law school, didn't get picked up by a major law firm.
[24:16.680 --> 24:20.440]  So he went down and went to work for the government.
[24:20.440 --> 24:26.360]  So an attorney general is good to have on your resume.
[24:26.360 --> 24:33.520]  But all these bar grievances, they're not going to help his resume one little bit.
[24:33.520 --> 24:39.760]  So I want them in a position to where when we get to mediation, they're going to want
[24:39.760 --> 24:43.520]  this case to go away.
[24:43.520 --> 24:48.960]  Every time they file something, every time they say something, I'm going to bargain
[24:48.960 --> 24:53.240]  them.
[24:53.240 --> 24:58.160]  So we'll see how many different attorneys we can go through, see if I can get as many
[24:58.160 --> 25:03.440]  as you did with this woman on the foreclosure issue.
[25:03.440 --> 25:06.640]  Oh, that was fun.
[25:06.640 --> 25:10.680]  I just kept taking the same thing, sticking a new name on the top.
[25:10.680 --> 25:11.680]  Okay.
[25:11.680 --> 25:17.600]  Well, that's what I'm going to do, I'm trying to, all of them did the same thing.
[25:17.600 --> 25:22.160]  Some of them used different words, but they all did essentially the same thing, essentially
[25:22.160 --> 25:28.360]  the same arguments, down to almost exactly the same case law.
[25:28.360 --> 25:33.020]  You know, Randy, I don't know if you call it a sadistic or what, but another thing that
[25:33.020 --> 25:42.920]  you might enjoy doing is go find in the law firms, if these people have, I don't know,
[25:42.920 --> 25:48.980]  are they connected with any other law firms?
[25:48.980 --> 25:54.040]  You can go and just find some random attorney that's not a partner, not anybody, and just
[25:54.040 --> 26:00.520]  notify them, make them aware of what such and such, what do you call it?
[26:00.520 --> 26:07.360]  Stewart Graydon, say this guy over here is doing this and this and that, and now you've
[26:07.360 --> 26:12.320]  invoked that second attorney's duty to bar-grieve the first attorney.
[26:12.320 --> 26:20.200]  Wait a minute, I got attorney general attorneys, Graydon is an attorney general attorney.
[26:20.200 --> 26:29.080]  So I'm going to ask him to straighten out all of these non-attorney general law firms.
[26:29.080 --> 26:35.640]  Of course, they're not going to want to bar-grieve each other, of course.
[26:35.640 --> 26:40.960]  But if they don't, then they open themselves up to a bar grievance for not following the
[26:40.960 --> 26:46.360]  rules that they swore to follow, which is in this case would be 8.03 subsection A.
[26:46.360 --> 26:53.960]  Well, that's what I got to do first thing in the morning before I start back up is read
[26:53.960 --> 26:56.160]  back through all of those.
[26:56.160 --> 27:01.440]  I think I need to read one, two, three, four, five, and eight.
[27:01.440 --> 27:07.760]  If I remember right, six and seven goes to selling law firms and law firm to law firm
[27:07.760 --> 27:08.760]  stuff.
[27:08.760 --> 27:10.560]  Yeah, nothing much interesting in there.
[27:10.560 --> 27:11.560]  Yeah.
[27:11.560 --> 27:16.360]  So I'll reread those and then we'll start having some fun.
[27:16.360 --> 27:24.600]  Okay, we got three callers on the call board and Chris was on last night and I never got
[27:24.600 --> 27:26.320]  to him.
[27:26.320 --> 27:31.280]  So we're going to go to, do you have something you want to address, Brett?
[27:31.280 --> 27:32.280]  No, that's great.
[27:32.280 --> 27:34.280]  Let's go to Chris.
[27:34.280 --> 27:35.280]  Okay.
[27:35.280 --> 27:36.280]  Chris.
[27:36.280 --> 27:37.280]  Hello.
[27:37.280 --> 27:40.520]  Howdy, howdy.
[27:40.520 --> 27:43.040]  What do you have for us today?
[27:43.040 --> 27:50.240]  Well, I was listening to you guys last night, listening to what you were talking about,
[27:50.240 --> 27:51.600]  Randy, with your lawsuit.
[27:51.600 --> 27:54.880]  And I was curious, what counts do you have in there?
[27:54.880 --> 27:57.880]  What was your process of action?
[27:57.880 --> 28:00.680]  Okay, this is what I said.
[28:00.680 --> 28:11.040]  I said that the legislature ordered the office of court administration in consultation with
[28:11.040 --> 28:18.020]  the office, with the Texas Court of Criminal Appeals, which is the highest court in Texas
[28:18.020 --> 28:27.720]  for criminal, to, they were ordered to develop curriculum for the training of magistrates
[28:27.720 --> 28:37.560]  in the setting of bail and other duties, 17.024, and I thank Brett for that one.
[28:37.560 --> 28:44.560]  And what I alleged was that instead of developing curricula, what they did was put together
[28:44.560 --> 28:52.320]  an ongoing criminal enterprise designed and intended to deny the citizens in the due course
[28:52.320 --> 29:03.280]  of the laws and the equal protection of the laws in violation of 18 U.S. Code 1983.
[29:03.280 --> 29:04.720]  So it's a RICO suit.
[29:04.720 --> 29:12.480]  I accused them of violating state law or federal law in the federal court.
[29:12.480 --> 29:21.400]  That was my claim, and as evidence in support of my claim, I walked through the codes, what
[29:21.400 --> 29:27.720]  the codes said they were supposed to do, and then I demonstrated what they were actually
[29:27.720 --> 29:30.480]  doing.
[29:30.480 --> 29:41.760]  So everybody who responded only referenced the state accusations I made and claimed they
[29:41.760 --> 29:48.760]  had immunity, immunity for those state accusations, and I said, so what?
[29:48.760 --> 29:51.320]  I didn't make any state claims.
[29:51.320 --> 30:02.480]  Hang on, Randy Kelton, Brett Fountain, We Love Love Radio, we'll be right back.
[30:02.480 --> 30:06.080]  It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.080 --> 30:07.080]  affected our health?
[30:07.080 --> 30:11.240]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how
[30:11.240 --> 30:15.560]  cell phones may actually alter our brain chemistry.
[30:15.560 --> 30:17.160]  Privacy is under attack.
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[30:20.760 --> 30:25.520]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:25.520 --> 30:30.680]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.680 --> 30:33.280]  Privacy, it's worth hanging on to.
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[30:48.080 --> 30:51.560]  But whether it's dangerous to have a phone beaming this kind of radiation near your head
[30:51.560 --> 30:52.560]  has been disputed.
[30:52.560 --> 30:57.040]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.040 --> 31:01.440]  Well, now the Journal of the American Medical Association is confirming that cell phones
[31:01.440 --> 31:02.720]  affect brain chemistry.
[31:02.720 --> 31:08.080]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.080 --> 31:11.760]  to the cell phone antenna increases when the cell phone is on.
[31:11.760 --> 31:15.680]  While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:15.680 --> 31:16.680]  chances.
[31:16.680 --> 31:20.160]  I always keep the phone far from my body, and I use a corded headset.
[31:20.160 --> 31:22.120]  I'm Dr. Catherine Albrecht.
[31:22.120 --> 31:30.520]  More news and information at CatherineAlbrecht.com.
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[31:38.800 --> 31:42.920]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.920 --> 31:46.800]  Although the official explanation is that fire brought down Building 7.
[31:46.800 --> 31:50.600]  Over 1,200 architects and engineers have looked into the evidence.
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[31:57.000 --> 31:58.000]  Go to buildingwhat.org.
[31:58.000 --> 32:01.720]  Why it fell, why it matters, and what you can do.
[32:01.720 --> 32:06.120]  Are you looking to have a closer relationship with God and a better understanding of His
[32:06.120 --> 32:07.120]  Word?
[32:07.120 --> 32:11.800]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for
[32:11.800 --> 32:16.840]  Scripture Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy
[32:16.840 --> 32:17.840]  2.15.
[32:17.840 --> 32:23.160]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly
[32:23.160 --> 32:25.600]  dividing the word of truth.
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[32:29.560 --> 32:32.880]  by verse and discuss the true Gospel message.
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[32:37.520 --> 32:39.880]  and Christian character development.
[32:39.880 --> 32:44.400]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.400 --> 32:48.720]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.720 --> 32:51.000]  of our Lord and Savior Jesus.
[32:51.000 --> 32:57.640]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and
[32:57.640 --> 33:01.000]  motivate your studies of the Scriptures.
[33:57.640 --> 34:03.200]  Okay.
[34:03.200 --> 34:04.200]  We are back.
[34:04.200 --> 34:12.000]  Randy Kelton, Rhett Fountain, Rule of Law Radio, and we're talking to Chris in Colorado.
[34:12.000 --> 34:13.000]  Where were we, Chris?
[34:13.000 --> 34:20.240]  Well, I was just trying to understand what your counts are as, you know, as I'm building
[34:20.240 --> 34:23.440]  things, I'm trying to learn more, yeah.
[34:23.440 --> 34:24.920]  Yeah, my claims.
[34:24.920 --> 34:25.920]  Okay.
[34:25.920 --> 34:35.320]  I was very careful to only make federal claims, going in the federal court, and I did not
[34:35.320 --> 34:46.520]  want to contaminate the federal court issue with state claims where they could claim immunity.
[34:46.520 --> 34:51.300]  I had seen case law saying they didn't have immunity, so I wrote it that way.
[34:51.300 --> 34:57.280]  And then a friend of mine sent me the Young Doctrine, and that was the seminal controlling
[34:57.280 --> 34:59.400]  case, 1908 case.
[34:59.400 --> 35:08.440]  I did a search on case law and of cases that referenced Young, and I got about 4,500 hits.
[35:08.440 --> 35:15.440]  So if I did it on Lexis, I'd probably get 10,000.
[35:15.440 --> 35:28.340]  So it's well established case law, and it's very clear that a state has no power to immunize
[35:28.340 --> 35:32.840]  its officials from violating federal law.
[35:32.840 --> 35:40.920]  So I was careful to make my claim only alleging violations of federal law, so they couldn't
[35:40.920 --> 35:44.280]  argue state immunity.
[35:44.280 --> 35:53.840]  And that's all they argued was state immunity, and I know I've seen in the case law where
[35:53.840 --> 36:03.680]  it says that if there is a seemingly detrimental case law, you, as a lawyer, they have a duty
[36:03.680 --> 36:12.400]  to bring that up to the court and show the court why it doesn't apply, because the court
[36:12.400 --> 36:13.800]  wants the best law.
[36:13.800 --> 36:16.440]  They want the best argument.
[36:16.440 --> 36:19.120]  They want to find the best answer.
[36:19.120 --> 36:25.760]  So if there is apparently contradictory case law, they expect you to show them why it doesn't
[36:25.760 --> 36:31.160]  apply, and they didn't do that.
[36:31.160 --> 36:39.880]  Their mistake, they should have shown why Young didn't apply, and now they have no answer
[36:39.880 --> 36:40.880]  to Young.
[36:40.880 --> 36:53.560]  And I have had to file a rebuttal to my answers, but those first two answers I did early and
[36:53.560 --> 36:57.840]  I didn't have Young in there.
[36:57.840 --> 37:04.960]  They came back in the rebuttal and just argued more state immunity.
[37:04.960 --> 37:10.000]  In my answers, I addressed the fact that I didn't make any state claims, but they argued
[37:10.000 --> 37:11.280]  state immunity anyway.
[37:11.280 --> 37:18.200]  So then I found Young, and all the rest of them have Young in there.
[37:18.200 --> 37:24.920]  So with the Young doctor, and it's, Brett, do you have the number of that?
[37:24.920 --> 37:27.920]  It's N. Ray Young.
[37:27.920 --> 37:30.480]  Is it Ex Parte?
[37:30.480 --> 37:33.480]  I'm sorry, the Ex Partes.
[37:33.480 --> 37:40.600]  Yeah, 209 US 123.
[37:40.600 --> 37:45.080]  Yeah, that's 1908.
[37:45.080 --> 37:49.960]  But it is absolutely dead on point.
[37:49.960 --> 37:53.080]  There's no escaping that.
[37:53.080 --> 37:55.000]  It's just as clear as it can be.
[37:55.000 --> 37:56.000]  It's well said.
[37:56.000 --> 37:58.200]  It's in a tight little sound bite.
[37:58.200 --> 38:02.640]  I mean, you can't get away from it.
[38:02.640 --> 38:04.080]  That was just a little sound bite.
[38:04.080 --> 38:10.160]  There's a whole section in there that goes into minute detail.
[38:10.160 --> 38:12.320]  And so it was a really good case.
[38:12.320 --> 38:19.480]  The guy that sent it to me, I sent him an email and said that if you weren't so fat,
[38:19.480 --> 38:24.000]  bald, and ugly, I'd kiss you right on the mouth.
[38:24.000 --> 38:27.560]  That's how good it was.
[38:27.560 --> 38:43.600]  But yeah, if you're going to sue them in the Fed, be real careful about any state claims.
[38:43.600 --> 38:54.800]  Take the state claim, only make claims that you can frame in terms of a due process violation.
[38:54.800 --> 39:01.160]  Because due process rings in the state or in the Fed.
[39:01.160 --> 39:09.600]  If you're in the state and they violate state law and deny you due process, it is the due
[39:09.600 --> 39:14.160]  process that you're guaranteed in the Fourth Amendment.
[39:14.160 --> 39:17.880]  So that will ring in the Fed as well as the state.
[39:17.880 --> 39:22.240]  Does that make sense, Chris?
[39:22.240 --> 39:29.840]  Yeah, I was curious how you were doing yours, because I'm reading through case law now,
[39:29.840 --> 39:35.520]  my own stuff, and I was just a little more curious about negligence and things like that.
[39:35.520 --> 39:36.880]  That obviously would not help you.
[39:36.880 --> 39:39.600]  That would be a state thing.
[39:39.600 --> 39:46.160]  That would be a cause of action and not a tort.
[39:46.160 --> 39:48.280]  Causes of actions are tougher.
[39:48.280 --> 39:53.440]  But if you're going to sue public officials in the state, you really want to sue them
[39:53.440 --> 39:55.960]  under RICO.
[39:55.960 --> 40:03.640]  You want to want to accuse them of violating some law that has the effect of violating
[40:03.640 --> 40:06.840]  a federal right.
[40:06.840 --> 40:14.400]  And then make your claim under the federal right that they violated.
[40:14.400 --> 40:22.000]  Well, I'll think about that for later, because I do have public officials who have probably
[40:22.000 --> 40:24.560]  neglected their duty.
[40:24.560 --> 40:33.000]  But I filed my federal lawsuit today for the hospital, and the reason that it's in the
[40:33.000 --> 40:39.040]  Fed is because they violated a federal act, which is the MPALA Act, Emergency Medical
[40:39.040 --> 40:41.560]  and Labor and Treatment Act.
[40:41.560 --> 40:42.560]  OK.
[40:42.560 --> 40:46.840]  Hold on, hold on.
[40:46.840 --> 40:55.480]  In violating that act, did they deny you a right?
[40:55.480 --> 40:56.680]  That's what I'm trying to figure out.
[40:56.680 --> 41:03.160]  I have seen some stuff where it is a right, but the way people have argued it is a state
[41:03.160 --> 41:04.160]  hospital.
[41:04.160 --> 41:10.880]  So if it's a psychiatric hospital or a state hospital, then they are bound by they are
[41:10.880 --> 41:11.880]  an actor.
[41:11.880 --> 41:13.240]  They are a federal actor, right?
[41:13.240 --> 41:16.960]  Well, they get federal money as well.
[41:16.960 --> 41:18.400]  Yeah.
[41:18.400 --> 41:22.080]  So this private hospital, that's what I'm trying to figure out.
[41:22.080 --> 41:25.800]  I just got my suit in because my statute of limitation ends tomorrow, so I got my suit
[41:25.800 --> 41:26.800]  in today.
[41:26.800 --> 41:30.760]  But I want to do some more research into it because I am seeing some arguments for civil
[41:30.760 --> 41:31.760]  rights.
[41:31.760 --> 41:35.600]  And yes, this hospital, even though it's private, does get money.
[41:35.600 --> 41:40.320]  The MPALA Act is an interesting thing, but also Centers for Medicare and Medicaid, who
[41:40.320 --> 41:43.760]  basically enforced that act, they also give money to the hospital.
[41:43.760 --> 41:48.760]  So if they accept Medicare or Medicaid, then they're getting federal funding.
[41:48.760 --> 42:01.240]  Well, I think all hospitals, state or federal, I mean private or public, get federal money.
[42:01.240 --> 42:06.160]  One way or another, they get federal money.
[42:06.160 --> 42:15.160]  And they do have a duty to treat people, especially emergency room.
[42:15.160 --> 42:20.560]  You come to an emergency room, they cannot turn you away.
[42:20.560 --> 42:21.560]  That's pretty clear.
[42:21.560 --> 42:22.560]  Yeah.
[42:22.560 --> 42:27.440]  But the civil rights part is the one I got to do some research on.
[42:27.440 --> 42:32.560]  But I did the MPALA Act and then I found a lot of the MPALA Act, what it does is it opens
[42:32.560 --> 42:39.640]  up for that specific federal accountability.
[42:39.640 --> 42:45.880]  But it guides people who are suing the hospital to take on the personal injury rules of the
[42:45.880 --> 42:46.880]  state.
[42:46.880 --> 42:54.200]  So I mixed in medical malpractice and then negligence per se.
[42:54.200 --> 43:02.080]  So when you make your claim, you can talk about all these state issues, but when you
[43:02.080 --> 43:10.440]  make your claim, make your claim in terms of how the state violations violated a federal
[43:10.440 --> 43:12.880]  right you had.
[43:12.880 --> 43:17.200]  So you're not making any state claims, you're only making federal claims.
[43:17.200 --> 43:18.200]  Yeah.
[43:18.200 --> 43:24.400]  As I understand it, correct me if I'm wrong, Randy, but the reason that you would talk
[43:24.400 --> 43:28.000]  about all these state claims and point out the laws in the state and all of that is just
[43:28.000 --> 43:32.320]  so that it can be really clear that it's objectively unreasonable actions.
[43:32.320 --> 43:36.320]  The things that they did couldn't be considered as...
[43:36.320 --> 43:41.960]  Under rule eight, a bare recitation of the facts is insufficient.
[43:41.960 --> 43:50.800]  You have to show the facts and show the facts and show why the facts violate federal law.
[43:50.800 --> 43:57.360]  That's what Ashcroft v. Ickbal addressed when they raised the beating standards.
[43:57.360 --> 44:00.680]  Hang on, we'll be right back.
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[46:20.840 --> 46:37.200]  Thank you.
[46:50.840 --> 46:57.840]  Shouting distance, I vote for bravery and against slavery, showing resistance
[46:57.840 --> 47:02.840]  First I'm crawling, then I'm walking, then I start strutting
[47:02.840 --> 47:07.840]  I'm just so glad to make my living pushing buttons
[47:10.840 --> 47:13.840]  Whoa, whoa, whoa, whoa
[47:16.840 --> 47:18.840]  Whoa, whoa, whoa, whoa
[47:18.840 --> 47:22.840]  Yeah, you sat down to play Monopoly
[47:22.840 --> 47:27.840]  Okay, we are back. Randy Kelton, Moet Fountain with Rule of Law Radio
[47:27.840 --> 47:32.840]  And we're talking to Chris in Colorado
[47:32.840 --> 47:34.840]  Oops, I just muted you, Chris
[47:34.840 --> 47:45.840]  Okay, so we're talking about how to craft a federal suit so it sticks under the young doctrine
[47:45.840 --> 47:51.840]  You've got to accuse them of violating some federal law
[47:51.840 --> 47:55.840]  And if you're dealing with a hospital, you're going to have a whole stack of them
[48:00.840 --> 48:07.840]  So do I remove my state counts or causes of action and just stick to the one federal?
[48:07.840 --> 48:18.840]  Well, you can claim the same amount and it depends on how solid your federal claims are
[48:18.840 --> 48:25.840]  A federal claim, even if it's not solid, will stick it in the federal court
[48:25.840 --> 48:38.840]  So if they go in and the federal claim keeps you in the federal court even if you're likely to lose it
[48:38.840 --> 48:47.840]  Once they adjudicate up to that federal claim and if the court denies your federal claim
[48:47.840 --> 48:51.840]  That does not necessarily take it out of federal jurisdiction
[48:51.840 --> 49:02.840]  If the issues are so intertwined that they can't be severed and totally separated from one another
[49:02.840 --> 49:07.840]  Then it stays in the federal court because you've already adjudicated most of it
[49:07.840 --> 49:13.840]  And if they remanded it to the state, then you'd have to replete all that stuff
[49:13.840 --> 49:25.840]  So there is a claim that is exclusively federal mixed in with state claims
[49:25.840 --> 49:33.840]  Then the federal court must hear both claims. Does that make sense?
[49:33.840 --> 49:35.840]  It does, and that's what I did
[49:35.840 --> 49:44.840]  The nice thing about how this is proceeding is I already have a report from Centers for Medicare and Medicaid
[49:44.840 --> 49:49.840]  They're the regional office, federal offices that regulate hospitals
[49:49.840 --> 49:55.840]  Now the problem is that their subordinates try to play a game with their enforcement
[49:55.840 --> 49:58.840]  So they only hit them with not logging me
[49:58.840 --> 50:02.840]  Instead of saying they denied me service, they said you didn't log them
[50:02.840 --> 50:07.840]  Well, that just pries the door open for me to say, well, not only did they not log me, they didn't provide service
[50:07.840 --> 50:10.840]  You can't have one without the other
[50:10.840 --> 50:14.840]  And then I've got video footage to show that they're lying about why they didn't log me
[50:14.840 --> 50:16.840]  They're trying to say that I left without giving them their name
[50:16.840 --> 50:19.840]  Well, I was outside talking to you guys for two hours on the phone
[50:19.840 --> 50:25.840]  So they certainly knew I was outside waiting to get treated and they refused to treat
[50:25.840 --> 50:28.840]  So I have the door open slightly
[50:28.840 --> 50:31.840]  I've got to crack it wide open and I'm trying to figure out the best way
[50:31.840 --> 50:35.840]  But with that report, they cannot kick me out of the federal claim for an EMTALA
[50:35.840 --> 50:38.840]  Because that report is an EMTALA violation
[50:38.840 --> 50:40.840]  I'm trying to up the ante on that violation
[50:40.840 --> 50:45.840]  That's why I use the state claims for negligence and medical malpractice
[50:45.840 --> 50:46.840]  And in that...
[50:46.840 --> 50:49.840]  Well, now wait a minute, wait a minute
[50:49.840 --> 50:55.840]  Can you make that claim in the Fed?
[50:55.840 --> 50:58.840]  Yeah, I think so
[50:58.840 --> 51:07.840]  See if you can make the malpractice and negligence in the Fed
[51:07.840 --> 51:13.840]  As a matter of fact, I've got a federal causes of action over here
[51:13.840 --> 51:17.840]  Let's see, Texas, no
[51:17.840 --> 51:19.840]  No, I don't have a federal causes of action
[51:19.840 --> 51:22.840]  I've only got a state, I thought I had a Fed
[51:22.840 --> 51:27.840]  You need O'Connor's federal causes of action
[51:27.840 --> 51:32.840]  Go on eBay and see if you can find one
[51:32.840 --> 51:36.840]  Then you can walk down through the causes of action
[51:36.840 --> 51:41.840]  And it'll tell you exactly how to plead them and how to argue them
[51:41.840 --> 51:44.840]  The federal causes of action, okay
[51:44.840 --> 51:46.840]  Yeah
[51:46.840 --> 51:48.840]  They are great
[51:48.840 --> 51:51.840]  You open the front cover, on the inside of the front cover
[51:51.840 --> 51:53.840]  They list all the causes of action
[51:53.840 --> 51:57.840]  That's where the table of contents is
[51:57.840 --> 52:00.840]  Then you go to the cause of action
[52:00.840 --> 52:03.840]  The first thing it tells you is what all the elements are
[52:03.840 --> 52:10.840]  And then it goes through those elements one at a time and tells you how to plead them
[52:10.840 --> 52:18.840]  And I've got federal, what do you call it, the templates
[52:18.840 --> 52:25.840]  So I can send you the templates, the 2008 templates, but that won't make any difference
[52:25.840 --> 52:29.840]  In states where they use O'Connor's
[52:29.840 --> 52:38.840]  Everybody pretty much crafts their pleadings in accordance with O'Connor's
[52:38.840 --> 52:43.840]  That's because most everybody uses O'Connor's
[52:43.840 --> 52:52.840]  And that way when the judge gets the pleading, he sees what he expects to see where he expects to see it
[52:52.840 --> 52:56.840]  The common case law, he sees all the same case law
[52:56.840 --> 52:59.840]  He looks at jurisdiction, venue
[52:59.840 --> 53:05.840]  All of them would be exactly the same because they all come out of O'Connor's
[53:05.840 --> 53:08.840]  That makes the judge feel comfortable
[53:08.840 --> 53:11.840]  Yeah, you don't waste any time reading it
[53:11.840 --> 53:20.840]  I tell about a motion to block a restraining order for a friend of mine
[53:20.840 --> 53:23.840]  A motion for temporary restraining order
[53:23.840 --> 53:28.840]  And he took it to the court and he was my civil go-to guy
[53:28.840 --> 53:31.840]  He was pretty good in his own right
[53:31.840 --> 53:34.840]  But he didn't know anything about foreclosure, so I made this up for him
[53:34.840 --> 53:37.840]  He went in, the judge gave him the restraining order
[53:37.840 --> 53:41.840]  He came out and the lawyer said, are you an attorney?
[53:41.840 --> 53:43.840]  He said, no, but my brother is
[53:43.840 --> 53:45.840]  He said, did you write this?
[53:45.840 --> 53:48.840]  Well, yeah, but I had some help
[53:48.840 --> 53:52.840]  He said, the lawyer said, this is really good
[53:52.840 --> 53:55.840]  And Ken told me that
[53:55.840 --> 53:58.840]  And I finally told him, but I didn't tell him right away
[53:58.840 --> 54:05.840]  That I took O'Connor's forms and filled in the blanks
[54:05.840 --> 54:08.840]  Okay, okay, what happened?
[54:08.840 --> 54:13.840]  They give the new attorney the pro se client
[54:13.840 --> 54:15.840]  So he's a new attorney
[54:15.840 --> 54:18.840]  And he looks at this motion and he's thinking, holy crap
[54:18.840 --> 54:22.840]  That looks exactly like the ones we file
[54:22.840 --> 54:28.840]  And he was probably wondering how the heck Ken did that
[54:28.840 --> 54:31.840]  Well, I just filled in the blanks
[54:31.840 --> 54:35.840]  The judge got it, saw exactly what he expected to see
[54:35.840 --> 54:38.840]  Exactly where he expected to see it
[54:38.840 --> 54:43.840]  So even though he knew Ken wasn't an attorney
[54:43.840 --> 54:48.840]  While he's reading the document, he shifted into that attorney gear
[54:48.840 --> 54:52.840]  Because there were no pro se red flags in it
[54:52.840 --> 54:58.840]  He just scanned down through it, yeah, it looks all okay, signed it
[54:58.840 --> 55:04.840]  No red flags, no pro se verbiage crap
[55:04.840 --> 55:07.840]  No man on the land BS, none of that
[55:07.840 --> 55:09.840]  He saw everything like he expected to
[55:09.840 --> 55:14.840]  So if you're writing your own pleadings
[55:14.840 --> 55:19.840]  You haven't done enough research
[55:19.840 --> 55:24.840]  You should be writing intros and outros from arguments
[55:24.840 --> 55:28.840]  You go online and do a search for issues
[55:28.840 --> 55:34.840]  And I love the court rulings
[55:34.840 --> 55:38.840]  Because they're kind of done in a narrative format
[55:38.840 --> 55:43.840]  I'll take a whole section where the judge is explaining something
[55:43.840 --> 55:46.840]  Cut it out and drop it in my document
[55:46.840 --> 55:50.840]  And change intro and outro and adjust it a little bit
[55:50.840 --> 55:54.840]  So to make it look like I'm saying it
[55:54.840 --> 55:59.840]  Well, the judge will read it and he'll know I'm not saying that
[55:59.840 --> 56:04.840]  Because these judges, they do a really nice job on these opinions
[56:04.840 --> 56:11.840]  And when he reads the style, he will recognize this is from a court opinion
[56:11.840 --> 56:16.840]  And that gives him more confidence
[56:16.840 --> 56:20.840]  So get those other guys to write
[56:20.840 --> 56:25.840]  Either that or he'll suspect that you're using an AI filter for producing that style
[56:25.840 --> 56:33.840]  Yeah, or he will know that you cut that from a court decision and dropped it in there
[56:33.840 --> 56:38.840]  And that will give it even more credibility
[56:38.840 --> 56:45.840]  So why don't these judges pick up on the fact that I'm just straight plagiarizing most of what I write
[56:45.840 --> 56:47.840]  Yeah, that's how you do it
[56:47.840 --> 56:54.840]  That's why you're having such good results
[56:54.840 --> 56:57.840]  Okay, so I'll do some more research
[56:57.840 --> 57:02.840]  In the cases that I read, you start with a federal claim that gets you into federal court
[57:02.840 --> 57:05.840]  I didn't plead diversity, but I could add that in there if I need to
[57:05.840 --> 57:07.840]  I don't think I need to
[57:07.840 --> 57:10.840]  But the MTOLA gets you into federal court
[57:10.840 --> 57:16.840]  And then everybody else would also move down with medical malpractice and some form of negligence
[57:16.840 --> 57:20.840]  To kind of beef up their suit
[57:20.840 --> 57:22.840]  But I think that's how it was guided
[57:22.840 --> 57:24.840]  But I'm going to also try to find civil rights
[57:24.840 --> 57:27.840]  Because there are some people talking about civil rights
[57:27.840 --> 57:30.840]  You can't, I just haven't found it yet
[57:30.840 --> 57:32.840]  You can't deny service at a hospital
[57:32.840 --> 57:34.840]  That is a violation of some rights
[57:34.840 --> 57:38.840]  But I haven't found the civil right part of that yet
[57:38.840 --> 57:42.840]  But it's okay
[57:42.840 --> 57:46.840]  I was just more curious of how you were doing yours, Randy
[57:46.840 --> 57:48.840]  Because you've been sitting on yours for quite a while
[57:48.840 --> 57:54.840]  But I have also kind of a technicality
[57:54.840 --> 57:57.840]  I had to drive three hours today because in Wyoming
[57:57.840 --> 58:01.840]  They do not allow prostates to use the e-file system
[58:01.840 --> 58:03.840]  Have you guys run into that?
[58:03.840 --> 58:05.840]  No
[58:05.840 --> 58:09.840]  In the Fed they don't allow you to?
[58:09.840 --> 58:11.840]  In the Fed
[58:11.840 --> 58:13.840]  Wow
[58:13.840 --> 58:14.840]  How about that?
[58:14.840 --> 58:16.840]  I have to ask for permission
[58:16.840 --> 58:17.840]  So I wrote up a motion
[58:17.840 --> 58:20.840]  But I had to drive three hours to submit that motion
[58:20.840 --> 58:22.840]  That's crazy
[58:22.840 --> 58:24.840]  You can't fax it in either?
[58:24.840 --> 58:27.840]  They'll let me mail it in, but no fax
[58:29.840 --> 58:31.840]  That's annoying
[58:31.840 --> 58:33.840]  Okay, hang on
[58:33.840 --> 58:36.840]  Randy Kelton, Brett Fountain, Wheel of Life Radio
[58:36.840 --> 58:38.840]  Let's see, we've got a full board of callers
[58:38.840 --> 58:40.840]  So I'm not going to give out the call-in number
[58:40.840 --> 58:42.840]  Hang on
[58:42.840 --> 58:44.840]  We'll be right back
[58:44.840 --> 58:47.840]  In about five seconds
[58:47.840 --> 58:49.840]  You could have helped me out there, Brett
[58:49.840 --> 58:53.840]  Would you like to make more definite progress in your walk with God?
[58:53.840 --> 58:56.840]  Bibles for America is offering a free study Bible
[58:56.840 --> 59:00.840]  And a set of free Christian books that can really help
[59:00.840 --> 59:05.840]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today
[59:05.840 --> 59:12.840]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life
[59:12.840 --> 59:17.840]  The free books are a three volume set called Basic Elements of the Christian Life
[59:17.840 --> 59:23.840]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation
[59:23.840 --> 59:27.840]  Growing in Christ and how to build up the Church
[59:27.840 --> 59:33.840]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life
[59:33.840 --> 59:40.840]  Call Bibles for America toll free at 888-551-0102
[59:40.840 --> 59:44.840]  That's 888-551-0102
[59:44.840 --> 59:59.840]  Or visit us online at bfa.org
[59:59.840 --> 01:00:05.840]  The Bill of Rights contains the first ten amendments of our Constitution
[01:00:05.840 --> 01:00:08.840]  They guarantee the specific freedoms Americans should know and protect
[01:00:08.840 --> 01:00:10.840]  Our liberty depends on it
[01:00:10.840 --> 01:00:16.840]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights
[01:00:16.840 --> 01:00:18.840]  Privacy is under attack
[01:00:18.840 --> 01:00:21.840]  When you give up data about yourself you'll never get it back again
[01:00:21.840 --> 01:00:26.840]  And once your privacy is gone you'll find your freedoms will start to vanish too
[01:00:26.840 --> 01:00:31.840]  So protect your rights, say no to surveillance and keep your information to yourself
[01:00:31.840 --> 01:00:34.840]  Privacy, it's worth hanging on to
[01:00:34.840 --> 01:00:37.840]  This public service announcement is brought to you by Startpage.com
[01:00:37.840 --> 01:00:41.840]  The private search engine alternative to Google, Yahoo and Bing
[01:00:41.840 --> 01:00:45.840]  Start over with Startpage
[01:00:45.840 --> 01:00:48.840]  Imagine your mom and dad are getting ready for bed
[01:00:48.840 --> 01:00:51.840]  They pull back the covers and find a third party there
[01:00:51.840 --> 01:00:54.840]  He announces, I'm with the military and I'm sleeping here tonight
[01:00:54.840 --> 01:01:00.840]  That shocking image of a third party in my parents' bed reminds me what the third amendment was designed to prevent
[01:01:00.840 --> 01:01:03.840]  It protects us from being forced to share our homes with soldiers
[01:01:03.840 --> 01:01:06.840]  A common demand in the days of our founding fathers
[01:01:06.840 --> 01:01:08.840]  Third party, third amendment, get it?
[01:01:08.840 --> 01:01:12.840]  So if you answer a knock at your door and guys in fatigues demand lodging
[01:01:12.840 --> 01:01:16.840]  Tell them to dust off their copy of the Bill of Rights and re-read the third amendment
[01:01:16.840 --> 01:01:21.840]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:01:31.840 --> 01:01:34.840]  The Bill of Rights contains the first ten amendments of our Constitution
[01:01:34.840 --> 01:01:38.840]  They guarantee the specific freedoms Americans should know and protect
[01:01:38.840 --> 01:01:40.840]  Our liberty depends on it
[01:01:40.840 --> 01:01:46.840]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights
[01:01:46.840 --> 01:01:48.840]  Privacy is under attack
[01:01:48.840 --> 01:01:51.840]  When you give up data about yourself you'll never get it back again
[01:01:51.840 --> 01:01:56.840]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:01:56.840 --> 01:02:01.840]  So protect your rights, say no to surveillance and keep your information to yourself
[01:02:01.840 --> 01:02:04.840]  Privacy, it's worth hanging on to
[01:02:04.840 --> 01:02:07.840]  This public service announcement is brought to you by Startpage.com
[01:02:07.840 --> 01:02:11.840]  The private search engine alternative to Google, Yahoo and Bing
[01:02:11.840 --> 01:02:14.840]  Start over with Startpage
[01:02:15.840 --> 01:02:21.840]  Imagine four eyes staring at you through binoculars, a magnifying glass or a pair of x-ray goggles
[01:02:21.840 --> 01:02:27.840]  That imagery reminds me that the fourth amendment guarantees Americans freedom from unreasonable search and seizure
[01:02:27.840 --> 01:02:30.840]  Fourth amendment, four eyes staring at you, get it?
[01:02:30.840 --> 01:02:34.840]  Unfortunately the government is trampling our fourth amendment rights in the name of security
[01:02:34.840 --> 01:02:39.840]  Case in point, TSA airport scanners that peer under your clothing
[01:02:39.840 --> 01:02:43.840]  When government employees demand a peep at your privates without probable cause
[01:02:43.840 --> 01:02:46.840]  I say it's time to sound the constitutional alarm bells
[01:02:46.840 --> 01:02:53.840]  Join me in asking our representatives to dust off the Bill of Rights and use their googly eyes to take a gander at the fourth
[01:02:53.840 --> 01:03:00.840]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:03:23.840 --> 01:03:30.840]  I won't pay for the war with my body
[01:03:30.840 --> 01:03:34.840]  Ain't gonna pay for the car with my money
[01:03:34.840 --> 01:03:37.840]  I won't pay for the fun with my body
[01:03:37.840 --> 01:03:41.840]  Their plans wicked and their logic shoddy
[01:03:41.840 --> 01:03:44.840]  Ain't gonna pay for the oil with my body
[01:03:44.840 --> 01:03:47.840]  I won't pay for the boys with my money
[01:03:47.840 --> 01:03:51.840]  Ain't gonna pay for the kids with my body
[01:03:51.840 --> 01:03:55.840]  Their whole agenda smells funny
[01:03:55.840 --> 01:04:01.840]  I wanna fight in a war of my own
[01:04:01.840 --> 01:04:07.840]  That one would be less accidental
[01:04:07.840 --> 01:04:09.840]  Okay, we are back.
[01:04:09.840 --> 01:04:17.840]  Randy Kelton, Brett Fountain, The Blue Radio on this Friday, 2024
[01:04:17.840 --> 01:04:19.840]  Brett lied to me when we were going out
[01:04:19.840 --> 01:04:26.840]  Friday, the fourth day of August, 2023
[01:04:26.840 --> 01:04:30.840]  We're talking to Chris in Colorado
[01:04:30.840 --> 01:04:39.840]  Framing a federal claim that will stick in the federal court
[01:04:39.840 --> 01:04:44.840]  So, you got that sorted out, Chris?
[01:04:44.840 --> 01:04:50.840]  Yeah, I do, but what about the e-filing thing?
[01:04:50.840 --> 01:04:54.840]  Have you heard in other states where they don't allow pro-says?
[01:04:54.840 --> 01:04:57.840]  Like, they're so prejudiced against pro-says in that form
[01:04:57.840 --> 01:04:59.840]  I don't understand that
[01:04:59.840 --> 01:05:04.840]  Well, that was originally you had to ask permission
[01:05:04.840 --> 01:05:08.840]  But then most states have changed that
[01:05:08.840 --> 01:05:13.840]  To where you can just do that and don't have to ask permission anymore
[01:05:13.840 --> 01:05:17.840]  But generally, they always grant permission
[01:05:17.840 --> 01:05:20.840]  Okay, they're still doing it in Wyoming
[01:05:20.840 --> 01:05:24.840]  It's like old, old school there
[01:05:24.840 --> 01:05:28.840]  I don't see any reason why you can't send in a fax
[01:05:28.840 --> 01:05:33.840]  If they want to be old school about it, why wouldn't they let you just use their fax machine?
[01:05:33.840 --> 01:05:38.840]  I had a clerk literally giggle at me and she says, you're pro-say
[01:05:38.840 --> 01:05:41.840]  I said, I'm sorry, I'm pro-say
[01:05:41.840 --> 01:05:43.840]  And she had to backtrack
[01:05:43.840 --> 01:05:46.840]  She was saying that basically we don't have the rights of a regular lawyer
[01:05:46.840 --> 01:05:49.840]  That's what she was trying to say under her breath
[01:05:49.840 --> 01:05:51.840]  Yeah, exactly
[01:05:51.840 --> 01:05:54.840]  And I immediately fire back
[01:05:54.840 --> 01:05:56.840]  I'm like, what does that mean, I'm pro-say
[01:05:56.840 --> 01:05:59.840]  And she's like, well, I can't tell anybody anything
[01:05:59.840 --> 01:06:01.840]  Doesn't matter if you're pro-say, whatever
[01:06:01.840 --> 01:06:03.840]  I said, I'm asking about procedure here, that's all I'm asking
[01:06:03.840 --> 01:06:05.840]  You're not giving legal advice
[01:06:05.840 --> 01:06:08.840]  How do I file this with the court?
[01:06:08.840 --> 01:06:11.840]  And then she got me to some section and I had to read the section
[01:06:11.840 --> 01:06:14.840]  And I finally found it, and sure enough, there it is
[01:06:14.840 --> 01:06:17.840]  It specifically has all the rules for e-filing
[01:06:17.840 --> 01:06:24.840]  And then at the end of that it says, pro-say's are not allowed to file in this manner
[01:06:24.840 --> 01:06:27.840]  So they're really, I mean, I don't know
[01:06:27.840 --> 01:06:30.840]  It sounds like the courts are kind of prejudiced up there towards pro-say's
[01:06:30.840 --> 01:06:34.840]  But Wyoming's kind of an old, good old boy state in many ways
[01:06:34.840 --> 01:06:37.840]  But a little to California for me too
[01:06:37.840 --> 01:06:39.840]  But all right, well, I filed the motion
[01:06:39.840 --> 01:06:42.840]  That's good to hear that they may generally grant it
[01:06:42.840 --> 01:06:45.840]  Hopefully they will, but I was just curious
[01:06:45.840 --> 01:06:52.840]  Yeah, both sides prefer e-filing
[01:06:52.840 --> 01:06:57.840]  The clerks, the courts, and the lawyers all prefer e-filing
[01:06:57.840 --> 01:06:59.840]  It's easier for them
[01:06:59.840 --> 01:07:01.840]  Okay, okay
[01:07:01.840 --> 01:07:03.840]  All right, well, that's all I got
[01:07:03.840 --> 01:07:07.840]  I was just calling in last night for some technicality and help with negligence
[01:07:07.840 --> 01:07:09.840]  But I had to get my lawsuit done and get it in today
[01:07:09.840 --> 01:07:17.840]  So it's in, I'll keep doing some research and then file a...
[01:07:17.840 --> 01:07:25.840]  Well, you can expect a Rule 12 and an opportunity to file an amendment
[01:07:25.840 --> 01:07:28.840]  Even if they rule against you
[01:07:28.840 --> 01:07:33.840]  Then they almost, if you have any kind of claim at all
[01:07:33.840 --> 01:07:35.840]  They're not going to rule against you with prejudice
[01:07:35.840 --> 01:07:39.840]  And they'll tell you what's wrong with your suit and tell you how to fix it
[01:07:39.840 --> 01:07:41.840]  And then you can file an amendment
[01:07:41.840 --> 01:07:43.840]  Right
[01:07:43.840 --> 01:07:45.840]  Well, they're going to have a hard time kicking this one out
[01:07:45.840 --> 01:07:48.840]  I mean, I've got a report as an exhibit that I'll submit
[01:07:48.840 --> 01:07:51.840]  That says, well, this actually is an MTEL violation
[01:07:51.840 --> 01:07:53.840]  They can't kick that one out
[01:07:53.840 --> 01:07:55.840]  Hopefully they won't
[01:07:55.840 --> 01:07:59.840]  But I was a little discouraged because I couldn't find an attorney
[01:07:59.840 --> 01:08:01.840]  But we know the world of attorneys
[01:08:01.840 --> 01:08:06.840]  If it doesn't somehow benefit them to a very large degree
[01:08:06.840 --> 01:08:11.840]  Not saying all lawyers are selfish, but they don't want a piece of it
[01:08:11.840 --> 01:08:15.840]  Well, all lawyers are in business to make money
[01:08:15.840 --> 01:08:17.840]  Right
[01:08:17.840 --> 01:08:20.840]  And if this looks like it will cost them in any way
[01:08:20.840 --> 01:08:24.840]  If it'll annoy the courts, if it'll annoy big clients
[01:08:24.840 --> 01:08:27.840]  They don't want small players
[01:08:27.840 --> 01:08:32.840]  They want big players with deep pockets
[01:08:32.840 --> 01:08:34.840]  Yeah
[01:08:34.840 --> 01:08:36.840]  And I get that, you know, they're lawyers
[01:08:36.840 --> 01:08:39.840]  And they take on a client that'll pay them $10,000
[01:08:39.840 --> 01:08:43.840]  As opposed to one that'll pay them $50,000
[01:08:43.840 --> 01:08:46.840]  You want a big one
[01:08:46.840 --> 01:08:49.840]  Yeah
[01:08:49.840 --> 01:08:51.840]  I understand
[01:08:51.840 --> 01:08:54.840]  Okay, that's all I got
[01:08:54.840 --> 01:08:59.840]  I just wanted to get some insight on making sure I was in
[01:08:59.840 --> 01:09:01.840]  Okay, that's it
[01:09:01.840 --> 01:09:03.840]  Okay, thank you, Chris
[01:09:03.840 --> 01:09:07.840]  Okay, now we're going to David in Kansas
[01:09:07.840 --> 01:09:09.840]  Hello, David
[01:09:09.840 --> 01:09:12.840]  What do you have for us today?
[01:09:12.840 --> 01:09:14.840]  I just wanted to ask a question
[01:09:14.840 --> 01:09:17.840]  You guys gave me some great stuff last week
[01:09:17.840 --> 01:09:22.840]  And Brett said something to me and I just wanted to make sure I'm correct on this
[01:09:22.840 --> 01:09:28.840]  Special limitations starts from the day that action was taken against you
[01:09:28.840 --> 01:09:31.840]  Am I correct in that?
[01:09:31.840 --> 01:09:34.840]  If you knew about it, that's when it starts
[01:09:34.840 --> 01:09:37.840]  If something happened and you didn't know about it
[01:09:37.840 --> 01:09:39.840]  And you found out only later
[01:09:39.840 --> 01:09:44.840]  Then the finding out later or when you should have known about it
[01:09:44.840 --> 01:09:47.840]  Then it can start at that point
[01:09:47.840 --> 01:09:49.840]  Or
[01:09:49.840 --> 01:09:50.840]  Yes
[01:09:50.840 --> 01:09:56.840]  If something occurred that prevented you from acting on it earlier
[01:09:56.840 --> 01:10:01.840]  For instance, in the case that we have
[01:10:01.840 --> 01:10:07.840]  The other plaintiff was cited
[01:10:07.840 --> 01:10:15.840]  Was charged with classy misdemeanor assault
[01:10:15.840 --> 01:10:18.840]  And it was all made up
[01:10:18.840 --> 01:10:24.840]  And the chief of police released a video
[01:10:24.840 --> 01:10:28.840]  A doctored video and a statement to the press
[01:10:28.840 --> 01:10:35.840]  And cost her an election that she was in for school board
[01:10:35.840 --> 01:10:38.840]  And all of this was false
[01:10:38.840 --> 01:10:43.840]  But as long as the prosecution was going on, she couldn't prove it was false
[01:10:43.840 --> 01:10:48.840]  So she couldn't make a claim for liable slander
[01:10:48.840 --> 01:10:51.840]  As long as the case was still going on
[01:10:51.840 --> 01:10:54.840]  But once the case was dismissed
[01:10:54.840 --> 01:10:58.840]  Then that was evidence that the
[01:10:58.840 --> 01:11:04.840]  What the police of the what the chief of police did was liable slander
[01:11:04.840 --> 01:11:08.840]  So that's called equitable tolling
[01:11:08.840 --> 01:11:14.840]  If there is some reason you could not reasonably file the suit sooner
[01:11:14.840 --> 01:11:19.840]  Then you can argue for equitable tolling
[01:11:19.840 --> 01:11:25.840]  Okay
[01:11:25.840 --> 01:11:28.840]  So you guys are kind of familiar with my case
[01:11:28.840 --> 01:11:33.840]  My question is I was not arrested until October 18th
[01:11:33.840 --> 01:11:35.840]  Of 2021
[01:11:35.840 --> 01:11:39.840]  That statutes of limitations is when that started, is that correct?
[01:11:39.840 --> 01:11:41.840]  Because I had no idea or
[01:11:41.840 --> 01:11:47.840]  No, when was the complaint filed against you?
[01:11:47.840 --> 01:11:52.840]  October 28th, 2021
[01:11:52.840 --> 01:11:57.840]  Okay, that's when the clock starts for speedy trial
[01:11:57.840 --> 01:12:01.840]  Okay, wait, I'm sorry, that's not true
[01:12:01.840 --> 01:12:08.840]  When was the complaint, were you arrested at the time the complaint was filed?
[01:12:08.840 --> 01:12:16.840]  No, I was arrested for probable cause of a cop
[01:12:16.840 --> 01:12:21.840]  No, wait, were you arrested at the time of the offense?
[01:12:21.840 --> 01:12:23.840]  No
[01:12:23.840 --> 01:12:28.840]  So someone filed a complaint and you were arrested later?
[01:12:28.840 --> 01:12:31.840]  Three months later, yes
[01:12:31.840 --> 01:12:35.840]  When you were arrested, that's when the clock started
[01:12:35.840 --> 01:12:37.840]  Okay
[01:12:37.840 --> 01:12:44.840]  You have a right to speedy trial and that right does not kick in
[01:12:44.840 --> 01:12:49.840]  Until you have been affected by the
[01:12:49.840 --> 01:12:51.840]  Whatever the claim was
[01:12:51.840 --> 01:13:00.840]  Now, their clock for when they can file the claim starts running at the time the offense occurred
[01:13:00.840 --> 01:13:11.840]  But their speedy trial clock, that starts the first time you have been harmed or affected by the charge
[01:13:11.840 --> 01:13:22.840]  The first time you appear in court or if you're arrested, that's when the clock starts for speedy trial purposes
[01:13:22.840 --> 01:13:23.840]  Okay
[01:13:23.840 --> 01:13:24.840]  That makes sense
[01:13:24.840 --> 01:13:26.840]  Yes, totally makes sense
[01:13:26.840 --> 01:13:32.840]  But you don't remember when you read my complaint, you said I did something incorrect
[01:13:32.840 --> 01:13:33.840]  You don't remember what that was?
[01:13:33.840 --> 01:13:34.840]  I did
[01:13:34.840 --> 01:13:36.840]  I can respond to you
[01:13:36.840 --> 01:13:38.840]  No, I don't recall, sorry
[01:13:38.840 --> 01:13:41.840]  Okay, no problems, that's all I wanted to do
[01:13:41.840 --> 01:13:44.840]  I appreciate you guys talking about the Young Doctrine again
[01:13:44.840 --> 01:13:46.840]  That helps me out a lot more as well
[01:13:46.840 --> 01:13:51.840]  I thank you and you'll probably hear from me next week, I'll have another question for you
[01:13:51.840 --> 01:13:53.840]  Okay, good
[01:13:53.840 --> 01:13:56.840]  Okay
[01:13:56.840 --> 01:14:00.840]  Do you have some space on the board? Do you want to give out the number?
[01:14:00.840 --> 01:14:08.840]  Yeah, we'll have, we've got two slots on the board, so if you have a question or comment, give us a call, our call in number
[01:14:08.840 --> 01:14:12.840]  512-646-1984
[01:14:12.840 --> 01:14:17.840]  And we're going to Ann in New York
[01:14:17.840 --> 01:14:25.840]  Hello Ann, what do you have for us today?
[01:14:25.840 --> 01:14:29.840]  Well
[01:14:29.840 --> 01:14:36.840]  Ann, we can't hear you
[01:14:36.840 --> 01:14:42.840]  I guess it might be Scott, sometimes we've had Ann or Scott calling on this number
[01:14:42.840 --> 01:14:49.840]  Well, either it's Ann or Scott, or it might be Scott in drag
[01:14:49.840 --> 01:14:52.840]  Pretending to be Ann
[01:14:52.840 --> 01:14:57.840]  You know, we don't know about these people in New York, you know how they are
[01:14:57.840 --> 01:15:01.840]  Now we're going to have John calling to beat us up
[01:15:01.840 --> 01:15:10.840]  Okay, we are not getting a response from Ann or Scott, we have them listed on our board as Ann or Scott because they both call in on this same number
[01:15:10.840 --> 01:15:15.840]  Okay, we're going to Mike in Tennessee
[01:15:15.840 --> 01:15:19.840]  Hello Mike, what do you have for us today?
[01:15:19.840 --> 01:15:23.840]  How y'all doing there?
[01:15:23.840 --> 01:15:34.840]  Doing alright for an old fat guy, I can't speak for Brett
[01:15:34.840 --> 01:15:41.840]  Okay, well, I feel like I've ruffled y'all feathers a couple of weeks ago
[01:15:41.840 --> 01:15:44.840]  about the
[01:15:44.840 --> 01:15:54.840]  lolio title, but we don't have to get into that. What I wanted to elaborate on, if you could
[01:15:54.840 --> 01:16:01.840]  that citation, the Young Doctrine, about how to pursue
[01:16:01.840 --> 01:16:11.840]  criminal enterprise, which would be a municipal court acting under a RICO. Could you elaborate on that?
[01:16:11.840 --> 01:16:20.840]  Well, I am planning on suing a municipal court for just exactly that
[01:16:20.840 --> 01:16:29.840]  It doesn't really have to do directly with the traffic issue, although I'm in there on a traffic issue
[01:16:29.840 --> 01:16:33.840]  I set them up for a RICO charge
[01:16:33.840 --> 01:16:41.840]  The way you do that is you go in and ask the judge to arrest his clerk
[01:16:41.840 --> 01:16:43.840]  That was so much fun
[01:16:43.840 --> 01:16:49.840]  And there's a good chance he won't take criminal action against his clerk
[01:16:49.840 --> 01:16:56.840]  And that denies you due process, that gets you in the federal court. Hang on, Randy Kelton, Brett Fountain, Rule of Law Radio
[01:16:56.840 --> 01:17:03.840]  We'll be right back
[01:17:27.840 --> 01:17:33.840]  How to turn the financial tables on them and make them pay you to go away
[01:17:33.840 --> 01:17:38.840]  The Michael Mears proven method is the solution for how to stop debt collectors
[01:17:38.840 --> 01:17:40.840]  Personal consultation is available as well
[01:17:40.840 --> 01:17:46.840]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:17:46.840 --> 01:17:56.840]  Or email MichaelMears at yahoo.com
[01:17:56.840 --> 01:17:59.840]  To learn how to stop debt collectors now
[01:17:59.840 --> 01:18:04.840]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends
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[01:18:19.840 --> 01:18:21.840]  How can I help logos?
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[01:18:54.840 --> 01:18:56.840]  Thank you so much
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[01:18:57.840 --> 01:19:12.840]  Happy Holidays, Logos
[01:19:27.840 --> 01:19:29.840]  Happy Holidays
[01:19:29.840 --> 01:19:31.840]  Happy Holidays
[01:19:31.840 --> 01:19:33.840]  Happy Holidays
[01:20:01.840 --> 01:20:06.840]  About the Young Doctrine
[01:20:06.840 --> 01:20:09.840]  Oh, man, that is great
[01:20:09.840 --> 01:20:17.840]  It is so absolutely concrete
[01:20:17.840 --> 01:20:28.840]  It absolutely says, and it goes specifically and directly to state officials violating federal laws
[01:20:28.840 --> 01:20:44.840]  And what's valuable about it when you file a action in the Fed is it pretty well gets you through a 12b6 hearing
[01:20:44.840 --> 01:20:51.840]  In mine, I had one write 20 pages, another 18 and 15 pages
[01:20:51.840 --> 01:20:55.840]  And I didn't respond to any of that stuff
[01:20:55.840 --> 01:20:59.840]  Because none of it meant anything
[01:20:59.840 --> 01:21:02.840]  Oh, we have absolute immunity, we're judges
[01:21:02.840 --> 01:21:09.840]  If we don't have absolute immunity, we have qualified immunity under the Texas Tort Claims Act
[01:21:09.840 --> 01:21:11.840]  Blah, blah, blah, blah
[01:21:11.840 --> 01:21:15.840]  Yeah, oh, it's just an act of God, nothing can be done about it
[01:21:15.840 --> 01:21:18.840]  And I didn't even respond to all that stuff
[01:21:18.840 --> 01:21:21.840]  I just put in Young Doctrine
[01:21:21.840 --> 01:21:26.840]  And I have some more cases that
[01:21:26.840 --> 01:21:33.840]  When I ran the Young Doctrine on case text
[01:21:33.840 --> 01:21:43.840]  It hit I think 4,400 or 4,900 cases that referenced Young Doctrine
[01:21:43.840 --> 01:21:47.840]  So even though it's a 1908 case
[01:21:47.840 --> 01:22:00.840]  Because I do, there's one guy on the Telegram channel that I chastised for only citing cases from 16, 17, 1800s
[01:22:00.840 --> 01:22:05.840]  You can't cite that old case law
[01:22:05.840 --> 01:22:15.840]  If you want to use that case law, you need to find a later case that follows that case
[01:22:15.840 --> 01:22:20.840]  So I ran Young since it was a 1908 case, it's 100 years old
[01:22:20.840 --> 01:22:28.840]  And they say that it's kind of a rule of thumb, all the law turns over about every 20 years
[01:22:28.840 --> 01:22:33.840]  So I ran Young and I found some later cases
[01:22:33.840 --> 01:22:40.840]  I think the latest one's a 2011 case that cites Young
[01:22:40.840 --> 01:22:51.840]  And so instead of citing Young directly, you cite this case where it quotes from Young
[01:22:51.840 --> 01:23:00.840]  And then you can go into Young and like I got a small quote out of Ayers v. State
[01:23:00.840 --> 01:23:06.840]  And from Ayers v. State I went into this quotation they used
[01:23:06.840 --> 01:23:14.840]  And instead of the two sentences they used, I copied in the whole paragraph out of Young
[01:23:14.840 --> 01:23:18.840]  That those two sentences were in the middle of
[01:23:18.840 --> 01:23:24.840]  That way it tells the judge that this is still good law
[01:23:24.840 --> 01:23:28.840]  That's just kind of a matter of practice
[01:23:28.840 --> 01:23:36.840]  Ayers v. State? A-Y-E-R-S
[01:23:36.840 --> 01:23:42.840]  That's 123, yeah, 123, U.S. 443
[01:23:42.840 --> 01:23:49.840]  U.S. 443, Ayers 123, U.S. 443
[01:23:49.840 --> 01:23:50.840]  Yes
[01:23:50.840 --> 01:23:52.840]  Well this is how you do it
[01:23:52.840 --> 01:23:57.840]  I use case text, I really like case text because it has a lot of cool stuff
[01:23:57.840 --> 01:24:03.840]  When you get the other side citing case law
[01:24:03.840 --> 01:24:09.840]  You take a phrase out of whatever they're citing
[01:24:09.840 --> 01:24:11.840]  And you look up that case
[01:24:11.840 --> 01:24:17.840]  I generally will put in the case name, I'll put case text and then the case name
[01:24:17.840 --> 01:24:22.840]  And he'll give it to me in case text because case text is really well organized
[01:24:22.840 --> 01:24:27.840]  And then I'll take that phrase, I'll hit control F and it brings up the find function
[01:24:27.840 --> 01:24:30.840]  Drop that phrase in there
[01:24:30.840 --> 01:24:35.840]  And then go down until I find the phrase inside the quotation they referenced
[01:24:35.840 --> 01:24:38.840]  Then I'll read before it and after it
[01:24:38.840 --> 01:24:42.840]  You don't have to read the whole case
[01:24:42.840 --> 01:24:51.840]  You just, unless when you read their quotation and it doesn't seem to make sense
[01:24:51.840 --> 01:24:56.840]  You want to back up from it and look and see what that case is about
[01:24:56.840 --> 01:25:01.840]  Because I catch them all the time citing really bad law
[01:25:01.840 --> 01:25:04.840]  Citing pieces
[01:25:04.840 --> 01:25:09.840]  In one of my responses that I wound up not giving to them
[01:25:09.840 --> 01:25:15.840]  I was arguing their case law and they cited two sentences
[01:25:15.840 --> 01:25:20.840]  And I commented to the court that they cited these two sentences
[01:25:20.840 --> 01:25:23.840]  Because they seemed to fit what they needed
[01:25:23.840 --> 01:25:27.840]  What they failed to do was cite the whole paragraph
[01:25:27.840 --> 01:25:31.840]  So I cited the whole paragraph, dropped it in there
[01:25:31.840 --> 01:25:35.840]  It ripped them to shreds
[01:25:35.840 --> 01:25:39.840]  This was a contingency
[01:25:39.840 --> 01:25:45.840]  And the only use when all this other stuff wasn't available
[01:25:45.840 --> 01:25:50.840]  So they were clearly misusing the case law
[01:25:50.840 --> 01:25:56.840]  These are lawyers who look things up on Westlaw or Lexis
[01:25:56.840 --> 01:26:01.840]  And when you bring a case up in Westlaw or Lexis, they have head notes
[01:26:01.840 --> 01:26:07.840]  Because generally a case has a number of different issues in it
[01:26:07.840 --> 01:26:15.840]  And in the head notes, they'll list the issues and give you a paragraph or so about each of the issues
[01:26:15.840 --> 01:26:18.840]  Be careful with those head notes
[01:26:18.840 --> 01:26:24.840]  Ben Drum was fighting an IRS lien
[01:26:24.840 --> 01:26:36.840]  And he called us and he was concerned because the IRS lawyers came in with some case law that really looked devastating to him
[01:26:36.840 --> 01:26:41.840]  And we told him, read the cases
[01:26:41.840 --> 01:26:45.840]  A week later, he calls us back giggling and laughing
[01:26:45.840 --> 01:26:49.840]  Both of them, they read the head note
[01:26:49.840 --> 01:26:51.840]  But they didn't read the whole head note
[01:26:51.840 --> 01:26:55.840]  They read the part that seemed to fit what they needed
[01:26:55.840 --> 01:26:59.840]  But they didn't read on down to where they said this is what they used to say
[01:26:59.840 --> 01:27:04.840]  But in this case, they reversed that and they're doing this other
[01:27:04.840 --> 01:27:07.840]  So it actually meant the opposite of what they were saying
[01:27:07.840 --> 01:27:11.840]  And he used that in his response
[01:27:11.840 --> 01:27:19.840]  And the judge was absolutely livid at these IRS attorneys
[01:27:19.840 --> 01:27:28.840]  For lying to the judge by using bad case law and removed the IRS lien
[01:27:28.840 --> 01:27:31.840]  That almost never happens
[01:27:31.840 --> 01:27:34.840]  Another judge wound up putting it back
[01:27:34.840 --> 01:27:39.840]  But the judge was so furious at these lawyers for giving them bad case law
[01:27:39.840 --> 01:27:48.840]  So I did this so that I wouldn't be giving bad case law
[01:27:48.840 --> 01:27:56.840]  I cited bad case law in a bail bond board hearing once
[01:27:56.840 --> 01:28:02.840]  And the prosecuting attorney, he was there representing the county
[01:28:02.840 --> 01:28:05.840]  He crammed that right down my throat
[01:28:05.840 --> 01:28:08.840]  Cited how that had been overturned
[01:28:08.840 --> 01:28:11.840]  And I was really embarrassed
[01:28:11.840 --> 01:28:15.840]  Because this guy was not the sharpest knife in the drawer
[01:28:15.840 --> 01:28:18.840]  And he hammered me good
[01:28:18.840 --> 01:28:21.840]  And I said, that's not going to happen to me again
[01:28:21.840 --> 01:28:24.840]  So now I go in and read the case law
[01:28:24.840 --> 01:28:28.840]  I don't read the whole thing, but I read enough of the opinion
[01:28:28.840 --> 01:28:32.840]  That I know what the judge is talking about
[01:28:32.840 --> 01:28:39.840]  And also cited in my pleadings and quoted in my pleadings
[01:28:39.840 --> 01:28:42.840]  I don't use footnotes
[01:28:42.840 --> 01:28:46.840]  Footnotes are a really bad idea
[01:28:46.840 --> 01:28:50.840]  They may have been good when we had to use typewriters
[01:28:50.840 --> 01:28:53.840]  Because we couldn't manipulate our text
[01:28:53.840 --> 01:28:59.840]  But any time there's a footnote, it stops your mental flow
[01:28:59.840 --> 01:29:01.840]  See footnote one
[01:29:01.840 --> 01:29:03.840]  So now you have to drop out of what you're reading
[01:29:03.840 --> 01:29:07.840]  Go down to the bottom of the page and it will cite a case
[01:29:07.840 --> 01:29:11.840]  Then you got to go find that case and figure out where this is at in the case
[01:29:11.840 --> 01:29:16.840]  But then you've completely lost the flow of the document
[01:29:16.840 --> 01:29:21.840]  So instead of saying see whatever, I copy it right there
[01:29:21.840 --> 01:29:25.840]  I shrink both sides half an inch
[01:29:25.840 --> 01:29:29.840]  Set it to single space and shrink the font by two points
[01:29:29.840 --> 01:29:32.840]  And set it to italics
[01:29:32.840 --> 01:29:34.840]  So visually it stands out on the page
[01:29:34.840 --> 01:29:37.840]  And that's actually in the rules
[01:29:37.840 --> 01:29:41.840]  At least in Texas state rules, it's in the rules to do that
[01:29:41.840 --> 01:29:46.840]  Because it makes it visually stand out from the document
[01:29:46.840 --> 01:29:49.840]  And I like to put a lot of citations in there
[01:29:49.840 --> 01:29:52.840]  Because it makes the document look like a map
[01:29:52.840 --> 01:29:56.840]  You can stay visually oriented in the document
[01:29:56.840 --> 01:29:58.840]  Hang on, we'll be right back
[01:30:00.840 --> 01:30:04.840]  Sorry soft drink lovers, even diet drinks can make you fat
[01:30:04.840 --> 01:30:08.840]  A new study shows that diet soda drinkers gain much more weight
[01:30:08.840 --> 01:30:10.840]  Than people who avoid the stuff
[01:30:10.840 --> 01:30:11.840]  I'm Dr. Catherine Albrecht
[01:30:11.840 --> 01:30:15.840]  I'll be back in a moment with a scoop on supposedly skinny sodas
[01:30:15.840 --> 01:30:17.840]  Privacy is under attack
[01:30:17.840 --> 01:30:21.840]  When you give up data about yourself, you'll never get it back again
[01:30:21.840 --> 01:30:26.840]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:30:26.840 --> 01:30:31.840]  So protect your rights, say no to surveillance and keep your information to yourself
[01:30:31.840 --> 01:30:33.840]  Privacy, it's worth hanging on to
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[01:30:44.840 --> 01:30:48.840]  Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:48.840 --> 01:30:49.840]  Wrong
[01:30:49.840 --> 01:30:54.840]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade
[01:30:54.840 --> 01:31:01.840]  They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all
[01:31:01.840 --> 01:31:05.840]  The study's authors say artificial sweeteners trigger the appetite
[01:31:05.840 --> 01:31:08.840]  But unlike regular sugars, don't deliver anything to squelch it
[01:31:08.840 --> 01:31:15.840]  Waking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake
[01:31:15.840 --> 01:31:18.840]  So use natural sweeteners to maintain a healthy weight
[01:31:18.840 --> 01:31:23.840]  And if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead
[01:31:23.840 --> 01:31:29.840]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com
[01:31:29.840 --> 01:31:35.840]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11
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[01:33:23.840 --> 01:33:45.840]  Okay, we are back, Randy Kelton, Brett Felton, Rule of Law Radio
[01:33:45.840 --> 01:33:53.840]  Mike, I wasn't ignoring you there, but you brought up a good topic that sometimes I like to go through this stuff
[01:33:53.840 --> 01:33:58.840]  I really wasn't so much talking to you as talking to everybody else
[01:33:58.840 --> 01:34:02.840]  It's a good point about legal research
[01:34:02.840 --> 01:34:07.840]  Most people, when they think of legal research, it's kind of intimidating, they think it's really difficult
[01:34:07.840 --> 01:34:10.840]  It's not near so difficult
[01:34:10.840 --> 01:34:19.840]  If you go in a legal library and you see all these stacks and stacks of books and it looks incredibly intimidating
[01:34:19.840 --> 01:34:21.840]  But we don't do that
[01:34:21.840 --> 01:34:27.840]  Mike, you drive a truck and you know what it's like when you have a problem with the engine
[01:34:27.840 --> 01:34:36.840]  You go out there and you open the hood and you got all these lines and pipes and wires and stuff everywhere
[01:34:36.840 --> 01:34:41.840]  No mechanic opens the hood and looks in there
[01:34:41.840 --> 01:34:43.840]  Forget that noise
[01:34:43.840 --> 01:34:48.840]  If you come to me with a problem with your car, I don't want to see that thing, just keep the hood closed
[01:34:48.840 --> 01:34:51.840]  Tell me what it's doing
[01:34:51.840 --> 01:34:56.840]  So when I open the hood, I look at one specific thing
[01:34:56.840 --> 01:34:59.840]  If it's not charging, I look at the alternator
[01:34:59.840 --> 01:35:06.840]  I don't look at the power steering pump, the air conditioning compressor, the water pump, all this other garbage is all over the place
[01:35:06.840 --> 01:35:09.840]  All that will do is give you a headache
[01:35:09.840 --> 01:35:12.840]  Same thing with legal research
[01:35:12.840 --> 01:35:16.840]  You go in there laser focused
[01:35:16.840 --> 01:35:19.840]  And it's always best
[01:35:19.840 --> 01:35:23.840]  I always want the other guys pleading
[01:35:23.840 --> 01:35:26.840]  I want his response
[01:35:26.840 --> 01:35:31.840]  Because these lawyers do the research for me
[01:35:31.840 --> 01:35:36.840]  Any case law they give that rebuts my position
[01:35:36.840 --> 01:35:44.840]  Anytime when the judges render rulings, they don't render them in a vacuum
[01:35:44.840 --> 01:35:54.840]  They will reference cases that tend to support your position and tend to rebut your position
[01:35:54.840 --> 01:35:58.840]  Here we said this and over here we said this
[01:35:58.840 --> 01:36:04.840]  And you can take a case if it's on or near a point
[01:36:04.840 --> 01:36:09.840]  And look at the cases it cites and find other cases on point
[01:36:09.840 --> 01:36:16.840]  The hardest thing in legal research is to find that first case that's directly on point
[01:36:16.840 --> 01:36:20.840]  Once you've found the first one, you read through it and he'll give you others
[01:36:20.840 --> 01:36:25.840]  You look at those and those will give you others and before you know it you've got everything you need
[01:36:25.840 --> 01:36:28.840]  So it's not as hard as it seems
[01:36:28.840 --> 01:36:34.840]  The hardest part of legal research is critical thinking
[01:36:34.840 --> 01:36:38.840]  I talk about playing chess
[01:36:38.840 --> 01:36:43.840]  Anybody here who plays chess, try starting a game of chess with someone
[01:36:43.840 --> 01:36:46.840]  Play six moves in
[01:36:46.840 --> 01:36:51.840]  Then turn the chess board around and play the opposite side
[01:36:51.840 --> 01:36:58.840]  You will be amazed at how different the board looks from the other side
[01:36:58.840 --> 01:37:04.840]  We're sitting here looking at the board and trying to imagine both sides at once
[01:37:04.840 --> 01:37:07.840]  But we're not that good at it
[01:37:07.840 --> 01:37:10.840]  If you're a chess master, maybe
[01:37:10.840 --> 01:37:14.840]  But play six in and then turn that board around and look at it
[01:37:14.840 --> 01:37:16.840]  You'll be amazed at how different it looks
[01:37:16.840 --> 01:37:23.840]  So when you're doing legal research, you need to read their pleadings
[01:37:23.840 --> 01:37:29.840]  If a lawyer's taking you on, he's going to give you the stuff you need to fight your case
[01:37:29.840 --> 01:37:37.840]  Chris was talking about filing in the federal court and I told him I like to file in the federal court
[01:37:37.840 --> 01:37:45.840]  Because when an order is issued in a federal court, it has two parts
[01:37:45.840 --> 01:37:52.840]  It has the order that the judge states and then it has a judgment
[01:37:52.840 --> 01:37:59.840]  And the judgment is effectively findings of fact and conclusions of law
[01:37:59.840 --> 01:38:03.840]  But with the Fed, it's even more than that
[01:38:03.840 --> 01:38:08.840]  They will tell you this is what's wrong with your case
[01:38:08.840 --> 01:38:13.840]  And this is what you have to do to fix it or with your arguments
[01:38:13.840 --> 01:38:15.840]  This is what you have to do to fix it
[01:38:15.840 --> 01:38:18.840]  Then they'll go to the other side and do the same thing
[01:38:18.840 --> 01:38:23.840]  So they're not giving you any special treatment
[01:38:23.840 --> 01:38:28.840]  They'll tell the other side the same thing because they want the best law from both sides
[01:38:28.840 --> 01:38:34.840]  So that they can find the best just adjudication
[01:38:34.840 --> 01:38:37.840]  Okay, that's the idea, that's how it's supposed to be done
[01:38:37.840 --> 01:38:44.840]  Sometimes they're not quite so balanced as we'd like them to be
[01:38:44.840 --> 01:38:50.840]  But when you file the case, the judge will pretty well tell you what's wrong with it
[01:38:50.840 --> 01:38:52.840]  Tell you how to fix it
[01:38:52.840 --> 01:38:57.840]  And the other side will give you the case law you need
[01:38:57.840 --> 01:39:02.840]  Mike, have you done much case law research?
[01:39:02.840 --> 01:39:10.840]  Under a RICO, there has to be two or more predicate acts, right, to prove criminal enterprise?
[01:39:10.840 --> 01:39:12.840]  Yes
[01:39:12.840 --> 01:39:21.840]  And if it's out of the state of Texas, it would be Title 18, 90 States Code, Section 1961
[01:39:21.840 --> 01:39:27.840]  I think Texas has their own RICO statute, I think it's Chapter 71, is that correct?
[01:39:27.840 --> 01:39:30.840]  Yes, that's correct
[01:39:30.840 --> 01:39:40.840]  But I don't want to sue under Texas's, Texas is called the street gang statute
[01:39:40.840 --> 01:39:47.840]  I want to sue in the Fed, if I'm suing state officials, I want to sue them in the Fed
[01:39:47.840 --> 01:39:55.840]  If I sue in the state, everybody in the state's got their snouts in the same trough
[01:39:55.840 --> 01:40:02.840]  If I sue in the Fed, everybody in the Fed's got their snouts in the same trough
[01:40:02.840 --> 01:40:08.840]  But their trough is not the state trough, they got their own trough
[01:40:08.840 --> 01:40:16.840]  So I'm not suing federal officials in the Fed, I'm suing state officials in the Fed
[01:40:16.840 --> 01:40:22.840]  And there generally is not a lot of love lost between the state and the Fed's
[01:40:22.840 --> 01:40:26.840]  So you have somewhat of an advantage
[01:40:26.840 --> 01:40:37.840]  And suing in the state, in the Fed, they are far more professional than what you'll find in the state
[01:40:37.840 --> 01:40:50.840]  Especially if your only experience with courts is with the municipal courts, you will get a skewed view of how the courts really work
[01:40:50.840 --> 01:40:57.840]  The municipal courts are absolutely the most horrendous courts you could ever get into
[01:40:57.840 --> 01:41:01.840]  They do everything wrong
[01:41:01.840 --> 01:41:08.840]  They are rude, they are disrespectful, they are as bad as they can possibly be because they want to force you to take a deal
[01:41:08.840 --> 01:41:16.840]  You get up into the higher courts and it's a whole different ballgame, especially when you are the plaintiff
[01:41:16.840 --> 01:41:28.840]  So when you're dealing with these guys, look for things they do that will give you a claim you can make against them
[01:41:28.840 --> 01:41:35.840]  We go into court and they're threatening our finances and they're threatening our liberty
[01:41:35.840 --> 01:41:39.840]  And it's incredibly stressful for us
[01:41:39.840 --> 01:41:51.840]  Well, I just went into court and I'm threatening all the highest judges in Texas to get their best vote
[01:41:51.840 --> 01:41:57.840]  I can tell you this is a whole lot more fun
[01:41:57.840 --> 01:42:02.840]  I'm not stressed out at all
[01:42:02.840 --> 01:42:06.840]  And be careful how you make your claim
[01:42:06.840 --> 01:42:18.840]  I hear what you're saying, but you've got to be mindful of that because they can target you
[01:42:18.840 --> 01:42:20.840]  It seems like you're doing a pretty good job
[01:42:20.840 --> 01:42:27.840]  I read some of your pleadings and it looks like you got them on the dime as you, Randy, would say
[01:42:27.840 --> 01:42:32.840]  I got them on the dime
[01:42:32.840 --> 01:42:39.840]  I went into the district attorney's office one day and I was personal friends with the district attorney
[01:42:39.840 --> 01:42:41.840]  He's now the county judge
[01:42:41.840 --> 01:42:44.840]  I went into his office and I was holding the dime
[01:42:44.840 --> 01:42:52.840]  And he looked up at that and he said, Mr. Kelton, I'm sure you're going to tell me what that is
[01:42:52.840 --> 01:43:00.840]  I reached over and I set it down on his desk and I said, well, I was going to put you on one
[01:43:00.840 --> 01:43:05.840]  The least I could do was bring it
[01:43:05.840 --> 01:43:20.840]  So yeah, if they're dragging you into court, spend your time looking for things for which you can make claims against them about
[01:43:20.840 --> 01:43:33.840]  And the thing you want to look for is where they are required to do a thing over which they have no discretion
[01:43:33.840 --> 01:43:39.840]  For instance, holding a preliminary hearing
[01:43:39.840 --> 01:43:46.840]  Now they have discretion of what they do in the preliminary hearing and the decisions and rulings they make
[01:43:46.840 --> 01:43:51.840]  But whether or not they have one is not within their discretion
[01:43:51.840 --> 01:43:55.840]  So if they don't grant you one, now you've got to claim against them
[01:43:55.840 --> 01:43:59.840]  Hang on, we'll be right back
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[01:47:21.840 --> 01:47:26.840]  What do you have for us? I kind of took things over there
[01:47:26.840 --> 01:47:51.840]  Well, I'll just point you to hit upon the RICO prosecution, how you get around the state actors and the city attorney who represents them claiming the 11th Amendment qualified immunity, which you said the young doctor in
[01:47:51.840 --> 01:48:05.840]  that citation, ex parte 209 US 123 1908, will defeat that assertion by the state actors and their city attorney
[01:48:05.840 --> 01:48:16.840]  But what if it's a municipal judge that I also read under that doctrine that he can also be sued in his individual capacity?
[01:48:16.840 --> 01:48:29.840]  Right, if the judge denies you in a preliminary hearing, then he denies you in a constitutional right
[01:48:29.840 --> 01:48:41.840]  and in doing so violates law relating to his office. Official misconduct is a crime in every state, and it's also a crime in the Fed
[01:48:41.840 --> 01:49:03.840]  18 US Code 242. If he exerts a proportion to exert an authority he does not have or fails to perform a duty he is required to perform and the judge is required to hold a preliminary hearing or provide you with a preliminary hearing
[01:49:03.840 --> 01:49:19.840]  If they don't do that, then they violated the constitutional right and when they hold that preliminary hearing under rule 5.1 federal rules of procedure, I'm sorry, federal rules of criminal procedure
[01:49:19.840 --> 01:49:40.840]  it tells him all of the stuff he's supposed to do in that preliminary hearing. If they don't do that, then you sue the judge for violating a law relating to his office or violating a federal constitutional right that you have
[01:49:40.840 --> 01:49:58.840]  and for that, even the judge has no jurisdiction. And what you want to do, that's what the law says, but at the end of the day it's not really just about the law, it's about the politics
[01:49:58.840 --> 01:50:20.840]  Now, they're going to want to rule against you out of hand at every turn. So here's where we play a little poker. When you write your complaint, write your complaint for an appellate court
[01:50:20.840 --> 01:50:40.840]  you don't have to use case law in your complaint. Ashcroft v. Ickball says you have to clearly state your claim, but you don't have to adjudicate your claim in your pleading
[01:50:40.840 --> 01:51:01.840]  I'm going to say adjudicate the claim. Put all that stuff in there. Here's the deal. Before you file suit, you got all the time you want. The suit I just filed, I've spent probably 15 years
[01:51:01.840 --> 01:51:16.840]  getting that suit put together. Researching all the laws, seeing how they all fit together, digging up all the case law. If you've been listening to my show for the last 15 years, you've been hearing me talk about this the whole time
[01:51:16.840 --> 01:51:32.840]  It's taken me this long to get it all put together, but I got plenty of time. When you file that suit, they have until the Monday after the 20th day to have a response filed, but they're not going to worry about that
[01:51:32.840 --> 01:51:52.840]  because now they're going to file a Rule 12b6 motion to dismiss for failure to state a claim. So when you write your suit, write it first to defeat a Rule 12 motion.
[01:51:52.840 --> 01:52:14.840]  And a Rule 12 motion says that the judge must consider all of the facts that you presented as if they were true. Now, he doesn't have to do that generally in the case, but for the purpose of this particular hearing, the court must accept all of your
[01:52:14.840 --> 01:52:36.840]  statements of fact as true. And then when he applies the law to the facts, there must be sufficient facts as it relates to law so that if all your facts are true, you would have a claim against the defendant.
[01:52:36.840 --> 01:52:58.840]  That's all there is in a Rule 12. In this case, all of these lawyers argued like crazy about state immunity, qualified immunity, absolute immunity, Texas State Tort Claims Act, blah, blah, blah.
[01:52:58.840 --> 01:53:17.840]  None of that meant anything. The reason they didn't argue the federal law is because when I wrote the complaint, I wrote the complaint in such a way that if you took all my facts as true,
[01:53:17.840 --> 01:53:34.840]  I would have a dead-bang claim of criminal conspiracy. Now, that doesn't mean I can prove it up at trial, but I don't have to prove it up in a Rule 12.
[01:53:34.840 --> 01:53:54.840]  I just have to make sure I have enough facts alleged that would give me a claim. And I did that. These are the highest judges in Texas. The attorney general wrote most of the responses for all of these officers.
[01:53:54.840 --> 01:54:08.840]  And it was trash. They had no way to get around it. It's because I had plenty of time beforehand to put all the law and facts in there I needed to.
[01:54:08.840 --> 01:54:31.840]  So they have to have that Rule 12 in before the 21 days, Monday after the 20th day. Best if you can get them served on a Monday, because the 20th day, if you get them served on Monday, the 20th day will be on a Sunday.
[01:54:31.840 --> 01:54:48.840]  That gives them exactly 20 days or 21 days, the Monday after it be the 21st day. So you spend 10 years building the suit, they got 20 days to get a response in.
[01:54:48.840 --> 01:55:04.840]  So they take my 150 page suit and they got 21 days to get something written and get it in the court. And it didn't do a good job.
[01:55:04.840 --> 01:55:21.840]  So as the plaintiff, you have all the advantages. So if you're in a trial court, if you're being prosecuted, spend your time looking for how you can take a shot at them.
[01:55:21.840 --> 01:55:39.840]  What did they do wrong? Go ahead. In these municipal courts in the state of Texas, they're running a racketeering influenced criminal organization from what I've seen.
[01:55:39.840 --> 01:55:54.840]  And like Eddie Craig was saying on his June 5th show, when you on as a guest, I knew this all along, but he's just mentioning on June 5th, but I knew this beforehand.
[01:55:54.840 --> 01:56:09.840]  That I knew the municipal courts did not have subject matter jurisdiction over class C misdemeanor cases involving traffic. In the state of Texas, all traffic cases are considered class C misdemeanors.
[01:56:09.840 --> 01:56:25.840]  And municipal courts are perpetrating a fraud as if they have subject matter jurisdiction. And they'll send you these notices, pay up or plead guilty or plead not guilty or ask for a trial.
[01:56:25.840 --> 01:56:40.840]  So like Eddie said, there's no way in hell that a municipal court can be hearing these class C misdemeanor traffic cases. And they have no authority anyway to conduct a trial, a jury trial.
[01:56:40.840 --> 01:57:09.840]  A jury trial, that's a fraud, that's evidence of their purported fraud and RICO. So what I was looking at, the RICO, also the two predicated or more acts, how is that that RICO also gives them no protection of immunity when they commit two or more predicated acts?
[01:57:09.840 --> 01:57:24.840]  Well, those two or more predicate acts have to have the effect of violating some federal law or some federal constitutional prohibition.
[01:57:24.840 --> 01:57:39.840]  I like to use prohibition in the place of rights, because technically the Constitution grants you no rights. Technically, the Constitution does not speak to you at all.
[01:57:39.840 --> 01:57:58.840]  The Constitution speaks to public officials and commands them to do certain things. And if a public official fails to do what the Constitution commands him to do and in the process harms you, it gives you a claim against him.
[01:57:58.840 --> 01:58:10.840]  And I like to speak this way about the Constitution because, you know, I have a lot of these patriot guys saying it's all a contract. And they're right, it is.
[01:58:10.840 --> 01:58:29.840]  The Constitution is a contract. When they swore on their oath, they swore they would protect the Constitution and uphold the laws. Those are contractual covenants. They breach those, they breach the contract.
[01:58:29.840 --> 01:58:49.840]  And essentially when you sue them in the federal court, you're suing them for breach of contract. Hang on. Randy Kelton, Brett Fountain, Rule of Law Radio, got one slot on the board, call in number 512-646-1984. We'll be right back.
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