ROL_2023-08-04_16k_Hr3-4.timecode

[00:00.000 --> 00:05.760]  The Bill of Rights contains the first 10 amendments of our Constitution.
[00:05.760 --> 00:09.440]  They guarantee the specific freedoms Americans should know and protect.
[00:09.440 --> 00:10.920]  Our liberty depends on it.
[00:10.920 --> 00:14.840]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.840 --> 00:16.940]  your First Amendment rights.
[00:16.940 --> 00:18.540]  Privacy is under attack.
[00:18.540 --> 00:22.140]  When you give up data about yourself, you'll never get it back again.
[00:22.140 --> 00:26.920]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.920 --> 00:32.080]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.080 --> 00:33.080]  Privacy.
[00:33.080 --> 00:34.680]  It's worth hanging on to.
[00:34.680 --> 00:38.960]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.960 --> 00:42.500]  engine alternative to Google, Yahoo, and Bing.
[00:42.500 --> 00:44.800]  Start over with Startpage.
[00:44.800 --> 00:46.560]  Spar.
[00:46.560 --> 00:47.780]  It's what fighters do.
[00:47.780 --> 00:51.240]  It's also how I remember the five guarantees of the First Amendment.
[00:51.240 --> 00:56.720]  If you plan to take away my rights, I'm going to spar with you, S-P-A-R with an extra P,
[00:56.720 --> 01:03.040]  S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:03.040 --> 01:06.880]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:06.880 --> 01:10.840]  assembly, and religion, but petition for redress is another matter.
[01:10.840 --> 01:14.560]  We have the right to petition the government for a redress of grievances.
[01:14.560 --> 01:18.080]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.080 --> 01:20.640]  the reasons without fear of being thrown into jail.
[01:20.640 --> 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 --> 01:43.540]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.540 --> 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 --> 02:30.560]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.560 --> 02:31.560]  Get it?
[02:31.560 --> 02:33.880]  Two arms, bear hug, bear arms?
[02:33.880 --> 02:37.480]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.480 --> 02:43.240]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.240 --> 02:47.360]  government, one more safeguard against the tyranny, which now appears remote in America,
[02:47.360 --> 02:50.400]  but which historically has proved to always be possible.
[02:50.400 --> 02:52.400]  I'm Dr. Catherine Albrecht.
[02:52.400 --> 03:18.560]  More news and information at CatherineAlbrecht.com.
[03:18.560 --> 03:48.480]  Okay, we are back, Brandon Kelton, Brett Fountain, Rue of La Radio on this Friday.
[03:48.480 --> 03:57.480]  The fourth day of July and August, Brett, this is your fault.
[03:57.480 --> 04:03.080]  I was thinking about you giving me all the wrong dates and I screwed them all up.
[04:03.080 --> 04:10.840]  Okay, Friday, the fourth day of August, 2023, our four hour info marathon, we've got two
[04:10.840 --> 04:20.480]  more hours, and we're talking to Mike in Tennessee about how to craft a federal suit that will
[04:20.480 --> 04:24.720]  stick in court.
[04:24.720 --> 04:31.000]  First thing and how to, and for me, as far as I can tell, the easiest way to do it, unless
[04:31.000 --> 04:34.880]  you have something really specific, is RICO.
[04:34.880 --> 04:40.440]  I had a federal judge out of Oklahoma tell me once, said filing a RICO suit is like dropping
[04:40.440 --> 04:44.080]  an atomic bomb on the court.
[04:44.080 --> 04:57.400]  It's a big deal because you can do civil discovery that can then be used for a criminal prosecution.
[04:57.400 --> 04:59.520]  It's like nothing else.
[04:59.520 --> 05:04.560]  It was designed so they could go after the monsters, but it turned out the way it often
[05:04.560 --> 05:13.440]  does when the bad guys write law to protect themselves from other bad guys, because they're
[05:13.440 --> 05:17.960]  all swimming in a pool full of sharks and they're all sharks and they need to keep the
[05:17.960 --> 05:19.680]  other sharks from eating them.
[05:19.680 --> 05:25.120]  So they pass these laws that they can use and in us little minnows, we get to use those
[05:25.120 --> 05:27.180]  same laws.
[05:27.180 --> 05:33.840]  So here we use the RICO statutes to go after the public officials who use the RICO statutes
[05:33.840 --> 05:36.760]  to go after us.
[05:36.760 --> 05:48.000]  But in order to get there, you need to make a claim in such a way, I'm sorry, you need
[05:48.000 --> 05:56.400]  to make a claim and state a set of facts that if they're all absolutely true, you would
[05:56.400 --> 06:00.520]  have a claim against the accused.
[06:00.520 --> 06:05.600]  Because for the rule 12, that's what they have to consider.
[06:05.600 --> 06:12.800]  Once you get past that one, then you want a claim that gets past all of their immunity.
[06:12.800 --> 06:22.280]  Well, actually under 12b6, I think it's two.
[06:22.280 --> 06:29.760]  If they have an immunity claim, they have to bring it in a 12b6 pleading.
[06:29.760 --> 06:36.460]  So you have to address the immunity in the 12b6 as well, because if they have immunity,
[06:36.460 --> 06:40.080]  you can't have a claim against them anyway.
[06:40.080 --> 06:51.280]  But it's turned out after Ashcroft B. Ickbaugh that you have to write your suit primarily
[06:51.280 --> 06:54.360]  initially for a rule 12.
[06:54.360 --> 07:03.160]  And if you're pro se, you can expect them to dismiss your first petition.
[07:03.160 --> 07:10.880]  I fully expect them to dismiss my first petition for failure to state a claim, that almost
[07:10.880 --> 07:14.280]  always happens, and that's okay.
[07:14.280 --> 07:24.680]  Because when the defense in this case filed the rule 12 motion, they told me all the arguments
[07:24.680 --> 07:26.720]  that they're gonna bring.
[07:26.720 --> 07:35.120]  So that when I write my amended petition, I will write it so that it will address all
[07:35.120 --> 07:39.640]  of the claims they made.
[07:39.640 --> 07:42.080]  So you're much more likely to get the second one through.
[07:42.080 --> 07:45.320]  Mike, does that make sense for a strategy?
[07:45.320 --> 07:49.000]  Yes, it does.
[07:49.000 --> 07:57.920]  And also you brought up a good point that every single one of your listeners should
[07:57.920 --> 08:04.520]  buy a 2023 or 2022 O'Connor's.
[08:04.520 --> 08:11.840]  That old gal, I mean, she really put out a good book, and that is a darn good book to
[08:11.840 --> 08:16.240]  learn how to do your filings and how the template's on there.
[08:16.240 --> 08:21.360]  So O'Connor's, I believe she sat on the Fifth Circuit?
[08:21.360 --> 08:24.160]  No, she was on the Supreme.
[08:24.160 --> 08:25.880]  Supreme, okay.
[08:25.880 --> 08:27.880]  I thought she was in the State Supreme.
[08:27.880 --> 08:28.880]  Texas State Supreme.
[08:28.880 --> 08:29.880]  Right.
[08:29.880 --> 08:30.880]  Texas State Supreme.
[08:30.880 --> 08:31.880]  Okay.
[08:31.880 --> 08:33.920]  She sat on the Supreme Court.
[08:33.920 --> 08:34.920]  Yeah.
[08:34.920 --> 08:42.000]  Her name was Nicole O'Connor, and you don't need a late model one.
[08:42.000 --> 08:48.560]  The law changes very little, and they reprint O'Connor's every two years.
[08:48.560 --> 08:57.040]  Some states have their primary litigation guides in a notebook format, so they don't
[08:57.040 --> 08:58.640]  reprint them every couple of years.
[08:58.640 --> 09:01.200]  Every time something changes, they send you supplements.
[09:01.200 --> 09:05.320]  You take out the old pages and put in the new pages.
[09:05.320 --> 09:10.840]  That kind of sucks because you don't have the old litigation guides laying around.
[09:10.840 --> 09:18.720]  We've got two primary litigation guides in Texas, DeSarnio's and O'Connor's.
[09:18.720 --> 09:26.960]  DeSarnio's has a whole lot more case law in it, but O'Connor's, it is by far the best
[09:26.960 --> 09:30.860]  because it tells you everything you need structurally.
[09:30.860 --> 09:37.200]  And you can, if you're in Texas, just call a law firm or two and tell them that you're
[09:37.200 --> 09:43.200]  homeschooling your kids and you want to do some courses on law.
[09:43.200 --> 09:49.320]  Do you have any old O'Connor's laying around?
[09:49.320 --> 09:54.440]  Every year they buy new ones, and then the ones that are a couple years old, they just
[09:54.440 --> 10:00.240]  push them back, and their closet winds up getting full of old books they don't use anymore
[10:00.240 --> 10:03.040]  because they want their lawyers to use the latest.
[10:03.040 --> 10:07.360]  I had a woman in Amarillo, she did that.
[10:07.360 --> 10:14.120]  The second law firm she called said, do you have a station wagon or a pickup truck?
[10:14.120 --> 10:17.200]  Because they'll fill it up.
[10:17.200 --> 10:24.160]  Eddie Craig got an 18-foot box truck and loaded it up at a lawyer's office, the books they
[10:24.160 --> 10:25.160]  wanted to get rid of.
[10:25.160 --> 10:30.920]  They're getting rid of all of the old law books they used to have.
[10:30.920 --> 10:42.240]  But O'Connor's, go on eBay, you can get the last, I think it was a 2016 Texas civil
[10:42.240 --> 10:46.720]  trials I got for like $9.
[10:46.720 --> 10:51.120]  I don't know how they managed to mail it to me for that cheap.
[10:51.120 --> 10:57.320]  So you can find some pretty cheap ones, and if you're in Texas, O'Connor's makes one
[10:57.320 --> 11:00.480]  for California now.
[11:00.480 --> 11:05.080]  So if you're in Texas or California, go on eBay, you can get some cheap ones.
[11:05.080 --> 11:09.080]  Okay, that's my litigation guide speech.
[11:09.080 --> 11:14.320]  There's people all around the states that have O'Connor.
[11:14.320 --> 11:17.240]  They have O'Connor's all around the state.
[11:17.240 --> 11:21.360]  They use their formatting.
[11:21.360 --> 11:24.400]  Yeah, it doesn't matter what state you're in.
[11:24.400 --> 11:27.240]  You can't use all the case law.
[11:27.240 --> 11:37.040]  But if you want to know how to write a particular pleading, get O'Connor's forms.
[11:37.040 --> 11:46.240]  And they have a form in there telling you exactly how to make all these different pleadings.
[11:46.240 --> 11:50.200]  Judges don't figure all this stuff out for themselves.
[11:50.200 --> 11:56.080]  They get O'Connor's and they just fill in the blanks in the forms.
[11:56.080 --> 11:57.640]  And they do it for two reasons.
[11:57.640 --> 12:04.440]  One, it's easier for them, but two, it gives a pleading that looks exactly the way the
[12:04.440 --> 12:07.840]  judge expects to see it.
[12:07.840 --> 12:15.080]  So by all means, if you're in a legal issue, find O'Connor's.
[12:15.080 --> 12:21.800]  O'Connor's makes them for the Fed, Texas, and California right now.
[12:21.800 --> 12:28.560]  But since Thompson Routers bought them out, they're likely to start producing them for
[12:28.560 --> 12:32.120]  other states.
[12:32.120 --> 12:40.120]  Okay, do you have anything else for us, Mike?
[12:40.120 --> 12:45.920]  Should we ask you all your questions?
[12:45.920 --> 12:52.840]  Well, yeah, some would, and I'll let the other callers get in.
[12:52.840 --> 13:00.520]  And I just wanted to let the listeners know purchasing the O'Connor's Federal Rules of
[13:00.520 --> 13:06.920]  Civil Procedure is very good to purchase that book.
[13:06.920 --> 13:14.520]  And a lot of folk out there, maybe one day, Randy, you might be able to see if you can
[13:14.520 --> 13:25.480]  get that man on the air with you to talk about his, about the land patent rights, to put
[13:25.480 --> 13:26.480]  your head together.
[13:26.480 --> 13:32.120]  You know, maybe you all can have a conversation, you have him on the show and he can explain
[13:32.120 --> 13:39.080]  to folks how to go about doing that.
[13:39.080 --> 13:47.640]  That way people, I know people are tired of questioning, why am I paying this every year?
[13:47.640 --> 13:53.400]  Why do I have to fork out all these thousands of dollars every year for the recordation
[13:53.400 --> 13:57.680]  of this property and property taxes?
[13:57.680 --> 14:05.760]  Yeah, we've got a guy on the telegram channels, has his own channel, Alphonse.
[14:05.760 --> 14:14.520]  And he just filed a major lawsuit claiming that the taxes were unconstitutional.
[14:14.520 --> 14:19.240]  Well, the application of it.
[14:19.240 --> 14:22.800]  Okay, the application of it.
[14:22.800 --> 14:25.920]  Has a really effective brief on the subject.
[14:25.920 --> 14:28.720]  Do you have telegram?
[14:28.720 --> 14:31.880]  Well, no, I don't.
[14:31.880 --> 14:45.920]  And I'm not discrediting his effectiveness on that, but I think also when you get time,
[14:45.920 --> 14:52.860]  you should email or call Mr. Ron Gibson and see if he'll come on your show.
[14:52.860 --> 14:57.640]  You should dedicate, whatever your show, like you said, you dedicate wherever long you want.
[14:57.640 --> 15:06.320]  But I think everybody would find that very, you know, very valuable information.
[15:06.320 --> 15:09.060]  Will you send me another email on that?
[15:09.060 --> 15:14.480]  Your last one got buried under several hundred, because I was tied up with this lawsuit.
[15:14.480 --> 15:15.480]  I'm getting kind of caught up.
[15:15.480 --> 15:20.280]  Will you send me another email and I'll try to contact him?
[15:20.280 --> 15:24.480]  I'll text you his phone number tonight again.
[15:24.480 --> 15:27.480]  Better to send me an email so I can email him.
[15:27.480 --> 15:35.840]  I got some water on the laptop, so I got to go down to Verizon and see if they have that.
[15:35.840 --> 15:38.360]  Some Verizon has to get that water out of there.
[15:38.360 --> 15:39.600]  Right now the email is down.
[15:39.600 --> 15:45.200]  So I sent you that text, I think, three weeks ago with his number.
[15:45.200 --> 15:46.200]  Okay.
[15:46.200 --> 15:48.200]  Can you resend it?
[15:48.200 --> 15:49.200]  Sure.
[15:49.200 --> 15:52.720]  Yeah, like I said, I'll send it to you tonight.
[15:52.720 --> 15:53.720]  Okay.
[15:53.720 --> 15:54.720]  Thank you.
[15:54.720 --> 15:55.720]  Thanks.
[15:55.720 --> 15:56.720]  Okay.
[15:56.720 --> 16:00.480]  Now we're going to go to Jane in Texas.
[16:00.480 --> 16:03.120]  Hello, Jane.
[16:03.120 --> 16:05.560]  What do you have for us today?
[16:05.560 --> 16:06.560]  Hello.
[16:06.560 --> 16:16.520]  Well, I am working on my objections for the court to help, you know, to preserve the record
[16:16.520 --> 16:20.000]  when I go to trial for the speed and things.
[16:20.000 --> 16:21.000]  Wait a minute, Jane.
[16:21.000 --> 16:22.600]  You're distorting somewhat.
[16:22.600 --> 16:25.160]  Can you move the mic a little away from your mouth?
[16:25.160 --> 16:26.160]  Oh, okay.
[16:26.160 --> 16:29.120]  Well, I had too far, actually, but let me take you off speakerphone.
[16:29.120 --> 16:31.400]  Sounds like she's down the hall.
[16:31.400 --> 16:33.440]  You got it on a speakerphone?
[16:33.440 --> 16:34.440]  Yeah.
[16:34.440 --> 16:38.440]  Oh, my goodness.
[16:38.440 --> 16:43.200]  You need to take that speakerphone and beat yourself around the eyes and the ear with
[16:43.200 --> 16:44.200]  it.
[16:44.200 --> 16:45.200]  That's a good thing.
[16:45.200 --> 16:47.640]  If my brother wasn't out here, she would be upset.
[16:47.640 --> 16:48.640]  Oh, really?
[16:48.640 --> 16:51.640]  Yeah, she'd beat me up for it.
[16:51.640 --> 16:52.640]  Hang on.
[16:52.640 --> 16:53.640]  All right.
[16:53.640 --> 17:00.120]  Randy Kelly, Brett Felt, Wheel of Law Radio, we'll be right back.
[17:00.120 --> 17:04.800]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[18:12.320 --> 18:15.520]  Among those rights are the right to travel freely from place to place, the right to act
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[19:06.200 --> 19:18.520]  Well, don't let nothing get to you, only the father can deliver you, so don't let bad
[19:18.520 --> 19:42.000]  people hurt you, and test it and get behind you, know what I mean, my friend, and all
[19:42.000 --> 19:49.000]  that.
[19:49.000 --> 19:53.600]  Okay, we are back.
[19:53.600 --> 19:59.480]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Jane in Texas,
[19:59.480 --> 20:02.720]  and we hope she sufficiently flagellated herself.
[20:02.720 --> 20:05.680]  Is that how you say that, Brett, when you beat yourself?
[20:05.680 --> 20:07.760]  Yeah, I think you're right.
[20:07.760 --> 20:10.560]  Can you hear me better?
[20:10.560 --> 20:12.760]  Yeah, much better.
[20:12.760 --> 20:13.760]  Okay.
[20:13.760 --> 20:23.720]  Okay, so it's been 391 days since I filed a speedy trial motion, but there's something
[20:23.720 --> 20:30.440]  that happened in the meantime where I kind of messed up whenever I went to court in December
[20:30.440 --> 20:37.920]  and asked for, before I went to court, I asked for the evidence, the body cam, and they didn't
[20:37.920 --> 20:44.600]  have it ready because they overlooked my request, and so the next day I was supposed to go to
[20:44.600 --> 20:45.600]  trial.
[20:45.600 --> 20:46.600]  Sure they did.
[20:46.600 --> 20:50.200]  Just an honest mistake that just overshadowed the oversight.
[20:50.200 --> 20:52.600]  That does not toll the limitations.
[20:52.600 --> 20:54.760]  Oh, it doesn't?
[20:54.760 --> 20:58.280]  No, you did not delay the court in any way.
[20:58.280 --> 21:02.200]  You have to ask for a continuance.
[21:02.200 --> 21:07.040]  But no, here's what happened though, so because they didn't have prosecution, didn't have
[21:07.040 --> 21:13.880]  the evidence ready, I walked down to the walk-in court and told the judge that the evidence
[21:13.880 --> 21:18.080]  wasn't ready for the trial tomorrow, and that I didn't know how I was gonna go to trial,
[21:18.080 --> 21:21.280]  and she reset it, and I didn't even notice the trial.
[21:21.280 --> 21:23.320]  That's not chargeable to you.
[21:23.320 --> 21:25.800]  Okay, good.
[21:25.800 --> 21:29.360]  You're not the one that delayed the case.
[21:29.360 --> 21:32.320]  The prosecutor's the one that delayed the case.
[21:32.320 --> 21:39.000]  Do you have a copy of my speedy trial motion?
[21:39.000 --> 21:41.000]  I filed it.
[21:41.000 --> 21:43.680]  Oh, okay.
[21:43.680 --> 21:44.680]  Have they heard it?
[21:44.680 --> 21:51.000]  No, they don't hear a motion in municipal courts until the day of the trial.
[21:51.000 --> 22:00.320]  Then file a petition for writ of mandamus, and ask the appellate court, challenge the
[22:00.320 --> 22:08.320]  appellate court's subject matter jurisdiction, claiming that the appellate court has no subject
[22:08.320 --> 22:13.920]  matter jurisdiction because the trial court has no subject matter jurisdiction.
[22:13.920 --> 22:19.720]  Because the trial court denied you in a speedy trial and asked the appellate court to dismiss
[22:19.720 --> 22:20.720]  the case.
[22:20.720 --> 22:29.160]  But I'm having the issue finding case law that says the specific time, except for the
[22:29.160 --> 22:36.480]  ones where the Texas Supreme Court had- Get the preamble to the speedy trial act.
[22:36.480 --> 22:38.400]  Okay.
[22:38.400 --> 22:49.080]  It says in a class C misdemeanor, they must get you to trial within 30 days or it is presumed
[22:49.080 --> 22:50.760]  to be untimely.
[22:50.760 --> 22:55.640]  Okay, but didn't- Okay, hold on.
[22:55.640 --> 23:00.400]  The courts overturned the speedy trial act.
[23:00.400 --> 23:11.000]  However, they did not overturn the stated intent of the legislature that a person be
[23:11.000 --> 23:15.760]  tried for a class C misdemeanor within 30 days.
[23:15.760 --> 23:22.720]  Since it's over 30 days, now that puts the onus on them to show cause for the delay in
[23:22.720 --> 23:28.360]  order to avoid your right to a dismissal on the speedy trial.
[23:28.360 --> 23:33.080]  Now you have a federal right to a speedy trial.
[23:33.080 --> 23:34.080]  Right.
[23:34.080 --> 23:38.240]  Should give you an idea.
[23:38.240 --> 23:44.600]  I can motion to leave it to the federal court, but here's the thing, okay, since then you
[23:44.600 --> 23:53.680]  know that the thing went to warrant and now this week I went to the court, this past week
[23:53.680 --> 23:59.920]  I showed up voluntarily to try to make it look like I was trying to resolve so I could
[23:59.920 --> 24:02.560]  get back to hurry up and file another motion on them.
[24:02.560 --> 24:08.880]  I snuck in there with a- I had a wig on and I had a long sleeve shirt on like Brett was
[24:08.880 --> 24:13.760]  telling me and I had my sunglasses on and I didn't even give them my real name when
[24:13.760 --> 24:14.760]  I went in there.
[24:14.760 --> 24:22.480]  I told them that my name is Jay Gray and so when they called me up there, I was the only
[24:22.480 --> 24:25.400]  one- well, there's a whole bunch of other people there, but I was the only one there
[24:25.400 --> 24:31.920]  to see them at the last minute right before they closed and they- I was worried and matter
[24:31.920 --> 24:37.640]  of fact, she was taken for a long time because I'd asked her to try to get it to file into
[24:37.640 --> 24:43.280]  the record because I was having- she was getting things into the record and because they were
[24:43.280 --> 24:49.200]  not documenting the case properly, so she was trying to figure it out and then I said
[24:49.200 --> 24:56.080]  I need it stamped also, so she goes back and she's gone for a little while and I was getting
[24:56.080 --> 24:57.080]  nervous.
[24:57.080 --> 25:00.800]  As a matter of fact, I was on telegram with Brett telling him, oh my God, she's not coming
[25:00.800 --> 25:01.800]  back.
[25:01.800 --> 25:02.800]  I better leave.
[25:02.800 --> 25:09.760]  Anyway, so she came back and she stamped the thing and she told me that they were going
[25:09.760 --> 25:13.160]  to fill out an appearance bond, a personal bond.
[25:13.160 --> 25:17.080]  That's what I was going to sign while I was there because I was- and the warrant would
[25:17.080 --> 25:23.320]  be lifted within 48 hours and that they were going to give- send me another trial date
[25:23.320 --> 25:26.800]  and within like eight weeks or something like that.
[25:26.800 --> 25:27.800]  So-
[25:27.800 --> 25:28.800]  Okay.
[25:28.800 --> 25:32.100]  The warrant, that changes things.
[25:32.100 --> 25:34.040]  How long has there been a warrant?
[25:34.040 --> 25:40.960]  Well, there was a warrant issued on February 23rd when I didn't get notice of the trial.
[25:40.960 --> 25:41.960]  Okay.
[25:41.960 --> 25:48.080]  Well, then that will hold the limitations.
[25:48.080 --> 25:49.720]  What about if I didn't get notice?
[25:49.720 --> 25:58.800]  Well, that's an argument you have to make, but until you show that you weren't properly
[25:58.800 --> 26:00.420]  noticed, and that's a problem.
[26:00.420 --> 26:03.000]  How do you prove a negative?
[26:03.000 --> 26:06.680]  Well, because, yeah.
[26:06.680 --> 26:16.320]  If they say, well, we sent it by regular mail, that you should have got it, then you say,
[26:16.320 --> 26:20.960]  no, you didn't, you lied.
[26:20.960 --> 26:27.300]  Because if you had sent it, then the US mail would have got it to me and they didn't.
[26:27.300 --> 26:32.740]  So either you didn't send it at all or you put the wrong address on it, in either case,
[26:32.740 --> 26:34.700]  I didn't get notice.
[26:34.700 --> 26:37.680]  So you could make that claim.
[26:37.680 --> 26:39.040]  Right.
[26:39.040 --> 26:44.760]  But at this point, they have, since they've lifted the warrant, that as far as the adjudication
[26:44.760 --> 26:50.760]  of your case, that becomes a moot issue other than speedy trial.
[26:50.760 --> 26:51.760]  Okay.
[26:51.760 --> 26:56.720]  So then what you're saying is, is speedy trial is still in effect?
[26:56.720 --> 26:57.720]  I mean-
[26:57.720 --> 26:58.720]  Yes.
[26:58.720 --> 26:59.720]  Okay.
[26:59.720 --> 27:12.120]  So charge them, accuse them, since you've already been declared indigent, then take
[27:12.120 --> 27:22.200]  the speedy trial motion to dismiss and turn it into a petition for written mandamus asking
[27:22.200 --> 27:27.000]  the appellate court to dismiss the case for denouncing the constitutional right to speedy
[27:27.000 --> 27:28.000]  trial.
[27:28.000 --> 27:35.120]  Well, the indigency part does not work because there's a statute that says indigency is in
[27:35.120 --> 27:36.120]  the now.
[27:36.120 --> 27:43.280]  I mean, it's present indigency, indigency is not established from other court rulings.
[27:43.280 --> 27:48.480]  Well, has your financial status substantially changed?
[27:48.480 --> 27:51.000]  No, it's gotten worse.
[27:51.000 --> 27:52.000]  Okay.
[27:52.000 --> 28:01.600]  And all you have to do is file inability to pay and show that you have been declared indigent
[28:01.600 --> 28:07.760]  and your financial condition has worsened because of you having to fight all these legal
[28:07.760 --> 28:08.760]  issues.
[28:08.760 --> 28:09.760]  Yeah.
[28:09.760 --> 28:10.760]  Yeah.
[28:10.760 --> 28:23.080]  So I still have, well, probably like seven weeks now before the trial, but what Brett
[28:23.080 --> 28:30.400]  did was got all over, you know, with his citation and for subject matter of jurisdiction and
[28:30.400 --> 28:36.720]  personal jurisdiction and all the jurisdictional challenges, which Brett, you didn't even have
[28:36.720 --> 28:41.400]  to go to speedy trial, right?
[28:41.400 --> 28:47.920]  I think at one point I did bring that up, but no, that wasn't a big focus for me.
[28:47.920 --> 28:54.040]  Well, I haven't, I have already filed all those motions for jurisdiction, but nothing's
[28:54.040 --> 28:59.560]  been heard and, you know, nothing's been before the court.
[28:59.560 --> 29:06.680]  Well, then that's why you file, get it out of that municipal court and into the appellate
[29:06.680 --> 29:07.680]  court.
[29:07.680 --> 29:14.280]  What if they say that I have never even asked them to set a motion for it, to set a hearing
[29:14.280 --> 29:17.120]  for it?
[29:17.120 --> 29:18.120]  Did you?
[29:18.120 --> 29:19.640]  No, you can't.
[29:19.640 --> 29:23.040]  They've already told you that they will only hear it the day before the trial.
[29:23.040 --> 29:27.040]  Well, no, the day of the trial, matter of fact, the same-
[29:27.040 --> 29:33.440]  Okay, then what point is there for you to file a motion if you can't get it set for
[29:33.440 --> 29:36.840]  hearing, if you can only hear it the day of trial?
[29:36.840 --> 29:37.840]  Right.
[29:37.840 --> 29:41.880]  Maybe that's why they didn't dock all my motions either.
[29:41.880 --> 29:44.880]  No, that's not, they have to dock the motions.
[29:44.880 --> 29:45.880]  That's different.
[29:45.880 --> 29:46.880]  They didn't.
[29:46.880 --> 29:49.880]  They're screwing things up.
[29:49.880 --> 29:58.280]  Okay, hang on, Randy Kalb, we're at Fountain, we'll be right back.
[29:58.280 --> 29:59.280]  Okay.
[29:59.280 --> 30:05.640]  Everyone knows that walking is a great exercise, but you might not know that the way you walk
[30:05.640 --> 30:07.800]  could predict how long you're going to live.
[30:07.800 --> 30:13.000]  I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication
[30:13.000 --> 30:14.680]  in just a moment.
[30:14.680 --> 30:16.280]  Privacy is under attack.
[30:16.280 --> 30:20.680]  When you give up data about yourself, you'll never get it back again, and once your privacy
[30:20.680 --> 30:24.680]  is gone, you'll find your freedoms will start to vanish too.
[30:24.680 --> 30:29.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.800 --> 30:32.440]  Privacy, it's worth hanging on to.
[30:32.440 --> 30:36.720]  This public service announcement is brought to you by StartPage.com, the private search
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[30:40.240 --> 30:43.520]  Start over with StartPage.
[30:43.520 --> 30:47.960]  New research shows how fast you walk could predict how long you're going to live.
[30:47.960 --> 30:52.520]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.520 --> 30:55.760]  per second or faster live longer than expected.
[30:55.760 --> 31:00.160]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.160 --> 31:04.880]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.880 --> 31:07.560]  as more traditional statistical measures.
[31:07.560 --> 31:10.520]  Generally speaking, faster walkers live longer.
[31:10.520 --> 31:13.020]  Measuring walking speed is quick and inexpensive.
[31:13.020 --> 31:16.840]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.840 --> 31:21.040]  Researchers say it could help doctors identify older patients who need special care.
[31:21.040 --> 31:22.920]  I'm Dr. Catherine Albrecht.
[31:22.920 --> 31:30.480]  More news and information at CatherineAlbrecht.com.
[31:30.480 --> 31:31.480]  I lost my son.
[31:31.480 --> 31:32.480]  My nephew.
[31:32.480 --> 31:33.480]  My uncle.
[31:33.480 --> 31:34.480]  My son.
[31:34.480 --> 31:35.480]  On September 11th, 2001.
[31:35.480 --> 31:38.760]  Most people don't know that a third tower fell on September 11th.
[31:38.760 --> 31:42.880]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.880 --> 31:48.720]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.720 --> 31:52.480]  and engineers have looked into the evidence and believe there is more to the story.
[31:52.480 --> 31:53.960]  Bring justice to my son.
[31:53.960 --> 31:54.960]  My uncle.
[31:54.960 --> 31:55.960]  My nephew.
[31:55.960 --> 31:56.960]  My son.
[31:56.960 --> 31:57.960]  Go to buildingwhat.org.
[31:57.960 --> 31:58.960]  Why it fell.
[31:58.960 --> 31:59.960]  Why it matters.
[31:59.960 --> 32:01.760]  And what you can do.
[32:01.760 --> 32:06.160]  Are you looking to have a closer relationship with God and a better understanding of His
[32:06.160 --> 32:07.160]  Word?
[32:07.160 --> 32:12.280]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture
[32:12.280 --> 32:18.680]  Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[32:18.680 --> 32:23.200]  Study to show thyself approved unto God, a workman that needed not to be ashamed, rightly
[32:23.200 --> 32:25.640]  dividing the word of truth.
[32:25.640 --> 32:29.240]  Starting in January, our first hour studies are in the Book of Mark, where we'll go
[32:29.240 --> 32:32.920]  verse by verse and discuss the true gospel message.
[32:32.920 --> 32:37.560]  Our second hour topical studies will vary each week with discussions on sound doctrine
[32:37.560 --> 32:39.440]  and Christian character development.
[32:39.440 --> 32:44.480]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.480 --> 32:48.760]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.760 --> 32:51.040]  of our Lord and Savior Jesus.
[32:51.040 --> 32:57.680]  So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and
[32:57.680 --> 33:02.800]  motivate your studies of the Scriptures.
[33:02.800 --> 33:09.800]  And free speech radio, LogosRadioNetwork.com.
[33:32.800 --> 34:01.400]  Okay, we are back, Randy Kelton, Brett Fountain, The Wheel of Lorelio, and we have a couple
[34:01.400 --> 34:06.600]  of slots on the caller board.
[34:06.600 --> 34:14.680]  So if you have a question or comment, give us a call, our call in number 512-646-1984,
[34:14.680 --> 34:19.600]  and we're talking to oppositional defiant Jane.
[34:19.600 --> 34:28.200]  Yeah, I bet the attorney that I have for that civil case, he would say that right now, too,
[34:28.200 --> 34:32.640]  because we still have not come to any terms, because she keeps trying to tell me what to
[34:32.640 --> 34:34.200]  do and I'm not having it.
[34:34.200 --> 34:35.200]  She lost.
[34:35.200 --> 34:36.200]  Yes, but.
[34:36.200 --> 34:37.200]  Yeah.
[34:37.200 --> 34:46.960]  But back to the other thing, okay, so, you know, they have messed up a lot.
[34:46.960 --> 34:52.080]  All the motions that I originally filed, the ones that were certified letters sent, certified
[34:52.080 --> 34:56.360]  mailed to them, none of those motions are in the docket, or in the docket, because I
[34:56.360 --> 34:57.360]  have a copy of the docket.
[34:57.360 --> 35:00.880]  Let me speak to something about oppositional defiance disorder.
[35:00.880 --> 35:07.560]  Dr. Joe's on the bridge and he's listening to this.
[35:07.560 --> 35:16.680]  When we were telling you what to do, you were so busy doing the yes, but, that clearly you
[35:16.680 --> 35:20.360]  didn't understand what we were telling you to do.
[35:20.360 --> 35:22.400]  When?
[35:22.400 --> 35:25.480]  Just before the break.
[35:25.480 --> 35:32.920]  And that's part of the problem that both Brett and I have had with you for quite a while.
[35:32.920 --> 35:40.600]  You're so busy trying to figure out why something won't work that you have a lot of trouble
[35:40.600 --> 35:44.720]  assimilating what will work.
[35:44.720 --> 35:51.040]  When someone tells you something, you need to think about it a little bit and integrate
[35:51.040 --> 35:54.080]  it into your own knowledge base.
[35:54.080 --> 35:58.400]  You tend not to do that.
[35:58.400 --> 36:04.600]  You immediately try to figure out why it won't work, and that keeps you from getting it locked
[36:04.600 --> 36:05.600]  in.
[36:05.600 --> 36:11.120]  And it's frustrating for people around you.
[36:11.120 --> 36:12.120]  Yeah.
[36:12.120 --> 36:13.120]  Okay.
[36:13.120 --> 36:17.640]  Probably frustrating for you too, because it's a lot of work being devil's advocate
[36:17.640 --> 36:19.760]  to that extent.
[36:19.760 --> 36:22.920]  I have to go back and listen to it, and then it has to sink in.
[36:22.920 --> 36:24.360]  It doesn't work like that with me.
[36:24.360 --> 36:27.960]  I have to hear it over and over and over, and then-
[36:27.960 --> 36:30.240]  That's because you don't let it sink in.
[36:30.240 --> 36:36.520]  You're too busy trying to figure out alternatives and possible problems with it.
[36:36.520 --> 36:46.840]  If you would practice waiting two seconds before you respond, everything will change.
[36:46.840 --> 36:52.840]  Well, I understand what you're saying, but I'm not, but I know here's the but.
[36:52.840 --> 37:00.200]  I'm not that comfortable going to federal court, but it's not.
[37:00.200 --> 37:01.200]  Brett.
[37:01.200 --> 37:06.680]  I think she just told you yes, but it won't work.
[37:06.680 --> 37:09.680]  I'm not saying it won't work.
[37:09.680 --> 37:12.680]  I'm not comfortable with it.
[37:12.680 --> 37:15.680]  I don't know how to do that.
[37:15.680 --> 37:16.680]  Stop it.
[37:16.680 --> 37:17.680]  You're making my stomach hurt.
[37:17.680 --> 37:18.680]  No.
[37:18.680 --> 37:19.680]  I'm talking to you.
[37:19.680 --> 37:20.680]  We love you, Jane.
[37:20.680 --> 37:26.820]  Okay, but try that.
[37:26.820 --> 37:33.440]  You were saying that they never said it for hearing, and I said, well, they didn't say
[37:33.440 --> 37:34.880]  it for hearing because they couldn't.
[37:34.880 --> 37:37.680]  You didn't seem to understand that.
[37:37.680 --> 37:41.120]  You were complaining that they didn't say it for hearing, but they told you that they
[37:41.120 --> 37:46.560]  only hear motions during a trial.
[37:46.560 --> 37:51.420]  So you don't care what they want to do.
[37:51.420 --> 37:55.200]  You file a motion to set it for hearing and let them deny the motion.
[37:55.200 --> 37:59.000]  And then you go to the get it out of their court.
[37:59.000 --> 38:01.400]  Now they hate that.
[38:01.400 --> 38:06.160]  They want to get a judge who wants to control everything in his court.
[38:06.160 --> 38:14.600]  So you set him up so you can file a petition with the court of appeals for a writ of mandamus
[38:14.600 --> 38:23.880]  and ask the court of appeals to order this court to hold a hearing on speedy trial.
[38:23.880 --> 38:29.200]  He's going to hate that, and they're going to have to file a response to it, and they're
[38:29.200 --> 38:34.480]  going to hate that even worse.
[38:34.480 --> 38:37.040]  Give them a reason to make this go away.
[38:37.040 --> 38:38.040]  Yeah.
[38:38.040 --> 38:39.040]  Okay.
[38:39.040 --> 38:44.560]  I need case law and stuff like that too, so.
[38:44.560 --> 38:45.560]  You got my...
[38:45.560 --> 38:52.440]  I've got a pretty complete speedy trial pleading there with all the case law and the statute.
[38:52.440 --> 38:53.440]  It's all in there.
[38:53.440 --> 38:54.440]  Okay.
[38:54.440 --> 39:01.280]  And the fine only offenses, there's actually precedent where cases were dismissed because
[39:01.280 --> 39:03.520]  they didn't get within 30 days.
[39:03.520 --> 39:05.400]  Did you read my speedy trial motion?
[39:05.400 --> 39:06.400]  Yes.
[39:06.400 --> 39:08.920]  It's been a long time since this has been going on.
[39:08.920 --> 39:12.160]  This has been in this court for like two years.
[39:12.160 --> 39:14.160]  You need to read it again.
[39:14.160 --> 39:15.160]  Yeah.
[39:15.160 --> 39:25.200]  What I'm arguing in there is that the speedy trial act was overturned, but it wasn't overturned
[39:25.200 --> 39:34.720]  based on the time limits included in the preamble to the legislation.
[39:34.720 --> 39:42.600]  The preamble stated the legislative intent, and it was the legislative intent that if
[39:42.600 --> 39:50.320]  the court fails to get a Class C misdemeanor to court within 30 days, a Class B within
[39:50.320 --> 40:05.400]  90, a Class C, 120, and a felony, 120, that it was presumed to be untimely.
[40:05.400 --> 40:11.880]  So the honest now goes to the court to show cause as to why they extended this time.
[40:11.880 --> 40:19.800]  Now they overturned the act, but they did not overturn the stated legislative intent.
[40:19.800 --> 40:27.660]  And the legislative intent goes to the constitutional right.
[40:27.660 --> 40:34.560]  You have a constitutional right in both the state and in the Fed.
[40:34.560 --> 40:43.360]  So this speedy trial act argues that while the speedy trial act may have been overturned,
[40:43.360 --> 40:49.760]  the constitution was not overturned, and the right still exists.
[40:49.760 --> 40:55.440]  And the legislature stated their intent of what was to be considered timely.
[40:55.440 --> 41:05.480]  That was 30 days, and asked the court to order the trial court to schedule a hearing.
[41:05.480 --> 41:12.040]  Oh, you're going to hate that.
[41:12.040 --> 41:16.680]  And you don't care if they don't grant it, you don't care.
[41:16.680 --> 41:22.480]  You file it, the other side is going to have to file an answer.
[41:22.480 --> 41:32.720]  And if the court of appeals refuses to hear your claim, then consider filing an action
[41:32.720 --> 41:42.720]  in the Fed for denial of speedy trial.
[41:42.720 --> 41:52.920]  And I've got the argument to get past rule 12, the Young Doctrine.
[41:52.920 --> 41:59.520]  Okay well, I gotta make a choice, either do that, or I need to sue somebody and I only
[41:59.520 --> 42:02.320]  got another month to do it.
[42:02.320 --> 42:08.400]  So because of the statute limitation, I run out in a month.
[42:08.400 --> 42:15.280]  What's the limitations for why?
[42:15.280 --> 42:22.280]  I guess it's not really breach of contract, it's a misrepresentation fraud by business.
[42:22.280 --> 42:25.520]  Oh, fraud?
[42:25.520 --> 42:26.520]  Frauds for years.
[42:26.520 --> 42:35.800]  Well, no, okay, it's not fraud, it's, okay, repairs made from a dealership on a vehicle
[42:35.800 --> 42:40.800]  that they caused the issue themselves with and I have proof of.
[42:40.800 --> 42:47.280]  They also did some other stuff at a dealership, and I can't remember exactly the cause of
[42:47.280 --> 42:53.360]  action, but it's a misrepresentation or something, I was looking at the cause of action.
[42:53.360 --> 42:58.360]  Did the dealership charge you for work that was not completed or not done?
[42:58.360 --> 43:04.280]  No, but they sabotaged my vehicle so that they could charge me for something, I had
[43:04.280 --> 43:12.480]  to replace it when it had to be done unless they sabotaged it, and I got proof of that.
[43:12.480 --> 43:15.920]  I'm thinking cause of action, Brett.
[43:15.920 --> 43:28.120]  I saw it, I can't remember, it's a, let's see, it's only one of them, I think.
[43:28.120 --> 43:30.720]  That wouldn't be fraud.
[43:30.720 --> 43:39.000]  That's what I'm trying to get to for four years, causes of action.
[43:39.000 --> 43:47.800]  Contract actions, general breach of contract, quantum merit, promissory estoppel suit.
[43:47.800 --> 43:51.960]  Hang on, we'll pick this up on the other side, Randy Kelton, Brett Fountain, Rule of Law
[43:51.960 --> 43:56.480]  Radio, and I'll go through these causes of action before we come back.
[43:56.480 --> 44:00.480]  Hang on, we'll be right back.
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[46:20.760 --> 46:24.680]  Oh, yeah.
[46:24.680 --> 46:29.640]  Always I must be careful what I'm wishing for.
[46:29.640 --> 46:35.540]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.540 --> 46:37.600]  I ain't asking for much.
[46:37.600 --> 46:41.440]  I ain't trying to feed no glutton.
[46:41.440 --> 46:43.800]  I'm just here making my living.
[46:43.800 --> 46:46.560]  Pushing buttons.
[46:46.560 --> 46:52.560]  I get my message out to anyone who's shot in distance.
[46:52.560 --> 46:58.560]  I vote for bravery and against slavery, showing resistance.
[46:58.560 --> 47:02.560]  First I'm crawling, then I'm walking, then I start strutting.
[47:02.560 --> 47:08.560]  I'm just so glad to make my living pushing buttons.
[47:08.560 --> 47:14.560]  Okay, we are back.
[47:14.560 --> 47:16.560]  Randy Kelton, Brett Fountain, Rue La Radio.
[47:16.560 --> 47:18.560]  And we have Dr. Joe. He's on the guest bridge.
[47:18.560 --> 47:20.560]  He's kind of enlisted again.
[47:20.560 --> 47:24.560]  And on the break, we were talking about you, Jane.
[47:24.560 --> 47:30.560]  And we laughed and we laughed.
[47:30.560 --> 47:32.560]  Oh, one thing, Jane.
[47:32.560 --> 47:36.560]  When I start doing an outro, stop talking.
[47:36.560 --> 47:40.560]  Oh, I thought he said, you always know Brett, he's got 30 more seconds.
[47:40.560 --> 47:44.560]  Okay, when I start doing the outro, then stop talking.
[47:44.560 --> 47:52.560]  And stop doing an oppositional defiance disorder.
[47:52.560 --> 47:56.560]  He's just kidding about the laughing at you on the break part.
[47:56.560 --> 48:00.560]  But he's not kidding about the don't talk during the outro part.
[48:00.560 --> 48:02.560]  Yeah, I was kidding about laughing on the break.
[48:02.560 --> 48:06.560]  I was just giving you a hard time.
[48:06.560 --> 48:08.560]  Okay.
[48:08.560 --> 48:13.560]  Okay, but what I'm talking about here is politics.
[48:13.560 --> 48:16.560]  Make it hard for them.
[48:16.560 --> 48:19.560]  They want to screw around with you, screw around with them.
[48:19.560 --> 48:25.560]  Have you bar grieved the prosecutor and Judiciary Conduct complaint the judge?
[48:25.560 --> 48:29.560]  I don't even know who those people are.
[48:29.560 --> 48:33.560]  Bar grieve somebody, they'll figure it out.
[48:33.560 --> 48:35.560]  Oh, bar grieve the wrong one.
[48:35.560 --> 48:40.560]  Oh, Jane, that is so much fun.
[48:40.560 --> 48:43.560]  I can bar grieve the presiding judge, like, you know,
[48:43.560 --> 48:46.560]  Brad was telling me who the presiding judge at Fort Worth is.
[48:46.560 --> 48:49.560]  I don't think it's the one that I was dealing with.
[48:49.560 --> 48:51.560]  Doesn't matter.
[48:51.560 --> 48:52.560]  Stinging.
[48:52.560 --> 48:56.560]  He'll get upset with whoever it really is.
[48:56.560 --> 48:59.560]  Yeah, bar grieves the wrong guy.
[48:59.560 --> 49:04.560]  I had an attorney's name, I think it was Sam Bass or something like that,
[49:04.560 --> 49:07.560]  and didn't have a bar card number.
[49:07.560 --> 49:11.560]  So I looked it up and I found three of them.
[49:11.560 --> 49:15.560]  The issue I was bar grieving about was out of Decatur, Texas.
[49:15.560 --> 49:19.560]  There was one in Decatur, one in Fort Worth, and one in Dallas.
[49:19.560 --> 49:23.560]  So I said, oh, my goodness, which one could it be?
[49:23.560 --> 49:25.560]  Oh, it must be the one in Fort Worth.
[49:25.560 --> 49:28.560]  So I bar grieved the one in Fort Worth.
[49:28.560 --> 49:31.560]  A friend of mine had a son who had legal issues,
[49:31.560 --> 49:33.560]  and he was talking to the guy's lawyer.
[49:33.560 --> 49:37.560]  And he mentioned my name, and this lawyer went off.
[49:37.560 --> 49:41.560]  He was the guy I bar grieved.
[49:41.560 --> 49:43.560]  He was furious.
[49:43.560 --> 49:47.560]  He bar grieved me, and it wasn't even my client.
[49:47.560 --> 49:53.560]  So I called him and told him, oh, Robert tells me I bar grieved you by mistake.
[49:53.560 --> 49:55.560]  Oh, my bad, my bad.
[49:55.560 --> 49:59.560]  I'll contact the bar and tell him it was all a big mistake,
[49:59.560 --> 50:01.560]  and then I'll bar grieve this other guy.
[50:01.560 --> 50:05.560]  And he said, oh, don't do that, don't do that.
[50:05.560 --> 50:08.560]  I laughed till I hurt.
[50:08.560 --> 50:14.560]  Okay, so bar grieving, if you bar grieve the wrong one, it's even better.
[50:14.560 --> 50:19.560]  Well, I'll say this and I'll let you go, because I know you want to get back on the show here.
[50:19.560 --> 50:24.560]  So when we were in trial last week or trying to go to trial,
[50:24.560 --> 50:31.560]  there was this little girl or whatever filled up with the opposite, her attorney.
[50:31.560 --> 50:35.560]  And so I thought she was like assistant or something like that.
[50:35.560 --> 50:39.560]  And so when that came out, I asked my attorney, who is that?
[50:39.560 --> 50:40.560]  Is that his assistant?
[50:40.560 --> 50:45.560]  He goes, no, it's just like an attorney that's learning or whatever, I said.
[50:45.560 --> 50:48.560]  And anyway, he was kind of laughing and stuff like that.
[50:48.560 --> 50:51.560]  And I said, oh, she's somebody I haven't bar grieved yet.
[50:51.560 --> 51:01.560]  And I'm telling you what, that laugh didn't turn down to a frown really quick.
[51:01.560 --> 51:02.560]  I bet it did.
[51:02.560 --> 51:07.560]  Perfect.
[51:07.560 --> 51:09.560]  So anyway, all right, I'll let you go.
[51:09.560 --> 51:12.560]  I know you're trying to talk to Joe, but not but.
[51:12.560 --> 51:16.560]  I'm just telling you, I got to make a decision to either do one or the other,
[51:16.560 --> 51:21.560]  because I can't do both.
[51:21.560 --> 51:22.560]  Did you understand that, Brett?
[51:22.560 --> 51:24.560]  I didn't get that.
[51:24.560 --> 51:28.560]  I know I couldn't make sense of it, sorry.
[51:28.560 --> 51:30.560]  I was saying I need to make a decision.
[51:30.560 --> 51:35.560]  Either I'm going to do what you said about the filing in the appeals court
[51:35.560 --> 51:44.560]  and going that route, or I can sue this business for messing me up big time in my car.
[51:44.560 --> 51:49.560]  Have you sent this business a tort letter?
[51:49.560 --> 51:50.560]  No, I did.
[51:50.560 --> 51:54.560]  I filed a Better Business Bureau claim, and we went back and forth over it,
[51:54.560 --> 51:58.560]  you know, for quite a while, and they're lying.
[51:58.560 --> 51:59.560]  Okay.
[51:59.560 --> 52:02.560]  A tort letter is a good place to start.
[52:02.560 --> 52:04.560]  Yeah.
[52:04.560 --> 52:09.560]  You give them notice and opportunity.
[52:09.560 --> 52:16.560]  Do you ever get it satisfied with the Better Business Bureau?
[52:16.560 --> 52:22.560]  No, it was unresolved, because they lied, and they would never tell the truth.
[52:22.560 --> 52:24.560]  And so, you know, they just kept lying.
[52:24.560 --> 52:31.560]  Okay, then send them a tort letter for three times the amount that it cost you
[52:31.560 --> 52:35.560]  to fix whatever it is they screwed up.
[52:35.560 --> 52:36.560]  Okay.
[52:36.560 --> 52:40.560]  Tell them this is what you did, this is how I was harmed,
[52:40.560 --> 52:42.560]  this is how much I was harmed by.
[52:42.560 --> 52:45.560]  Make me whole or be sued.
[52:45.560 --> 52:49.560]  And once you send them the tort letter, then you generally give them,
[52:49.560 --> 52:56.560]  if it's a county or a public official, they require 60 days,
[52:56.560 --> 52:57.560]  but you don't have to give them that long.
[52:57.560 --> 52:59.560]  You can give them 30 days.
[52:59.560 --> 53:04.560]  Tell them make me whole within 30 days or be sued.
[53:04.560 --> 53:08.560]  It's the dealership in Bedford, but here's the issue.
[53:08.560 --> 53:12.560]  If the statute of limitations is up next month,
[53:12.560 --> 53:15.560]  like September 9th or something like that,
[53:15.560 --> 53:19.560]  I'm wondering, send them a tort letter and then send them a lawsuit,
[53:19.560 --> 53:21.560]  because then it's going to be too late.
[53:21.560 --> 53:22.560]  Okay.
[53:22.560 --> 53:24.560]  What did they do to your car?
[53:24.560 --> 53:28.560]  Did they charge you for services that weren't rendered,
[53:28.560 --> 53:32.560]  or did they give you incompetent service?
[53:32.560 --> 53:35.560]  Did they sabotage?
[53:35.560 --> 53:39.560]  They sabotaged my alternator and rewired it,
[53:39.560 --> 53:43.560]  and then caused me to burn up the alternator and two batteries.
[53:43.560 --> 53:46.560]  And then it was only there to get the transmission replaced.
[53:46.560 --> 53:50.560]  And then they just happened to notice, and that's not all.
[53:50.560 --> 53:54.560]  They also, somebody drove my car while it was there,
[53:54.560 --> 53:57.560]  and they drove and the hood blew up and they broke my windshield,
[53:57.560 --> 53:59.560]  and they did replace that.
[53:59.560 --> 54:03.560]  The transmission work that they did is not,
[54:03.560 --> 54:06.560]  they bypassed my heat exchanger,
[54:06.560 --> 54:09.560]  which caused me to overheat all summer long.
[54:09.560 --> 54:13.560]  And I didn't get to work that much because my car kept overheating.
[54:13.560 --> 54:19.560]  I didn't ever figure it out until I was going to put an external
[54:19.560 --> 54:21.560]  transmission cooler on there.
[54:21.560 --> 54:25.560]  And when I did, I noticed that they had bypassed my heat exchanger,
[54:25.560 --> 54:28.560]  which is the thing that would have kept my transmission cool.
[54:28.560 --> 54:30.560]  The one on the radiator?
[54:30.560 --> 54:32.560]  No, it's a different one.
[54:32.560 --> 54:35.560]  It's the one that goes to the transmission.
[54:35.560 --> 54:38.560]  Well, the transmission generally goes to the bottom of the radiator.
[54:38.560 --> 54:41.560]  Yeah, but yeah, it would have gone to the radiator
[54:41.560 --> 54:43.560]  if they put a two-port radiator in there.
[54:43.560 --> 54:46.560]  They took one out of it, like an old central one,
[54:46.560 --> 54:50.560]  put it in mine, bypassed the transmission cooler,
[54:50.560 --> 54:53.560]  and put an old radiator in there.
[54:53.560 --> 54:56.560]  In fact, my transmission had no cooling at all.
[54:56.560 --> 54:59.560]  It was not getting cooled down.
[54:59.560 --> 55:00.560]  Wow.
[55:00.560 --> 55:01.560]  Yeah.
[55:01.560 --> 55:02.560]  Okay.
[55:02.560 --> 55:05.560]  Is that transmission still in the vehicle?
[55:05.560 --> 55:07.560]  It is, but I haven't driven that much.
[55:07.560 --> 55:10.560]  And since I have a monitor now,
[55:10.560 --> 55:13.560]  the reason why I knew that it was overheating and about dead
[55:13.560 --> 55:16.560]  is because I got an app that...
[55:16.560 --> 55:17.560]  Okay.
[55:17.560 --> 55:19.560]  If you ran that transmission overheating,
[55:19.560 --> 55:23.560]  you've probably pretty well wiped out the clutches.
[55:23.560 --> 55:26.560]  Well, it's not a boiler transmission.
[55:26.560 --> 55:30.560]  It's an Altima CVT, so it doesn't have any clutches.
[55:30.560 --> 55:34.560]  All it has is a belt, a steel belt.
[55:34.560 --> 55:36.560]  And the thing that...
[55:36.560 --> 55:40.560]  The only thing that affects these transmissions is heat and oil,
[55:40.560 --> 55:42.560]  transmission fluid, and then...
[55:42.560 --> 55:45.560]  Yeah, what kind of vehicle has a CV in it?
[55:45.560 --> 55:48.560]  I haven't heard those in years.
[55:48.560 --> 55:54.560]  This is a 2016 Nissan Altima. All the Nissan have this CVT.
[55:54.560 --> 55:55.560]  Wow, I'm hearing...
[55:55.560 --> 55:57.560]  A continuous variable?
[55:57.560 --> 56:00.560]  Yeah, a continuous variable transmission, which has a steel...
[56:00.560 --> 56:04.560]  Yeah, it has a pulley in there that's tapered,
[56:04.560 --> 56:06.560]  and the belt can sink.
[56:06.560 --> 56:09.560]  You know, the pulley can spread out and squeeze down,
[56:09.560 --> 56:13.560]  so it pushes the belt up and down the pulley to change the gear ratios.
[56:13.560 --> 56:14.560]  Yeah.
[56:14.560 --> 56:16.560]  So there's no gears in it.
[56:16.560 --> 56:18.560]  Very simple.
[56:18.560 --> 56:20.560]  Yeah, well, you would think it's very simple
[56:20.560 --> 56:24.560]  as long as you change the fluid out about every 20,000 miles.
[56:24.560 --> 56:27.560]  So if you don't, you're screwed because it's going to tear up.
[56:27.560 --> 56:31.560]  And so mine has been, like, hopping along.
[56:31.560 --> 56:33.560]  I mean, it's still...
[56:33.560 --> 56:34.560]  When I'm at low speed, it's still...
[56:34.560 --> 56:36.560]  I can tell that they've just done damage.
[56:36.560 --> 56:38.560]  You know, I haven't put as many miles on it.
[56:38.560 --> 56:40.560]  This is my third transmission.
[56:40.560 --> 56:43.560]  The second one went for 225,000 miles
[56:43.560 --> 56:46.560]  because they didn't do what this dealership did.
[56:46.560 --> 56:49.560]  Okay, well, your statute of limitations is not running at all
[56:49.560 --> 56:52.560]  because you're still being harmed.
[56:52.560 --> 56:54.560]  Hmm.
[56:54.560 --> 56:56.560]  They damaged your transmission,
[56:56.560 --> 56:59.560]  and now you're stuck with a damaged transmission.
[56:59.560 --> 57:04.560]  But no, that would still get to statute of limitations.
[57:04.560 --> 57:07.560]  Yeah, and I'm wondering how I'm going to prove that it's damaged
[57:07.560 --> 57:09.560]  since I haven't had to replace it yet,
[57:09.560 --> 57:12.560]  except for the fact that I have the app
[57:12.560 --> 57:14.560]  that shows how hot it was.
[57:14.560 --> 57:18.560]  No, because you are an expert.
[57:18.560 --> 57:21.560]  Okay, yeah, also I have the pictures and video
[57:21.560 --> 57:23.560]  and everything to prove that it was bypassed.
[57:23.560 --> 57:25.560]  I had to buy a new radiator.
[57:25.560 --> 57:27.560]  I had to buy a new alternator.
[57:27.560 --> 57:29.560]  And they made me buy an alternator there
[57:29.560 --> 57:31.560]  because they made it to where I was broke down.
[57:31.560 --> 57:34.560]  I had to get towed back over there.
[57:34.560 --> 57:40.560]  Okay, Jane, filing suit against them is relatively easy.
[57:40.560 --> 57:42.560]  You don't have to have everything in there
[57:42.560 --> 57:45.560]  to beat the statute of limitations.
[57:45.560 --> 57:46.560]  Okay.
[57:46.560 --> 57:50.560]  Just tell the story you just told.
[57:50.560 --> 57:52.560]  Put it in a suit.
[57:52.560 --> 57:55.560]  Claim they caused you this much harm, and file it.
[57:55.560 --> 57:59.560]  It would be better if you can find a suit
[57:59.560 --> 58:04.560]  for improper auto repair.
[58:04.560 --> 58:06.560]  And that should...
[58:06.560 --> 58:10.560]  And just send the phrase practically.
[58:10.560 --> 58:12.560]  Okay.
[58:12.560 --> 58:14.560]  Then get something in.
[58:14.560 --> 58:16.560]  It doesn't have to be complete, just anything.
[58:16.560 --> 58:18.560]  Get it in.
[58:18.560 --> 58:20.560]  And that stops the clock.
[58:20.560 --> 58:22.560]  You can always file an amended later.
[58:22.560 --> 58:24.560]  Okay.
[58:24.560 --> 58:26.560]  Okay.
[58:26.560 --> 58:28.560]  Love y'all. Have a good night.
[58:28.560 --> 58:30.560]  Okay, thank you, Jane.
[58:30.560 --> 58:33.560]  Okay, this is Randy Kelton, Brett Fountain,
[58:33.560 --> 58:38.560]  and we have an open call board.
[58:38.560 --> 58:41.560]  So if you have a question or comment, give us a call.
[58:41.560 --> 58:43.560]  We'll be taking your calls all night,
[58:43.560 --> 58:46.560]  and we'll be right back.
[58:49.560 --> 58:51.560]  Would you like to make more definite progress
[58:51.560 --> 58:53.560]  in your walk with God?
[58:53.560 --> 58:56.560]  Bibles for America is offering a free study Bible
[58:56.560 --> 59:00.560]  and a set of free Christian books that can really help.
[59:00.560 --> 59:03.560]  The New Testament Recovery Version is one of the most comprehensive
[59:03.560 --> 59:05.560]  study Bibles available today.
[59:05.560 --> 59:08.560]  It's an accurate translation, and it contains thousands
[59:08.560 --> 59:10.560]  of footnotes that will help you to know God
[59:10.560 --> 59:12.560]  and to know the meaning of life.
[59:12.560 --> 59:15.560]  The free books are a three-volume set called
[59:15.560 --> 59:17.560]  Basic Elements of the Christian Life.
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[59:23.560 --> 59:27.560]  growing in Christ, and how to build up the Church.
[59:27.560 --> 59:30.560]  To order your free New Testament Recovery Version
[59:30.560 --> 59:33.560]  and Basic Elements of the Christian Life,
[59:33.560 --> 59:40.560]  call Bibles for America toll-free at 888-551-0102.
[59:40.560 --> 59:44.560]  That's 888-551-0102.
[59:44.560 --> 59:49.560]  Or visit us online at bfa.org.
[59:51.560 --> 59:55.560]  You're listening to the Logos Radio Network
[59:55.560 --> 59:58.560]  at logosradionetwork.com.
[01:00:01.560 --> 01:00:04.560]  The Bill of Rights contains the first ten amendments
[01:00:04.560 --> 01:00:05.560]  of our Constitution.
[01:00:05.560 --> 01:00:07.560]  They guarantee the specific freedoms
[01:00:07.560 --> 01:00:09.560]  Americans should know and protect.
[01:00:09.560 --> 01:00:10.560]  Our liberty depends on it.
[01:00:10.560 --> 01:00:12.560]  I'm Dr. Catherine Albrecht, and I'll be right back
[01:00:12.560 --> 01:00:14.560]  with an unforgettable way to remember
[01:00:14.560 --> 01:00:16.560]  one of your constitutional rights.
[01:00:16.560 --> 01:00:18.560]  Privacy is under attack.
[01:00:18.560 --> 01:00:20.560]  When you give up data about yourself,
[01:00:20.560 --> 01:00:22.560]  you'll never get it back again.
[01:00:22.560 --> 01:00:25.560]  And once your privacy is gone, you'll find your freedoms
[01:00:25.560 --> 01:00:27.560]  will start to vanish, too.
[01:00:27.560 --> 01:00:28.560]  So protect your rights.
[01:00:28.560 --> 01:00:32.560]  Say no to surveillance and keep your information to yourself.
[01:00:32.560 --> 01:00:34.560]  Privacy, it's worth hanging on to.
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[01:00:45.560 --> 01:00:48.560]  Imagine your mom and dad are getting ready for bed.
[01:00:48.560 --> 01:00:51.560]  They pull back the covers and find a third party there.
[01:00:51.560 --> 01:00:54.560]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.560 --> 01:00:57.560]  That shocking image of a third party in my parents' bed
[01:00:57.560 --> 01:01:00.560]  reminds me what the Third Amendment was designed to prevent.
[01:01:00.560 --> 01:01:03.560]  It protects us from being forced to share our homes with soldiers,
[01:01:03.560 --> 01:01:06.560]  a common demand in the days of our founding fathers.
[01:01:06.560 --> 01:01:08.560]  Third party, Third Amendment? Get it?
[01:01:08.560 --> 01:01:10.560]  So if you answer a knock at your door
[01:01:10.560 --> 01:01:12.560]  and guys in fatigues demand lodging,
[01:01:12.560 --> 01:01:14.560]  tell them to dust off their copy of the Bill of Rights
[01:01:14.560 --> 01:01:16.560]  and reread the Third Amendment.
[01:01:16.560 --> 01:01:18.560]  I'm Dr. Catherine Albrecht.
[01:01:18.560 --> 01:01:21.560]  For more news and information at CatherineAlbrecht.com.
[01:01:31.560 --> 01:01:35.560]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.560 --> 01:01:38.560]  They guarantee the specific freedoms Americans should know and protect.
[01:01:38.560 --> 01:01:40.560]  Our liberty depends on it.
[01:01:40.560 --> 01:01:43.560]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:01:43.560 --> 01:01:46.560]  to remember one of your constitutional rights.
[01:01:46.560 --> 01:01:48.560]  Privacy is under attack.
[01:01:48.560 --> 01:01:51.560]  When you give up data about yourself, you'll never get it back again.
[01:01:51.560 --> 01:01:56.560]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:56.560 --> 01:01:59.560]  So protect your rights, say no to surveillance,
[01:01:59.560 --> 01:02:01.560]  and keep your information to yourself.
[01:02:01.560 --> 01:02:04.560]  Privacy, it's worth hanging on to.
[01:02:04.560 --> 01:02:07.560]  This public service announcement is brought to you by StartPage.com,
[01:02:07.560 --> 01:02:11.560]  the private search engine alternative to Google, Yahoo, and Bing.
[01:02:11.560 --> 01:02:14.560]  Start over with StartPage.
[01:02:14.560 --> 01:02:18.560]  Imagine four eyes staring at you through binoculars,
[01:02:18.560 --> 01:02:21.560]  a magnifying glass, or a pair of x-ray goggles.
[01:02:21.560 --> 01:02:25.560]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom
[01:02:25.560 --> 01:02:27.560]  from unreasonable search and seizure.
[01:02:27.560 --> 01:02:30.560]  Fourth Amendment? Four eyes staring at you? Get it?
[01:02:30.560 --> 01:02:33.560]  Unfortunately, the government is trampling our Fourth Amendment rights
[01:02:33.560 --> 01:02:35.560]  in the name of security.
[01:02:35.560 --> 01:02:39.560]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:39.560 --> 01:02:43.560]  When government employees demand a peep at your privates without probable cause,
[01:02:43.560 --> 01:02:46.560]  I say it's time to sound the constitutional alarm bells.
[01:02:46.560 --> 01:02:49.560]  Join me in asking our representatives to dust off the Bill of Rights
[01:02:49.560 --> 01:02:53.560]  and use their googly eyes to take a gander at the Fourth.
[01:02:53.560 --> 01:03:22.560]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:23.560 --> 01:03:46.560]  OK, we are back.
[01:03:46.560 --> 01:03:54.560]  Randy Kelton, Brent Fountain, Root of Love Radio, and we're going to Stephen in Texas.
[01:03:54.560 --> 01:04:03.560]  OK, Stephen, what do you have for us today?
[01:04:03.560 --> 01:04:08.560]  Quick question, Brent. Well, either one of you.
[01:04:08.560 --> 01:04:17.560]  Anyways, some time back, Brent had mentioned that he'd used the writ of certiorari on the municipal court
[01:04:17.560 --> 01:04:25.560]  that put in a judgment and ignored his challenges to subject matter jurisdiction and such.
[01:04:25.560 --> 01:04:35.560]  That's one I wanted to use for what I was dealing with with the city of Hillsboro here in Texas.
[01:04:35.560 --> 01:04:39.560]  And I was just going to ask, he'd mentioned he had some older case laws,
[01:04:39.560 --> 01:04:42.560]  some sort that went through that he gave the judge.
[01:04:42.560 --> 01:04:46.560]  And I was going to ask, where did he end up finding that?
[01:04:46.560 --> 01:04:50.560]  I've got an older Texas Digest that has a great layout of that,
[01:04:50.560 --> 01:04:55.560]  but I'm missing that section that covers the C's and certiorari.
[01:04:55.560 --> 01:04:56.560]  Ah, OK.
[01:04:56.560 --> 01:04:59.560]  Is it something like that? Is it something like that you were looking in?
[01:04:59.560 --> 01:05:06.560]  I love those Texas Digest. I think they have great content in them.
[01:05:06.560 --> 01:05:11.560]  No, I got this from Texas Jurisprudence.
[01:05:11.560 --> 01:05:20.560]  But the writ of certiorari is actually outlined in the Texas Rules of Civil Procedure.
[01:05:20.560 --> 01:05:30.560]  So take a look at Rule 506.4, and you'll see what the grounds are
[01:05:30.560 --> 01:05:35.560]  and what it applies to, whether it fits your situation or not.
[01:05:35.560 --> 01:05:44.560]  But yeah, that's Rule 506, 506.4.
[01:05:44.560 --> 01:05:49.560]  And you can see, like what I did, you're asking about what did I send the judge.
[01:05:49.560 --> 01:05:54.560]  So this is when it went from a JP, it wasn't a municipal, it was JP,
[01:05:54.560 --> 01:06:00.560]  and it was going from there appealing to a county court.
[01:06:00.560 --> 01:06:09.560]  Well, it just so happens that I had by that time already run through all of the judges in the county and the district,
[01:06:09.560 --> 01:06:15.560]  and they had all been, had judicial misconduct complaints and criminal complaints against them,
[01:06:15.560 --> 01:06:19.560]  and none of them, they had all been disqualified.
[01:06:19.560 --> 01:06:24.560]  So they had to reach out and get a retired senior district judge
[01:06:24.560 --> 01:06:30.560]  and pull him into the county court to make this hearing, for this hearing.
[01:06:30.560 --> 01:06:39.560]  And he told me to my face, he's planning on denying my, he's not going to issue this writ.
[01:06:39.560 --> 01:06:48.560]  So he said, but you know, I'm going to give you, I'll give you five days and if you can come up with some reason to change my mind.
[01:06:48.560 --> 01:06:50.560]  I said, yeah, no problem.
[01:06:50.560 --> 01:07:05.560]  So what I sent him was largely just straight out of Texas jurisprudence in a section about jurisdiction
[01:07:05.560 --> 01:07:14.560]  and where it describes how jurisdiction is very different from just the geographical,
[01:07:14.560 --> 01:07:23.560]  territorial kind of dotted lines that is really the only part that these municipal courts and JP's want to pay attention to.
[01:07:23.560 --> 01:07:32.560]  They say, if something bad happened, we claim that something bad happened inside these dotted lines, then we have jurisdiction.
[01:07:32.560 --> 01:07:40.560]  No, you do not. So it has to be activated.
[01:07:40.560 --> 01:07:50.560]  Their jurisdiction is only latent or dormant, and it has to be activated by the due process of law happening.
[01:07:50.560 --> 01:07:56.560]  There's certain paperwork that has to be in place and it has to be filed by an authorized individual and so forth.
[01:07:56.560 --> 01:08:02.560]  So I just pulled this straight out of Texas jurisprudence.
[01:08:02.560 --> 01:08:08.560]  And, you know, of course it comes with a whole lot of case law to back up every sentence that's in there.
[01:08:08.560 --> 01:08:19.560]  And that's what I gave to him. It was the same thing I had been saying before, but this time I said it from the words of Texas jurisprudence.
[01:08:19.560 --> 01:08:27.560]  And the next morning, he immediately went in my favor when he said he wasn't going to.
[01:08:27.560 --> 01:08:38.560]  He didn't even wait. He told the, in court, he told me I'm standing on one side and it's supposed to be the respondent is the judge
[01:08:38.560 --> 01:08:42.560]  who had been doing everything wrong without any jurisdiction at all.
[01:08:42.560 --> 01:08:51.560]  That's for the hearing of this issuance of the writ of certiorari. And the judge didn't show up.
[01:08:51.560 --> 01:09:01.560]  Instead, I've got this kid who sometimes helps one of the county attorney's offices.
[01:09:01.560 --> 01:09:08.560]  It's not even the county attorney of the county where that is. He's in the next county over. He helps out in their office.
[01:09:08.560 --> 01:09:13.560]  Like, what are you a part-time? What is this guy even doing here?
[01:09:13.560 --> 01:09:22.560]  And so I made a point to say, look, your honor, the respondent didn't show up.
[01:09:22.560 --> 01:09:28.560]  You know, I could just ask you to rule in my favor. Texas government code 28031. He didn't even show up.
[01:09:28.560 --> 01:09:35.560]  You could just, you know, give me a judgment by default. We can skip all of this.
[01:09:35.560 --> 01:09:45.560]  This judge didn't want to do that. He wanted to not issue the writ, and he didn't want to do it in my favor.
[01:09:45.560 --> 01:09:50.560]  But then when I put all of this law in front of him, what else can he do?
[01:09:50.560 --> 01:09:57.560]  Go against the whole chunk of Texas jurisprudence? He's not going to be able to do that.
[01:09:57.560 --> 01:10:04.560]  He knows I'm going to hold his feet to the fire. The whole reason why he's sitting there is because a whole string of judges got disqualified.
[01:10:04.560 --> 01:10:11.560]  He knows he can't, you know, veer off onto his own agenda.
[01:10:11.560 --> 01:10:19.560]  So, you know, that's what that was.
[01:10:19.560 --> 01:10:29.560]  Yes, I'd like to run the legal library or whatever to find on that.
[01:10:29.560 --> 01:10:36.560]  I want to I'm going to use that angle among a couple of things. Well, I appreciate y'all's time.
[01:10:36.560 --> 01:10:46.560]  I've been completely swamped with personal life, work and family. And there is anything else I haven't been able to help out anymore with the.
[01:10:46.560 --> 01:10:51.560]  Anything else I can't even help myself find time to help myself as much as I thought I could.
[01:10:51.560 --> 01:11:01.560]  Now, number one, I want to say I greatly appreciate y'all. Just a voice of reason on the on the radio a couple of times a week.
[01:11:01.560 --> 01:11:05.560]  More than greatly appreciated.
[01:11:05.560 --> 01:11:15.560]  Sometimes I doubt myself so much, I don't even know why I even bothered to fight with these people and say what's right is right and what's wrong is wrong.
[01:11:15.560 --> 01:11:21.560]  And that's what it is. It's what have you sued them yet?
[01:11:21.560 --> 01:11:27.560]  And I have not got I've only made the notice of the claim. I haven't got to sue him personally for anybody.
[01:11:27.560 --> 01:11:32.560]  That's when the fun starts.
[01:11:32.560 --> 01:11:39.560]  And of course, you get your you get the full two year statute of limitations for personal.
[01:11:39.560 --> 01:11:50.560]  Though I've just been hitting up anything that was, you know, on the front burner first.
[01:11:50.560 --> 01:11:54.560]  We certainly understand having too much to do.
[01:11:54.560 --> 01:12:04.560]  I really thought I could help out some more with the fill up in the county up north of us and everything else.
[01:12:04.560 --> 01:12:09.560]  And then we take companies changed with changed ownership.
[01:12:09.560 --> 01:12:14.560]  And I've had more stuff thrown on my plate work wise and raising kids.
[01:12:14.560 --> 01:12:18.560]  And I have family, dads and all that kind of stuff.
[01:12:18.560 --> 01:12:23.560]  But listen, I appreciate the voice of reason that y'all give.
[01:12:23.560 --> 01:12:30.560]  I can't express any more of the fact that that's kind of the fact I keep one of the reasons why I keep going because I know what's right.
[01:12:30.560 --> 01:12:37.560]  I know what it says. I'm not stupid. A notary code, notary law.
[01:12:37.560 --> 01:12:46.560]  One other thing I might throw out, y'all had a guy had to fill on a couple of weeks ago over the over the tax issue, your original law,
[01:12:46.560 --> 01:12:49.560]  where it defines a person in Texas law.
[01:12:49.560 --> 01:12:52.560]  That's exactly where that definition comes from.
[01:12:52.560 --> 01:12:55.560]  If you'll go back through Vernon's laws, it gives you every case.
[01:12:55.560 --> 01:13:02.560]  Right. Isn't it gives you every referencing in Vernon's code. You keep following it back to the 1878 law.
[01:13:02.560 --> 01:13:06.560]  That's exactly where it comes from. Person of the corporation.
[01:13:06.560 --> 01:13:09.560]  Come straight out of the taxation code.
[01:13:09.560 --> 01:13:20.560]  Well, a person can be a corporation is construed as a person for the purpose of certain rights.
[01:13:20.560 --> 01:13:30.560]  So it's not that a corporation is a human being person in this case is essentially a legal fiction.
[01:13:30.560 --> 01:13:35.560]  So it can be a legal fiction.
[01:13:35.560 --> 01:13:43.560]  I just thought, again, I was just saying, if you keep going back to the case law, it's exactly where the point of origin is.
[01:13:43.560 --> 01:13:51.560]  When you go, it's in your general. I don't have it in front of me.
[01:13:51.560 --> 01:14:00.560]  But if you keep going through Vernon's 1925, leads you back to 1911, leads you back to was 1898 or 18 or whatever that,
[01:14:00.560 --> 01:14:08.560]  and then back to the original Vernon's and it tells you what in the original general laws passed by the state of Texas,
[01:14:08.560 --> 01:14:16.560]  going to gamble and that's the exact one that it goes back to for the general definitions for the code.
[01:14:16.560 --> 01:14:21.560]  And anyways, I'll leave it at that. I got 20 more days.
[01:14:21.560 --> 01:14:24.560]  Someday I'll dig in the taxation and then time play with them.
[01:14:24.560 --> 01:14:30.560]  Yet like this, not big enough burden on me at the moment that I got time to mess with it.
[01:14:30.560 --> 01:14:34.560]  OK, well, hang in there.
[01:14:34.560 --> 01:14:41.560]  When you start suing them, that's when the fun starts and you're getting the background you need to do that with.
[01:14:41.560 --> 01:14:49.560]  Well, and that's one of the reasons why what you guys teach on records requests is one of the greatest things,
[01:14:49.560 --> 01:14:53.560]  because every record request is admissible as evidence under the rules.
[01:14:53.560 --> 01:15:00.560]  So they can't go back and claim that they got something else as a record afterwards. If they did, they committed a different crime.
[01:15:00.560 --> 01:15:05.560]  Yes. Part of this is I already know what I'm going to get.
[01:15:05.560 --> 01:15:09.560]  So when I give a list of stuff for disclosure in the court case,
[01:15:09.560 --> 01:15:15.560]  I'm going to pretty much put everything I had in there for records requests and if they can't come back with anything else,
[01:15:15.560 --> 01:15:18.560]  I already know what it is. I'm in the corner.
[01:15:18.560 --> 01:15:24.560]  And that sounds like you're saying that goes to judicial estoppel.
[01:15:24.560 --> 01:15:31.560]  If they can't come back with anything else and if they did have anything else, it was a crime.
[01:15:31.560 --> 01:15:37.560]  Good. OK, well, thank you, Stephen.
[01:15:37.560 --> 01:15:42.560]  I hope you get caught up and go back to having fun with them.
[01:15:42.560 --> 01:15:48.560]  OK, now we're going to go to Eric in Massachusetts. Hello, Eric.
[01:15:48.560 --> 01:15:51.560]  Hello, gentlemen. Hey, this is a great show.
[01:15:51.560 --> 01:15:58.560]  And I hope you get it up on archive as soon as possible, because I'd listen to this show right after we finish.
[01:15:58.560 --> 01:16:03.560]  This is such a good show. This episode right here today, I got a couple of questions.
[01:16:03.560 --> 01:16:05.560]  I'm still dealing with sort of a landlord issue.
[01:16:05.560 --> 01:16:10.560]  So I had a generic question and then lead into my specific question.
[01:16:10.560 --> 01:16:20.560]  So you spoke to Tina on the 14th of July and you said that a declaratory judgment cannot have any other component to it.
[01:16:20.560 --> 01:16:26.560]  Like you can't have a monetary damage associated with a declaratory judgment.
[01:16:26.560 --> 01:16:29.560]  OK, well, let me clarify. Yeah.
[01:16:29.560 --> 01:16:36.560]  You can file it for a declaratory judgment with a suit with a claimant,
[01:16:36.560 --> 01:16:40.560]  but the declaratory judgment portion of the suit has to be separate.
[01:16:40.560 --> 01:16:44.560]  And that's in some states. You can't do that in the Fed.
[01:16:44.560 --> 01:16:50.560]  You could do that in Texas and you'd have to check Massachusetts law to see if you could combine the two in one suit.
[01:16:50.560 --> 01:16:55.560]  Hang on. Randy Kelton, Brett Fountain, Wheel of Law Radio.
[01:16:55.560 --> 01:16:59.560]  I'm not going to give out the call in number. We'll be right back.
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[01:17:59.560 --> 01:18:04.560]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.560 --> 01:18:08.560]  I'm so addicted to the truth now that there's no going back. I need my truth fixed.
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[01:18:13.560 --> 01:18:20.560]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't have any money to give because I spent it all on supplements.
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[01:19:35.560 --> 01:19:46.560]  If I can't get everything I want, I need to get a range, yeah.
[01:19:46.560 --> 01:19:57.560]  If I can't get everything I need, I need to get a range, yeah.
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[01:20:20.560 --> 01:20:27.560]  Okay, we are back. Randy Kelton, Brett Fountain, Blue's Law Radio, and we're talking to Eric in Massachusetts.
[01:20:27.560 --> 01:20:30.560]  Okay, Eric, where were we?
[01:20:30.560 --> 01:20:37.560]  You were just, we were talking about the declaratory judgment and how it can have, which is good.
[01:20:37.560 --> 01:20:44.560]  In the state, it can have a component of a monetary claim, but also a declaratory judgment unrelated to the claim.
[01:20:44.560 --> 01:20:48.560]  But that was not a part of the Fed, which is potentially a problem for me.
[01:20:48.560 --> 01:20:55.560]  I filed a suit in Texas and I had, the first part of it was a declaratory judgment.
[01:20:55.560 --> 01:21:00.560]  And then I went to the civil claim.
[01:21:00.560 --> 01:21:08.560]  But apparently you can have them together in one suit in some states and some you can't.
[01:21:08.560 --> 01:21:12.560]  So you have to check your, I like the idea.
[01:21:12.560 --> 01:21:19.560]  I took out the declaratory judgment because I like the idea of having them completely separate.
[01:21:19.560 --> 01:21:29.560]  If you're trying to get a declaratory judgment, you really don't want the judge distracted with other stuff.
[01:21:29.560 --> 01:21:41.560]  Because if you have your suit, he's going to see that you're trying to get the declaratory judgment in order to undermine the other party's position.
[01:21:41.560 --> 01:21:45.560]  And that's likely to prejudice the judge.
[01:21:45.560 --> 01:21:56.560]  So if you file the petition for declaratory judgment first, then you're just asking a question on point of law.
[01:21:56.560 --> 01:22:03.560]  And he may realize you're trying to get this so you can file a suit, but he has no idea of what it is.
[01:22:03.560 --> 01:22:09.560]  So it's not as likely to enter into his considerations.
[01:22:09.560 --> 01:22:11.560]  Okay.
[01:22:11.560 --> 01:22:13.560]  Here I'm not speaking to law.
[01:22:13.560 --> 01:22:17.560]  I'm just speaking to how human beings tend to function.
[01:22:17.560 --> 01:22:21.560]  Yeah, and strategy, which I appreciate.
[01:22:21.560 --> 01:22:25.560]  Okay, so let me do a quick review on what we talked about on the 21st of July.
[01:22:25.560 --> 01:22:29.560]  So I have a tenant who doesn't have a lease.
[01:22:29.560 --> 01:22:35.560]  I gave them an eviction notice and said, hey, in 30 days, please move out.
[01:22:35.560 --> 01:22:45.560]  And then she went to the health department and then the health department makes a basically to some extent a bogus write-up or some issues that were bogus.
[01:22:45.560 --> 01:22:49.560]  And gives it to the tenant.
[01:22:49.560 --> 01:22:54.560]  The tenant now submits some bogus evidence to the court.
[01:22:54.560 --> 01:22:58.560]  And the judge was a little bit rough with me.
[01:22:58.560 --> 01:23:11.560]  He didn't allow me to move my motion for the hold rent and threatened me in the first hearing.
[01:23:11.560 --> 01:23:15.560]  And then he accepted this.
[01:23:15.560 --> 01:23:21.560]  He actually accepted this evidence and without even telling me it's not on the record and I don't have a copy of it.
[01:23:21.560 --> 01:23:24.560]  So I had to find it myself in the same thing.
[01:23:24.560 --> 01:23:29.560]  In the second hearing, he told me to get an attorney.
[01:23:29.560 --> 01:23:39.560]  So when we, the three of us were talking on the 21st, we talked about how this was like an improper taking criminal enterprise to deny the landlord their rent.
[01:23:39.560 --> 01:23:41.560]  So the whole, all of Massachusetts.
[01:23:41.560 --> 01:23:46.560]  And I sent Brett the three laws that I'd like to get rid of.
[01:23:46.560 --> 01:23:55.560]  Which is basically how they're allowing people to stay in their apartment without merit.
[01:23:55.560 --> 01:24:02.560]  They're extending their tenancy without really having a merit based on supposed health issues.
[01:24:02.560 --> 01:24:06.560]  So if they had a lease, sure, fine, maybe.
[01:24:06.560 --> 01:24:14.560]  But if they don't, what right do they get to, do the courts get to say, well, you can stay there until they fix this?
[01:24:14.560 --> 01:24:20.560]  Isn't this where we spoke to Imminent Domain?
[01:24:20.560 --> 01:24:24.560]  We did not speak of Imminent Domain.
[01:24:24.560 --> 01:24:28.560]  Okay, this sounds like an improper taking.
[01:24:28.560 --> 01:24:32.560]  Yeah, exactly. That's one of the things that we came up with.
[01:24:32.560 --> 01:24:37.560]  Sort of like the last thing that we kind of came up with and everyone went, aha, that makes sense.
[01:24:37.560 --> 01:24:41.560]  Yeah, that's the Imminent Domain challenge.
[01:24:41.560 --> 01:24:52.560]  Okay, so, you know, what I was thinking of doing is taking the tenant and the health department and the city
[01:24:52.560 --> 01:25:01.560]  and taking them to state court and filing, you know, abuse of process and fraud and what have you as a separate case.
[01:25:01.560 --> 01:25:08.560]  But then, you know, taking the judge, either taking the judge to federal or taking the issues to federal court
[01:25:08.560 --> 01:25:12.560]  and saying, hey, and doing a declaratory judgment, hey, these aren't...
[01:25:12.560 --> 01:25:19.560]  No, I don't see how you can get to the judge.
[01:25:19.560 --> 01:25:25.560]  These acts are within his discretion and they're within scope.
[01:25:25.560 --> 01:25:29.560]  Well, the right to adjudicate my case and the right to counsel.
[01:25:29.560 --> 01:25:34.560]  So he told me to get an attorney.
[01:25:34.560 --> 01:25:39.560]  He won't let me adjudicate my own case, so he won't let me, he doesn't, he's given me not the right to counsel.
[01:25:39.560 --> 01:25:42.560]  He also doesn't have the right to threaten me.
[01:25:42.560 --> 01:25:45.560]  That should have gotten a motion to go to a higher court.
[01:25:45.560 --> 01:25:50.560]  Yeah, motion to disqualify.
[01:25:50.560 --> 01:25:53.560]  Should they charge him criminally?
[01:25:53.560 --> 01:25:56.560]  Well, you know, I think that's, so that's how I'm going to get rid of him.
[01:25:56.560 --> 01:26:05.560]  I'm going to do a couple, a couple judicial complaints and then motion to get rid of them.
[01:26:05.560 --> 01:26:15.560]  So, you know, I don't know if I should file a criminal on that also.
[01:26:15.560 --> 01:26:18.560]  Yeah, official misconduct.
[01:26:18.560 --> 01:26:20.560]  Yeah, that's what I'd do.
[01:26:20.560 --> 01:26:23.560]  If he commits a crime, report it.
[01:26:23.560 --> 01:26:28.560]  If he violates his code of judicial conduct, report it.
[01:26:28.560 --> 01:26:34.560]  And then put in a motion for judicial disqualification.
[01:26:34.560 --> 01:26:36.560]  Okay.
[01:26:36.560 --> 01:26:43.560]  But how do I, how do I take these three laws and get them to the federal court?
[01:26:43.560 --> 01:26:45.560]  Because the state would never overturn them.
[01:26:45.560 --> 01:26:50.560]  How would I, how do I take them to the federal court to get them overturned?
[01:26:50.560 --> 01:26:55.560]  Because that's where the, the judge has, the judges have these powers.
[01:26:55.560 --> 01:26:58.560]  Imminent domain.
[01:26:58.560 --> 01:27:02.560]  That's why we went to imminent domain, because it got you right to the Fed.
[01:27:02.560 --> 01:27:06.560]  Okay. Improper taking, imminent domain, same thing?
[01:27:06.560 --> 01:27:12.560]  Yeah, you have a, you have a right to your, they're interfering with a private contract.
[01:27:12.560 --> 01:27:16.560]  That's one federal challenge.
[01:27:16.560 --> 01:27:26.560]  And they're denying, okay, they're taking your property without compensation.
[01:27:26.560 --> 01:27:27.560]  Yeah.
[01:27:27.560 --> 01:27:30.560]  Giving it to somebody else.
[01:27:30.560 --> 01:27:40.560]  Here's an amazing story. So I called an attorney who I saw on the Zoom hearing and he was also representing his own property or something.
[01:27:40.560 --> 01:27:51.560]  So he was telling me a story where the judge actually, the same judge, signed an eviction notice and then came back and took it back from him.
[01:27:51.560 --> 01:27:55.560]  Like signed off on an eviction and the tenant's like, oh, I can't move out until next month.
[01:27:55.560 --> 01:27:58.560]  So he came back and took it away from him.
[01:27:58.560 --> 01:28:00.560]  How crazy is that?
[01:28:00.560 --> 01:28:02.560]  What?
[01:28:02.560 --> 01:28:05.560]  Yeah.
[01:28:05.560 --> 01:28:14.560]  Well, it sounds like the judge can change his mind based on new evidence.
[01:28:14.560 --> 01:28:16.560]  Really? I mean.
[01:28:16.560 --> 01:28:28.560]  Yeah. If they issue an eviction notice against me, I'm going to go in and ask the judge to rescind it.
[01:28:28.560 --> 01:28:30.560]  He can do that.
[01:28:30.560 --> 01:28:32.560]  What's that?
[01:28:32.560 --> 01:28:36.560]  That's within the judge's discretion.
[01:28:36.560 --> 01:28:39.560]  He does have the ability to take away.
[01:28:39.560 --> 01:28:42.560]  Yeah, he can rescind any order.
[01:28:42.560 --> 01:28:43.560]  Oh, all right.
[01:28:43.560 --> 01:28:47.560]  Lawyers ask him to do that all the time.
[01:28:47.560 --> 01:28:50.560]  Okay, reconsideration, I guess, though.
[01:28:50.560 --> 01:28:52.560]  Yeah.
[01:28:52.560 --> 01:28:57.560]  So that's not so crazy. That lawyer should know that.
[01:28:57.560 --> 01:29:03.560]  But does he have the ability to do it on his own accord?
[01:29:03.560 --> 01:29:05.560]  Yes.
[01:29:05.560 --> 01:29:07.560]  Okay.
[01:29:07.560 --> 01:29:09.560]  Yeah, he can do that.
[01:29:09.560 --> 01:29:11.560]  Okay.
[01:29:11.560 --> 01:29:21.560]  So again, if I want to try and get rid of these laws, I have to approach it from, you know, improper taking and what have you.
[01:29:21.560 --> 01:29:29.560]  Yeah. And this is a brand new ruling just a couple of months ago, two or three months ago.
[01:29:29.560 --> 01:29:31.560]  What is?
[01:29:31.560 --> 01:29:35.560]  This case on improper taking.
[01:29:35.560 --> 01:29:38.560]  Oh, all right. What is it? What's the number on it or what's the name?
[01:29:38.560 --> 01:29:50.560]  I don't have it in my head, but if you do a search on eminent domain, Supreme Court eminent domain, you'll get a hit on it.
[01:29:50.560 --> 01:29:52.560]  Okay. Do you have anything else for the other side?
[01:29:52.560 --> 01:29:54.560]  I don't. That's good. Thanks so much.
[01:29:54.560 --> 01:29:56.560]  Okay. Thank you. Okay.
[01:29:56.560 --> 01:29:58.560]  Ready, Kelton?
[01:29:58.560 --> 01:30:00.560]  We'll be right back.
[01:30:00.560 --> 01:30:04.560]  A top cybersecurity expert has a warning for America.
[01:30:04.560 --> 01:30:10.560]  If you build an electrical smart grid, the hackers will come and they could cause a catastrophic blackout.
[01:30:10.560 --> 01:30:15.560]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[01:30:15.560 --> 01:30:17.560]  Privacy is under attack.
[01:30:17.560 --> 01:30:20.560]  When you give up data about yourself, you'll never get it back again.
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[01:30:25.560 --> 01:30:31.560]  So protect your rights, say no to surveillance and keep your information to yourself.
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[01:30:44.560 --> 01:30:51.560]  Governments love power, so it's only natural they'd want to control the power going into your home too with a smart grid.
[01:30:51.560 --> 01:30:58.560]  So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure.
[01:30:58.560 --> 01:31:02.560]  But cybersecurity expert David Chalk says not so fast.
[01:31:02.560 --> 01:31:07.560]  If we make the national power grid controllable through the web, hackers will have a field day.
[01:31:07.560 --> 01:31:14.560]  Working remotely, they could tap in and black out the entire nation, leaving us vulnerable to our enemies.
[01:31:14.560 --> 01:31:18.560]  I've long opposed smart meters for privacy and health reasons.
[01:31:18.560 --> 01:31:23.560]  The catastrophic failures caused by hackers, there's nothing smart about that.
[01:31:23.560 --> 01:31:30.560]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
[01:31:30.560 --> 01:31:36.560]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:33:30.560 --> 01:33:35.560]  Tools of mass capability, available for all eternity.
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[01:33:55.560 --> 01:34:00.560]  Truth in nature must be justice.
[01:34:00.560 --> 01:34:05.560]  Love is a daunting task, at least I got the piece of seed.
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[01:34:13.560 --> 01:34:35.560]  The tools of ingenuity, used against the workers of iniquity.
[01:34:35.560 --> 01:34:43.560]  Okay, we are back, Randy Kelton, we're at Fountain Rule of Law Radio, and we have Dr. Joe on the guest bridge.
[01:34:43.560 --> 01:34:52.560]  And we wanted Dr. Joe to talk about how people get stuck.
[01:34:52.560 --> 01:34:55.560]  People get stuck, that's for sure.
[01:34:55.560 --> 01:35:05.560]  Hey Randy, if you were to shine a small flashlight in somebody's eye, what would happen?
[01:35:05.560 --> 01:35:07.560]  They would squint.
[01:35:07.560 --> 01:35:12.560]  They would squint, their face would squint up. What would happen to the pupil of their eye?
[01:35:12.560 --> 01:35:18.560]  It would dilate, it would, what do you call it, one of your strings?
[01:35:18.560 --> 01:35:21.560]  It would constrict.
[01:35:21.560 --> 01:35:26.560]  It would constrict, why does it constrict?
[01:35:26.560 --> 01:35:32.560]  Limit the amount of light coming into the eye, autonomic response.
[01:35:32.560 --> 01:35:42.560]  It's an automatic response, and it's the body protecting itself from too much light, but it's just an automatic response.
[01:35:42.560 --> 01:35:44.560]  What happens to the other eye?
[01:35:44.560 --> 01:35:49.560]  Suppose you shine it in just one eye, what happens with the other eye?
[01:35:49.560 --> 01:35:56.560]  Nothing. It also responds, not to that extreme extent, but it still responds.
[01:35:56.560 --> 01:36:04.560]  What happens when you show a picture of children to a man who's had children?
[01:36:04.560 --> 01:36:09.560]  They smile, well it depends on how, generally they smile.
[01:36:09.560 --> 01:36:24.560]  Their pupils expand, their pupils expand, so a man who has had children has got some kind of physiologic response that is different than a man who has not had children.
[01:36:24.560 --> 01:36:29.560]  Alright, now is that voluntary or is that involuntary?
[01:36:29.560 --> 01:36:31.560]  Definitely involuntary.
[01:36:31.560 --> 01:36:39.560]  Completely involuntary. When you whack somebody's knee testing the patellar response, is that voluntary or involuntary?
[01:36:39.560 --> 01:36:41.560]  Involuntary.
[01:36:41.560 --> 01:36:53.560]  Completely involuntary. So there's a sense in which a tremendous number of our responses to our environment are completely involuntary.
[01:36:53.560 --> 01:37:00.560]  And it is no different, you know, all neurons can do one thing or another, they can either fire or not fire.
[01:37:00.560 --> 01:37:06.560]  And so it doesn't matter if the neuron's in your foot or in the neurons in your brain, it can either fire or not fire.
[01:37:06.560 --> 01:37:15.560]  So when you see people who have been traumatized, very often they will generate a polarity response and you say to them, this is what you ought to do.
[01:37:15.560 --> 01:37:19.560]  And they'll say, well yeah, but I thought of that before and I'm not so sure.
[01:37:19.560 --> 01:37:26.560]  And you say, well I thought it before and I've used it before and I'm sure this will help you. Why don't you go ahead and try it?
[01:37:26.560 --> 01:37:30.560]  And they'll go, well yeah, but, yeah, but I tried things before and they didn't work.
[01:37:30.560 --> 01:37:40.560]  And I'd try it, but yeah, but, yeah, but. It is involuntary, pre-programmed and automatic.
[01:37:40.560 --> 01:37:43.560]  And that is what you have to work with.
[01:37:43.560 --> 01:37:55.560]  Many times all you need to do is plug in the same response and get them to yeah, but you and then you yeah, but them and then you yeah, but them and they yeah, but you and they yeah, but you and then you yeah, but them.
[01:37:55.560 --> 01:38:02.560]  And eventually after about 10 minutes, you'll pop them out of that pre-programmed response.
[01:38:02.560 --> 01:38:10.560]  And characteristically, they won't even know that they were doing it and they won't realize that they've stopped.
[01:38:10.560 --> 01:38:12.560]  Isn't that fascinating?
[01:38:12.560 --> 01:38:14.560]  That is interesting.
[01:38:14.560 --> 01:38:23.560]  I've talked to people on the show before about this tool that I built, I call the rubber ball theory.
[01:38:23.560 --> 01:38:29.560]  And it's about interrupting automatic responses.
[01:38:29.560 --> 01:38:44.560]  And in there, in using that, I've had people dramatically change behaviors they had used all their lives and get amnesia for ever doing it.
[01:38:44.560 --> 01:38:47.560]  And I tell them, well, you're not doing that anymore.
[01:38:47.560 --> 01:38:49.560]  And I say, what are you talking about? I never did that.
[01:38:49.560 --> 01:38:58.560]  And you press them a little bit and they'll remember, but if they do it consciously, it's not near as effectively.
[01:38:58.560 --> 01:39:09.560]  But if you can get them to change automatically by changing their internal responses, they literally get amnesia.
[01:39:09.560 --> 01:39:10.560]  Absolutely.
[01:39:10.560 --> 01:39:13.560]  That is quite frequently the case.
[01:39:13.560 --> 01:39:24.560]  So the question must arise, how much of our human experience, how much of our responses are automatic?
[01:39:24.560 --> 01:39:28.560]  And that's a serious question. I'm posing it to you right now.
[01:39:28.560 --> 01:39:34.560]  How much of our experiences, how much of our brief, our responses are automatic?
[01:39:34.560 --> 01:39:49.560]  I was slow in responding because I am well aware that far more of our responses are automatic than we like to think.
[01:39:49.560 --> 01:39:54.560]  I had an interesting phenomenon occur yesterday.
[01:39:54.560 --> 01:40:09.560]  I was talking with this gal, I'd known her for a few weeks and we were talking and all of a sudden she looked at me and her color changed, her respiration changed.
[01:40:09.560 --> 01:40:14.560]  I said to myself, my goodness, this gal is falling in love with me.
[01:40:14.560 --> 01:40:20.560]  And that's not an unusual occurrence. I mean, it happens all the time to me.
[01:40:20.560 --> 01:40:26.560]  But setting that aside, I watched the neurophysiology change.
[01:40:26.560 --> 01:40:31.560]  It was I had matched a number of her specific criteria for a man.
[01:40:31.560 --> 01:40:36.560]  She had an opening in her nervous system for that kind of activity.
[01:40:36.560 --> 01:40:47.560]  And she just looked at me and she went completely unconscious and responded with all of these autonomic phenomena.
[01:40:47.560 --> 01:40:51.560]  Her breathing, just everything just changed.
[01:40:51.560 --> 01:40:58.560]  And it was completely unconscious and automatic and she had no idea what was going on.
[01:40:58.560 --> 01:41:06.560]  I could tell that she was slightly aware that she had gone through this, but certainly not completely.
[01:41:06.560 --> 01:41:11.560]  And it was very powerful, very powerful for her.
[01:41:11.560 --> 01:41:18.560]  So I know this happens to you all the time, women just fall in love with you day in and day out.
[01:41:18.560 --> 01:41:26.560]  Oh, yeah. I keep trying to convince myself of that.
[01:41:26.560 --> 01:41:35.560]  But so much of what we do, so much of what we experience, whether we have a polarity response and say no, no, no, or yeah, but, yeah, but, yeah, but.
[01:41:35.560 --> 01:41:44.560]  Or if we have a congruent response and we tend to be agreeable, all of this, much of this is preprogrammed.
[01:41:44.560 --> 01:41:51.560]  And it's very important to be kind of thoughtful of how you're responding.
[01:41:51.560 --> 01:41:57.560]  If you're not enjoying your life and if you don't have the optimal human experience,
[01:41:57.560 --> 01:42:03.560]  then there are some tools that can be applied to bring you closer to that optimal human experience.
[01:42:03.560 --> 01:42:14.560]  Life is very short and there's no real reason to spend it saying yeah, but or being disagreeable or not getting the things that you want out of life.
[01:42:14.560 --> 01:42:24.560]  And this search for the optimal human experience and the behavioral engineering technology that goes along with it has been a has been a real treat for me.
[01:42:24.560 --> 01:42:30.560]  I've really enjoyed this a lot. So what do you have to say there, Mr.
[01:42:30.560 --> 01:42:39.560]  Calvin? Well, that's for me, that's been a study most of my life.
[01:42:39.560 --> 01:42:45.560]  I came back from Vietnam and I was badly broken.
[01:42:45.560 --> 01:42:49.560]  I knew I was broken, but I didn't know how I was broken.
[01:42:49.560 --> 01:42:54.560]  So I realized I was broken once. I did something really bad.
[01:42:54.560 --> 01:43:04.560]  I beat up a guy really bad and his wife hit me across the back of the head with a two by four while I was working this guy over.
[01:43:04.560 --> 01:43:08.560]  And the two before broke across the back of my neck.
[01:43:08.560 --> 01:43:13.560]  It was a crappy two before. Fortunately for me, she might have killed me.
[01:43:13.560 --> 01:43:18.560]  But I went down and came back up and I thought, boy, this guy can hit.
[01:43:18.560 --> 01:43:25.560]  But I had his arms pinned and he couldn't. And I looked up and this woman was standing there with a broken two by four.
[01:43:25.560 --> 01:43:32.560]  When I looked up at her, she had this look of mortal terror in her eyes.
[01:43:32.560 --> 01:43:44.560]  And I thought my father would roll over in his grave if he knew his son put a woman in fear of her life.
[01:43:44.560 --> 01:43:52.560]  And that made me realize I was kind of crazy. And I went to my best friend and told him, Gary, do you know why I was crazy?
[01:43:52.560 --> 01:43:59.560]  He leaned across the table, looked me right in the eye and he said, yeah, I knew. I said, why didn't you?
[01:43:59.560 --> 01:44:05.560]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
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[01:46:23.560 --> 01:46:46.560]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, here with our special guest, Dr. Joe D'Aruzzo.
[01:46:46.560 --> 01:46:54.560]  And the story, I beat up this woman's husband, kind of a long story how I got there.
[01:46:54.560 --> 01:46:58.560]  He threatened me, and that was my crazy. I had this wacko thing.
[01:46:58.560 --> 01:47:07.560]  When I was growing up, I would have these dreams that someone was dragging me out of the house, dragging my mother out of the house by the hair of her head.
[01:47:07.560 --> 01:47:12.560]  And she's begging me to help her, but I couldn't.
[01:47:12.560 --> 01:47:17.560]  I couldn't hardly move, and the harder I struggled, the worse it got.
[01:47:17.560 --> 01:47:24.560]  And then I'd finally pass out. Well, when I was awake, I was bad news.
[01:47:24.560 --> 01:47:28.560]  All you had to do was threaten me, and that's what her husband did.
[01:47:28.560 --> 01:47:40.560]  And my father-in-law said I ran with my hands over my head and grabbed him, picked him up to the ends of my arms, threw him down so hard that his feet were at my shoulder level when his shoulders hit the ground.
[01:47:40.560 --> 01:47:48.560]  And I had his arms pinned and was pounding him, and his wife hit me with a two-by-four, and it broke.
[01:47:48.560 --> 01:47:55.560]  And then I looked up at her, and she was terrified. She was certain I was going to kill her.
[01:47:55.560 --> 01:48:04.560]  Well, that violated all of my rules. And for the first time, I realized this is crazy.
[01:48:04.560 --> 01:48:13.560]  I went to my best friend who remarried sister, so he's my brother-in-law, and I was sitting at the table with him, and I said, Gary, do you know why it's crazy?
[01:48:13.560 --> 01:48:23.560]  He said, yeah, I knew. Why didn't you tell me? He leaned across the table, looked me right in the eye, and he said, I did.
[01:48:23.560 --> 01:48:37.560]  Okay, the other words he used, and that was intriguing. Here I was, a fully functioning adult in my native culture. I spoke the language.
[01:48:37.560 --> 01:48:50.560]  What was the problem? Well, the problem was, is I was crazy, but I wasn't consciously crazy. I was crazy somewhere else.
[01:48:50.560 --> 01:49:00.560]  And while Gary tried to tell me that I was crazy, he was trying to tell me in the conscious part, but I wasn't crazy in the conscious part.
[01:49:00.560 --> 01:49:14.560]  I was perfectly sane and normal and absolutely a rational human being. And I used my rational mind to do what I did, what it does best, is I rationalized.
[01:49:14.560 --> 01:49:29.560]  You rationalized. I rationalized all my crazy behavior. I'm pulling out of a parking lot into a street right next to a red light, and this guy run up and block me.
[01:49:29.560 --> 01:49:35.560]  I had his wife roll down the window, and he leaned across. His wife started calling me every kind of name he could think of.
[01:49:35.560 --> 01:49:49.560]  My brother-in-law said I threw the door open, took three steps, and dove over the car and slid over the top of the car. And this was before air conditioners, and it was in the summer and hot, so he had his window down.
[01:49:49.560 --> 01:49:58.560]  And as I slid off the other side, I reached in and grabbed him, and anchored me, and my feet hit the ground and snatched him out the window.
[01:49:58.560 --> 01:50:10.560]  I had this guy with his feet off the ground holding him up in the air, and my brother-in-law put his hand on my shoulder and said, you can put him down now.
[01:50:10.560 --> 01:50:18.560]  And it was like I kind of woke up. But I rationalized that away. The guy deserved it.
[01:50:18.560 --> 01:50:28.560]  He had kids in the back seat, two little kids back there, and they watched me snatch his father right through the window. I mean, that was nuts.
[01:50:28.560 --> 01:50:44.560]  And that got me digging and looking for answers. And Dr. Joe mentioned this out of consciousness behavior on the break, and that brought this back.
[01:50:44.560 --> 01:51:00.560]  I had that, and I had it big time. And I spent the last 50 years researching. My primary study is not law, it's psychology.
[01:51:00.560 --> 01:51:16.560]  But next to Dr. Joe, I don't know, squat. So Dr. Joe, can I fix this myself, or do I need other people to interrupt me to help me fix it?
[01:51:16.560 --> 01:51:30.560]  You know, it really has to do with the structure of unconscious learning. I was working with a fellow today, and I said, think of a maladaptive state.
[01:51:30.560 --> 01:51:41.560]  There was an accident outside, and it made him fearful. And then I said, use that as a trigger to immediately go to a more resourceful state.
[01:51:41.560 --> 01:51:48.560]  And he put his head down and had a feeling of strength and security from a positive prenatal experience.
[01:51:48.560 --> 01:52:01.560]  And then I said, go to a sense of self-empowerment where you can do anything. Whatever my mind can achieve, I can conceive and believe I can achieve.
[01:52:01.560 --> 01:52:13.560]  And then I had him go to the eyes, lateral, right, left, right, left, right, left, just turn on his whole brain. And we researched, we worked on that sequence,
[01:52:13.560 --> 01:52:20.560]  we rehearsed it three or four times, and then I said, okay, there's been an accident outside.
[01:52:20.560 --> 01:52:28.560]  And he immediately went to a resourceful state, a state of self-empowerment, and then a state of creativity.
[01:52:28.560 --> 01:52:40.560]  And it's just like Mary had a little lamp. Once you get the key and you can trigger it, your mind, your brain, your autonomic nervous system
[01:52:40.560 --> 01:52:49.560]  will automatically take you to a resourceful state and then to a creative state. All you have to do is wire it in step by step.
[01:52:49.560 --> 01:53:02.560]  And we did that for just about everything in his life, his relationships, his money, the degree of accomplishment he had professionally.
[01:53:02.560 --> 01:53:13.560]  And he was a different man in about an hour, and he was far happier. So I look at these things as what can we wire in to optimize the human experience
[01:53:13.560 --> 01:53:22.560]  and how can we do it so that it occurs automatically so that your life experience becomes more enjoyable, more productive, more satisfying,
[01:53:22.560 --> 01:53:30.560]  and you have an experience just a wonderful, wonderful, wonderful time. And it's by design and it's engineered.
[01:53:30.560 --> 01:53:33.560]  Have you ever heard anything about engineering, Randy?
[01:53:33.560 --> 01:53:36.560]  I've heard a little bit about engineering.
[01:53:36.560 --> 01:53:47.560]  When you when you engineer something, if you're good at engineering and if you're good at behavioral engineering, you can do wonderful things for people.
[01:53:47.560 --> 01:53:55.560]  And it's a specialty. It's a real specialty. I'm very pleased to be associated with it.
[01:53:55.560 --> 01:53:59.560]  What tools do you use?
[01:53:59.560 --> 01:54:02.560]  Sort of.
[01:54:02.560 --> 01:54:03.560]  What tools?
[01:54:03.560 --> 01:54:15.560]  That tells me what I can do to change autonomic behaviors once I'm consciously aware of those autonomic behaviors.
[01:54:15.560 --> 01:54:24.560]  But we were talking to Jane earlier and I talked to Jane quite a bit.
[01:54:24.560 --> 01:54:38.560]  We have a telegram channel where we've been talking a lot and I've been really frustrated with her. It took me quite a while to realize why I'm having these internal negative responses.
[01:54:38.560 --> 01:54:46.560]  It took a while to put it together, but I could see it because I didn't have it.
[01:54:46.560 --> 01:54:52.560]  I got my own issues, but I didn't have that one. So I can see that one.
[01:54:52.560 --> 01:55:09.560]  What tools do we have available that can cause our own autonomic behaviors to move from the autonomic response to a conscious awareness?
[01:55:09.560 --> 01:55:21.560]  If you ask any psychologist, they will tell you that working on yourself is probably the toughest thing you can do because you can't see where you're having problems.
[01:55:21.560 --> 01:55:28.560]  You're there and you can become aware of it because your life doesn't work well in these categories, but it's tough to see it.
[01:55:28.560 --> 01:55:33.560]  But the tool that I use all the time is just simple Pavlovian conditioning.
[01:55:33.560 --> 01:55:49.560]  There was a time when B.F. Skinner was asked to work with a pill company and they wanted to improve the grade of pills that they produced and produce fewer pills that were not properly shaped.
[01:55:49.560 --> 01:55:57.560]  He trained a bunch of pigeons and he got them to knock over, peck away all of the pills that were not properly formed.
[01:55:57.560 --> 01:56:02.560]  They could do it much better than humans once they had learned how to do it.
[01:56:02.560 --> 01:56:09.560]  Once he had turned them, trained them, then you have operant conditioning, straight Pavlovian conditioning.
[01:56:09.560 --> 01:56:20.560]  That is, in my mind, that's one of the most powerful tools you can ever have. It operates at the unconscious level and it always works.
[01:56:20.560 --> 01:56:43.560]  How do we get to internal responses that we don't know we have with someone else? How do we bring that automatic response up into the conscious awareness?
[01:56:43.560 --> 01:56:52.560]  Almost always, a good place to start is just a strong sense of strength, security and dignity.
[01:56:52.560 --> 01:56:59.560]  What I do is I put people in the prenatal position with their head down, their hands up near their face,
[01:56:59.560 --> 01:57:08.560]  and tell them to take a deep breath and imagine what it's like to be in utero and floating the amniotic fluid and all is well.
[01:57:08.560 --> 01:57:14.560]  Characteristically, you can get them to access that state. Sometimes it takes some work.
[01:57:14.560 --> 01:57:20.560]  But from that point forward, almost everybody can get to a very resourceful state.
[01:57:20.560 --> 01:57:30.560]  Then the next step is whole-brain creativity, using the eyes and the optic nerve to electrochemically excite the entire brain.
[01:57:30.560 --> 01:57:38.560]  Then solutions just come, and resourceful states are the norm.
[01:57:38.560 --> 01:57:50.560]  You're putting together a website with this kind of information on it. It's OptimalHumanExperience.com.
[01:57:50.560 --> 01:58:03.560]  If anybody's interested in this kind of information, I've been studying with Dr. Joe. It's pretty amazing.
[01:58:03.560 --> 01:58:11.560]  If anybody's interested, just send me an email. I'll send you a link to OptimalHumanExperience.com.
[01:58:11.560 --> 01:58:25.560]  We need to get this information out there. I wrote a lawsuit, and it's written as a therapeutic metaphor.
[01:58:25.560 --> 01:58:35.560]  It was written to affect the judges that I'm suing to force stuff that's outside their awareness into their consciousness,
[01:58:35.560 --> 01:58:41.560]  so to change their behavior. I can't tell you how much fun that was.
[01:58:41.560 --> 01:59:09.560]  We are out of time. Thank you all for listening. We'll be back next week. Good night.
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