ROL_2023-08-18_16k_Hr1-2.timecode

[00:00.000 --> 00:05.440]  The Bill of Rights contains the first 10 amendments of our Constitution.
[00:05.440 --> 00:09.400]  They guarantee the specific freedoms Americans should know and protect.
[00:09.400 --> 00:10.880]  Our liberty depends on it.
[00:10.880 --> 00:14.800]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.800 --> 00:16.920]  your First Amendment rights.
[00:16.920 --> 00:18.520]  Privacy is under attack.
[00:18.520 --> 00:22.120]  When you give up data about yourself, you'll never get it back again.
[00:22.120 --> 00:26.880]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.880 --> 00:32.040]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.040 --> 00:33.040]  Privacy.
[00:33.040 --> 00:34.640]  It's worth hanging on to.
[00:34.640 --> 00:38.920]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.920 --> 00:42.480]  engine alternative to Google, Yahoo, and Bing.
[00:42.480 --> 00:44.760]  Start over with Startpage.
[00:44.760 --> 00:46.520]  Spar.
[00:46.520 --> 00:47.760]  It's what fighters do.
[00:47.760 --> 00:50.800]  It's also how I remember the five guarantees of the First Amendment.
[00:50.800 --> 00:54.440]  If you plan to take away my rights, I'm going to spar with you.
[00:54.440 --> 01:01.560]  Spar with an extra P. S for speech, P for press, another P for petition, A for assembly,
[01:01.560 --> 01:02.920]  and R for religion.
[01:02.920 --> 01:07.000]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.000 --> 01:08.520]  assembly, and religion.
[01:08.520 --> 01:10.880]  But petition for redress is another matter.
[01:10.880 --> 01:14.600]  We have the right to petition the government for a redress of grievances.
[01:14.600 --> 01:18.120]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.120 --> 01:20.760]  the reasons without fear of being thrown into jail.
[01:20.760 --> 01:22.720]  I'm Dr. Catherine Albrecht.
[01:22.720 --> 01:31.080]  More news and information at CatherineAlbrecht.com.
[01:31.080 --> 01:34.760]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.760 --> 01:38.200]  They guarantee the specific freedoms Americans should know and protect.
[01:38.200 --> 01:39.680]  Our liberty depends on it.
[01:39.680 --> 01:43.600]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.600 --> 01:46.720]  one of your constitutional rights.
[01:46.720 --> 01:48.320]  Privacy is under attack.
[01:48.320 --> 01:51.920]  When you give up data about yourself, you'll never get it back again.
[01:51.920 --> 01:56.680]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.680 --> 02:01.720]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.720 --> 02:04.440]  Privacy, it's worth hanging on to.
[02:04.440 --> 02:08.720]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.720 --> 02:12.280]  engine alternative to Google, Yahoo, and Bing.
[02:12.280 --> 02:14.360]  Start over with StartPage.
[02:14.360 --> 02:20.200]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.200 --> 02:22.280]  of Rights in a big old bear hug.
[02:22.280 --> 02:26.760]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.760 --> 02:30.640]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.640 --> 02:31.640]  Get it?
[02:31.640 --> 02:33.920]  Two arms, bear hug, bear arms?
[02:33.920 --> 02:37.520]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.520 --> 02:38.520]  when he said,
[02:38.520 --> 02:43.720]  The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.720 --> 02:48.800]  one more safeguard against the tyranny which now appears remote in America, but which historically
[02:48.800 --> 02:50.560]  has proved to always be possible.
[02:50.560 --> 02:52.440]  I'm Dr. Catherine Albrecht.
[02:52.440 --> 03:21.280]  More news and information at CatherineAlbrecht.com.
[03:23.080 --> 03:50.080]  the right of the citizens to bear arms is just one guarantee against arbitrary government,
[03:50.080 --> 04:07.920]  one more safeguard against the tyranny which now appears remote in America, but which
[04:07.920 --> 04:34.160]  now appears remote in America, but which now appears remote in America, but which now
[04:34.160 --> 05:01.400]  appears remote in America, but which now appears remote in America, but which now
[05:01.400 --> 05:18.240]  appears remote in America, but which now appears remote in America, but which now appears
[05:18.240 --> 05:31.960]  a call, a call in number 512-646-1984 and I'll start out with going over what I did last night, thought it was a good subject.
[05:31.960 --> 05:42.480]  One of the things I'm trying to push and promote is less fighting and more finessing.
[05:42.480 --> 05:51.680]  I'm looking at the Telegram channel and Bonnie was straight.
[05:51.680 --> 05:58.360]  I met her before she married this guy, David, and he was helping her get thrown in jail
[05:58.360 --> 05:59.360]  back then.
[05:59.360 --> 06:06.080]  He helped her get thrown in jail for contempt of court, helped her lose her property to
[06:06.080 --> 06:09.880]  her ex-husband, helped her lose everything.
[06:09.880 --> 06:18.140]  They used this patriot mythology garbage and she lost everything.
[06:18.140 --> 06:23.640]  She had a house that she owned before she married this guy.
[06:23.640 --> 06:27.880]  Because she did all this stuff, she lost it to him, she lost everything to him.
[06:27.880 --> 06:32.520]  Then I sat in court with him one day, a whole bunch of them wanted me to come down there
[06:32.520 --> 06:36.320]  from the Republic of Texas group.
[06:36.320 --> 06:43.080]  This judge, it was a contempt hearing, was doing everything she could to get Bonnie to
[06:43.080 --> 06:48.560]  give her a reason not to throw her in jail.
[06:48.560 --> 06:51.800]  Bonnie just would not have it, wouldn't talk to her.
[06:51.800 --> 06:53.480]  You don't have any jurisdiction.
[06:53.480 --> 07:02.840]  I'm the hearing my straw man capacity or so guess this on and on and the judge is struggling.
[07:02.840 --> 07:07.120]  After 10 minutes, I couldn't stand it anymore, got up and walked out.
[07:07.120 --> 07:11.080]  Yeah, that's just too painful.
[07:11.080 --> 07:14.760]  After the hearing was over, a bunch of them called me, where'd you go?
[07:14.760 --> 07:15.760]  Where'd you go?
[07:15.760 --> 07:18.640]  And I told them I was over in a restaurant.
[07:18.640 --> 07:24.400]  They came over and the whole group of them, why did you walk out?
[07:24.400 --> 07:27.920]  Said, I couldn't listen to that crap anymore.
[07:27.920 --> 07:32.760]  It was clear that Bonnie was doing everything she could to get herself thrown in jail.
[07:32.760 --> 07:34.400]  So how did it work out for her?
[07:34.400 --> 07:37.960]  Well, the judge gave her 30 days.
[07:37.960 --> 07:38.960]  But it was wrong.
[07:38.960 --> 07:41.760]  The judge didn't have jurisdiction, blah, blah, blah, blah.
[07:41.760 --> 07:45.760]  I said, guys, don't you get it?
[07:45.760 --> 07:50.840]  It doesn't make any difference if the judge has jurisdiction or not.
[07:50.840 --> 07:57.400]  It looks like the judge has jurisdiction and it feels like the judge has jurisdiction.
[07:57.400 --> 08:03.280]  And while she's sitting in jail, it'll probably seem like the judge has jurisdiction.
[08:03.280 --> 08:07.760]  And you can sit there and rail in righteous indignation all you want to, but you're gonna
[08:07.760 --> 08:10.800]  sit there for 30 days, rail in righteous indignation.
[08:10.800 --> 08:11.800]  Yep.
[08:11.800 --> 08:19.160]  Come on, guys, figure out how things work and do it that way.
[08:19.160 --> 08:25.200]  And they just railed at the injustice of it all.
[08:25.200 --> 08:32.120]  They don't have any jurisdiction and on and on, and I wanted to vomit.
[08:32.120 --> 08:35.920]  And then the next thing I hear, she goes into a courthouse and forgets she has this pistol
[08:35.920 --> 08:40.480]  in her purse, and they don't catch it.
[08:40.480 --> 08:45.840]  Somehow they caught it when she was coming out.
[08:45.840 --> 08:50.360]  And all she had to do was tell them my mistake.
[08:50.360 --> 08:56.320]  I didn't realize it was in there, and I was leaving the courthouse.
[08:56.320 --> 09:00.400]  So there was no malicious intent with the weapon.
[09:00.400 --> 09:01.400]  Yeah.
[09:01.400 --> 09:06.600]  It was just a mistake, and the guards should have caught it.
[09:06.600 --> 09:12.280]  It was their job to catch that, so I didn't make that mistake, and just show a little
[09:12.280 --> 09:15.920]  contrition to the court, and they would have dropped this thing.
[09:15.920 --> 09:20.280]  Yeah, it is Texas, after all.
[09:20.280 --> 09:29.640]  Yeah, they had been so crappy to these people, and absolutely treated them like dirt, that
[09:29.640 --> 09:33.200]  they got a shot at her and they took it.
[09:33.200 --> 09:37.920]  Give her five years, that was outrageous.
[09:37.920 --> 09:44.800]  And knowing those morons, they haven't appealed it.
[09:44.800 --> 09:49.920]  Good old David Strait, she did everything he told her to, and this is how it worked
[09:49.920 --> 09:52.160]  out for them.
[09:52.160 --> 09:59.480]  Guys, figure out how things work, then do it that way.
[09:59.480 --> 10:01.920]  Doesn't matter what you think about it.
[10:01.920 --> 10:07.040]  You can try to change it later, but in the meantime, figure out how things work and do
[10:07.040 --> 10:08.040]  it that way.
[10:08.040 --> 10:10.040]  A whole lot safer.
[10:10.040 --> 10:11.040]  Yeah.
[10:11.040 --> 10:19.360]  This thing with driver's license, and I'm catching a plan.
[10:19.360 --> 10:34.320]  I'm gonna apply for a vanity plate that says, not the letter for hire.
[10:34.320 --> 10:42.440]  Put that on my truck, and then I'm gonna make up a license-sized piece of metal that says
[10:42.440 --> 10:50.200]  not for hire on it, and clip it over the top of that license.
[10:50.200 --> 10:59.500]  So when I get stopped for not having plates, I'll tell them, well, I got plates, but I'm
[10:59.500 --> 11:01.520]  not using them right now.
[11:01.520 --> 11:07.440]  If I decide to use this for commerce, I'll display those plates.
[11:07.440 --> 11:12.320]  They go back there and take that cover plate off, they'll find my plate right underneath
[11:12.320 --> 11:15.000]  it.
[11:15.000 --> 11:19.240]  I want to do that to raise the question.
[11:19.240 --> 11:26.360]  They can't cite me for not having plates, they can cite me for not displaying the plates.
[11:26.360 --> 11:33.880]  And that raises the question, must I display the plates if I am not in commerce?
[11:33.880 --> 11:40.500]  Or they could do, they might, I mean, I don't want to deflate your theory there, but they
[11:40.500 --> 11:53.120]  also might charge you with the heinous crime of putting some, what do they call it, obstructing
[11:53.120 --> 11:54.200]  the plates.
[11:54.200 --> 12:00.400]  Because if you put some substance or material, they call it, in front of the plate, then
[12:00.400 --> 12:02.080]  they call that a crime.
[12:02.080 --> 12:09.280]  They did that to me one time when that substance or material they referred to was my tailgate.
[12:09.280 --> 12:18.440]  I had the tailgate down and the cop was riding my bumper so close that to him, the tailgate
[12:18.440 --> 12:19.520]  was blocking it.
[12:19.520 --> 12:23.120]  If he would have backed up to a safe distance, he could have seen just fine.
[12:23.120 --> 12:30.920]  But he accused me of the crime of obstructing the visibility of the plate.
[12:30.920 --> 12:43.200]  Okay, what section of the transportation code is obstructing the, obscuring the plate in?
[12:43.200 --> 12:45.000]  Obscuring, that's the word.
[12:45.000 --> 12:47.560]  I don't know, I'll go look for it though.
[12:47.560 --> 12:52.040]  That's what he accused me of when the cop pulled me over and mine wasn't obscured at
[12:52.040 --> 12:55.740]  all.
[12:55.740 --> 13:01.400]  It was dented in before I'd backed up to hook up to trailers and bumped it.
[13:01.400 --> 13:08.360]  But it wasn't obscured, it wasn't bent to the point that it was hard to read, but he
[13:08.360 --> 13:10.160]  just made something up.
[13:10.160 --> 13:19.680]  So, I'm looking at putting together a set of lawsuits and the lawsuit that I have filed,
[13:19.680 --> 13:24.560]  I'm using that to teach me how to do it.
[13:24.560 --> 13:38.640]  And looking at the commercial issue of the license plates, what was Ashcroft is the one
[13:38.640 --> 13:41.840]  who gave me the clue as to how to do this.
[13:41.840 --> 13:51.720]  When California first legalized marijuana, Baby Bush was president and Ashcroft was attorney
[13:51.720 --> 13:52.920]  general.
[13:52.920 --> 14:01.760]  He just went berserk and went out there and with the feds and charged these guys with
[14:01.760 --> 14:04.680]  a federal offense.
[14:04.680 --> 14:07.560]  And they said, not a federal offense.
[14:07.560 --> 14:15.880]  He said, if you do anything that could possibly interfere with interstate trafficking, then
[14:15.880 --> 14:19.440]  you're in violation.
[14:19.440 --> 14:23.960]  And the court said, no, you're not.
[14:23.960 --> 14:28.000]  You're only in violation if you interfere with interstate traffic.
[14:28.000 --> 14:31.720]  So he lost that one.
[14:31.720 --> 14:41.920]  But when I sued these guys and looking at Ashcroft B. Twombly, Ashcroft, I remembered
[14:41.920 --> 14:45.600]  what he did with the marijuana thing.
[14:45.600 --> 14:56.480]  So let's see if we can do that with this conspiracy I was claiming.
[14:56.480 --> 15:06.160]  I claimed that they perpetrated this criminal conspiracy to obstruct justice and exercised
[15:06.160 --> 15:19.760]  the conspiracy on US highways and pulled over persons in interstate commerce and subjected
[15:19.760 --> 15:26.080]  them to this ongoing criminal conspiracy.
[15:26.080 --> 15:35.240]  Gotcha guys, you interfered with interstate commerce.
[15:35.240 --> 15:43.120]  So all I need that for is to give me federal jurisdiction.
[15:43.120 --> 15:50.560]  And if I've got federal jurisdiction and I'm accusing them of violating federal laws, then
[15:50.560 --> 15:55.800]  I've got the Young Doctrine, which says they have zero immunity.
[15:55.800 --> 15:59.420]  So back to traffic.
[15:59.420 --> 16:10.600]  If they are implementing a practice and procedure like applying the commercial statutes to non-commercial
[16:10.600 --> 16:22.640]  drivers, and they are being taught by state agencies to apply the state statute to non-commercial
[16:22.640 --> 16:31.160]  drivers, then that's an ongoing criminal conspiracy to deny due process.
[16:31.160 --> 16:38.080]  We've got all these, this case law that says that we have the right to locomotion within
[16:38.080 --> 16:46.440]  the state, and that's pretty clear, but they always tend to override it with the commercial
[16:46.440 --> 16:47.440]  aspect.
[16:47.440 --> 16:53.480]  They don't go directly to the commercial aspect and not play games with their commercial
[16:53.480 --> 16:54.480]  code.
[16:54.480 --> 16:55.480]  So, okay.
[16:55.480 --> 17:04.920]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[17:04.920 --> 17:08.960]  Stop debt collectors now with the Michael Mears proven method.
[17:08.960 --> 17:13.280]  Michael Mears has won six cases in federal court against debt collectors, and now you
[17:13.280 --> 17:14.280]  can win too.
[17:14.280 --> 17:19.080]  You'll get step-by-step instructions in plain English on how to win in court using federal
[17:19.080 --> 17:24.960]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[17:24.960 --> 17:29.480]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[17:29.480 --> 17:33.700]  financial tables on them and make them pay you to go away.
[17:33.700 --> 17:38.800]  The Michael Mears proven method is the solution for how to stop debt collectors.
[17:38.800 --> 17:40.960]  Personal consultation is available as well.
[17:40.960 --> 17:46.600]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner,
[17:46.600 --> 17:49.480]  or email michaelmears at yahoo.com.
[17:49.480 --> 17:58.480]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[17:58.480 --> 18:00.480]  collectors now.
[18:00.480 --> 18:04.560]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[18:04.560 --> 18:08.360]  In today's America, we live in an us-against-them society, and if we, the people, are ever going
[18:08.360 --> 18:12.360]  to have a free society, then we're going to have to stand and defend our own rights.
[18:12.360 --> 18:15.560]  Among those rights are the right to travel freely from place to place, the right to act
[18:15.560 --> 18:19.280]  in our own private capacity, and most importantly, the right to due process of law.
[18:19.280 --> 18:23.440]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[18:23.440 --> 18:24.920]  our rights through due process.
[18:24.920 --> 18:28.800]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[18:28.800 --> 18:32.560]  most comprehensive teaching tool available that will help you understand what due process
[18:32.560 --> 18:34.960]  is and how to hold courts to the rule of law.
[18:34.960 --> 18:38.960]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[18:38.960 --> 18:40.280]  ordering your copy today.
[18:40.280 --> 18:43.640]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[18:43.640 --> 18:48.040]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[18:48.040 --> 18:50.360]  documents and other useful resource material.
[18:50.360 --> 18:54.320]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[18:54.320 --> 18:59.320]  Order your copy today, and together we can have the free society we all want and deserve.
[18:59.320 --> 19:08.320]  If you are listening to the Logos Radio Network, LogosRadioNetwork.com
[19:29.320 --> 19:43.320]  The world is spinning like it's out of control, on the edge of a hole, inside a deep dark
[19:43.320 --> 19:44.320]  hole.
[19:44.320 --> 19:49.320]  I'm always on the lookout for something to soothe my soul.
[19:49.320 --> 20:00.320]  So I sit back and I watch the evidence unfold, and I see justice is the door.
[20:00.320 --> 20:01.320]  Okay.
[20:01.320 --> 20:02.320]  We're back.
[20:02.320 --> 20:14.920]  Randy Cowen, Brett Fountain, ruleoflawradio on this Friday, the 18th day of August, 2023.
[20:14.920 --> 20:23.920]  And we're talking about how to set a jurisdiction up so that we can sue them in the federal
[20:23.920 --> 20:24.920]  court.
[20:24.920 --> 20:31.480]  And this is the tact I've taken with the suit I filed against all these judges in Texas.
[20:31.480 --> 20:39.760]  I'm claiming that they trained public officials in practices and procedures that were criminal
[20:39.760 --> 20:42.240]  in their nature.
[20:42.240 --> 20:50.000]  Now they were tasked with the responsibility of training these public officials in the
[20:50.000 --> 20:53.200]  enforcement of law.
[20:53.200 --> 20:58.600]  But instead of doing that, they trained them in illegal procedures.
[20:58.600 --> 21:04.520]  To break the law and to violate rights as a matter of training.
[21:04.520 --> 21:12.520]  And when one person talks with another person about coming to an agreement to practices
[21:12.520 --> 21:21.200]  and procedures that are in violation of law, that for me comes up to be a criminal conspiracy
[21:21.200 --> 21:24.680]  to violate those laws.
[21:24.680 --> 21:29.640]  So I'm saying this training is not training.
[21:29.640 --> 21:36.120]  It's a ongoing criminal, it's a conspiracy to further an ongoing criminal enterprise.
[21:36.120 --> 21:38.880]  That's the allegation I made.
[21:38.880 --> 21:42.520]  So how do we do that with traffic?
[21:42.520 --> 22:02.200]  I am an ordinary person using my conveyance for non-commercial purposes.
[22:02.200 --> 22:10.700]  I can use it in commerce if I want to, but at the moment I'm deadheading.
[22:10.700 --> 22:14.400]  And all these DOT guys will know exactly what deadheading means.
[22:14.400 --> 22:20.240]  And for those of you who don't, what deadheading means is you're a truck driver and you drop
[22:20.240 --> 22:23.160]  a load off at a warehouse.
[22:23.160 --> 22:28.000]  And you get a load, a back load from another warehouse.
[22:28.000 --> 22:32.880]  And you have to drive from the warehouse where you're at to the other warehouse to get a
[22:32.880 --> 22:34.680]  load.
[22:34.680 --> 22:37.560]  But you're not being paid for this trip.
[22:37.560 --> 22:39.580]  You have nothing on board.
[22:39.580 --> 22:42.520]  You won't get paid till you get loaded again.
[22:42.520 --> 22:50.680]  That time in between is deadheading and you are not in commerce.
[22:50.680 --> 22:58.080]  So all of us, although we are licensed to operate in commerce, and we can if we want
[22:58.080 --> 23:03.840]  to, for the most part we're deadheading.
[23:03.840 --> 23:14.600]  And the police departments are trained to treat us all as if we are in commerce, including
[23:14.600 --> 23:19.680]  people traveling interstate.
[23:19.680 --> 23:27.040]  If someone's traveling through this state and they have an out of state plate, then
[23:27.040 --> 23:34.160]  you're interfering with someone from out of state and subjecting them to denial of due
[23:34.160 --> 23:36.700]  process.
[23:36.700 --> 23:45.120]  That gets diversity jurisdiction and that gets me in the Fed.
[23:45.120 --> 23:54.120]  Everybody treats a ticket as if it's simply completely local, but it's not.
[23:54.120 --> 24:04.680]  When we travel state to state, then each state we go into, we're subject to those laws.
[24:04.680 --> 24:11.520]  If we fall within statutory scheme, the first thing the officer would have to do is determine
[24:11.520 --> 24:17.240]  whether I was in commerce or not, and that's why I wanted to cover up the plate.
[24:17.240 --> 24:25.640]  So if they're gonna say I'm obstructing the plate, then I'll just take it off and put
[24:25.640 --> 24:28.080]  it inside the vehicle.
[24:28.080 --> 24:37.240]  Yeah, so that one you were asking about earlier, it's 504.945, wrong, fictitious, altered or
[24:37.240 --> 24:39.860]  obscured license plate.
[24:39.860 --> 24:44.200]  So if you take one off of an old trailer and stick it on your truck, then that's a problem.
[24:44.200 --> 24:52.360]  Or if you put some of that coating on there, other material that alters or obscures one
[24:52.360 --> 24:58.960]  half or more of the name of the state or the letters or numbers of the serial.
[24:58.960 --> 25:02.080]  So any of that, that's under 504.945.
[25:02.080 --> 25:08.680]  But yeah, if you take it off, then it's a different issue, that it's a failure to, what
[25:08.680 --> 25:12.800]  do they call it, failure to display it.
[25:12.800 --> 25:18.840]  But if I'm not in commerce, then I have no duty to display.
[25:18.840 --> 25:19.840]  Exactly.
[25:19.840 --> 25:23.240]  I'm not acting within the scope.
[25:23.240 --> 25:32.720]  But what that'll do, if I get my lawsuits against the municipalities down, JPs for traffic,
[25:32.720 --> 25:41.920]  I get a good commercial lawsuit down, then they stop me, I immediately file suit against
[25:41.920 --> 25:42.920]  them.
[25:42.920 --> 25:50.240]  So I've got two tickets now, one I've appealed and hadn't heard a thing about it.
[25:50.240 --> 25:58.040]  The other one, I got it back in May, and I was supposed to appear in July, and for the
[25:58.040 --> 26:05.200]  first, I went to the court like I was supposed to, and they gave me an appearance date in
[26:05.200 --> 26:06.200]  July.
[26:06.200 --> 26:14.320]  And then I got a notice to cancel that appearance date, and I haven't got another notice.
[26:14.320 --> 26:18.520]  So this is August, almost September from May.
[26:18.520 --> 26:30.320]  I'm gonna file a motion to dismiss, denial of speedy trial, and try to get a clean ruling
[26:30.320 --> 26:32.800]  on that one.
[26:32.800 --> 26:45.880]  When they refuse to dismiss, then I'll file suit against them for criminal enterprise.
[26:45.880 --> 26:48.080]  And it's the same suit for everybody.
[26:48.080 --> 26:50.600]  Get this down right.
[26:50.600 --> 26:57.400]  It's the exact same suit for everybody, because I've never heard of anybody getting to trial
[26:57.400 --> 27:00.220]  within 30 days.
[27:00.220 --> 27:08.620]  And that's what the legislature indicated in the preamble to Senate Bill 1043, the Speedy
[27:08.620 --> 27:10.480]  Trial Act.
[27:10.480 --> 27:18.120]  They indicated that a trial was speedy in a classy misdemeanor if it was held within
[27:18.120 --> 27:21.600]  30 days.
[27:21.600 --> 27:29.080]  So I'm gonna claim the constitutional right and the stated intent of the legislature that
[27:29.080 --> 27:34.120]  30 days be considered as timely.
[27:34.120 --> 27:40.240]  And make up a federal lawsuit and sue them all personally, because they can't claim they're
[27:40.240 --> 27:41.800]  acting under state law.
[27:41.800 --> 27:50.520]  There's no evidence that you fall under the statutory scheme, and show that they are trained
[27:50.520 --> 27:56.840]  to treat everybody as if they fall within the statutory scheme, whether they do or not.
[27:56.840 --> 28:04.960]  And that training amounts to an ongoing criminal enterprise that results in over 7 million
[28:04.960 --> 28:09.120]  tickets a year in Texas alone.
[28:09.120 --> 28:17.360]  Of 9 million criminal cases, 7 million are traffic.
[28:17.360 --> 28:21.600]  And they're all part of that enterprise intended to extract funds from the public.
[28:21.600 --> 28:25.400]  What do you think, Brett?
[28:25.400 --> 28:27.600]  Sounds like a plan.
[28:27.600 --> 28:34.720]  All we gotta do is drag them in the federal court, and it's not what you can prove up.
[28:34.720 --> 28:38.480]  It's what your claim is.
[28:38.480 --> 28:47.320]  If they accept your claim and accept all your facts as true, but if those facts were true,
[28:47.320 --> 28:49.560]  would you have a claim?
[28:49.560 --> 28:50.840]  Yeah.
[28:50.840 --> 28:58.740]  And if the answer is yes, you stick them in court, now we go to discovery, we go to depositions,
[28:58.740 --> 29:03.840]  we drag the, you know, all the stuff that's gonna cost them a lot of money.
[29:03.840 --> 29:11.320]  Well, now that you're switching gears and you're actually gonna go troll for cop stops,
[29:11.320 --> 29:19.200]  I have some resources that I don't offer to most people, because most people don't want
[29:19.200 --> 29:21.440]  to be pulled over.
[29:21.440 --> 29:23.160]  But I have some resources for you.
[29:23.160 --> 29:25.360]  Some of these, let's call them vanity plates.
[29:25.360 --> 29:28.960]  And I got some bumper stickers that'll just kind of cinch the deal.
[29:28.960 --> 29:29.960]  Oh, okay.
[29:29.960 --> 29:31.960]  Are they really obnoxious?
[29:31.960 --> 29:32.960]  Oh, yeah.
[29:32.960 --> 29:36.960]  Oh, good.
[29:36.960 --> 29:45.400]  I'll have them made up on this magnetic stuff so I can just stick it in the back of it.
[29:45.400 --> 29:47.560]  Oh, can't stick it in the back of my truck.
[29:47.560 --> 29:55.760]  I'll drive an avalanche, and the tailgate, the cover on the tailgate's fiberglass.
[29:55.760 --> 30:02.560]  That's annoying, and my bumper's plastic, hang on, we'll be right back.
[30:02.560 --> 30:06.160]  It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.160 --> 30:07.160]  affected our health?
[30:07.160 --> 30:11.320]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how
[30:11.320 --> 30:15.640]  cell phones may actually alter our brain chemistry.
[30:15.640 --> 30:17.220]  Privacy is under attack.
[30:17.220 --> 30:20.820]  When you give up data about yourself, you'll never get it back again.
[30:20.820 --> 30:25.600]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:25.600 --> 30:30.680]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.680 --> 30:33.360]  Privacy, it's worth hanging on to.
[30:33.360 --> 30:37.640]  This public service announcement is brought to you by StartPage.com, the private search
[30:37.640 --> 30:41.200]  engine alternative to Google, Yahoo, and Bing.
[30:41.200 --> 30:44.960]  Start over with StartPage.
[30:44.960 --> 30:47.120]  Cell phones emit radio frequency energy.
[30:47.120 --> 30:48.120]  That's a fact.
[30:48.120 --> 30:51.680]  But whether it's dangerous to have a phone beaming this kind of radiation near your head
[30:51.680 --> 30:52.680]  has been disputed.
[30:52.680 --> 30:57.160]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.160 --> 31:01.560]  Well, now the Journal of the American Medical Association is confirming that cell phones
[31:01.560 --> 31:02.840]  affect brain chemistry.
[31:02.840 --> 31:08.180]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.180 --> 31:11.880]  to the cell phone antenna increases when the cell phone is on.
[31:11.880 --> 31:15.760]  While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:15.760 --> 31:16.760]  chances.
[31:16.760 --> 31:20.200]  I always keep the phone far from my body, and I use a corded headset.
[31:20.200 --> 31:22.200]  I'm Dr. Catherine Albrecht.
[31:22.200 --> 31:30.600]  More news and information at CatherineAlbrecht.com.
[31:30.600 --> 31:31.600]  I lost my son.
[31:31.600 --> 31:32.600]  My nephew.
[31:32.600 --> 31:33.600]  My uncle.
[31:33.600 --> 31:34.600]  My son.
[31:34.600 --> 31:35.600]  On September 11th, 2001.
[31:35.600 --> 31:38.880]  Most people don't know that a third tower fell on September 11th.
[31:38.880 --> 31:43.000]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:43.000 --> 31:48.840]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.840 --> 31:52.600]  and engineers have looked into the evidence and believe there is more to the story.
[31:52.600 --> 31:54.040]  Bring justice to my son.
[31:54.040 --> 31:55.040]  My uncle.
[31:55.040 --> 31:56.040]  My nephew.
[31:56.040 --> 31:57.040]  My son.
[31:57.040 --> 31:58.040]  Go to buildingwhat.org.
[31:58.040 --> 32:01.800]  Why it fell, why it matters, and what you can do.
[32:01.800 --> 32:06.200]  Are you looking to have a closer relationship with God and a better understanding of His
[32:06.200 --> 32:07.200]  Word?
[32:07.200 --> 32:12.320]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture
[32:12.320 --> 32:18.720]  Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[32:18.720 --> 32:23.240]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly
[32:23.240 --> 32:25.640]  dividing the word of truth.
[32:25.640 --> 32:29.280]  Starting in January, our first hour studies are in the Book of Mark, where we'll go
[32:29.280 --> 32:32.960]  verse by verse and discuss the true gospel message.
[32:32.960 --> 32:37.600]  Our second hour topical studies will vary each week with discussions on sound doctrine
[32:37.600 --> 32:39.960]  and Christian character development.
[32:39.960 --> 32:44.480]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.480 --> 32:48.800]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.800 --> 32:51.080]  of our Lord and Savior Jesus.
[32:51.080 --> 32:57.720]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and
[32:57.720 --> 33:00.480]  motivate your studies of the Scriptures.
[33:00.480 --> 33:10.320]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:10.320 --> 33:37.840]  Yeah, I got a warrant, and I'm gonna solve them, to the government them, prosecute them.
[33:37.840 --> 33:47.600]  Okay, we are back, Randy Fountain, Bret Fountain, and I was just kind of brainstorming.
[33:47.600 --> 33:55.240]  I live in a small town, and all of a sudden there are policemen everywhere in this little
[33:55.240 --> 34:00.500]  town, constantly pulling everybody over.
[34:00.500 --> 34:06.040]  And I sent an email to the mayor a couple days ago, because I was coming into town and
[34:06.040 --> 34:11.960]  behind a sheriff's deputy, and traffic backed up a half a mile out of this small town.
[34:11.960 --> 34:14.800]  Everybody's moving into Texas, it's building up.
[34:14.800 --> 34:18.480]  And this sheriff's deputy pulled over the shoulder and hauled butt down the shoulder.
[34:18.480 --> 34:23.000]  I mean, he didn't just drive, he took off.
[34:23.000 --> 34:26.640]  And traffic moves up, and there he is sitting in front of City Hall.
[34:26.640 --> 34:29.960]  Well, I sat there and traffic backed up.
[34:29.960 --> 34:31.800]  The more I looked at him, the more it annoyed me.
[34:31.800 --> 34:36.360]  So I pulled in there, walked up to his car, and he rolled the window down, I said, I need
[34:36.360 --> 34:37.360]  your card.
[34:37.360 --> 34:38.920]  He said, what card?
[34:38.920 --> 34:42.680]  The one with your identification on it.
[34:42.680 --> 34:45.000]  He said, no.
[34:45.000 --> 34:47.280]  I said, you're a sheriff's deputy?
[34:47.280 --> 34:50.680]  He said, yeah, then you're supposed to identify yourself, show me your identification.
[34:50.680 --> 34:52.520]  He said, why?
[34:52.520 --> 34:53.520]  You're not supposed to ask me that.
[34:53.520 --> 34:54.520]  Well, I'm asking you.
[34:54.520 --> 34:57.320]  I said, well, because you're a criminal.
[34:57.320 --> 35:05.240]  Well, what I do, you drove recklessly down the shoulder to avoid traffic.
[35:05.240 --> 35:08.200]  Something you'd give me a ticket for, so identify yourself.
[35:08.200 --> 35:09.360]  He refused.
[35:09.360 --> 35:15.040]  So I went inside and told him I need a policeman out here to arrest somebody.
[35:15.040 --> 35:17.720]  They knew me, so they didn't give me any crap.
[35:17.720 --> 35:21.080]  They sent two officers out there.
[35:21.080 --> 35:25.800]  And I need you to identify this fat guy over here.
[35:25.800 --> 35:27.560]  He won't identify himself.
[35:27.560 --> 35:29.360]  Why do you need him to identify himself?
[35:29.360 --> 35:34.240]  Well, so I can write up a criminal affidavit against him and give it to you.
[35:34.240 --> 35:36.640]  Well, what'd he do?
[35:36.640 --> 35:37.640]  Reckless driving.
[35:37.640 --> 35:41.200]  Well, how'd he reckless drive?
[35:41.200 --> 35:45.400]  He accelerated down the shoulder to avoid traffic.
[35:45.400 --> 35:53.400]  And this cop said, you mean he accelerated down an improved shoulder?
[35:53.400 --> 35:59.680]  Improved shoulder, and that makes a difference, how?
[35:59.680 --> 36:04.680]  And all three of these two cops that come out and this sheriff's deputy, sheriff's deputy
[36:04.680 --> 36:05.680]  said something.
[36:05.680 --> 36:08.800]  They all got a good chuckle out of it.
[36:08.800 --> 36:12.160]  So you boys think you're funny, do you?
[36:12.160 --> 36:16.000]  Well, we'll see how that works out for you.
[36:16.000 --> 36:24.200]  So I made up a set of criminal complaints against these two officers and filed them
[36:24.200 --> 36:27.200]  with the chief of police.
[36:27.200 --> 36:34.240]  And then tried to contact the chief of police to find out what magistrate he gave them to.
[36:34.240 --> 36:38.720]  And he didn't answer the phone twice and didn't call me back or email.
[36:38.720 --> 36:43.480]  So I sent an email to the mayor.
[36:43.480 --> 36:48.280]  Mayor knows me real well, telling him that I'm really unhappy with all these police all
[36:48.280 --> 36:49.280]  over the place.
[36:49.280 --> 36:55.520]  They're turning my town into a speed trap and you're using the police as a source of
[36:55.520 --> 36:59.560]  income and that's not gonna happen in my town.
[36:59.560 --> 37:02.000]  I will put an end to it.
[37:02.000 --> 37:07.640]  I have filed criminal complaints against two of your officers and I need you to have your
[37:07.640 --> 37:13.600]  chief of police tell me what magistrate he gave those criminal complaints to.
[37:13.600 --> 37:20.520]  And when he doesn't, we're all gonna go to the federal court.
[37:20.520 --> 37:26.520]  And almost immediately, I got an email from the chief apologizing all over the place for
[37:26.520 --> 37:29.000]  missing my calls.
[37:29.000 --> 37:32.560]  And I sent him an email.
[37:32.560 --> 37:38.920]  The only thing I need from you is for you to tell me who the magistrate is that you
[37:38.920 --> 37:42.380]  have given my criminal complaints to.
[37:42.380 --> 37:47.800]  So I get a response from him saying that he took them to the district attorney and the
[37:47.800 --> 37:51.880]  district attorney refused to accept it.
[37:51.880 --> 37:53.960]  And I responded, well, that's interesting.
[37:53.960 --> 37:58.460]  You were not directed by law to take those to the district attorney, you were directed
[37:58.460 --> 38:01.640]  by law to take them to some magistrate.
[38:01.640 --> 38:12.200]  Now since prosecuting attorney attempted to impersonate a magistrate, I'll be filing criminal
[38:12.200 --> 38:22.400]  charges with you against the district attorney and I'll expect you to arrest him.
[38:22.400 --> 38:24.120]  He's gonna love that.
[38:24.120 --> 38:29.240]  Now I gotta make up the criminal complaints against the district attorney and send those
[38:29.240 --> 38:30.240]  to him.
[38:30.240 --> 38:37.720]  And when he doesn't tell me what magistrate he gave all of them to, then I'll go to the
[38:37.720 --> 38:43.240]  municipal court judge and give her criminal complaints against these two officers and
[38:43.240 --> 38:47.000]  the chief of police.
[38:47.000 --> 38:50.740]  And we know what she's gonna do, which is nothing.
[38:50.740 --> 38:58.600]  Then I'll take a complaint against the magistrate to the municipal judge, to the local justice
[38:58.600 --> 39:05.160]  of the peace, and I already know what she'll do with them, which is nothing.
[39:05.160 --> 39:08.240]  And I will take this all the way to the top.
[39:08.240 --> 39:13.200]  I'm gonna refile my lawsuit in the county I live in.
[39:13.200 --> 39:17.040]  So I'm not gonna go after all these high level judges, I'm just gonna go up to the district
[39:17.040 --> 39:19.500]  judge.
[39:19.500 --> 39:28.160]  So I'm gonna skip the county judge cuz he may be my only ally in the county.
[39:28.160 --> 39:36.160]  When the JP refuses to act, I'll take criminal complaints and drop them on the district judge.
[39:36.160 --> 39:43.880]  And when he refuses to act, then I file suit against all of them, just because they laughed
[39:43.880 --> 39:46.600]  at me.
[39:46.600 --> 39:50.040]  You think this is funny, guys?
[39:50.040 --> 39:58.600]  I filed a $485 million suit named the Sheriff of Travis County because of bailiff.
[39:58.600 --> 40:05.840]  When I directed him to go get a clerk to come down and talk to me, he said, is that an order?
[40:05.840 --> 40:10.040]  And I thought about it a minute and I said, well, yeah, as a matter of fact, it is.
[40:10.040 --> 40:16.080]  He looked up at me, a little short guy, well, how's that worked out for you so far?
[40:16.080 --> 40:19.000]  I said, pretty good, you wanna test it?
[40:19.000 --> 40:21.800]  He said, yes.
[40:21.800 --> 40:25.520]  So now I've sued his boss for $20 million.
[40:25.520 --> 40:30.640]  Well, he said he wanted to test it, I wonder if he still feels that way.
[40:30.640 --> 40:35.200]  For next time I'm in Austin, I'm gonna go back to that same courthouse and I wanna find
[40:35.200 --> 40:37.360]  out who this guy is, I hope he's there.
[40:37.360 --> 40:40.080]  Now, I'll tell him, you asked him to test it.
[40:40.080 --> 40:43.320]  Do you think he still works there?
[40:43.320 --> 40:47.120]  They don't know who it is, well, they probably figured it out.
[40:47.120 --> 40:49.280]  Oh, you know they did.
[40:49.280 --> 40:54.280]  One of the guys knew me personally, cuz I'd hammered him once before.
[40:54.280 --> 40:58.280]  He's the guy who pulled this bailiff, got him away from me.
[40:58.280 --> 41:04.200]  But even if they don't, I'll go down there and make them tell me who it is.
[41:04.200 --> 41:09.960]  And then if he's not there, I'll have him tell him, he asked me, how's this worked out
[41:09.960 --> 41:12.640]  for me so far?
[41:12.640 --> 41:14.280]  Tell him it's working out pretty good.
[41:14.280 --> 41:19.040]  But I'm suing his boss for $20 million, and they'll make me a pretty good deal.
[41:19.040 --> 41:23.960]  They'll write me a check just to get me to drop the sheriff from the lawsuit.
[41:23.960 --> 41:33.780]  So thank him for all this money I'm gonna come into, and good luck finding another job.
[41:33.780 --> 41:36.160]  So this is the same thing.
[41:36.160 --> 41:42.960]  It is easy enough to get these guys to give you a claim against them.
[41:42.960 --> 41:50.040]  But what we need to do is stop being chumps and stop playing this game the way they want
[41:50.040 --> 41:53.640]  to play the game.
[41:53.640 --> 42:00.600]  We start playing this game where we play these guys like cheap fiddles.
[42:00.600 --> 42:05.960]  We know exactly what they're gonna do, and we get them to do exactly what we want them
[42:05.960 --> 42:11.960]  to do so that we can sue them.
[42:11.960 --> 42:19.280]  And as I build these suits, I will be building them into templates.
[42:19.280 --> 42:23.640]  All of my arguments will be in a template format, so you can just grab the argument
[42:23.640 --> 42:26.440]  and drop it in the document.
[42:26.440 --> 42:31.500]  And all of my arguments will be in the form of a legal brief.
[42:31.500 --> 42:35.880]  As I file these suits, I'll get lawyers coming back with all their arguments.
[42:35.880 --> 42:41.500]  I'll look at their arguments and readjust my suits based on their arguments, take their
[42:41.500 --> 42:50.240]  case law and rip it apart, and pull in case law to override theirs.
[42:50.240 --> 42:57.200]  So each time I file the suit, it gets more sophisticated, gets harder to answer.
[42:57.200 --> 42:59.800]  And every time somebody answers, I bar-grieve them.
[42:59.800 --> 43:04.160]  I just sent out a stack of bar-grievances about two and a half inches tall.
[43:04.160 --> 43:08.680]  I'm sure that was cathartic.
[43:08.680 --> 43:10.720]  Oh, it was.
[43:10.720 --> 43:15.480]  It only cost me 12 bucks.
[43:15.480 --> 43:19.400]  That was probably $0.50 a grievance.
[43:19.400 --> 43:25.760]  There were six pages per grievance and 294 pages.
[43:25.760 --> 43:31.920]  There was a bunch of them, and they're going to get more.
[43:31.920 --> 43:36.800]  That's cheaper than taking a couple of grandkids to Dairy Queen and a lot less messy in your
[43:36.800 --> 43:37.800]  truck.
[43:37.800 --> 43:41.920]  That's going to be a lot more satisfying at the end of the day, I don't know.
[43:41.920 --> 43:48.760]  Getting the grandkids candy, ice cream and candy and sugar, that's pretty satisfying.
[43:48.760 --> 43:51.440]  As long as you can send them home.
[43:51.440 --> 43:56.000]  Okay, hang on guys, we'll go to the calls when we come back.
[43:56.000 --> 44:00.640]  Randy Cowden, Brett Fountain, we'll be right back.
[44:00.640 --> 44:05.280]  Through advances in technology, our lives have greatly improved, except in the area
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[46:22.880 --> 46:24.400]  Yeah.
[46:24.400 --> 46:30.240]  Always, I must be careful what I'm wishing for.
[46:30.240 --> 46:35.080]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.080 --> 46:41.280]  I ain't asking for much, I ain't trying to be no glutton.
[46:41.280 --> 46:47.000]  I'm just here makin' my living pushing buttons.
[46:47.000 --> 46:56.240]  I get my message out to anyone in shoutin' distance I vote for bravery and against slavery
[46:56.240 --> 47:03.160]  show resistance First I'm crawlin', then I'm walkin', then I start struttin'
[47:03.160 --> 47:09.000]  I'm just so glad to make my livin' pushin' buttons
[47:09.000 --> 47:18.000]  Okay, we are back, Brandon Kelton, Brett Fountain, Rule of Law Radio on this Friday, the 18th
[47:18.000 --> 47:27.880]  day of, I still want to say October for some reason, it's that syllable sound that's
[47:27.880 --> 47:38.980]  catching me, the 18th day of August 2023 and we're going to our callers, Brett and
[47:38.980 --> 47:45.760]  I were having fun figuring out how to set these guys up and play them like a cheap fiddle.
[47:45.760 --> 47:51.280]  Okay, we have Timothy in Texas, Timothy, what do you have for us today?
[47:51.280 --> 47:54.160]  Can you hear me?
[47:54.160 --> 47:55.160]  We can hear you.
[47:55.160 --> 48:00.720]  Alrighty, I guess I called maybe a little over a month ago about the property taxes
[48:00.720 --> 48:01.720]  in Texas.
[48:01.720 --> 48:03.720]  Yes, I remember that.
[48:03.720 --> 48:09.920]  Yeah, okay, so I've been doing some more research and I guess it goes back a little bit to your
[48:09.920 --> 48:15.920]  introductory part of the call about doing things related to commerce and then trying
[48:15.920 --> 48:19.640]  to tie back to the federal jurisdiction.
[48:19.640 --> 48:30.720]  And if I read Article 8, Section 1, Subsection B, that's where the real meat of the-
[48:30.720 --> 48:32.400]  Hold on, hold on, hold on.
[48:32.400 --> 48:35.800]  Article 8 of what?
[48:35.800 --> 48:37.800]  The Texas Constitution.
[48:37.800 --> 48:38.800]  Okay.
[48:38.800 --> 48:46.360]  Article 8, Section 1, Subsection B, I'm just going to read the first two phrases, there's
[48:46.360 --> 48:52.880]  six total here, but it says all real property and tangible personal property in this state,
[48:52.880 --> 48:59.440]  comma, unless exempt as required or permitted by this Constitution, comma, and then other
[48:59.440 --> 49:01.440]  things relating to whatever.
[49:01.440 --> 49:09.800]  So the thing is, as it says right in that second phrase, unless exempt as required,
[49:09.800 --> 49:16.840]  the second sentence in the entire Texas Constitution, which is Article 1, Section 1, says that the
[49:16.840 --> 49:25.280]  Texas Constitution is subject to the federal constitution and law.
[49:25.280 --> 49:32.020]  What that means is that as far from my novice understanding is that would pull in all federal
[49:32.020 --> 49:39.760]  law related to ad valorem taxation and the ownership of private, and whether the taxation
[49:39.760 --> 49:45.760]  of private non-commercial property of people is actually something that the state is able
[49:45.760 --> 49:46.760]  to do.
[49:46.760 --> 49:47.760]  Okay.
[49:47.760 --> 49:55.520]  So before we get into those details, you're saying that this reference to the federal
[49:55.520 --> 50:07.120]  constitution prohibits the state from ad valorem taxes, how?
[50:07.120 --> 50:12.840]  Because I haven't done the same level of research on this that I have on this part so far, but
[50:12.840 --> 50:20.960]  I'm reading, I've got a bunch of notes here from Alphonse's lawsuit, where he's going
[50:20.960 --> 50:25.080]  after him on this issue and where he lives there in Pennsylvania.
[50:25.080 --> 50:26.080]  And so-
[50:26.080 --> 50:28.840]  Did you take out all the profanity?
[50:28.840 --> 50:29.840]  Yeah.
[50:29.840 --> 50:30.840]  Oh, good.
[50:30.840 --> 50:31.840]  Good.
[50:31.840 --> 50:37.760]  So there's a number of cases that he's got in there.
[50:37.760 --> 50:40.960]  I mean, I don't know if you want me to read them all on the air here, but you know, one
[50:40.960 --> 50:45.240]  of them is, for example, the right of property has been described as a fundamental national
[50:45.240 --> 50:47.640]  inherent in an inalienable right.
[50:47.640 --> 50:54.240]  It is not ex gratia from the legislature, but ex debito from the constitution.
[50:54.240 --> 51:01.160]  And that's Van Horn, Leslie versus Lawrence, I don't know, my handwriting's bad, 2 U.S.
[51:01.160 --> 51:10.520]  304, you know, whatever that case, I'm going to check this for 1L Ed, the lawyer's edition
[51:10.520 --> 51:14.040]  is where it's published.
[51:14.040 --> 51:18.400]  Another one is that the right, I guess it's an if, but I'm assuming that means the right
[51:18.400 --> 51:19.400]  of property.
[51:19.400 --> 51:23.360]  This is before the constitution, so it's protected, it is sometimes characterized traditionally
[51:23.360 --> 51:28.520]  as a sacred right, protection of which is one of the most important objects of government,
[51:28.520 --> 51:32.240]  and that's another U.S. case.
[51:32.240 --> 51:36.640]  And then there's also, if you go through legal dictionaries, especially older ones, like
[51:36.640 --> 51:43.960]  Bouvier's from 1856, ad valorem is, according to the value, this Latin term is used in commerce
[51:43.960 --> 51:48.840]  in reference to certain duties called ad valorem duties, which are levied in as commodities
[51:48.840 --> 51:52.160]  on certain rates per symptom on their value.
[51:52.160 --> 52:02.140]  And there's a similar phrasing in the Black's law sixth edition, but if you look at many
[52:02.140 --> 52:06.920]  other dictionaries, they're not specific as to the commerce, they just say that ad valorem
[52:06.920 --> 52:11.080]  means by value, and they don't talk about commerce at all.
[52:11.080 --> 52:23.000]  Okay, so the Fed is saying you cannot tax real property based on its, is that correct?
[52:23.000 --> 52:29.640]  I guess I'm saying there's two axes to private property ownership with respect to this conversation.
[52:29.640 --> 52:35.160]  Really, I'm thinking of it right now anyway, is number one, we have a right to own property
[52:35.160 --> 52:40.760]  free and unfettered from government interference if it's the private non-commercial property
[52:40.760 --> 52:41.760]  that, you know, like the whole-
[52:41.760 --> 52:49.960]  Hold on, hold on, you just made a proactive statement of law out of your own mouth.
[52:49.960 --> 52:54.920]  Where do we have that right to own property free and unfettered?
[52:54.920 --> 53:03.440]  Okay, well, I guess I'm, according to the couple of those cases that I just read, that's
[53:03.440 --> 53:05.040]  where I'm saying that comes from.
[53:05.040 --> 53:09.320]  Oh, okay, so you have case law that supports that.
[53:09.320 --> 53:15.160]  Yeah, Alphonse's case, like the one I just read, the right of property has been described
[53:15.160 --> 53:18.400]  as fundamental, national, inherent, and unalienable.
[53:18.400 --> 53:26.840]  It is not ex gratia from the legislature, but ex, I think, the veto from the Constitution.
[53:26.840 --> 53:27.840]  That's a federal-
[53:27.840 --> 53:28.840]  Okay, good.
[53:28.840 --> 53:30.840]  That's a US Supreme Court decision.
[53:30.840 --> 53:31.840]  Beautiful.
[53:31.840 --> 53:32.840]  Okay, good.
[53:32.840 --> 53:37.920]  Okay, go ahead, Alphonse, try not to interrupt you too much.
[53:37.920 --> 53:39.720]  Yeah, I'm just reading a couple of them.
[53:39.720 --> 53:45.120]  There's all kinds of cases on this stuff.
[53:45.120 --> 53:51.520]  It does bring a question to mind, if there's so much case law on this, how is it that every
[53:51.520 --> 54:00.560]  state in the union is taxing real property based on its value?
[54:00.560 --> 54:07.400]  Well, I haven't come across, well, so, okay, so now let's qualify the difference between
[54:07.400 --> 54:10.680]  commerce and the personal stuff.
[54:10.680 --> 54:17.920]  To me, it seems like they have conflated the taxation of commercial-related entities like
[54:17.920 --> 54:18.920]  a business.
[54:18.920 --> 54:24.800]  You tax in Walmart or the drug store, whatever, for selling stuff, and apparently you can
[54:24.800 --> 54:30.680]  tax their inventory and all that other stuff, but they've conflated that power, which has
[54:30.680 --> 54:35.360]  been granted to them, and as far as I can tell, is actually allowed, they've conflated
[54:35.360 --> 54:42.200]  that with taxation of all the property, including the private, non-commercial property.
[54:42.200 --> 54:44.840]  It raises a question.
[54:44.840 --> 54:55.960]  If there's so much law and case law forbidding it, how do all the states manage to do it?
[54:55.960 --> 55:00.320]  I don't, I mean, that's one of the reasons why I'm calling you, I mean, I can come to
[55:00.320 --> 55:05.280]  the court to get that answer, I guess, but-
[55:05.280 --> 55:11.480]  With what it is, there has to be lots and lots of case law on it, so right now you're
[55:11.480 --> 55:18.160]  only addressing the case law that suits your intended outcome.
[55:18.160 --> 55:23.360]  What case law is there that mitigates your intended outcome?
[55:23.360 --> 55:27.280]  I don't know the answer to that question.
[55:27.280 --> 55:35.600]  Okay, this is where you need to learn how to play a chessboard from both sides.
[55:35.600 --> 55:38.600]  You play chess?
[55:38.600 --> 55:39.600]  Not very well.
[55:39.600 --> 55:42.520]  Well, me neither.
[55:42.520 --> 55:53.480]  Try sitting down with someone else and play six moves in, then turn the chessboard around.
[55:53.480 --> 56:01.080]  When I play chess, I try to envision in my mind what the chessboard looks like from my
[56:01.080 --> 56:03.840]  opponent's perspective.
[56:03.840 --> 56:04.840]  We all do that.
[56:04.840 --> 56:09.720]  We're trying to figure out what he's going to, what he's seeing, what he's going to do.
[56:09.720 --> 56:16.920]  But when you actually turn the chessboard around, you'll find it for the most part didn't
[56:16.920 --> 56:21.400]  look like anything like you thought it would.
[56:21.400 --> 56:25.120]  We found there's an interesting way to play chess with three people.
[56:25.120 --> 56:32.040]  You put it on the lazy Susan and you turn it so that every time it's your turn, you're
[56:32.040 --> 56:40.040]  playing the opposite color that you were last move.
[56:40.040 --> 56:45.720]  It's quite an exercise in getting you to think of what you're saying, seeing it from somebody
[56:45.720 --> 56:46.720]  else's perspective.
[56:46.720 --> 56:53.360]  Timothy, when you're talking to me, you're talking to me about how they're forbidden
[56:53.360 --> 56:54.360]  to do all this.
[56:54.360 --> 56:58.360]  In the back of my mind, I'm saying, well, this is crazy.
[56:58.360 --> 57:05.840]  If they're so specifically forbidding to do this, how is it that everybody's doing it?
[57:05.840 --> 57:09.320]  We need to go back and figure out how they're doing it.
[57:09.320 --> 57:17.520]  Well, I guess to me, one answer when I look at Texas's history in particular is that going
[57:17.520 --> 57:22.160]  all the way back to the earliest, like Republic of Texas, and there might even been some kind
[57:22.160 --> 57:30.240]  of a Texas before the Republic of Texas, before it came out of Mexico or Spain or whatever.
[57:30.240 --> 57:32.520]  Property taxation has been a thing.
[57:32.520 --> 57:39.480]  It's been in the DNA of the government of Texas and the stuff before.
[57:39.480 --> 57:44.040]  If it was a colonial governor of Spain, he was probably squeezing all the landowners
[57:44.040 --> 57:49.040]  for taxes, just like the folks in the praisal districts are doing today, right?
[57:49.040 --> 57:50.040]  Yes.
[57:50.040 --> 57:51.040]  In the DNA.
[57:51.040 --> 57:57.720]  And when Texas joined the union, they never fixed it.
[57:57.720 --> 58:03.920]  The other thing is when I look at, for example, the 1876 Constitution, article 8, they put
[58:03.920 --> 58:05.880]  a poll tax in there, right?
[58:05.880 --> 58:12.840]  I mean, if we're talking about property tax, well, the poll tax is unconstitutional, so
[58:12.840 --> 58:17.280]  why not the property tax as well, at least for private and non-commercial?
[58:17.280 --> 58:18.800]  This is what we need to figure out.
[58:18.800 --> 58:23.080]  We'll speak to this when we come back on the other side.
[58:23.080 --> 58:26.520]  That's what I'm talking about turning the chessboard around.
[58:26.520 --> 58:32.000]  We need to see what arguments they have used to get in the position they're in, and then
[58:32.000 --> 58:34.400]  pick them apart and see what's wrong with them.
[58:34.400 --> 58:35.400]  Hang on.
[58:35.400 --> 58:40.840]  Randy Kelton, Brett Fountain, Rule of Our Radio, full board of callers, so I won't give
[58:40.840 --> 58:43.000]  out the call-in numbers.
[58:43.000 --> 58:44.000]  Hang on.
[58:44.000 --> 58:50.320]  We'll be right back.
[58:50.320 --> 58:54.160]  Would you like to make more definite progress in your walk with God?
[58:54.160 --> 58:59.680]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.680 --> 59:01.040]  can really help.
[59:01.040 --> 59:05.480]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.480 --> 59:06.480]  today.
[59:06.480 --> 59:10.400]  It's an accurate translation, and it contains thousands of footnotes that will help you
[59:10.400 --> 59:13.520]  to know God and to know the meaning of life.
[59:13.520 --> 59:18.760]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.760 --> 59:23.040]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.040 --> 59:27.960]  of salvation, growing in Christ, and how to build up the Church.
[59:27.960 --> 59:32.960]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.960 --> 59:45.760]  Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
[59:45.760 --> 59:49.400]  us online at bfa.org.
[59:49.400 --> 01:00:02.200]  Live, free speech radio, logosradionetwork.com.
[01:00:02.200 --> 01:00:05.880]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:00:05.880 --> 01:00:09.320]  They guarantee the specific freedoms Americans should know and protect.
[01:00:09.320 --> 01:00:10.800]  Our liberty depends on it.
[01:00:10.800 --> 01:00:14.700]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:00:14.700 --> 01:00:17.560]  one of your constitutional rights.
[01:00:17.560 --> 01:00:19.160]  Privacy is under attack.
[01:00:19.160 --> 01:00:22.760]  When you give up data about yourself, you'll never get it back again.
[01:00:22.760 --> 01:00:27.560]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:00:27.560 --> 01:00:32.680]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.680 --> 01:00:35.320]  Privacy, it's worth hanging on to.
[01:00:35.320 --> 01:00:39.600]  This public service announcement is brought to you by StartPage.com, the private search
[01:00:39.600 --> 01:00:43.120]  engine alternative to Google, Yahoo, and Bing.
[01:00:43.120 --> 01:00:45.240]  Start over with StartPage.
[01:00:45.240 --> 01:00:48.920]  Imagine your mom and dad are getting ready for bed.
[01:00:48.920 --> 01:00:52.000]  They pull back the covers and find a third party there.
[01:00:52.000 --> 01:00:55.200]  He announces, I'm with the military, and I'm sleeping here tonight.
[01:00:55.200 --> 01:00:59.360]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment
[01:00:59.360 --> 01:01:00.960]  was designed to prevent.
[01:01:00.960 --> 01:01:05.160]  It protects us from being forced to share our homes with soldiers, a common demand in
[01:01:05.160 --> 01:01:07.280]  the days of our founding fathers.
[01:01:07.280 --> 01:01:08.960]  Third party, Third Amendment?
[01:01:08.960 --> 01:01:09.960]  Get it?
[01:01:09.960 --> 01:01:13.440]  So if you answer a knock at your door and guys in fatigues demand lodging, tell them
[01:01:13.440 --> 01:01:16.840]  to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:16.840 --> 01:01:32.080]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:01:32.080 --> 01:01:35.760]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.760 --> 01:01:39.200]  They guarantee the specific freedoms Americans should know and protect.
[01:01:39.200 --> 01:01:40.680]  Our liberty depends on it.
[01:01:40.680 --> 01:01:44.580]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:01:44.580 --> 01:01:47.560]  one of your constitutional rights.
[01:01:47.560 --> 01:01:49.140]  Privacy is under attack.
[01:01:49.140 --> 01:01:52.740]  When you give up data about yourself, you'll never get it back again.
[01:01:52.740 --> 01:01:57.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.520 --> 01:02:02.680]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:02:02.680 --> 01:02:05.280]  Privacy, it's worth hanging on to.
[01:02:05.280 --> 01:02:09.580]  This public service announcement is brought to you by StartPage.com, the private search
[01:02:09.580 --> 01:02:13.120]  engine alternative to Google, Yahoo, and Bing.
[01:02:13.120 --> 01:02:16.800]  Start over with StartPage.
[01:02:16.800 --> 01:02:22.160]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:22.160 --> 01:02:26.640]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[01:02:26.640 --> 01:02:28.120]  search and seizure.
[01:02:28.120 --> 01:02:29.120]  Fourth Amendment?
[01:02:29.120 --> 01:02:30.480]  Four eyes staring at you?
[01:02:30.480 --> 01:02:31.480]  Get it?
[01:02:31.480 --> 01:02:34.600]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[01:02:34.600 --> 01:02:35.600]  security.
[01:02:35.600 --> 01:02:40.120]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:40.120 --> 01:02:44.160]  When government employees demand a peep at your privates without probable cause, I say
[01:02:44.160 --> 01:02:47.000]  it's time to sound the constitutional alarm bells.
[01:02:47.000 --> 01:02:51.280]  Join me in asking our representatives to dust off the Bill of Rights and use their googly
[01:02:51.280 --> 01:02:53.400]  eyes to take a gander at the Fourth.
[01:02:53.400 --> 01:02:55.320]  I'm Dr. Catherine Albrecht.
[01:02:55.320 --> 01:03:19.640]  More news and information at CatherineAlbrecht.com.
[01:03:25.320 --> 01:03:45.560]  Okay, we are back, Randy Kelton, Brett Fountain, Blue Love Radio on this Friday, the 18th day
[01:03:45.560 --> 01:03:54.920]  of August, 2023, and we're talking to Timothy in Texas about property taxes.
[01:03:54.920 --> 01:04:05.640]  And the point I'm trying to get to is you're not gonna win your case just by finding all
[01:04:05.640 --> 01:04:12.120]  the law and case law in support of your position.
[01:04:12.120 --> 01:04:18.200]  You're gonna win your case when you find all the law against your position and refute it.
[01:04:18.200 --> 01:04:27.920]  I just filed bar grievances against the lawyers who responded for the Texas Court of Criminal
[01:04:27.920 --> 01:04:33.840]  Appeals judges, the Chief Justice of the Texas Supreme, and the heads of all these training
[01:04:33.840 --> 01:04:36.400]  agencies.
[01:04:36.400 --> 01:04:44.080]  And I've filed against the grievance under the American Bar Association model standards
[01:04:44.080 --> 01:04:55.600]  since it's in the federal court, standard 3.3 paragraph A2, or maybe it's just paragraph
[01:04:55.600 --> 01:04:56.600]  A.
[01:04:56.600 --> 01:05:06.640]  Anyway, what it says is that the lawyer must reference any contradicting case law if the
[01:05:06.640 --> 01:05:12.240]  opposing party has not addressed it.
[01:05:12.240 --> 01:05:16.480]  And that's a good practice.
[01:05:16.480 --> 01:05:23.720]  I filed this suit, and someone on the Telegram channel is complaining about year 12, but
[01:05:23.720 --> 01:05:26.960]  I don't have a problem with year 12.
[01:05:26.960 --> 01:05:29.000]  Somebody's breathing too close into their mic.
[01:05:29.000 --> 01:05:33.120]  Timothy, can you move your mic just a little below your mouth?
[01:05:33.120 --> 01:05:36.920]  Okay, that's better.
[01:05:36.920 --> 01:05:39.320]  So now I lost my place.
[01:05:39.320 --> 01:05:41.560]  Brett, where was I?
[01:05:41.560 --> 01:05:43.280]  You were talking about rule 3.03.
[01:05:43.280 --> 01:05:45.600]  Okay, yeah, yeah, yeah, yeah.
[01:05:45.600 --> 01:05:46.960]  It's a good idea.
[01:05:46.960 --> 01:05:54.120]  I want them to give me that rule 12 objection, because they're gonna give me all their arguments.
[01:05:54.120 --> 01:05:59.760]  And once I have all their arguments, now I know their side.
[01:05:59.760 --> 01:06:06.620]  I can dig into their arguments, find holes in their arguments, and then add that to my
[01:06:06.620 --> 01:06:08.520]  next pleading.
[01:06:08.520 --> 01:06:12.640]  So each time I do a pleading, it gets more sophisticated.
[01:06:12.640 --> 01:06:17.320]  You're starting from scratch, and Timothy, you gotta know you're one in probably a million
[01:06:17.320 --> 01:06:23.260]  people who's taken on the tax authority over property tax.
[01:06:23.260 --> 01:06:27.480]  And I've been doing this show for a while, and we've had a lot of people bring this particular
[01:06:27.480 --> 01:06:36.160]  issue that they weren't allowed to charge property taxes, but they're still doing it.
[01:06:36.160 --> 01:06:39.400]  So let's figure out how they're doing it.
[01:06:39.400 --> 01:06:49.400]  There has to be some cases, Texas cases, where people have sued, claiming property taxes
[01:06:49.400 --> 01:06:50.400]  unconstitutional.
[01:06:50.400 --> 01:06:56.480]  Have you done any searches for that?
[01:06:56.480 --> 01:06:58.820]  It wouldn't be that it's unconstitutional.
[01:06:58.820 --> 01:07:04.440]  That would be one of those things that you would have to highlight and refute, because
[01:07:04.440 --> 01:07:11.160]  your argument is not the constitutionality of the tax itself, as much as the applicability
[01:07:11.160 --> 01:07:16.560]  of that to a non-commercial use, just like with the transportation.
[01:07:16.560 --> 01:07:25.480]  Well, what Timothy was saying from the beginning was not necessarily that it's unconstitutional
[01:07:25.480 --> 01:07:35.520]  in all circumstances, but it's unconstitutional to apply ad valorem tax on real property.
[01:07:35.520 --> 01:07:38.360]  He didn't make a distinction of being commercial or non-commercial.
[01:07:38.360 --> 01:07:44.400]  I'm sorry, if I didn't, I should have.
[01:07:44.400 --> 01:07:50.120]  It's private, non-commercial property is what should not be.
[01:07:50.120 --> 01:07:56.120]  So let's only talk about private, non-commercial property.
[01:07:56.120 --> 01:08:03.360]  There has to have been suits in that regard, and I'm gonna suggest instead of spending
[01:08:03.360 --> 01:08:09.620]  all your time looking for the case law you need to support your position, take a bunch
[01:08:09.620 --> 01:08:15.720]  of that time and see if you can find some cases where other guys have took on the same
[01:08:15.720 --> 01:08:21.320]  issue you have, cuz you gotta know there has to be a bunch of them out there.
[01:08:21.320 --> 01:08:27.920]  By the time you've read three or four of them, you'll have just about all the arguments.
[01:08:27.920 --> 01:08:37.880]  In the end, spend your time countermanding their arguments before they get an opportunity
[01:08:37.880 --> 01:08:40.320]  to raise their complaints.
[01:08:40.320 --> 01:08:46.680]  But Randy, then they're not gonna be able to use their templates, their cookie cutters
[01:08:46.680 --> 01:08:47.680]  won't work.
[01:08:47.680 --> 01:08:48.680]  Yeah.
[01:08:48.680 --> 01:08:52.040]  Isn't that rude?
[01:08:52.040 --> 01:08:53.040]  Life is tough.
[01:08:53.040 --> 01:08:54.040]  Get over it.
[01:08:54.040 --> 01:08:58.040]  Yeah, so does that make sense, Timothy?
[01:08:58.040 --> 01:09:05.320]  Yes, sir, but you've given me more homework, okay.
[01:09:05.320 --> 01:09:14.920]  Yeah, and I couldn't find what I needed cuz I could not find where anybody had taken over,
[01:09:14.920 --> 01:09:24.120]  taken on the training given to state officials, and calling that a criminal enterprise.
[01:09:24.120 --> 01:09:27.120]  I couldn't find anything.
[01:09:27.120 --> 01:09:36.320]  So I sued him, and I get these responses, and Young was out there.
[01:09:36.320 --> 01:09:44.440]  The Young Doctrine says that a state cannot immunize its officials from violation of federal
[01:09:44.440 --> 01:09:45.440]  law.
[01:09:45.440 --> 01:09:51.120]  It doesn't say federal law, it says from violation of the federal constitution, or the Supreme
[01:09:51.120 --> 01:09:54.080]  Authority of the United States is what it says.
[01:09:54.080 --> 01:10:01.280]  And on down in the case, it says the state cannot immunize a public official from violations
[01:10:01.280 --> 01:10:04.680]  of federal law.
[01:10:04.680 --> 01:10:08.600]  So that told me how to go at them.
[01:10:08.600 --> 01:10:12.240]  How do I accuse them of violating federal law?
[01:10:12.240 --> 01:10:18.000]  I accused them of conspiring with one another to improperly teach officials.
[01:10:18.000 --> 01:10:27.000]  But I didn't know how to argue it, and when I filed the suit, I got responses.
[01:10:27.000 --> 01:10:34.120]  All of them claimed state immunity.
[01:10:34.120 --> 01:10:43.920]  Nobody referenced the Young Doctrine, or any of those over 5000 cases that referenced Young.
[01:10:43.920 --> 01:10:48.080]  Nobody referenced any of those cases.
[01:10:48.080 --> 01:10:51.720]  So Brett, what's that tell you?
[01:10:51.720 --> 01:10:53.200]  Do they not know about it?
[01:10:53.200 --> 01:11:00.000]  I don't know if they did then, they do now.
[01:11:00.000 --> 01:11:08.640]  They come back and said that Mr. Kelton sued Sharon Keller in her private capacity.
[01:11:08.640 --> 01:11:13.120]  Therefore, the Young Doctrine does not apply.
[01:11:13.120 --> 01:11:20.320]  And then in the next sentence, he says, Sharon Keller has efficient immunity.
[01:11:20.320 --> 01:11:28.200]  Now, wait a minute, did I miss something there?
[01:11:28.200 --> 01:11:32.040]  He wants to have it both ways.
[01:11:32.040 --> 01:11:33.040]  Won't you let him?
[01:11:33.040 --> 01:11:40.800]  Yeah, Timothy, what I'm going to is the lack of sophistication in their answers.
[01:11:40.800 --> 01:11:44.600]  That tells me this hasn't been done before.
[01:11:44.600 --> 01:11:46.920]  Your case is not going to be like that.
[01:11:46.920 --> 01:11:47.920]  Somebody's done this.
[01:11:47.920 --> 01:11:55.480]  A lot of people have done this, and you need to see how many different approaches people
[01:11:55.480 --> 01:12:00.840]  have taken and what the courts have said.
[01:12:00.840 --> 01:12:09.180]  With that said, don't expect to win your case at the end of the day before a jury or even
[01:12:09.180 --> 01:12:12.260]  before the trial judge.
[01:12:12.260 --> 01:12:18.400]  You must always expect the courts to rule against you out of hand at every turn.
[01:12:18.400 --> 01:12:25.720]  That's okay, because your only purpose in the trial court is to set the record for appeal.
[01:12:25.720 --> 01:12:28.000]  That's where you're going to win your court.
[01:12:28.000 --> 01:12:34.440]  So we spend a lot of time on the facts of the case and applying the law to the facts
[01:12:34.440 --> 01:12:41.160]  of the case and trying to convince the judge of the viability of our position.
[01:12:41.160 --> 01:12:46.480]  We should take a step back from that.
[01:12:46.480 --> 01:12:49.680]  The trial court, they're not going to care about the facts.
[01:12:49.680 --> 01:12:53.960]  You do need to get the facts established.
[01:12:53.960 --> 01:12:59.840]  But once you get the facts on the record, it's all about the law as it applies to those
[01:12:59.840 --> 01:13:00.840]  facts.
[01:13:00.840 --> 01:13:06.680]  When you get to the trial court, it's a whole different animal than what you got into it.
[01:13:06.680 --> 01:13:07.680]  I'm sorry.
[01:13:07.680 --> 01:13:11.880]  When you get to the appellate court, it's a whole different thing than what you have
[01:13:11.880 --> 01:13:14.120]  in the trial court.
[01:13:14.120 --> 01:13:23.880]  The appellate court only wants to see what facts are not in contention or have been proved
[01:13:23.880 --> 01:13:29.920]  up and what law has been applied to those facts.
[01:13:29.920 --> 01:13:40.080]  Now neither the trial judge nor the court of appeals has the power to go out and seek
[01:13:40.080 --> 01:13:43.340]  out case law.
[01:13:43.340 --> 01:13:47.560]  You have to bring case law to them.
[01:13:47.560 --> 01:13:54.780]  Then they will tell you if the case law, how the case law applies to the facts.
[01:13:54.780 --> 01:14:02.520]  So it is your job to bring them the facts and the law.
[01:14:02.520 --> 01:14:11.180]  And this is the same thing with the trial judge, Walker V. Packer, the judge has no
[01:14:11.180 --> 01:14:18.780]  discretion in properly applying the law to the facts.
[01:14:18.780 --> 01:14:23.540]  Now he can't go out and research and find the facts himself.
[01:14:23.540 --> 01:14:28.400]  He can't go out and research and find the law for you either.
[01:14:28.400 --> 01:14:30.440]  That's your job.
[01:14:30.440 --> 01:14:35.480]  He will take the facts you put before properly put before the court in accordance with the
[01:14:35.480 --> 01:14:36.480]  rules of evidence.
[01:14:36.480 --> 01:14:44.420]  Then he will take the law that you put before the court and apply that law to the facts.
[01:14:44.420 --> 01:14:48.680]  Very important, we understand those two points.
[01:14:48.680 --> 01:14:54.680]  He's not going to send his clerks out digging up all the law for you.
[01:14:54.680 --> 01:14:57.120]  Your job to do that.
[01:14:57.120 --> 01:15:07.160]  So point made, take the other guy's side and figure out how you would kick your own behind.
[01:15:07.160 --> 01:15:11.280]  All right.
[01:15:11.280 --> 01:15:16.240]  Okay, does that make sense?
[01:15:16.240 --> 01:15:24.640]  And then call us next week.
[01:15:24.640 --> 01:15:31.440]  And I want to hear some really sophisticated arguments.
[01:15:31.440 --> 01:15:37.560]  What do these guys bring up first, because I can guarantee you the lawyers who fight
[01:15:37.560 --> 01:15:41.820]  these issues, they've already done this.
[01:15:41.820 --> 01:15:52.640]  So you're not gonna find a whole class of pleadings that all go to different places
[01:15:52.640 --> 01:15:55.240]  on this area.
[01:15:55.240 --> 01:15:59.620]  The lawyers don't do all the homework, they go pull the cases that are already there.
[01:15:59.620 --> 01:16:07.200]  So you're probably gonna find three or four, maybe five arguments at most that everybody
[01:16:07.200 --> 01:16:09.680]  uses.
[01:16:09.680 --> 01:16:14.520]  So it's not as hard as it seems on the surface.
[01:16:14.520 --> 01:16:18.800]  A lawyer, when he gets something like this, something he hasn't done before, he'll do
[01:16:18.800 --> 01:16:22.880]  exactly what I'm asking you to do.
[01:16:22.880 --> 01:16:31.000]  And they will all tend to find the same cases, and they will develop a pattern of arguing
[01:16:31.000 --> 01:16:32.480]  those cases.
[01:16:32.480 --> 01:16:37.080]  They'll take the arguments that win, there won't be that video.
[01:16:37.080 --> 01:16:45.200]  Once you've done this research, then you'll know this subject as well as if not better
[01:16:45.200 --> 01:16:48.200]  than the lawyers.
[01:16:48.200 --> 01:16:49.200]  Then you got a chance.
[01:16:49.200 --> 01:16:53.200]  Okay, do you have anything else for us on the other side?
[01:16:53.200 --> 01:16:54.200]  Not tonight, no.
[01:16:54.200 --> 01:17:00.120]  Okay, thank you, Timothy, Randy Kelton, we're at Fountain, we'll be right back.
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[01:19:57.840 --> 01:20:13.560]  Okay, we are back, Randy Kelton, Brett Fountain, Wheel of Love Radio, and Brett needs to chew
[01:20:13.560 --> 01:20:14.640]  me out on the air.
[01:20:14.640 --> 01:20:22.920]  He worked me over on the break, and it was well-deserved.
[01:20:22.920 --> 01:20:28.000]  Give us that comment, Brett, you made about my laziness.
[01:20:28.000 --> 01:20:29.800]  Man I didn't say any of that stuff.
[01:20:29.800 --> 01:20:40.680]  So I was just asking about the, it's my understanding that when we bar-grieve somebody for violation
[01:20:40.680 --> 01:20:46.640]  of the ethics rules that lawyers swear to follow, it's my understanding that we use
[01:20:46.640 --> 01:20:52.000]  the state rules even if they are currently violating that in the Fed.
[01:20:52.000 --> 01:20:59.560]  It could be a federal court, but the federal level doesn't have some sort of review board
[01:20:59.560 --> 01:21:02.680]  to deal with the grievances.
[01:21:02.680 --> 01:21:07.960]  They're a member of some state association, some bar association at state level, even
[01:21:07.960 --> 01:21:10.180]  if they're practicing in the Fed.
[01:21:10.180 --> 01:21:16.000]  So for bar grievances, we're complaining about a state rule.
[01:21:16.000 --> 01:21:23.600]  Now they're all adopted from the model rules, these American Bar Association model rules.
[01:21:23.600 --> 01:21:27.760]  They're all adopted from that, and very little changes here and there in the states as they
[01:21:27.760 --> 01:21:29.240]  adopted them.
[01:21:29.240 --> 01:21:34.080]  So you probably find rule 3.3 matches what's in the state.
[01:21:34.080 --> 01:21:46.840]  Yeah, but I may be fine, but it made me look like a chump, made me look like a amateur.
[01:21:46.840 --> 01:21:54.120]  I should have thought of that, it just didn't occur to me, I was not thorough enough.
[01:21:54.120 --> 01:22:01.560]  So I wasn't calling you lazy or anything, but just I thought I'd bring that up in case
[01:22:01.560 --> 01:22:07.760]  somebody else is thinking about grieving somebody in the Fed.
[01:22:07.760 --> 01:22:09.280]  That's why I wanted you to address it on the air.
[01:22:09.280 --> 01:22:13.880]  That was important that we pay attention to the details.
[01:22:13.880 --> 01:22:16.840]  That's where we win this is in the details.
[01:22:16.840 --> 01:22:21.120]  And that's one where I dropped the ball.
[01:22:21.120 --> 01:22:22.360]  And I don't feel bad about that.
[01:22:22.360 --> 01:22:25.020]  Not really, because this wasn't a bar grievance.
[01:22:25.020 --> 01:22:27.360]  This was part of your pleadings.
[01:22:27.360 --> 01:22:31.640]  So you're referencing that, but it wasn't the grievance itself, right?
[01:22:31.640 --> 01:22:35.360]  No, these are the grievances.
[01:22:35.360 --> 01:22:40.000]  Yeah, I use that in the bar grievance as a reason for the grievance.
[01:22:40.000 --> 01:22:43.200]  So it kind of made me look like a bit of an amateur.
[01:22:43.200 --> 01:22:45.920]  Well, but you know what?
[01:22:45.920 --> 01:22:51.160]  That actually could give you another shot at another lawyer, believe it or not.
[01:22:51.160 --> 01:22:59.280]  I just got one back today from the state bar, the review board, and they said in there that
[01:22:59.280 --> 01:23:10.320]  the conduct that I described of that lawyer is not a violation of any particular rule.
[01:23:10.320 --> 01:23:18.360]  Well, you know me, Randy, I copy and paste directly from the rule.
[01:23:18.360 --> 01:23:27.520]  So now I've got this other person over here, Bianca Puente, and apparently she can't read.
[01:23:27.520 --> 01:23:33.640]  So now she's got her bar card is going to get a ding on it because her job really requires
[01:23:33.640 --> 01:23:34.640]  reading.
[01:23:34.640 --> 01:23:39.000]  And that's so she demonstrated incompetence.
[01:23:39.000 --> 01:23:40.000]  That's rule 1.01.
[01:23:40.000 --> 01:23:41.000]  Yes.
[01:23:41.000 --> 01:23:42.000]  01.
[01:23:42.000 --> 01:23:44.160]  I remembered that one.
[01:23:44.160 --> 01:23:50.560]  The first one.
[01:23:50.560 --> 01:23:58.280]  So that might circle back and give you another chance to hit somebody else there.
[01:23:58.280 --> 01:24:04.220]  Just for so everybody else knows, when it comes to finding bar grievances, it's easy
[01:24:04.220 --> 01:24:06.960]  to find bar grievances.
[01:24:06.960 --> 01:24:14.080]  I try to find the bar grievances that are the most embarrassing to the lawyer.
[01:24:14.080 --> 01:24:18.000]  Because there's more we can find more grievances than we could ever get to.
[01:24:18.000 --> 01:24:25.280]  I don't think there's any way that you could walk down the street in any city in the country
[01:24:25.280 --> 01:24:29.760]  and not violate some law.
[01:24:29.760 --> 01:24:33.080]  Lawyers are in the same position.
[01:24:33.080 --> 01:24:38.320]  There's not any way they can adjudicate a case for their client and not violate some
[01:24:38.320 --> 01:24:41.960]  bar association standard.
[01:24:41.960 --> 01:24:45.440]  So finding them is easy.
[01:24:45.440 --> 01:24:47.400]  So that got to be easy.
[01:24:47.400 --> 01:24:51.400]  So now I try to find the ones that will be most embarrassing.
[01:24:51.400 --> 01:25:02.640]  And when they filed the response to my answer, they brought up younger, I'm sorry, younger.
[01:25:02.640 --> 01:25:04.840]  They brought up the young doctor.
[01:25:04.840 --> 01:25:07.600]  They addressed it.
[01:25:07.600 --> 01:25:12.160]  But not until I had and then grieved them for not addressing it, then they decided to
[01:25:12.160 --> 01:25:13.160]  address it.
[01:25:13.160 --> 01:25:18.320]  So now I'm looking at it.
[01:25:18.320 --> 01:25:27.400]  The kind of things I like are the kinds that will most likely get the judge upset at them.
[01:25:27.400 --> 01:25:39.560]  And probably the biggest one is misquoting or misrepresenting case law.
[01:25:39.560 --> 01:25:47.680]  One in particular, the Garza, the district attorney in Travis County, used this quotation,
[01:25:47.680 --> 01:25:50.000]  this sentence.
[01:25:50.000 --> 01:25:53.120]  And he gave me the case it came out of.
[01:25:53.120 --> 01:25:57.360]  And it was so cool.
[01:25:57.360 --> 01:25:59.320]  It was subtle.
[01:25:59.320 --> 01:26:06.560]  If you read that sentence all by itself, it seemed to say one thing.
[01:26:06.560 --> 01:26:12.540]  But if you read the whole paragraph that it's in, it said something else.
[01:26:12.540 --> 01:26:19.800]  So I accused him of not reading the case, but just reading the headnotes and throwing
[01:26:19.800 --> 01:26:22.800]  something at the judge.
[01:26:22.800 --> 01:26:27.600]  And you know that's exactly what he did.
[01:26:27.600 --> 01:26:28.600]  Yes.
[01:26:28.600 --> 01:26:31.880]  Read the whole paragraph, it gives a different impression.
[01:26:31.880 --> 01:26:35.520]  And I quoted the paragraph right there.
[01:26:35.520 --> 01:26:37.760]  And it had a hyperlink on it.
[01:26:37.760 --> 01:26:40.820]  I use case text.
[01:26:40.820 --> 01:26:47.600]  If you copy something out of case text, when you select it, it'll give you a little box
[01:26:47.600 --> 01:26:55.160]  down at the bottom, and one of them is a copy with citation.
[01:26:55.160 --> 01:27:01.800]  So when you drop that in, it doesn't just give you the case, it gives you the page that
[01:27:01.800 --> 01:27:06.840]  your citation is on.
[01:27:06.840 --> 01:27:09.480]  So I always copy with citation.
[01:27:09.480 --> 01:27:14.120]  So if the judge, you know, I'd like to find where they screwed up with the case law.
[01:27:14.120 --> 01:27:17.560]  You find it all the time.
[01:27:17.560 --> 01:27:29.880]  My favorite one was having to do with, what was this one?
[01:27:29.880 --> 01:27:32.880]  We used to say this, but now we say this.
[01:27:32.880 --> 01:27:38.700]  No, this one was, there were four cases, this is where they said you didn't have a right
[01:27:38.700 --> 01:27:41.960]  to an examining trial.
[01:27:41.960 --> 01:27:51.320]  They cited a case, and that case cited another case, and that case cited another case.
[01:27:51.320 --> 01:27:59.040]  And that third case cited another case, and this was the last case.
[01:27:59.040 --> 01:28:02.800]  The case after it went to old English law.
[01:28:02.800 --> 01:28:06.920]  And this one said, you don't have a right to an examining trial.
[01:28:06.920 --> 01:28:08.720]  No argument, nothing in support.
[01:28:08.720 --> 01:28:13.560]  They just said it with no support for it at all.
[01:28:13.560 --> 01:28:19.800]  So anybody get this case, this case is a nothing case because it provides no statutory or case
[01:28:19.800 --> 01:28:20.800]  law support.
[01:28:20.800 --> 01:28:24.640]  It just made a blank statement.
[01:28:24.640 --> 01:28:29.320]  And then this other case referenced it.
[01:28:29.320 --> 01:28:32.120]  So it's four cases deep.
[01:28:32.120 --> 01:28:39.440]  You got all these cases all referencing down to that one, like it means something.
[01:28:39.440 --> 01:28:44.840]  And nobody ever looked, all of those, wow.
[01:28:44.840 --> 01:28:46.720]  Apparently nobody looked.
[01:28:46.720 --> 01:28:53.120]  With these engines now, these search engines, we could do that quickly.
[01:28:53.120 --> 01:29:01.260]  You pull up the case, you take the section of the case that you're interested in and
[01:29:01.260 --> 01:29:07.520]  look for a unique sentence in there or a phrase in a sentence that's unique and goes to your
[01:29:07.520 --> 01:29:08.520]  issue.
[01:29:08.520 --> 01:29:15.480]  Copy it out, click on the case it's cited from, hit Ctrl-F, it'll give you a search
[01:29:15.480 --> 01:29:16.480]  window.
[01:29:16.480 --> 01:29:19.920]  Drop that in there and boom, you go right to where they're cited.
[01:29:19.920 --> 01:29:22.320]  So it takes no time at all.
[01:29:22.320 --> 01:29:29.120]  And when you get that, then back up either to the top of the paragraph it's in or to
[01:29:29.120 --> 01:29:34.400]  the top of the section it's in and scan over that.
[01:29:34.400 --> 01:29:42.200]  And you will be surprised how often this case law is taken wholly out of context.
[01:29:42.200 --> 01:29:49.120]  It has words in it that seem to create the meaning they want.
[01:29:49.120 --> 01:29:57.360]  If those words are out of context, when you read the whole paragraph, it changes everything.
[01:29:57.360 --> 01:29:58.360]  All the time.
[01:29:58.360 --> 01:29:59.360]  It's like it does.
[01:29:59.360 --> 01:30:00.360]  Hang on Ruby.
[01:30:00.360 --> 01:30:05.480]  Sorry, soft drink lovers, even diet drinks can make you fat.
[01:30:05.480 --> 01:30:10.120]  A new study shows that diet soda drinkers gain much more weight than people who avoid
[01:30:10.120 --> 01:30:11.120]  the stuff.
[01:30:11.120 --> 01:30:14.920]  I'm Dr. Catherine Albrecht and I'll be back in a moment with a scoop on supposedly
[01:30:14.920 --> 01:30:17.160]  skinny sodas.
[01:30:17.160 --> 01:30:18.760]  Privacy is under attack.
[01:30:18.760 --> 01:30:22.360]  When you give up data about yourself, you'll never get it back again.
[01:30:22.360 --> 01:30:27.120]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.120 --> 01:30:32.200]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.200 --> 01:30:34.880]  Privacy, it's worth hanging on to.
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[01:30:46.240 --> 01:30:50.240]  Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:50.240 --> 01:30:51.240]  Wrong.
[01:30:51.240 --> 01:30:55.920]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:55.920 --> 01:31:00.880]  They found that regularly drinking diet soda expanded people's waistlines five times more
[01:31:00.880 --> 01:31:02.640]  than no soda at all.
[01:31:02.640 --> 01:31:07.440]  The study's authors say artificial sweeteners trigger the appetite, but unlike regular sugars,
[01:31:07.440 --> 01:31:09.600]  don't deliver anything to squelch it.
[01:31:09.600 --> 01:31:14.120]  Waking up hunger without satisfying it leads to cravings, which can result in a larger
[01:31:14.120 --> 01:31:15.960]  overall calorie intake.
[01:31:15.960 --> 01:31:20.360]  So use natural sweeteners to maintain a healthy weight, and if you need to shed some pounds,
[01:31:20.360 --> 01:31:23.560]  avoid the sweet stuff altogether and drink water instead.
[01:31:23.560 --> 01:31:30.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:30.480 --> 01:31:35.880]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.880 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:42.920]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.920 --> 01:31:45.680]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.680 --> 01:31:48.360]  Thousands of my fellow first responders are dying.
[01:31:48.360 --> 01:31:49.800]  I'm not a conspiracy theorist.
[01:31:49.800 --> 01:31:50.800]  I'm a structural engineer.
[01:31:50.800 --> 01:31:52.200]  I'm a New York City correction officer.
[01:31:52.200 --> 01:31:53.200]  I'm an Air Force pilot.
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[01:33:05.000 --> 01:33:33.320]  The Texas Transportation Code, the law, the law, the law, the law, the law, the law, the
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[01:33:44.560 --> 01:34:01.360]  Okay, we are back, Randy Kelton, Brett Fountain rule of law radio on this Friday, the 18th
[01:34:01.360 --> 01:34:08.520]  day of August 2023. And I've finally said that enough that I can say it without tripping
[01:34:08.520 --> 01:34:09.520]  over myself.
[01:34:09.520 --> 01:34:12.240]  So it's not October anymore?
[01:34:12.240 --> 01:34:19.240]  Yeah, without throwing October in there. Okay, we're gonna go to Imprim in Texas. Hello,
[01:34:19.240 --> 01:34:20.240]  Imprim.
[01:34:20.240 --> 01:34:21.240]  How y'all doing tonight?
[01:34:21.240 --> 01:34:22.240]  Doing good.
[01:34:22.240 --> 01:34:23.240]  Good evening.
[01:34:23.240 --> 01:34:30.360]  An old fat guy. I was gonna say a couple old fat guys, but I'll just stick with mine.
[01:34:30.360 --> 01:34:34.320]  Okay.
[01:34:34.320 --> 01:34:36.640]  What do you have for us tonight?
[01:34:36.640 --> 01:34:46.000]  Well, I was telling you last night, we never, we just kind of touching the tip of the situation
[01:34:46.000 --> 01:34:47.400]  I'm involved in here.
[01:34:47.400 --> 01:34:51.520]  Okay, wait, wait, we have a lot of people on tonight that probably weren't here last
[01:34:51.520 --> 01:34:57.920]  night. So give us a quick update, bring us back up to spring, everybody else up to speed.
[01:34:57.920 --> 01:35:00.960]  Yes, sir. I'm dealing with
[01:35:00.960 --> 01:35:06.320]  Now let me tell you, I didn't ask you to do that because I forgot what you were talking
[01:35:06.320 --> 01:35:10.480]  about last night. Oh, absolutely not. That is not it.
[01:35:10.480 --> 01:35:14.280]  Nothing to do with age or any of that?
[01:35:14.280 --> 01:35:16.400]  Okay, go ahead.
[01:35:16.400 --> 01:35:24.760]  Yes, I'm dealing with a Homeowner's Association. And they're doing everything in the world
[01:35:24.760 --> 01:35:30.080]  to keep me from building a home on my property that I've owned. And I was just trying to
[01:35:30.080 --> 01:35:40.400]  see, get some information, some help to rebut them as without a lawyer, because I've been
[01:35:40.400 --> 01:35:46.640]  through this process so far at this point without a lawyer, and somehow they're able
[01:35:46.640 --> 01:35:52.320]  to get a lot of stuff done that I, and I don't, I'm not getting information that I think I
[01:35:52.320 --> 01:35:58.800]  should get. And, and, and I'm, I'm not sure, you know, kind of, kind of want to fill it
[01:35:58.800 --> 01:36:03.320]  out and see if I can get some help with that.
[01:36:03.320 --> 01:36:14.000]  Okay. I, did I reference David Lewis last night that I had a friend who was in a issue
[01:36:14.000 --> 01:36:16.000]  with Homeowner's Association?
[01:36:16.000 --> 01:36:23.760]  I can't, no, we never got to that point. We just like 10 minutes left and we basically
[01:36:23.760 --> 01:36:28.160]  just kind of, I kind of, you know, gave you some of the history of what I had.
[01:36:28.160 --> 01:36:37.040]  Okay. The Homeowner's Association is all civil. And Homeowner's Associations have really been
[01:36:37.040 --> 01:36:45.480]  a problem. We've got Jane, she's probably listening. She's been through the routine
[01:36:45.480 --> 01:36:51.780]  with them. And David Lewis is in a suit with them now. He's been in a fight with them for
[01:36:51.780 --> 01:36:55.760]  several years.
[01:36:55.760 --> 01:37:06.120]  This is hard to fight. Homeowner's Association, they use your money to fight against you.
[01:37:06.120 --> 01:37:16.600]  So there's not an easy way to take them on. All of the covenants of the Homeowner's Association
[01:37:16.600 --> 01:37:28.200]  rules are all contractual covenants. Do you have the charter of the Homeowner's Association?
[01:37:28.200 --> 01:37:36.280]  I don't. Initially, when I bought the property 24 years ago, I had one.
[01:37:36.280 --> 01:37:39.480]  Yeah, did you say recently, did you say last night you were trying to get it and they won't
[01:37:39.480 --> 01:37:41.480]  give it to you?
[01:37:41.480 --> 01:37:45.720]  Can't get it from them. I requested some things.
[01:37:45.720 --> 01:37:54.720]  Okay, you're in Texas. Read Brett Pre-Litigation Discovery 241.
[01:37:54.720 --> 01:37:56.720]  I think it's 202.
[01:37:56.720 --> 01:38:07.000]  Okay, right, right. Rules of Civil Procedure, rule 202. Texas has the best pre-litigation
[01:38:07.000 --> 01:38:13.120]  discovery of any state in the union. Read an article about it and one lawyer referred
[01:38:13.120 --> 01:38:19.080]  to it as the old west of discoverers.
[01:38:19.080 --> 01:38:30.400]  So how do you file a 202, Brett? We just do that in a letter?
[01:38:30.400 --> 01:38:34.200]  I've not done it.
[01:38:34.200 --> 01:38:43.000]  I need to talk. Ken Magnuson's done it, but he's mad at me because I voted for Trump.
[01:38:43.000 --> 01:38:50.280]  Yeah, I would think go ahead and just reference it just like you're doing. If I were doing
[01:38:50.280 --> 01:38:55.720]  it right now today, I would put it out there as any other discovery request that you make
[01:38:55.720 --> 01:39:01.400]  and just change the top instead of referencing 196 or 198 for whatever you're asking, just
[01:39:01.400 --> 01:39:08.420]  reference 202 and make your regular discovery request. That's what I would think makes sense.
[01:39:08.420 --> 01:39:19.440]  If they don't respond to it, then make up a petition for writ of mandamus. Not mandamus
[01:39:19.440 --> 01:39:31.800]  yet. A petition for an order. How would we do that, Brett? We're gonna ask a district
[01:39:31.800 --> 01:39:40.400]  court probably, since this is likely to be high enough to be in a district court, ask
[01:39:40.400 --> 01:39:44.960]  the district court to order them to provide pre-litigation discovery.
[01:39:44.960 --> 01:39:49.560]  Yeah, I would think that makes perfect sense. A district court should handle that.
[01:39:49.560 --> 01:39:54.880]  But what we're gonna get is a clerk that doesn't know anything about it, and she's gonna tell
[01:39:54.880 --> 01:40:06.040]  you you have to file a civil action. What if you were to say that you're restrained
[01:40:06.040 --> 01:40:15.080]  in your liberty? Because you're restrained in your liberty, a habeas actually would come
[01:40:15.080 --> 01:40:20.800]  into play. So then they're having to look at your document even though they can't charge
[01:40:20.800 --> 01:40:29.080]  you for it. Okay, rule 202, depositions before suit or
[01:40:29.080 --> 01:40:39.600]  to investigate claims. 202.1, generally a person may petition the court for an order
[01:40:39.600 --> 01:40:46.080]  authorizing the taking of a deposition on oral examination or written questions either
[01:40:46.080 --> 01:40:52.720]  a to perpetuate or obtain the person's own testimony or that of the other person for
[01:40:52.720 --> 01:40:59.720]  use in an anticipated suit. This says you can petition the court.
[01:40:59.720 --> 01:41:08.160]  But see that you're gonna get a clerk that doesn't know anything about law.
[01:41:08.160 --> 01:41:13.840]  But if you reference the rule, she can go look at it.
[01:41:13.840 --> 01:41:23.400]  That's why I read that, that was not clear. I just put in rule 202 case law. And all I'm
[01:41:23.400 --> 01:41:37.320]  getting is the citations of the rule. Okay, look up the pre-suit discovery under rule
[01:41:37.320 --> 01:41:51.200]  202. Here I found what looks like an article from the University of Texas. Find some places
[01:41:51.200 --> 01:41:56.380]  where people have done that. You're gonna need something to give to the clerk, so she
[01:41:56.380 --> 01:42:01.840]  doesn't try to charge you four or 500 bucks to file a suit.
[01:42:01.840 --> 01:42:11.680]  Okay, I'm ready. This is something I've looked at, I've talked
[01:42:11.680 --> 01:42:21.040]  about it, but I've never actually looked into it before. So we might be able to get you
[01:42:21.040 --> 01:42:27.560]  to do our research for us. Wouldn't that be cool?
[01:42:27.560 --> 01:42:31.520]  I've looked into it but you asked a very good question. What do you do if they don't
[01:42:31.520 --> 01:42:44.440]  answer this? So I have put in a folder for that and I'll
[01:42:44.440 --> 01:42:51.080]  put in a note that when I'm working tomorrow I'll try to remember to do a little digging
[01:42:51.080 --> 01:42:57.880]  on pre-litigation discovery. Okay, let's drop this for the moment because that's all we
[01:42:57.880 --> 01:43:10.360]  know about it and let's move ahead. Okay, give us an idea of, a little better idea of
[01:43:10.360 --> 01:43:15.280]  what they're trying to do. The last time I talked to you I got the impression you felt
[01:43:15.280 --> 01:43:29.960]  like it was because you were a negro. Is that it? You think there's that kind of issue?
[01:43:29.960 --> 01:43:45.960]  Because if that's the case, you've got great stuff.
[01:43:45.960 --> 01:43:54.640]  Okay, hang on, we'll pick this up on the other side. Randy Fountain reviews our radio, we'll
[01:43:54.640 --> 01:44:00.480]  be right back.
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[01:45:57.240 --> 01:45:58.240]  866-LAW-EZ.
[01:45:58.240 --> 01:46:21.240]  Well, you know karma is lurking around the corner. You better watch every step you take.
[01:46:21.240 --> 01:46:31.760]  It's in reality. How can karma is lurking around the corner? Sing, Jerry, come on.
[01:46:31.760 --> 01:46:47.560]  As we sow, so shall we reap. So many crucial words get put on all that we see. Try as we
[01:46:47.560 --> 01:47:07.880]  sow, so shall we reap. As we sow, so shall we reap. Everybody listen to this song. Karma
[01:47:07.880 --> 01:47:18.160]  is lurking around the corner. Okay, we are back to Randy Kelton, Brent Fountain, Rule
[01:47:18.160 --> 01:47:26.040]  of Law Radio, and we're talking to him from in Texas. And if I got this right from last
[01:47:26.040 --> 01:47:30.600]  night, you were, you're thinking they're doing this because you're black and they don't want
[01:47:30.600 --> 01:47:34.360]  you in their neighborhood. Am I right about that?
[01:47:34.360 --> 01:47:41.920]  Yes, because of the fact that they've already sued me. And based on what they sued me for,
[01:47:41.920 --> 01:47:52.040]  I got video of everything that they was able to get to just to say that I was wrong with.
[01:47:52.040 --> 01:48:00.200]  I can show it to you at eight to 10 other places saying, but those people on the board
[01:48:00.200 --> 01:48:05.720]  are, they're on the planning committee.
[01:48:05.720 --> 01:48:15.640]  Have you filed, okay, they filed an action against you. Did they just issue citations
[01:48:15.640 --> 01:48:18.120]  against you or did they file suit?
[01:48:18.120 --> 01:48:24.600]  No, they filed a full suit and was rewarded with judgment.
[01:48:24.600 --> 01:48:30.600]  Have you filed a counterclaim? No, that's where I'm at now because it's gotten to the
[01:48:30.600 --> 01:48:38.360]  point now where they basically had to, the judge had me, they had me in contempt. Now
[01:48:38.360 --> 01:48:46.200]  they had a, they filed an issue, a petition, a written petition. Everything else I didn't
[01:48:46.200 --> 01:48:51.680]  know anything about because they said they served me through an e-file or email, but
[01:48:51.680 --> 01:48:58.040]  I was processed. So I didn't get anything at all, hard copy. And the only thing I got
[01:48:58.040 --> 01:49:03.120]  a hard copy of was the show cause, which that's meant, you know, you know what that means.
[01:49:03.120 --> 01:49:08.560]  And at that point it was a year later and they had had three or four hearings between
[01:49:08.560 --> 01:49:09.560]  the time.
[01:49:09.560 --> 01:49:14.160]  Wait, wait, hold on, hold on. You didn't get served with the original petition?
[01:49:14.160 --> 01:49:21.840]  I did. Yes, I did. I got served with that, but the other things, the court dates, there
[01:49:21.840 --> 01:49:26.760]  were court hearings and things like that. I didn't get served with none of those things.
[01:49:26.760 --> 01:49:30.640]  None of them. There was three other hearings from what I was, cause I went to a show cause
[01:49:30.640 --> 01:49:37.240]  hearing, which is contempt the court. He was threatening with six months in jail because
[01:49:37.240 --> 01:49:44.480]  I had building materials out there, the stone, the brick, cause I was building a certain
[01:49:44.480 --> 01:49:49.960]  size house, brick house with what they said had to be light materials. But I started bringing
[01:49:49.960 --> 01:49:55.280]  the materials out on the property cause I was able to buy it at the time. I started
[01:49:55.280 --> 01:50:02.360]  setting up the pad for the dirt and everything, put all that out there and they changed, they
[01:50:02.360 --> 01:50:07.480]  removed the pad. I had to remove all of the stone because the judge said I was in contempt
[01:50:07.480 --> 01:50:12.440]  the court for not doing what he said. And he was going to put me in jail for six months.
[01:50:12.440 --> 01:50:19.720]  I had never been to jail before. And so I, I did what I could. And then when I, when
[01:50:19.720 --> 01:50:25.680]  I didn't finish in time, then they came back in with another situation where they wanted
[01:50:25.680 --> 01:50:30.560]  to do it. And he was going to put me in jail that day. So I had been in court twice for
[01:50:30.560 --> 01:50:34.880]  the contempt thing. But the other here is I, and only way that's, this is how I got
[01:50:34.880 --> 01:50:39.920]  the papers for the contempt of court. The lady that delivers the mail to that, to that
[01:50:39.920 --> 01:50:48.040]  area signed for the certified mail, the court, the mail carrier, and then put it in my box.
[01:50:48.040 --> 01:50:49.040]  Whoa.
[01:50:49.040 --> 01:50:50.040]  Okay.
[01:50:50.040 --> 01:50:55.480]  I never heard of that, somebody doing that.
[01:50:55.480 --> 01:50:58.080]  That gets you in the federal court.
[01:50:58.080 --> 01:51:03.680]  Okay. See that's, that was a friend of mine.
[01:51:03.680 --> 01:51:09.920]  This is too complicated. Have you written up a timeline?
[01:51:09.920 --> 01:51:15.600]  Timeline is, I got a year from as of August, July the 5th.
[01:51:15.600 --> 01:51:23.280]  Okay. You need to go back from the time you purchased the property and build a statement,
[01:51:23.280 --> 01:51:29.840]  build a timeline. This happened and this happened and this happened. Just you want to get everything
[01:51:29.840 --> 01:51:31.840]  in chronological order.
[01:51:31.840 --> 01:51:37.360]  Okay. I'll tell you the whole thing. I have, excuse me for interrupting you. I have that
[01:51:37.360 --> 01:51:43.320]  because based on the, every time I would try to do something as far as submitting issues
[01:51:43.320 --> 01:51:50.200]  or paperwork to bill, there was even a point I did everything in the county approved it.
[01:51:50.200 --> 01:51:55.040]  And the homeowners came back and said that it wasn't to their satisfaction, but the county
[01:51:55.040 --> 01:52:03.680]  had already given me the permit to bill. And they held it up for the time of the issue
[01:52:03.680 --> 01:52:04.680]  of the permit.
[01:52:04.680 --> 01:52:09.080]  You had so many days to start and they just held me up and held me up and held me up.
[01:52:09.080 --> 01:52:13.480]  And then it was null and void because I didn't start in time.
[01:52:13.480 --> 01:52:20.920]  Okay. You need to prepare a countersuit. But before you prepare a countersuit, you need
[01:52:20.920 --> 01:52:27.000]  to get a good timeline. Can you send me a timeline?
[01:52:27.000 --> 01:52:29.440]  I can do that.
[01:52:29.440 --> 01:52:34.600]  Send that to me and let me go down there. Give me something to work from and we can
[01:52:34.600 --> 01:52:42.400]  talk about this next week. But this sounds like you need to file a countersuit. These
[01:52:42.400 --> 01:52:51.260]  guys want to fight? Give them a fight. Accused them of prejudice. They're trying to block
[01:52:51.260 --> 01:52:59.440]  you because you're black and that's a big deal. And that gets them in the federal court.
[01:52:59.440 --> 01:53:15.080]  So you file a counter complaint and accuse them of violating Civil Rights Act and then
[01:53:15.080 --> 01:53:20.080]  file a removal to the federal court.
[01:53:20.080 --> 01:53:25.000]  Okay.
[01:53:25.000 --> 01:53:33.040]  I would get it out of these guys' hands and that'll raise the bar for them considerably.
[01:53:33.040 --> 01:53:37.080]  But before you do that, make up a timeline, send it to me.
[01:53:37.080 --> 01:53:40.800]  Okay, what would you like me to send it to?
[01:53:40.800 --> 01:53:55.760]  Send it to Randy, r-e-n-d-y, at rule, r-u-l-e, of lawradio.com. You can find that on the
[01:53:55.760 --> 01:54:00.040]  rule of law radio website if you forget to learn it.
[01:54:00.040 --> 01:54:05.840]  Okay. All right, let me get that together and I'll get the information to you because
[01:54:05.840 --> 01:54:14.520]  if I told you the old story, just some of the things that had been done, I got people
[01:54:14.520 --> 01:54:20.680]  that were afraid to testify, but they went and even said they were the owners, stopping
[01:54:20.680 --> 01:54:25.280]  them from things that the homeowners' association wanted done. They would tell them, I sent
[01:54:25.280 --> 01:54:30.680]  out a contractor to do the work, which he doesn't. I'll pick a person to do it. I'm
[01:54:30.680 --> 01:54:35.280]  not going to check his credentials. I'll say, I need you to go fix this. I'll go do that.
[01:54:35.280 --> 01:54:38.280]  I'll go out and tell them they were the owners and they had to leave the property, or they
[01:54:38.280 --> 01:54:44.200]  were going to call the police. That happened at least four or five times. Then I finally
[01:54:44.200 --> 01:54:50.560]  found out who did that by tracing me. I had one guy who was willing to watch where the
[01:54:50.560 --> 01:54:57.960]  guy went and wrote their address down. I have his address and he said he's willing to testify,
[01:54:57.960 --> 01:55:03.480]  but when I call him sometimes, when it comes time to get an affidavit or something like
[01:55:03.480 --> 01:55:08.000]  that from him, I can't really get him to respond.
[01:55:08.000 --> 01:55:12.000]  Well, that's easy enough. You can subpoena him.
[01:55:12.000 --> 01:55:13.000]  Yes.
[01:55:13.000 --> 01:55:20.680]  And subpoena will get his attention. Okay, the person who told him that, was that another
[01:55:20.680 --> 01:55:23.160]  resident of the neighborhood?
[01:55:23.160 --> 01:55:24.160]  Yes.
[01:55:24.160 --> 01:55:31.680]  Oh, good. You need to find out who, you can sue that person as an unknown person that
[01:55:31.680 --> 01:55:40.000]  you can determine who it is subject to discovery. Then you start suing the individuals who interfered
[01:55:40.000 --> 01:55:50.280]  with you. You start dragging them in there. The best fight to have is the one you picked.
[01:55:50.280 --> 01:55:58.800]  They want to mess with you, you go pick a legal fight with them. So your counterclaim,
[01:55:58.800 --> 01:56:09.560]  that'll put the pressure off, especially if you bring a counterclaim for the 1965 Civil
[01:56:09.560 --> 01:56:13.800]  Rights Act. That's a big deal.
[01:56:13.800 --> 01:56:19.440]  Yeah. And by making it federal, they're going to get removed off to the Fed where they don't
[01:56:19.440 --> 01:56:26.080]  have their buddies that work for the local people. So then they're going to have a whole
[01:56:26.080 --> 01:56:33.200]  different set of suits to deal with. Suits, I mean like lawyers.
[01:56:33.200 --> 01:56:46.160]  You need to look at e-filing in Texas. Brett, if you've never signed up to e-file, can the
[01:56:46.160 --> 01:56:49.280]  other side serve you by email?
[01:56:49.280 --> 01:56:56.040]  Yes, they can. If you specifically tell them that you can't, that you can be served that
[01:56:56.040 --> 01:57:01.240]  way. There's a rule for allowing that.
[01:57:01.240 --> 01:57:06.480]  Did you allow them to serve you by email?
[01:57:06.480 --> 01:57:07.480]  No.
[01:57:07.480 --> 01:57:08.480]  Okay.
[01:57:08.480 --> 01:57:13.920]  No. That's what, that was another question I had.
[01:57:13.920 --> 01:57:17.760]  Well, then that was completely improper.
[01:57:17.760 --> 01:57:25.480]  And then not only that, at the contempt hearing, I brought it up to the judge and he, he looked
[01:57:25.480 --> 01:57:30.120]  at the, he asked the attorney, did you serve him? And I, and that before I could, he's
[01:57:30.120 --> 01:57:36.040]  a side by side, before I can look and see what he said, they moved on without even saying
[01:57:36.040 --> 01:57:41.840]  anything else. I guess he shook his head or whatever, but I never got any other information
[01:57:41.840 --> 01:57:47.520]  from an e-file. And then the emails that I have, I use right now, that I use right now,
[01:57:47.520 --> 01:57:56.880]  I've been through that email from erasing things that I don't need, but trying to find
[01:57:56.880 --> 01:58:01.760]  that what they said they sent me from this was last year around, this was last year.
[01:58:01.760 --> 01:58:06.480]  Well, the good thing about email is it leaves traces.
[01:58:06.480 --> 01:58:07.480]  Yeah.
[01:58:07.480 --> 01:58:12.280]  If, if there's no traces, they didn't email.
[01:58:12.280 --> 01:58:17.120]  Okay. Give me a timeline and let's talk about this next week.
[01:58:17.120 --> 01:58:22.840]  Yes, sir. I thank you for your time. I'll get it to you as quick as I can.
[01:58:22.840 --> 01:58:29.920]  Okay. Thank you. Okay. This is Randy Kelton, Brett Fountain with our radio. We've got
[01:58:29.920 --> 01:58:37.040]  a couple of empty slots on the board. I'll call in number 512-646-1984. If you have a
[01:58:37.040 --> 01:58:50.280]  question or comment, give us a call. Hang on. We'll be right back.
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