ROL_2023-09-07_16k.timecode

[00:00.000 --> 00:05.320]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.320 --> 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 --> 00:50.720]  It's also how I remember the five guarantees of the First Amendment.
[00:50.720 --> 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 --> 01:06.960]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:06.960 --> 01:08.480]  assembly, and religion.
[01:08.480 --> 01:10.840]  But petition for redress is another matter.
[01:10.840 --> 01:14.560]  We have the right to petition the government for a redress of grievances.
[01:14.560 --> 01:18.080]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.080 --> 01:20.760]  the reasons without fear of being thrown into jail.
[01:20.760 --> 01:22.680]  I'm Dr. Catherine Albrecht.
[01:22.680 --> 01:30.960]  More news and information at CatherineAlbrecht.com.
[01:30.960 --> 01:34.640]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.640 --> 01:38.080]  They guarantee the specific freedoms Americans should know and protect.
[01:38.080 --> 01:39.560]  Our liberty depends on it.
[01:39.560 --> 01:43.480]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.480 --> 01:46.600]  one of your constitutional rights.
[01:46.600 --> 01:48.200]  Privacy is under attack.
[01:48.200 --> 01:51.800]  When you give up data about yourself, you'll never get it back again.
[01:51.800 --> 01:56.560]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.560 --> 02:01.600]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.600 --> 02:04.320]  Privacy, it's worth hanging on to.
[02:04.320 --> 02:08.600]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.600 --> 02:12.160]  engine alternative to Google, Yahoo, and Bing.
[02:12.160 --> 02:14.280]  Start over with StartPage.
[02:14.280 --> 02:20.080]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.080 --> 02:22.160]  of Rights in a big old bear hug.
[02:22.160 --> 02:26.640]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.640 --> 02:30.520]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.520 --> 02:31.520]  Get it?
[02:31.520 --> 02:33.800]  Two arms, bear hug, bear arms?
[02:33.800 --> 02:37.400]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.400 --> 02:43.160]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.160 --> 02:47.280]  government, one more safeguard against the tyranny, which now appears remote in America,
[02:47.280 --> 02:50.320]  but which historically has proved to always be possible.
[02:50.320 --> 02:52.320]  I'm Dr. Catherine Albrecht.
[02:52.320 --> 03:19.360]  More news and information at CatherineAlbrecht.com.
[03:52.800 --> 04:07.880]  the right of the citizens to bear arms is just one guarantee against arbitrary government,
[04:07.880 --> 04:19.400]  one more safeguard against the tyranny, which now appears remote in America, but which
[04:19.400 --> 04:22.840]  historically has proved to always be possible.
[04:22.840 --> 04:23.840]  Get it?
[04:23.840 --> 04:27.120]  Two arms, bear hug, bear arms?
[04:27.120 --> 04:42.400]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well when
[04:42.400 --> 04:52.120]  okay howdy howdy Randy Kelton Brent Fountain rule of law radio on this the
[04:52.120 --> 05:01.600]  seventh day of September 2023 and I'm going to turn the phone lines on a call
[05:01.600 --> 05:06.680]  in number five one two six four six 1984 if you have a question or comment give us
[05:06.680 --> 05:20.120]  call I'm going to start out with the not so court of criminal appeals and in this
[05:20.120 --> 05:26.480]  case it's the Chief Justice of the Supreme and I'd like some input on this
[05:26.480 --> 05:34.160]  okay I sued all these guys in their personal capacity I accused them of
[05:34.160 --> 05:43.120]  conspiring one with the other for the purpose of denying the public in the due
[05:43.120 --> 05:51.240]  course of the laws so I sued them in the federal court in their personal capacity
[05:51.240 --> 06:01.040]  because I claimed that the duty to train to develop curriculum to train public
[06:01.040 --> 06:10.000]  officials was placed on the court of let's see the court of the the court of
[06:10.000 --> 06:19.040]  Texas Court of Administration office of court office of OCA the office of court
[06:19.040 --> 06:29.440]  administration was directed to develop develop curriculum in in consultation
[06:29.440 --> 06:35.800]  with the Texas Court of Criminal Appeals before magistrates in the setting of
[06:35.800 --> 06:44.120]  bail and other duties that's what 17.0 to all commanded them to do and I come for
[06:44.120 --> 06:54.720]  yeah say it again yes 17.024 oh two four okay 17.024 so it commanded them to do
[06:54.720 --> 07:02.880]  that but instead of doing that they conspired to deny the citizens and they
[07:02.880 --> 07:07.920]  developed a set of curriculum that had the effect of denying the citizens of
[07:07.920 --> 07:14.800]  the state of Texas in the due course of the laws so I've sued them in the federal
[07:14.800 --> 07:28.000]  court under 18 US Code 1983 I'm sorry 42 US Code 1983 and under the federal law
[07:28.000 --> 07:38.120]  if you sue a state official for violating a federal law the state is
[07:38.120 --> 07:47.880]  forbidden to provide them with the immunity they cannot immunize a state
[07:47.880 --> 07:52.160]  official from violating a federal law because he said that would violate the
[07:52.160 --> 08:01.120]  supremacy clause okay so I sue them in their personal capacity and the Attorney
[08:01.120 --> 08:12.880]  General files a response for them and my brain said whoa hold on that don't fit
[08:12.880 --> 08:17.560]  right there's got to be something wrong with that so I did some research and I
[08:17.560 --> 08:32.200]  found Texas Constitution article 3 section 44 50 52 and 53 all three of
[08:32.200 --> 08:45.120]  these address circumstances where the the legislature is all is authorized to
[08:45.120 --> 08:58.800]  provide really not remedies but funds of some sort that are not included in the
[08:58.800 --> 09:06.120]  contract the public official signed when they become a public official and what
[09:06.120 --> 09:12.400]  it says would be like different kinds of compensation perks yeah park anything
[09:12.400 --> 09:18.840]  other than their contract the one that goes most directly to the issue is
[09:18.840 --> 09:27.680]  article 3 section 53 and it says that the legislature is forbidden to provide
[09:27.680 --> 09:36.840]  any compensation to a public official beyond the contract they entered into
[09:36.840 --> 09:43.720]  when they took office once they resue receive any new enumeration on that
[09:43.720 --> 09:52.160]  contract that contract is binding and the state is forbidden to provide any
[09:52.160 --> 09:59.400]  extra remain remuneration to the public official and that was you know in the
[09:59.400 --> 10:10.200]  car in the the Constitution it says that references gratuitous provisions to
[10:10.200 --> 10:16.640]  public officials it's to avoid arbitrary and gratuitous provisions to public
[10:16.640 --> 10:21.560]  officials this is to keep the legislature or anyone else from
[10:21.560 --> 10:28.640]  manipulating public officials by giving them more money that was really clear
[10:28.640 --> 10:38.000]  yeah so I sued them in their personal capacity well if I sued you Brett and
[10:38.000 --> 10:45.280]  you're in your personal capacity and it's got someone when you got and if you
[10:45.280 --> 10:50.760]  went to the court and said hey guys I've been sued I need you to appoint me
[10:50.760 --> 10:55.640]  counsel yeah can you get that attorney general over there to help me out yeah
[10:55.640 --> 11:01.840]  and pay that lawyer for me what are they gonna tell you they're gonna laugh in my
[11:01.840 --> 11:11.120]  face hit the road jack the only time you can be appointed counsel is if is if the
[11:11.120 --> 11:19.720]  state has accused you of violating a state law and in that case you can be
[11:19.720 --> 11:26.680]  appointed counsel but only after you have demonstrated an inability to pay
[11:26.680 --> 11:34.120]  the bill yeah now that doesn't mean you're broke or your destitute that
[11:34.120 --> 11:40.440]  merely means that if you have to pay this cost it will cause an undue harm to
[11:40.440 --> 11:47.560]  you yeah undo hardship okay but if you get sued in the civil court you go to
[11:47.560 --> 11:54.520]  the feds and go to the government and say hey guys I need a lawyer they're
[11:54.520 --> 12:03.800]  gonna take you to go scratch so we sued the highest judges in Texas in their
[12:03.800 --> 12:13.000]  personal capacity in the Fed and what the Fed says under the young doctrine is
[12:13.000 --> 12:22.160]  that the when a public official state official is sued in the federal court
[12:22.160 --> 12:28.720]  the state may not provide immunity because that would violate the
[12:28.720 --> 12:36.440]  supremacy clause of the Constitution so I sued him in the federal court and then
[12:36.440 --> 12:45.080]  they filed a rule 12 b6 motion to dismiss for failure to state a claim
[12:45.080 --> 12:50.840]  you know that's kind of knee-jerk in any federal suit you file you're always
[12:50.840 --> 12:58.440]  going to get a rule 12 b6 motion to dismiss problem the Texas Attorney
[12:58.440 --> 13:10.120]  General filed that so is it reasonable reasonable to presume that these judges
[13:10.120 --> 13:17.600]  paid the Attorney General for their time yeah I doubt it but you find out in
[13:17.600 --> 13:25.560]  discovery yeah and if they did that would that not amount to an extra
[13:25.560 --> 13:35.760]  benefit to these Attorney General lawyers beyond their contract which is
[13:35.760 --> 13:44.720]  forbidden by the Constitution and even if they did if they paid it themselves to
[13:44.720 --> 13:52.200]  these attorneys that would be improper but if the state paid these Attorney
[13:52.200 --> 13:59.200]  Generals to produce these responses for these public officials sued in their
[13:59.200 --> 14:05.360]  private capacity in the Fed the way I read the codes that would be
[14:05.360 --> 14:15.680]  misappropriation of public funds so I have a document prepared my co-plaintiff
[14:15.680 --> 14:24.720]  is going to file it tomorrow a motion stating that the Attorney General filed
[14:24.720 --> 14:35.600]  this rule 12 b motion to dismiss question becomes how the heck did you
[14:35.600 --> 14:43.680]  get standing to file that now if you see a case going on and you know there's
[14:43.680 --> 14:49.280]  something wrong with it you can go to the court and petition the court to
[14:49.280 --> 14:59.600]  authorize you to file an amicus curia brief in the case but that's all you can
[14:59.600 --> 15:04.360]  file and you have to do it with permission of the court so the Attorney
[15:04.360 --> 15:13.240]  General came and filed a motion to dismiss for these judges so the question
[15:13.240 --> 15:22.160]  becomes where did they get authority to do that now if I had sued these judges
[15:22.160 --> 15:29.920]  in their judicial capacity if I had sued the Texas Court of Criminal Appeals
[15:29.920 --> 15:37.040]  itself then I'm suing a state agency yeah that would be different yeah and
[15:37.040 --> 15:42.080]  the Attorney General can certainly come in and represent these guys sure but the
[15:42.080 --> 15:50.680]  state didn't do anything wrong all the laws were in place it was these public
[15:50.680 --> 15:58.080]  officials who took it upon themselves to ignore those laws so if I call them to
[15:58.080 --> 16:05.560]  task it's inappropriate to sue the state because state didn't do this the state
[16:05.560 --> 16:14.480]  is a legal fiction it does not exist it only exists in the minds of those who
[16:14.480 --> 16:22.720]  reads the Constitution and the laws it has no physical existence of its own but
[16:22.720 --> 16:27.100]  it does have public officials who operate under the authority of this
[16:27.100 --> 16:35.120]  legal fiction but they're not a fiction and if they do anything that this
[16:35.120 --> 16:42.320]  contract with the legal fiction doesn't allow them to do they're on their own
[16:42.320 --> 16:59.720]  Randy Kelsen Brett Fountain rule of law radio call-in number five one two six four six 1984 we'll be right back
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[19:55.400 --> 20:01.120]  fight and fight for the freedom and be free and they like them love slavery and
[20:01.120 --> 20:28.960]  get hand out from the government
[20:28.960 --> 20:48.960]  you know see how this country like we're back Randy Kelton's out rule of law
[20:48.960 --> 20:59.120]  radio on this the seventh day of September 2,023 and I'm talking about
[20:59.120 --> 21:05.840]  this case I filed against all the highest judges in Texas and how they got
[21:05.840 --> 21:14.920]  the Attorney General to respond for them well I sued him in their personal
[21:14.920 --> 21:26.640]  capacity and they don't this issue of them filing the response I haven't
[21:26.640 --> 21:33.160]  brought up yet I brought up I filed an opposition to the rule 12 be motion to
[21:33.160 --> 21:41.840]  dismiss a state of claim well what I haven't filed yet is the next one what
[21:41.840 --> 21:47.920]  in the heck is the Attorney General doing representing these public
[21:47.920 --> 21:57.080]  officials sued in their personal capacity because the way is it possible
[21:57.080 --> 22:00.320]  that they're just they're not familiar with this does this just not happen very
[22:00.320 --> 22:06.120]  often they don't get sued this is not kindergarten this is not even the high
[22:06.120 --> 22:15.880]  school parking lot neither is it a municipal court or a justice of the
[22:15.880 --> 22:22.080]  Peace Corps I'm talking to Chief Justice of the Supreme all of the judges of the
[22:22.080 --> 22:29.560]  Texas Court of Criminal Appeals this is way up there at the top now if I had
[22:29.560 --> 22:38.760]  filed this suit against the local kindergarten crossing guard I wouldn't
[22:38.760 --> 22:46.080]  have too higher expectation but I felt against all the highest judges in Texas
[22:46.080 --> 22:51.160]  right you'd think they'd be kind of more familiar with how to handle that yeah
[22:51.160 --> 22:58.040]  I mean it's not like they just started doing this yesterday it's not like
[22:58.040 --> 23:04.640]  everybody in the state of Texas comes to them to the final word for the final
[23:04.640 --> 23:17.920]  word these are essentially or supposedly the best of the best so what I was
[23:17.920 --> 23:27.440]  really wanting was for them to give me absolutely the best answer and best
[23:27.440 --> 23:35.840]  briefing that I could possibly get throw everything got at me gosh so is that
[23:35.840 --> 23:47.160]  what you got they threw garbage at me I should be offended all they all they did
[23:47.160 --> 23:55.160]  was argue that they had official or qualified immunity in the state yeah but
[23:55.160 --> 24:00.440]  the younger doctrine says when you sue up a state official in the Fed for
[24:00.440 --> 24:06.040]  violating a federal law the state is forbidden to provide you can't confer
[24:06.040 --> 24:15.840]  immunity on them so I do that and the Attorney General responds and I'm
[24:15.840 --> 24:19.520]  thinking what the hell are you doing responding for these private
[24:19.520 --> 24:26.960]  individuals so I bargained a snot out of them this document they filed a file it
[24:26.960 --> 24:33.200]  was for they filed it for the Court of Criminal Appeals the just Chief Justice
[24:33.200 --> 24:40.960]  Hatch and for a number of public agencies and each one there are
[24:40.960 --> 24:48.160]  essentially the same same argument and they had about five Attorney General
[24:48.160 --> 24:58.080]  officials named on the document starting with the interim director of the
[24:58.080 --> 25:07.480]  Department of the okay let me back up the interim Attorney General are the
[25:07.480 --> 25:14.320]  what was the exact word anyway she's sitting in for Ken Paxton while he's
[25:14.320 --> 25:24.520]  being indicted or impeached yeah he's got a lot going on from her from this
[25:24.520 --> 25:32.840]  woman who's sitting in his place there were five other the five levels of
[25:32.840 --> 25:41.880]  administration all the highest guys I bargained them all they filed for the
[25:41.880 --> 25:47.240]  Texas Court of Criminal Appeals Justice Hatch Office of Court Administration and
[25:47.240 --> 25:54.920]  about five other offices and for each one of them I grieved them I put
[25:54.920 --> 26:04.600]  together a six page bar grievance I merged it to a spreadsheet and with
[26:04.600 --> 26:13.880]  those six pages for each grievance when it printed out it was 296 pages so for
[26:13.880 --> 26:21.880]  each official they filed an answer for I grieved them so I suspect they're pretty
[26:21.880 --> 26:28.720]  PO'd at this point and that they are each one if they wouldn't have done the
[26:28.720 --> 26:32.360]  wrong thing and violated their rules of ethics then they wouldn't have gotten any
[26:32.360 --> 26:38.400]  bar grievances right yeah but turn the chessboard around I'm just a poor
[26:38.400 --> 26:44.120]  attorney here trying to make my way in the world and these no good praise
[26:44.120 --> 26:54.560]  pro se sob's I get out of college and I don't I didn't graduate in the top 10% so
[26:54.560 --> 26:59.640]  I didn't get picked up by law firm who could teach me how to practice law so I
[26:59.640 --> 27:05.160]  applied with a government agency where I didn't have to do any work so this guy
[27:05.160 --> 27:10.960]  gets hired by the Attorney General's office as a lawyer for the Attorney
[27:10.960 --> 27:21.400]  General and I sue all the highest judges all the heads of the the agencies in
[27:21.400 --> 27:28.200]  Texas and since I'm a pro se they give my case to some chump lawyer on the
[27:28.200 --> 27:37.760]  bottom well he files a suit that's not on point he claims state immunity for a
[27:37.760 --> 27:47.000]  federal offense so I bar grieved him and in his all the documents that he filed
[27:47.000 --> 27:54.120]  there was the acting director of the Department of Public Safety and four
[27:54.120 --> 28:00.280]  different levels above this lawyer all these people mentioned so I put their
[28:00.280 --> 28:11.760]  name in the list and merged the ball I had them for incompetence 1.01 I filed
[28:11.760 --> 28:20.120]  against them in there you know each one because this document had all five of
[28:20.120 --> 28:25.040]  their names on it I filed against each one of them a bar grievances bar
[28:25.040 --> 28:31.680]  grievances separately when I printed these out there were six documents per
[28:31.680 --> 28:44.920]  complaint and I had 296 pages it was two and a half inches thick so I sent it
[28:44.920 --> 28:51.760]  down there so these guys got bar grievances coming out their ears and it's
[28:51.760 --> 28:59.560]  not like I'm talking about some 2-bit JP or some cop on the corner I'm talking
[28:59.560 --> 29:07.360]  about the highest judges in Texas so I follow these grievances and then I get a
[29:07.360 --> 29:19.960]  motion to dismiss from Chief Justice Nathan Hetch okay step back I had a
[29:19.960 --> 29:24.160]  sheriff's deputy in front of me when we're backed up in traffic pull out on
[29:24.160 --> 29:28.440]  the shoulder and accelerate down the shoulder traffic moved up and there he's
[29:28.440 --> 29:33.160]  sitting in front of the City Hall so I go in and ask you I pull up and ask him
[29:33.160 --> 29:37.720]  for his name you won't get it to so I go inside and get two deputies out I want
[29:37.720 --> 29:42.520]  them to arrest him for reckless driving for driving on the shoulder and one of
[29:42.520 --> 29:50.520]  the boy cops said are you saying he drove on an improved shoulder yes as a
[29:50.520 --> 29:56.960]  matter of fact I did say that and that's the legal was sort of writing a ticket
[29:56.960 --> 30:05.160]  businesses ask you for a lot of personal information and you may trust them to
[30:05.160 --> 30:08.960]  keep it safe but it turns out that even the most trusted companies may be
[30:08.960 --> 30:13.280]  unwittingly revealing your secrets I'm dr. Katherine Albrecht and I'll be right
[30:13.280 --> 30:18.680]  back with details privacy is under attack when you give up data about
[30:18.680 --> 30:22.880]  yourself you'll never get it back again and once your privacy is gone you'll
[30:22.880 --> 30:27.680]  find your freedoms will start to vanish too so protect your rights say no to
[30:27.680 --> 30:32.640]  surveillance and keep your information to yourself privacy it's worth hanging
[30:32.640 --> 30:37.160]  on to this public service announcement is brought to you by start page comm the
[30:37.160 --> 30:42.160]  private search engine alternative to Google Yahoo and Bing start over with
[30:42.160 --> 30:48.640]  start page data privacy is a big deal so nearly every company has a policy
[30:48.640 --> 30:52.480]  explaining how they handle your personal information but what happens if it
[30:52.480 --> 30:57.240]  escapes their control it's not an idle question according to a recent survey a
[30:57.240 --> 31:02.680]  shocking 90% of US companies admit their security was breached by hackers in the
[31:02.680 --> 31:06.760]  last year that's one more reason you should trust your searches to start page
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[31:11.600 --> 31:15.040]  they've never been hacked but even if they were there would be nothing for
[31:15.040 --> 31:19.560]  criminals to see the cupboard would be bare too bad other companies don't treat
[31:19.560 --> 31:24.360]  your data the same way I'm dr. Catherine Albrecht more news and information at
[31:24.360 --> 31:34.160]  Catherine Albrecht comm I lost my son my nephew my uncle my son on September 11th
[31:34.160 --> 31:39.160]  2001 most people don't know that a third tower fell on September 11th World
[31:39.160 --> 31:43.560]  Trade Center 7 a 47-story skyscraper was not hit by a plane although the
[31:43.560 --> 31:48.440]  official explanation is that fire brought down building seven over 1,200
[31:48.440 --> 31:52.160]  architects and engineers looked into the evidence and believe there is more to
[31:52.160 --> 31:56.920]  the story bring justice to my son my uncle my nephew my son go to building
[31:56.920 --> 32:03.320]  what or why it fell why it matters and what you can do rule of law radio is
[32:03.320 --> 32:06.880]  proud to offer the rule of law traffic seminar in today's America we live in an
[32:06.880 --> 32:09.760]  us-against-them society and if we the people are ever going to have a free
[32:09.760 --> 32:13.360]  society then we're going to have to stand and defend our own rights among
[32:13.360 --> 32:16.200]  those rights or the right to travel freely from place to place the right to
[32:16.200 --> 32:19.640]  act in our own private capacity and most importantly the right to due process of
[32:19.640 --> 32:23.160]  law traffic courts afford us the least expensive opportunity to learn how to
[32:23.160 --> 32:27.040]  enforce and preserve our rights through due process former sheriff's deputy Eddie
[32:27.040 --> 32:29.800]  Craig in conjunction with rule of law radio has put together the most
[32:29.800 --> 32:32.920]  comprehensive teaching tool available that will help you understand what due
[32:32.920 --> 32:36.680]  process is and how to hold courts to the rule of law you can get your own copy of
[32:36.680 --> 32:40.240]  this invaluable material by going to rule of law radio calm and ordering your
[32:40.240 --> 32:43.440]  copy today by ordering now you'll receive a copy of Eddie's book the Texas
[32:43.440 --> 32:47.480]  transportation code the law versus the lie video and audio of the original 2009
[32:47.480 --> 32:50.880]  seminar hundreds of research documents and other useful resource material
[32:50.880 --> 32:53.640]  learn how to fight for your rights with the help of this material from rule of
[32:53.640 --> 32:58.040]  law radio.com order your copy today and together we can have free society we all
[32:58.040 --> 33:15.040]  want and deserve. Live free speech radio logosradionetwork.com
[33:58.040 --> 34:13.440]  okay we are back Randy Kelton and Brett Fountain with our radio and what I'm
[34:13.440 --> 34:19.640]  trying to demonstrate here is we have people who don't know anything
[34:19.640 --> 34:25.560]  about the system and they think about taking on the system and they say oh my
[34:25.560 --> 34:32.680]  goodness shutter shutter these guys are all attorneys and they all know their
[34:32.680 --> 34:42.320]  business and I'm just a two-bit pro se I don't have a chance. Well I am a two-bit
[34:42.320 --> 34:50.120]  pro se I'm a disgruntled old veteran I live on seven hundred and something
[34:50.120 --> 34:56.880]  dollars a month from the the Social Security and who am I I'm nothing I'm
[34:56.880 --> 35:06.760]  nobody so I sue these guys I sue them in their personal capacity and I sue them
[35:06.760 --> 35:14.920]  in the Fed because Fed says if you sue a public official in the state official in
[35:14.920 --> 35:21.520]  the Fed for violating a federal law this under the young doctor in the the state
[35:21.520 --> 35:30.200]  is forbidden to immunize them because that would violate the supremacy clause
[35:30.200 --> 35:37.920]  so I did that I sued them personally for violating a federal law and did not make
[35:37.920 --> 35:45.720]  any state claims and I sued all the highest judges in Texas so I expect
[35:45.720 --> 35:52.320]  they're going to dig into their legal bag of tricks and throw everything they
[35:52.320 --> 36:03.080]  got at me what they threw at me was was a qualified and official immunity
[36:03.080 --> 36:08.840]  official immunity would immunize them from everything and qualified as a
[36:08.840 --> 36:13.360]  little less it goes to police and such the problem is as a suit them in the
[36:13.360 --> 36:22.040]  federal court and it does not apply or any I was I'm reminded of some behavior
[36:22.040 --> 36:27.800]  in a recent court case where I was in court and the lawyer kept on pulling out
[36:27.800 --> 36:34.120]  worthless information and I said your honor talk about bringing a knife to a
[36:34.120 --> 36:41.840]  gunfight he just he brought a cotton ball that's what it looks like is going
[36:41.840 --> 36:48.480]  on here with yours yeah that's exactly what's going on I see okay the point I'm
[36:48.480 --> 36:53.360]  making guys if you think you're just a two-bit pro se don't know squat about
[36:53.360 --> 37:04.280]  law you think you're dumber than these public officials that's debatable I
[37:04.280 --> 37:12.440]  sued the highest judges in Texas I expected some really high-level
[37:12.440 --> 37:24.480]  sophisticated pleadings what I got is just absolutely stupid I sued him in the
[37:24.480 --> 37:31.480]  federal court and they claim state immunity what is that do you think
[37:31.480 --> 37:37.160]  they're really embarrassed about now are they pretty frustrated with their no
[37:37.160 --> 37:41.280]  counsel that they're getting or what do you think's going on with them I okay
[37:41.280 --> 37:49.400]  this is a political thing this is the Texas Attorney General's office and what
[37:49.400 --> 37:57.760]  is pretty standard in the industry when a pro se files a suit the law firm will
[37:57.760 --> 38:03.360]  pick the lowest guy on the totem pole and use the pro se suit to train the
[38:03.360 --> 38:11.520]  lawyer because pro se's are easy picket so I think what happened here is you've
[38:11.520 --> 38:17.920]  got all these high-level lawyers in the Attorney General's office they trickled
[38:17.920 --> 38:22.640]  everything down to this Trump lawyer he's probably the bottom of their totem
[38:22.640 --> 38:30.400]  pole and he prepares your standard 12b6 motion to dismiss a failure state of
[38:30.400 --> 38:41.200]  claim which is knee-jerk everybody files it and I say who the hell are you
[38:41.200 --> 38:48.360]  where in the heck did you get authority to act as a lawyer for these individuals
[38:48.360 --> 38:55.320]  sued in their personal capacity so I'm getting ahead of myself they followed a
[38:55.320 --> 39:03.320]  rule 12b motion to dismiss and I filed an opposition to the rule 12b motion to
[39:03.320 --> 39:11.960]  decide dismiss because they claimed official immunity and you know what was
[39:11.960 --> 39:16.560]  the other I just said a minute ago Brett qualified immunity yeah qualified
[39:16.560 --> 39:24.080]  immunity that's all they argued but that only applies to the state doesn't play
[39:24.080 --> 39:32.160]  an effect so good good I can really beat him up on the rule 12b motion so I
[39:32.160 --> 39:41.240]  filed a motion to strike to file an opposition to the 12b6 and then another
[39:41.240 --> 39:53.720]  thing was nagging at me how does the government paid lawyer represent a
[39:53.720 --> 40:02.240]  person sued in their personal capacity so I tried to research and figure out
[40:02.240 --> 40:09.800]  how they could do that and I couldn't find anything I couldn't find anything
[40:09.800 --> 40:15.040]  that allowed a government lawyer to represent a private person unless that
[40:15.040 --> 40:20.800]  private person was employed by a governmental agency and the suit was the
[40:20.800 --> 40:30.560]  result of something inextricably intertwined with the officers duties it
[40:30.560 --> 40:38.760]  did not research it it did not apply here they acted from the premise that if
[40:38.760 --> 40:48.400]  a public official is sued then we have jurisdiction to re to represent them and
[40:48.400 --> 40:53.800]  that is not necessarily the case if a public officials drive to work texting
[40:53.800 --> 41:01.400]  and bashes into a car and injures someone that person will sue them but
[41:01.400 --> 41:07.800]  the state's not authorized to provide them with lawyers because this is not a
[41:07.800 --> 41:14.760]  state issue they're not suing them based on the performance in their office as a
[41:14.760 --> 41:22.200]  public official and that's where I crafted the suit to get them in a
[41:22.200 --> 41:26.720]  position to where they couldn't enjoy that kind of immunity I accused them of
[41:26.720 --> 41:34.480]  violating laws the federal laws that had the effect of denying the accused in the
[41:34.480 --> 41:39.240]  equal protection of the laws so that brought it up out of the state court into
[41:39.240 --> 41:49.000]  the Fed and then they had the Attorney General of Texas answer their suit in
[41:49.000 --> 41:59.760]  the Fed does that sound confusing to anybody it should sound confusing how
[41:59.760 --> 42:05.120]  does the Texas Attorney General represent these people sued in their
[42:05.120 --> 42:15.480]  private capacity in the federal court well short long of it is they can't the
[42:15.480 --> 42:26.000]  article 3 of the Texas Constitution section 44 50 52 and 53 specifically
[42:26.000 --> 42:36.840]  forbid it 53 is the most direct it says that the state of Texas may not provide
[42:36.840 --> 42:43.960]  any extra benefits to a public official after they have entered into a contract
[42:43.960 --> 42:52.080]  with the state and receives received numerical remuneration for their
[42:52.080 --> 42:59.120]  performance so once they accept that first check the legislature is
[42:59.120 --> 43:07.760]  absolutely forbidden to provide them with any more benefits so I sued him in
[43:07.760 --> 43:13.640]  their personal capacity and the Attorney General represented him somehow I don't
[43:13.640 --> 43:20.840]  think they paid the Attorney General hourly I don't think they paid him at
[43:20.840 --> 43:29.520]  all the Attorney General provided these answers on the public officials dime so
[43:29.520 --> 43:35.800]  I accused these public officials of operating these practices of procedures
[43:35.800 --> 43:43.880]  that caused the citizens of Texas 11.9 billion dollars a year and then they
[43:43.880 --> 43:51.400]  used those same taxpayer funds to defend themselves from the accusation what's
[43:51.400 --> 43:55.640]  wrong with this story we'll be right back Randy Collins Brett Fountain
[43:55.640 --> 44:01.760]  Rudolph our radio wait a minute already said I love logos without the shows on
[44:01.760 --> 44:05.400]  this network I'd be almost as ignorant as my friends I'm so addicted to the
[44:05.400 --> 44:09.280]  truth now that there's no going back I need my truth fix I'd be lost without
[44:09.280 --> 44:13.680]  logos and I really want to help keep this network on the air and love to
[44:13.680 --> 44:17.040]  volunteers a show producer but I'm a bit of a Luddite and I really don't have
[44:17.040 --> 44:21.520]  any money to give because I spent it all on supplements how can I help logos
[44:21.520 --> 44:26.240]  well I'm glad you asked whenever you order anything from Amazon you can help
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[44:52.520 --> 44:59.160]  anything or spending any money this is perfect thank you so much happy holidays
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[46:23.320 --> 46:29.080]  okay we are back ready Kelton Brett Fountain with our radio and Brett tells
[46:29.080 --> 46:34.680]  me that I went over the same thing twice it's possible I did this is kind of a
[46:34.680 --> 46:40.440]  new subject and I'm really excited about it and it's possible I went over it
[46:40.440 --> 46:48.600]  twice but I'm gonna blame Brett because he screwed up the teleprompter okay
[46:48.600 --> 46:53.360]  this is radio and they don't have teleprompters but you don't expect me to
[46:53.360 --> 47:00.320]  take responsibility for my own screw-ups I mean that's not manly oh okay anyway
[47:00.320 --> 47:06.560]  this is cool so the Attorney General responded so I developed a I put
[47:06.560 --> 47:15.120]  together a opposition to the rule 12 motion and then I did the research on
[47:15.120 --> 47:23.040]  the Attorney General representing these guys and the Constitution absolutely
[47:23.040 --> 47:30.960]  forbids it once they have entered into a contract with the state and have
[47:30.960 --> 47:39.800]  received any remuneration from performance under the contract the
[47:39.800 --> 47:49.160]  legislature is forbidden to provide any further remuneration you agree to a
[47:49.160 --> 47:56.640]  contract that is all you get period and this is in the original Constitution our
[47:56.640 --> 48:02.840]  founders knew what a bad idea it was to let the legislature use the taxpayer
[48:02.840 --> 48:11.440]  funds to manipulate public officials so they forbade it so I sued these public
[48:11.440 --> 48:17.520]  officials in their personal capacity and the Attorney General responded I said
[48:17.520 --> 48:22.120]  wait a minute wait a minute Attorney General doesn't have standing to
[48:22.120 --> 48:32.200]  respond so I wrote up this motion if I get a positive ruling on this now
[48:32.200 --> 48:44.480]  consider the gravity I sued him for 485 million dollars and they file this
[48:44.480 --> 48:52.360]  stupid response that only goes to state immunity it's irrelevant because suit
[48:52.360 --> 49:03.480]  them in the fat so essentially their response was non-responsive but then now
[49:03.480 --> 49:13.000]  I'm raising the issue that the Attorney General had no standing to act in the
[49:13.000 --> 49:18.360]  defense of these public officials the Attorney General is the lawyer for the
[49:18.360 --> 49:25.760]  state had I sued these individuals in their their official capacity he would
[49:25.760 --> 49:35.120]  have would have had standing now let me clarify this it does not matter at this
[49:35.120 --> 49:44.040]  point in the proceeding what I can prove up what matters is the claim that I made
[49:44.040 --> 49:52.400]  I made a claim that these public officials acted in their personal
[49:52.400 --> 50:00.120]  capacity and it was personal capacity because they acted outside the strict
[50:00.120 --> 50:06.000]  letter of law so since they're outside the strict letter of law they're acting
[50:06.000 --> 50:12.600]  in their individual capacity so I sue all the highest judges in Texas all the
[50:12.600 --> 50:17.480]  judges of the Court of Criminal Appeals in their individual capacity and also
[50:17.480 --> 50:25.200]  sued the Chief Justice of the Supreme well as this is going on I'm coming into
[50:25.200 --> 50:30.240]  town one day and there's a sheriff's deputy right in front of me and the
[50:30.240 --> 50:34.520]  little town I live in is going like crazy so his traffic was backed up for
[50:34.520 --> 50:40.760]  about a mile from the red light well the red light we got two red lights were
[50:40.760 --> 50:46.160]  big but the first red light is backed up about half a mile and this sheriff's
[50:46.160 --> 50:50.760]  deputy pulls off on the shoulder and accelerates down the shoulder well
[50:50.760 --> 50:56.160]  traffic moved up one light and now I'm sitting in front of City Hall there's
[50:56.160 --> 51:01.280]  that sheriff's deputy sitting there so he wasn't going on an emergency or
[51:01.280 --> 51:06.640]  anything he just didn't want to sit in traffic so I pulled in there I want to
[51:06.640 --> 51:12.000]  know his name and he won't give it to me so I go inside and get two sheriff's
[51:12.000 --> 51:18.320]  deputies I want them to arrest him and what I arrested for reckless driving
[51:18.320 --> 51:22.420]  well what do you do he pulled on the shoulder accelerated down the shoulder
[51:22.420 --> 51:29.560]  to avoid heavy traffic and the officer said so you're saying he accelerated
[51:29.560 --> 51:39.680]  down a improved shoulder yes as a matter of fact I am saying he accelerated down
[51:39.680 --> 51:49.400]  an improved shoulder the fact that it is improved is irrelevant well what do you
[51:49.400 --> 51:53.200]  want us to do I want you to take my criminal complaint for reckless driving
[51:53.200 --> 51:58.960]  and they the sheriff's deputy made some kind of comment and they all got a big
[51:58.960 --> 52:08.840]  laugh out of it oh ha ha funny funny oh you guys think this is funny so I'm
[52:08.840 --> 52:14.720]  taking these guys off of Brett tell me why did I go to this because this
[52:14.720 --> 52:20.080]  doesn't go to the issue at hand well I think this was going to connect back to
[52:20.080 --> 52:30.800]  the Chief Justice of the Supreme now trying to make another student and how
[52:30.800 --> 52:40.360]  did he get wind of yes okay perfect okay so but yeah I live in this town and
[52:40.360 --> 52:44.380]  everybody knows me and I don't want to have a fight with town lived in so I
[52:44.380 --> 52:48.200]  filed some criminal complaints against these two officers which chief of police
[52:48.200 --> 52:55.080]  and I sent an email to the mayor and I explained to the mayor what I was doing
[52:55.080 --> 53:00.160]  that I filed these this criminal complaint against all the highest judges
[53:00.160 --> 53:07.480]  in Texas but I just filed it for practice because the these guys were not
[53:07.480 --> 53:14.760]  my primary target and that I was going to have a big fight with the Wise County
[53:14.760 --> 53:21.720]  but since this is the town I live in and I know all you guys I don't want you in
[53:21.720 --> 53:30.120]  the middle of this fight so I addressed this and and and asked him to make sure
[53:30.120 --> 53:36.360]  your chief of police follows the law because I filed four criminal charges
[53:36.360 --> 53:42.240]  against these two deputies who thought it was okay to laugh in my face well
[53:42.240 --> 53:47.280]  when they're laughing in my face I'm thinking you guys got to be kidding you
[53:47.280 --> 53:55.320]  give me such a great claim against you so I wasn't upset at all because they're
[53:55.320 --> 54:00.520]  giving me a great claim but I didn't want to start a fight with the town I
[54:00.520 --> 54:06.480]  lived in so I sent this email to the mayor explaining to him what I was doing
[54:06.480 --> 54:10.040]  that I had filed a four hundred eighty five million dollar lawsuit against
[54:10.040 --> 54:18.280]  Texas but it was just for practice I wanted to to see how they responded so
[54:18.280 --> 54:24.920]  that when I filed against Wise County I was more prepared but in doing all this
[54:24.920 --> 54:32.600]  I don't want you involved in it so I need you to handle something get these
[54:32.600 --> 54:39.320]  policemen to give me a reason not to file criminal charges against them okay
[54:39.320 --> 54:45.560]  so I broke one of my rules if you listen to show quite a bit you know I have this
[54:45.560 --> 54:49.760]  rule never give fair warning but it didn't know didn't want to fight with
[54:49.760 --> 54:55.240]  the city I live in so I gave the mayor a fire warning and I thought that was the
[54:55.240 --> 55:01.840]  end of it and then I get a motion to dismiss from the chief justice of the
[55:01.840 --> 55:12.280]  Texas Supreme and attached to that motion is my email to the mayor and a
[55:12.280 --> 55:20.160]  couple of images from my what from our rule of law radio website
[55:20.360 --> 55:28.760]  so Brett how in the heck did the chief justice of the Supreme Court of Texas
[55:28.760 --> 55:39.080]  know that I sent an email to the mayor of Boyd Podunk Texas certainly seems
[55:39.080 --> 55:49.240]  suspicious yeah does I think the chief of police I think a mayor told him that
[55:49.240 --> 55:54.920]  I sent him an email and the chief of police asked for it and he contacted the
[55:54.920 --> 56:06.240]  state attorney general to try to sick them on me this is kindergarten crap
[56:06.840 --> 56:11.840]  did they not pay attention to water you know when I told him I've sued all the
[56:11.840 --> 56:16.560]  highest judges in Texas for four hundred eighty five million dollars you would
[56:16.560 --> 56:22.280]  have thought that would have gotten their attention and somebody would have
[56:22.280 --> 56:30.200]  said oh whoa hold on here maybe this guy's not some to be a chomp maybe we
[56:30.200 --> 56:37.880]  should pay attention nobody paid attention and then I get a motion to
[56:37.880 --> 56:45.080]  dismiss my four hundred and eighty two eighty five million dollar lawsuit from
[56:45.080 --> 56:54.200]  the chief justice of the Texas Supreme citing my email to the mayor stating
[56:54.200 --> 57:00.160]  that I only saw filed this suit for practice and therefore my action was
[57:00.160 --> 57:04.640]  frivolous and the case should be dismissed
[57:04.640 --> 57:15.080]  not one statute well one piece of case law I've read this and chuckled and
[57:15.080 --> 57:20.000]  laughed through the whole thing I've read it to my wife and she knows
[57:20.000 --> 57:26.120]  nothing about law she said that sounds improper
[57:26.120 --> 57:36.800]  see that is 18 u.s. code 1503 influence or injuring officer or jury generally
[57:36.800 --> 57:44.800]  they attempted to improperly influence a public official and that's a federal
[57:44.800 --> 57:55.680]  crime is this nuts you know I tell you guys you can take these people on and
[57:55.680 --> 58:01.240]  you look at them and you say all these are all big high-level public officials
[58:01.240 --> 58:08.480]  they're chops they sure get prolific with their lawlessness yeah an eighth
[58:08.480 --> 58:17.400]  grader would have handled me better you can take these guys on and right now we
[58:17.400 --> 58:24.560]  stand in a position to where we have a statutory right to declaratory judgment
[58:24.560 --> 58:31.560]  on a four hundred eighty five million dollar lawsuit because the highest
[58:31.560 --> 58:40.240]  judges in Texas are either not paying attention or they think we're just not
[58:40.240 --> 58:43.520]  something they have to pay attention to hang on
[58:43.520 --> 58:50.920]  Randy Kelton Brett fountain blue for radio we'll be right back the Bible
[58:50.920 --> 58:55.240]  remains the most popular book in the world yet countless readers are
[58:55.240 --> 58:59.800]  frustrated because they struggle to understand it some new translations try
[58:59.800 --> 59:04.760]  to help by simplifying the text but in the process can compromise the profound
[59:04.760 --> 59:10.060]  meaning of the scripture enter the recovery version first this new
[59:10.060 --> 59:15.000]  translation is extremely faithful and accurate but the real story is the more
[59:15.000 --> 59:20.240]  than 9,000 explanatory footnotes difficult and profound passages are
[59:20.240 --> 59:24.920]  opened up in a marvelous way providing an entrance into the riches of the word
[59:24.920 --> 59:29.680]  beyond which you've ever experienced before Bibles for America would like to
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[59:34.520 --> 59:40.000]  compact study Bible is yours just by calling us toll free at one eight eight
[59:40.000 --> 59:46.720]  eight five five one zero one zero two or by ordering online at free study Bible
[59:46.720 --> 59:54.920]  calm that's free study Bible calm you're listening to the logos to radio
[59:54.920 --> 01:00:03.560]  network and logos radio network calm the Bill of Rights contains the first ten
[01:00:03.560 --> 01:00:07.800]  amendments of our Constitution they guarantee the specific freedoms Americans
[01:00:07.800 --> 01:00:10.520]  should know and protect our liberty depends on it
[01:00:10.520 --> 01:00:13.960]  I'm dr. Catherine Albrecht and I'll be right back with an unforgettable way to
[01:00:13.960 --> 01:00:19.400]  remember one of your constitutional rights privacy is under attack when you
[01:00:19.400 --> 01:00:23.720]  give up data about yourself you'll never get it back again and once your privacy
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[01:00:28.320 --> 01:00:33.280]  rights say no to surveillance and keep your information to yourself privacy
[01:00:33.280 --> 01:00:37.120]  it's worth hanging on to this public service announcement is brought to you
[01:00:37.120 --> 01:00:42.040]  by start page comm the private search engine alternative to Google Yahoo and
[01:00:42.040 --> 01:00:48.600]  Bing start over with start page most people think of seven as a more civilized
[01:00:48.600 --> 01:00:52.880]  number than six think about the number six is implicated in evil as in the
[01:00:52.880 --> 01:00:56.800]  biblical six six six so it would fit right in that the seventh amendment
[01:00:56.800 --> 01:01:01.920]  would be about civil trials civil seven civil trials get it civil trials are
[01:01:01.920 --> 01:01:05.680]  ones where people sue instead of beating each other up over a dispute like the
[01:01:05.680 --> 01:01:09.480]  dividing line between properties they take their dispute to a courthouse and
[01:01:09.480 --> 01:01:13.040]  settle matters civilly without the fisticuffs the seventh amendment
[01:01:13.040 --> 01:01:16.680]  guarantees that Americans have the right to a jury in certain civil matters
[01:01:16.680 --> 01:01:21.440]  instead of having a lone judge rule on the case I'm dr. Catherine Albrecht more
[01:01:21.440 --> 01:01:33.320]  news and information at Catherine Albrecht calm the Bill of Rights contains
[01:01:33.320 --> 01:01:36.680]  the first ten amendments of our Constitution they guarantee the
[01:01:36.680 --> 01:01:40.920]  specific freedoms Americans should know and protect our liberty depends on it
[01:01:40.920 --> 01:01:44.400]  dr. Catherine Albrecht and I'll be right back with an unforgettable way to
[01:01:44.400 --> 01:01:49.840]  remember one of your constitutional rights privacy is under attack when you
[01:01:49.840 --> 01:01:54.120]  give up data about yourself you'll never get it back again and once your privacy
[01:01:54.120 --> 01:01:58.760]  is gone you'll find your freedoms will start to vanish too so protect your
[01:01:58.760 --> 01:02:03.720]  rights say no to surveillance and keep your information to yourself privacy
[01:02:03.720 --> 01:02:07.560]  it's worth hanging on to this public service announcement is brought to you
[01:02:07.560 --> 01:02:12.480]  by start page comm the private search engine alternative to Google Yahoo and
[01:02:12.480 --> 01:02:19.920]  Bing start over with start page remember the scene in George Orwell's novel 1984
[01:02:19.920 --> 01:02:24.160]  when Winston is threatened with his worst fear that fear was having a cage of
[01:02:24.160 --> 01:02:28.200]  hungry rats unleashed on his face but what if his worst fear was spiders
[01:02:28.200 --> 01:02:32.560]  eight-legged spiders to be exact getting a face full of spiders would be pretty
[01:02:32.560 --> 01:02:36.160]  cruel and unusual that image of eight-legged spiders will help you
[01:02:36.160 --> 01:02:39.280]  remember the eighth amendment our founding fathers added the eighth
[01:02:39.280 --> 01:02:42.880]  amendment to the US Constitution to protect us from creepy-crawly
[01:02:42.880 --> 01:02:46.880]  eight-legged punishments and other cruel and unusual prison practices that were
[01:02:46.880 --> 01:02:50.600]  common in their day the eighth amendment also prohibits the government from
[01:02:50.600 --> 01:02:55.560]  requiring excessive bail and charging excessive fines I'm dr. Catherine Albrecht
[01:02:55.560 --> 01:03:02.560]  more news and information at Catherine Albrecht.com
[01:03:26.560 --> 01:03:43.360]  Okay, we are back, Ben Kelton, Brett Fountain, we have our radio and there's a point I'm trying to make here if the judicial system is in a mess
[01:03:43.360 --> 01:03:51.120]  it's our fault we can't blame the police we can't blame the prosecutors we can't
[01:03:51.120 --> 01:04:01.560]  blame the judges it's our fault we didn't stand up the first time one of our
[01:04:01.560 --> 01:04:06.760]  public officials stepped across one of our legal lines and rail in righteous
[01:04:06.760 --> 01:04:15.960]  indignation we just stood back and said well it's not that big a deal and and
[01:04:15.960 --> 01:04:25.040]  besides I got a bridge game to go to this evening we got legacy after
[01:04:25.040 --> 01:04:30.960]  during World War two we were very patriotic and we paid close attention
[01:04:30.960 --> 01:04:37.600]  and then after World War two the next generation come along in the 50s in an
[01:04:37.600 --> 01:04:46.600]  affluent time and everything was great and nobody paid attention and let our
[01:04:46.600 --> 01:04:55.880]  public officials pretty well do anything they wanted to do and I'm not saying
[01:04:55.880 --> 01:05:05.280]  that they are public officials acted out of malice they had a limited budget and
[01:05:05.280 --> 01:05:12.560]  they adjusted procedures as best they could to fit within that limited budget
[01:05:12.560 --> 01:05:18.160]  the fact that it completely denied the citizen in the equal protection of the
[01:05:18.160 --> 01:05:25.240]  laws and the due course of the laws was kind of lost on everyone you get a
[01:05:25.240 --> 01:05:30.240]  ticket and it's only three or four hundred bucks if I missed two days of
[01:05:30.240 --> 01:05:36.160]  work I'll lose more than that and besides I got house payment two cars
[01:05:36.160 --> 01:05:45.840]  three kids I can't afford to do this so over a period of time the public
[01:05:45.840 --> 01:05:51.320]  officials make adjustments toward administrative convenience and adjudicated
[01:05:51.320 --> 01:06:00.200]  expediency and we wind up with a system that's totally out of control you can't
[01:06:00.200 --> 01:06:13.320]  not blame public officials if there is false to be had it is yours because you
[01:06:13.320 --> 01:06:18.640]  didn't stand up and rail in righteous indignation but when I say that to
[01:06:18.640 --> 01:06:23.880]  people they say oh my goodness we got all these prosecutors and judges and all
[01:06:23.880 --> 01:06:36.920]  this high-level legal knowledge what can we do you can't kick their behinds now I
[01:06:36.920 --> 01:06:43.480]  happen to have a specific issue and that's police when they arrest someone
[01:06:43.480 --> 01:06:47.960]  don't take them directly in the nearest magistrate you may have a different
[01:06:47.960 --> 01:06:56.000]  issue doesn't matter what your issue is listen to what we do listen to what we
[01:06:56.000 --> 01:07:05.320]  present take them on doesn't matter if you win or lose you beat him up good and
[01:07:05.320 --> 01:07:10.680]  they're gonna take a step back and say okay hold on I had this pro se chump
[01:07:10.680 --> 01:07:18.000]  come in here and black my political eye made me look like a chump before the
[01:07:18.000 --> 01:07:24.600]  County Commissioner's Court what do we do to make sure that does not happen
[01:07:24.600 --> 01:07:33.840]  again this is how we fix it you and I sometimes it takes more than just nudging
[01:07:33.840 --> 01:07:38.960]  the County Commissioner's Court sometimes it takes filing an amicus curia
[01:07:38.960 --> 01:07:49.360]  brief amicus curiae friend of the court and sometimes it involves filing criminal
[01:07:49.360 --> 01:07:54.480]  charges and lawsuits against public officials
[01:07:54.480 --> 01:08:01.840]  now I'm gonna suggest anytime you have a public official who's really a problem
[01:08:01.840 --> 01:08:09.880]  like the guy who arrests your 16 year old and beats the crap out of him that
[01:08:09.880 --> 01:08:16.600]  is outrageous and going after him while it makes him satisfying won't fix the
[01:08:16.600 --> 01:08:25.280]  system when a policeman arrests you and he is absolutely polite and professional
[01:08:25.280 --> 01:08:33.720]  and apologizes that he has to arrest you and he arrests you and takes you to jail
[01:08:33.720 --> 01:08:42.240]  you land on him like a ton of bricks I had a friend who is a justice of peace
[01:08:42.240 --> 01:08:48.240]  in the town I lived in and I did that to him and he said well Mr. Kelton why are
[01:08:48.240 --> 01:08:53.120]  you coming after me I didn't do anything yeah that's right you didn't do anything
[01:08:53.120 --> 01:08:59.240]  mark you should have put procedures in place to keep this from happening the
[01:08:59.240 --> 01:09:06.800]  policeman over here he's not the problem you are the problem that's how we fix it
[01:09:06.800 --> 01:09:16.200]  so in this case the chief justice of the Texas Supreme Court filed a motion to
[01:09:16.200 --> 01:09:24.560]  dismiss claiming that I was a brat can I see asshole in there no no I don't think
[01:09:24.560 --> 01:09:35.920]  I can he said I was an anus rectum that I just filed this suit for practice and
[01:09:35.920 --> 01:09:46.240]  move the court to dismiss the suit guys how stupid is that this is the kind this
[01:09:46.240 --> 01:09:53.440]  is the level of jurisprudence I'm dealing with I get better jurisdiction
[01:09:53.440 --> 01:10:02.080]  jurisprudence in traffic court for crying out loud if you have some notion
[01:10:02.080 --> 01:10:09.760]  that you can't take on city call hall I hope I can help you dispel that notion
[01:10:09.760 --> 01:10:15.840]  you absolutely can but you can't do it arguing with the policeman on the
[01:10:15.840 --> 01:10:24.340]  street if he says roll your window down roll your window down so you know if he
[01:10:24.340 --> 01:10:28.820]  says keep your hands on the steering wheel give me a just your will this is
[01:10:28.820 --> 01:10:36.680]  not the place to have the fight you get past him you get up to the guys who set
[01:10:36.680 --> 01:10:43.040]  these rules and regulations that's the ones we want to beat up and it seems to
[01:10:43.040 --> 01:10:53.360]  me that the higher up you go the more arrogant and dismissive they get the
[01:10:53.360 --> 01:11:02.440]  bigger mistakes they make they have made absolutely adolescent mistakes to the
[01:11:02.440 --> 01:11:09.200]  point that we have a right to default judgment on a four hundred and eighty
[01:11:09.200 --> 01:11:18.480]  two eighty five million dollar suit you would think they would pay more
[01:11:18.480 --> 01:11:24.920]  attention I mean intuitively that's what would come to mind that these guys would
[01:11:24.920 --> 01:11:34.200]  would consider this serious business but they don't and my point is here you can
[01:11:34.200 --> 01:11:45.600]  take these guys on I'm one guy in 29 million and I have got the chief justice
[01:11:45.600 --> 01:11:52.680]  of the Texas Supreme Court's attention so bad that he gets his lawyer to file
[01:11:52.680 --> 01:12:03.640]  this absolutely ludicrous suit he got my email to the mayor of the town I live in
[01:12:03.640 --> 01:12:11.720]  how in the heck did he get that and frankly I violated one of my rules you
[01:12:11.720 --> 01:12:18.880]  know I tell everybody never give fair warning but I live in Boyd Texas I know
[01:12:18.880 --> 01:12:25.640]  everybody I've known the main Rodney the mayor for 30 years I don't want to have
[01:12:25.640 --> 01:12:30.400]  a fight with town I live in so I sent him an email saying look you know if I
[01:12:30.400 --> 01:12:36.600]  some complaints against your officers and I'm gonna have a big fight with
[01:12:36.600 --> 01:12:41.400]  Wise County but I don't want you to be involved in it so have your officers do
[01:12:41.400 --> 01:12:48.840]  exactly your chief of police do exactly what the code commands him to do that
[01:12:48.840 --> 01:12:57.400]  was fair warning so instead of getting appreciation I get a motion from the
[01:12:57.400 --> 01:13:04.320]  chief justice of the Texas Supreme to dismiss my case because I filed it for
[01:13:04.320 --> 01:13:14.680]  practice and he had a copy of the mayor's email attached to it how did
[01:13:14.680 --> 01:13:22.720]  that happen it's going to be interesting to find out how the chief justice of the
[01:13:22.720 --> 01:13:31.560]  supreme got a copy of the mayor the email I sent to my local mayor and I'll
[01:13:31.560 --> 01:13:37.000]  go to the council meeting and let him know that as far as I'm concerned folks
[01:13:37.000 --> 01:13:40.560]  you know so you're the town I live in I didn't want to have to fight with you
[01:13:40.560 --> 01:13:49.480]  but as far as I'm concerned your mayor kicked the soapbox up under my feet
[01:13:49.480 --> 01:13:59.920]  we're gonna fight and win lose the draw once you fight these guys and give them
[01:13:59.920 --> 01:14:03.960]  a really good fight they're not ever gonna want to have that happen to him
[01:14:03.960 --> 01:14:11.240]  again I filed suit against the chief justice all of that the court of criminal
[01:14:11.240 --> 01:14:16.720]  appeals all nine of the justices so since I sued them they had to read my
[01:14:16.720 --> 01:14:27.520]  lawsuit and it walks through due course Texas and state front to back whether I
[01:14:27.520 --> 01:14:36.240]  win this case or not they were forced to read this pleading and 150 page pleading
[01:14:36.240 --> 01:14:42.760]  and it's stitched together all the laws the way they fit together that imprinted
[01:14:42.760 --> 01:14:50.680]  something in their mind that they can't get out so technically I've already won
[01:14:50.680 --> 01:14:57.080]  the case I've achieved my intended outcome these judges will start ruling
[01:14:57.080 --> 01:15:03.120]  more accurately on the letter of law because it's now it's right in front of
[01:15:03.120 --> 01:15:15.080]  them so that is my purpose but they've acted so ignorant and so arrogant that
[01:15:15.080 --> 01:15:26.920]  right now I have a right to default judgment and what I did anybody could do
[01:15:26.920 --> 01:15:31.520]  if you're in a jurisdiction and you think the jurisdiction is not acting
[01:15:31.520 --> 01:15:38.200]  appropriately call me I'll send you my lawsuit you look it over and see if it
[01:15:38.200 --> 01:15:46.480]  fits your circumstances and file it win lose or draw you are going to get their
[01:15:46.480 --> 01:15:53.920]  attention and and that's really the key to getting things change is getting
[01:15:53.920 --> 01:16:01.120]  their attention Brett what do you think I'm pretty sure you got their attention
[01:16:01.120 --> 01:16:09.480]  I wasn't sure on the first part when when the chief justice had not yet done
[01:16:09.480 --> 01:16:19.640]  this silly frivolous motion to dismiss because it looked like maybe it was it
[01:16:19.640 --> 01:16:24.160]  was going down to a lawyer that didn't realize what they were doing and like
[01:16:24.160 --> 01:16:28.480]  you said jump at the bottom of the totem pole whatever oh this is just goes in
[01:16:28.480 --> 01:16:34.600]  the pro se stack yeah let the brand new guys deal with that but the fact that
[01:16:34.600 --> 01:16:41.240]  there has now been this frivolous motion from the chief justice makes me think he
[01:16:41.240 --> 01:16:51.240]  really did get their attention yeah and frankly I don't think I'll explain that
[01:16:51.240 --> 01:16:54.960]  when we come back on the other side Randy Kalten Brett Fountain rule of law
[01:16:54.960 --> 01:17:04.080]  radio are you looking to have a closer relationship with God and a better
[01:17:04.080 --> 01:17:09.480]  understanding of his word then tune in to logosradio.com on Wednesdays from 8
[01:17:09.480 --> 01:17:14.040]  to 10 p.m. Central Time for scripture talk where Nana and her guests discussed
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[01:18:08.280 --> 01:18:12.920]  than they feed themselves and it's time we changed all that our primary defense
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[01:19:31.640 --> 01:19:36.200]  ain't gonna fool me with that same old trick again
[01:19:36.200 --> 01:19:41.200]  I was blindsided but now I can see your plan
[01:19:41.200 --> 01:19:46.200]  you put the fear in my pockets, took the money from my hand
[01:19:46.200 --> 01:19:55.200]  ain't gonna fool me with that same old trick again
[01:19:55.200 --> 01:20:11.200]  ain't gonna fool me with that same old trick again
[01:20:11.200 --> 01:20:16.200]  ain't gonna drop me with that same old sucker punch
[01:20:16.200 --> 01:20:31.720]  okay let me give some some context for what I think is going on I read this
[01:20:31.720 --> 01:20:42.280]  pleading and it was absolutely stupid yeah frivolous yeah if I filed this suit
[01:20:42.280 --> 01:20:52.280]  for practice what does that have to do with the grounds for the suit it has
[01:20:52.280 --> 01:21:04.040]  nothing to do with it so I get this pleading that's almost nonsensical and
[01:21:04.040 --> 01:21:13.680]  they made a mistake because they asked the court to dismiss the suit because I
[01:21:13.680 --> 01:21:20.320]  filed this just for practice and that was frivolous and the court should
[01:21:20.320 --> 01:21:34.720]  dismiss now even if you're not a highly trained legal professional you anybody
[01:21:34.720 --> 01:21:41.760]  can look at this and say that doesn't sound right my wife she has she has
[01:21:41.760 --> 01:21:48.880]  never listened to one of my programs she knows nothing about law and I read this
[01:21:48.880 --> 01:21:55.960]  one page document to her and she said well that's not right they can't do
[01:21:55.960 --> 01:22:01.600]  that somebody who knows nothing about law
[01:22:01.600 --> 01:22:12.120]  reason and red flags start going off what's gonna happen when the magistrate
[01:22:12.120 --> 01:22:21.400]  reads it and a jury yeah jury read it so you know I'm looking at this and you
[01:22:21.400 --> 01:22:26.760]  know it's easy to think that everybody's stupid and everybody's ignorant and
[01:22:26.760 --> 01:22:34.720]  worthless but that's naive there are smart people all over the place and
[01:22:34.720 --> 01:22:41.280]  Nathan Hatch did not become the Chief Justice of Texas Supreme Court being
[01:22:41.280 --> 01:22:51.320]  stupid so it is incongruous to think that he filed this okay let me take a
[01:22:51.320 --> 01:23:01.280]  step back when you file a suit the law firm who's representing the defendant
[01:23:01.280 --> 01:23:08.640]  will give the pro se litigant to the bottom guy on the totem pole to the most
[01:23:08.640 --> 01:23:14.800]  inexperienced lawyer because proceeds are really easy to handle so they give
[01:23:14.800 --> 01:23:22.920]  it to this guy and he files this real 12 motion and there are five individuals
[01:23:22.920 --> 01:23:29.440]  on the signature portion above his name his is the only one that's physically
[01:23:29.440 --> 01:23:35.480]  signed but they have every layer of management above it all the way up to
[01:23:35.480 --> 01:23:46.200]  the acting Attorney General so he files this suit and his rule 12 motion was
[01:23:46.200 --> 01:23:57.880]  crap and I found a bar grievance he he filed this suit for the Chief Justice of
[01:23:57.880 --> 01:24:04.120]  the Texas I'm sorry the presiding judge of the Court of Criminal Appeals the
[01:24:04.120 --> 01:24:10.680]  head of the Office of the Court Administration Texas State University and
[01:24:10.680 --> 01:24:20.000]  a half a dozen others and the same suit and it was bogus in the same response
[01:24:20.000 --> 01:24:27.600]  yeah so so I agreed him for each one but since he had all these all of his
[01:24:27.600 --> 01:24:39.240]  superiors listed on it agreed all of them to six page of grievance I what I
[01:24:39.240 --> 01:24:46.680]  printed it out it was 296 pages and I stuck him in an envelope and send him in
[01:24:46.680 --> 01:24:51.920]  okay you got this guy who gets out of law school he's not sharp as knife in
[01:24:51.920 --> 01:24:58.200]  the floor so he didn't topic that graduate in the top 10% so it doesn't
[01:24:58.200 --> 01:25:04.080]  get picked up by a law firm so what's he gonna do to get started so he goes
[01:25:04.080 --> 01:25:09.560]  attorney general applies there and there hire him as a bottom-level flunky
[01:25:09.560 --> 01:25:15.440]  attorney a suit comes in by pro se litigant they send it to the new hire
[01:25:15.440 --> 01:25:25.400]  because pro says you're easiest to handle except not always so this guy
[01:25:25.400 --> 01:25:33.480]  doesn't do a good job and I hammer in big time and he's PO'd he has the
[01:25:33.480 --> 01:25:40.160]  investigators for the Attorney General look into me and they find this email
[01:25:40.160 --> 01:25:47.440]  and he files this stupid pleading in a desperate because he's PO'd at me
[01:25:47.440 --> 01:25:53.000]  because I've ruined his career I filed about seven or eight bar grievances
[01:25:53.000 --> 01:25:59.840]  against him personally so once he gets out of the AG's office it tries to go to
[01:25:59.840 --> 01:26:05.080]  work for a law firm and they check his record and he's got seven or eight bar
[01:26:05.080 --> 01:26:14.560]  grievances he's toast I've ruined his career he is not and he ruined his own
[01:26:14.560 --> 01:26:20.840]  career and you called him on it yeah and I called you on it so I get this stupid
[01:26:20.840 --> 01:26:29.040]  pleading from the Chief Justice of the Supreme and I'm thinking there is no way
[01:26:29.040 --> 01:26:36.760]  the Chief Justice of the Supreme is this stupid now I've picked on Nathan Hitch
[01:26:36.760 --> 01:26:43.720]  but I don't have a grant acts to grind against him the guy has risen to the top
[01:26:43.720 --> 01:26:51.600]  of the heap he can't be a chomp he's ignorant of us to assume that he's a
[01:26:51.600 --> 01:27:01.000]  chomp so how does this ignorant pleading get filed I think this pro se litigant
[01:27:01.000 --> 01:27:09.760]  I'm sorry I think this young lawyer who responded was really PO'd because I
[01:27:09.760 --> 01:27:15.960]  screwed him and he's trying to get back at me and I put in in the pleading I
[01:27:15.960 --> 01:27:24.480]  wrote to just to dismiss this particular motion that I am concerned because this
[01:27:24.480 --> 01:27:34.600]  is incongruent it does not appear that Chief Justice Nathan Hitch wrote this
[01:27:34.600 --> 01:27:42.800]  pleading and I would hate to to give him any difficulty when he's not the one
[01:27:42.800 --> 01:27:47.800]  that wrote the pleading so I'm suggesting to him take this chomp lawyer
[01:27:47.800 --> 01:27:55.320]  and throw him under the bus and then stay on the Court of Criminal Appeals and
[01:27:55.320 --> 01:28:02.560]  the next time something comes with one of my arguments not my name but one of
[01:28:02.560 --> 01:28:14.440]  my arguments concerning due process he's gonna sit up and take notice and that's
[01:28:14.440 --> 01:28:22.640]  the most we can hope for we force him to take notice they pay close attention to
[01:28:22.640 --> 01:28:33.240]  the letter of law and the law fixes itself that makes sense Brett sure does
[01:28:33.240 --> 01:28:39.760]  that's all we can ask for okay I've used up almost the whole show but I thought
[01:28:39.760 --> 01:28:46.080]  it was important so that everybody understands you can take these guys on
[01:28:46.080 --> 01:28:54.080]  they're not all-knowing omniscient they screw up like everybody else does and
[01:28:54.080 --> 01:29:00.480]  sometimes when you're in a bureaucracy we have a lot of different people in
[01:29:00.480 --> 01:29:07.080]  your bureaucracy inserting their own personality into it things get screwed
[01:29:07.080 --> 01:29:17.760]  up but you you're the sovereign in this Republic you're the one that can call
[01:29:17.760 --> 01:29:22.160]  them on it beat them up and make them do it the right way when we come back I'm
[01:29:22.160 --> 01:29:27.800]  gonna go to your callers Randy Kelton Brett Fountain rule of our radio call
[01:29:27.800 --> 01:29:39.080]  in number 512-646-1984 I know I've used up the whole show call in tomorrow night
[01:29:39.080 --> 01:29:48.880]  we'll have a four-hour but I thought this was important I think it'd be
[01:29:48.880 --> 01:29:53.840]  helpful for a lot of people not only to think about what's going on with your
[01:29:53.840 --> 01:30:03.840]  case but they can relate it to their own well talk to the callers reality TV
[01:30:03.840 --> 01:30:09.000]  sugar obesity jet lag the list of things that makes us dumber just keeps on
[01:30:09.000 --> 01:30:13.480]  growing but now researchers say we can add stress to the list I'm dr.
[01:30:13.480 --> 01:30:18.800]  Catherine Albrecht back with details in a moment privacy is under attack when
[01:30:18.800 --> 01:30:22.760]  you give up data about yourself you'll never get it back again and once your
[01:30:22.760 --> 01:30:27.440]  privacy is gone you'll find your freedoms will start to vanish too so
[01:30:27.440 --> 01:30:31.700]  protect your rights say no to surveillance and keep your information to
[01:30:31.700 --> 01:30:36.520]  yourself privacy it's worth hanging on to this message is brought to you by
[01:30:36.520 --> 01:30:41.320]  start page comm the private search engine alternative to Google Yahoo and
[01:30:41.320 --> 01:30:48.120]  Bing start over with start page are you always on the go and juggling multiple
[01:30:48.120 --> 01:30:52.760]  projects if so you might think that multitasking proves you're smart but
[01:30:52.760 --> 01:30:57.480]  think again all that stress might be eating your brain a new study find
[01:30:57.480 --> 01:31:01.640]  stress reduces the number of connections between neurons which actually makes it
[01:31:01.640 --> 01:31:06.080]  harder for people to manage problems researchers at Yale University found
[01:31:06.080 --> 01:31:10.920]  that stressed out people have less gray matter in their prefrontal cortex that's
[01:31:10.920 --> 01:31:14.800]  the part of the brain that helps us away conflicting ideas and regulate our
[01:31:14.800 --> 01:31:20.120]  emotions so take a deep breath and chill out it'll help keep your mind as sharp
[01:31:20.120 --> 01:31:25.440]  as attack I'm dr. Catherine Albrecht for start page comm the world's most private
[01:31:25.440 --> 01:31:28.160]  search engine
[01:31:30.360 --> 01:31:35.320]  this is building seven a forty seven story skyscraper that fell on the
[01:31:35.320 --> 01:31:38.280]  afternoon of September 11th the government says that fire brought it
[01:31:38.280 --> 01:31:43.080]  down however 1,500 architects and engineers concluded it was a controlled
[01:31:43.080 --> 01:31:47.160]  demolition over 6,000 my fellow service members have given their lives thousands
[01:31:47.160 --> 01:31:50.880]  of my fellow first responders are dying I'm not a conspiracy theorist I'm a
[01:31:50.880 --> 01:31:54.160]  structural engineer in New York City correctional I'm an Air Force pilot I'm
[01:31:54.160 --> 01:31:58.480]  a father who lost his son we're Americans and we deserve the truth go to
[01:31:58.480 --> 01:32:04.520]  remember building seven dot org today rule of law radio is proud to offer the
[01:32:04.520 --> 01:32:07.840]  rule of law traffic seminar in today's America we live in an us-against-them
[01:32:07.840 --> 01:32:10.880]  society and if we the people are ever going to have a free society then we're
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[01:32:14.360 --> 01:32:17.040]  right to travel freely from place to place the right to act in our own
[01:32:17.040 --> 01:32:20.800]  private capacity and most importantly the right to due process of law traffic
[01:32:20.800 --> 01:32:24.240]  courts afford us the least expensive opportunity to learn how to enforce and
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[01:32:30.560 --> 01:32:34.200]  teaching tool available that will help you understand what due process is and
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[01:33:01.200 --> 01:33:09.480]  you are listening to the logos radio network logosradionetwork.com
[01:33:31.200 --> 01:33:58.560]  okay we are back on this the seventh day of September 2023 and we're going to
[01:33:58.560 --> 01:34:07.520]  Julie in Maryland hello Julie what do you have for us today? Hi Randy how are
[01:34:07.520 --> 01:34:14.840]  you? I'm good for an old fat guy. You're a good-looking young man what are you
[01:34:14.840 --> 01:34:22.200]  talking about? I was good-looking when I was a young man. Well you're still good
[01:34:22.200 --> 01:34:33.480]  looking come on now. All right I have a an unfortunate event that happened in
[01:34:33.480 --> 01:34:45.600]  early August a truck crossed over a two-way street over the sidewalk up the
[01:34:45.600 --> 01:34:54.880]  hill and into my living room and knocked out two walls so the police was called
[01:34:54.880 --> 01:35:03.160]  first responders came and the county code inspector came and you know shut
[01:35:03.160 --> 01:35:09.560]  everything off the electric the like everything okay okay did they blame you
[01:35:09.560 --> 01:35:21.080]  for causing the accident? No no could be worse yeah so the tow truck came and
[01:35:21.080 --> 01:35:28.160]  actually we were not there at all we were in Texas visiting my parents so we
[01:35:28.160 --> 01:35:35.920]  got the phone call from the police and my daughter was actually she she wasn't
[01:35:35.920 --> 01:35:45.160]  in the house so she arrived there and she got some information for us so
[01:35:45.160 --> 01:35:52.680]  anyway the tow truck took the truck away and we were able to get some friends to
[01:35:52.680 --> 01:36:04.480]  board up the property and then when we returned we got the police report and we
[01:36:04.480 --> 01:36:14.040]  called up the insurance of the you know the guy who drove into our house the
[01:36:14.040 --> 01:36:19.240]  insurance guy told us that they were they accepted all responsibility for the
[01:36:19.240 --> 01:36:28.320]  accident so we thought okay this is gonna go smooth but he gave us a list of
[01:36:28.320 --> 01:36:34.760]  items that we had to to send him in order to you know start the the claims
[01:36:34.760 --> 01:36:42.120]  process and we had a contract to come out and look at it and give us a full
[01:36:42.120 --> 01:36:48.480]  estimate of the repairs so we sent everything to the insurance company and
[01:36:48.480 --> 01:36:59.520]  they said you know the policy exceeds I mean the amount exceeds the policy the
[01:36:59.520 --> 01:37:10.520]  policyholders limits or something like that and we were okay yeah what do you
[01:37:10.520 --> 01:37:16.440]  care about that did you sue the insurance company or did you sue the
[01:37:16.440 --> 01:37:24.720]  policyholder yeah exactly yeah we haven't sued anybody you know we're not
[01:37:24.720 --> 01:37:31.960]  okay then before we go any further so I don't forget it write down Stowell's
[01:37:31.960 --> 01:37:42.040]  doctrine as TST OWERS doctor okay so where's the doctor okay what the
[01:37:42.040 --> 01:37:51.160]  Stowell's doctrine says is if a insurance company has liability and you
[01:37:51.160 --> 01:37:59.680]  make a offer to settle that is within the scope of the liability and the
[01:37:59.680 --> 01:38:05.200]  insurance company refuses to settle and you subsequently sue the insurance
[01:38:05.200 --> 01:38:15.640]  company and you win more than the amount you agreed to settle for even if it's
[01:38:15.640 --> 01:38:22.880]  more than their coverage they have to pay the whole thing so you need to know
[01:38:22.880 --> 01:38:29.320]  what their coverage actually is so this this is this a commercial truck or was
[01:38:29.320 --> 01:38:36.460]  it was a private operator okay so we found out that the the driver is the
[01:38:36.460 --> 01:38:43.120]  husband the wife actually has it the wife has the what do you call it the
[01:38:43.120 --> 01:38:49.040]  ownership of the car the truck but he has a business a construction business
[01:38:49.040 --> 01:39:04.120]  and okay here is here is a standard rule whoever has the money pays so if when a
[01:39:04.120 --> 01:39:12.240]  lawyer looks at a lawsuit he wants to find deep pockets example 17-story
[01:39:12.240 --> 01:39:19.480]  building in New York restaurant in the basement oven goes out can't find a
[01:39:19.480 --> 01:39:25.360]  plumber calls his brother-in-law who's a plumber but not a master plumber so he
[01:39:25.360 --> 01:39:33.120]  can't get a permit he comes in fixes his solve they call the city they call the
[01:39:33.120 --> 01:39:39.440]  gas company to check it they approve it seven o'clock the next morning the whole
[01:39:39.440 --> 01:39:45.920]  building blows up the restaurant owner lost everything in the fire there the
[01:39:45.920 --> 01:39:50.520]  apartment building owner lost everything in the fire the plumber never had
[01:39:50.520 --> 01:40:00.200]  anything to start with the city and the gas company who came out and accepted
[01:40:00.200 --> 01:40:09.240]  there the repairs were held one we spent one percent responsible but since nobody
[01:40:09.240 --> 01:40:19.600]  else had any money whoever has the money pays so it was up to the city and the
[01:40:19.600 --> 01:40:27.120]  gas company to pay all the claims and if someone else was responsible they had to
[01:40:27.120 --> 01:40:33.400]  go to those individuals to get their money back so who has the deepest
[01:40:33.400 --> 01:40:45.720]  pockets the insurance company who owns the truck or the company the truck was
[01:40:45.720 --> 01:40:58.520]  operating for well I mean he my husband did some digging and he said that his
[01:40:58.520 --> 01:41:08.120]  company only has like they only claim like 49,000 so apparently what's his
[01:41:08.120 --> 01:41:15.520]  what is his company worth I'm sorry okay on understand you don't give a crap
[01:41:15.520 --> 01:41:22.800]  about their insurance their insurance does not indemnify you right they're
[01:41:22.800 --> 01:41:37.240]  indemnify their company indemnifies him they so whatever damage he caused they
[01:41:37.240 --> 01:41:44.400]  indemnify him for the damages so if you have this guy's driving responsible
[01:41:44.400 --> 01:41:53.560]  yeah if he has a company his company is liable the insurance company pays his
[01:41:53.560 --> 01:42:01.360]  company back but he is the company that pays you so this guy has a company he
[01:42:01.360 --> 01:42:07.660]  was driving the truck whether the truck belongs to somebody else or whether he
[01:42:07.660 --> 01:42:16.080]  was driving for somebody else almost becomes irrelevant so you go after him
[01:42:16.080 --> 01:42:26.360]  and you go after his company's assets even so his company may not have a lot
[01:42:26.360 --> 01:42:42.500]  of money what state are you in Maryland I don't not sure what the rules are in
[01:42:42.500 --> 01:42:49.680]  Maryland in Texas if you have property and you live on that property and that
[01:42:49.680 --> 01:43:00.000]  property is homesteaded he can't be touched unless you commit fraud so this
[01:43:00.000 --> 01:43:06.200]  guy has a company probably has property what assets does he have and what access
[01:43:06.200 --> 01:43:18.240]  do you have to those assets well I know he has proper a property in you know in
[01:43:18.240 --> 01:43:25.600]  where he lives where he works and also one in Florida but they're owned jointly
[01:43:25.600 --> 01:43:36.320]  by wife and husband and it doesn't matter is Maryland a community property
[01:43:36.320 --> 01:43:44.840]  state I'm not sure about that I'll find out you need to find out hang on we're
[01:43:44.840 --> 01:43:50.200]  about to go to our sponsors okay Randy Kelton Brett Fountain rule of our radio
[01:43:50.200 --> 01:43:56.640]  I'm not gonna get out to call in number we only got one segment left hang on
[01:43:56.640 --> 01:44:02.600]  we'll be right back are you being harassed by debt collectors with phone
[01:44:02.600 --> 01:44:07.400]  calls letters or even lawsuits stop debt collectors now with the Michael
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[01:44:54.920 --> 01:45:01.560]  R A S at yahoo.com to learn how to stop debt collectors now are you the
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[01:45:54.720 --> 01:46:18.000]  and click on the banner or call toll-free 866 law easy okay we are back
[01:46:18.000 --> 01:46:29.120]  Randy Cohen Brett fountain ruler radio and Julie a question when you computed
[01:46:29.120 --> 01:46:39.600]  damages did you only compute damages to hard fixtures yes so it's just the con
[01:46:39.600 --> 01:46:44.880]  the contract that the contractor came out and he looked at the the walls the
[01:46:44.880 --> 01:46:55.320]  damages and he yeah but wait a minute you were horribly traumatized what about
[01:46:55.320 --> 01:47:02.960]  that you mean the liability part well you were traumatized you were not the
[01:47:02.960 --> 01:47:10.240]  cost you access to your property and and now you need therapy because you were so
[01:47:10.240 --> 01:47:16.720]  terrorized by this jackass running into your property yep sleepless nights and
[01:47:16.720 --> 01:47:23.760]  everything yep but okay here's the deal you ask for way more than you want do
[01:47:23.760 --> 01:47:37.240]  you ever play poker okay this is poker ask for way more than you want
[01:47:37.240 --> 01:47:44.560]  psychological trauma lack of access to your property blah blah blah everything
[01:47:44.560 --> 01:47:51.400]  you think of even your cat is scared to go to that side yeah he's traumatized
[01:47:51.400 --> 01:48:01.400]  kitty therapy and then so it's like playing poker you throw out the initial
[01:48:01.400 --> 01:48:08.560]  bid and let them counter and you kick it back and forth you get to number both
[01:48:08.560 --> 01:48:15.160]  you can live with I mean they counted at 50% of what we asked for and that's not
[01:48:15.160 --> 01:48:21.920]  even listing anything I mean we didn't list things that you know like okay
[01:48:21.920 --> 01:48:27.520]  following them in since they only offer 50% following amended pleading asking
[01:48:27.520 --> 01:48:39.840]  for 50% more you guys don't want to negotiate in good faith we'll let the
[01:48:39.840 --> 01:48:49.440]  enemy for you but again I haven't even filed any kind of pleading we're just
[01:48:49.440 --> 01:48:56.000]  I mean I'm trying to talk my husband's trying to talk to them and stop doing
[01:48:56.000 --> 01:49:01.520]  that stop doing that you're dealing with sharks they don't want to do that yeah
[01:49:01.520 --> 01:49:07.680]  you're dealing with sharks and every single word you say they will twist it
[01:49:07.680 --> 01:49:17.240]  and turn it to their benefit never ever talk to them directly everything is
[01:49:17.240 --> 01:49:24.120]  invited all right yeah that's the next thing you tell them no more phone
[01:49:24.120 --> 01:49:31.200]  conversations everything in writing okay that's gonna tighten the renal sphincter
[01:49:31.200 --> 01:49:36.280]  muscle that's gonna tell them they're talking to somebody who knows how to
[01:49:36.280 --> 01:49:47.880]  handle us and then take whatever damages you had and triple it and send them a
[01:49:47.880 --> 01:49:57.720]  notice an opportunity to cure I have been harmed in this amount make me
[01:49:57.720 --> 01:50:08.400]  wholly be sued that's a tort claim and these guys are ordinary individuals so
[01:50:08.400 --> 01:50:15.640]  they don't get a tort claim pay no attention to what they say everything
[01:50:15.640 --> 01:50:21.760]  is assume everything they say is going to be a lie do not try to reason with
[01:50:21.760 --> 01:50:26.920]  them they're not gonna reason with you right if if you talk to them there you
[01:50:26.920 --> 01:50:32.360]  got word crafters and wordsmiths who are very good at what they do they will
[01:50:32.360 --> 01:50:40.760]  twist and turn everything you say never ever talk to them on the phone or on
[01:50:40.760 --> 01:50:48.640]  live media if you can avoid it you want everything saved now you don't have to
[01:50:48.640 --> 01:50:54.760]  tell them everything is being saved and that's that's often very good because
[01:50:54.760 --> 01:50:58.880]  you go up and they're doing something stupid and you suck it a bunch of
[01:50:58.880 --> 01:51:05.000]  information yeah when they don't think you're able to capture it all they
[01:51:05.000 --> 01:51:09.320]  don't realize you're recording or they don't they don't understand that a
[01:51:09.320 --> 01:51:13.280]  couple of the people that are out there in the gallery are actually with you
[01:51:13.280 --> 01:51:22.800]  that's when they say stupid things but is there a way I can find out the
[01:51:22.800 --> 01:51:30.800]  insurance policy and how much it covers absolutely that's public information who
[01:51:30.800 --> 01:51:38.400]  holds the insurance on your property oh wait a minute hold on step back you want
[01:51:38.400 --> 01:51:43.360]  to know about the insurance of the other party yes yes yeah that's that's
[01:51:43.360 --> 01:51:52.040]  discovery discovery okay and how do I go about that before I do any pleading
[01:51:52.040 --> 01:51:59.280]  you throw some knives and forks and whatever you need in there and send it
[01:51:59.280 --> 01:52:08.720]  to them and ask them for whatever you want now with that said you want to ask
[01:52:08.720 --> 01:52:14.240]  them for things they will not want to reveal
[01:52:16.160 --> 01:52:21.200]  so what are their biggest concerns
[01:52:21.200 --> 01:52:35.440]  what is their biggest concern yeah what are their concerns I'm looking at the
[01:52:35.440 --> 01:52:40.160]  screen here and I can't tell who you're suing are you suing a public official a
[01:52:40.160 --> 01:52:49.520]  private individual a corporation okay it's a company I know is it a corporation
[01:52:49.520 --> 01:53:07.000]  is it an affiliate of a corporation seems like one of the things that an
[01:53:07.000 --> 01:53:12.080]  insurance would not an insurance company would not want to tell you in discovery
[01:53:12.080 --> 01:53:21.200]  is to tell about previous suits and and how much over the coverage amount did
[01:53:21.200 --> 01:53:33.480]  they end up paying they might not want to talk about that yeah okay well the
[01:53:33.480 --> 01:53:41.600]  guy that ran into my house is he has a contracting company and he is the
[01:53:41.600 --> 01:53:51.000]  principal business contact so it's a company well they need to get the police
[01:53:51.000 --> 01:53:58.680]  involved if this guy caused the accident the police might not want to
[01:53:58.680 --> 01:54:06.480]  drive out that far but that's what you're paying for I mean we do have the
[01:54:06.480 --> 01:54:16.320]  police report do I have it okay I've got a log it's right around it let me see
[01:54:16.320 --> 01:54:22.240]  if I can get it out from under okay got it out
[01:54:22.240 --> 01:54:37.560]  no Randy another thing that you might ask in discovery is how much they have
[01:54:37.560 --> 01:54:45.720]  paid attorneys in previous lawsuits to defend against cases and so then you'll
[01:54:45.720 --> 01:54:50.120]  have a dollar amount that they really don't want to tell you but they're
[01:54:50.120 --> 01:54:54.560]  going to be happy they'll have to tell you okay you can ask them for their
[01:54:54.560 --> 01:55:06.520]  coverage limits and that goes to the storage doctrine if you ask them to
[01:55:06.520 --> 01:55:13.240]  settle for an amount that is within their coverage limits and they don't
[01:55:13.240 --> 01:55:19.280]  then they're liable for any kind of claim you can get adjudicated through
[01:55:19.280 --> 01:55:29.240]  the courts if the if a jury rewards three times the amount if if you made a
[01:55:29.240 --> 01:55:35.840]  offer to settle within their coverage limits and they refused and the jury
[01:55:35.840 --> 01:55:40.840]  comes back and grants three times the amount the insurance company has to pay
[01:55:40.840 --> 01:55:54.520]  it okay this is this is so like this is so weird because I mean they accepted
[01:55:54.520 --> 01:56:02.120]  full responsibility for the accident I mean it's a crystal clear case where so
[01:56:02.120 --> 01:56:08.440]  it's only a matter of how much they have to pay and you need to ask for way more
[01:56:08.440 --> 01:56:16.320]  than you think you deserve because they're going to try to cut it back so
[01:56:16.320 --> 01:56:21.720]  if you ask for what you deserve they'll ask to cut it in half we asked for twice
[01:56:21.720 --> 01:56:28.280]  for what you what you deserve they're likely to cut it back to what you
[01:56:28.280 --> 01:56:34.440]  actually deserve it's poker so so now I have to go and write this torque clean
[01:56:34.440 --> 01:56:41.920]  letter the notice and opportunity to cure letter and the amount now is three
[01:56:41.920 --> 01:56:52.240]  times as much yes okay for your annoyance okay and and what what are the
[01:56:52.240 --> 01:56:57.440]  range of the numbers here there's thousands tens of thousands hundreds of
[01:56:57.440 --> 01:57:10.680]  thousands two hundred thousand okay so that that's the actual damages a little
[01:57:10.680 --> 01:57:21.600]  bit under that yes okay ask for half for half million okay yeah and this is poker
[01:57:21.600 --> 01:57:27.280]  whatever you ask for they're going to jump up and down and rail and write
[01:57:27.280 --> 01:57:32.960]  this indignation say oh my goodness that's way too much if you ask for 10
[01:57:32.960 --> 01:57:41.720]  million or if you ask for $10 that's what they're gonna do so ask for enough
[01:57:41.720 --> 01:57:50.280]  that you can deal back to what you're comfortable with okay all right I will
[01:57:50.280 --> 01:57:56.160]  try that okay and we had one more caller I wanted to get you we didn't get you
[01:57:56.160 --> 01:58:01.360]  Chris and Tennessee if you will call back tomorrow we will take you at the
[01:58:01.360 --> 01:58:08.760]  top and John from New York we were just ignoring you completely and laughing
[01:58:08.760 --> 01:58:14.840]  about it hysterically call back tomorrow night we'll take you to one night okay
[01:58:14.840 --> 01:58:19.880]  John I'm just picking on you the only reason I do that is because you deserve it
[01:58:19.880 --> 01:58:30.760]  this is thank you all for listening we'll be back tomorrow night on our four
[01:58:30.760 --> 01:58:38.760]  hour info marathon so if you have questions or comments call in we like
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