ROL_2023-09-08_16k_Hr1-2.timecode
[00:00.000 --> 00:05.320] The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.320 --> 00:09.360] They guarantee the specific freedoms Americans should know and protect.
[00:09.360 --> 00:10.840] Our liberty depends on it.
[00:10.840 --> 00:14.760] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.760 --> 00:16.880] your First Amendment rights.
[00:16.880 --> 00:18.460] Privacy is under attack.
[00:18.460 --> 00:22.060] When you give up data about yourself, you'll never get it back again.
[00:22.060 --> 00:26.840] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.840 --> 00:32.000] So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:33.000] Privacy.
[00:33.000 --> 00:34.600] It's worth hanging on to.
[00:34.600 --> 00:38.880] This public service announcement is brought to you by StartPage.com, the private search
[00:38.880 --> 00:42.420] engine alternative to Google, Yahoo, and Bing.
[00:42.420 --> 00:44.720] Start over with StartPage.
[00:44.720 --> 00:46.480] Spar.
[00:46.480 --> 00:47.720] It's what fighters do.
[00:47.720 --> 00:50.760] It's also how I remember the five guarantees of the First Amendment.
[00:50.760 --> 00:54.400] If you plan to take away my rights, I'm going to spar with you.
[00:54.400 --> 01:01.520] StartPar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.520 --> 01:02.880] and R for religion.
[01:02.880 --> 01:07.000] Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.000 --> 01:10.800] assembly, and religion, but petition for redress is another matter.
[01:10.800 --> 01:14.520] We have the right to petition the government for a redress of grievances.
[01:14.520 --> 01:18.040] It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.040 --> 01:20.720] the reasons without fear of being thrown into jail.
[01:20.720 --> 01:22.680] I'm Dr. Catherine Albrecht.
[01:22.680 --> 01:31.080] More news and information at CatherineAlbrecht.com.
[01:31.080 --> 01:34.720] The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.720 --> 01:38.200] They guarantee the specific freedoms Americans should know and protect.
[01:38.200 --> 01:39.640] Our liberty depends on it.
[01:39.640 --> 01:43.560] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.560 --> 01:46.700] one of your constitutional rights.
[01:46.700 --> 01:48.280] Privacy is under attack.
[01:48.280 --> 01:51.880] When you give up data about yourself, you'll never get it back again.
[01:51.880 --> 01:56.640] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.640 --> 02:01.680] So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.680 --> 02:04.400] Privacy, it's worth hanging on to.
[02:04.400 --> 02:08.680] This public service announcement is brought to you by StartPage.com, the private search
[02:08.680 --> 02:12.240] engine alternative to Google, Yahoo, and Bing.
[02:12.240 --> 02:14.320] Start over with StartPage.
[02:14.320 --> 02:20.160] When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.160 --> 02:22.240] of Rights in a big old bear hug.
[02:22.240 --> 02:26.720] It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.720 --> 02:30.560] that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.560 --> 02:31.560] Get it?
[02:31.560 --> 02:33.880] Two arms, bear hug, bear arms?
[02:33.880 --> 02:37.640] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.640 --> 02:38.640] when he said,
[02:38.640 --> 02:43.640] The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.640 --> 02:48.760] one more safeguard against the tyranny, which now appears remote in America, but which historically
[02:48.760 --> 02:50.480] has proved to always be possible.
[02:50.480 --> 02:52.440] I'm Dr. Catherine Albrecht.
[02:52.440 --> 03:21.280] For news and information at CatherineAlbrecht.com.
[03:23.080 --> 03:45.080] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[03:45.080 --> 04:02.920] one more safeguard against the tyranny, which now appears remote in America, but which
[04:02.920 --> 04:30.160] now appears remote in America, but which now appears remote in America, but which now
[04:30.160 --> 04:45.360] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[04:45.360 --> 04:59.640] one more safeguard against the tyranny, which now appears remote in America, but which now
[04:59.640 --> 05:06.640] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[05:06.640 --> 05:18.640] one more safeguard against the tyranny, which now appears remote in America, but which now
[05:18.640 --> 05:33.640] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[05:33.640 --> 05:46.640] one more safeguard against the tyranny, which now appears remote in America, but which now
[05:46.640 --> 05:58.640] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[05:58.640 --> 06:14.640] one more safeguard against the tyranny, which now appears remote in America, but which now
[06:14.640 --> 06:26.640] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[06:26.640 --> 06:48.640] one more safeguard against the tyranny, which now appears remote in America, but which now
[06:48.640 --> 07:03.640] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[07:03.640 --> 07:18.640] one more safeguard against the tyranny, which now appears remote in America, but which now
[07:18.640 --> 07:33.640] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[07:33.640 --> 07:48.640] one more safeguard against the tyranny, which now appears remote in America, but which now
[07:48.640 --> 08:03.640] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[08:03.640 --> 08:18.640] one more safeguard against the tyranny, which now appears remote in America, but which now
[08:18.640 --> 08:33.640] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[08:33.640 --> 08:48.640] one more safeguard against the tyranny, which now appears remote in America, but which now
[08:48.640 --> 08:59.640] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[08:59.640 --> 09:14.640] one more safeguard against the tyranny, which now appears remote in America, but which now
[09:14.640 --> 09:29.640] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[09:29.640 --> 09:44.640] one more safeguard against the tyranny, which now appears remote in America, but which now
[09:44.640 --> 09:59.640] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[09:59.640 --> 10:14.640] one more safeguard against the tyranny, which now appears remote in America, but which now
[10:14.640 --> 10:29.640] the right of the citizens to bear arms is just one guarantee against arbitrary government,
[10:29.640 --> 10:44.640] one more safeguard against the tyranny, which now the right of the citizens to bear arms
[10:44.640 --> 10:59.640] is just one guarantee against arbitrary government, one more safeguard against the tyranny, which
[10:59.640 --> 11:14.640] now appears remote in America, but which now the right of the citizens to bear arms is
[11:14.640 --> 11:29.640] just one guarantee against arbitrary government, one more safeguard against the tyranny, which
[11:29.640 --> 11:44.640] now appears remote in America, but which now the right of the citizens to bear arms is
[11:44.640 --> 11:59.640] just one guarantee against arbitrary government, one more safeguard against the tyranny, which
[11:59.640 --> 12:14.640] now appears remote in America, but which now the right of the citizens to bear arms is
[12:14.640 --> 12:29.640] just one guarantee against arbitrary government, one more safeguard against the tyranny, which
[12:29.640 --> 12:44.640] now appears remote in America, but which now the right of the citizens to bear arms is
[12:44.640 --> 12:59.640] just one guarantee against arbitrary government, one more safeguard against the tyranny, which
[12:59.640 --> 13:15.640] now appears remote in America, but which now appears remote in America, but which now
[13:15.640 --> 13:30.640] appears remote in America, but which now appears remote in America.
[13:30.640 --> 13:47.380] So, the matter of, the dispositive matter of a 12b-6 gets magically assumed as if assigned
[13:47.380 --> 13:48.380] to a magistrate.
[13:48.380 --> 13:51.380] There's something that...
[13:51.380 --> 13:56.920] Harman Taylor took that issue on in the Northern District of Texas.
[13:56.920 --> 13:57.920] And?
[13:57.920 --> 14:02.720] He's probably, he's the ex-lawyer, probably the smartest guy I know.
[14:02.720 --> 14:06.720] And they just ruled against him out of hand at every turn.
[14:06.720 --> 14:08.160] He finally gave up on it.
[14:08.160 --> 14:09.160] And?
[14:09.160 --> 14:10.160] He didn't appeal it?
[14:10.160 --> 14:13.640] He appealed it, and he appealed it.
[14:13.640 --> 14:14.840] Nothing worked.
[14:14.840 --> 14:21.200] They have determined to do it this way, and nothing you do is gonna change it.
[14:21.200 --> 14:22.200] Hmm.
[14:22.200 --> 14:25.920] Well, I think you've got some tools for that kind of a thing, huh?
[14:25.920 --> 14:26.920] Yeah, I do.
[14:26.920 --> 14:30.800] The rules and laws say one thing, and they decided they feel like, do it a different
[14:30.800 --> 14:31.800] way.
[14:31.800 --> 14:32.800] They have their own agenda.
[14:32.800 --> 14:33.800] So?
[14:33.800 --> 14:34.800] Yeah.
[14:34.800 --> 14:40.720] I decided not to take on that fight.
[14:40.720 --> 14:47.400] Instead of trying to get rid of the magistrate judge, I'm appealing to the magistrate judge.
[14:47.400 --> 14:56.440] I'm trying to play into the concerns that the magistrate judge has and try to make him
[14:56.440 --> 15:03.240] feel like, or her, in this case it's a her, feel like she matters in the process.
[15:03.240 --> 15:09.040] So she's more likely to give me a good reading, because at the end of the day, you're either
[15:09.040 --> 15:12.560] gonna do this in front of a magistrate or you're gonna do it in front of the judge,
[15:12.560 --> 15:14.760] but you're gonna do the same thing.
[15:14.760 --> 15:15.760] So?
[15:15.760 --> 15:23.520] Well, one of them is an Article III and has Article III authority, the other doesn't.
[15:23.520 --> 15:24.520] Right.
[15:24.520 --> 15:29.400] And the magistrate judge doesn't make any determinations.
[15:29.400 --> 15:30.400] All they do-
[15:30.400 --> 15:32.320] So they say.
[15:32.320 --> 15:35.400] All they do is give recommendations to the court.
[15:35.400 --> 15:43.040] Whatever they want to do, they have to give it to the court, and the court is the one
[15:43.040 --> 15:52.000] who actually does it, but the court will pretty well sign off on anything the magistrate wants
[15:52.000 --> 15:54.000] in the real world.
[15:54.000 --> 15:55.000] Exactly.
[15:55.000 --> 16:01.520] So it was kind of a workaround to get the judge some assistance.
[16:01.520 --> 16:11.240] Well, if they were to follow the rules and if they were to actually have the district
[16:11.240 --> 16:18.320] judge say, hey, here's a particular matter, there has to be a specific particular matter
[16:18.320 --> 16:24.800] that gets assigned to a judge, not an entire case, and certainly not all cases that aren't
[16:24.800 --> 16:30.720] even before the court yet, it has to be something that's a certain specific particular matter
[16:30.720 --> 16:32.640] before the court.
[16:32.640 --> 16:40.920] And if the district judge were to assign that pretrial matter or dispositive matter to a
[16:40.920 --> 16:46.000] magistrate judge, then the magistrate judge has the authority to deal with that.
[16:46.000 --> 16:51.120] But in the case of a dispositive matter, the way that the rules say for the magistrate
[16:51.120 --> 16:56.760] judge to deal with it is to hold and evidence your hearing first, but we'll talk about that
[16:56.760 --> 16:57.760] more on the other side.
[16:57.760 --> 17:00.240] We're going to our sponsors here.
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[18:12.320 --> 18:15.560] Among those rights are the right to travel freely from place to place, the right to act
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[19:28.640 --> 19:43.320] The world is spinning like it's out of control, on the edge of a hole, inside a deep dark
[19:43.320 --> 19:44.320] hole.
[19:44.320 --> 19:49.320] I'm always on the lookout for something to soothe my soul.
[19:49.320 --> 20:06.240] So I sit back and I watch the evidence unfold, and I see justice is the goal, yeah, justice
[20:06.240 --> 20:09.240] is the goal.
[20:09.240 --> 20:16.240] Sometimes we sail a little too far at sea, and then we got to get back on course quickly.
[20:16.240 --> 20:22.520] So we go under heavy advisory, from the man that came all the way from Galilee.
[20:22.520 --> 20:28.320] I was looking for a safe and warm place to be, where I don't have to work so hard to
[20:28.320 --> 20:29.320] be free.
[20:29.320 --> 20:35.720] Some guys are trying to rewrite history, but they got caught, now them guys got the plea.
[20:35.720 --> 20:54.480] Looks like justice is the key, looks like justice is the key, yeah, yeah.
[20:54.480 --> 21:03.440] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio.
[21:03.440 --> 21:12.000] On this Friday, the eighth day of September 2023, and go ahead, Brett, you were talking
[21:12.000 --> 21:16.440] about not following the rules.
[21:16.440 --> 21:22.040] Yeah, just talking about how in general, there are a lot of things that happen in the federal
[21:22.040 --> 21:27.360] district court that it takes a lot of work to keep up with all the wrongdoing, all the
[21:27.360 --> 21:29.440] ways that they break the rules.
[21:29.440 --> 21:36.560] Randy, you were saying how you didn't take on that particular fight about the things
[21:36.560 --> 21:41.160] being assigned to a magistrate judge, and Harmon Taylor did, he tried one time.
[21:41.160 --> 21:49.160] Boy, I tried every time that they did something in this last case.
[21:49.160 --> 21:53.960] Every time they did something, anything, I would go and look in the rules, oh boy, that
[21:53.960 --> 21:54.960] too, really?
[21:54.960 --> 21:57.600] And I hold them accountable for that.
[21:57.600 --> 22:02.960] I'd file an exception, or a judicial misconduct complaint, or I'd put a motion in there for
[22:02.960 --> 22:08.280] them to amend their actions, you know?
[22:08.280 --> 22:12.080] Have you looked at the federal statute for sanctions?
[22:12.080 --> 22:15.440] Oh no, I haven't seen that.
[22:15.440 --> 22:23.220] I looked at it and I don't have it in my head, right off the top of my head, but let me do
[22:23.220 --> 22:25.600] a search for sanctions.
[22:25.600 --> 22:29.240] Or you can ask for sanctions.
[22:29.240 --> 22:38.760] Whatever you're asking for sanctions about, the trial judge has to give the other party
[22:38.760 --> 22:44.240] an opportunity to withdraw whatever document it is.
[22:44.240 --> 22:46.720] That makes sense.
[22:46.720 --> 22:54.040] Well, so yeah, I just wanted to point out that one nugget I got from James about federal
[22:54.040 --> 22:59.120] rules of civil procedure 12, and it's subsection I.
[22:59.120 --> 23:02.600] It's a motion for hearing before trial.
[23:02.600 --> 23:07.280] And if I had known about that about a year ago, that would have been good.
[23:07.280 --> 23:09.320] So hopefully it'll help somebody.
[23:09.320 --> 23:14.720] Oh, and speaking of, we do have James has called in on our guest bridge.
[23:14.720 --> 23:17.240] Good evening, James.
[23:17.240 --> 23:19.800] Gentlemen, how are you?
[23:19.800 --> 23:23.200] Hey, doing great, glad you're here.
[23:23.200 --> 23:29.400] Brett's good and I'm OK, too.
[23:29.400 --> 23:34.320] You know, I think the world of you, Randy, don't don't put yourself down.
[23:34.320 --> 23:44.800] Well, I've just been talking to my wife too much today, so it just becomes a habit.
[23:44.800 --> 23:45.800] You are.
[23:45.800 --> 23:50.320] The ringer on her phone for me is a jackass bring.
[23:50.320 --> 23:54.920] I don't know why you don't have any idea why.
[23:54.920 --> 23:57.920] No, I have no idea.
[23:57.920 --> 24:01.000] Well, that's hilarious.
[24:01.000 --> 24:02.000] I love it.
[24:02.000 --> 24:03.000] That's funny.
[24:03.000 --> 24:09.840] I call her once in a while just to give her a chuckle.
[24:09.840 --> 24:15.720] OK, where your ears burdened, we were just talking about rule 12 subsection I motion
[24:15.720 --> 24:22.360] for hearing and I was mentioning how I appreciate discovering that from you today.
[24:22.360 --> 24:28.880] Yeah, no, like because I didn't even realize that until I was.
[24:28.880 --> 24:36.440] I was messing around in in American jurisprudence the other day, researching motions to dismiss.
[24:36.440 --> 24:43.640] And let me see if I can find it while while we're talking, but here it is right here.
[24:43.640 --> 24:48.560] Basically what it stated was if you have a defendant that presents.
[24:48.560 --> 24:52.680] A motion to dismiss under rule 12 B1.
[24:52.680 --> 24:58.760] So for lack of subject matter jurisdiction, it says the court for the trial court errors
[24:58.760 --> 25:05.640] if it grants the motion without granting the plaintiff or the yeah, the plaintiff in this
[25:05.640 --> 25:10.400] case without granting the plaintiff a hearing.
[25:10.400 --> 25:16.760] So I thought that was interesting when I was researching that in reference to rule 12 I.
[25:16.760 --> 25:18.160] Even without a motion.
[25:18.160 --> 25:21.880] So you're saying in American jurisprudence where you were looking, it was talking about
[25:21.880 --> 25:28.400] the trial court errors, even in a situation where there has been no rule 12 I motion for
[25:28.400 --> 25:29.400] hearing.
[25:29.400 --> 25:30.400] Yes, correct.
[25:30.400 --> 25:31.400] Oh cool.
[25:31.400 --> 25:32.400] That's really cool.
[25:32.400 --> 25:33.400] Interesting.
[25:33.400 --> 25:42.600] What's interesting too is it says if a defendant moves to dismiss an action and they cite 12
[25:42.600 --> 25:51.520] B1 or in the alternative 12 B6, it's stated specifically that the trial court is to hold
[25:51.520 --> 25:52.520] a hearing.
[25:52.520 --> 26:01.120] Yeah, and that's essentially a 12 B motion is a subject matter jurisdiction challenge.
[26:01.120 --> 26:08.480] So it's something you would have to address, it is dispositive, and it would dispose of
[26:08.480 --> 26:19.800] everything else, but it always goes to did the plaintiff sufficiently invoke the subject
[26:19.800 --> 26:24.800] matter jurisdiction of the court?
[26:24.800 --> 26:30.920] Before I saw this, I was reading 12 B and it had occurred to me, this is a subject matter
[26:30.920 --> 26:35.480] jurisdiction challenge always.
[26:35.480 --> 26:45.040] So the 12 I absolutely was fit because you're always challenging the ability of the court
[26:45.040 --> 26:47.640] to hear the case.
[26:47.640 --> 26:49.880] Yeah.
[26:49.880 --> 26:56.320] And that is the gospel according to Randy.
[26:56.320 --> 27:08.520] You know what else is interesting about this rule, rule 12 I here refers to 12 B7, a defense
[27:08.520 --> 27:18.280] of 12 B7, which is a failure to join a party under rule 19.
[27:18.280 --> 27:29.360] And it looks like in my particular case, they were, the defendants were trying to get one
[27:29.360 --> 27:39.280] of my named defendants off the hook by saying I named the wrong party and then they wouldn't
[27:39.280 --> 27:43.160] let me substitute the right party.
[27:43.160 --> 27:50.440] So this could, I think, be rolled back into, hey, this is, this should have been a failure
[27:50.440 --> 27:51.880] to join a party right here.
[27:51.880 --> 27:53.960] That's how it needed to be construed.
[27:53.960 --> 27:57.560] And there needed to be a hearing about that.
[27:57.560 --> 28:10.720] Yeah, so here's just going along with what Randy was saying, Brett, here's what American
[28:10.720 --> 28:17.680] jurisprudence says about a rule 12 B1 defense.
[28:17.680 --> 28:23.760] It says where the defendant moves for dismissal for lack of subject matter jurisdiction, as
[28:23.760 --> 28:32.120] well as on other grounds, the court should first rule on the 12 B1 challenge since if
[28:32.120 --> 28:37.840] it must dismiss the complaint for lack of subject matter jurisdiction, all other defenses
[28:37.840 --> 28:43.760] and objections, including an alleged lack of personal jurisdiction or failure to state
[28:43.760 --> 28:49.840] a claim upon which relief can be granted, become moot and do not need to be determined.
[28:49.840 --> 28:54.400] Right, and that makes sense.
[28:54.400 --> 29:02.000] In this case, they did not, in my case here, they did not allege a lack of subject matter
[29:02.000 --> 29:03.720] jurisdiction.
[29:03.720 --> 29:08.880] So there was no 12 B1.
[29:08.880 --> 29:16.040] I don't know if that means without emotion, they still needed to have a hearing.
[29:16.040 --> 29:20.560] And I think, and I think that, so there's, there's, there's two things that go to the
[29:20.560 --> 29:21.560] heart of this, right?
[29:21.560 --> 29:26.560] If I remember correctly, Brett, you were saying you were dealing with a magistrate judge as
[29:26.560 --> 29:28.560] well, correct?
[29:28.560 --> 29:30.760] Yes, like it or not.
[29:30.760 --> 29:32.320] They all get funded.
[29:32.320 --> 29:37.960] Yeah, like it or not, they send, whether you agree to a magistrate or not, your motions
[29:37.960 --> 29:39.440] go before a magistrate.
[29:39.440 --> 29:46.840] Well, under rule 72, it specifically states that the magistrate must conduct an evidentiary
[29:46.840 --> 29:47.840] hearing.
[29:47.840 --> 29:51.960] And I've requested motion, excuse me, a hearing under that.
[29:51.960 --> 29:52.960] Yes.
[29:52.960 --> 29:58.120] Um, and they have, they've refused to give me a hearing for them.
[29:58.120 --> 30:02.600] All right.
[30:02.600 --> 30:06.200] It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.200 --> 30:07.200] affected our health?
[30:07.200 --> 30:11.360] I'm Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how
[30:11.360 --> 30:15.680] cell phones may actually alter our brain chemistry.
[30:15.680 --> 30:17.260] Privacy is under attack.
[30:17.260 --> 30:20.860] When you give up data about yourself, you'll never get it back again.
[30:20.860 --> 30:25.640] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.640 --> 30:30.880] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.880 --> 30:33.400] Privacy, it's worth hanging onto.
[30:33.400 --> 30:37.680] This public service announcement is brought to you by startpage.com, the private search
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[30:45.080 --> 30:47.160] Cell phones emit radio frequency energy.
[30:47.160 --> 30:48.160] It's a fact.
[30:48.160 --> 30:51.680] But whether it's dangerous to have a phone beaming this kind of radiation near your head
[30:51.680 --> 30:52.680] has been disputed.
[30:52.680 --> 30:57.120] Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.120 --> 31:01.560] Well, now the Journal of the American Medical Association is confirming that cell phones
[31:01.560 --> 31:02.840] affect brain chemistry.
[31:02.840 --> 31:08.200] A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.200 --> 31:11.720] to the cell phone antenna increases when the cell phone is on.
[31:11.720 --> 31:15.800] While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:15.800 --> 31:16.800] chances.
[31:16.800 --> 31:20.240] I always keep the phone far from my body, and I use a corded headset.
[31:20.240 --> 31:22.240] I'm Dr. Catherine Albrecht.
[31:22.240 --> 31:24.520] More news and information at CatherineAlbrecht.com.
[31:52.240 --> 32:06.120] Are you looking to have a closer relationship with God and a better understanding of His
[32:06.120 --> 32:07.120] Word?
[32:07.120 --> 32:12.280] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture
[32:12.280 --> 32:18.680] Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[32:18.680 --> 32:23.200] Study to show thyself approved unto God, a workman that needed not to be ashamed, rightly
[32:23.200 --> 32:25.600] dividing the word of truth.
[32:25.600 --> 32:29.240] Starting in January, our first-hour studies are in the Book of Mark, where we'll go
[32:29.240 --> 32:32.920] verse by verse and discuss the true gospel message.
[32:32.920 --> 32:37.560] Our second-hour topical studies will vary each week with discussions on sound doctrine
[32:37.560 --> 32:39.920] and Christian character development.
[32:39.920 --> 32:44.440] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.440 --> 32:48.760] Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.760 --> 32:51.040] of our Lord and Savior Jesus.
[32:51.040 --> 32:57.680] So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and
[32:57.680 --> 33:00.080] motivate your studies of the Scriptures.
[33:00.080 --> 33:15.480] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:15.480 --> 33:31.120] I got a warrant, and I'm gonna serve them, to the head government them, prosecute them.
[33:31.120 --> 33:32.120] Okay.
[33:32.120 --> 33:33.120] Okay.
[33:33.120 --> 33:34.120] Citizens are raised for mis-establishment.
[33:34.120 --> 33:35.120] Citizens are raised for dictating.
[33:35.120 --> 33:36.120] Well, I need a prosecutor to come and help me.
[33:36.120 --> 33:37.120] Prosecute them.
[33:37.120 --> 33:38.120] Prosecute them.
[33:38.120 --> 33:39.120] Prosecute them.
[33:39.120 --> 33:40.120] Prosecute them.
[33:40.120 --> 33:46.400] Well, I need a prosecutor to come and help me, prosecute them, wicked leader, yeah, you
[33:46.400 --> 33:47.400] see.
[33:47.400 --> 33:48.400] Them a murderer, a liar.
[33:48.400 --> 33:49.400] Them tell me, them a liar.
[33:49.400 --> 33:50.400] Not tell sweet stories.
[33:50.400 --> 33:51.400] Me not believe.
[33:51.400 --> 33:52.400] Me say what them tell me.
[33:52.400 --> 33:53.400] Three percent of American...
[33:53.400 --> 33:54.400] Okay.
[33:54.400 --> 33:55.400] We are back.
[33:55.400 --> 33:58.760] This is the Rule of Law Radio, Randy Kelton.
[33:58.760 --> 34:01.720] I'm Bratt Fountain, and we've got a guest here with us.
[34:01.720 --> 34:08.600] This is James the Patriot, and we're looking at federal rules of civil procedure, particularly
[34:08.600 --> 34:18.280] Rule 12 and subsection I, motion for hearing, and talking about the fact that sometimes
[34:18.280 --> 34:23.200] a plaintiff in a federal court doesn't get the hearing that they need.
[34:23.200 --> 34:26.740] And James, will you tell what you were just reading over the break?
[34:26.740 --> 34:34.200] You were looking at American jurisprudence, and you had found where it was worded so nicely.
[34:34.200 --> 34:35.200] Yes.
[34:35.200 --> 34:36.200] Yes.
[34:36.200 --> 34:43.880] And maybe just for context, if it's okay with you guys, I'll just read what Rule 12I states,
[34:43.880 --> 34:47.960] and then I'll read this American jurisprudence for your listeners here.
[34:47.960 --> 34:54.800] So Rule 12I states, hearing before trial, if a party still moves, any defense listed
[34:54.800 --> 35:01.560] in Rule 12B1 through 7, whether made in a pleading or by motion, and a motion under
[35:01.560 --> 35:07.600] Rule 12C, which is a judgment on the pleading, must be heard and decided before trial unless
[35:07.600 --> 35:10.120] the court orders a deferral until trial.
[35:10.120 --> 35:15.720] So again, the way I interpret that rule is if a party still moves.
[35:15.720 --> 35:17.200] So how do we move the court?
[35:17.200 --> 35:18.200] We submit motion.
[35:18.200 --> 35:24.200] So if you submit a motion for a pretrial hearing under this rule, the court is required to
[35:24.200 --> 35:25.200] give you one.
[35:25.200 --> 35:32.760] Now, here under American jurisprudence, under motions to dismiss pertaining to Rule 12B1
[35:32.760 --> 35:39.040] for lack of subject matter jurisdiction, it states here that in deciding a factual challenge
[35:39.040 --> 35:46.720] to a complaint may be made via a motion to dismiss for lack of subject matter jurisdiction,
[35:46.720 --> 35:53.400] a court must give the plaintiff an opportunity for discovery and for an appropriate hearing.
[35:53.400 --> 35:59.520] It thus may be error for a court to dismiss a case on the defendant's motion to dismiss
[35:59.520 --> 36:05.080] for the lack of subject matter jurisdiction without first holding a hearing as the rule
[36:05.080 --> 36:10.320] requires a preliminary hearing or hearing at trial to determine any disputed facts upon
[36:10.320 --> 36:14.280] which the motion or opposition to it is predicated.
[36:14.280 --> 36:17.880] Yeah, that's so right.
[36:17.880 --> 36:19.240] There needs to be that hearing.
[36:19.240 --> 36:23.520] In the sense that the court errs or say may err?
[36:23.520 --> 36:26.040] It says it may be error.
[36:26.040 --> 36:31.680] There is a caveat to it, and this is what it says, where the defendant challenges the
[36:31.680 --> 36:37.320] plaintiff's assertion of federal jurisdiction and the plaintiff is afforded an opportunity
[36:37.320 --> 36:43.160] to present facts in support of this jurisdictional contention by filing affidavits in opposition
[36:43.160 --> 36:49.760] to the motion to dismiss, a court does not act improperly in ruling on the motion without
[36:49.760 --> 36:55.240] conducting a hearing where the plaintiff fails to request a hearing or to take advantage
[36:55.240 --> 36:59.160] of all the other opportunities to present the facts.
[36:59.160 --> 37:05.680] Okay, and that makes sense too, because then both sides have had an opportunity to be heard
[37:05.680 --> 37:06.680] about that issue.
[37:06.680 --> 37:07.680] Correct.
[37:07.680 --> 37:08.680] That makes sense.
[37:08.680 --> 37:09.680] Yeah.
[37:09.680 --> 37:13.120] But see, that's not what's happening though, Brett.
[37:13.120 --> 37:18.960] You know this, and I know this, and so does Brandon, the big fit, and all the others.
[37:18.960 --> 37:26.640] We support all of our court filings with affidavits with sworn testimony, and we just have attorneys
[37:26.640 --> 37:33.240] just filing paperwork and garbage, and courts are siding with that.
[37:33.240 --> 37:38.200] The real battle is getting, like you all have been teaching for how long now, getting it
[37:38.200 --> 37:43.640] on the record to ensure when we appeal this, because that's where the adults, unfortunately
[37:43.640 --> 37:48.480] the adults in the room are at the appellate court, and it's sad we have to get there,
[37:48.480 --> 37:55.360] but I guess that is what it is.
[37:55.360 --> 37:56.360] For now.
[37:56.360 --> 37:59.360] Yeah, for now.
[37:59.360 --> 38:10.480] Well, hopefully we'll be able to get their attention, and even if they don't like us
[38:10.480 --> 38:17.080] and are not going to be our best friend and bring us to their family events or anything,
[38:17.080 --> 38:24.280] at least we will be able to hold them accountable such that they begin to change their behavior.
[38:24.280 --> 38:25.280] That's my hope.
[38:25.280 --> 38:32.680] Yeah, I mean, that's all it is, right, getting these people to change their behavior.
[38:32.680 --> 38:37.080] So, oh, here's something else that's interesting.
[38:37.080 --> 38:44.040] So in my case I have going right now, the defense submitted a motion to dismiss based
[38:44.040 --> 38:48.760] under Rule 12B1 and Rule 12B6.
[38:48.760 --> 38:55.240] Under Section 446 of American Jurisprudence, it states a complaint cannot be subject to
[38:55.240 --> 38:59.520] dismissal under both 12B1 and 12B6.
[38:59.520 --> 39:05.960] Normally, the court in such a situation will first determine the 12B1 motion since if the
[39:05.960 --> 39:10.480] claim does not survive the jurisdictional attack, the court has no jurisdiction to consider
[39:10.480 --> 39:12.560] the merits of the claim.
[39:12.560 --> 39:16.000] Yeah, that seems right.
[39:16.000 --> 39:23.800] 12B1 jurisdiction would be a threshold issue and the rest of it is moot.
[39:23.800 --> 39:33.400] What was that, you had a case that you found that was 1989, I think you said?
[39:33.400 --> 39:38.120] Yeah, it was Z here, I'll go back to that screen I was just on, it was in the Sixth
[39:38.120 --> 39:41.600] Circuit Court of Appeals.
[39:41.600 --> 39:52.360] It is Commodities Export Company v. the U.S. Customs Service, Sixth Circuit, 1989.
[39:52.360 --> 40:02.680] There's also another one here from 1989 in the First Circuit, it's Barrios, B-E-R-R-I-O-S,
[40:02.680 --> 40:05.680] the Department of Army.
[40:05.680 --> 40:06.680] Okay.
[40:06.680 --> 40:14.560] What do you think, Randy, do you think we can get them to change their behavior?
[40:14.560 --> 40:21.320] I'm hoping, I would like to see 12B6 completely revamped.
[40:21.320 --> 40:23.720] I agree.
[40:23.720 --> 40:32.560] It allows them to use the 12B6 to get around the deadline for filing a answer.
[40:32.560 --> 40:37.680] I mean, you don't like it when they do delay for delay's sake?
[40:37.680 --> 40:38.680] Right.
[40:38.680 --> 40:43.400] But sometimes it can come back to bite them.
[40:43.400 --> 40:51.080] In the case of the suit I'm working right now, they filed a 12B6, a 12B, I think a 12B1
[40:51.080 --> 40:56.560] and 12B6.
[40:56.560 --> 41:02.880] And that told the time to file an answer, so they didn't file an answer, they didn't
[41:02.880 --> 41:03.880] have to.
[41:03.880 --> 41:10.160] Well, it was 150 pages of lawsuits, so they needed time to do all the research.
[41:10.160 --> 41:18.520] But their problem was that the attorney general filed the suit, filed the response for these
[41:18.520 --> 41:27.000] judges that I ruled in their personal capacity, I'm sorry, that I sued in their personal capacity.
[41:27.000 --> 41:35.880] So I'm claiming that the attorney general never had standing to represent these public
[41:35.880 --> 41:39.000] officials sued in their private capacity.
[41:39.000 --> 41:43.720] So that's a conflict of interest.
[41:43.720 --> 41:50.560] If they, well, it's more than that in Texas, it's an extra benefit.
[41:50.560 --> 41:59.240] Now had I sued the government, had I sued the county or the city or one in this case,
[41:59.240 --> 42:06.080] if I'd have sued Texas itself, that's what the attorney general is there for, is to represent
[42:06.080 --> 42:07.080] Texas.
[42:07.080 --> 42:13.120] Or if I'd have sued any of these individuals in their official capacity, that's what he's
[42:13.120 --> 42:14.120] there for.
[42:14.120 --> 42:21.640] But I didn't sue them in their official capacity, I sued them in their private capacity.
[42:21.640 --> 42:31.840] And the Texas Constitution forbids the legislature from authorizing extra benefits to any public
[42:31.840 --> 42:39.920] official beyond the limits of their contract, absolutely forbids it.
[42:39.920 --> 42:45.160] So using the attorney general to represent them in their private capacity, that was an
[42:45.160 --> 42:48.120] added benefit.
[42:48.120 --> 42:58.680] So I'm saying the attorney general never had standing to file the document in the court.
[42:58.680 --> 43:03.760] That's like you, James, coming down and filing a motion in the court for me.
[43:03.760 --> 43:08.360] They're gonna say, who are you?
[43:08.360 --> 43:10.240] What standing do you have?
[43:10.240 --> 43:13.440] Well, my document would look nice and pretty.
[43:13.440 --> 43:16.280] Yeah, it would look pretty.
[43:16.280 --> 43:23.040] But no standing means that it's not properly before the court.
[43:23.040 --> 43:33.800] And if it's not properly before the court, it does not told us the time to file the answer.
[43:33.800 --> 43:34.800] Uh-oh.
[43:34.800 --> 43:36.400] Uh-oh.
[43:36.400 --> 43:41.720] That means they're in default, exactly.
[43:41.720 --> 43:50.720] So I'm looking at default judgment on a $485 million lawsuit.
[43:50.720 --> 43:56.320] Because these judges didn't wanna pay their own lawyer.
[43:56.320 --> 44:00.640] I have the county attorney.
[44:00.640 --> 44:06.640] Through advances in technology, our lives have greatly improved, except in the area
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[46:20.920 --> 46:44.640] Thank you.
[46:50.920 --> 47:14.720] Okay, since Randy Kelton, Brat Fountain, Rule of Law Radio on this Friday, the 8th day
[47:14.720 --> 47:24.000] of September, 2023, and we have a special guest, James, wait a minute, James the Patriot.
[47:24.000 --> 47:29.400] This is James U.T. on my board, so it kind of keeps me here.
[47:29.400 --> 47:31.200] James in Utah, yeah.
[47:31.200 --> 47:33.520] James in Utah, okay.
[47:33.520 --> 47:38.240] I just like to keep you in those, Randy.
[47:38.240 --> 47:44.880] What happened in my case is they had the attorney general respond for them.
[47:44.880 --> 47:55.480] The district attorney had sued the district attorney, the elected DA and an assistant,
[47:55.480 --> 48:00.920] and they got the county attorney to file their answer for them.
[48:00.920 --> 48:02.520] Duh!
[48:02.520 --> 48:08.320] Come on, guys.
[48:08.320 --> 48:13.120] What's wrong with that picture?
[48:13.120 --> 48:14.120] Every day.
[48:14.120 --> 48:19.960] Yeah, the county attorney is a county attorney, and he's paid by the county.
[48:19.960 --> 48:25.140] The district attorney is a state official, he's paid by the state.
[48:25.140 --> 48:31.360] So they're using county funds to represent a state official, what do you call that crap?
[48:31.360 --> 48:38.000] Besides providing him with an attorney, which they can't do in the first place, even if
[48:38.000 --> 48:39.800] they could do that.
[48:39.800 --> 48:42.920] Misappropriation of public funds.
[48:42.920 --> 48:44.920] Exactly.
[48:44.920 --> 48:53.280] And then the city, the Suda City, they had about a half a dozen litigants, and they were
[48:53.280 --> 48:57.360] all represented by the same law firm.
[48:57.360 --> 49:04.040] And I have reason to believe and do believe that the city hired that law firm and had
[49:04.040 --> 49:13.080] that law firm represent all of the individual city litigants, all of whom I sued in their
[49:13.080 --> 49:14.280] personal capacity.
[49:14.280 --> 49:23.440] So all of these litigants have, I don't know, it's nuts, didn't any one of them think about
[49:23.440 --> 49:27.240] the impropriety of that?
[49:27.240 --> 49:34.360] And maybe it's just their use to lawyers accommodating this kind of stuff because they want everybody
[49:34.360 --> 49:37.120] to get paid.
[49:37.120 --> 49:38.120] And these judges-
[49:38.120 --> 49:40.120] Well, that's exactly what it is, Randy.
[49:40.120 --> 49:43.920] Yeah, these judges, highest level judges in Texas.
[49:43.920 --> 49:52.080] Now, if I went to the court and said, well, I have been sued in my private capacity in
[49:52.080 --> 50:01.320] a civil case, I want you to appoint me a lawyer to represent me, what's the judge gonna tell
[50:01.320 --> 50:04.320] me?
[50:04.320 --> 50:06.320] Probably to go down there.
[50:06.320 --> 50:15.680] Yeah, Chief Justice of the Supreme, and in Texas we have Supreme handles civil, the Court
[50:15.680 --> 50:18.920] of Criminal Appeals handles criminal.
[50:18.920 --> 50:20.720] So I sued the Chief Justice of the Supreme.
[50:20.720 --> 50:25.080] If I went into a civil court and asked for court appointed counsel, they'd tell me to
[50:25.080 --> 50:26.800] go scratch.
[50:26.800 --> 50:33.720] Now, if I get sued in the federal court, sometimes there are certain circumstances they can grant
[50:33.720 --> 50:36.360] me counsel.
[50:36.360 --> 50:42.200] But not the only one case, there's a primary consideration.
[50:42.200 --> 50:47.720] Let's say, James, you get charged with a crime, you go into court and you want them to appoint
[50:47.720 --> 50:50.280] your counsel, what are they gonna ask you?
[50:50.280 --> 50:51.280] Yeah.
[50:51.280 --> 50:54.320] Yeah, would you want you want to be appointed counsel?
[50:54.320 --> 50:55.320] Yeah.
[50:55.320 --> 51:02.000] Yeah, they're gonna ask you if you have an inability to pay.
[51:02.000 --> 51:05.680] That's the only time you can get counsel.
[51:05.680 --> 51:10.120] You have to show that you're unable to pay for your own lawyer.
[51:10.120 --> 51:15.200] Now these judges, I agree, they're kind of shortchanged, only make about 180 grand a
[51:15.200 --> 51:18.480] year or something on that order.
[51:18.480 --> 51:20.080] So they're kind of destitute.
[51:20.080 --> 51:23.080] I get it.
[51:23.080 --> 51:28.120] But you'd have to prove that up in court before you can use a government lawyer.
[51:28.120 --> 51:36.560] I mean, these guys would answer that question in about two seconds.
[51:36.560 --> 51:40.000] So did nobody think of that?
[51:40.000 --> 51:44.560] No, nobody thought of that.
[51:44.560 --> 51:48.200] Nobody has challenged it because they're all part of the status quo in the good old boys
[51:48.200 --> 51:50.280] club they call the bar association.
[51:50.280 --> 51:53.040] Yeah, I think you're right.
[51:53.040 --> 51:55.200] It's the lack of a challenge to it.
[51:55.200 --> 51:56.560] It's not that they don't know any better.
[51:56.560 --> 51:59.000] They just hope they still can get away with it.
[51:59.000 --> 52:08.600] 150 page suit.
[52:08.600 --> 52:11.800] Did they not pay attention to that?
[52:11.800 --> 52:18.960] I mean, and nowhere in there did I call myself a man on the land.
[52:18.960 --> 52:27.240] And I didn't use any of that patriot mythological jargon.
[52:27.240 --> 52:35.160] It would seem like somebody would have stuck their head up and said, hey, guys, what happens
[52:35.160 --> 52:48.120] if this is $485 million and they have given me a statutory right to default judgment?
[52:48.120 --> 52:50.400] What were they thinking?
[52:50.400 --> 53:02.040] The chief justice filed a motion to dismiss claiming that my suit was frivolous because
[53:02.040 --> 53:09.640] I filed it for practice.
[53:09.640 --> 53:17.040] In support of that, he had an email that I sent to the mayor of the town I live in.
[53:17.040 --> 53:23.560] I live in a small town, Northwest Fort Worth, kind of podunk Texas.
[53:23.560 --> 53:29.040] We got two red lights now, we're in the big time.
[53:29.040 --> 53:38.360] How did the chief justice of the Texas Supreme Court get an email I sent to my mayor?
[53:38.360 --> 53:43.800] And then use that email to ask the judge to dismiss this case.
[53:43.800 --> 53:51.280] He really used that email to tell the judge what a snake in the grass I was.
[53:51.280 --> 54:01.520] Now, if I had a feeling left, he might have heard it, and I almost put in my response
[54:01.520 --> 54:08.680] that if chief justice is not careful, he's gonna hurt my feelings cuz I feel disparaged.
[54:08.680 --> 54:17.040] In my response, I said that he accused me of filing this suit for practice.
[54:17.040 --> 54:28.000] Yes, as a matter of fact, I did, I filed this suit with the full expectation that you as
[54:28.000 --> 54:31.560] the magistrate would look at my suit.
[54:31.560 --> 54:39.720] And you having superior legal knowledge to me that you would tell me everything that
[54:39.720 --> 54:43.920] was wrong with my suit when you dismissed it.
[54:43.920 --> 54:48.120] I expect you to file a motion to dismiss with a-
[54:48.120 --> 54:54.320] Find the facts and conclusions of law.
[54:54.320 --> 54:59.000] Yeah, and in federal, that judgment is finding the facts and conclusions of law, and you'll
[54:59.000 --> 55:01.720] tell me what's wrong with my suit.
[55:01.720 --> 55:06.840] And I expect you to do that to the other side as well because you wanna make the best decision.
[55:06.840 --> 55:11.880] So I got the rule 12 from the other side, so I know the kind of arguments they're gonna
[55:11.880 --> 55:14.160] make in that regard.
[55:14.160 --> 55:22.120] And now I wanna get your response to this motion, which I fully expect you to dismiss
[55:22.120 --> 55:24.240] my suit.
[55:24.240 --> 55:31.120] But in your dismissal, you'll give me what I need to file a more effective amended pleading.
[55:31.120 --> 55:35.160] I'm practicing law, just like lawyers do.
[55:35.160 --> 55:40.160] I was gonna say, isn't that what lawyers do?
[55:40.160 --> 55:45.200] And now the other judge wants you to, the Chief Justice of the Supreme is asking you
[55:45.200 --> 55:53.920] to dismiss this case because I admitted that I was practicing law.
[55:53.920 --> 55:55.560] So I want sanctions.
[55:55.560 --> 55:56.560] This grounds for sanctions.
[55:56.560 --> 55:57.560] Let's go to sanctions.
[55:57.560 --> 55:58.560] Rule 11.
[55:58.560 --> 55:59.560] Rule 11.
[55:59.560 --> 56:09.040] Okay, and I've got a listing here of, okay, let's see.
[56:09.040 --> 56:15.040] As a threshold matter, the court confirmed that the additional records do not have blah,
[56:15.040 --> 56:16.040] blah, blah.
[56:16.040 --> 56:17.040] Okay.
[56:17.040 --> 56:22.040] First, the plaintiff sought sanctions over a discovery dispute, which the court found
[56:22.040 --> 56:23.040] was improper.
[56:23.040 --> 56:30.440] Rule 11C limits the subject matter jurisdiction of a motion for sanctions to violations of
[56:30.440 --> 56:36.840] assurances enumerated in rule 11B.
[56:36.840 --> 56:44.720] This includes only the improper presentation to the court of a pleading, written motion
[56:44.720 --> 56:55.280] or other paper, though signing, filing, submitting or later advocating it when one of four circumstances
[56:55.280 --> 56:57.580] are not true.
[56:57.580 --> 57:05.360] After an inquiry reasonable under the circumstances, it is not being presented for any improper
[57:05.360 --> 57:13.920] purpose such as to harass, cause unnecessary delay or needlessly increase the cost of litigation.
[57:13.920 --> 57:15.920] Now, he filed a motion-
[57:15.920 --> 57:18.200] He just did all three of those.
[57:18.200 --> 57:31.120] He filed a motion to dismiss a $485 million lawsuit with not one piece of law in it, not
[57:31.120 --> 57:41.120] one case cited, no law, no supporting case law, nothing.
[57:41.120 --> 57:49.040] He didn't even connect the dots to try to establish that this exhibit over here, I'm
[57:49.040 --> 57:50.040] bringing you an exhibit.
[57:50.040 --> 57:52.440] This is a copy and paste from an email.
[57:52.440 --> 57:58.440] He didn't even connect the dots to that and say what that means to him and how the court
[57:58.440 --> 57:59.720] should interpret that.
[57:59.720 --> 58:01.680] Okay, that was number one.
[58:01.680 --> 58:13.360] Two, the claims, defenses or other legal contentions are warranted by existing law or by a non-frivolous
[58:13.360 --> 58:21.600] argument for extending, modifying or revising existing law or for establishing new law.
[58:21.600 --> 58:25.720] Well, he didn't go to law at all.
[58:25.720 --> 58:32.920] Three, the factual contentions have evidentiary support or if specifically so identified,
[58:32.920 --> 58:38.080] will likely have evidentiary support after a reasonable opportunity for further investigation
[58:38.080 --> 58:40.080] or discovery.
[58:40.080 --> 58:43.200] Investigate this all you want.
[58:43.200 --> 58:44.200] It won't help.
[58:44.200 --> 58:50.320] Hang on, Randy Kelton, Brett Fountain, Wheel of Law Radio, we'll be right back.
[58:50.320 --> 58:54.120] Would you like to make more definite progress in your walk with God?
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[01:00:02.240 --> 01:00:05.880] The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.880 --> 01:00:09.360] They guarantee the specific freedoms Americans should know and protect.
[01:00:09.360 --> 01:00:10.800] Our liberty depends on it.
[01:00:10.800 --> 01:00:14.720] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:00:14.720 --> 01:00:17.600] one of your constitutional rights.
[01:00:17.600 --> 01:00:19.200] Privacy is under attack.
[01:00:19.200 --> 01:00:22.800] When you give up data about yourself, you'll never get it back again.
[01:00:22.800 --> 01:00:27.560] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:00:27.560 --> 01:00:32.640] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.640 --> 01:00:35.320] Privacy, it's worth hanging on to.
[01:00:35.320 --> 01:00:39.620] This public service announcement is brought to you by Startpage.com, the private search
[01:00:39.620 --> 01:00:43.160] engine alternative to Google, Yahoo, and Bing.
[01:00:43.160 --> 01:00:46.600] Get over with Startpage.
[01:00:46.600 --> 01:00:48.960] Imagine your mom and dad are getting ready for bed.
[01:00:48.960 --> 01:00:52.040] They pull back the covers and find a third party there.
[01:00:52.040 --> 01:00:55.240] He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.240 --> 01:00:59.360] That shocking image of a third party in my parents' bed reminds me what the Third Amendment
[01:00:59.360 --> 01:01:00.960] was designed to prevent.
[01:01:00.960 --> 01:01:05.160] It protects us from being forced to share our homes with soldiers, a common demand in
[01:01:05.160 --> 01:01:07.300] the days of our founding fathers.
[01:01:07.300 --> 01:01:09.320] Third party, Third Amendment, get it?
[01:01:09.320 --> 01:01:13.440] So if you answer a knock at your door and guys in fatigues demand lodging, tell them
[01:01:13.440 --> 01:01:17.080] to dust off their copy of the Bill of Rights and re-read the Third Amendment.
[01:01:17.080 --> 01:01:32.000] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:01:32.000 --> 01:01:35.660] The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.660 --> 01:01:40.060] They guarantee the specific freedoms Americans should know and protect, our liberty depends
[01:01:40.060 --> 01:01:41.060] on it.
[01:01:41.060 --> 01:01:44.480] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:01:44.480 --> 01:01:47.480] one of your constitutional rights.
[01:01:47.480 --> 01:01:49.080] Privacy is under attack.
[01:01:49.080 --> 01:01:52.680] When you give up data about yourself, you'll never get it back again.
[01:01:52.680 --> 01:01:57.440] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.440 --> 01:02:02.520] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:02:02.520 --> 01:02:05.200] Privacy, it's worth hanging on to.
[01:02:05.200 --> 01:02:09.500] This public service announcement is brought to you by StartPage.com, the private search
[01:02:09.500 --> 01:02:13.040] engine alternative to Google, Yahoo, and Bing.
[01:02:13.040 --> 01:02:16.760] Start over with StartPage.
[01:02:16.760 --> 01:02:22.080] Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:22.080 --> 01:02:26.560] That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[01:02:26.560 --> 01:02:28.040] search and seizure.
[01:02:28.040 --> 01:02:31.200] Fourth Amendment, four eyes staring at you, get it?
[01:02:31.200 --> 01:02:34.960] Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[01:02:34.960 --> 01:02:35.960] privacy.
[01:02:35.960 --> 01:02:40.040] Case in point, TSA airport scanners that peer under your clothing.
[01:02:40.040 --> 01:02:44.040] When government employees demand a peep at your privates without probable cause, I say
[01:02:44.040 --> 01:02:46.880] it's time to sound the constitutional alarm bells.
[01:02:46.880 --> 01:02:51.160] Join me in asking our representatives to dust off the Bill of Rights and use their googly
[01:02:51.160 --> 01:02:53.360] eyes to take a gander at the Fourth.
[01:02:53.360 --> 01:02:55.240] I'm Dr. Catherine Albrecht.
[01:02:55.240 --> 01:03:05.680] More news and information at CatherineAlbrecht.com.
[01:03:05.680 --> 01:03:16.680] It's all according to the will of the Almighty.
[01:03:16.680 --> 01:03:34.960] Randy Kelton, Brett Feltman, Rule of Law Radio on this Friday, the eighth day of September
[01:03:34.960 --> 01:03:35.960] 2023.
[01:03:35.960 --> 01:03:45.000] I'm talking James in Utah, James the Patriot, and talking about sanctions.
[01:03:45.000 --> 01:03:55.040] We've got the highest level judge in the state of Texas, and he files a motion to dismiss.
[01:03:55.040 --> 01:04:00.840] And I'm going through all the things that he can't put in a motion that otherwise he
[01:04:00.840 --> 01:04:03.200] gets sanctions.
[01:04:03.200 --> 01:04:07.960] It's not being presented for any improper purpose such as to harass, cause unnecessary
[01:04:07.960 --> 01:04:11.880] delay, or needless increase in cost of litigation, he did that.
[01:04:11.880 --> 01:04:18.480] The claims defenses and other legal contentions are warranted by existing law or by non-frivolous
[01:04:18.480 --> 01:04:23.640] argument for extending, modifying, revising existing law or establishing new law.
[01:04:23.640 --> 01:04:24.640] Didn't do that.
[01:04:24.640 --> 01:04:26.960] Didn't have any law in it at all.
[01:04:26.960 --> 01:04:29.040] Frivolous for sure.
[01:04:29.040 --> 01:04:39.040] Factual contentions have evidentiary support or if specifically so indicated, identified,
[01:04:39.040 --> 01:04:46.800] to likely have evidentiary support after a reasonable opportunity for further investigation.
[01:04:46.800 --> 01:04:52.400] The facts he stated were that I said I was practicing law.
[01:04:52.400 --> 01:04:57.640] Yes, matter of fact, I did.
[01:04:57.640 --> 01:05:04.280] And those facts will have no evidentiary value of any kind.
[01:05:04.280 --> 01:05:06.080] And the last one, the denial-
[01:05:06.080 --> 01:05:11.360] He might as well have accused you of having red hair, dismissed for red hair.
[01:05:11.360 --> 01:05:18.760] The denials of factual contentions are warranted on the evidence or specifically so identified
[01:05:18.760 --> 01:05:23.800] are reasonably based on belief or lack of information.
[01:05:23.800 --> 01:05:31.480] There was no lack of information here that the factual contentions were warranted on
[01:05:31.480 --> 01:05:33.440] the evidence.
[01:05:33.440 --> 01:05:34.440] They're not evidentiary.
[01:05:34.440 --> 01:05:43.720] If you tried to put this in there, the other side would be objecting relevance.
[01:05:43.720 --> 01:05:48.800] He filed this suit for practice, okay.
[01:05:48.800 --> 01:05:54.160] So he brushed his teeth before he came to court, okay.
[01:05:54.160 --> 01:05:56.160] So what?
[01:05:56.160 --> 01:05:57.160] Point is-
[01:05:57.160 --> 01:06:00.040] Well, we're glad he did so he doesn't kill us with halitosis.
[01:06:00.040 --> 01:06:08.160] Point is, these are the highest judges in Texas, and they're doing this crap.
[01:06:08.160 --> 01:06:13.360] And James, you've got some similar experiences.
[01:06:13.360 --> 01:06:18.920] I'm not dealing with the judges in the highest court in my state, but I am dealing at the
[01:06:18.920 --> 01:06:21.000] federal court level.
[01:06:21.000 --> 01:06:27.440] You know, my suit, I talked about it at length on my podcast today that Brett was kind enough
[01:06:27.440 --> 01:06:28.440] to listen into.
[01:06:28.440 --> 01:06:29.440] So thank you, Brett, for that.
[01:06:29.440 --> 01:06:30.440] Okay.
[01:06:30.440 --> 01:06:31.440] Wait a minute.
[01:06:31.440 --> 01:06:32.440] Wait a minute.
[01:06:32.440 --> 01:06:33.440] I do have to state a rule that we have on this show.
[01:06:33.440 --> 01:06:34.440] All right.
[01:06:34.440 --> 01:06:35.440] What's that?
[01:06:35.440 --> 01:06:36.440] We absolutely support shameless self-promotion.
[01:06:36.440 --> 01:06:37.440] Wonderful.
[01:06:37.440 --> 01:06:38.440] So tell them how to find your podcast.
[01:06:38.440 --> 01:06:39.440] All right.
[01:06:39.440 --> 01:06:51.120] So it's on all the podcast platforms, Apple, Spotify, but it's the Justice Revolution is
[01:06:51.120 --> 01:06:52.720] the name of my show.
[01:06:52.720 --> 01:06:58.280] You can find us on YouTube, on Rumble, BitChute, all those other platforms.
[01:06:58.280 --> 01:07:02.640] We do the video broadcast, and then we do an audio broadcast.
[01:07:02.640 --> 01:07:10.400] But in my case, I filed a property tax lawsuit against my county, and I specifically asked
[01:07:10.400 --> 01:07:17.720] for evidence from my county of evidence that proves I'm a taxpayer according to statutory
[01:07:17.720 --> 01:07:18.720] law.
[01:07:18.720 --> 01:07:19.720] Well, wouldn't you guys know it?
[01:07:19.720 --> 01:07:20.720] It doesn't exist.
[01:07:20.720 --> 01:07:26.160] So of course, I supported my lawsuit with all of those exhibits that show that and state
[01:07:26.160 --> 01:07:31.080] that, you know, I'm not a taxpayer, nor do I have any evidence from the defendants that
[01:07:31.080 --> 01:07:32.080] proves that I am.
[01:07:32.080 --> 01:07:38.960] So what do you think the entire motion to dismiss from these attorneys, for these defendants,
[01:07:38.960 --> 01:07:40.760] what do you think it revolves on?
[01:07:40.760 --> 01:07:43.960] I'll give you guys one guess.
[01:07:43.960 --> 01:07:49.560] They move to dismiss because you're an anus rectum.
[01:07:49.560 --> 01:07:58.200] So his entire argument, so he filed a motion to dismiss citing lack of subject matter jurisdiction
[01:07:58.200 --> 01:08:06.680] 12b1 and 12b6, the entire argument rests on one issue of material fact, and that is I
[01:08:06.680 --> 01:08:09.040] am a taxpayer.
[01:08:09.040 --> 01:08:12.320] But he had failed to do anything to substantiate that.
[01:08:12.320 --> 01:08:19.200] So when I look at rule of 11, I do the same thing as like, okay, well, and I even, you
[01:08:19.200 --> 01:08:22.720] know, maybe I'm a little, I don't know, too nice sometimes.
[01:08:22.720 --> 01:08:26.960] I reached out to them ahead of time, and they told me they were going to do this.
[01:08:26.960 --> 01:08:31.040] And I was like, hmm, I'd love to see how you guys are going to twist this.
[01:08:31.040 --> 01:08:36.960] But after reading the motion, I'm like, okay, this is patently frivolous.
[01:08:36.960 --> 01:08:42.840] And clearly you didn't read and understand my pleading, because if you had, you would
[01:08:42.840 --> 01:08:48.840] have realized or should have known that filing your motion will be and should be considered
[01:08:48.840 --> 01:08:54.120] frivolous by the court because of the fact that what you just stated there, Randy, under
[01:08:54.120 --> 01:08:59.280] rule 11b1, and in my case, it's b1 and b3.
[01:08:59.280 --> 01:09:03.680] So they state that the factual contention have evidentiary support.
[01:09:03.680 --> 01:09:09.720] Well, this counsel failed to substantiate any of his quote unquote factual contentions
[01:09:09.720 --> 01:09:12.360] with any kind of support whatsoever.
[01:09:12.360 --> 01:09:20.560] He just made blanket statements that all of my factual allegations are conclusory statements.
[01:09:20.560 --> 01:09:27.920] So in my reply, I cited that counsel has failed to comply with the requirements of rule 11b1
[01:09:27.920 --> 01:09:29.400] and 3.
[01:09:29.400 --> 01:09:35.920] And I cite that upon review of counsel's motion to dismiss, it is clear to see that counsel
[01:09:35.920 --> 01:09:40.440] has failed to certify to the best of their knowledge that the motion was not presented
[01:09:40.440 --> 01:09:46.960] to the court for an improper purpose, since the factual claims made in counsel's motion
[01:09:46.960 --> 01:09:51.360] do not have any evidentiary support within the existing record.
[01:09:51.360 --> 01:09:57.520] Furthermore, there will be no support for these quote unquote facts, even after discovery,
[01:09:57.520 --> 01:10:01.640] as plaintiff has already asserted with his exhibit that the evidence needed to support
[01:10:01.640 --> 01:10:06.720] counsel's theory doesn't exist.
[01:10:06.720 --> 01:10:08.520] That's how we fight back people.
[01:10:08.520 --> 01:10:12.680] That's what Randy's trying to get across.
[01:10:12.680 --> 01:10:14.240] And then you move for sanctions.
[01:10:14.240 --> 01:10:19.560] Well, I didn't actually, because again, you've got to file a motion for sanctions.
[01:10:19.560 --> 01:10:21.160] But here's the thing.
[01:10:21.160 --> 01:10:26.600] When they filed this frivolous motion to dismiss, I sent them an email and I pointed out all
[01:10:26.600 --> 01:10:27.600] of these deficiencies.
[01:10:27.600 --> 01:10:34.440] And I asked them in the email to withdraw the motion to dismiss and file a proper answer.
[01:10:34.440 --> 01:10:36.120] They patently refused.
[01:10:36.120 --> 01:10:37.120] They told me no.
[01:10:37.120 --> 01:10:44.440] So I could use that, yeah, I could use that if I wanted to in seeking motions for sanctions.
[01:10:44.440 --> 01:10:48.560] But at this point, I want to get the court to rule on this motion, and then I'm going
[01:10:48.560 --> 01:10:50.040] to move for summary judgment.
[01:10:50.040 --> 01:10:53.760] Wait, you made a boo-boo.
[01:10:53.760 --> 01:11:01.640] In ruling that, it is the judge who has to ask them to withdraw their motion.
[01:11:01.640 --> 01:11:04.080] Oh, I see what you're saying.
[01:11:04.080 --> 01:11:05.080] Yes.
[01:11:05.080 --> 01:11:12.520] And I put in mind that since the rule says that the judge can on his own request that
[01:11:12.520 --> 01:11:19.040] they withdraw the motion, so I'm not going to ask you to withdraw the motion.
[01:11:19.040 --> 01:11:27.080] And then when I get down to the end, I address the fact that I don't think the Chief Justice
[01:11:27.080 --> 01:11:32.760] of the Texas Supreme wrote such a frivolous motion.
[01:11:32.760 --> 01:11:37.960] I suspect he has nothing to do with it.
[01:11:37.960 --> 01:11:45.040] And it is my belief that the lawyer in the case wrote this motion and filed it because
[01:11:45.040 --> 01:11:49.000] he was annoyed at me for bar grieving him.
[01:11:49.000 --> 01:11:56.160] So even though I said I wouldn't, I'm going to ask you to ask the Chief Justice to withdraw
[01:11:56.160 --> 01:11:57.160] the motion.
[01:11:57.160 --> 01:12:07.600] Well, and here's what the rule states, under Rule 11C1, it says if after notice and a reasonable
[01:12:07.600 --> 01:12:13.200] opportunity to respond, the court determines that 11B has been violated, the court may
[01:12:13.200 --> 01:12:14.680] impose an appropriate sanction.
[01:12:14.680 --> 01:12:17.760] So it doesn't state that the court has to ask for it.
[01:12:17.760 --> 01:12:20.600] It just says after notice and a reasonable opportunity to respond.
[01:12:20.600 --> 01:12:27.080] I mean, some attorney will interpret that as saying, well, I'm going to ask you to remove
[01:12:27.080 --> 01:12:28.080] this.
[01:12:28.080 --> 01:12:32.040] I didn't ask them to withdraw their motion in any formal court filing.
[01:12:32.040 --> 01:12:35.760] I just pointed out the facts and I just emailed them and said, this is garbage.
[01:12:35.760 --> 01:12:37.240] You guys know this is garbage.
[01:12:37.240 --> 01:12:40.200] This is meant to delay these proceedings.
[01:12:40.200 --> 01:12:41.400] You don't have a leg to stand in.
[01:12:41.400 --> 01:12:46.480] Oh, and by the way, when I conferred with them on the phone, there was three attorneys
[01:12:46.480 --> 01:12:50.560] in the room to deal with little old pro-Samey.
[01:12:50.560 --> 01:12:59.080] So, for everyone who is listening, this is not, this is not hard.
[01:12:59.080 --> 01:13:04.240] I mean, Randy hits the nail, it is, oh my gosh, is it fun?
[01:13:04.240 --> 01:13:06.440] Is it fun when you talk to these people?
[01:13:06.440 --> 01:13:10.080] You're going to be nervous at first, but when you start talking to these people and you
[01:13:10.080 --> 01:13:15.040] realize, my goodness, you guys are swimming in the statutory sea, you haven't got a clue
[01:13:15.040 --> 01:13:19.600] what the constitution states, you haven't got a clue what your own rights are.
[01:13:19.600 --> 01:13:24.040] And when we start holding their feet to the fire, they start shaking like a leaf on a
[01:13:24.040 --> 01:13:25.040] tree.
[01:13:25.040 --> 01:13:26.040] Yeah.
[01:13:26.040 --> 01:13:31.720] And, you know, most of you are only accustomed to the court, dealing with the court when they're
[01:13:31.720 --> 01:13:33.520] coming after you.
[01:13:33.520 --> 01:13:34.720] Exactly.
[01:13:34.720 --> 01:13:37.800] When they're holding a thread over your head.
[01:13:37.800 --> 01:13:44.320] Well, I can tell you, I've been on both sides of it.
[01:13:44.320 --> 01:13:54.360] And as oppressive as the one side is, the other side is equally as, what's the term,
[01:13:54.360 --> 01:13:55.360] fun.
[01:13:55.360 --> 01:13:57.000] It's just wonderful.
[01:13:57.000 --> 01:13:58.000] It's great.
[01:13:58.000 --> 01:13:59.000] Yeah.
[01:13:59.000 --> 01:14:03.440] Well, I think it's a lot more fun when you're playing offense, it's definitely a lot more
[01:14:03.440 --> 01:14:04.440] fun.
[01:14:04.440 --> 01:14:05.440] So.
[01:14:05.440 --> 01:14:13.240] So, and, and you will, they'll, if you pay attention to them, they'll teach you what
[01:14:13.240 --> 01:14:14.240] to do.
[01:14:14.240 --> 01:14:17.120] If you do anything wrong, they'll tell you what you did wrong.
[01:14:17.120 --> 01:14:22.880] So don't be concerned if they're going to, they write this nasty ruling saying what a
[01:14:22.880 --> 01:14:30.520] no good scoundrel, ignorant pro se, blah, blah, blah, who cares?
[01:14:30.520 --> 01:14:33.040] They're telling me what I'm doing wrong.
[01:14:33.040 --> 01:14:41.360] And you know, the reason I'm saying I'm practicing is I filed this action and if I've missed
[01:14:41.360 --> 01:14:46.240] anything, they're going to tell me what it is.
[01:14:46.240 --> 01:14:52.400] And when I get the response from the judge, the judgment, this is more so in the federal
[01:14:52.400 --> 01:14:59.760] courts than the state, the judge is going to tell me what's important.
[01:14:59.760 --> 01:15:05.720] If something's not, if the judge doesn't address something, you don't need to address it.
[01:15:05.720 --> 01:15:09.040] So keep you from arguing irrelevant issues.
[01:15:09.040 --> 01:15:14.760] Now the other side, if you screw up an argument, oh, they'll jump right on it.
[01:15:14.760 --> 01:15:17.880] They'll let you argue all day about something that doesn't matter.
[01:15:17.880 --> 01:15:18.880] Yeah.
[01:15:18.880 --> 01:15:19.880] Chase a silly rabbit trail.
[01:15:19.880 --> 01:15:23.080] So pay attention to what the judge tells you.
[01:15:23.080 --> 01:15:24.080] Yeah.
[01:15:24.080 --> 01:15:27.680] Stay within the four corners of your complaint.
[01:15:27.680 --> 01:15:29.680] Don't go outside of that.
[01:15:29.680 --> 01:15:30.680] Yeah.
[01:15:30.680 --> 01:15:31.680] Four corners.
[01:15:31.680 --> 01:15:42.080] We've got a good issue on four corners coming up in Victoria County.
[01:15:42.080 --> 01:15:43.080] Thank you, James.
[01:15:43.080 --> 01:15:47.880] I know you're going to bail on us earlier, but we kind of hung on to you a little while.
[01:15:47.880 --> 01:15:48.880] It's okay.
[01:15:48.880 --> 01:15:49.880] I appreciate this.
[01:15:49.880 --> 01:15:50.880] Let's do this again.
[01:15:50.880 --> 01:15:53.140] Sometimes I really enjoyed it.
[01:15:53.140 --> 01:15:55.320] Don't be such a stranger.
[01:15:55.320 --> 01:15:56.320] You know, I won't.
[01:15:56.320 --> 01:15:57.320] Okay.
[01:15:57.320 --> 01:15:58.320] Thank you, James.
[01:15:58.320 --> 01:15:59.320] All right.
[01:15:59.320 --> 01:16:00.320] Bye y'all.
[01:16:00.320 --> 01:16:03.040] Now we're going to go to Mary in Texas.
[01:16:03.040 --> 01:16:04.040] Hello, Miss Mary.
[01:16:04.040 --> 01:16:05.040] Hello, Randy.
[01:16:05.040 --> 01:16:06.040] Hello, Brett.
[01:16:06.040 --> 01:16:07.040] Good evening.
[01:16:07.040 --> 01:16:11.200] What do you have for us today?
[01:16:11.200 --> 01:16:15.000] I know you're starting trouble somewhere.
[01:16:15.000 --> 01:16:21.000] Mary almost got me beat up at the Senate subcommittee hearings in the Capitol building one time.
[01:16:21.000 --> 01:16:22.680] You're still holding that against her.
[01:16:22.680 --> 01:16:23.680] Yeah.
[01:16:23.680 --> 01:16:26.320] I thought I was going to have to pull her off the sergeant at arms.
[01:16:26.320 --> 01:16:33.600] Well, I was probably, was I wearing my six-inch heels that day or pretending I was a journalist
[01:16:33.600 --> 01:16:34.600] that day?
[01:16:34.600 --> 01:16:35.600] Okay.
[01:16:35.600 --> 01:16:36.600] Hang on.
[01:16:36.600 --> 01:16:42.200] We'll pick this up when we come back on the other side.
[01:16:42.200 --> 01:16:46.320] This is Randy Kelso, Brett Fountain, Rule of Law Radio.
[01:16:46.320 --> 01:16:51.160] Our call-in board is full, so I'm not going to give out the call-in number.
[01:16:51.160 --> 01:16:52.160] Hang on.
[01:16:52.160 --> 01:17:00.080] We'll be right back.
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[01:18:58.600 --> 01:19:02.000] Happy holidays, logos.
[01:19:02.000 --> 01:19:26.600] This is the logos, logos, radio, net, radio, net, radio, net, radio, net, radio, net,
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[01:19:32.720 --> 01:19:33.720] Okay.
[01:19:33.720 --> 01:19:34.720] We are back.
[01:19:34.720 --> 01:19:37.760] Randy Calhoun from Brett Fountain, We Need Law Radio, and we're talking to Mary in Texas.
[01:19:37.760 --> 01:19:42.440] Okay, Mary, what do you have for us?
[01:19:42.440 --> 01:19:43.440] Hello.
[01:19:43.440 --> 01:19:44.440] Hello, gentlemen.
[01:19:44.440 --> 01:19:50.800] The issue is regarding the Republican leadership.
[01:19:50.800 --> 01:20:01.800] It's involving law, but working on these Paxton issues of indictment, a friend told
[01:20:01.800 --> 01:20:10.840] me that our Lieutenant Governor Dan Patrick moved it into criminal court, which gives
[01:20:10.840 --> 01:20:17.920] it sort of a Biden jurisdiction, federal, and the stuff coming against Trump.
[01:20:17.920 --> 01:20:25.880] So the idea is that, between me and you, the idea is that, kind of like Alex Jones.
[01:20:25.880 --> 01:20:33.600] Alex Jones had maybe gotten sued a little bit here or there in the beginning, but he
[01:20:33.600 --> 01:20:37.480] never proactively sued people in the beginning.
[01:20:37.480 --> 01:20:41.480] He said he didn't have time, he didn't have money to do that.
[01:20:41.480 --> 01:20:43.840] And then they came after him.
[01:20:43.840 --> 01:20:51.520] He was a sitting target because he had no lawyering skills, like us pro-says understand.
[01:20:51.520 --> 01:20:57.800] You just cannot sit there without law skills on any type of level with money or politics
[01:20:57.800 --> 01:21:01.960] or fame or whatever.
[01:21:01.960 --> 01:21:11.300] And so what I'm seeing right now is our Republican leadership and whatever they say about Paxton,
[01:21:11.300 --> 01:21:25.320] I will say that he's a freedom target because he was suing Pfizer and NIH and Moderna.
[01:21:25.320 --> 01:21:26.320] And so...
[01:21:26.320 --> 01:21:29.320] Ooh, can't have that.
[01:21:29.320 --> 01:21:35.720] We believe primarily it's an attack from the pharmaceutical and the Biden.
[01:21:35.720 --> 01:21:43.080] So what I'm trying to get to the point with, and this may be more than a one conversation
[01:21:43.080 --> 01:21:53.240] subject, is that I have a small area of influence within the Republican Party and I can exercise
[01:21:53.240 --> 01:21:56.200] it if I feel driven.
[01:21:56.200 --> 01:22:06.960] I'm seeing these lawyers from the Christian group and other conservative groups, when
[01:22:06.960 --> 01:22:11.920] some of these indictments and attacks came on Trump, they asked it as if somebody had
[01:22:11.920 --> 01:22:15.920] slapped them with a glove and offered them to a duel.
[01:22:15.920 --> 01:22:17.760] Oh, how dare they?
[01:22:17.760 --> 01:22:20.080] This was not gentlemanly.
[01:22:20.080 --> 01:22:25.560] Like they have these gentlemen agreements not to do certain things and not to play dirty,
[01:22:25.560 --> 01:22:30.720] maybe quote unquote waste money or harass, quote unquote.
[01:22:30.720 --> 01:22:35.560] And I don't think they quite understand the nature of reality.
[01:22:35.560 --> 01:22:43.960] It's like I'm having these Republican leaders that are playing polo and some football players
[01:22:43.960 --> 01:22:52.400] come from Detroit trying to win on some similar field where these elite Republican classes
[01:22:52.400 --> 01:23:03.440] think that law is for the upstanding elite upper echelon monarchists.
[01:23:03.440 --> 01:23:11.200] And when these rude, dirty Democrats get in and start practicing law, these scuffles,
[01:23:11.200 --> 01:23:13.200] you know, it's ungentlemanly.
[01:23:13.200 --> 01:23:19.240] So I'm dealing with lawyers that are more concerned about being a gentleman than actually
[01:23:19.240 --> 01:23:22.880] understanding fight fire with fire.
[01:23:22.880 --> 01:23:32.080] You say this or that about January 6th, well, they're not, it's like somebody called them
[01:23:32.080 --> 01:23:35.080] a conspiracy theorist and now their feelings are hurt.
[01:23:35.080 --> 01:23:37.080] They need to attack the theory.
[01:23:37.080 --> 01:23:38.960] I don't know.
[01:23:38.960 --> 01:23:47.280] So I'm just saying it's funny because there's money here and there's power here, but these
[01:23:47.280 --> 01:23:55.840] people don't seem like they understand law or how to fight.
[01:23:55.840 --> 01:24:00.520] That's kind of standard procedure.
[01:24:00.520 --> 01:24:04.120] That's been a frustration of mine since I started doing the show.
[01:24:04.120 --> 01:24:15.560] Well, so at some point there'll be some main issues that, you know, I want to bring up
[01:24:15.560 --> 01:24:24.640] at some point and, you know, take those on with some leadership, hopefully encourage
[01:24:24.640 --> 01:24:32.960] some of these nonprofit groups and whatnot to move forward and just face the fight, you
[01:24:32.960 --> 01:24:35.520] know, get into the fight.
[01:24:35.520 --> 01:24:44.200] Well, I think there is a free to the system as we are, as most citizens are, if not more
[01:24:44.200 --> 01:24:46.400] so.
[01:24:46.400 --> 01:24:54.160] They're inside the system and they see exactly how corrupt it is, and the last thing they
[01:24:54.160 --> 01:25:00.280] want is this corrupt system coming after them.
[01:25:00.280 --> 01:25:09.000] I haven't found any politicians who were willing to stand up.
[01:25:09.000 --> 01:25:12.860] It's just not a good political move.
[01:25:12.860 --> 01:25:20.160] Everybody will get upset at you and you may lose a couple of votes.
[01:25:20.160 --> 01:25:23.480] They tend not to think so much in what gets them votes.
[01:25:23.480 --> 01:25:30.560] They tend to think mostly in what costs them votes.
[01:25:30.560 --> 01:25:40.600] So Trump comes along and he goes against everybody and he gets more votes than anybody.
[01:25:40.600 --> 01:25:43.360] These guys should pay attention.
[01:25:43.360 --> 01:25:51.480] Well, I'll probably bring some questions up at some later date, but I just wanted to pop
[01:25:51.480 --> 01:25:52.480] in tonight.
[01:25:52.480 --> 01:25:59.560] I've had a great day and I don't know what else to say, though, because it's been a long
[01:25:59.560 --> 01:26:04.000] day, but I just I wanted to pop in on the show and kind of tell you that's what we're
[01:26:04.000 --> 01:26:05.000] wrestling with.
[01:26:05.000 --> 01:26:10.280] You know, I want to try to find some legal ways and apparently Paxton has a great lawyer
[01:26:10.280 --> 01:26:18.040] and he really did well in the hearing this week, I think it was Monday, a friend of mine
[01:26:18.040 --> 01:26:20.200] went up there to personally watch it.
[01:26:20.200 --> 01:26:28.040] So I heard great reviews from that attorney, but the problem is that Abbott's friend Dan
[01:26:28.040 --> 01:26:36.480] Patrick, I believe, chose to move the inquiry into a criminal court, which is under federal
[01:26:36.480 --> 01:26:37.480] jurisdiction.
[01:26:37.480 --> 01:26:46.080] So instead of this is just being a fun Yahoo about impeachment or something and a waste
[01:26:46.080 --> 01:26:54.120] of time and harassment and all that crap, these are what language but it could get serious.
[01:26:54.120 --> 01:27:05.040] So I'm just trying to get an inventive and very fiery ways to defend these two men particularly
[01:27:05.040 --> 01:27:11.920] and we'll just be bringing the topic up more in the future, I guess.
[01:27:11.920 --> 01:27:16.280] And I appreciate you and your show and really great guests earlier.
[01:27:16.280 --> 01:27:20.040] Talk about James there.
[01:27:20.040 --> 01:27:21.040] Yeah.
[01:27:21.040 --> 01:27:25.640] Yeah, I've done a show on his network before.
[01:27:25.640 --> 01:27:28.240] He is he's really good.
[01:27:28.240 --> 01:27:31.920] He doesn't do any a patriot mythology stuff.
[01:27:31.920 --> 01:27:43.120] I'm starting to think your judges that are in the suit don't have insurance or not bonded.
[01:27:43.120 --> 01:27:52.800] I'm kind of believing the same thing, which sort of gives me pause because if I win this
[01:27:52.800 --> 01:28:00.400] the way it is, then I win it that my claim against all these judges.
[01:28:00.400 --> 01:28:05.960] They're not going to be able to pay it.
[01:28:05.960 --> 01:28:07.960] So who's going to pay my bills?
[01:28:07.960 --> 01:28:12.880] Who's going to write me the check?
[01:28:12.880 --> 01:28:14.640] I'll wind up getting their best boat.
[01:28:14.640 --> 01:28:18.360] Well, I don't want a best boat.
[01:28:18.360 --> 01:28:23.040] So I got to figure that out how to get it set up so that the state can pay the bill
[01:28:23.040 --> 01:28:30.960] and they can make a deal and get me to go away and leave me alone.
[01:28:30.960 --> 01:28:34.840] Okay do you have anything else for us, Mary?
[01:28:34.840 --> 01:28:40.800] Hello, Mary, did we lose you?
[01:28:40.800 --> 01:28:41.800] I called back.
[01:28:41.800 --> 01:28:43.800] I don't know if you can hear this one.
[01:28:43.800 --> 01:28:45.800] Hey, there you are.
[01:28:45.800 --> 01:28:46.800] Okay.
[01:28:46.800 --> 01:28:47.800] Yeah.
[01:28:47.800 --> 01:28:48.800] Great.
[01:28:48.800 --> 01:28:49.800] I appreciate you.
[01:28:49.800 --> 01:28:50.800] Yeah.
[01:28:50.800 --> 01:28:51.800] Okay.
[01:28:51.800 --> 01:28:52.800] Thank you, Mary.
[01:28:52.800 --> 01:28:59.600] Now it looks like Robin from New Jersey dropped off and came back, so she was the first time
[01:28:59.600 --> 01:29:00.600] caller.
[01:29:00.600 --> 01:29:03.720] No, but she did call earlier.
[01:29:03.720 --> 01:29:04.720] Oh, okay.
[01:29:04.720 --> 01:29:05.720] So we'll take Robin next.
[01:29:05.720 --> 01:29:06.720] Hello, Robin.
[01:29:06.720 --> 01:29:07.720] I don't know.
[01:29:07.720 --> 01:29:08.720] Hey, guys.
[01:29:08.720 --> 01:29:09.720] How are you doing?
[01:29:09.720 --> 01:29:13.400] Are you a she, he or she or he?
[01:29:13.400 --> 01:29:17.080] He, both you guys, wait, wait a minute, wait a minute.
[01:29:17.080 --> 01:29:18.080] Let me ask.
[01:29:18.080 --> 01:29:19.080] What's your pronoun?
[01:29:19.080 --> 01:29:20.080] Oh, brother.
[01:29:20.080 --> 01:29:33.040] I don't need to respond to anybody that I actually, anybody that I have that listed.
[01:29:33.040 --> 01:29:34.040] Well, you know what?
[01:29:34.040 --> 01:29:35.040] Let me be quiet.
[01:29:35.040 --> 01:29:36.040] Let me be quiet.
[01:29:36.040 --> 01:29:37.040] Respect to anyone.
[01:29:37.040 --> 01:29:42.040] I'd hit him for you, but I can't reach him.
[01:29:42.040 --> 01:29:43.040] Okay.
[01:29:43.040 --> 01:29:44.040] Hang on.
[01:29:44.040 --> 01:29:47.600] We'll save the pronouns for the other side.
[01:29:47.600 --> 01:29:51.240] This is Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:29:51.240 --> 01:29:56.040] I'm not going to give out the caller number, we've got a full board of callers, but hang
[01:29:56.040 --> 01:29:57.040] on.
[01:29:57.040 --> 01:30:01.640] When another caller drops off the Olympia space, we'll be right back.
[01:30:01.640 --> 01:30:05.520] Sorry, soft drink lovers, even diet drinks can make you fat.
[01:30:05.520 --> 01:30:10.080] A new study shows that diet soda drinkers gain much more weight than people who avoid
[01:30:10.080 --> 01:30:11.080] the stuff.
[01:30:11.080 --> 01:30:14.900] I'm Dr. Catherine Albrecht, and I'll be back in a moment with a scoop on supposedly
[01:30:14.900 --> 01:30:17.160] skinny sodas.
[01:30:17.160 --> 01:30:18.740] Privacy is under attack.
[01:30:18.740 --> 01:30:22.360] When you give up data about yourself, you'll never get it back again.
[01:30:22.360 --> 01:30:27.120] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.120 --> 01:30:32.320] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.320 --> 01:30:34.880] Privacy, it's worth hanging on to.
[01:30:34.880 --> 01:30:39.160] This public service announcement is brought to you by StartPage.com, the private search
[01:30:39.160 --> 01:30:42.720] engine alternative to Google, Yahoo, and Bing.
[01:30:42.720 --> 01:30:46.240] Start over with StartPage.
[01:30:46.240 --> 01:30:50.240] Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:50.240 --> 01:30:51.240] Wrong.
[01:30:51.240 --> 01:30:55.920] Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:55.920 --> 01:31:00.580] They found that regularly drinking diet soda expanded people's waistlines five times
[01:31:00.580 --> 01:31:02.640] more than no soda at all.
[01:31:02.640 --> 01:31:07.440] The study's authors say artificial sweeteners trigger the appetite, but unlike regular sugars,
[01:31:07.440 --> 01:31:09.600] don't deliver anything to squelch it.
[01:31:09.600 --> 01:31:14.120] Waking up hunger without satisfying it leads to cravings, which can result in a larger
[01:31:14.120 --> 01:31:15.960] overall calorie intake.
[01:31:15.960 --> 01:31:20.440] So use natural sweeteners to maintain a healthy weight, and if you need to shed some pounds,
[01:31:20.440 --> 01:31:23.720] avoid the sweet stuff altogether and drink water instead.
[01:31:23.720 --> 01:31:25.680] I'm Dr. Catherine Albrecht.
[01:31:25.680 --> 01:31:30.460] More news and information at CatherineAlbrecht.com.
[01:31:30.460 --> 01:31:35.840] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.840 --> 01:31:38.040] The government says that fire brought it down.
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[01:33:37.040 --> 01:33:46.760] Okay, we are back, Randy Kelvin, Brett Fountain, Rule of Law Radio, and we're talking to Rob
[01:33:46.760 --> 01:33:47.760] in New Jersey.
[01:33:47.760 --> 01:33:51.760] We're going to start calling you Rob in New Jersey, that way we don't get into all these
[01:33:51.760 --> 01:33:52.760] sexist jokes.
[01:33:52.760 --> 01:33:53.760] Oh, wow.
[01:33:53.760 --> 01:34:04.440] Well, first of all, I got to reiterate, you guys are heroes, appreciate what you do.
[01:34:04.440 --> 01:34:11.680] I called before, spoke twice about a case with my honey real estate agent and broker
[01:34:11.680 --> 01:34:17.560] and was selling a house, and the tenants were delinquent.
[01:34:17.560 --> 01:34:25.080] They reneged on her offer to help them buy the house, and to make a long story short,
[01:34:25.080 --> 01:34:33.400] they were evicted or whatever, and a year after the house was sold, she was served with
[01:34:33.400 --> 01:34:40.840] a summons for theft, charged with criminal theft, that originally started with $70,000
[01:34:40.840 --> 01:34:51.800] or something like that, and went down to now $200, and I spoke to you guys about it and
[01:34:51.800 --> 01:34:58.600] did a motion to strike, motion to dismiss, and all that stuff for a frivolous claim.
[01:34:58.600 --> 01:35:04.920] I showed that the guy purged himself in the police report, and then the judge told her
[01:35:04.920 --> 01:35:13.760] to, and we did a counterclaim, counter-complaint, the judge told her to put it on their form.
[01:35:13.760 --> 01:35:24.280] So my question to you guys is, the prosecutor, so our counter-complaint is because that could
[01:35:24.280 --> 01:35:30.120] have jeopardized her real estate license, and you guys told me before that it could
[01:35:30.120 --> 01:35:40.040] have been a case of latches, but it may not be, she did not know about it for the year.
[01:35:40.040 --> 01:35:46.000] So I'm not sure about that, but we had ended the call, but the main question I have right
[01:35:46.000 --> 01:35:56.720] now, before I get back to the latches, is if I'm suing for damages, or the plaintiff
[01:35:56.720 --> 01:36:07.360] is the guy that lied, but the state is the plaintiff on the docket, so my question to
[01:36:07.360 --> 01:36:13.240] you is, yes, we're going to go after that guy, but can we go after the prosecutor too?
[01:36:13.240 --> 01:36:18.960] Because it was very obvious that he lied, and the whole thing made no sense.
[01:36:18.960 --> 01:36:23.960] I'll land there, if you need me to tell you more details, I will.
[01:36:23.960 --> 01:36:31.960] Well, normally you can't sue a prosecutor.
[01:36:31.960 --> 01:36:34.720] They have absolute immunity.
[01:36:34.720 --> 01:36:40.920] However, if they commit aggravated perjury before the court, you can pursue criminal
[01:36:40.920 --> 01:36:43.440] prosecution of them.
[01:36:43.440 --> 01:36:51.080] Yeah, not the prosecutor, it was the actual guy that filed the complaint.
[01:36:51.080 --> 01:36:54.800] It was two police reports and then-
[01:36:54.800 --> 01:36:57.800] Oh, that's different.
[01:36:57.800 --> 01:37:06.280] When you file a complaint, you have the same protections that a judge has, unless you commit
[01:37:06.280 --> 01:37:08.320] aggravated perjury.
[01:37:08.320 --> 01:37:09.320] Right.
[01:37:09.320 --> 01:37:16.640] And not just perjury, perjury is just lying.
[01:37:16.640 --> 01:37:28.240] Here, if he's lying to the court, if you tell a lie about something that doesn't matter,
[01:37:28.240 --> 01:37:33.840] like you tell them that you're younger than you are, or older than you are, if your age
[01:37:33.840 --> 01:37:41.280] is not a relevant part of the issue, then that's not perjury.
[01:37:41.280 --> 01:37:46.880] It's only perjury when you lie about a material fact.
[01:37:46.880 --> 01:37:53.720] So if you file a criminal complaint, and on that criminal complaint, you lie about a material
[01:37:53.720 --> 01:37:56.740] fact, that's aggravated perjury.
[01:37:56.740 --> 01:38:02.780] And while you're generally protected, you're not protected from criminal acts.
[01:38:02.780 --> 01:38:08.880] When you file a criminal complaint, they don't want people going after the people who filed
[01:38:08.880 --> 01:38:12.080] criminal complaints, or nobody will file them.
[01:38:12.080 --> 01:38:17.120] Nobody will give notice of violations of law.
[01:38:17.120 --> 01:38:24.640] But you don't get to commit perjury on them either, so in that case, you can go after
[01:38:24.640 --> 01:38:27.640] them.
[01:38:27.640 --> 01:38:38.280] Okay, not to prosecute, you can't get at him.
[01:38:38.280 --> 01:38:42.760] Now you can't bargain with the prosecutor, and if the prosecutor lied, you can pursue
[01:38:42.760 --> 01:38:50.260] the prosecutor criminally, but you won't get anywhere other than giving him a black-eyed
[01:38:50.260 --> 01:38:58.000] embarrassing him, maybe to the point that he decides not to do that again.
[01:38:58.000 --> 01:39:06.080] Okay, so I apologize for being redundant, because in the counter complaint that we're
[01:39:06.080 --> 01:39:15.520] filling out on the form, I literally have the prosecutor named as a defendant.
[01:39:15.520 --> 01:39:23.240] And we're the plaintiffs, and my thing was that she's wasting the court's time and taxpayer
[01:39:23.240 --> 01:39:28.120] money by trying to pursue a little measly $200.
[01:39:28.120 --> 01:39:35.320] It just looks like they let it sit for a year and trying to scare money for her to just
[01:39:35.320 --> 01:39:44.200] pay $200 to make it go away, but that would stain her real estate license.
[01:39:44.200 --> 01:39:49.000] How big a fight are you willing to have?
[01:39:49.000 --> 01:39:54.240] Are you fighting this just because it's giving you problems and it's an annoyance, or are
[01:39:54.240 --> 01:39:58.040] you fighting this because you want to change things?
[01:39:58.040 --> 01:40:05.400] Well, he did say that it would be a problem for her license.
[01:40:05.400 --> 01:40:06.400] That's for her living.
[01:40:06.400 --> 01:40:12.000] Okay, I thought you were talking about the prosecutor when you mentioned the license.
[01:40:12.000 --> 01:40:14.320] I missed that.
[01:40:14.320 --> 01:40:18.400] Okay, so this is the person they're going after.
[01:40:18.400 --> 01:40:23.160] So now you have a reason to fight this.
[01:40:23.160 --> 01:40:24.560] And that's what I was getting at.
[01:40:24.560 --> 01:40:28.840] Is this a fight you want to have or need to have?
[01:40:28.840 --> 01:40:38.960] Because a lot of times in the Patriot community, we get people who feel so disenfranchised
[01:40:38.960 --> 01:40:42.920] that they want to lash out at the system.
[01:40:42.920 --> 01:40:49.580] And that's not necessarily a problem unless you have another agenda.
[01:40:49.580 --> 01:40:56.640] So before you take on one of these fights, make sure you want to have the fight.
[01:40:56.640 --> 01:41:00.400] And if you do that, then take the gloves off.
[01:41:00.400 --> 01:41:04.900] You might as well go for the throats.
[01:41:04.900 --> 01:41:09.880] It's a lot more fun when you do that.
[01:41:09.880 --> 01:41:12.160] And a lot less intimidating.
[01:41:12.160 --> 01:41:17.960] Okay, where were we, Rob?
[01:41:17.960 --> 01:41:28.840] No, that's, I want to nest on that now because I want to change my counter complaint.
[01:41:28.840 --> 01:41:33.320] And maybe I should just fall back from, I'm going to talk to her and see how she feels
[01:41:33.320 --> 01:41:39.920] about that, but I'm just really offended that the prosecutor would let it sit for a year
[01:41:39.920 --> 01:41:41.920] and pursue this.
[01:41:41.920 --> 01:41:47.560] Well, when you said that, that kind of struck an idea, depending on how hard you want to
[01:41:47.560 --> 01:41:57.560] fight this fight, your federal, regardless of what the state says, you have a constitutional
[01:41:57.560 --> 01:42:01.480] right to a speedy trial.
[01:42:01.480 --> 01:42:08.440] Now in Texas, the speedy trial act has been overturned and all these prosecutors and judges
[01:42:08.440 --> 01:42:17.000] act like the speedy trial right doesn't exist, but it does.
[01:42:17.000 --> 01:42:20.800] So that's one way to go after them.
[01:42:20.800 --> 01:42:23.120] And you can go after them in the federal courts.
[01:42:23.120 --> 01:42:32.040] And if you decide to take it to that bigger fight, then you file a RICO suit against whatever
[01:42:32.040 --> 01:42:44.160] the jurisdiction is, claiming that they are exercising a set of practices that are on
[01:42:44.160 --> 01:42:53.760] their face illegal, but are so well known and well used that they are accepted as if
[01:42:53.760 --> 01:42:57.320] they are actual law.
[01:42:57.320 --> 01:43:05.320] But in the Monell sense, while something may take on the appearance of law, it never takes
[01:43:05.320 --> 01:43:18.360] on the force of law, where a policy, practice and policy, I kind of lost my place there.
[01:43:18.360 --> 01:43:20.360] Where was I going, Brett?
[01:43:20.360 --> 01:43:23.880] I'm not sure yet.
[01:43:23.880 --> 01:43:27.360] Oh, with the prosecutor.
[01:43:27.360 --> 01:43:33.040] Yeah, the recall was in there, the options for pursuing damages.
[01:43:33.040 --> 01:43:45.560] Yeah, if the jurisdiction is routinely denying people a speedy trial, that goes to RICO.
[01:43:45.560 --> 01:43:52.800] And if you do RICO in the federal court, then the prosecutor has no immunity.
[01:43:52.800 --> 01:43:54.400] That's the way to get to it.
[01:43:54.400 --> 01:44:00.520] Hang on, Randy Kelton, Brett Fountain, Root of Law Radio, we'll be right back.
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[01:47:25.560 --> 01:47:29.560] Okay, Robin, it's Randy Kelton from Rule of Law Radio.
[01:47:29.560 --> 01:47:37.560] I'm talking to Robin in New Jersey, and you are talking to us about someone else's issue.
[01:47:37.560 --> 01:47:38.560] Am I getting that right?
[01:47:38.560 --> 01:47:39.560] This is not your issue.
[01:47:39.560 --> 01:47:41.560] This is someone else.
[01:47:41.560 --> 01:47:42.560] Yes.
[01:47:42.560 --> 01:47:43.560] Okay.
[01:47:43.560 --> 01:47:44.560] Definitely.
[01:47:44.560 --> 01:47:50.560] So, it's a lot different when you're talking about a third party.
[01:47:50.560 --> 01:47:56.560] She may or may not want to have this fight.
[01:47:56.560 --> 01:48:01.560] If she doesn't want to have the fight, and this could cost her her license,
[01:48:01.560 --> 01:48:10.560] just go to the prosecutor and offer a deal and take a deal on something that won't affect her license.
[01:48:10.560 --> 01:48:11.560] No, no, no.
[01:48:11.560 --> 01:48:13.560] She wants the smoke.
[01:48:13.560 --> 01:48:14.560] She wants the fight.
[01:48:14.560 --> 01:48:21.560] She's really upset, and I'm surprised how upset she was, or she is.
[01:48:21.560 --> 01:48:28.560] Oh, in that case, sue them in the federal court.
[01:48:28.560 --> 01:48:30.560] Because the guy, the owner, right?
[01:48:30.560 --> 01:48:31.560] Yeah, give her some brass knuckles.
[01:48:31.560 --> 01:48:33.560] He lost a lot of people.
[01:48:33.560 --> 01:48:36.560] Yeah.
[01:48:36.560 --> 01:48:42.560] And are you familiar with our Telegram channel?
[01:48:42.560 --> 01:48:44.560] Absolutely.
[01:48:44.560 --> 01:48:52.560] Then look on there and pull my lawsuit down, this $485 million lawsuit.
[01:48:52.560 --> 01:48:55.560] Go through it.
[01:48:55.560 --> 01:49:01.560] It's written for Texas, but the primary issue is for FEDS.
[01:49:01.560 --> 01:49:05.560] We're accusing them of an ongoing criminal enterprise,
[01:49:05.560 --> 01:49:16.560] and part of the accusation is that they conspired one with the other to deny the citizens state of Texas in a speedy trial right.
[01:49:16.560 --> 01:49:22.560] And I speak to how the Speedy Trial Act has been overturned,
[01:49:22.560 --> 01:49:32.560] but the constitutional guarantee of a speedy trial has not been overturned.
[01:49:32.560 --> 01:49:40.560] And that the prosecutor and the courts, and all the prosecutors and the courts,
[01:49:40.560 --> 01:49:48.560] have conspired one with the other to deny citizens in their right to a speedy trial.
[01:49:48.560 --> 01:49:55.560] And in the process of doing this, they improperly arrested people.
[01:49:55.560 --> 01:50:04.560] They acted in violation of Gernstein Pew by holding fake hearings
[01:50:04.560 --> 01:50:11.560] and ordering people to come in for this hearing when no hearing was intended to be had.
[01:50:11.560 --> 01:50:13.560] They just wanted to ask the person to take a deal,
[01:50:13.560 --> 01:50:19.560] and it's really just to punish them until they finally give up and take a deal.
[01:50:19.560 --> 01:50:25.560] And then when they take the deal, they pay money to the court.
[01:50:25.560 --> 01:50:29.560] This is an ongoing criminal enterprise.
[01:50:29.560 --> 01:50:36.560] And they are violating laws. Look up Ex Parte Young.
[01:50:36.560 --> 01:50:45.560] What is it, Brett? 269.123, 209.123.
[01:50:45.560 --> 01:50:52.560] Something one, two, three. Yeah, 209 U.S. 123.
[01:50:52.560 --> 01:51:03.560] And it says that the state cannot immunize its public officials against suits in the federal court,
[01:51:03.560 --> 01:51:08.560] because that would violate the Supremacy Clause.
[01:51:08.560 --> 01:51:13.560] Yeah, it's 209 U.S. 123. Ex Parte Young.
[01:51:13.560 --> 01:51:17.560] It says they can't indemnify them.
[01:51:17.560 --> 01:51:29.560] So their immunity does not extend to this Fed when you've accused them in the Fed of violating law,
[01:51:29.560 --> 01:51:31.560] of violating a federal law.
[01:51:31.560 --> 01:51:38.560] And the federal law is that they conspired to deny due process.
[01:51:38.560 --> 01:51:46.560] That gets you in the federal court, and it really, really gets their attention.
[01:51:46.560 --> 01:51:51.560] So talk to her. See if she's interested in taking these guys on in the Fed.
[01:51:51.560 --> 01:51:59.560] The Fed is a whole lot easier than the state. Really? Really? OK.
[01:51:59.560 --> 01:52:05.560] They're much more civil. They treat you with more dignity and respect,
[01:52:05.560 --> 01:52:12.560] and they tell you what's wrong with your pleadings.
[01:52:12.560 --> 01:52:17.560] If she really wants to have this fight, that's the way to do it.
[01:52:17.560 --> 01:52:26.560] What's the best place to research federal lawsuits? Are you going to tell me Google?
[01:52:26.560 --> 01:52:38.560] Yeah, no. Well, I do all my research on Google, but send me an email and I will send you the lawsuit I filed.
[01:52:38.560 --> 01:52:43.560] What you want to look at is read other people's lawsuits,
[01:52:43.560 --> 01:52:51.560] especially lawsuits that are similar to yours in some way, and especially lawsuits that won.
[01:52:51.560 --> 01:53:02.560] When you start reading a bunch of lawsuits, you'll see, you'll just start to think in those terms and be able to write in those terms.
[01:53:02.560 --> 01:53:05.560] All right. I want to get it done.
[01:53:05.560 --> 01:53:13.560] And I'm going to read your lawsuit because I want to get back to you guys about that.
[01:53:13.560 --> 01:53:25.560] The statute of limitations for the COVID mandate and they mailed my honey a ticket in the mail with her Social Security number on it.
[01:53:25.560 --> 01:53:38.560] I never followed up on that yet, but your case sounds similar because while we were on the call, I just heard a lot of people just acquiesce into the charge.
[01:53:38.560 --> 01:53:43.560] The cop allegedly barked at everybody to leave because of COVID.
[01:53:43.560 --> 01:53:49.560] And then he just started ticketing cars and she wasn't even out there.
[01:53:49.560 --> 01:53:55.560] But anyway, to make a long story short, we witnessed a lot of people go down for that nonsense.
[01:53:55.560 --> 01:53:59.560] And you suggested to do a private attorney general suit.
[01:53:59.560 --> 01:54:05.560] And so I want to look into that and get back to you guys. I want to land there because I'm on a phone line.
[01:54:05.560 --> 01:54:09.560] Thank you so much. Bless you guys, man. Thanks again.
[01:54:09.560 --> 01:54:13.560] Okay, well, good luck.
[01:54:13.560 --> 01:54:15.560] Appreciate you. Talk to you soon.
[01:54:15.560 --> 01:54:23.560] Okay, thank you. Okay, now we're going to go to Teresa in California.
[01:54:23.560 --> 01:54:24.560] Hello, Teresa.
[01:54:24.560 --> 01:54:25.560] Hi, Randy.
[01:54:25.560 --> 01:54:27.560] Hey there.
[01:54:27.560 --> 01:54:40.560] Yes, so I am back for round two with more questions regarding another 12b6 that my opponents uploaded to the case.
[01:54:40.560 --> 01:54:46.560] Wait, hold on. Another 12b6? Another?
[01:54:46.560 --> 01:55:04.560] Yes, because I am battling two firms and I hadn't seen the other 12b6. So I have two 12b6s to write an opposition to and a motion to strike.
[01:55:04.560 --> 01:55:05.560] Okay, hold on.
[01:55:05.560 --> 01:55:15.560] So you're the plaintiff and then you've got two different defendants and they're responding separately?
[01:55:15.560 --> 01:55:17.560] Correct.
[01:55:17.560 --> 01:55:20.560] Did they respond timely?
[01:55:20.560 --> 01:55:23.560] Yes.
[01:55:23.560 --> 01:55:24.560] Okay.
[01:55:24.560 --> 01:55:29.560] They both hit the deadline.
[01:55:29.560 --> 01:55:37.560] Okay, what was the nature of their, did they file a b1 as well or just b6?
[01:55:37.560 --> 01:55:51.560] No, just a 12b6 and I was going to ask you guys about that because your caller earlier, that is the first time that I've heard that they have to file a 12b1 first.
[01:55:51.560 --> 01:55:53.560] No, they don't have to file a 12b1.
[01:55:53.560 --> 01:55:55.560] Not exactly.
[01:55:55.560 --> 01:56:01.560] You don't have to file a 12b1 first. A 12b1 has to be heard first.
[01:56:01.560 --> 01:56:13.560] Yeah, if both 12b1 and something else are before the court, then the court needs to address the 12b1 before addressing the other stuff.
[01:56:13.560 --> 01:56:17.560] And that's because it's jurisdictional.
[01:56:17.560 --> 01:56:23.560] Okay, the only ones that they filed against me are 12b6s.
[01:56:23.560 --> 01:56:26.560] Okay, what did they allege?
[01:56:26.560 --> 01:56:36.560] Okay, so in the first complaint that I submitted, I had 20 claims or causes of action.
[01:56:36.560 --> 01:56:50.560] And what the judge wrote in his order was, Bacola may not add additional parties or claims in her amended complaint without leave to do so by the court.
[01:56:50.560 --> 01:57:00.560] Now, what I did from the first complaint to the amended complaint is that I went from 20 causes of action to 10.
[01:57:00.560 --> 01:57:26.560] However, what I did do was change the titles or the nature of the claims. And I am not sure if I have violated the order of the court, because I thought when he wrote new claims that it would mean 21 or 22 claims.
[01:57:26.560 --> 01:57:33.560] But it went down to 10. So did I violate the order or did I follow the order?
[01:57:33.560 --> 01:57:40.560] I'm not sure. Did the judge tell you you couldn't file any new claims?
[01:57:40.560 --> 01:57:45.560] He said, well, it's what I just read you. So let me see if I can find it again.
[01:57:45.560 --> 01:57:55.560] Okay, Bacola may not add additional parties or claims in her amended complaint without grant of leave to do so by the court.
[01:57:55.560 --> 01:58:00.560] Oh, okay.
[01:58:00.560 --> 01:58:08.560] That's easy enough. Did you just, did you consolidate the claims?
[01:58:08.560 --> 01:58:19.560] Yes, like I said, I, what do you call it, dropped the number of claims. So I had 20 and I streamlined them down to 10.
[01:58:19.560 --> 01:58:25.560] Okay, the judge is not going to have a problem with that because it just made the judge's life a whole lot easier.
[01:58:25.560 --> 01:58:32.560] Hang on. We'll pick this up on the other side. Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:58:32.560 --> 01:58:40.560] We've got one empty slot on the board in two hours. So if you have a question or comment, give us a call.
[01:58:40.560 --> 01:58:50.560] Our call in number 512-646-1984. We'll be right back.
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