ROL_2023-09-22_16k_Hr1-2.timecode
[00:00.000 --> 00:05.320] The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.320 --> 00:09.360] They guarantee the specific freedoms Americans should know and protect.
[00:09.360 --> 00:10.840] Our liberty depends on it.
[00:10.840 --> 00:14.760] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.760 --> 00:16.860] your First Amendment rights.
[00:16.860 --> 00:18.460] Privacy is under attack.
[00:18.460 --> 00:22.060] When you give up data about yourself, you'll never get it back again.
[00:22.060 --> 00:26.840] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.840 --> 00:32.000] 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 --> 00:42.440] engine alternative to Google, Yahoo, and Bing.
[00:42.440 --> 00:44.880] Start over with StartPage.
[00:44.880 --> 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] Spar with an extra P. S for speech, P for press, another P for petition, A for assembly,
[01:01.520 --> 01:02.880] and R for religion.
[01:02.880 --> 01:07.000] Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.000 --> 01:08.480] assembly, and religion.
[01:08.480 --> 01:10.800] 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 --> 01:38.160] They guarantee the specific freedoms Americans should know and protect.
[01:38.160 --> 01:39.640] Our liberty depends on it.
[01:39.640 --> 01:43.560] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.560 --> 01:46.680] one of your constitutional rights.
[01:46.680 --> 01:48.280] Privacy is under attack.
[01:48.280 --> 01:51.880] When you give up data about yourself, you'll never get it back again.
[01:51.880 --> 01:56.640] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.640 --> 02:01.680] So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.680 --> 02:04.400] Privacy, it's worth hanging on to.
[02:04.400 --> 02:08.680] This public service announcement is brought to you by StartPage.com, the private search
[02:08.680 --> 02:12.240] engine alternative to Google, Yahoo, and Bing.
[02:12.240 --> 02:14.320] Start over with StartPage.
[02:14.320 --> 02:20.160] When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.160 --> 02:22.240] of Rights in a big old bear hug.
[02:22.240 --> 02:26.720] It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.720 --> 02:30.600] that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.600 --> 02:31.600] Get it?
[02:31.600 --> 02:32.600] Two arms?
[02:32.600 --> 02:33.600] Bear hug?
[02:33.600 --> 02:34.600] Bear arms?
[02:34.600 --> 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 --> 02:43.680] The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.680 --> 02:48.760] one more safeguard against the tyranny which now appears remote in America, but which historically
[02:48.760 --> 02:50.520] has proved to always be possible.
[02:50.520 --> 02:52.400] I'm Dr. Catherine Albrecht.
[02:52.400 --> 03:22.360] More news and information at CatherineAlbrecht.com.
[03:22.400 --> 03:33.280] Okay, howdy, howdy.
[03:33.280 --> 03:37.880] Randy Kelton, maybe Brett Fountain, he's not here at the moment.
[03:37.880 --> 03:39.760] He may be running late.
[03:39.760 --> 03:51.640] Rule of Law Radio on this Friday, the 22nd day of September, 2023, the year is slipping
[03:51.640 --> 03:56.040] past quickly, but good things are happening.
[03:56.040 --> 04:02.680] You know, I've been telling about this suit that I filed against the feds.
[04:02.680 --> 04:13.400] I've been researching and working to change practices and policies for some, almost 40
[04:13.400 --> 04:20.640] years now, and I've tried just about everything.
[04:20.640 --> 04:22.480] And I haven't made much progress.
[04:22.480 --> 04:34.720] So a while back, I was looking at some of these First Amendment audits.
[04:34.720 --> 04:41.400] And this guy in Colorado Springs was videotaping the Colorado Springs police departments.
[04:41.400 --> 04:46.680] The police come out, give him a hard time, arrested him, held him for six hours and then
[04:46.680 --> 04:48.980] released him.
[04:48.980 --> 04:54.620] So he got a lawyer and sued him, sued him for $40,000.
[04:54.620 --> 04:59.480] It took some either two or three months and they settled for 20,000.
[04:59.480 --> 05:04.460] Well, that was kind of a revelation.
[05:04.460 --> 05:08.760] And I had myself an epiphany.
[05:08.760 --> 05:16.060] So far, filing criminal charges against him and just being a major pain in the rear has
[05:16.060 --> 05:21.540] done little to change behaviors.
[05:21.540 --> 05:25.320] So I decided to try suing him.
[05:25.320 --> 05:37.920] I sued a justice of the peace in Victoria County because he didn't issue a warrant
[05:37.920 --> 05:41.320] when I gave him some criminal complaints.
[05:41.320 --> 05:46.040] And when he showed up in court, we went before county court, I sued him in an amount that
[05:46.040 --> 05:53.720] would put me in front of the county court, he had himself a whole different attitude.
[05:53.720 --> 05:58.000] And that kind of got my attention.
[05:58.000 --> 06:05.240] So I am in the process of switching directions.
[06:05.240 --> 06:15.160] Now what I'm doing is going to these jurisdictions, jurisdictions, there we go, my tongue got
[06:15.160 --> 06:24.560] tangled and getting them to give me a claim I can use to sue them with.
[06:24.560 --> 06:33.960] And in researching this, it turns out that I can sue them for just about anything.
[06:33.960 --> 06:42.200] Doesn't even matter if I can win because I can beat them up and really get their attention.
[06:42.200 --> 06:54.600] And what I found out in suing public officials, it is so much fun.
[06:54.600 --> 06:59.640] And these guys are such putzes.
[06:59.640 --> 07:11.960] I started out by taking my 30, 40 years of research and I boiled it down into a brief
[07:11.960 --> 07:17.080] on procedural due process.
[07:17.080 --> 07:24.400] This is what the law says public officials must do.
[07:24.400 --> 07:27.520] And I walked through the whole code.
[07:27.520 --> 07:33.240] The whole code, now when you talk to these guys, they'll look at one code in isolation,
[07:33.240 --> 07:40.200] not look at all the rest, and they'll pick codes in isolation so they can appear to justify
[07:40.200 --> 07:43.360] whatever they want to do.
[07:43.360 --> 07:45.480] And I struggled with that so long.
[07:45.480 --> 07:51.560] It was almost as bad as dealing with the patriot mythologists.
[07:51.560 --> 07:59.400] These public officials, prosecutors and judges, they had no idea what they were doing.
[07:59.400 --> 08:07.200] And trying to get them to understand what was right and what was wrong turned out to
[08:07.200 --> 08:10.040] be simply a waste of time.
[08:10.040 --> 08:12.800] They didn't care.
[08:12.800 --> 08:21.440] They had a job and they were going to do their job and they had the state training on how
[08:21.440 --> 08:23.960] to do their job.
[08:23.960 --> 08:28.680] And they were going to do the job the way the state trained them to using the practices
[08:28.680 --> 08:33.600] and procedures that everybody accepted and worked with.
[08:33.600 --> 08:37.560] It didn't matter how illegal it was.
[08:37.560 --> 08:45.280] And these were otherwise well-meaning public officials, but they wound up in a state of
[08:45.280 --> 08:47.360] cognitive dissonance.
[08:47.360 --> 08:58.960] They didn't hear or wouldn't hear what didn't suit their primary purpose or didn't suit
[08:58.960 --> 09:00.720] their training.
[09:00.720 --> 09:03.360] They couldn't hear that the state had trained them wrong.
[09:03.360 --> 09:06.760] That was not something they could wrap their head around.
[09:06.760 --> 09:12.160] And I couldn't get their heads wrapped around it no matter how clear the code was, I showed
[09:12.160 --> 09:13.160] them.
[09:13.160 --> 09:14.160] So I sued them.
[09:14.160 --> 09:19.360] I sued all the highest judges in Texas and sued the directors of a whole bunch of agencies
[09:19.360 --> 09:29.080] and the district attorney of Travis County and various and some other officials and individuals.
[09:29.080 --> 09:39.200] And then the attorney general's office stepped in for all these public officials and except
[09:39.200 --> 09:44.000] for the city of Sunset Valley and the district attorney.
[09:44.000 --> 09:52.160] All the rest of them, the attorney general stepped in for and filed this Rule 12-B-1
[09:52.160 --> 09:54.120] and 6 motion to dismiss.
[09:54.120 --> 10:00.960] Well, the 12-B-6 portion of it, they essentially didn't address anything.
[10:00.960 --> 10:04.600] They just said, oh, it's all horse manure.
[10:04.600 --> 10:13.480] They didn't, I got 150 pages of chapter and verse detail and they didn't address any of
[10:13.480 --> 10:14.480] it.
[10:14.480 --> 10:18.080] They just, the blanket statements all nonsense and frivolous.
[10:18.080 --> 10:27.520] 12-B-1, 12-B-1 goes to subject matter jurisdiction, goes to immunity, and it must be pled before
[10:27.520 --> 10:30.440] 12-B-6.
[10:30.440 --> 10:39.960] So they pled immunity without regard to the fact that I very carefully wrote this suit
[10:39.960 --> 10:43.840] to get around their immunity.
[10:43.840 --> 10:52.320] I demonstrated with chapter and verse how the state was forbidden to immunize a public
[10:52.320 --> 11:01.240] official from allegations of violation of federal law, absolutely forbids it.
[11:01.240 --> 11:06.240] But they argued they had it anyway, so it was frivolous.
[11:06.240 --> 11:16.120] Their Rule 12-B motion was trash to the point that I bar-grieved them for filing such a
[11:16.120 --> 11:18.520] piece of trash.
[11:18.520 --> 11:27.960] Now, you would think that these lawyers are pretty smart, they've got a doctorate degree
[11:27.960 --> 11:34.600] after all, a doctorate degree in jurisprudence.
[11:34.600 --> 11:39.080] You would think they're really smart, and they may be.
[11:39.080 --> 11:50.440] But it turns out the practice of law is pretty regulated, regulated is not the word, regimented
[11:50.440 --> 11:54.200] is the word I'm looking for.
[11:54.200 --> 12:00.960] Everybody does it the same way because that's what the judges want you to do, that's what
[12:00.960 --> 12:06.480] they're used to, if you do something different than what they want you to do or what they're
[12:06.480 --> 12:12.600] used to you doing, they're not gonna be very happy with you.
[12:12.600 --> 12:18.880] And if they're not happy with you, they can screw your next client to get back at you.
[12:18.880 --> 12:28.360] So these lawyers are not inclined to do anything that the judges don't want them to do.
[12:28.360 --> 12:32.640] So they all do the same worthless trash.
[12:32.640 --> 12:40.720] They take a client's money in the form of a retainer, and then they file these standard
[12:40.720 --> 12:42.520] motions back and forth.
[12:42.520 --> 12:49.000] And once they use up the retainer, they bail and you have to try to hire somebody else.
[12:49.000 --> 12:53.360] And half the time you can't get somebody else because they would actually have to do their
[12:53.360 --> 13:01.520] job and it's not as profitable doing their job as it is just filing standard motions.
[13:01.520 --> 13:03.720] So that's how it actually works.
[13:03.720 --> 13:12.720] The way to get around that is sue them, and you can sue them for almost anything.
[13:12.720 --> 13:20.720] These guys suck so bad at their job that there is not a single prosecution in the state of
[13:20.720 --> 13:24.880] Texas for which you cannot sue the state.
[13:24.880 --> 13:32.880] You do everything wrong, but you're suing the state of Texas.
[13:32.880 --> 13:41.520] And you would think that when you sue the state of Texas, you run into a steamroller.
[13:41.520 --> 13:44.800] Well that is not what happened.
[13:44.800 --> 13:52.840] I sued the state of Texas, and because I was expecting to run into a steamroller, I spent
[13:52.840 --> 14:02.480] a long time crafting a really well-structured piece of litigation.
[14:02.480 --> 14:09.600] Expecting to get some really well-structured responses from smart lawyers because I sued
[14:09.600 --> 14:15.960] all the highest officials in Texas, I figured I'd get the best of the best.
[14:15.960 --> 14:20.440] What I got was crap.
[14:20.440 --> 14:24.120] I was astounded at how bad it was.
[14:24.120 --> 14:33.800] Point is, you guys think if you try to sue someone, especially a public official, that
[14:33.800 --> 14:35.680] they're going to throw everything they got at you.
[14:35.680 --> 14:41.320] The only one that does that are the municipal courts.
[14:41.320 --> 14:48.200] The municipal courts are travesty, and they treat everybody absolutely with total disregard
[14:48.200 --> 14:56.120] because it's really not worth the fight to take them on for three, four hundred bucks.
[14:56.120 --> 15:01.900] So they go through millions of cases every year and screw everybody, and your only experience
[15:01.900 --> 15:07.320] is in a municipal court, for the most part.
[15:07.320 --> 15:14.760] But I can tell you from experience, when you are the plaintiff and you sue them in the
[15:14.760 --> 15:19.000] higher courts, he is a whole different animal.
[15:19.000 --> 15:28.000] And when I say that you as a citizen in a republic are the most, or is the most powerful
[15:28.000 --> 15:33.320] person in the building, it is born out.
[15:33.320 --> 15:42.080] I've spent today answering an objection to my motion to strike their pleadings.
[15:42.080 --> 15:49.120] The attorney general of the state of Texas responded for all of the judges of the Court
[15:49.120 --> 15:57.320] of Criminal Appeals, highest criminal court in Texas, and he cited two cases in support
[15:57.320 --> 16:03.800] of his position, neither one of them were published.
[16:03.800 --> 16:10.440] You can't cite unpublished cases, duh, or you can, but they don't mean anything.
[16:10.440 --> 16:15.300] They have no presidential value.
[16:15.300 --> 16:22.740] Of all the hundreds and thousands of cases in Texas, all he could find to support his
[16:22.740 --> 16:31.120] position were two district court rulings, that's insane.
[16:31.120 --> 16:41.720] It's absolutely ludicrous, and I'm looking at a default judgment on a $485 million lawsuit.
[16:41.720 --> 16:42.720] This is nuts.
[16:42.720 --> 16:46.340] Point is, let's fight these guys.
[16:46.340 --> 16:50.080] This is so much fun, you won't believe it.
[16:50.080 --> 16:55.520] Randy Kelton, Brett Fountain, Rule of Law Radio, call in lines open, call in number
[16:55.520 --> 17:00.080] 512-646-1984, we're right back.
[17:00.080 --> 17:04.720] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[17:33.600 --> 17:38.720] The Michael Mears proven method is the solution for how to stop debt collectors.
[17:38.720 --> 17:40.680] Personal consultation is available as well.
[17:40.680 --> 17:46.400] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[17:46.400 --> 17:49.320] or email michaelmears at yahoo.com.
[17:49.320 --> 17:58.440] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[17:58.440 --> 18:01.440] collectors now.
[18:01.440 --> 18:04.480] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[18:04.480 --> 18:08.280] In today's America, we live in an us-against-them society, and if we, the people, are ever going
[18:08.280 --> 18:11.920] to have a free society, then we're going to have to stand and defend our own rights.
[18:11.920 --> 18:15.440] Among those rights are the right to travel freely from place to place, the right to act
[18:15.440 --> 18:19.160] in our own private capacity, and most importantly, the right to due process of law.
[18:19.160 --> 18:23.320] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[18:23.320 --> 18:24.680] our rights through due process.
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[19:09.160 --> 19:35.720] Okay, we are back.
[19:35.720 --> 19:50.840] We're going to go to Wayne or something, 605 error code, Wayne.
[19:50.840 --> 19:51.840] Yes, that's it.
[19:51.840 --> 19:52.840] Is that Wayne or Grace?
[19:52.840 --> 20:03.960] Yeah, I remember Grace a long time ago, she did really good, Randy, she went out and she
[20:03.960 --> 20:08.640] went and fought CPS, got her a decent lawyer, and she won.
[20:08.640 --> 20:14.680] They set a precedent, so you helped us early on, so I wanted to thank you for that.
[20:14.680 --> 20:16.680] You are most welcome.
[20:16.680 --> 20:19.680] I'm glad to hear she won one.
[20:19.680 --> 20:26.400] Tell her that she owes us, she has a duty to come on the show and crow like a banny
[20:26.400 --> 20:27.400] rooster.
[20:27.400 --> 20:32.080] Oh, she's still taking it to her husband, she's divorcing him.
[20:32.080 --> 20:37.120] She's taking on his lawyer, she's been schooling his lawyer, so I'll have to remind her to
[20:37.120 --> 20:39.120] give you a call.
[20:39.120 --> 20:40.880] Good, good.
[20:40.880 --> 20:42.880] Everybody gets crowing rights.
[20:42.880 --> 20:43.880] Absolutely.
[20:43.880 --> 20:44.880] Absolutely.
[20:44.880 --> 20:47.880] Okay, what do you have for us today?
[20:47.880 --> 20:53.840] So, Randy, the other day I shot you an email telling you about my situation with a well
[20:53.840 --> 20:54.840] I have.
[20:54.840 --> 20:59.280] Now, this is going to sound a little weird, but that's just the way it is, sometimes life
[20:59.280 --> 21:00.280] is weird.
[21:00.280 --> 21:10.040] So, I'm of the belief that God told me to drill a well on my property, I'm like, okay.
[21:10.040 --> 21:18.240] When God tells you something, you think you might have gone off the cliff a little bit.
[21:18.240 --> 21:23.720] So my wife, she's always keeping me in check, so I said, well, let's get someone out here
[21:23.720 --> 21:27.880] and see if there is a well on our property that's called primary water.
[21:27.880 --> 21:31.920] I don't know if you know what that is, but it's water that percolates up from the deep
[21:31.920 --> 21:34.120] instead of down from the sky.
[21:34.120 --> 21:37.240] Right, you're talking about aquifer.
[21:37.240 --> 21:42.720] We'll just call it primary water, because that's what they call it.
[21:42.720 --> 21:49.120] So anyhow, we brought up this expert and he did a gamma study and a seismic study, and
[21:49.120 --> 21:53.920] gamma radiation will be absorbed by water, and sure enough, there was a water shaft in
[21:53.920 --> 22:01.760] our property, 2,700 feet and running, I mean, it's just deeper than we could measure and
[22:01.760 --> 22:04.760] you pick it up about 600 feet below the surface.
[22:04.760 --> 22:10.360] The only problem is it's too close to my neighbor's septic field, and it's too close to the property
[22:10.360 --> 22:11.360] line.
[22:11.360 --> 22:13.640] So normally those things are 50 feet away.
[22:13.640 --> 22:15.120] The water is 600 feet below the surface.
[22:15.120 --> 22:17.600] Is that a pre-existing well?
[22:17.600 --> 22:18.600] No.
[22:18.600 --> 22:26.000] The water we found, you do something, you just kind of do it, right?
[22:26.000 --> 22:33.920] Is he saying this water is only in one generalized specific location?
[22:33.920 --> 22:42.040] The characteristics of this water, it's not your typical aquifer.
[22:42.040 --> 22:48.160] So if you look up the whole principle of primary water, not that anyone's ever lied to us before
[22:48.160 --> 22:55.000] about how things are, but water can come from an underground source and it's good clean
[22:55.000 --> 22:56.000] spring water.
[22:56.000 --> 22:58.560] Kind of like, remember with the hot springs?
[22:58.560 --> 22:59.560] Yeah.
[22:59.560 --> 23:01.040] It would come from an aquifer.
[23:01.040 --> 23:03.240] That would be the source of it.
[23:03.240 --> 23:09.240] Water percolates through the ground way upstream from you and percolates through the porous
[23:09.240 --> 23:15.560] rock and then it runs down the porous rock toward lower elevation.
[23:15.560 --> 23:16.560] That's an aquifer.
[23:16.560 --> 23:18.560] Okay.
[23:18.560 --> 23:25.560] So anywho, this particular shaft, I'm acting by faith trying to put it where God wants
[23:25.560 --> 23:31.440] me to put it, but the water district says, well, you can't do that because we got rules.
[23:31.440 --> 23:39.520] And I'm like, yeah, and I'm going to respectfully disagree with the combination of a definition
[23:39.520 --> 23:40.520] aquifer.
[23:40.520 --> 23:47.160] Well, before you disagree with them, you might look at getting a study that would show that
[23:47.160 --> 23:54.960] this would not be dangerous or harmful and petition for a variance.
[23:54.960 --> 23:58.080] That's what I've done.
[23:58.080 --> 24:01.360] And they're saying no.
[24:01.360 --> 24:02.840] They're not even considering it.
[24:02.840 --> 24:05.220] They're not even having a conversation.
[24:05.220 --> 24:07.280] They're not given a reason or rationale.
[24:07.280 --> 24:10.400] They're just saying no.
[24:10.400 --> 24:14.280] So it's my standpoint.
[24:14.280 --> 24:17.800] So wait a minute.
[24:17.800 --> 24:22.200] Are you in a homeowners association?
[24:22.200 --> 24:26.040] No, I'm in Ellis County.
[24:26.040 --> 24:28.680] I'm out here in Ovila.
[24:28.680 --> 24:31.480] Oh, you're in Texas.
[24:31.480 --> 24:33.280] Yes, sir.
[24:33.280 --> 24:35.000] Oh, interesting.
[24:35.000 --> 24:38.800] And are they basing this on their ordinances?
[24:38.800 --> 24:44.440] Yes, sir.
[24:44.440 --> 24:45.440] They got a problem.
[24:45.440 --> 24:46.440] Well, wait a minute.
[24:46.440 --> 24:47.440] Let me back it up.
[24:47.440 --> 24:48.440] The state law.
[24:48.440 --> 24:54.080] This is a law that goes under the recreation, parks and recreation.
[24:54.080 --> 24:57.080] Yeah.
[24:57.080 --> 25:05.760] Did they adopt the parks and recreation law into city ordinance or is this state law?
[25:05.760 --> 25:11.960] No, this is a groundwater district.
[25:11.960 --> 25:13.920] A state groundwater district?
[25:13.920 --> 25:14.920] County.
[25:14.920 --> 25:15.920] County.
[25:15.920 --> 25:16.920] Okay.
[25:16.920 --> 25:27.800] Here's a problem that they have is the legislature, I'm sorry, the constitution authorized the
[25:27.800 --> 25:32.120] legislature to write law.
[25:32.120 --> 25:38.560] And they authorized the legislature to create courts as they need them, including municipal
[25:38.560 --> 25:40.400] courts.
[25:40.400 --> 25:52.360] And the legislature passed law authorizing municipalities or municipal corporations and
[25:52.360 --> 26:02.400] city corporations to issue ordinances, to pass ordinances.
[26:02.400 --> 26:08.760] Now they didn't call them ordinances by mistake.
[26:08.760 --> 26:13.200] They had a real good reason for calling them ordinances.
[26:13.200 --> 26:19.080] And the reason they have to call them ordinances is they cannot be called laws as only the
[26:19.080 --> 26:22.720] legislature can pass laws.
[26:22.720 --> 26:29.960] And municipal corporations and county corporations were authorized to pass ordinances.
[26:29.960 --> 26:43.080] However, those ordinances can only apply to someone who is an employee of the corporation
[26:43.080 --> 26:50.920] or who is in contractual privity with the corporation wherein they have agreed to abide
[26:50.920 --> 26:54.280] by the statutory scheme.
[26:54.280 --> 27:04.000] If they attempt to apply the law to the public in general, I'm sorry, if they attempt to
[27:04.000 --> 27:12.640] apply the ordinance to the public in general, then that has the effect of a law.
[27:12.640 --> 27:17.360] And that would be an unconstitutional application of the ordinance.
[27:17.360 --> 27:33.360] I helped a friend file a petition for writ of mandamus in the appellate court.
[27:33.360 --> 27:38.640] And petitions for writ of mandamus are accepted 12% of the time.
[27:38.640 --> 27:42.920] They accepted our mandamus and I made this argument.
[27:42.920 --> 27:47.720] They are ruled in favor of the filer 2% of the time.
[27:47.720 --> 27:50.240] They ruled in our favor.
[27:50.240 --> 27:57.560] However, they did not rule on the issue that we brought.
[27:57.560 --> 28:06.760] What they did was went into the codes and found that there was a hearing held to determine
[28:06.760 --> 28:15.000] whether or not these vehicles that were vehicles in question, a guy owned an auto repair shop
[28:15.000 --> 28:24.520] and he had some vehicles that he was waiting for parts on, and the city manager got upset
[28:24.520 --> 28:26.600] at him and was trying to harass him.
[28:26.600 --> 28:28.520] So he called them all junk.
[28:28.520 --> 28:30.680] Well, they wanted to have a hearing.
[28:30.680 --> 28:36.460] The prosecutor offered to have a hearing to determine whether or not these met the requirements
[28:36.460 --> 28:40.360] of junk vehicles, and he agreed to that.
[28:40.360 --> 28:45.280] And went into a hearing and instead of determining whether or not they were junk, they had a
[28:45.280 --> 28:55.960] trial before three citizens selected from the community, not a municipal judge.
[28:55.960 --> 28:57.360] And they ruled against him.
[28:57.360 --> 29:03.560] Well, what the appellate court said was in the rules before you can have this kind of
[29:03.560 --> 29:09.840] hearing, the city council must meet and vote on whether or not they can have this kind
[29:09.840 --> 29:13.280] of hearing, and the city council never did that.
[29:13.280 --> 29:19.680] So, since the city council never had this kind of hearing, that hearing was improper
[29:19.680 --> 29:25.040] and the trial court does not have subject matter jurisdiction.
[29:25.040 --> 29:30.040] I've read this and said, what in the heck is going on?
[29:30.040 --> 29:34.920] We didn't bring that issue before the court.
[29:34.920 --> 29:37.600] The court went and found it.
[29:37.600 --> 29:44.700] The reason they went and found it is so they could give us a ruling in our favor, but not
[29:44.700 --> 29:47.840] on the issue we brought.
[29:47.840 --> 29:53.120] That way we don't get to appeal, and the other side wouldn't dare appeal.
[29:53.120 --> 30:02.520] Hang on, Randy Kelton, Brett Fountain with the Radio, we'll be right back.
[30:02.520 --> 30:06.120] It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.120 --> 30:07.120] affected our health?
[30:07.120 --> 30:11.280] I'm Dr. Catherine Albrecht, and I'll be back in just a moment with new findings about how
[30:11.280 --> 30:15.600] cell phones may actually alter our brain chemistry.
[30:15.600 --> 30:17.200] Privacy is under attack.
[30:17.200 --> 30:20.800] When you give up data about yourself, you'll never get it back again.
[30:20.800 --> 30:25.560] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.560 --> 30:30.600] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.600 --> 30:33.320] Privacy, it's worth hanging on to.
[30:33.320 --> 30:37.600] This public service announcement is brought to you by StartPage.com, the private search
[30:37.600 --> 30:41.160] engine alternative to Google, Yahoo, and Bing.
[30:41.160 --> 30:44.960] Start over with StartPage.
[30:44.960 --> 30:49.200] Cell phones emit radio frequency energy, it's a fact, but whether it's dangerous to have
[30:49.200 --> 30:52.440] a phone beaming this kind of radiation near your head has been disputed.
[30:52.440 --> 30:57.080] Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.080 --> 31:01.480] Well, now the Journal of the American Medical Association is confirming that cell phones
[31:01.480 --> 31:03.080] affect brain chemistry.
[31:03.080 --> 31:08.120] The study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.120 --> 31:11.800] to the cell phone antenna increases when the cell phone is on.
[31:11.800 --> 31:16.080] While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:16.080 --> 31:17.080] chances.
[31:17.080 --> 31:20.120] I keep the phone far from my body, and I use a corded headset.
[31:20.120 --> 31:30.440] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:30.440 --> 31:31.440] I lost my son.
[31:31.440 --> 31:32.440] My nephew.
[31:32.440 --> 31:33.440] My uncle.
[31:33.440 --> 31:34.440] My son.
[31:34.440 --> 31:35.440] On September 11th, 2001.
[31:35.440 --> 31:38.720] Most people don't know that a third tower fell on September 11th.
[31:38.720 --> 31:42.840] World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.840 --> 31:46.680] Although the official explanation is that fire brought down Building 7.
[31:46.680 --> 31:51.480] Over 1,200 architects and engineers have looked into the evidence and believe there is more
[31:51.480 --> 31:52.480] to the story.
[31:52.480 --> 31:53.880] Bring justice to my son.
[31:53.880 --> 31:54.880] My uncle.
[31:54.880 --> 31:55.880] My nephew.
[31:55.880 --> 31:56.880] My son.
[31:56.880 --> 31:57.880] Go to buildingwhat.org.
[31:57.880 --> 32:01.620] Why it fell, why it matters, and what you can do.
[32:01.620 --> 32:05.960] Are you looking to have a closer relationship with God and a better understanding of His
[32:05.960 --> 32:06.960] Word?
[32:06.960 --> 32:12.120] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture
[32:12.120 --> 32:18.560] Talk where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[32:18.560 --> 32:23.060] Study to show thyself approved unto God, a workman that needed not to be ashamed, rightly
[32:23.060 --> 32:25.480] dividing the word of truth.
[32:25.480 --> 32:29.440] Starting in January, our first hour studies are in the Book of Mark where we'll go verse
[32:29.440 --> 32:32.760] by verse and discuss the true gospel message.
[32:32.760 --> 32:37.400] Our second hour topical studies will vary each week with discussions on sound doctrine
[32:37.400 --> 32:39.800] and Christian character development.
[32:39.800 --> 32:44.340] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.340 --> 32:48.640] Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.640 --> 32:50.920] of our Lord and Savior Jesus.
[32:50.920 --> 32:57.560] So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and
[32:57.560 --> 33:00.160] motivate your studies of the Scriptures.
[33:00.160 --> 33:10.320] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:30.160 --> 33:54.320] Okay, we are back.
[33:54.320 --> 34:02.400] And we're talking to Wayne in Texas.
[34:02.400 --> 34:05.680] You're going to do a 2,700 foot well?
[34:05.680 --> 34:08.720] No, the water's up at 600 foot.
[34:08.720 --> 34:12.880] Oh, oh, okay, so it's 2,700 foot.
[34:12.880 --> 34:17.320] I would want to wrap a lead blanket around that son of a gun.
[34:17.320 --> 34:21.040] No, it's just a water shaft.
[34:21.040 --> 34:22.040] It's unbelievable.
[34:22.040 --> 34:28.440] Okay, so there's a crack in the aquifer that lets it percolate up out of the aquifer.
[34:28.440 --> 34:31.520] Okay, that's reasonable, 600 feet.
[34:31.520 --> 34:38.640] So you might consider what codes are they following?
[34:38.640 --> 34:41.520] Well, so I asked that question.
[34:41.520 --> 34:48.120] I asked them what code law or statute gave them the authority over unallewable rights.
[34:48.120 --> 34:52.880] And I got the response with the name of a lawyer attached.
[34:52.880 --> 34:54.040] I didn't respond to it.
[34:54.040 --> 34:55.040] I took them off.
[34:55.040 --> 34:59.360] But that was their immediate response when I asked the question, you know, that's a reasonable
[34:59.360 --> 35:00.360] question.
[35:00.360 --> 35:07.080] They didn't tell me what they were using, but I looked up the water code myself.
[35:07.080 --> 35:18.680] And I made it says code 11.0841A may pursue common law.
[35:18.680 --> 35:23.000] Wait, wait, wait, wait, wait, of what?
[35:23.000 --> 35:30.960] The water code, the Texas law.
[35:30.960 --> 35:36.560] Okay, Texas what?
[35:36.560 --> 35:37.560] It's under the water code.
[35:37.560 --> 35:38.560] It was section 11.0841.
[35:38.560 --> 35:41.560] It was the water code I looked it up.
[35:41.560 --> 35:51.120] Okay, I was just going to do a search for Texas water code.
[35:51.120 --> 36:04.480] So how are they, how is the city or the county enforcing Texas water code?
[36:04.480 --> 36:21.240] Purpose of the code, I'm looking for jurisdiction for their code, policies, public policy of
[36:21.240 --> 36:27.120] the state to provide for the conservation and development of the state's natural resources,
[36:27.120 --> 36:33.880] including control storage, preservation, distribution of state stormwater, blah, blah, blah, blah.
[36:33.880 --> 36:40.280] Things and policy regarding stewardship, water administration.
[36:40.280 --> 36:50.960] I'm looking for their, there should be a statement showing their authority.
[36:50.960 --> 36:56.680] How is this unclear if there is a water board?
[36:56.680 --> 37:06.520] How is the city or a county enforcing water board administration policies?
[37:06.520 --> 37:09.120] They defer to them.
[37:09.120 --> 37:12.680] The drill permit comes through the Prairie groundwater district.
[37:12.680 --> 37:17.280] And in fact, the lawyer that they copied on the email they sent me was the guy who wrote
[37:17.280 --> 37:19.280] this stuff.
[37:19.280 --> 37:27.800] Wait a minute, my question's not answered.
[37:27.800 --> 37:32.040] You're telling me what they're doing.
[37:32.040 --> 37:41.920] Where is a water board given authority to restrict the use of personal property?
[37:41.920 --> 37:42.920] Correct.
[37:42.920 --> 37:43.920] A real property.
[37:43.920 --> 37:44.920] Yeah.
[37:44.920 --> 37:50.400] You gotta know these codes.
[37:50.400 --> 37:52.800] They never do it right.
[37:52.800 --> 37:54.720] You need to read this.
[37:54.720 --> 37:55.880] I'm looking at it.
[37:55.880 --> 38:02.680] It looks like it's five, oh no, it's a big, it's big.
[38:02.680 --> 38:08.200] That's only three or 400 pages.
[38:08.200 --> 38:11.720] That's no step for a stepper.
[38:11.720 --> 38:19.720] 99% of it's, oh, it's only 2,300 pages.
[38:19.720 --> 38:25.760] Have they cited any specific code under which they're operating?
[38:25.760 --> 38:29.400] No, no.
[38:29.400 --> 38:31.800] They just refuse to reply.
[38:31.800 --> 38:37.240] Well, okay, there's, yeah, that really doesn't fall under open records.
[38:37.240 --> 38:42.000] So what you need to do is sue them.
[38:42.000 --> 38:43.000] Yep.
[38:43.000 --> 38:47.280] Okay, but before you sue them, you need to go through this code.
[38:47.280 --> 39:00.800] Do you know anyone, it's not an area in which I have much experience, but here we have a
[39:00.800 --> 39:10.040] governmental agency exercising control over real property.
[39:10.040 --> 39:16.040] So there are a number of innovative ways of going about this.
[39:16.040 --> 39:29.000] If you have a need or wish to drill a water well on your property and the political entities
[39:29.000 --> 39:38.440] interfering with that, you can call that an improper taking under imminent domain and
[39:38.440 --> 39:47.200] sue them for taking your property without recompense.
[39:47.200 --> 39:49.600] How much is that well worth to you?
[39:49.600 --> 39:54.720] Randy, it's going to cost me 80 grand to drill it.
[39:54.720 --> 39:59.760] 80 grand to drill a 600-foot well?
[39:59.760 --> 40:01.760] Yes, sir.
[40:01.760 --> 40:05.440] That's a lot of money.
[40:05.440 --> 40:11.000] Yeah, it's a lot of money.
[40:11.000 --> 40:18.400] Okay, that is not the issue.
[40:18.400 --> 40:25.160] The issue is how much is this well worth to you?
[40:25.160 --> 40:28.200] What is your source of water now?
[40:28.200 --> 40:36.200] Well, Randy, I'm a believer in Jesus, and I actually believe that we are at a time in
[40:36.200 --> 40:44.000] history where the surface water will not be good in the next seven years or so.
[40:44.000 --> 40:45.280] Okay.
[40:45.280 --> 40:49.560] I have reason to believe and do believe that that's what's going to happen.
[40:49.560 --> 40:51.640] No, no, no, that's not my question.
[40:51.640 --> 40:55.120] I have reason for asking this question this way.
[40:55.120 --> 40:56.680] Okay.
[40:56.680 --> 40:58.200] What is your source of water now?
[40:58.200 --> 41:00.000] Is it city water?
[41:00.000 --> 41:04.520] It is city water, and they get it from the surface, which is, I believe, will be bad
[41:04.520 --> 41:06.680] within seven years.
[41:06.680 --> 41:12.840] Well, so have you had a test done on the water?
[41:12.840 --> 41:19.720] Well, I can tell you what shows in the Bible that it says the surface water will be—
[41:19.720 --> 41:20.720] No, no, no, no, no.
[41:20.720 --> 41:21.720] We're not talking about Bible here.
[41:21.720 --> 41:22.720] This is man's law.
[41:22.720 --> 41:23.720] Okay.
[41:23.720 --> 41:24.720] Let's talk.
[41:24.720 --> 41:27.200] I'm not putting down the Bible thing.
[41:27.200 --> 41:33.080] I'm saying if we're going to take these guys on, God was clear about that.
[41:33.080 --> 41:37.040] This is Caesar's law.
[41:37.040 --> 41:41.360] We're just dealing in Caesar's law here, and we'll take Caesar's law and cram it
[41:41.360 --> 41:44.960] up their behinds.
[41:44.960 --> 41:52.120] If they're going to deny you access to clean, fresh water, then they will have to provide
[41:52.120 --> 41:57.280] you access to clean, fresh water.
[41:57.280 --> 42:07.000] You need to pull water samples at least once a month for a while and send it to a private
[42:07.000 --> 42:08.400] laboratory to have it tested.
[42:08.400 --> 42:11.600] It does cost a lot to do that.
[42:11.600 --> 42:14.040] There's a website where that can be found.
[42:14.040 --> 42:15.200] I just need to look it up.
[42:15.200 --> 42:17.800] A friend gave me that the other day.
[42:17.800 --> 42:18.800] Okay.
[42:18.800 --> 42:26.280] Once you figure out what's in it, how big is this town or county you're in?
[42:26.280 --> 42:27.280] I'm in, Alice.
[42:27.280 --> 42:29.280] I'm in a little town of Ovila.
[42:29.280 --> 42:31.880] Wait a minute.
[42:31.880 --> 42:32.880] Ovila?
[42:32.880 --> 42:36.680] I'm in Ovila.
[42:36.680 --> 42:38.920] I thought it was Ovea.
[42:38.920 --> 42:39.920] Okay.
[42:39.920 --> 42:44.000] But then they call it Quila.
[42:44.000 --> 42:45.000] They don't call it Ikea.
[42:45.000 --> 42:46.800] Okay, I'm familiar with Ovea.
[42:46.800 --> 42:49.000] Well, we eat at the Dillas all the time.
[42:49.000 --> 42:51.040] Okay, what's the population?
[42:51.040 --> 42:53.760] I don't know.
[42:53.760 --> 42:56.320] I've never paid attention to that.
[42:56.320 --> 42:58.680] Thousand, two thousand, ten thousand?
[42:58.680 --> 43:02.120] Less than ten, I'd say.
[43:02.120 --> 43:06.280] Okay, so their budget is not that big.
[43:06.280 --> 43:12.560] So, what you have to do is build a claim against them.
[43:12.560 --> 43:19.440] If they're going to deny you access to clean fresh water, then they have to provide you
[43:19.440 --> 43:26.400] access to clean fresh water.
[43:26.400 --> 43:33.800] And you need to be able to show that the water they're providing access to is unsafe.
[43:33.800 --> 43:38.880] And they're going to argue that it meets state standards and you're going to argue that state
[43:38.880 --> 43:42.520] standards are insufficient.
[43:42.520 --> 43:51.800] If the water creates a hazard, then it doesn't matter what the state says, you don't have
[43:51.800 --> 43:53.360] to accept that hazard.
[43:53.360 --> 44:00.400] Hold on, we'll pick this up on the other side, we'll be right back.
[44:00.400 --> 44:06.440] Through advances in technology our lives have greatly improved, except in the area of nutrition.
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[46:14.800 --> 46:32.360] Okay.
[46:32.360 --> 46:33.360] We are back.
[46:33.360 --> 46:40.000] Brenda Kelton, Brett Fountain, Rule of Law Radio and my music is not fading.
[46:40.000 --> 46:41.000] There we go.
[46:41.000 --> 46:48.360] Okay, I'm having to run the board tonight so I don't have Brett to do that for me.
[46:48.360 --> 46:54.000] Okay, we need to just build a case.
[46:54.000 --> 47:01.720] So we start by testing the water, find out what's in the water and then do some research
[47:01.720 --> 47:08.840] on the short-term and long-term effects of using that water.
[47:08.840 --> 47:16.960] And so you can show that you need to find someone else who has tapped into that aquifer.
[47:16.960 --> 47:25.200] Okay, does the city have any deep wells or do they pull all their water from surface?
[47:25.200 --> 47:27.800] The city water comes from surface water.
[47:27.800 --> 47:32.640] So they don't have any deep wells, so they're not in that aquifer.
[47:32.640 --> 47:40.560] Do you know of anyone, who's the guy who did the analysis?
[47:40.560 --> 47:41.560] Get ahold of him.
[47:41.560 --> 47:47.360] Okay, so the guy who found the deep well, the water, he travels all over.
[47:47.360 --> 47:52.800] He just happened to be visiting his daughter in Fort Worth.
[47:52.800 --> 47:57.960] He's kind of an expert on finding primary water, which isn't exactly like, I mean, you
[47:57.960 --> 48:02.000] say it's aquifer, it's different, but this guy travels all over the globe.
[48:02.000 --> 48:04.160] I just happened to catch him in town.
[48:04.160 --> 48:06.640] We paid a good amount of money to have him look at this.
[48:06.640 --> 48:12.160] And so got a subject matter expert who just found a bunch of water in Jordan.
[48:12.160 --> 48:17.000] This is the kind of scale this guy works at, and I just happened to catch him.
[48:17.000 --> 48:24.400] So he'll be a good expert witness if he would testify to the, can he testify to the expected
[48:24.400 --> 48:26.800] quality of the water that he found?
[48:26.800 --> 48:29.760] Well, I sent this information to the water district.
[48:29.760 --> 48:34.960] That's why they, so when I did that, they sent a guy out with a dowser, a dowser out
[48:34.960 --> 48:43.160] to find, see, I didn't know how close my neighbor's septic field was, but the water is 600 feet
[48:43.160 --> 48:44.160] below the surface.
[48:44.160 --> 48:48.880] You can remediate that with just by drilling the well larger than you should, and then
[48:48.880 --> 48:51.120] the normal, and then putting a casing around it, and then-
[48:51.120 --> 48:52.920] Yeah, you case the well.
[48:52.920 --> 48:54.960] Yeah, and case it twice.
[48:54.960 --> 48:55.960] Yeah.
[48:55.960 --> 48:59.200] Okay, here's the deal.
[48:59.200 --> 49:03.820] If you sue them, you lose.
[49:03.820 --> 49:13.720] If you expect to sue them and get to a final determination by the Texas Supreme Court,
[49:13.720 --> 49:20.840] but nobody expects to get there, you can bankrupt them a long time before you get there.
[49:20.840 --> 49:26.440] You never expect to win your case simply because you have the law and the facts on your side.
[49:26.440 --> 49:27.440] Right.
[49:27.440 --> 49:32.760] So, you expect to win your case if you have the politics on your side, and all the politics
[49:32.760 --> 49:34.520] goes to the money.
[49:34.520 --> 49:35.520] Right.
[49:35.520 --> 49:39.200] So, you can cost them a lot of money.
[49:39.200 --> 49:44.440] You can beat them into submission.
[49:44.440 --> 49:46.000] Are there any issues?
[49:46.000 --> 49:53.480] If this is surface water south of Dallas- This is south of Dallas, yeah.
[49:53.480 --> 49:54.480] We're south.
[49:54.480 --> 49:55.480] Yeah.
[49:55.480 --> 49:56.480] Are there issues?
[49:56.480 --> 49:57.480] Yeah.
[49:57.480 --> 50:03.800] So, they had a fire that they put out in that water drained into the Trinity, and that's
[50:03.800 --> 50:08.200] got AFFF in it, but I don't think they matured for AFFF.
[50:08.200 --> 50:09.200] Okay.
[50:09.200 --> 50:18.080] The city of Dallas and Fort Worth both use- What is the chemical they put in it to fix
[50:18.080 --> 50:19.080] your teeth?
[50:19.080 --> 50:20.080] Fluoride.
[50:20.080 --> 50:21.080] Fluoride.
[50:21.080 --> 50:26.080] Have you ever seen them do that?
[50:26.080 --> 50:27.080] No.
[50:27.080 --> 50:31.080] I filter that out, but yeah, we run all our stuff through a filter.
[50:31.080 --> 50:32.080] No.
[50:32.080 --> 50:33.680] Do you distill the water?
[50:33.680 --> 50:34.680] Yeah.
[50:34.680 --> 50:35.680] We do that too.
[50:35.680 --> 50:36.680] Okay.
[50:36.680 --> 50:42.720] You may get it out if you distill it, but that's when they- Have you ever seen them
[50:42.720 --> 50:43.720] put it in?
[50:43.720 --> 50:46.760] No, but I know it's caustic.
[50:46.760 --> 50:48.480] Go down- Oh, no.
[50:48.480 --> 50:50.480] It's not just caustic.
[50:50.480 --> 50:57.880] Go down and tell them that you want to observe them putting fluoride in the water.
[50:57.880 --> 51:03.080] The guy comes out in a frigging radiation suit for crying out loud.
[51:03.080 --> 51:10.440] It is radioactive waste.
[51:10.440 --> 51:12.640] Put a Geiger counter to your water.
[51:12.640 --> 51:18.840] Do you know someone who has a Geiger counter?
[51:18.840 --> 51:21.640] No.
[51:21.640 --> 51:30.040] If you put a jury up there, they got to look at you presenting your stuff to a 12 member
[51:30.040 --> 51:33.760] jury of your peers.
[51:33.760 --> 51:42.800] So instead of considering how can I beat these guys in court, take a step back and think,
[51:42.800 --> 51:49.920] how can I really piss off a jury, or how can I terrify a jury?
[51:49.920 --> 51:54.200] How can I get a jury to look at their own kids?
[51:54.200 --> 52:00.560] And how can I present a case so that when a juror turns their faucet on at their house,
[52:00.560 --> 52:06.080] they're going to wonder what the heck is in that stuff?
[52:06.080 --> 52:07.240] This is how you win things.
[52:07.240 --> 52:11.960] You don't win it by even getting to that jury.
[52:11.960 --> 52:20.760] You win it by getting the other side to not want to risk that jury.
[52:20.760 --> 52:28.120] I wrote a 150 page criminal complaint, a criminal complaint civil suit.
[52:28.120 --> 52:34.360] And in writing the civil suit, I'm thinking, okay, I got all this information.
[52:34.360 --> 52:44.160] How do I craft this so that a jury of ordinary people who are not deeply steeped in legal
[52:44.160 --> 52:52.200] jurisprudence, how can I write this in a way that will really piss them off and frighten
[52:52.200 --> 52:59.920] them and make them concerned for their children and their grandchildren?
[52:59.920 --> 53:06.280] Now it looks like I wrote this as a legal brief, and it's camouflaged that way.
[53:06.280 --> 53:13.480] But underneath all of that, I'm thinking, how do I craft this argument so that when
[53:13.480 --> 53:19.120] the jury reads it, they're going to think, holy crap.
[53:19.120 --> 53:22.840] And they'll go home thinking about this.
[53:22.840 --> 53:25.920] Now it doesn't matter what happens to the jury.
[53:25.920 --> 53:33.440] The lawyer on the other side, that's primarily what he's paying attention to.
[53:33.440 --> 53:36.540] What's going to sway a jury?
[53:36.540 --> 53:40.320] How am I going to look when I get in front of a jury?
[53:40.320 --> 53:43.560] That's what he's most concerned about.
[53:43.560 --> 53:48.920] So you do the same thing, it's all about the politics, and this is where the politics shines.
[53:48.920 --> 53:59.480] So you bring out all the bad stuff about the water, do a test every month at least, or
[53:59.480 --> 54:07.560] maybe every other week, and keep your samples and keep the test data.
[54:07.560 --> 54:13.520] And then have an expert look at this test data.
[54:13.520 --> 54:17.160] You don't care if it's within regs or not.
[54:17.160 --> 54:26.760] The small towns, they're never able to keep their water within the regulations.
[54:26.760 --> 54:34.600] So if you can find that they're not within the scope of the statutory requirements, then
[54:34.600 --> 54:41.040] while the state may not go in there and shut them down because it's got all these people
[54:41.040 --> 54:47.200] depending on this water, they'll just go in there and beat them up and frown at them and
[54:47.200 --> 54:51.520] order them to do remediation and fix this problem.
[54:51.520 --> 54:56.960] But they're still going to let them pump out this poisoned water because it's not going
[54:56.960 --> 54:58.320] to kill somebody tomorrow.
[54:58.320 --> 55:03.800] So we can poison them a little bit at a time and nobody will notice.
[55:03.800 --> 55:09.320] So build a case from that perspective.
[55:09.320 --> 55:14.640] And then what you want to do is get them in court, and the first thing you do is bar-grieve
[55:14.640 --> 55:18.280] their lawyer into the Stone Age.
[55:18.280 --> 55:20.440] Then rip their pleadings apart.
[55:20.440 --> 55:27.360] Now, you don't have to be a learned counsel.
[55:27.360 --> 55:35.800] 90% of all of the law that I deal with is just common sense.
[55:35.800 --> 55:40.520] I have people call in and they talk about something we've never heard before.
[55:40.520 --> 55:45.480] And Brent and I sit there and think, okay, okay, okay, this is wrong.
[55:45.480 --> 55:48.160] This is obviously wrong.
[55:48.160 --> 55:53.560] And if it's obviously wrong, it's in law somewhere.
[55:53.560 --> 56:00.400] So where would I look in law to find this, especially Texas law?
[56:00.400 --> 56:07.440] Texas absolutely has the best body of law of any state I've ever looked at.
[56:07.440 --> 56:12.880] Every remedy I've ever needed is right there in the code.
[56:12.880 --> 56:15.160] You just gotta find it.
[56:15.160 --> 56:21.780] And it's not that hard once you sit back and consider the ramifications.
[56:21.780 --> 56:29.120] If they've got a chemical in that water that could hurt someone, there are going to be
[56:29.120 --> 56:33.320] all manner of restrictions on that.
[56:33.320 --> 56:41.280] And if they're going to block you from extracting water from a pristine aquifer, they're going
[56:41.280 --> 56:47.080] to have to show things that deliver you equal or better water.
[56:47.080 --> 56:56.400] If you're sitting on a jury and you're telling a jury, I've got kids here and I have a duty
[56:56.400 --> 56:59.200] to protect them.
[56:59.200 --> 57:07.000] And the city's trying to force me to have them bathe in radioactive water.
[57:07.000 --> 57:16.600] Yeah, it may kill out bacteria on their teeth, but what else does it kill out?
[57:16.600 --> 57:22.060] The guy who puts it in water has to go out in a radiation suit for crying out loud.
[57:22.060 --> 57:31.880] This is radioactive waste, and they're using our children as a chemical waste dump.
[57:31.880 --> 57:36.240] What if you're sitting on a jury and you've got a couple of kids or grandkids?
[57:36.240 --> 57:38.440] How are you going to feel about that?
[57:38.440 --> 57:49.520] Okay, what I'm saying, stop thinking about this in terms of statute, chapter, and verse.
[57:49.520 --> 57:56.600] Stop thinking about it in terms of how you can sway a reasonable person of ordinary prudence
[57:56.600 --> 58:04.280] or better yet, how you can convince the attorney opposing counsel that you're going to sway
[58:04.280 --> 58:07.880] a jury of your peers.
[58:07.880 --> 58:14.520] And then he's going to tell the city, you don't want to get to court with this guy.
[58:14.520 --> 58:18.480] You need to make him a deal.
[58:18.480 --> 58:23.320] And if you tell the city, here's the deal I want to make.
[58:23.320 --> 58:26.640] Make me the deal and I'll rot my suit against you.
[58:26.640 --> 58:30.440] Does that make sense?
[58:30.440 --> 58:33.520] It's not that there's a problem.
[58:33.520 --> 58:38.520] When I say everything's political, on the surface that sounds awful.
[58:38.520 --> 58:44.520] But once you understand that everything's political, then it's just a different set
[58:44.520 --> 58:45.520] of parameters.
[58:45.520 --> 58:50.160] We'll be right back.
[58:50.160 --> 58:54.320] Would you like to make more definite progress in your walk with God?
[58:54.320 --> 58:59.480] Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.480 --> 59:00.820] can really help.
[59:00.820 --> 59:05.280] The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.280 --> 59:06.280] today.
[59:06.280 --> 59:10.180] It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.180 --> 59:13.280] to know God and to know the meaning of life.
[59:13.280 --> 59:18.540] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.540 --> 59:22.800] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.800 --> 59:27.720] of salvation, growing in Christ, and how to build up the Church.
[59:27.720 --> 59:32.760] To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.760 --> 59:45.520] Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit
[59:45.520 --> 59:48.160] us online at bfa.org.
[59:48.160 --> 01:00:02.200] Live, free speech radio, logosradionetwork.com.
[01:00:02.200 --> 01:00:05.840] The Bill of Rights contains the first 10 amendments of our Constitution.
[01:00:05.840 --> 01:00:09.320] They guarantee the specific freedoms Americans should know and protect.
[01:00:09.320 --> 01:00:10.680] Our liberty depends on it.
[01:00:10.680 --> 01:00:14.680] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:00:14.680 --> 01:00:17.560] one of your constitutional rights.
[01:00:17.560 --> 01:00:19.140] Privacy is under attack.
[01:00:19.140 --> 01:00:22.740] When you give up data about yourself, you'll never get it back again.
[01:00:22.740 --> 01:00:27.520] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.520 --> 01:00:32.600] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.600 --> 01:00:35.280] Privacy, it's worth hanging on to.
[01:00:35.280 --> 01:00:39.560] This public service announcement is brought to you by Startpage.com, the private search
[01:00:39.560 --> 01:00:43.120] engine alternative to Google, Yahoo, and Bing.
[01:00:43.120 --> 01:00:46.560] Start over with Startpage.
[01:00:46.560 --> 01:00:48.920] Imagine your mom and dad are getting ready for bed.
[01:00:48.920 --> 01:00:52.000] They pull back the covers and find a third party there.
[01:00:52.000 --> 01:00:55.200] He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.200 --> 01:00:59.320] That shocking image of a third party in my parents' bed reminds me what the Third Amendment
[01:00:59.320 --> 01:01:00.920] was designed to prevent.
[01:01:00.920 --> 01:01:05.120] It protects us from being forced to share our homes with soldiers, a common demand in
[01:01:05.120 --> 01:01:07.240] the days of our founding fathers.
[01:01:07.240 --> 01:01:08.240] Third party?
[01:01:08.240 --> 01:01:09.240] Third Amendment?
[01:01:09.240 --> 01:01:10.240] Get it?
[01:01:10.240 --> 01:01:13.440] So if you answer a knock at your door and guys in fatigues demand lodging, tell them
[01:01:13.440 --> 01:01:16.880] to dust off their copy of the Bill of Rights and re-read the Third Amendment.
[01:01:16.880 --> 01:01:18.760] I'm Dr. Catherine Albrecht.
[01:01:18.760 --> 01:01:32.080] More news and information at CatherineAlbrecht.com.
[01:01:32.080 --> 01:01:35.720] The Bill of Rights contains the first 10 amendments of our Constitution.
[01:01:35.720 --> 01:01:39.200] They guarantee the specific freedoms Americans should know and protect.
[01:01:39.200 --> 01:01:40.680] Our liberty depends on it.
[01:01:40.680 --> 01:01:44.560] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:01:44.560 --> 01:01:47.540] one of your constitutional rights.
[01:01:47.540 --> 01:01:49.120] Privacy is under attack.
[01:01:49.120 --> 01:01:52.720] When you give up data about yourself, you'll never get it back again.
[01:01:52.720 --> 01:01:57.520] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.520 --> 01:02:02.720] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:02:02.720 --> 01:02:05.280] Privacy, it's worth hanging on to.
[01:02:05.280 --> 01:02:09.560] This public service announcement is brought to you by StartPage.com, the private search
[01:02:09.560 --> 01:02:13.100] engine alternative to Google, Yahoo, and Bing.
[01:02:13.100 --> 01:02:16.800] Start over with StartPage.
[01:02:16.800 --> 01:02:22.160] Open four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:22.160 --> 01:02:26.640] That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[01:02:26.640 --> 01:02:28.120] search and seizure.
[01:02:28.120 --> 01:02:29.120] Fourth Amendment?
[01:02:29.120 --> 01:02:30.480] Four eyes staring at you?
[01:02:30.480 --> 01:02:31.480] Get it?
[01:02:31.480 --> 01:02:34.600] Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[01:02:34.600 --> 01:02:35.600] security.
[01:02:35.600 --> 01:02:40.120] Case in point, TSA airport scanners that peer under your clothing.
[01:02:40.120 --> 01:02:44.140] When government employees demand a peep at your privates without probable cause, I say
[01:02:44.140 --> 01:02:46.960] it's time to sound the constitutional alarm bells.
[01:02:46.960 --> 01:02:51.240] Join me in asking our representatives to dust off the Bill of Rights and use their googly
[01:02:51.240 --> 01:02:53.600] eyes to take a gander at the Fourth.
[01:02:53.600 --> 01:02:55.320] I'm Dr. Catherine Albrecht.
[01:02:55.320 --> 01:03:16.040] More news and information at CatherineAlbrecht.com.
[01:03:55.320 --> 01:04:22.040] It's not about whether you can win at the end of the day or not.
[01:04:22.040 --> 01:04:29.320] It's about beating them into submission.
[01:04:29.320 --> 01:04:39.960] Look up statistics on the harm that Stannis-Floride does to the population who uses it.
[01:04:39.960 --> 01:04:45.400] There's a lot of stuff out there.
[01:04:45.400 --> 01:04:50.920] Research out the effects of poor quality municipal water systems.
[01:04:50.920 --> 01:04:55.240] There's gonna be a lot of stuff out there on that.
[01:04:55.240 --> 01:04:57.440] And make up a whole lot of stuff you can throw at them.
[01:04:57.440 --> 01:05:04.840] You have plenty of time to prepare a suit against them.
[01:05:04.840 --> 01:05:09.540] Once you sue them, their time is short.
[01:05:09.540 --> 01:05:17.320] They have essentially the Monday after the 20th day from the time they're served to
[01:05:17.320 --> 01:05:21.600] file you an answer.
[01:05:21.600 --> 01:05:29.760] Since the advent of Rule 12, Rule 12 allows them to toll the time to answer, so they don't
[01:05:29.760 --> 01:05:32.020] have to answer quite so quickly.
[01:05:32.020 --> 01:05:35.400] But you wanna give them something really hard to answer.
[01:05:35.400 --> 01:05:38.240] That's gonna cost them a lot of money.
[01:05:38.240 --> 01:05:46.300] It's gonna cost them on the order of probably $200 to $400 an hour to have their lawyers
[01:05:46.300 --> 01:05:50.280] brief out your case.
[01:05:50.280 --> 01:06:00.560] So you wanna do as much work on the front end as you can, so you bring issues that are
[01:06:00.560 --> 01:06:05.160] not well adjudicated if you can find them.
[01:06:05.160 --> 01:06:11.720] First blush issues are great, because these guys really have to dig deep and do their
[01:06:11.720 --> 01:06:12.720] research.
[01:06:12.720 --> 01:06:19.320] And when they start doing that, they screwed up really bad, especially if they have a pro
[01:06:19.320 --> 01:06:23.920] se on the other end of the line.
[01:06:23.920 --> 01:06:30.520] In my case, I sued them for $485 million.
[01:06:30.520 --> 01:06:34.800] I sued all the highest judges in Texas.
[01:06:34.800 --> 01:06:42.520] And they come back with this Rule 12 B1 motion to dismiss for lack of subject matter jurisdiction,
[01:06:42.520 --> 01:06:49.960] claiming that you can't sue them, because they're public officials, and public officials
[01:06:49.960 --> 01:06:54.960] are immune to have qualified and absolute immunity.
[01:06:54.960 --> 01:06:59.960] Didn't they read my suit?
[01:06:59.960 --> 01:07:07.640] I sued them in the federal court and claimed that they were acting in furtherance and ongoing
[01:07:07.640 --> 01:07:15.600] criminal enterprise and toward the purpose of violating federal laws and the federal
[01:07:15.600 --> 01:07:16.600] constitution.
[01:07:16.600 --> 01:07:26.080] Well, under the ex parte young, the state is forbidden to indemnify them in that case.
[01:07:26.080 --> 01:07:31.280] Now, it doesn't matter what I can prove.
[01:07:31.280 --> 01:07:35.520] It matters what my claim is.
[01:07:35.520 --> 01:07:44.280] So if we look at, if we find things that really look ugly, you can claim that the city council
[01:07:44.280 --> 01:07:49.440] knew about this because they have the water reports.
[01:07:49.440 --> 01:07:55.080] And they authorized this water any way that would harm your children.
[01:07:55.080 --> 01:08:01.640] And they did this so they could lower their water production costs.
[01:08:01.640 --> 01:08:06.960] They make up this elaborate story.
[01:08:06.960 --> 01:08:13.440] They have to disprove it when you get to a Rule 12 B6.
[01:08:13.440 --> 01:08:20.960] The consideration in a 12 B6 is not whether or not you can win your case.
[01:08:20.960 --> 01:08:27.800] The consideration is, did you state a claim?
[01:08:27.800 --> 01:08:32.640] So in order to determine if you stated a claim, they have to accept everything you say is
[01:08:32.640 --> 01:08:34.760] true.
[01:08:34.760 --> 01:08:41.840] Not prima facie, but true, and that's for the limited purpose of the 12 B6.
[01:08:41.840 --> 01:08:49.920] If everything you say is true, then would you have a claim against the defendant?
[01:08:49.920 --> 01:08:52.440] That's the question.
[01:08:52.440 --> 01:08:57.680] The first part, 12 B1, is can you actually sue them?
[01:08:57.680 --> 01:09:03.360] So whether you can sue them or not doesn't go to the actual facts of the case.
[01:09:03.360 --> 01:09:07.640] It goes to the nature of your claim.
[01:09:07.640 --> 01:09:22.920] If you claim that these officials allowed the sale and production and sale of contaminated
[01:09:22.920 --> 01:09:33.800] water that would have the effect of damaging everyone who drinks it, then that's a conspiracy
[01:09:33.800 --> 01:09:38.640] to violate law and obstruct justice.
[01:09:38.640 --> 01:09:40.840] And committing crimes is not within scope.
[01:09:40.840 --> 01:09:43.200] Doesn't matter if they did it or not.
[01:09:43.200 --> 01:09:48.400] Doesn't matter if you can prove they did it or not.
[01:09:48.400 --> 01:09:56.960] Can you craft a claim with sufficient facts such that if all those facts are true, would
[01:09:56.960 --> 01:09:59.480] you have a claim?
[01:09:59.480 --> 01:10:01.400] And that gets you past rule 12.
[01:10:01.400 --> 01:10:08.520] Once you're past rule 12, now they're gonna start jumping up and down, waving their arms
[01:10:08.520 --> 01:10:13.120] and railing the righteous indignation at the inequity of it all, cuz it's gonna start
[01:10:13.120 --> 01:10:16.720] costing them big time.
[01:10:16.720 --> 01:10:25.040] And in your claim, you can say, this water is dangerous and they know this water is dangerous.
[01:10:25.040 --> 01:10:32.680] I can't prove that now, because the city holds all the records and information that I would
[01:10:32.680 --> 01:10:36.400] need to prove this.
[01:10:36.400 --> 01:10:43.600] And I will be able to prove this after discovery.
[01:10:43.600 --> 01:10:48.400] That's what it gets you past 12b6.
[01:10:48.400 --> 01:10:51.760] And that's the one place the city never wants to go.
[01:10:51.760 --> 01:10:54.400] They never want to get to discovery.
[01:10:54.400 --> 01:10:56.960] So what if I go another attack?
[01:10:56.960 --> 01:11:04.560] What if I go straight to the declaratory judgment, use this as a secondary attack, but the primary
[01:11:04.560 --> 01:11:12.920] being they're trying to take, they're doing a little taking of a resource on my property
[01:11:12.920 --> 01:11:15.600] right?
[01:11:15.600 --> 01:11:19.960] I use this as more ammunition to support it.
[01:11:19.960 --> 01:11:22.760] Okay, the declaratory judgment is good.
[01:11:22.760 --> 01:11:25.920] Hold on, let me finish this so you can see what I'm saying.
[01:11:25.920 --> 01:11:32.120] So this one person, their administrative processes, I'm supposed to give them another $750 and
[01:11:32.120 --> 01:11:34.640] then go before the whole water board.
[01:11:34.640 --> 01:11:37.840] Without any new information, they're still gonna have the same result.
[01:11:37.840 --> 01:11:42.620] So I take them to court now, get a declaratory judgment, get this clarified.
[01:11:42.620 --> 01:11:44.160] And they're can't, they do this.
[01:11:44.160 --> 01:11:50.160] So they say, yes, they can, no, they can't, but I get a judgment, which will stand.
[01:11:50.160 --> 01:11:54.600] Then I go pay the $750, then if they say no to me, they're dead.
[01:11:54.600 --> 01:11:55.600] Okay.
[01:11:55.600 --> 01:12:02.280] Then I can take them to court and I can change my pocket.
[01:12:02.280 --> 01:12:06.480] Be careful with declaratory judgment.
[01:12:06.480 --> 01:12:13.960] Declaratory judgment can be a very powerful tool if they rule in your favor.
[01:12:13.960 --> 01:12:19.400] But if they don't rule in your favor, it can be a time bomb.
[01:12:19.400 --> 01:12:30.740] So you don't necessarily want to seek a declaratory judgment that will win your case.
[01:12:30.740 --> 01:12:39.280] You want to do a declaratory judgment to establish incontrovertible facts that they won't be
[01:12:39.280 --> 01:12:45.360] able to get past.
[01:12:45.360 --> 01:12:54.360] Is stannous fluoride hazardous to human health?
[01:12:54.360 --> 01:12:59.800] Is there any level of stannous fluoride that is not harmful?
[01:12:59.800 --> 01:13:08.400] Figure out the right question to ask and a question that you can be certain you'll get
[01:13:08.400 --> 01:13:12.760] a declaratory judgment on.
[01:13:12.760 --> 01:13:19.280] The declaratory judgment suits kind of like admissions.
[01:13:19.280 --> 01:13:25.360] Do your homework, check the water, see what's in it.
[01:13:25.360 --> 01:13:29.300] You're likely to find some surprises in there.
[01:13:29.300 --> 01:13:38.000] If you can find a chemical in the water that's unusual, then you can really hammer them with
[01:13:38.000 --> 01:13:39.000] that.
[01:13:39.000 --> 01:13:49.760] If you can find any problems with production of the water, they draw the water from surface
[01:13:49.760 --> 01:13:50.760] water.
[01:13:50.760 --> 01:13:58.480] You need to do pre-litigation discovery.
[01:13:58.480 --> 01:14:03.120] Look up Rule 202, Rules of Civil Procedure in Texas.
[01:14:03.120 --> 01:14:09.360] Texas has the best pre-litigation discovery of any state.
[01:14:09.360 --> 01:14:15.160] Under pre-litigation discovery, you can get all the information about their treatment
[01:14:15.160 --> 01:14:19.880] plants.
[01:14:19.880 --> 01:14:26.440] Municipalities never have a good treatment plant.
[01:14:26.440 --> 01:14:31.400] They just don't have the money to hire the people they need, the experts they need, and
[01:14:31.400 --> 01:14:35.480] to spend the time they need to make sure the water is properly treated.
[01:14:35.480 --> 01:14:44.440] The samples that they have, the water board, if somebody comes out—I get a letter every
[01:14:44.440 --> 01:14:51.160] once in a while where the state has come out and tested the water, or they've come out
[01:14:51.160 --> 01:14:55.640] and examined the treatment systems.
[01:14:55.640 --> 01:15:07.520] Now, what you want to see is any time that any citations or any inspections have had
[01:15:07.520 --> 01:15:09.520] issues with the inspections.
[01:15:09.520 --> 01:15:16.640] They've got this water and they tell you all this stuff they do and how great the water
[01:15:16.640 --> 01:15:17.640] is.
[01:15:17.640 --> 01:15:20.480] Well, do you always do that?
[01:15:20.480 --> 01:15:24.000] Is it always this good?
[01:15:24.000 --> 01:15:31.240] Or in between the time the inspector comes, do you do shortcuts, do you screw things up?
[01:15:31.240 --> 01:15:39.080] Have the inspectors caught you doing anything improper with the water?
[01:15:39.080 --> 01:15:44.000] And show that as a pattern of bad behavior.
[01:15:44.000 --> 01:15:51.560] All of this they have to overcome at, generally, $200 to $600 an hour, and then every time
[01:15:51.560 --> 01:15:56.440] you get a pleading from a lawyer, you take his pleadings and take them apart.
[01:15:56.440 --> 01:16:06.240] I need to do a show on how to respond to pleadings, how to handle the other side's case law.
[01:16:06.240 --> 01:16:10.320] That is such a fertile field.
[01:16:10.320 --> 01:16:20.400] In the response I was doing this morning, the lawyer cited a sentence from a case.
[01:16:20.400 --> 01:16:25.800] When I went back to that case, I always pull the case up and do a search for some of the
[01:16:25.800 --> 01:16:31.960] words and whatever they state, some of the key words or phrases so I can find the location
[01:16:31.960 --> 01:16:32.960] they're speaking to.
[01:16:32.960 --> 01:16:40.760] Well, I found the sentence in the middle of a paragraph.
[01:16:40.760 --> 01:16:48.520] When you quoted the whole paragraph, it demonstrated that the sentence was taken totally out of
[01:16:48.520 --> 01:16:49.520] context.
[01:16:49.520 --> 01:16:52.280] They do this all the time.
[01:16:52.280 --> 01:16:56.280] There's nothing worse than catching them with bad case law.
[01:16:56.280 --> 01:17:00.040] Hang on, Randy Kelton, Brett Fountain, we'll be right back.
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[01:18:00.120 --> 01:18:01.120] I love logos.
[01:18:01.120 --> 01:18:04.440] Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.440 --> 01:18:07.280] I'm so addicted to the truth now that there's no going back.
[01:18:07.280 --> 01:18:08.280] I need my truth fixed.
[01:18:08.280 --> 01:18:13.240] I'd be lost without logos, and I really want to help keep this network on the air.
[01:18:13.240 --> 01:18:16.960] I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't
[01:18:16.960 --> 01:18:20.320] have any money to give because I spent it all on supplements.
[01:18:20.320 --> 01:18:21.680] How can I help logos?
[01:18:21.680 --> 01:18:23.880] Well, I'm glad you asked.
[01:18:23.880 --> 01:18:26.640] Whenever you order anything from Amazon, you can help logos.
[01:18:26.640 --> 01:18:29.240] You can order your supplies or holiday gifts.
[01:18:29.240 --> 01:18:31.360] First thing you do is clear your cookies.
[01:18:31.360 --> 01:18:34.720] Now go to logosradio.network.com.
[01:18:34.720 --> 01:18:37.760] Click on the Amazon logo and bookmark it.
[01:18:37.760 --> 01:18:43.160] Now when you order anything from Amazon, you use that link, and logos gets a few pesos.
[01:18:43.160 --> 01:18:44.160] Do I pay extra?
[01:18:44.160 --> 01:18:45.160] No.
[01:18:45.160 --> 01:18:47.040] Do I have to do anything different when I order?
[01:18:47.040 --> 01:18:48.040] No.
[01:18:48.040 --> 01:18:49.040] Can I use my Amazon Prime?
[01:18:49.040 --> 01:18:50.040] No.
[01:18:50.040 --> 01:18:51.040] I mean, yes.
[01:18:51.040 --> 01:18:52.040] Wow.
[01:18:52.040 --> 01:18:54.240] Giving without doing anything or spending any money.
[01:18:54.240 --> 01:18:55.240] This is perfect.
[01:18:55.240 --> 01:18:56.240] Thank you so much.
[01:18:56.240 --> 01:18:57.240] We are welcome.
[01:18:57.240 --> 01:18:58.240] Happy holidays, logos.
[01:18:58.240 --> 01:19:13.520] This is the Logos, Logos Radio Network.
[01:19:13.520 --> 01:19:43.200] Okay, we are back, Randy Kelton, Brett Felton with the Logos Radio, and we're talking to
[01:19:43.200 --> 01:19:55.040] Wayne in Texas, and while I'm talking, I'm trying to organize my thinking so that I can
[01:19:55.040 --> 01:19:57.880] present this a little more succinctly than I am.
[01:19:57.880 --> 01:20:03.720] I realize I'm kind of repeating myself here.
[01:20:03.720 --> 01:20:07.800] You guys come here to get some good information, and you give me good information because you
[01:20:07.800 --> 01:20:13.560] teach me how to frame these issues and arguments.
[01:20:13.560 --> 01:20:22.040] And here, you have the time to do the research, and you have rule 202, pre-litigation discovery.
[01:20:22.040 --> 01:20:28.440] So before you do any discovery, before you do anything with these guys, you need to become
[01:20:28.440 --> 01:20:33.160] a semi-expert on this issue.
[01:20:33.160 --> 01:20:40.440] You need to know this issue better than they do, and then figure out how you can set them
[01:20:40.440 --> 01:20:41.440] up.
[01:20:41.440 --> 01:20:49.520] Randy, it's funny you said that, because I was just thinking, so there's two elements
[01:20:49.520 --> 01:20:50.520] here.
[01:20:50.520 --> 01:20:55.760] There's the actual, the Water District controls the guys who drill wells with permits, right?
[01:20:55.760 --> 01:21:01.000] So if they say you can't drill a well, and they drill a well anyhow where they get a
[01:21:01.000 --> 01:21:03.240] permit or whatever, they could lose their license.
[01:21:03.240 --> 01:21:05.800] So they control the drillers that way.
[01:21:05.800 --> 01:21:12.920] But there's a, the controlling document has a statement in there mentioning the sunshine
[01:21:12.920 --> 01:21:15.320] law for the drillers.
[01:21:15.320 --> 01:21:19.800] So they must protect us from a real threat, not a perceived threat.
[01:21:19.800 --> 01:21:22.000] And you just put your finger on it.
[01:21:22.000 --> 01:21:25.320] The real threat is the freaking water you're giving me.
[01:21:25.320 --> 01:21:28.920] There you go.
[01:21:28.920 --> 01:21:29.920] Is the water.
[01:21:29.920 --> 01:21:34.560] Well, they are violating their own freaking rules.
[01:21:34.560 --> 01:21:41.480] But when you say that, you need to be able to say precisely how they're doing that.
[01:21:41.480 --> 01:21:52.760] Well, if they're getting inspecting and they're not getting 100% on their inspections, that's
[01:21:52.760 --> 01:21:53.760] a problem.
[01:21:53.760 --> 01:22:00.240] Then you can claim that they're creating a hazard for you.
[01:22:00.240 --> 01:22:02.920] They're just not always getting caught at it.
[01:22:02.920 --> 01:22:09.720] First thing to go to is this, oh, wait, no, we're not, we don't have ordinances here.
[01:22:09.720 --> 01:22:13.400] We don't have the ordinance claim, so we can't go to that first.
[01:22:13.400 --> 01:22:18.880] I don't have it right on me, but it was, I was reading, I went to the TDLR, which is
[01:22:18.880 --> 01:22:23.680] the Texas Drillers, whatever, and it showed the law, the code that they had to follow.
[01:22:23.680 --> 01:22:30.640] And in their code, I'm not quoting it exactly because, I mean, it was just kind of, I read
[01:22:30.640 --> 01:22:33.520] it but I didn't pay a whole lot of attention to it.
[01:22:33.520 --> 01:22:40.240] But it did say it must be a real threat, not a perceived threat, a real threat.
[01:22:40.240 --> 01:22:47.440] So if the driller, the threat is, the real threat is I'm drinking surface water, that's
[01:22:47.440 --> 01:22:48.840] a real threat.
[01:22:48.840 --> 01:22:57.480] Okay, I understand their concern about a well too close to a septic system.
[01:22:57.480 --> 01:23:03.520] I used to live in Tennessee and there was a hill that everybody said was haunted.
[01:23:03.520 --> 01:23:10.480] Everybody that lived there died of undulant fever.
[01:23:10.480 --> 01:23:21.600] And they had a cistern that was relatively, that was fed by spring water.
[01:23:21.600 --> 01:23:29.920] And they had the outhouse downhill from where the house was.
[01:23:29.920 --> 01:23:38.080] And it turned out that the spring water traveled uphill, past that outhouse, and then back
[01:23:38.080 --> 01:23:41.160] downhill to where their well was.
[01:23:41.160 --> 01:23:49.040] So anything that percolates down, they're concerned about, but if you put in a cased
[01:23:49.040 --> 01:23:51.440] well, then that's not an issue.
[01:23:51.440 --> 01:23:52.440] Correct.
[01:23:52.440 --> 01:23:53.440] So-
[01:23:53.440 --> 01:23:58.560] And there's that imaging that proves beyond a shaft full of a doubt that it's a shaft.
[01:23:58.560 --> 01:24:02.840] It's not, I mean, it's a shaft straight down, 2,700 foot.
[01:24:02.840 --> 01:24:08.040] There's no sign of an aquifer or anything, it's just a shaft and still going.
[01:24:08.040 --> 01:24:13.440] So they can't claim that it's, you know, I'm going to get infiltration because water has
[01:24:13.440 --> 01:24:14.440] to-
[01:24:14.440 --> 01:24:18.960] Well, okay, this really drives the question.
[01:24:18.960 --> 01:24:27.720] How far down does, do surface contaminants percolate into the soil?
[01:24:27.720 --> 01:24:31.440] The soil acts as a filter.
[01:24:31.440 --> 01:24:38.640] That's why groundwater is, that's why aquifer water is generally so pure and pristine.
[01:24:38.640 --> 01:24:49.240] So how far down, if you have a septic system and you have a leach field, how far down do
[01:24:49.240 --> 01:24:56.080] the contaminants from the leach field percolate before they're completely digested?
[01:24:56.080 --> 01:24:57.560] They know that.
[01:24:57.560 --> 01:25:03.800] They got specs on that.
[01:25:03.800 --> 01:25:12.240] And you can probably find specifications on casing wells for this purpose.
[01:25:12.240 --> 01:25:17.680] It's almost certainly in the water code.
[01:25:17.680 --> 01:25:20.360] Have you looked for that?
[01:25:20.360 --> 01:25:21.360] I will now.
[01:25:21.360 --> 01:25:28.000] Yeah, there's got to be, there's got to be research and there's got to be specifications
[01:25:28.000 --> 01:25:30.760] for being able to do that.
[01:25:30.760 --> 01:25:39.640] So you find them specifications, then you sue them, you care what they want to do.
[01:25:39.640 --> 01:25:49.000] You sue them in a district court and ask the court to order them to authorize the fair
[01:25:49.000 --> 01:25:52.400] use of your property.
[01:25:52.400 --> 01:25:59.720] So long as you do it, have it done within the code that exists.
[01:25:59.720 --> 01:26:03.680] I have a design for an above ground grease trap.
[01:26:03.680 --> 01:26:08.600] Nobody's ever seen one of those.
[01:26:08.600 --> 01:26:13.640] And I went to the grease trap inspectors and they never seen anything like this.
[01:26:13.640 --> 01:26:20.240] Instead of digging a hole in the ground, putting a grease trap out there and plumbing all your
[01:26:20.240 --> 01:26:23.560] drainage except the toilet into that grease trap.
[01:26:23.560 --> 01:26:24.560] That's the way everybody does it.
[01:26:24.560 --> 01:26:28.360] That's the way they've done it for 150 years.
[01:26:28.360 --> 01:26:34.880] The original grease trap design, the big concrete grease traps they put in the ground, that
[01:26:34.880 --> 01:26:38.800] design was patented in 1871.
[01:26:38.800 --> 01:26:41.240] They still do it the same way.
[01:26:41.240 --> 01:26:44.680] So I come to them and I say, you don't have to put it on the ground, put it above ground.
[01:26:44.680 --> 01:26:46.480] Oh, we can't do it.
[01:26:46.480 --> 01:26:47.480] We can't do that.
[01:26:47.480 --> 01:26:48.800] We started looking at the codes.
[01:26:48.800 --> 01:26:51.760] Of course you can do that.
[01:26:51.760 --> 01:27:01.240] Up north, they put in basements and often the basement is below the sewage line.
[01:27:01.240 --> 01:27:05.680] So if they put a toilet in the basement, they put a sewage ejector pump.
[01:27:05.680 --> 01:27:10.200] And the sewage ejector pump pumps it up into the sewer line.
[01:27:10.200 --> 01:27:14.120] That's already in code.
[01:27:14.120 --> 01:27:20.320] So I proposed to them something they've never done before, but was able to go back and show
[01:27:20.320 --> 01:27:26.080] them, here's the code that says you can do each one of these things.
[01:27:26.080 --> 01:27:31.960] So you're gonna have code on casing a pipe, a casing a water well.
[01:27:31.960 --> 01:27:37.040] If you're in an area where the ground itself, you're in a swampy area where the ground
[01:27:37.040 --> 01:27:48.360] is putrid and hardly fit for a cistern, the case the well, that's already in the code.
[01:27:48.360 --> 01:27:50.560] For a swamp, that's exactly right.
[01:27:50.560 --> 01:27:54.360] That's exactly right, cuz that'd be comparable to a septic field.
[01:27:54.360 --> 01:27:57.360] It's all anaerobic.
[01:27:57.360 --> 01:27:58.480] It'd be similar.
[01:27:58.480 --> 01:27:59.480] You're right.
[01:27:59.480 --> 01:28:00.480] Yeah.
[01:28:00.480 --> 01:28:07.480] So you got code, you have the specification somewhere, and your water guy, your well driller
[01:28:07.480 --> 01:28:11.160] should be able to help you find it.
[01:28:11.160 --> 01:28:13.720] Sure.
[01:28:13.720 --> 01:28:21.080] Then once you take that to them, and if they don't go for that, then you sue them.
[01:28:21.080 --> 01:28:29.640] Okay, so do I sue for the individual that's saying no, if that's whoever that is?
[01:28:29.640 --> 01:28:34.480] No, no, you can sue the district for this.
[01:28:34.480 --> 01:28:38.480] This is for declaratory judgment, unless you wanna sue them for money.
[01:28:38.480 --> 01:28:41.040] Okay, so the district-
[01:28:41.040 --> 01:28:48.080] But if you're more interested in getting your well in, then you sue them for declaratory
[01:28:48.080 --> 01:28:49.080] judgment.
[01:28:49.080 --> 01:28:50.080] Yep.
[01:28:50.080 --> 01:28:55.960] You don't ask for damages, but you cost them a lot of money by hammering their lawyer.
[01:28:55.960 --> 01:28:59.840] And when the lawyer screws up, you sue the lawyer.
[01:28:59.840 --> 01:29:05.000] Now, he's gonna have a million-dollar rider.
[01:29:05.000 --> 01:29:18.600] And here's how that works, if you heard of the Stowars Doctrine, S-T-O-W-E-R-S, Stowars
[01:29:18.600 --> 01:29:19.600] Doctrine.
[01:29:19.600 --> 01:29:23.200] Okay, I've heard of it now.
[01:29:23.200 --> 01:29:27.800] Here's what the Stowars Doctrine says, if you're insuring a party and they get sued,
[01:29:27.800 --> 01:29:30.600] then you take over the litigation.
[01:29:30.600 --> 01:29:35.600] If the other side offers a settlement that's within your range of coverage, and you don't
[01:29:35.600 --> 01:29:40.440] accept that settlement, because you think you can do better, then you lose in court,
[01:29:40.440 --> 01:29:45.640] and you get charged three times that amount, you have to pay the whole thing.
[01:29:45.640 --> 01:29:51.600] So the insurance company wants to settle, and their lawyer wants it settled.
[01:29:51.600 --> 01:29:58.600] So they're low-hanging food, hang on, Randy Kelton, Brett Fountain, we'll be right back.
[01:29:58.600 --> 01:30:05.440] Sorry, soft drink lovers, even diet drinks can make you fat.
[01:30:05.440 --> 01:30:10.040] A new study shows that diet soda drinkers gain much more weight than people who avoid
[01:30:10.040 --> 01:30:11.040] the stuff.
[01:30:11.040 --> 01:30:15.800] I'm Dr. Catherine Albrecht, and I'll be back in a moment with a scoop on supposedly skinny
[01:30:15.800 --> 01:30:16.800] sodas.
[01:30:16.800 --> 01:30:18.680] Privacy is under attack.
[01:30:18.680 --> 01:30:23.080] When you give up data about yourself, you'll never get it back again, and once your privacy
[01:30:23.080 --> 01:30:27.080] is gone, you'll find your freedoms will start to vanish, too.
[01:30:27.080 --> 01:30:32.200] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.200 --> 01:30:34.840] Privacy, it's worth hanging on to.
[01:30:34.840 --> 01:30:39.120] This public service announcement is brought to you by StartPage.com, the private search
[01:30:39.120 --> 01:30:42.660] engine alternative to Google, Yahoo, and Bing.
[01:30:42.660 --> 01:30:46.200] Start over with StartPage.
[01:30:46.200 --> 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 --> 01:31:00.920] They found that regularly drinking diet soda expanded people's waistlines five times more
[01:31:00.920 --> 01:31:02.640] than no soda at all.
[01:31:02.640 --> 01:31:07.440] The study's authors say artificial sweeteners trigger the appetite, but unlike regular sugars,
[01:31:07.440 --> 01:31:09.600] don't deliver anything to squelch it.
[01:31:09.600 --> 01:31:14.560] Waking up hunger without satisfying it leads to cravings, which can result in a larger overall
[01:31:14.560 --> 01:31:15.960] calorie intake.
[01:31:15.960 --> 01:31:20.400] So use natural sweeteners to maintain a healthy weight, and if you need to shed some pounds,
[01:31:20.400 --> 01:31:23.600] avoid the sweet stuff altogether and drink water instead.
[01:31:23.600 --> 01:31:25.640] I'm Dr. Catherine Albrecht.
[01:31:25.640 --> 01:31:30.440] More news and information at CatherineAlbrecht.com.
[01:31:30.440 --> 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.
[01:31:38.040 --> 01:31:42.880] However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.880 --> 01:31:46.160] Over 6,000 of my fellow service members have given their lives.
[01:31:46.160 --> 01:31:48.320] Thousands of my fellow first responders are dying.
[01:31:48.320 --> 01:31:49.800] I'm not a conspiracy theorist.
[01:31:49.800 --> 01:31:50.800] I'm a structural engineer.
[01:31:50.800 --> 01:31:52.160] I'm a New York City correction officer.
[01:31:52.160 --> 01:31:53.160] I'm an Air Force pilot.
[01:31:53.160 --> 01:31:54.800] I'm a father who lost his son.
[01:31:54.800 --> 01:31:57.400] We're Americans, and we deserve the truth.
[01:31:57.400 --> 01:32:02.040] Go to RememberBuilding7.org today.
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[01:33:23.800 --> 01:33:48.160] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio on this Friday, the 22nd
[01:33:48.160 --> 01:33:55.160] of September, 2023, and we're talking to Wayne in Texas.
[01:33:55.160 --> 01:34:00.960] And Wayne, this is kind of stuff I like to do, I like to figure these things out.
[01:34:00.960 --> 01:34:11.920] So you may have an effective path forward if your water guy should be able to give everything
[01:34:11.920 --> 01:34:21.040] you need he should have, to go to the board and let them turn you down, you don't care,
[01:34:21.040 --> 01:34:24.000] and then you sue them.
[01:34:24.000 --> 01:34:30.560] And you can always sue a governmental agency for declaratory judgment, they have no immunity
[01:34:30.560 --> 01:34:32.200] for that.
[01:34:32.200 --> 01:34:41.920] They only have immunity from certain suits for damages, and municipalities and local
[01:34:41.920 --> 01:34:47.800] entities are different than state officials, they're not states.
[01:34:47.800 --> 01:34:57.080] I have been researching before I sued these judges, I researched out immunity.
[01:34:57.080 --> 01:35:06.800] I wasn't looking specifically to county and municipal immunity, but I did come across
[01:35:06.800 --> 01:35:14.080] some case law that said that they were not state officials for this purpose, that they
[01:35:14.080 --> 01:35:18.920] didn't enjoy the same immunity that state officials did.
[01:35:18.920 --> 01:35:22.200] But have to research that out further.
[01:35:22.200 --> 01:35:30.800] But you may have a path forward that doesn't require you to go after any of these guys.
[01:35:30.800 --> 01:35:41.360] And all you have to do is sue the board for a court order ordering them to grant you,
[01:35:41.360 --> 01:35:46.520] you may not need a variance, I started to say grant a variance, but as a matter of fact
[01:35:46.520 --> 01:35:52.920] if it's in the code, you may not need a variance.
[01:35:52.920 --> 01:35:59.880] It may be all be there and they just don't know about it.
[01:35:59.880 --> 01:36:11.360] If you take them the code, then they may look at it and say, yeah, we can do this.
[01:36:11.360 --> 01:36:22.560] Okay, so I had to pay 500 bucks just for a permit for them to say no and I knew they
[01:36:22.560 --> 01:36:23.560] were going to say no.
[01:36:23.560 --> 01:36:32.240] So then to go before and I have to pay another 750 bucks, how do you like that?
[01:36:32.240 --> 01:36:39.920] Well, if they want to charge you 750 bucks, just sue them.
[01:36:39.920 --> 01:36:42.760] Okay.
[01:36:42.760 --> 01:36:50.800] Are you required to, is there any law that requires you to go to the second hearing?
[01:36:50.800 --> 01:36:58.520] That's their administrative process, but they haven't given me any input on how to remedy
[01:36:58.520 --> 01:37:00.480] the problem.
[01:37:00.480 --> 01:37:03.440] All they want me to do is give more money than go talk to the board.
[01:37:03.440 --> 01:37:10.400] That's like, I need a little bit more than that before I give you $750.
[01:37:10.400 --> 01:37:16.800] Okay, what did they, who did you go before and what did they tell you?
[01:37:16.800 --> 01:37:19.720] Well, I gave them my information.
[01:37:19.720 --> 01:37:22.240] I told them what I needed.
[01:37:22.240 --> 01:37:24.720] Did you go before this board?
[01:37:24.720 --> 01:37:27.320] No, no, no.
[01:37:27.320 --> 01:37:32.680] They wanted me to request a better word of variance.
[01:37:32.680 --> 01:37:36.800] So I told them up front, I go, I'm requesting a permit.
[01:37:36.800 --> 01:37:40.360] It was a spacing requirements.
[01:37:40.360 --> 01:37:41.720] I wasn't within the spacing requirements.
[01:37:41.720 --> 01:37:44.520] So they said, oh yeah, we're denied to go.
[01:37:44.520 --> 01:37:48.240] I told you that in the first place, I'm the guy who told you it wasn't within spacing
[01:37:48.240 --> 01:37:49.240] requirements.
[01:37:49.240 --> 01:37:52.280] I'm asking what I can do to fix it.
[01:37:52.280 --> 01:37:58.720] And I told them my whole story, the whole spiel and they didn't want to, all I got back
[01:37:58.720 --> 01:38:03.680] when I started asking specifically what code gives you authority to do this, then I got
[01:38:03.680 --> 01:38:07.320] the reply back with the lawyer copied on it.
[01:38:07.320 --> 01:38:12.080] And personally, I thought that was kind of baratree because I didn't ask that lawyer
[01:38:12.080 --> 01:38:15.720] to be put on the email and it was copied on it.
[01:38:15.720 --> 01:38:19.680] And he should have wrote back, said, you know what, I don't, this was a mistake, please
[01:38:19.680 --> 01:38:20.680] take my name off it.
[01:38:20.680 --> 01:38:21.680] I didn't get a reply back.
[01:38:21.680 --> 01:38:26.200] So I plan on bargaining with that guy.
[01:38:26.200 --> 01:38:33.920] I figure I can at least just to get my feet wet and then start from there, but for sure
[01:38:33.920 --> 01:38:34.920] I haven't done anything.
[01:38:34.920 --> 01:38:35.920] I want to do everything all at once.
[01:38:35.920 --> 01:38:44.120] But when I do it, I'm thinking they just told me, they didn't tell me what I could do to
[01:38:44.120 --> 01:38:45.120] remedy it.
[01:38:45.120 --> 01:38:49.360] They just said, Hey, you're not within, within the foot requirements.
[01:38:49.360 --> 01:38:53.200] You know, you're, you're supposed to be 50 feet from your neighbor.
[01:38:53.200 --> 01:38:54.200] You're 30.
[01:38:54.200 --> 01:38:58.760] You're 50 feet from the septic field, you're 33.
[01:38:58.760 --> 01:39:02.400] And the way they found out about the septic field, they came out with a guy, he did dowsing
[01:39:02.400 --> 01:39:03.400] and he found it.
[01:39:03.400 --> 01:39:04.400] Otherwise.
[01:39:04.400 --> 01:39:08.400] I mean, I was told it was on the other side of the freaking tree by my neighbor.
[01:39:08.400 --> 01:39:15.760] So I didn't, I thought I could, I can come out and does it like I did too.
[01:39:15.760 --> 01:39:19.960] I could find it too, but I didn't know they're going to doubt.
[01:39:19.960 --> 01:39:20.960] I didn't know.
[01:39:20.960 --> 01:39:22.800] Have you, have you doused it?
[01:39:22.800 --> 01:39:23.800] Yeah.
[01:39:23.800 --> 01:39:28.280] It's exactly, there's a exactly where the boot heel mark in the ground is, is where
[01:39:28.280 --> 01:39:29.280] I get it is.
[01:39:29.280 --> 01:39:30.280] And it's 33 feet.
[01:39:30.280 --> 01:39:36.520] So it looks accurate to me.
[01:39:36.520 --> 01:39:39.960] Could your driller cross drill?
[01:39:39.960 --> 01:39:44.680] They brought, they brought a couple of people out to check everything out because they were
[01:39:44.680 --> 01:39:46.960] going to first just deny me sight unseen.
[01:39:46.960 --> 01:39:48.600] I go, look, I gave you 500 bucks.
[01:39:48.600 --> 01:39:50.160] You're just going to give me my money back.
[01:39:50.160 --> 01:39:55.440] So they sent a group out here to verify everything.
[01:39:55.440 --> 01:39:58.580] And they found a reason to say no, and they went back and they're happy.
[01:39:58.580 --> 01:40:01.720] But the thing is I want to drill a well.
[01:40:01.720 --> 01:40:06.560] Like you say, I'll have to figure out how to drill it in a swampy area.
[01:40:06.560 --> 01:40:07.560] They do it all the time.
[01:40:07.560 --> 01:40:12.720] I didn't even think about that.
[01:40:12.720 --> 01:40:21.600] So it's in, it's got to be in the code, so find it in the code and then bring the driller.
[01:40:21.600 --> 01:40:27.040] These guys probably hadn't thought of that either, and they probably never had this issue
[01:40:27.040 --> 01:40:28.880] come up before.
[01:40:28.880 --> 01:40:36.680] So one of the things that I try to get people to do is don't start a fight unless you have
[01:40:36.680 --> 01:40:37.680] to.
[01:40:37.680 --> 01:40:45.400] If you can schmooze these guys and give them a viable way of giving you what you want,
[01:40:45.400 --> 01:40:50.480] there's a good chance they'll do that.
[01:40:50.480 --> 01:40:54.840] So I think what I'll do, I think I'll shoot an email and let them know I'm going to come
[01:40:54.840 --> 01:40:58.560] out because I want to come out uninvited or get out.
[01:40:58.560 --> 01:41:02.200] I know they're not going to want to talk to me.
[01:41:02.200 --> 01:41:07.920] So I'm still going to have to go out there and just, I'm going to have to get in front
[01:41:07.920 --> 01:41:08.920] of them.
[01:41:08.920 --> 01:41:17.120] Well, get a well driller out there and ask him, what do you do if you're drilling in
[01:41:17.120 --> 01:41:19.800] a place with contaminated soil?
[01:41:19.800 --> 01:41:20.800] Yeah.
[01:41:20.800 --> 01:41:24.160] Yeah, I'll ask.
[01:41:24.160 --> 01:41:25.160] What are their requirements?
[01:41:25.160 --> 01:41:30.600] What are the specs on casing a well to block out any potential contamination?
[01:41:30.600 --> 01:41:33.120] They're going to have something for that.
[01:41:33.120 --> 01:41:34.120] Sure.
[01:41:34.120 --> 01:41:40.880] So they just might not have thought of it because it's not something they do very often.
[01:41:40.880 --> 01:41:45.280] So let's say they dig in their heels and they get a good case of being stupid, right?
[01:41:45.280 --> 01:41:47.640] They just want to fight and they don't want to-
[01:41:47.640 --> 01:41:48.640] That's easy.
[01:41:48.640 --> 01:41:49.640] It's easy enough.
[01:41:49.640 --> 01:41:54.480] You just sue them for declaratory judgment.
[01:41:54.480 --> 01:41:57.360] So we get the declaratory judgment.
[01:41:57.360 --> 01:42:05.280] Well, what you do is you sue them and ask the court to order them to grant you to approve
[01:42:05.280 --> 01:42:14.320] your well because it falls within code.
[01:42:14.320 --> 01:42:21.920] Am I losing you?
[01:42:21.920 --> 01:42:24.560] Yeah, no, I'm writing.
[01:42:24.560 --> 01:42:29.560] Yeah, so if there's got to be code for this and once you find that code and put the code
[01:42:29.560 --> 01:42:36.960] in front of them, they cannot arbitrarily or capriciously deny you in your right to
[01:42:36.960 --> 01:42:41.480] do this so long as you're within their code.
[01:42:41.480 --> 01:42:42.480] That's right.
[01:42:42.480 --> 01:42:45.520] And they should have never denied it in the first place.
[01:42:45.520 --> 01:42:46.520] Right.
[01:42:46.520 --> 01:42:49.160] And they had a duty to know that.
[01:42:49.160 --> 01:42:54.920] But first, get your permit and get drilled, then you can go back and sue them for not
[01:42:54.920 --> 01:43:03.360] giving it to you in the first place if you want to, if you want to have that fight.
[01:43:03.360 --> 01:43:11.760] Who would I still sue for that one, them as the district or would I go after the individuals
[01:43:11.760 --> 01:43:12.760] with that?
[01:43:12.760 --> 01:43:19.640] Well, that you'd go after the district.
[01:43:19.640 --> 01:43:22.440] The district had a duty to do it.
[01:43:22.440 --> 01:43:26.120] They're the ones that can pay you.
[01:43:26.120 --> 01:43:27.760] Whoever got the money pays.
[01:43:27.760 --> 01:43:30.480] If you sue the individuals, you might not get much.
[01:43:30.480 --> 01:43:32.040] They might not have much.
[01:43:32.040 --> 01:43:33.040] Got it.
[01:43:33.040 --> 01:43:34.040] Okay.
[01:43:34.040 --> 01:43:38.040] Do you have anything else for us?
[01:43:38.040 --> 01:43:39.800] No, that's perfect.
[01:43:39.800 --> 01:43:40.800] Thanks, Randy.
[01:43:40.800 --> 01:43:41.800] Okay.
[01:43:41.800 --> 01:43:46.960] This is Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:43:46.960 --> 01:43:51.240] We'll have one space on the board, but we've got three callers.
[01:43:51.240 --> 01:43:55.080] You've got Tina, John in New York, and Ralph in Texas.
[01:43:55.080 --> 01:43:56.680] We'll get to all of you.
[01:43:56.680 --> 01:44:00.480] We'll be right back.
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[01:46:23.240 --> 01:46:31.800] Okay, cameras lurking around, come on, sing, Jerry, come on.
[01:46:31.800 --> 01:46:47.320] As we sow, so shall we reap, so many crucial words get put on hold while we see, try as
[01:46:47.320 --> 01:46:57.960] we will, just very small steps to the giant mead, as we sow, so shall we reap.
[01:46:57.960 --> 01:47:05.800] Okay, we are back, Randy Kelton, Gret Fountain Rule of Law Radio on this Friday, the 22nd
[01:47:05.800 --> 01:47:11.960] day of September, 2023, and we're going to Tina in California.
[01:47:11.960 --> 01:47:12.920] Hello, Ms. Tina.
[01:47:12.920 --> 01:47:14.920] What do you have for us today?
[01:47:14.920 --> 01:47:18.040] Well, I have a question for you.
[01:47:19.880 --> 01:47:31.400] In my current appeal and leading up to the oral argument, I had posted a notice to the court,
[01:47:32.680 --> 01:47:38.760] basically, under rule one of- Wait, hold on, Tina, you're a little muffled.
[01:47:39.960 --> 01:47:42.200] Are you on that hands-free device again?
[01:47:42.200 --> 01:47:46.680] No, I turned it off specifically for you.
[01:47:48.040 --> 01:47:54.600] Okay, well, just to show you how much I appreciate you, I put in my second hearing aid.
[01:47:55.160 --> 01:47:56.440] Well, then you should.
[01:47:57.400 --> 01:47:58.760] Oh, you sound much better now.
[01:47:59.960 --> 01:48:01.160] There you go.
[01:48:01.160 --> 01:48:02.360] It's all your fault, Randy.
[01:48:02.360 --> 01:48:05.160] You have been very childish to me and I won't allow it.
[01:48:08.280 --> 01:48:10.120] But I am going to call this judge.
[01:48:10.120 --> 01:48:14.600] I'm gonna find a way to call this judge childish when I get to him on October the 11th.
[01:48:16.360 --> 01:48:18.600] You better be ready to be on that hearing.
[01:48:19.640 --> 01:48:20.440] Oh, okay.
[01:48:21.640 --> 01:48:28.200] Yes, 1.30 PM on October the 11th is when my oral argument is gonna be and it's gonna be a doozy.
[01:48:29.400 --> 01:48:30.520] I can promise you that.
[01:48:31.480 --> 01:48:35.080] Let's see if we can fill up their board.
[01:48:36.200 --> 01:48:37.320] Oh, it would be wonderful.
[01:48:37.320 --> 01:48:41.560] The other side has asked for eight minutes because they think they're just going to say,
[01:48:41.560 --> 01:48:47.880] oh, she's just one of these, you know, deadbeats and it's all bought by residue to Carter
[01:48:48.440 --> 01:48:51.240] and what's the other thing and litigation privilege.
[01:48:51.240 --> 01:48:53.320] That's the only thing they can ever come up with.
[01:48:54.040 --> 01:48:56.040] And I got 30 minutes.
[01:48:56.040 --> 01:49:00.040] I asked for the maximum and I got it after being denied the first time.
[01:49:00.600 --> 01:49:02.040] So we'll see what happens.
[01:49:02.040 --> 01:49:03.240] It'll be very interesting.
[01:49:03.240 --> 01:49:07.480] But in the meantime, I put in a request.
[01:49:07.480 --> 01:49:16.600] I'm trying to get them to take notice of the exhibit that I could not present to the
[01:49:17.880 --> 01:49:22.280] trial court because they were deliberately hidden from me.
[01:49:22.280 --> 01:49:27.960] I only discovered them through being able to get hold of my loan file,
[01:49:27.960 --> 01:49:33.480] but it shows completely the fraud and where they are basically admitting to it.
[01:49:34.200 --> 01:49:40.440] So the first time I asked for augmentation of the records, the judge just denied it outright.
[01:49:40.440 --> 01:49:42.920] So I put it in two or three times in different ways.
[01:49:42.920 --> 01:49:44.200] No, they were not allowing it.
[01:49:44.760 --> 01:49:50.200] And so I put it in again in a different way and the court said,
[01:49:50.200 --> 01:49:54.200] well, you know, I think you're trying to put a motion in.
[01:49:54.200 --> 01:49:55.400] No, it's not a motion.
[01:49:55.400 --> 01:49:56.600] I don't need a motion.
[01:49:56.600 --> 01:50:07.640] I need the court to see this to help aid them in their deliberation during the oral argument.
[01:50:08.200 --> 01:50:16.120] So we did it because they did a nonch protunk when they changed their own order,
[01:50:16.120 --> 01:50:17.880] because I called them out on it.
[01:50:18.840 --> 01:50:22.680] They said that the clerks have the right to do this.
[01:50:22.680 --> 01:50:26.840] So I asked for an administrative nonch protunk pursuant to rule 103,
[01:50:27.560 --> 01:50:32.520] ruling on evidence, preserving the claim of constitutional structural errors of the
[01:50:32.520 --> 01:50:37.960] court and fraudulent concealment of evidence as appellants exhibits to the
[01:50:37.960 --> 01:50:43.560] augment and designation of the record, intentional concealed and missing files
[01:50:43.560 --> 01:50:49.240] to assist this appellant court during the oral argument to reach an informed decision.
[01:50:49.240 --> 01:50:53.160] So the court clerk said, well, they denied it yesterday.
[01:50:53.880 --> 01:50:55.320] You've got, it's got to be a motion.
[01:50:55.320 --> 01:50:59.800] We don't understand what you're asking the court to do and asking you to just read it.
[01:51:00.280 --> 01:51:04.200] This is what's going to help the judges reach a decision.
[01:51:04.680 --> 01:51:07.720] Well, we don't understand and you've got to do it this way.
[01:51:07.720 --> 01:51:12.360] Well, I had a friend on the phone and she wasn't having any of that.
[01:51:12.360 --> 01:51:17.160] And they didn't like that I had someone else on the phone with me when I was talking to them.
[01:51:17.160 --> 01:51:20.600] So we said, well, okay, well, we'll just mail it in.
[01:51:20.600 --> 01:51:27.880] If you don't accept it by email, we'll mail it in, which I'm in the process of doing this 55 pages.
[01:51:28.600 --> 01:51:30.120] And I'll be doing that tomorrow.
[01:51:30.600 --> 01:51:34.760] But I also emailed it through true filing last night.
[01:51:36.040 --> 01:51:39.320] They have not put it on the docket.
[01:51:39.320 --> 01:51:44.840] They have not denied it or returned it all today.
[01:51:44.840 --> 01:51:47.240] I've been watching my emails.
[01:51:47.240 --> 01:51:49.640] They have done nothing with it.
[01:51:50.680 --> 01:51:52.680] What can I do with anything?
[01:51:52.680 --> 01:51:53.720] What does that mean?
[01:51:53.720 --> 01:52:00.280] If anything, when they denied my notice to the court to be on the docket.
[01:52:03.800 --> 01:52:11.080] Too specific to California law for me to be able to address.
[01:52:11.080 --> 01:52:22.440] Well, when you do something through true filing, it's automatically sent to the clerk in the normal
[01:52:22.440 --> 01:52:32.040] process of things, they either denied it, you know, the next day, like if you file it late at night,
[01:52:32.680 --> 01:52:37.880] it goes to them the next morning and they usually send a notice to you by email.
[01:52:37.880 --> 01:52:43.320] Your filing has been declined, denied, or whatever, and they give a reason for it.
[01:52:43.320 --> 01:52:46.120] Or they say your filing has been accepted.
[01:52:46.120 --> 01:52:47.640] It's one of the two.
[01:52:48.600 --> 01:52:49.160] Okay.
[01:52:49.160 --> 01:52:58.680] Have you addressed the court, the clerk, and to find out what the disposition of this is?
[01:52:59.800 --> 01:53:03.400] Well, no, because I was waiting until the end of the day because they
[01:53:03.400 --> 01:53:09.800] absolutely have always sent some kind of notice the next day.
[01:53:10.680 --> 01:53:14.120] If you file it in the morning, they address it by the late afternoon.
[01:53:14.120 --> 01:53:17.480] If you file it after five o'clock, they address it the next day.
[01:53:18.600 --> 01:53:22.040] They may say we had someone out sick.
[01:53:22.040 --> 01:53:24.520] We were shorthanded, blah, blah, blah.
[01:53:26.040 --> 01:53:31.560] So you might wait till Monday morning and they'll send it to you.
[01:53:31.560 --> 01:53:37.480] Wait till Monday morning and give them a call and ask them about the disposition of this case.
[01:53:38.040 --> 01:53:41.080] Before you go down there and start a fight, there might actually be a good reason.
[01:53:41.080 --> 01:53:44.680] They might have actually had somebody sick or something wrong.
[01:53:44.680 --> 01:53:46.840] There's some reason they couldn't keep up.
[01:53:49.560 --> 01:53:56.840] Well, that's a remote possibility, but based on the call that this friend and I had with them,
[01:53:56.840 --> 01:54:01.000] they weren't too happy that we were calling out the clerks.
[01:54:03.560 --> 01:54:10.440] You know, we've already filed a complaint against them, and that's when they finally came up with
[01:54:10.440 --> 01:54:18.040] this nunk-pro-tunk change of order, and immediately after that, they changed their mind on the oral
[01:54:18.040 --> 01:54:20.680] argument from denying it to allowing it.
[01:54:20.680 --> 01:54:27.880] So, I was just wondering if there's any kind of rule that says they must address this within 24 hours?
[01:54:30.760 --> 01:54:31.640] Doubt it.
[01:54:32.520 --> 01:54:33.020] Okay.
[01:54:34.040 --> 01:54:39.800] 24 hours to get a court to address anything, unless it's a dire emergency.
[01:54:39.800 --> 01:54:41.960] That's very unlikely.
[01:54:41.960 --> 01:54:49.560] But if it goes completely against their common practice, they have never, in all the years I've
[01:54:49.560 --> 01:54:57.000] been to the public court, they have never not filed something the next day, either denying it or
[01:54:57.000 --> 01:54:59.240] accepting it, not ever.
[01:55:01.640 --> 01:55:07.000] And they may be PO'd at you, but if you call them, contact them Monday,
[01:55:07.000 --> 01:55:13.000] and address this issue the way you've addressed it here, that this has never happened before,
[01:55:13.800 --> 01:55:21.400] so you're concerned that there may be some issue, let them know you're on top of them.
[01:55:22.600 --> 01:55:24.040] Okay, I'll do that.
[01:55:24.600 --> 01:55:29.160] In the meantime, tomorrow, I'm going to mail it in, because when you mail something in and they
[01:55:29.160 --> 01:55:31.320] receive it, they have to log it in.
[01:55:31.320 --> 01:55:39.240] Apparently, when you email it and do true filing or whatever email they give you to do this,
[01:55:39.800 --> 01:55:45.560] they can deny it, but what I've learned is when you actually mail it,
[01:55:46.200 --> 01:55:48.360] they have to admit it into the record.
[01:55:50.760 --> 01:55:51.260] Good.
[01:55:52.760 --> 01:55:57.080] You might go ahead and put one in the mail, and they'll be able to do that.
[01:55:57.080 --> 01:56:03.960] Then you might go ahead and put one in the mail Monday and then call them at the same time
[01:56:05.160 --> 01:56:10.040] and ask if there was a problem and tell them that you've mailed one in case there's a problem with
[01:56:10.040 --> 01:56:11.240] the email.
[01:56:12.200 --> 01:56:17.240] I'm planning to email it, to mail it in tomorrow through priority mail,
[01:56:17.240 --> 01:56:19.800] because that way I can track the minute they get it.
[01:56:20.600 --> 01:56:24.120] That would work, so they'll have your mailed version.
[01:56:25.240 --> 01:56:25.740] Yes.
[01:56:25.740 --> 01:56:29.500] And you call them, oh, gee whiz, is there something wrong?
[01:56:30.460 --> 01:56:31.820] This didn't get posted.
[01:56:32.540 --> 01:56:35.660] You guys are always so diligent about posting these.
[01:56:35.660 --> 01:56:39.020] I was concerned something was wrong, so I mailed you one.
[01:56:39.020 --> 01:56:39.820] That's a good idea.
[01:56:42.140 --> 01:56:43.580] I will do that.
[01:56:44.380 --> 01:56:54.940] And lastly, I was on my local talk radio show the other night talking about our local charity and
[01:56:54.940 --> 01:56:58.220] the event we have coming up called The Celebration of Freeze.
[01:56:58.860 --> 01:57:07.900] And I'd been on the week before talking about, you know, the con and all the foreclosure issues.
[01:57:07.900 --> 01:57:14.940] And I had lunch with the producer today, and he wants me to come on starting late October to talk
[01:57:16.140 --> 01:57:22.620] on a series of issues on the corruption in our court, the foreclosure, the litigation privilege.
[01:57:22.620 --> 01:57:35.580] I actually handed him three pages today to just show him it was about the banks and their fines.
[01:57:36.460 --> 01:57:38.300] It's called the Violation Trutter.
[01:57:38.860 --> 01:57:41.100] And it runs into the billions.
[01:57:41.740 --> 01:57:44.380] And he said, well, what am I looking at here?
[01:57:44.380 --> 01:57:46.620] And I said, look at those figures.
[01:57:47.980 --> 01:57:49.740] Look at what the numbers mean.
[01:57:50.620 --> 01:57:52.140] And that's the violations.
[01:57:52.140 --> 01:57:53.900] That's the fines they paid.
[01:57:54.620 --> 01:57:56.540] Oh, and you're trying to run me off the cliff.
[01:57:56.540 --> 01:57:58.060] And I'm not going to allow it, Wendy.
[01:57:58.060 --> 01:57:59.900] No, you know, you got about 45 seconds.
[01:58:01.020 --> 01:58:04.860] Well, anyway, he was totally shocked at the amount.
[01:58:04.860 --> 01:58:09.660] And he wants me to come on a series of these and talk about it.
[01:58:09.660 --> 01:58:17.100] And then he will call people in or, you know, to people who call in can question and make
[01:58:17.100 --> 01:58:18.060] comments and everything.
[01:58:18.060 --> 01:58:23.500] So I will wait a minute. Are you becoming a famous radio star?
[01:58:26.140 --> 01:58:32.220] I don't think it's famous, but he was my professor of critical thinking back in 1987,
[01:58:32.220 --> 01:58:34.060] 88 here in South Valley.
[01:58:34.060 --> 01:58:36.220] So we've connected again.
[01:58:37.100 --> 01:58:40.860] Yeah. So he likes me to come on the show because he said people listen.
[01:58:42.060 --> 01:58:43.020] Okay. Okay. Okay.
[01:58:43.020 --> 01:58:46.060] Hang on. We're about to go to our sponsors, Randy Kelly and Brett Fountain.
[01:58:46.060 --> 01:58:49.980] We'll be right back.
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