ROL_2024-10-04_16k.timecode
[00:00.000 --> 00:18.000] Bad boys! Whatcha gonna do when Sheriff John Brown come for you?
[00:18.000 --> 00:23.000] Tell me, what you wanna do, what you gonna do?
[00:26.000 --> 00:29.000] Bad boys, bad boys, what you gonna do?
[00:29.000 --> 00:31.000] What you gonna do when they come for you?
[00:31.000 --> 00:34.000] Bad boys, bad boys, what you gonna do?
[00:34.000 --> 00:37.000] What you gonna do when they come for you?
[00:37.000 --> 00:40.000] When you were eight and you had bad traits
[00:40.000 --> 00:43.000] You go to school and learn the golden rule
[00:43.000 --> 00:46.000] So why are you acting like a bloody fool?
[00:46.000 --> 00:48.000] If you get hot, then you must get cool
[00:48.000 --> 00:51.000] Bad boys, bad boys, what you gonna do?
[00:51.000 --> 00:54.000] What you gonna do when they come for you?
[00:54.000 --> 00:57.000] Bad boys, bad boys, what you gonna do?
[00:57.000 --> 01:00.000] What you gonna do when they come for you?
[01:00.000 --> 01:02.000] You chuck it on that one, you chuck it on this one
[01:02.000 --> 01:05.000] You chuck it on your mother, and you chuck it on your father
[01:05.000 --> 01:08.000] You chuck it on your brother, and you chuck it on your sister
[01:08.000 --> 01:10.000] You chuck it on that one, and you chuck it on me
[01:10.000 --> 01:13.000] Bad boys, bad boys, what you gonna do?
[01:13.000 --> 01:16.000] Whatcha gonna do when they come for you?
[01:16.000 --> 01:19.000] Bad boys, bad boys, whatcha gonna do?
[01:19.000 --> 01:21.000] Whatcha gonna do when they come for you?
[01:21.000 --> 01:24.000] Bad boys, bad boys, whatcha gonna do?
[01:24.000 --> 01:26.000] Whatcha gonna do when they come for you?
[01:26.000 --> 01:28.000] Okay, howdy, howdy.
[01:28.000 --> 01:30.000] Randy Kelton, Brett Felton.
[01:30.000 --> 01:36.000] On this, the fourth day of Octobober 2024,
[01:36.000 --> 01:38.000] this Friday,
[01:38.000 --> 01:41.000] and our four-hour info marathon.
[01:41.000 --> 01:44.000] I've got the phones on, and we have a caller already.
[01:44.000 --> 01:45.000] Brett!
[01:45.000 --> 01:47.000] Wow, that was quick.
[01:47.000 --> 01:48.000] Mark?
[01:48.000 --> 01:49.000] Yes?
[01:49.000 --> 01:51.000] That Brett...
[01:52.000 --> 01:56.000] Troublemaker got himself pulled over again.
[01:57.000 --> 01:59.000] Yep, troublemaker.
[02:01.000 --> 02:05.000] I just went on a 2400-mile road trip,
[02:05.000 --> 02:09.000] and didn't have one policeman bother me about one thing.
[02:09.000 --> 02:15.000] Come back into Texas, and yeah, got pulled over.
[02:15.000 --> 02:19.000] Well, you know, I guess he had his reason, I suppose.
[02:19.000 --> 02:26.000] This is one of those disregard traffic control devices, he said.
[02:27.000 --> 02:31.000] It's when you don't come to a complete stop at a stop sign.
[02:32.000 --> 02:36.000] This is one of those stop signs that's out in the middle of
[02:37.000 --> 02:41.000] Nowheresville, in a couple of country roads in Texas,
[02:41.000 --> 02:45.000] where you can see for miles in each direction,
[02:45.000 --> 02:49.000] you can see way out there, and you know there's nobody coming.
[02:50.000 --> 02:54.000] Except there's a little clump of bushes that's good for hiding a cruiser.
[02:56.000 --> 03:00.000] So, yeah, I came through there, and I didn't stop.
[03:00.000 --> 03:03.000] And he pulled me over.
[03:04.000 --> 03:08.000] And when he ran my name,
[03:10.000 --> 03:13.000] he just decided to...
[03:14.000 --> 03:18.000] Well, just try and come to a complete stop next time.
[03:18.000 --> 03:21.000] I'll just give you this warning, and then we'll judge. That's just it.
[03:21.000 --> 03:23.000] You have a nice night.
[03:24.000 --> 03:26.000] So, I really appreciated that.
[03:26.000 --> 03:30.000] I was really glad that we didn't have to go to another level of,
[03:30.000 --> 03:34.000] while I'm in the middle of writing paperwork for the last one,
[03:34.000 --> 03:38.000] start another level and put his name on it, too.
[03:39.000 --> 03:44.000] You probably had a red diagonal line across your case that said,
[03:44.000 --> 03:47.000] do not detain.
[03:49.000 --> 03:52.000] Well, I'd like to think so. I don't know.
[03:52.000 --> 03:56.000] I wish I could find a definitive answer to that.
[03:56.000 --> 03:58.000] Like, what is it that they see?
[03:58.000 --> 04:02.000] Because, you know, as much as we're able to request public records about things,
[04:02.000 --> 04:05.000] these are things that we can't seem to get a hold of.
[04:05.000 --> 04:10.000] Like, what does it look like for these guys when they pull us over
[04:10.000 --> 04:16.000] and when they do these technically unconstitutional searches?
[04:16.000 --> 04:20.000] Hey, I have a cop friend I'm helping with a lawsuit.
[04:20.000 --> 04:25.000] He wants me to do a ride-along with him.
[04:26.000 --> 04:28.000] I may just do that.
[04:28.000 --> 04:30.000] Huh, cool.
[04:30.000 --> 04:32.000] Then I can find this stuff out.
[04:32.000 --> 04:36.000] Right. That would be great.
[04:36.000 --> 04:40.000] I may do that. I also have something.
[04:40.000 --> 04:45.000] I was helping Dr. Joe with his airplane they stole.
[04:45.000 --> 04:49.000] The Victoria County stole it.
[04:49.000 --> 04:54.000] And I sent an information request to the chief of police.
[04:54.000 --> 04:58.000] Now, the chief of police knows me.
[04:58.000 --> 05:06.000] When he was the assistant chief, I called in about an issue
[05:06.000 --> 05:14.000] and wound up talking to him, and we had made a comment about what the law required.
[05:14.000 --> 05:17.000] And the guy was real cordial,
[05:17.000 --> 05:23.000] and I wound up going through this whole thing of due process with him.
[05:23.000 --> 05:27.000] And he was sitting there with his code book.
[05:27.000 --> 05:30.000] When I quoted a statue, he looked it up.
[05:30.000 --> 05:33.000] And he even quoted where I got a word out of.
[05:33.000 --> 05:37.000] He showed me where I had a word out of place once.
[05:37.000 --> 05:40.000] He was clearly looking them up.
[05:40.000 --> 05:47.000] And when I got done, he said, Mr. Kelton, you should be teaching this.
[05:47.000 --> 05:51.000] And I said, I am.
[05:51.000 --> 05:55.000] He kind of laughed, but it was a good conversation.
[05:55.000 --> 05:57.000] I appreciated the guy.
[05:57.000 --> 06:03.000] I'm stuffing his codes down his throat, and he's not copping an attitude.
[06:03.000 --> 06:05.000] So I was really pleased with it.
[06:05.000 --> 06:06.000] He's now the chief.
[06:06.000 --> 06:08.000] That's what I really appreciated about this guy.
[06:08.000 --> 06:12.000] His name was Lunsford, and he did not have an attitude.
[06:12.000 --> 06:16.000] He wasn't trying to escalate, and I really appreciate that.
[06:16.000 --> 06:23.000] When we have somebody who's personable and human about it,
[06:23.000 --> 06:25.000] like you're describing this fellow.
[06:25.000 --> 06:31.000] And I think it won't be hard to get them all to be that way.
[06:31.000 --> 06:35.000] It's something I'm working on with the traffic ticket site.
[06:35.000 --> 06:40.000] With Victoria County, I sent in an information request.
[06:40.000 --> 06:45.000] See, they came out and arrested Dr. Joe on a warrant.
[06:45.000 --> 06:51.000] And he was in the terminal in this small local county airport.
[06:51.000 --> 06:53.000] Did they really have a warrant?
[06:53.000 --> 06:55.000] Yeah, they had a warrant.
[06:55.000 --> 06:58.000] It really existed at the time, or they backdated it afterwards?
[06:58.000 --> 07:01.000] Oh, they really existed at the time.
[07:01.000 --> 07:04.000] Was it an arrest warrant or a search warrant?
[07:04.000 --> 07:06.000] It was an arrest warrant.
[07:06.000 --> 07:09.000] Well, then that didn't involve any plane.
[07:09.000 --> 07:11.000] You're right. It was getting to that.
[07:12.000 --> 07:16.000] The airplane was on the other side of the airport at an FOB.
[07:16.000 --> 07:18.000] An FOB is a fixed base operator.
[07:18.000 --> 07:20.000] FBO.
[07:20.000 --> 07:22.000] Sorry, FBO.
[07:22.000 --> 07:25.000] And he had parked it over there.
[07:25.000 --> 07:28.000] He knew the owner, and he was a friend of his.
[07:28.000 --> 07:30.000] So they're on the other side of the airport.
[07:30.000 --> 07:33.000] They're not in this vehicle.
[07:33.000 --> 07:37.000] So they arrested Dr. Joe, and he had a pilot there.
[07:37.000 --> 07:40.000] Dr. Joe didn't fly the airplane. He had a pilot with him.
[07:40.000 --> 07:46.000] And this James Poe, this police officer,
[07:46.000 --> 07:50.000] would not let the pilot fly the airplane out.
[07:50.000 --> 07:54.000] So he seized the airplane.
[07:54.000 --> 07:58.000] And they wound up giving it to someone
[07:58.000 --> 08:02.000] who had a document filed in the record
[08:02.000 --> 08:06.000] stating that she had no claim or interest in the airplane.
[08:06.000 --> 08:08.000] We know they did that.
[08:08.000 --> 08:10.000] We know they did it.
[08:10.000 --> 08:15.000] And then she sold a $75,000 airplane for $10,000.
[08:15.000 --> 08:18.000] And friends of Dr. Joe's sent them letters,
[08:18.000 --> 08:22.000] sent Esther letters telling her not to sell it
[08:22.000 --> 08:27.000] and sent letters to the guy buying it telling him not to buy it.
[08:27.000 --> 08:30.000] And he did anyway.
[08:30.000 --> 08:31.000] So we know that happened.
[08:31.000 --> 08:34.000] But as far as the city of Victoria is concerned,
[08:34.000 --> 08:36.000] we don't know anything.
[08:36.000 --> 08:41.000] What we do know is that James Poe arrested Dr. Joe,
[08:41.000 --> 08:50.000] and James Poe refused to let Dr. Joe's pilot fly his airplane home.
[08:50.000 --> 08:53.000] And then the airplane disappeared.
[08:53.000 --> 08:54.000] Right.
[08:54.000 --> 08:56.000] The pilot wasn't under arrest.
[08:56.000 --> 09:00.000] The plane wasn't involved in any kind of search
[09:00.000 --> 09:02.000] or in-rem action or anything.
[09:03.000 --> 09:10.000] So what I wanted to know is what was the disposition of the airplane.
[09:10.000 --> 09:13.000] So I put in a request to the Victoria Police Department
[09:13.000 --> 09:18.000] asking for all of the records in the property department
[09:18.000 --> 09:25.000] of the police office concerning the impoundment of the aircraft.
[09:25.000 --> 09:28.000] And the lawyer for the city of Victoria
[09:28.000 --> 09:33.000] sent in a request for an opinion from the state attorney general.
[09:33.000 --> 09:37.000] But something was glaring by its absence.
[09:37.000 --> 09:45.000] There was no notice in there that she had included the documents in question.
[09:45.000 --> 09:49.000] She just claimed that she could retain them,
[09:49.000 --> 09:55.000] that they were restricted from release under the Open Records Act
[09:55.000 --> 09:58.000] and wanted an opinion from the state attorney general.
[09:58.000 --> 10:01.000] So she didn't produce the records.
[10:01.000 --> 10:04.000] That's an incomplete note to the attorney general.
[10:04.000 --> 10:07.000] The attorney general has to look at the actual records that are being...
[10:07.000 --> 10:08.000] Yeah, that was my...
[10:08.000 --> 10:10.000] That they intend to withhold.
[10:10.000 --> 10:13.000] That's what the law says very clearly.
[10:13.000 --> 10:20.000] I sent an opposition stating that I noticed that the custodian
[10:20.000 --> 10:27.000] did not note to the attorney general that the records in question were included.
[10:27.000 --> 10:30.000] And I requested these records
[10:30.000 --> 10:36.000] because I have reason to believe that the records don't exist.
[10:36.000 --> 10:39.000] That's why I asked for the records,
[10:39.000 --> 10:45.000] because I think they seized the airplane and never turned it into property,
[10:45.000 --> 10:49.000] subsequently disposed of the airplane.
[10:49.000 --> 10:53.000] So I get a response from the attorney general.
[10:53.000 --> 10:55.000] Listen to this one.
[10:55.000 --> 10:59.000] After reviewing your arguments and the submitted information,
[10:59.000 --> 11:06.000] we have determined your request does not present a novel or complex issue.
[11:06.000 --> 11:11.000] Thus, we are addressing your claims in a memorandum opinion.
[11:11.000 --> 11:15.000] You claim the submitted information may be withheld
[11:15.000 --> 11:21.000] from the requester pursuant to section 552-108-A2,
[11:25.000 --> 11:27.000] Texas government code.
[11:27.000 --> 11:32.000] Upon review of your arguments, the submitted information and the submitted information,
[11:32.000 --> 11:41.000] this memorandum opinion was not written for the city of Victoria.
[11:41.000 --> 11:43.000] It was written for the...
[11:43.000 --> 11:47.000] Oh, it is the city of Victoria.
[11:47.000 --> 11:49.000] I thought it was written for someone else.
[11:49.000 --> 11:51.000] Oh, interesting.
[11:51.000 --> 11:54.000] So it's even worse that they asked for an opinion.
[11:54.000 --> 11:59.000] This says reviewing your submitted information under section 552-108-A2.
[11:59.000 --> 12:04.000] Are you saying that this is a different request from the city of Victoria previously?
[12:04.000 --> 12:06.000] No, I thought it was.
[12:06.000 --> 12:13.000] This is a direct answer to her request.
[12:13.000 --> 12:17.000] It said, however, you must release the basic information
[12:17.000 --> 12:21.000] pursuant to 552.108C.
[12:21.000 --> 12:32.000] And 552.108A2 only goes to information concerning the investigation or prosecution.
[12:32.000 --> 12:33.000] Look that up.
[12:33.000 --> 12:34.000] Let me pull that up.
[12:34.000 --> 12:45.000] It was clear that the impoundment records were the...
[12:45.000 --> 12:47.000] Okay, I have to read what...
[12:47.000 --> 12:49.000] I should have had that up already.
[12:49.000 --> 12:59.000] That 108C went to just normal records kept by the court.
[12:59.000 --> 13:01.000] Administrative?
[13:01.000 --> 13:03.000] Let me look up.
[13:03.000 --> 13:05.000] Adjudicative?
[13:05.000 --> 13:12.000] Texas Gov Code 508.
[13:12.000 --> 13:20.000] 552.108.
[13:20.000 --> 13:22.000] I just had it up.
[13:22.000 --> 13:26.000] Well, I've got it.
[13:26.000 --> 13:37.000] Read 108.552.108A2.
[13:37.000 --> 13:46.000] A2, information that deals with the detection, investigation, or prosecution of crime
[13:46.000 --> 13:54.000] only in relation to an investigation that did not result in conviction or deferred adjudication.
[13:54.000 --> 13:55.000] Okay.
[13:55.000 --> 13:57.000] We looked at that piece before.
[13:57.000 --> 13:59.000] That fits this case.
[14:24.000 --> 14:25.000] Okay.
[14:25.000 --> 14:26.000] That's it.
[14:26.000 --> 14:27.000] That's it.
[14:27.000 --> 14:28.000] That's it.
[14:28.000 --> 14:29.000] That's it.
[14:29.000 --> 14:30.000] That's it.
[14:30.000 --> 14:31.000] That's it.
[14:31.000 --> 14:32.000] That's it.
[14:32.000 --> 14:33.000] That's it.
[14:33.000 --> 14:34.000] That's it.
[14:34.000 --> 14:35.000] That's it.
[14:35.000 --> 14:36.000] That's it.
[14:36.000 --> 14:37.000] That's it.
[14:37.000 --> 14:38.000] That's it.
[14:38.000 --> 14:39.000] That's it.
[14:39.000 --> 14:40.000] That's it.
[14:40.000 --> 14:41.000] That's it.
[14:41.000 --> 14:42.000] That's it.
[14:42.000 --> 14:43.000] That's it.
[14:43.000 --> 14:44.000] That's it.
[14:44.000 --> 14:45.000] That's it.
[14:45.000 --> 14:46.000] That's it.
[14:46.000 --> 14:47.000] That's it.
[14:47.000 --> 14:48.000] That's it.
[14:48.000 --> 14:49.000] That's it.
[14:49.000 --> 14:50.000] That's it.
[14:50.000 --> 14:51.000] That's it.
[14:51.000 --> 14:52.000] That's it.
[14:52.000 --> 14:53.000] That's it.
[14:53.000 --> 14:54.000] That's it.
[14:54.000 --> 14:55.000] That's it.
[14:55.000 --> 14:56.000] That's it.
[14:56.000 --> 14:57.000] That's it.
[14:57.000 --> 14:58.000] That's it.
[15:27.000 --> 15:28.000] That's it.
[15:57.000 --> 15:58.000] That's it.
[15:58.000 --> 15:59.000] That's it.
[15:59.000 --> 16:00.000] That's it.
[16:00.000 --> 16:01.000] That's it.
[16:01.000 --> 16:02.000] That's it.
[16:02.000 --> 16:03.000] That's it.
[16:03.000 --> 16:04.000] That's it.
[16:04.000 --> 16:05.000] That's it.
[16:05.000 --> 16:06.000] That's it.
[16:06.000 --> 16:07.000] That's it.
[16:07.000 --> 16:08.000] That's it.
[16:08.000 --> 16:09.000] That's it.
[16:09.000 --> 16:10.000] That's it.
[16:10.000 --> 16:11.000] That's it.
[16:11.000 --> 16:12.000] That's it.
[16:12.000 --> 16:13.000] That's it.
[16:13.000 --> 16:14.000] That's it.
[16:14.000 --> 16:15.000] That's it.
[16:15.000 --> 16:16.000] That's it.
[16:16.000 --> 16:17.000] That's it.
[16:17.000 --> 16:18.000] That's it.
[16:18.000 --> 16:19.000] That's it.
[16:19.000 --> 16:20.000] That's it.
[16:20.000 --> 16:21.000] That's it.
[16:21.000 --> 16:22.000] That's it.
[16:22.000 --> 16:51.680] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio.
[16:52.360 --> 16:57.640] We're talking to ourselves, generally say who we're talking to, this time we're talking
[16:57.640 --> 16:59.640] to ourselves.
[16:59.640 --> 17:08.640] 108C is the one that said that they said that they must release records, we conclude you
[17:08.640 --> 17:15.940] may withhold submitted, the submitted information under 552-108-2, however, you must release
[17:15.940 --> 17:25.740] the basic informations pursuant to section 552-108-C. 108C says this section does not
[17:25.740 --> 17:32.900] exempt from the requirements of 552.021, information that is basic information about
[17:32.900 --> 17:36.660] an arrested person, an arrest or a crime.
[17:36.660 --> 17:42.700] The governmental body shall promptly release basic information responsive to a request.
[17:42.700 --> 17:46.060] We asked for the impoundment records.
[17:46.060 --> 17:48.380] That's nothing to do with that.
[17:48.380 --> 17:52.560] So she didn't provide us any records.
[17:52.560 --> 17:56.820] This was issued on the 16th of September.
[17:56.820 --> 18:03.060] This is now the 4th of October and we don't have them.
[18:03.060 --> 18:08.380] So they've passed that line, the 353 line.
[18:09.060 --> 18:14.580] I'm going to bar-grieve the prosecutor, you know, the first thing we think about is file
[18:14.580 --> 18:26.860] criminal charges against her for violating the act and 552.353 says it's an official
[18:26.860 --> 18:30.740] misconduct, a Class A misdemeanor.
[18:30.740 --> 18:32.740] So who do we file against?
[18:32.740 --> 18:40.940] We could file against the lawyer who did this, but the Open Records Act does not require
[18:40.940 --> 18:43.260] the lawyer to give me those records.
[18:43.260 --> 18:45.900] Exactly, even though the lawyers get involved.
[18:45.900 --> 18:50.300] Yeah, it requires the chief of police to do that.
[18:50.300 --> 18:51.300] Exactly.
[18:51.300 --> 18:58.300] The director or the appointed head or elected head, it specifically is speaking to a head
[18:58.300 --> 18:59.300] of an agency.
[18:59.300 --> 19:02.420] It's the custodian, the official custodian of the record.
[19:02.420 --> 19:09.740] Now they can appoint someone else's custodian of the record, but at the end of the day,
[19:09.740 --> 19:13.060] they are still responding at Superior.
[19:13.060 --> 19:20.900] So this makes it better because I doubt that the chief of police knows anything about this.
[19:20.900 --> 19:27.340] This was all done by, through his subordinates, whoever handles records for the police department.
[19:27.340 --> 19:32.580] But since he's responding at Superior, I file criminal charges against him and sue
[19:32.580 --> 19:36.060] him personally.
[19:36.060 --> 19:38.740] So what's he going to do?
[19:38.740 --> 19:40.220] Squeal like a stuck pig.
[19:40.220 --> 19:46.740] Oh, he'll jump up and down and whine and moan, but is he going to throw his appointed custodian
[19:46.740 --> 19:51.340] of the record under this bus?
[19:51.340 --> 19:58.580] I should send him a dime.
[19:58.580 --> 20:00.140] We put him on this dime.
[20:00.140 --> 20:08.420] Either you deal with the prosecution and the lawsuit in your individual capacity, or you
[20:08.420 --> 20:15.900] throw your employee under the bus, but that won't help you because you're responding
[20:15.900 --> 20:18.780] at Superior.
[20:18.780 --> 20:23.580] You're responsible for training and managing those personnel.
[20:23.580 --> 20:29.500] So the presumption is, is your personnel are doing exactly what you told them to do.
[20:29.500 --> 20:37.460] Oh, but wait, Randy, does he have, he may be thinking, oh, I can fall back on my qualified
[20:37.460 --> 20:38.460] immunity.
[20:38.460 --> 20:43.140] Yeah, good luck with that, Bubba.
[20:44.060 --> 20:52.340] We've been down that road, and this is still something that sort of mystifies me.
[20:52.340 --> 20:59.820] The attorney general, in their response to my suit against all these high-level judges,
[20:59.820 --> 21:08.060] claimed under 12b1, 12b1 goes to immunity from suit, it must be the first thing pled.
[21:08.060 --> 21:12.820] If it's not pled first, it's waived.
[21:12.820 --> 21:23.060] They claimed official immunity under Texas Civil Practice and Remedies Code 104.001.
[21:23.060 --> 21:33.620] But that says the state shall indemnify a public official suit in their official capacity.
[21:33.620 --> 21:35.620] Wait a minute.
[21:35.620 --> 21:38.620] They didn't say immunize.
[21:38.620 --> 21:41.100] Immunize within scope.
[21:41.140 --> 21:45.460] It would have said that I can't sue them at all.
[21:45.460 --> 21:53.740] So even if I sued them for acting within scope, this doesn't say they're immune from my suit.
[21:53.740 --> 22:00.180] It says that if I get a claim against them, then the state can pay the claim.
[22:00.180 --> 22:04.820] That's what indemnify means.
[22:04.820 --> 22:09.140] So how did they get to immunity?
[22:09.180 --> 22:13.420] I can't find immunity at all.
[22:13.420 --> 22:18.740] Eddie Craig has got a tool he can search the entire legal database with.
[22:18.740 --> 22:26.220] He searched the entire statutory database for Texas and found the word immunity to occur
[22:26.220 --> 22:39.100] twice, both out of local rules in Henderson County, nowhere in Texas statute, anywhere
[22:39.460 --> 22:42.540] does the word immunity appear.
[22:42.540 --> 22:46.180] Yeah, but did you look up deity?
[22:46.180 --> 22:48.180] I did forget that one.
[22:48.180 --> 22:51.940] Wait a minute, wait a minute, we're the deity.
[22:51.940 --> 22:55.940] This is a republic.
[22:55.940 --> 22:57.340] We're the sovereign.
[22:57.340 --> 22:59.540] Everybody answers to us.
[22:59.540 --> 23:03.340] Of course, I'm just thinking about the way that they view themselves.
[23:03.340 --> 23:04.780] Exactly.
[23:04.780 --> 23:08.300] So what I'm thinking of is the politics.
[23:08.460 --> 23:14.580] What I'm thinking is if I sue the chief of police in his personal capacity for something
[23:14.580 --> 23:21.060] he didn't know anything about, what does he do?
[23:21.060 --> 23:28.100] If he argues that he's innocent, then okay, if you didn't do this, who did?
[23:28.100 --> 23:37.100] You are the director of the agency, who are you going to throw under the bus?
[23:37.100 --> 23:41.540] So we put him on a big time dime.
[23:41.540 --> 23:50.940] He either eats this himself, throws his employee under the bus, or gets the city to file a
[23:50.940 --> 24:04.220] notice of interest so that the city can indemnify them, pay the bill.
[24:05.180 --> 24:10.460] I don't know if he can think outside the box to do that, get the city to step in.
[24:11.260 --> 24:13.820] I'm sure that's the first thing he's going to want.
[24:13.820 --> 24:15.820] You guys got to cover my behind here.
[24:17.580 --> 24:18.780] I work for you guys.
[24:18.780 --> 24:25.340] The first thing they try to do is just grasp at this non-existent immunity.
[24:25.340 --> 24:26.860] They go for that first.
[24:26.860 --> 24:28.700] Yeah, they're going to go for that, and I hope they do.
[24:29.660 --> 24:35.420] So I sue him in his personal capacity, and they go for this immunity,
[24:36.220 --> 24:38.460] and I come back with there is no such thing.
[24:40.380 --> 24:41.420] You guys made that up.
[24:43.900 --> 24:49.820] There is indemnity, so if I win my lawsuit, the state can pay for it.
[24:50.460 --> 24:52.780] If you were in scope.
[24:54.380 --> 25:01.420] I'm going to sue him for acting inside scope because I want the, even if he's not in scope,
[25:02.140 --> 25:07.180] if the city files a notice of interest, then they can indemnify him.
[25:09.420 --> 25:12.540] Well, I want them to indemnify him because I want them to write me a check.
[25:12.540 --> 25:19.580] If I get too far out, I'll be like my first suit.
[25:20.460 --> 25:24.300] Everybody will just rule against me, and I'll have to go all the way up to the supreme,
[25:25.180 --> 25:27.900] and I don't want to spend five years getting to the supreme.
[25:27.900 --> 25:29.020] I want them to write me a check.
[25:30.860 --> 25:32.460] Get me to go away and leave him alone.
[25:35.740 --> 25:38.620] And I've almost got my traffic side up.
[25:39.580 --> 25:41.180] I'm building the templates now.
[25:41.180 --> 25:45.660] We have the structure in place where it'll output documents.
[25:45.660 --> 25:47.820] Now I just need to load in all the documents,
[25:49.020 --> 25:52.620] and you fill out the ticket information, it'll spit everything out.
[25:54.300 --> 25:56.460] We've got a whole process for how to handle this.
[25:58.140 --> 26:03.100] Take all these tickets with you when you, all these motions with you when you go to
[26:04.060 --> 26:09.180] your first appearance, and they will send you to talk to the prosecuting attorney.
[26:10.140 --> 26:14.460] And the first thing you tell the prosecutor is, I got all these motions I need to file.
[26:15.260 --> 26:19.660] And the prosecutor is going to tell you, well, you need to file those with the clerk.
[26:20.620 --> 26:23.900] And you say, oh, wow, well, thank you very much.
[26:24.700 --> 26:30.780] But just so you know, I'm going to expect you to file a written answer to each one of them,
[26:30.780 --> 26:34.380] and he's going to tell you he's not required to, and you're going to say you know that.
[26:35.340 --> 26:38.940] But for each one you don't, I'm going to bar grave you.
[26:40.380 --> 26:43.020] So what was that you wanted to talk about?
[26:46.060 --> 26:49.660] He came in with two pair, you just pull three of a kind.
[26:49.660 --> 26:50.460] Let's play both.
[26:51.820 --> 26:55.180] Brett Fountain, Rule of Law Radio, we'll be right back.
[27:04.380 --> 27:06.460] Have they negatively affected our health?
[27:06.460 --> 27:09.900] I'm Dr. Catherine Albrecht, and I'll be back in just a moment with new findings
[27:09.900 --> 27:13.340] about how cell phones may actually alter our brain chemistry.
[27:14.140 --> 27:15.980] Privacy is under attack.
[27:15.980 --> 27:19.580] When you give up data about yourself, you'll never get it back again.
[27:19.580 --> 27:24.380] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[27:24.380 --> 27:29.660] So protect your rights, say no to surveillance, and keep your information to yourself.
[27:29.660 --> 27:32.140] Privacy, it's worth hanging on to.
[27:32.140 --> 27:35.740] This public service announcement is brought to you by Startpage.com,
[27:35.740 --> 27:39.820] the private search engine alternative to Google, Yahoo, and Bing.
[27:39.820 --> 27:41.740] Start over with Startpage.
[27:43.420 --> 27:46.780] Cell phones emit radio frequency energy, it's a fact.
[27:46.780 --> 27:50.620] But whether it's dangerous to have a phone beaming this kind of radiation near your head
[27:50.620 --> 27:51.820] has been disputed.
[27:51.820 --> 27:56.220] Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[27:56.220 --> 28:00.540] Well, now the Journal of the American Medical Association is confirming that cell phones
[28:00.540 --> 28:01.900] affect brain chemistry.
[28:01.980 --> 28:07.100] A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[28:07.100 --> 28:10.620] to the cell phone antenna increases when the cell phone is on.
[28:10.620 --> 28:14.780] While researchers aren't sure whether this exposure causes damage, I'm not taking any
[28:14.780 --> 28:15.580] chances.
[28:15.580 --> 28:19.100] I always keep the phone far from my body, and I use a corded headset.
[28:19.660 --> 28:21.020] I'm Dr. Catherine Albrecht.
[28:21.020 --> 28:23.740] More news and information at CatherineAlbrecht.com.
[28:31.900 --> 28:33.900] September 11, 2001.
[28:33.900 --> 28:37.500] Most people don't know that a third tower fell on September 11.
[28:37.500 --> 28:41.660] World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[28:41.660 --> 28:45.580] Although the official explanation is that fire brought down Building 7.
[28:45.580 --> 28:49.420] Over 1,200 architects and engineers have looked into the evidence.
[28:49.420 --> 28:51.260] And believe there is more to the story.
[28:51.260 --> 28:52.780] Bring justice to my son.
[28:52.780 --> 28:53.340] My uncle.
[28:53.340 --> 28:53.900] My nephew.
[28:53.900 --> 28:54.460] My son.
[28:54.460 --> 28:56.700] Go to buildingwhat.org.
[28:56.700 --> 28:59.180] Why it fell, why it matters, and what you can do.
[28:59.420 --> 29:04.460] Are you looking to have a closer relationship with God and a better understanding of his word?
[29:04.460 --> 29:09.740] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for
[29:09.740 --> 29:15.900] Scripture Talk, where Nana and her guests discuss the scriptures in accord with 2 Timothy 2.15.
[29:15.900 --> 29:20.940] Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly
[29:20.940 --> 29:22.460] dividing the word of truth.
[29:22.460 --> 29:27.340] Starting in January, our first hour studies are in the Book of Mark, where we'll go verse
[29:28.300 --> 29:31.740] by verse and discuss the true gospel message.
[29:31.740 --> 29:36.540] Our second hour topical studies will vary each week with discussions on sound doctrine
[29:36.540 --> 29:38.220] and Christian character development.
[29:38.780 --> 29:43.340] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[29:43.340 --> 29:47.820] Our goal is to strengthen our faith and to transform ourselves more into the likeness
[29:47.820 --> 29:49.340] of our Lord and Savior Jesus.
[29:49.900 --> 29:53.660] So tune in to Scripture Talk live on LogosRadioNetwork.com,
[29:53.660 --> 29:58.860] on Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the scriptures.
[30:53.660 --> 31:09.180] Okay, we are back.
[31:09.180 --> 31:11.180] Randy Kaltenberg at Fountain Wheel Radio.
[31:11.180 --> 31:18.140] And all that stuff I was talking about is, you know, we keep saying that you can never
[31:18.140 --> 31:22.300] expect to win your case simply because you have the law and the facts on your side.
[31:24.300 --> 31:25.740] Think so is naive.
[31:25.740 --> 31:30.220] You can expect to win your case if you have the politics on your side and all politics
[31:30.220 --> 31:31.180] is local.
[31:31.180 --> 31:37.660] So when I looked at this stuff, instead of getting mad at them, feeling mistreated and
[31:37.660 --> 31:42.860] disparaged, I thought, how can I use this to beat them up?
[31:44.460 --> 31:52.780] How can I embarrass them and put the city in a position to where they need to protect
[31:52.780 --> 31:53.580] their own people?
[31:54.460 --> 32:04.940] See, I set up Poe to if the city cannot provide us with records showing that the aircraft
[32:04.940 --> 32:09.980] was put into property, then Poe stole it.
[32:11.980 --> 32:12.700] He didn't have-
[32:12.700 --> 32:14.060] That's what it clearly looks like.
[32:14.700 --> 32:15.660] Yeah, he just stole it.
[32:17.100 --> 32:22.620] Even from the moment when he said to the pilot, no, you're not allowed to take off.
[32:23.260 --> 32:26.540] The pilot had to get somebody to come down and pick him up all the way from Dallas.
[32:26.540 --> 32:32.780] It's like 700 miles, 400 miles, seven hour drive.
[32:34.140 --> 32:42.300] So if the city, if it didn't take it into property, and that's why I needed those records,
[32:43.340 --> 32:44.620] then Poe stole it.
[32:45.500 --> 32:50.220] And the city, this is a city employee, one of their police officers, they're going to
[32:50.220 --> 32:52.780] want to indemnify him, they're going to want to protect him.
[32:55.180 --> 32:58.700] So that was what the purpose was.
[32:59.420 --> 33:08.540] Now they gave me the chief on a silver platter, and the chief knows precisely who I am.
[33:10.620 --> 33:13.420] He knows I know the codes a whole lot better than he does.
[33:15.100 --> 33:17.580] So it's my hope that he'll tell him, you might ought to
[33:18.540 --> 33:20.620] just make a deal with this guy.
[33:20.620 --> 33:22.460] I think he's going to kick your behind.
[33:22.460 --> 33:23.260] That's what I hope.
[33:23.980 --> 33:26.620] Okay, enough of my war stories.
[33:28.060 --> 33:29.900] We've got three callers on the board.
[33:30.540 --> 33:33.340] We're going to go to Mark in Florida.
[33:33.340 --> 33:35.980] Mark, what do you have for us today?
[33:37.420 --> 33:38.060] Hi there.
[33:38.060 --> 33:43.500] I've been called in a long time, and I'm the guy who lives in Florida,
[33:43.500 --> 33:48.220] but used to live in New York, and has the labor and union case.
[33:50.220 --> 33:51.420] Okay, yeah, I remember that.
[33:51.420 --> 33:52.060] I remember that.
[33:52.060 --> 33:52.860] How is it going?
[33:53.980 --> 33:58.060] Well, I think I called you guys, and the judge dismissed all my claims
[33:59.580 --> 34:04.700] under 12d6 motions from the descendants, which was not-
[34:04.700 --> 34:06.380] Did you dismiss it with prejudice?
[34:07.500 --> 34:08.000] Yes.
[34:09.820 --> 34:12.300] Did you file a notice of appeal?
[34:13.820 --> 34:16.220] I did, and that's what I'm calling about tonight.
[34:17.020 --> 34:19.900] I also filed a motion for reconsideration,
[34:21.020 --> 34:25.420] and he dismissed that with a 17-page ruling,
[34:26.620 --> 34:30.140] but gave me some good material to work with,
[34:30.140 --> 34:34.140] because he finally had to try to answer a couple of my tough questions in there.
[34:34.860 --> 34:35.580] And he did.
[34:35.580 --> 34:36.300] Oh, good.
[34:36.300 --> 34:39.420] Pretty insufficient answers.
[34:39.420 --> 34:43.260] So that's what I'm trying to hone in on in the appeal.
[34:44.220 --> 34:46.380] And, you know, this is all new to me.
[34:46.380 --> 34:49.500] So when I get a big, you know, when he dismissed everything
[34:49.500 --> 34:53.100] with a big dismissal, the initial dismissal was 38 pages.
[34:54.300 --> 34:58.620] And, you know, I read through it two or three times,
[34:59.340 --> 35:02.700] but I just didn't really want to look at it.
[35:02.700 --> 35:06.300] Like it was just the same old baloney that the defendants have been saying most of it.
[35:09.740 --> 35:14.060] Did you go in and look up all the case law he cited?
[35:14.060 --> 35:17.100] Well, well, Randy, that's why I'm calling,
[35:17.100 --> 35:20.860] because I started really digging into that last week as I write the appeal,
[35:21.740 --> 35:23.020] which is due in three weeks.
[35:23.020 --> 35:25.660] So I've got some writing to do, and I'm doing it.
[35:28.060 --> 35:28.700] One of them.
[35:29.820 --> 35:31.980] So I like to call it word magic.
[35:33.020 --> 35:36.300] Other people might call it misrepresentation,
[35:36.300 --> 35:42.620] but he took a case, he cited it.
[35:44.140 --> 35:50.220] But what he wrote was plaintiff brings, quote,
[35:50.220 --> 35:54.140] a tortious interference claim where the alleged breach
[35:54.140 --> 35:58.940] is of the collective bargaining agreement, end quote, basically.
[35:59.580 --> 36:00.540] That's what he wrote.
[36:01.500 --> 36:05.260] The case that he cited says, quote,
[36:05.820 --> 36:09.660] this is unlike a tortious interference claim
[36:09.660 --> 36:11.980] where the alleged breach is of the CBA.
[36:14.620 --> 36:18.940] What they did was did a search for tortious interference and got this case.
[36:20.540 --> 36:23.260] They probably read the headnotes and didn't read the case.
[36:25.900 --> 36:28.220] That is, that's a good catch.
[36:28.940 --> 36:29.180] Yeah.
[36:31.100 --> 36:37.100] So one of the worst things they can do is send bad case law to the higher courts.
[36:39.420 --> 36:42.460] Thing that'll get a lawyer sanctioned quicker than anything
[36:43.340 --> 36:45.660] is to cite bad case law to the judge.
[36:47.020 --> 36:50.060] Because if the judge accepts your case law and trusts you
[36:50.700 --> 36:57.020] and sends it to the and rules in your favor and it gets appealed and it goes to the appellate court
[36:57.020 --> 37:00.940] and the appellate court reads the case and says, what the heck are you doing?
[37:02.860 --> 37:03.980] This is nonsense.
[37:05.340 --> 37:08.780] The judge is going to be really embarrassed and unhappy.
[37:09.980 --> 37:13.260] And he's going to cut a button off the lawyer's shirt to quote
[37:14.380 --> 37:15.260] Carmen Taylor.
[37:16.540 --> 37:23.180] So that bad case law is one of the worst things that a lawyer can do.
[37:23.660 --> 37:27.580] But it's an egg on the judge's face.
[37:27.580 --> 37:29.980] And the lawyers have a problem.
[37:31.980 --> 37:33.180] This goes to Westlaw.
[37:33.900 --> 37:38.700] 1995, before 1995, you had lawyers in general practice.
[37:40.140 --> 37:42.060] They would hang out their shingle.
[37:44.380 --> 37:51.900] In 1995, before that, they would go to a legal encyclopedia like Amjurus and one of the others.
[37:52.780 --> 37:57.980] And they would have 10 or 15 cases on a given point that everybody used.
[37:59.820 --> 38:02.540] And because it was so difficult doing case law
[38:03.340 --> 38:06.860] research, because you have to go down to the legal library.
[38:06.860 --> 38:13.420] And if I've got 93 U.S. 123, I think that's Young Doctor.
[38:14.460 --> 38:16.940] Then I'll go find the Southwest Reporter.
[38:17.740 --> 38:20.620] And then I'll go down, find book 93.
[38:21.260 --> 38:25.180] I'll take that to the table and open it up and go to page 123.
[38:25.180 --> 38:26.380] And then read through the case.
[38:26.380 --> 38:29.340] I go through the headnotes first and then go through the case.
[38:29.980 --> 38:35.180] And if I can use part of it, I go over to the photocopier and copy those pages out.
[38:36.860 --> 38:39.500] And times before that, you had to hand transcript it.
[38:41.180 --> 38:46.060] So they built all of these arguments because it took so much time and effort
[38:46.060 --> 38:47.020] to build them.
[38:47.020 --> 38:49.660] Once they had it built, everybody used it.
[38:50.940 --> 38:54.380] What if somebody got bad case law in one of them?
[38:55.340 --> 38:58.460] Well, if a lawyer catches them doing bad case law,
[38:59.980 --> 39:04.220] last thing he's going to do is run to the judge and say, hey, these guys use bad case law.
[39:05.340 --> 39:05.820] Reason?
[39:06.860 --> 39:07.740] If he screws up-
[39:07.740 --> 39:08.780] He does the same thing.
[39:09.500 --> 39:10.460] Exactly.
[39:10.460 --> 39:15.500] I was in the office with my county attorney who became the district attorney.
[39:15.500 --> 39:16.620] Now he's the county judge.
[39:17.580 --> 39:26.060] And I'm talking to him and he got a set of, he got a document from the American Bar Association
[39:26.060 --> 39:29.660] listing all of the sanctions they had preferred against lawyers.
[39:31.020 --> 39:31.980] He was cool.
[39:32.620 --> 39:36.620] He takes it out and he said, I just got this in the mail.
[39:36.620 --> 39:37.580] I haven't even looked at it.
[39:37.580 --> 39:41.500] And he opens it up and he reads this first, ooh, ooh, ooh, I've done that.
[39:44.300 --> 39:45.500] Ooh, I've done that too.
[39:47.100 --> 39:47.980] Every one of them.
[39:49.260 --> 39:50.540] He had done every one of them.
[39:52.620 --> 39:54.300] And he's kind of dodging it.
[39:54.300 --> 39:57.180] He was cringing when he's reading, yeah, I did that.
[39:57.180 --> 39:57.900] I've done that.
[39:59.180 --> 40:00.140] So that's the deal.
[40:01.500 --> 40:06.140] This lawyer knows that he's almost certainly got bad case law out there.
[40:07.740 --> 40:12.540] So the last thing he's going to do is point at somebody else's bad case law.
[40:13.900 --> 40:15.660] Because he don't want them doing it to him.
[40:17.580 --> 40:20.380] So we wind up with ChatGPT.
[40:22.220 --> 40:30.060] Go on ChatGPT and ask it to sort out this issue with citations.
[40:30.780 --> 40:32.060] And it lists these cases.
[40:33.260 --> 40:35.580] And you go check the cases and they're trash.
[40:38.300 --> 40:41.180] And I'm looking at this and what in the heck is going on?
[40:42.140 --> 40:45.420] Well, ChatGPT is looking over the internet,
[40:46.140 --> 40:52.140] finding someone speaking to this issue and citing the case law, the lawyer cited.
[40:52.140 --> 40:56.460] That is an indictment of the case law research we have.
[40:56.460 --> 40:57.340] We'll be right back.
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[42:38.140 --> 42:42.540] about the principles and practices that control our American courts.
[42:42.540 --> 42:48.780] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[42:48.780 --> 42:51.420] pro se tactics, and much more.
[42:51.420 --> 42:59.500] Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[43:08.300 --> 43:10.300] Oh
[43:23.980 --> 43:28.220] Always I must be careful what I'm wishing for
[43:29.580 --> 43:33.900] When I'm hungry, I like to know just what I'm fishing for
[43:34.540 --> 43:39.180] I ain't asking for much, I ain't trying to be no glutton
[43:40.620 --> 43:44.060] I'm just here making my living pushing buttons
[43:46.300 --> 43:51.980] I give my message out to anyone who's shot in distance
[43:51.980 --> 43:57.740] I vote for bravery and against slavery showing resistance
[43:57.740 --> 44:02.540] First I'm crawling, then I'm walking, then I start strutting
[44:02.540 --> 44:07.260] I'm just so glad to make my living pushing buttons
[44:20.700 --> 44:25.820] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Mark in Florida.
[44:26.060 --> 44:38.860] And after trying to work with ChatGPT, ChatGPT gives me really good explanations of things.
[44:39.660 --> 44:43.420] Using it, you have to learn how to talk to it.
[44:46.300 --> 44:55.260] AI is pretty literal, and you have to learn how to ask questions that it can respond to.
[44:55.340 --> 45:01.500] It's not very difficult. I'll ask it to give me a list of all citations of this type.
[45:02.140 --> 45:03.020] It's pretty good at that.
[45:05.260 --> 45:10.540] It's just basically it's an evolution of what we had before when we would go and learn all of the
[45:10.540 --> 45:17.420] little Google plus sign for forcing it to do something or quotes around something that has a
[45:17.420 --> 45:21.180] space or putting a pipe symbol in parentheses to tell.
[45:22.060 --> 45:23.980] It's actually simpler than that.
[45:24.540 --> 45:27.420] Right, because it's an evolution of that.
[45:27.420 --> 45:30.700] But you're still not getting any better answers than you got before.
[45:30.700 --> 45:33.740] All you get is answers from the whatever's on the internet.
[45:33.740 --> 45:37.500] And of course, everybody jokes about if it's on the internet, it must be true.
[45:37.500 --> 45:39.820] So you're not getting really better results.
[45:39.820 --> 45:44.460] You're getting better formatted results.
[45:44.460 --> 45:47.660] It points at stuff sometimes I hadn't considered.
[45:48.300 --> 45:56.540] And that was great. When it points at statutory law, that's generally pretty good.
[45:57.260 --> 46:02.140] But when it points at case law, you can't trust it. Every once in a while, the case is correct.
[46:03.100 --> 46:06.860] But most of the time it's not. And I was looking at that, wondering what in the heck is going on
[46:06.860 --> 46:21.340] here. I file a $485 million lawsuit against Texas. I sue all of the highest judges in Texas,
[46:21.340 --> 46:25.900] the Chief Justice of the Supreme, all of the judges of the Court of Criminal Appeals,
[46:25.900 --> 46:31.260] the heads of all these agencies. It seems like they would take this real serious.
[46:31.260 --> 46:40.220] So I get a brief, I get a response to my suit from the Texas Attorney General.
[46:42.220 --> 46:50.860] First case, not only is it unpublished, it's a 20-year-old unpublished case.
[46:52.300 --> 46:57.980] And the rules say if you cite an unpublished case, you must provide a copy attached.
[46:57.980 --> 47:03.820] It was no copies. So I looked it up. I finally got it. Someone on
[47:06.380 --> 47:15.740] the Telegram channel found it for me. And when I looked through it, I looked up the quotation
[47:16.860 --> 47:19.500] that the lawyer used, and it was a sentence fragment.
[47:21.100 --> 47:24.780] It turned out to be a subordinate clause of a longer sentence.
[47:24.780 --> 47:35.180] And when I added the independent clause onto it, it didn't say what the lawyer was suggesting
[47:35.180 --> 47:41.180] that it said. And then when I took the sentence and put it inside the paragraph it came from,
[47:42.140 --> 47:49.020] it said something totally different. Now consider that. The Attorney General of the State of Texas,
[47:49.020 --> 47:52.060] the highest level lawyer in the state of Texas,
[47:52.780 --> 47:58.060] he's defending all the highest judges in Texas. It don't get much bigger than this.
[48:00.140 --> 48:06.940] And his first case is absolutely trash. That's embarrassing.
[48:06.940 --> 48:11.740] And I looked up some of his other cases. He uses this over and over, same thing.
[48:13.260 --> 48:16.860] And then I went through his case law. 80% of his case law was trash.
[48:19.020 --> 48:25.820] Cited things that weren't in the case. He paraphrased things that weren't exemplified,
[48:26.780 --> 48:35.660] that misconstrued what the case has actually said. It's like he did this on purpose.
[48:37.100 --> 48:43.580] How do you screw it up this bad? That's because he's got all these legal arguments
[48:44.140 --> 48:48.540] that he's used for years. No one has ever raised an issue about it.
[48:48.540 --> 48:54.860] Well, none of them have looked up a case in 30 years. They haven't gone and read it
[48:55.580 --> 48:56.700] and trust their tools.
[48:57.500 --> 49:02.860] And I'm suggesting that even if they have, the last thing they're going to do
[49:02.860 --> 49:07.100] is bring that up in court. Now they may not may go to the guy in private and say,
[49:07.100 --> 49:12.220] hey man, this case law is screwed up. You need to fix it. They're not going to do it in court.
[49:13.740 --> 49:19.420] Because they'll get the same thing done to them. So we got this horrible mess.
[49:20.860 --> 49:25.900] And chat GPT is good, it's great. If you understand its weaknesses.
[49:26.860 --> 49:33.740] I was telling Brett earlier, I helped someone file suit in Oregon. It was a road rage incident
[49:33.740 --> 49:38.380] where a guy passed a car behind him on an entrance ramp, pulled around that guy,
[49:38.380 --> 49:45.020] pulled up next to Will in the fast lane and swerved over into him in the slow lane
[49:45.020 --> 49:50.860] and drove him all the way onto the shoulder, did $21,000 of damage to his Tesla.
[49:52.460 --> 49:55.740] Now, if you drive up next to somebody, if you pass another car
[49:56.460 --> 50:02.780] in order to get next to this person and then turn your truck into him, hit his car so hard,
[50:02.780 --> 50:08.060] you knock it halfway onto the shoulder. Would a reasonable person of ordinary
[50:08.060 --> 50:12.220] prudence consider that that act could cause serious bodily injury or death?
[50:13.980 --> 50:21.420] So I call this tempted murder. If you do something the reasonable person would consider would cause
[50:21.980 --> 50:24.780] serious bodily injury or death. That's a tempted murder.
[50:26.540 --> 50:32.300] If that's murder and it does cause serious body injury or death, it's either aggravated
[50:32.300 --> 50:40.060] assault or murder. If you do something that could cause that and you don't get that outcome,
[50:40.060 --> 50:45.500] it's attempted. So I looked up attempted murder in Oregon law.
[50:47.180 --> 50:54.300] And then went to chat GPT and put in, explain this statute.
[50:54.780 --> 51:03.740] And man, it gave me a really nice explanation. Really well done. It had some case law in there
[51:03.740 --> 51:10.940] and I looked it up and it was all trash. But because of the verbiage in the response,
[51:10.940 --> 51:18.780] I was able to go to case law and find some cases, stick in there. And then I said in the alternative,
[51:18.780 --> 51:23.900] assault with a motor vehicle, and I had it looked that up. I did five statutes that way.
[51:24.380 --> 51:31.180] Of walking down the severity to less and less severity. And went to chat GPT, brought me up
[51:31.180 --> 51:38.620] this great explanation, dropped it in there. Really and it addressed issues I hadn't considered.
[51:39.900 --> 51:46.940] The case law for those issues was trash. But addressing the issues, figuring out the issues
[51:47.500 --> 51:54.220] is very, very helpful. So even with all the criticism of chat GPT, as long as you're
[51:54.300 --> 52:00.620] paying attention, not like these lawyers who download it, just paste it with the bad case
[52:00.620 --> 52:04.780] law in there. And then the judge sanctions the crap out of them like they should.
[52:06.460 --> 52:14.220] Chat GPT can be very powerful. I use the brave browser and it has an AI engine. I've got this
[52:14.220 --> 52:20.860] Chrome experimental one. I forget what it's called. It's a new Chrome
[52:20.860 --> 52:31.580] edition. The name doesn't show what it is, but it was an experimental one. It's got an AI engine
[52:31.580 --> 52:37.820] on it. So we're using that Canary. When you do your search, yeah Canary, yeah.
[52:37.820 --> 52:45.500] So when you do your search, the first thing you get is the AI engine. And like in brave,
[52:45.580 --> 52:53.180] if you don't get the AI engine, then you haven't given it enough so that it can do a search.
[52:54.220 --> 53:04.060] And at the top of where the address is, all the way to the right, there's a little red pointy star.
[53:04.780 --> 53:11.260] You click on that and it'll force the AI engine to go in and try to find what you need.
[53:11.260 --> 53:17.260] And if it can't, it'll kind of tell you why and you adjust your question. The hardest thing about
[53:17.260 --> 53:23.500] it is learning how to talk to it. Once you learn how to talk to it, it can give you some really
[53:23.500 --> 53:33.740] good stuff. So it's not as bad as its reputation. But anyway, back to case law. The worst thing the
[53:33.740 --> 53:41.100] lawyer can do is bad case law. Now you and I, we're just chump process. They don't expect us
[53:41.100 --> 53:47.260] to be legal beagles. So we can use bad case law and they'll just chew us out about it.
[53:48.860 --> 53:56.060] But if a lawyer uses bad case law, the judge is gonna get really, really unhappy. So the first
[53:56.060 --> 54:03.660] thing I wanna do, I've got one right now response to a lawsuit. First thing I'm gonna do is
[54:03.660 --> 54:12.940] take apart his case law. Look up his case law and take the primary statement he's making
[54:14.060 --> 54:19.420] and put that verbiage into the search and see if it shows up in the case.
[54:19.420 --> 54:26.780] And I've had a number of them where wording they used in their statement of the case,
[54:27.740 --> 54:33.340] none of those words except the conjunctions and stuff, none of those words appeared in the case
[54:33.340 --> 54:40.700] at all. Yeah, so that's what you've just found, Mark. You found that with this judge, right?
[54:41.260 --> 54:45.420] I mean, you're asking what to do about it in writing your appeal?
[54:47.100 --> 54:53.420] Yeah, so my first thought is to write about it in the appeal, because of course I need to debunk
[54:53.420 --> 55:00.300] that. But is it serious enough to warrant any other measures outside of just responding to it
[55:00.300 --> 55:09.420] in the appeal brief? This goes to politics. Oh, we've got 42 seconds. This goes to the politics.
[55:10.140 --> 55:16.620] What do you wanna do? You wanna kick this judge in his teeth? And this is almost certainly a
[55:16.620 --> 55:26.220] magistrate judge. No. Or do you want to get this judge to reconsider his position?
[55:30.620 --> 55:35.020] That's the question you have to ask yourself or determine how you'll respond to this.
[55:35.020 --> 55:42.700] If you want the judge to fix his issues, then you appreciate the judge's position,
[55:42.700 --> 55:47.180] but you have a different take on it and ask him to consider it. And then he may hang on,
[55:47.180 --> 55:51.660] Randy Kelm, Breath of the Fountain, we regret. Would you like to make more definite progress
[55:51.660 --> 55:57.580] in your walk with God? Bibles for America is offering a free study Bible and a set of
[55:57.580 --> 56:02.380] free Christian books that can really help. The New Testament Recovery Version is one of the most
[56:02.380 --> 56:07.580] comprehensive study Bibles available today. It's an accurate translation and it contains
[56:07.580 --> 56:12.380] thousands of footnotes that will help you to know God and to know the meaning of life.
[56:12.380 --> 56:17.420] The free books are a three volume set called Basic Elements of the Christian Life.
[56:17.420 --> 56:23.340] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[56:23.340 --> 56:29.820] growing in Christ and how to build up the church. To order your free New Testament Recovery Version
[56:29.820 --> 56:39.500] and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[56:39.500 --> 56:48.140] That's 888-551-0102 or visit us online at bfa.org.
[56:53.340 --> 57:06.140] The Bill of Rights contains the first 10 amendments of our constitution. They guarantee the specific
[57:06.140 --> 57:11.180] freedoms Americans should know and protect. Our liberty depends on it. I'm Dr. Catherine Albrecht
[57:11.180 --> 57:15.580] and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[57:16.140 --> 57:21.660] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[57:21.660 --> 57:26.460] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[57:26.460 --> 57:31.740] So protect your rights, say no to surveillance and keep your information to yourself.
[57:31.740 --> 57:37.820] Privacy, it's worth hanging on to. This public service announcement is brought to you by StartPage.com,
[57:37.820 --> 57:43.820] the private search engine alternative to Google, Yahoo and Bing. Start over with StartPage.
[57:45.260 --> 57:50.140] Imagine your mom and dad are getting ready for bed. They pull back the covers and find a third
[57:50.140 --> 57:54.140] party there. He announces, I'm with the military and I'm sleeping here tonight.
[57:54.140 --> 57:58.700] That shocking image of a third party in my parents' bed reminds me what the Third Amendment was
[57:58.700 --> 58:03.740] designed to prevent. It protects us from being forced to share our homes with soldiers, a common
[58:03.740 --> 58:09.260] demand in the days of our founding fathers. Third party, Third Amendment? Get it? So if you answer
[58:09.260 --> 58:13.820] a knock at your door and guys in fatigues demand lodging, tell them to dust off their copy of the
[58:13.820 --> 58:19.020] Bill of Rights and reread the Third Amendment. I'm Dr. Catherine Albrecht. More news and information
[58:19.020 --> 58:21.020] at CatherineAlbrecht.com.
[58:31.020 --> 58:35.980] The Bill of Rights contains the first 10 amendments of our Constitution. They guarantee the specific
[58:35.980 --> 58:41.020] freedoms Americans should know and protect. Our liberty depends on it. I'm Dr. Catherine Albrecht
[58:41.020 --> 58:45.500] and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[58:46.140 --> 58:51.660] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[58:51.660 --> 58:56.460] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[58:56.460 --> 59:02.620] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[59:02.620 --> 59:07.820] it's worth hanging on to. This public service announcement is brought to you by Startpage.com,
[59:07.820 --> 59:13.980] the private search engine alternative to Google, Yahoo and Bing. Start over with Startpage.
[59:15.500 --> 59:19.900] Imagine four eyes staring at you through binoculars, a magnifying glass or a pair of
[59:19.900 --> 59:24.940] x-ray goggles. That imagery reminds me that the Fourth Amendment guarantees Americans freedom
[59:24.940 --> 59:30.220] from unreasonable search and seizure. Fourth Amendment, four eyes staring at you? Get it?
[59:30.220 --> 59:34.540] Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[59:34.540 --> 59:40.060] Case in point, TSA airport scanners that peer under your clothing. When government employees
[59:40.060 --> 59:45.100] demand a peep at your privates without probable cause, I say it's time to sound the Constitutional
[59:45.100 --> 59:49.900] Alarm Bells. Join me in asking our representatives to dust off the Bill of Rights and use their
[59:49.900 --> 59:54.860] googly eyes to take a gander at the Fourth. I'm Dr. Catherine Albrecht. More news and
[59:54.860 --> 59:57.100] information at CatherineAlbrecht.com.
[01:00:15.100 --> 01:00:41.100] I won't pay for the fun with my body. Their plan's wicked and their logic shoddy.
[01:00:41.100 --> 01:00:47.820] Ain't gonna pay for the whore with my body. I won't pay for the boys with my money.
[01:00:47.820 --> 01:00:54.220] Ain't gonna pay for the kids with my body. Their whole agenda smells funny.
[01:00:55.420 --> 01:01:05.100] I wanna fight in a war of my own. That one would be less accidental.
[01:01:05.340 --> 01:01:22.380] I wanna pay for war of my own. They live in glass houses so I can watch them throw bones.
[01:01:22.380 --> 01:01:30.620] I wanna fight in a war I can win. I can never win the one they laid at me in. That one I lose.
[01:01:30.700 --> 01:01:36.460] Okay, we are back. We're in Kelton Brat Fountain, Rue of La Radio. We're talking to Mark in Florida.
[01:01:37.420 --> 01:01:44.140] So Mark, what do you wanna do? Do you wanna get the judge to rule in your favor?
[01:01:45.180 --> 01:01:46.540] Do you wanna hammer the judge?
[01:01:48.940 --> 01:01:56.700] So what I really want is for either the lower court judge, who wrote this supposedly,
[01:01:56.700 --> 01:02:05.420] or the appeals court judge to say to the defendant, get this out of my court.
[01:02:06.780 --> 01:02:13.340] That's my goal by posing questions that are so difficult for them to answer that they
[01:02:13.340 --> 01:02:20.540] just want the whole thing to go away. Okay, then that kind of tells us how
[01:02:20.540 --> 01:02:28.300] we structure our pleadings. In my case, the Fifth Circuit dismissed my case with prejudice
[01:02:28.300 --> 01:02:34.780] with one sentence. 150 page suit with one sentence. The suit is frivolous, dismissed with prejudice.
[01:02:36.380 --> 01:02:38.940] So I'm gonna file criminal charges against them with the
[01:02:40.380 --> 01:02:45.820] special agent in charge of the FBI. Gloves come off. You're not in that position. That's
[01:02:45.820 --> 01:02:50.860] what I was trying to get to. It's always you gotta think real careful of what outcome you're
[01:02:50.860 --> 01:03:00.540] trying to get. So you're trying to get the judge to rule properly on the case law.
[01:03:01.340 --> 01:03:09.660] So it would be good to take the judge's case law apart and show why his ruling on the case law was
[01:03:10.620 --> 01:03:15.180] improper, considering this is gonna go to the Court of Appeals.
[01:03:16.380 --> 01:03:25.180] You have a magistrate judge here who issues a magistrate's recommendation to the trial judge.
[01:03:26.620 --> 01:03:31.660] Most of the time, the trial judge will accept the magistrate judge's recommendations.
[01:03:32.460 --> 01:03:37.900] So you need to give the trial judge reason not to risk getting embarrassed
[01:03:39.020 --> 01:03:44.380] by the magistrate's judge's improper reading of the code.
[01:03:47.340 --> 01:03:53.740] Well, now, I've never heard hide nor tell about the magistrate judge
[01:03:54.380 --> 01:04:00.460] assigned to my trial court case because it never came up. The district court judge
[01:04:01.900 --> 01:04:07.260] handled the one telephone conference we all had and everything else. The
[01:04:07.260 --> 01:04:09.260] other orders were signed by the district court judge.
[01:04:10.380 --> 01:04:12.460] Oh, that's great. That's the way it should be.
[01:04:12.460 --> 01:04:21.020] Yeah, that almost never happens. So now you got the district judge. He's in a different position.
[01:04:22.380 --> 01:04:28.860] He's not gonna want the Court of Appeals dressing him down and overruling him.
[01:04:28.860 --> 01:04:31.900] Right. So
[01:04:34.060 --> 01:04:41.660] keep that in your mind. And when you're doing it, how can you embarrass the judge,
[01:04:41.660 --> 01:04:49.020] not without being disparaging to the judge, but bring something that would embarrass him
[01:04:49.020 --> 01:04:55.900] if the Court of Appeals agrees with you. Okay, okay.
[01:04:55.900 --> 01:04:59.740] And saying that, you don't call the judge an ignorant SOB.
[01:05:00.780 --> 01:05:01.280] Right.
[01:05:02.380 --> 01:05:08.940] This is civil. And in this case, you'd be very civil. And where the judge made an error,
[01:05:09.660 --> 01:05:16.460] you indicate that you fully understand how this occurred. However, the facts
[01:05:16.460 --> 01:05:21.340] show something different. You always wanna give the judge plausible deniability
[01:05:21.420 --> 01:05:29.260] because you're trying to get him to give you a different ruling. So you can't go in there and
[01:05:29.260 --> 01:05:40.140] kick him around and throw names at him. So you pace his position and then try to lead
[01:05:40.140 --> 01:05:43.500] him to another position. Okay.
[01:05:44.380 --> 01:05:50.460] So dumbass just can't be in there. Say that again?
[01:05:51.980 --> 01:05:55.260] I'm sorry, I can't say dumbass on the air. So I'll say dumb anus.
[01:05:55.820 --> 01:05:59.500] Can't call the judge a dumb anus. Got it.
[01:06:00.220 --> 01:06:06.620] You just, we're pro-says and they don't trust us. So we have to be more professional than they are.
[01:06:09.900 --> 01:06:14.060] Okay. This is a problem women have had in business forever.
[01:06:15.100 --> 01:06:19.100] That they can be as good as a man and they will not be perceived as good as a man.
[01:06:19.980 --> 01:06:26.620] They have to be better. We're kind of into that one down position when we go in as pro-says.
[01:06:27.660 --> 01:06:30.380] Can't just be as good as lawyers. We have to be better.
[01:06:34.220 --> 01:06:37.980] So what is your particular issue?
[01:06:42.780 --> 01:06:44.140] You mean the case itself?
[01:06:44.940 --> 01:06:50.220] Mm-hmm. You had issues with the case law. What were the issues with the case law?
[01:06:51.100 --> 01:06:56.380] Well, that was the issue that this one case, it wasn't one case. There's another case too,
[01:06:56.380 --> 01:07:01.260] but he was a little craftier about how he reversed the meaning of that.
[01:07:01.900 --> 01:07:07.980] Once again, by leaving out the word unlike, but he did it in such a way.
[01:07:07.980 --> 01:07:08.860] That's amazing.
[01:07:09.820 --> 01:07:16.860] Yeah. Yeah. He left out the word unlike, but instead of it being a direct quote from a case,
[01:07:17.820 --> 01:07:24.700] he sectioned off the quote without the word unlike before it. He sectioned it off,
[01:07:25.260 --> 01:07:30.300] quote of the Supreme Court case that it's from, which supports the defendant's side.
[01:07:31.260 --> 01:07:39.660] But then right after that, he wrote C for the Pratt & Whitney, which is a circuit case in
[01:07:39.660 --> 01:07:48.140] my circuit that supports my case. And the quote from that is the unlike part. So I have to figure
[01:07:48.140 --> 01:07:54.300] out how to tease that out. Assume that the judge made an honest mistake.
[01:07:55.020 --> 01:07:56.460] Yeah. Okay. Right.
[01:07:57.740 --> 01:08:02.300] And you just have to allow the judge to save some face.
[01:08:03.260 --> 01:08:04.220] Okay. I gotcha.
[01:08:05.580 --> 01:08:08.860] A lot of the proceeds, you know, they're angry and frustrated and they want to
[01:08:10.300 --> 01:08:15.020] take on the system and jump up and down and rail in righteous indignation. Well,
[01:08:15.020 --> 01:08:20.380] there is a time for that. This doesn't sound like one of them.
[01:08:20.380 --> 01:08:23.020] Now is a time you need to be smarter than they are.
[01:08:25.180 --> 01:08:27.180] Play them like a cheap fiddle.
[01:08:32.460 --> 01:08:40.860] So Randy, are you suggesting to phrase this like, well, the judge must have made a simple,
[01:08:40.860 --> 01:08:47.900] honest mistake. However, that mistake had the effect of a simple copy and paste error turned
[01:08:48.060 --> 01:08:54.460] into a complete 180 degrees opposite. A lot of you, a lot of you are going to hear this
[01:08:54.460 --> 01:09:00.140] and you're going to think suck up. Yeah. Yeah. That's exactly what I'm talking about.
[01:09:01.660 --> 01:09:09.340] This is not about your pride. It's not about your moral position. It's about you winning your case.
[01:09:09.340 --> 01:09:15.500] So if you got to suck up, suck up. Get your win. Then you can be as prideful as you want to.
[01:09:16.460 --> 01:09:25.660] But now let's be pros. I was a combat veteran and you get in combat and the other side does
[01:09:26.300 --> 01:09:33.420] stink and rot and low down stuff. Okay, deal with it. You don't get to have righteous indignation.
[01:09:35.020 --> 01:09:41.420] You have to look at whatever they do and say, okay, what can I do to get the outcome that I want
[01:09:41.420 --> 01:09:49.020] without regard to how I personally feel about it? You got to know that's what lawyers do.
[01:09:51.580 --> 01:09:55.340] That's what they're trained to do. And that's why they sometimes seem so callous,
[01:09:56.380 --> 01:10:05.500] but it is their job to wordcraft and manipulate things in a way that appears beneficial to their
[01:10:05.500 --> 01:10:14.460] client. All the moral considerations, all the considerations of civility, that goes out the
[01:10:14.460 --> 01:10:20.780] window. Purpose is to win their case. In combat, you don't get to lose twice.
[01:10:23.260 --> 01:10:27.180] You have to be real careful and whatever you have to do, you do whatever needs to be done.
[01:10:27.980 --> 01:10:34.220] And if you have to appear to suck up to these guys, do so. I just advised a kid in jail
[01:10:34.940 --> 01:10:41.580] in Wisconsin. They're offering him a deal. He hates the deal, but it'll get him out of jail.
[01:10:43.500 --> 01:10:48.940] Take the deal. I don't want to be on probation for a year.
[01:10:50.540 --> 01:10:57.100] Well, spend a year in prison, which is better. You want to do the right thing for the right
[01:10:57.100 --> 01:11:00.780] reason to help the people around you. That's what he was saying. You're not going to be any
[01:11:00.780 --> 01:11:06.700] help to anybody in jail. Take the deal, get your butt out of jail, and then go to work.
[01:11:08.540 --> 01:11:14.140] Once you're out, now you can go back and attack the deal that got you in jail in the first place.
[01:11:15.180 --> 01:11:18.140] And you may make the whole thing go away, but you're not going to do anything in jail.
[01:11:19.980 --> 01:11:24.620] You're not going to do anything if you get the magistrate judge PO'd at you.
[01:11:24.620 --> 01:11:29.660] Not that the magistrate means to be
[01:11:33.660 --> 01:11:37.340] aligned against you. That's the right word, Brett.
[01:11:39.340 --> 01:11:40.140] Prejudice?
[01:11:40.140 --> 01:11:44.620] Prejudice, that's the word I was looking for. It's not that he means to be prejudiced against you.
[01:11:45.660 --> 01:11:54.380] But if you come into court with a document that says, I, man on the land, living human being,
[01:11:54.380 --> 01:12:05.020] blah, blah, blah, the judge may not want to discriminate against you.
[01:12:06.460 --> 01:12:15.260] But if you trigger all of his internal negative expectations, sometimes they can't have it.
[01:12:17.260 --> 01:12:21.020] Give the judge an opportunity. If you spit in the judge's face,
[01:12:21.020 --> 01:12:27.180] it's going to be real hard for him to give you the ruling you want, even if he wants to.
[01:12:28.620 --> 01:12:36.060] You embarrass him in front of his peers. He may want to give you the ruling you want,
[01:12:36.060 --> 01:12:40.700] but he's not going to allow himself to be embarrassed in front of his peers.
[01:12:40.700 --> 01:12:43.820] And I know I got people out there thinking that should not matter in law,
[01:12:43.820 --> 01:12:46.700] and you are absolutely right. It should not matter in law.
[01:12:46.700 --> 01:12:53.740] But at the end of the day, dealing with a human being,
[01:12:55.740 --> 01:13:01.020] human beings are human beings. They are not perfect. They're never going to be perfect.
[01:13:02.060 --> 01:13:11.100] So we have to set aside all of our moral imperatives and all of our high-minded ideas
[01:13:11.260 --> 01:13:17.500] and decide what we want and figure out how we can get what we want.
[01:13:18.380 --> 01:13:24.060] When you do that, like it or not, you will begin to act like lawyers.
[01:13:26.780 --> 01:13:29.740] And I would hope that it helps you to understand lawyers
[01:13:32.540 --> 01:13:34.940] because they're in a horrible position.
[01:13:37.180 --> 01:13:40.380] Nobody ever told them in law school, when you got out of law school, you're going to
[01:13:40.380 --> 01:13:45.420] spend the rest of your career kissing some arrogant judges behind.
[01:13:48.060 --> 01:13:55.100] So the point is, let's put away all the anger and animosity and let's get down to business and get
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[01:14:56.140 --> 01:15:01.660] to learn how to stop debt collectors now. I love logos. Without the shows on this network,
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[01:15:15.820 --> 01:15:21.660] don't have any money to give because I spent it all on supplements. How can I help logos? Well,
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[01:15:58.460 --> 01:16:05.660] logos. This is the Logos Logos Radio Network.
[01:16:21.660 --> 01:16:27.660] Well,
[01:16:30.620 --> 01:16:40.620] ain't gonna fool me with that same old trick again. I was blindsided but now I can see your plan.
[01:16:40.620 --> 01:16:45.740] You put the fear in my pocket, took the money from my hand.
[01:16:45.740 --> 01:16:49.580] Ain't gonna fool me with that same old trick again.
[01:16:49.580 --> 01:17:14.540] Ain't gonna fool me with that same old sucker punch.
[01:17:15.500 --> 01:17:23.020] I get it now, but then I must have been too much. Back then you had room to move,
[01:17:23.020 --> 01:17:39.500] but now you're feeling the crunch. Ain't gonna get me with that same old sucker punch.
[01:17:45.180 --> 01:17:51.340] Okay, we are back. Randy Kelton, Brett Fountain, Woodlaura Radio on this Friday,
[01:17:52.380 --> 01:18:00.140] the fourth day of October 2024, and we're talking to Mark in Florida.
[01:18:01.420 --> 01:18:04.540] And Mark, I hope you know that I wasn't talking to you.
[01:18:06.860 --> 01:18:11.500] I was talking to everybody else and I used you as a way to get me there.
[01:18:11.660 --> 01:18:15.260] Oh, no, you were talking to me too.
[01:18:16.620 --> 01:18:24.540] Well, kind of, but you obviously already understand what I was saying.
[01:18:26.220 --> 01:18:27.420] You didn't need that lecture.
[01:18:28.300 --> 01:18:32.540] But I need to hear it. My wife goes over my writings. She's like,
[01:18:32.540 --> 01:18:37.260] you need to tone that down. But it's good to hear from someone else since I wrote in the margins of
[01:18:38.220 --> 01:18:43.340] the judge's order, liar, with a bunch of exclamation points after it. So,
[01:18:44.220 --> 01:18:49.900] I probably needed to hear your talk too. And that's cool to do that. I found a pleading once
[01:18:51.420 --> 01:18:58.620] that it said, shyster this and shyster that. And the judge is reading it and he's trying to
[01:18:58.620 --> 01:19:06.380] keep from chuckling. And when he got done, he said, Mr. Kelton, I know you thought that was
[01:19:07.500 --> 01:19:13.980] humorous. I put the lawyer's name here and after referred to as shyster.
[01:19:16.060 --> 01:19:21.740] They called him shyster all the way too. And he said, I know you thought that was
[01:19:22.780 --> 01:19:29.180] humorous, but we're not going to do that again. Oh, judge, I'm sorry. I was just screwing around
[01:19:29.180 --> 01:19:34.460] when I did that. I was going to do a search and replace. And the judge said, sure you were.
[01:19:34.460 --> 01:19:43.260] Judges get bored up there. And one thing I have found that works well
[01:19:44.700 --> 01:19:51.660] is a bit of lighthearted humor on occasion. Break up the monotony and to let them know
[01:19:53.020 --> 01:19:58.860] that you're not one of these pro-says who are so caught up in the pathos,
[01:19:59.820 --> 01:20:05.340] in the frustration and the anger and the emotion of the case that you can't think straight.
[01:20:06.700 --> 01:20:13.900] I had fun with one of those, with the whole mental image of these guys trying to cover
[01:20:13.900 --> 01:20:19.100] themselves with immunity. And I made this whole theme of a hospital gown. And I kept using words
[01:20:19.100 --> 01:20:28.700] about how exposed they are and the lack of coverage and using words that
[01:20:29.980 --> 01:20:34.060] showed that their butt was hanging out. I forget how I said it, but I had fun with
[01:20:35.420 --> 01:20:38.060] wordsmithing it so that the judge could enjoy a read.
[01:20:39.260 --> 01:20:45.900] Yeah, and that works. Even if the judge doesn't want to rule in your favor,
[01:20:46.060 --> 01:20:53.900] how do you hammer someone who has given you an entertainment that you haven't had in a while?
[01:20:53.900 --> 01:21:00.300] You deal with these annoying attorneys, the same crappy rhetoric over and over,
[01:21:00.940 --> 01:21:08.060] and you get someone who's actually intelligent and innovative. A number of times I've had judges
[01:21:09.020 --> 01:21:13.100] address the issue that they read motions and pleadings all day, every day.
[01:21:13.180 --> 01:21:18.460] All day, every day, that they spend most of their time reading documents.
[01:21:19.740 --> 01:21:27.900] I had an issue where I sued the sheriff in the county I live in, and they always give
[01:21:27.900 --> 01:21:34.860] the youngest attorneys the pro se litigants. So this kid, I think he was 25 or 26,
[01:21:35.900 --> 01:21:42.620] he comes in and he gives me a stack of paper about a half inch high. This is about 30 years ago.
[01:21:44.060 --> 01:21:51.900] And he has went to the legal library and took the books, opened the books up and pressed it down on
[01:21:52.620 --> 01:22:01.900] the scanner, on the copier, and had this copier shrink to two pages so it fit on one eight and
[01:22:01.900 --> 01:22:10.540] a half by 11. So I looked at these and it's about a six point font.
[01:22:12.620 --> 01:22:18.940] And I looked up at the judge and I said, your honor, does the court have a magnifying glass?
[01:22:20.940 --> 01:22:25.980] The judge looked confused and he reached down and picked up the pad of paper and looked at it.
[01:22:26.940 --> 01:22:34.060] He set up straight, grabbed the papers by the corner and slung them out in the courtroom and
[01:22:34.060 --> 01:22:40.460] papers went everywhere and just railed at this lawyer. What's the matter with you? Don't you
[01:22:40.460 --> 01:22:46.300] know I spent all my time reading? What are you trying to blind me? And it was clear what the
[01:22:46.300 --> 01:22:53.980] judge was doing. He wasn't really upset at this guy, he was training him. But it was an important
[01:22:53.980 --> 01:23:05.100] issue. Judges read all the time and the same crappy, boring, legalese stuff all the time.
[01:23:07.180 --> 01:23:10.940] So you throw something a little offbeat or humorous in there
[01:23:11.980 --> 01:23:20.540] and the judge feels compelled to let you know this is not within the highfalutin decorum of the court.
[01:23:20.540 --> 01:23:29.340] But at the end of the day, they like it. You break up the monotony and you give them another way
[01:23:30.780 --> 01:23:35.820] thinking of things and you force them to do some little mental exercise.
[01:23:37.660 --> 01:23:46.620] So the main thing I'm going to and this is not Mark because Mark doesn't have this issue.
[01:23:47.100 --> 01:23:50.780] We have a lot of people that they get into these issues and
[01:23:51.740 --> 01:23:57.740] they have emotional reactions to what happened. I once defended myself
[01:23:59.500 --> 01:24:04.300] in a case against me where I tried to help Robert Fox and they came after me.
[01:24:04.300 --> 01:24:10.380] But I was smart, I knew all this law. I'm a whiz bang, everybody comes to me for advice.
[01:24:11.100 --> 01:24:20.380] I can do this hardest thing I ever did. And I could not separate myself.
[01:24:20.380 --> 01:24:24.780] I moved from one emotional high point to the next to the next.
[01:24:26.300 --> 01:24:30.220] The exact thing I would criticize you for doing.
[01:24:32.620 --> 01:24:35.420] And that's because this is how we remember things.
[01:24:35.420 --> 01:24:41.500] We go from one emotional high point to the next and somebody's been in the fight a long time,
[01:24:42.300 --> 01:24:44.780] they get lost inside the emotion of the case.
[01:24:46.940 --> 01:24:51.900] We need to, and that's why anybody who's listening, that's why I always ask for a timeline.
[01:24:54.700 --> 01:25:00.300] Confession time, I don't really need the timeline. You need the timeline.
[01:25:00.300 --> 01:25:08.060] That's the only way you can get yourself out of the emotional involvement.
[01:25:09.180 --> 01:25:14.220] Because you will move from one emotional high point to the next to the next to the next.
[01:25:15.260 --> 01:25:22.380] And not only do you lose track of the underlying details, often get them out of order.
[01:25:24.460 --> 01:25:29.900] You get your case all scrambled up because you're so emotionally involved, write a timeline.
[01:25:30.380 --> 01:25:34.380] The timeline forces you outside the emotion.
[01:25:35.740 --> 01:25:40.460] Once you can get outside it and then take a step back, turn the chessboard around.
[01:25:41.740 --> 01:25:45.900] People who've been listening a while have heard me speak to these metaphors before.
[01:25:47.420 --> 01:25:50.620] Sit down with someone and play six moves into a chess game.
[01:25:52.060 --> 01:25:56.700] You're sitting here looking at your side of the board and then you're looking over at the other
[01:25:56.700 --> 01:26:03.980] side of the board and you're trying to imagine what the board looks like from their side of
[01:26:03.980 --> 01:26:10.780] the board so you can figure out what they're trying to do. Well, that's kind of an illusion
[01:26:10.780 --> 01:26:20.380] unless you're a chess master. So play chess with someone who's close to your skill level.
[01:26:21.100 --> 01:26:24.140] Play six moves in and then turn the chessboard around.
[01:26:24.140 --> 01:26:30.140] You'll be amazed at how different it looks from that other perspective.
[01:26:32.140 --> 01:26:39.900] One of the most powerful tools we can develop is perspective. Step out from your side of the
[01:26:39.900 --> 01:26:49.740] chessboard and go around look at it from the other side. If I can see your chessboard from your side,
[01:26:50.700 --> 01:26:52.380] I can nail you big time.
[01:26:54.540 --> 01:26:58.540] Then I can predict where you're going. Hang on, Randy Kelton, we'll be right back.
[01:27:00.860 --> 01:27:04.860] Sorry, soft drink lovers, even diet drinks can make you fat.
[01:27:04.860 --> 01:27:10.140] A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff.
[01:27:10.140 --> 01:27:15.180] I'm Dr. Catherine Albrecht and I'll be back in a moment with a scoop on supposedly skinny sodas.
[01:27:15.820 --> 01:27:21.340] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:27:21.340 --> 01:27:26.140] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:27:26.140 --> 01:27:32.300] So protect your rights, say no to surveillance and keep your information to yourself. Privacy,
[01:27:32.300 --> 01:27:37.500] it's worth hanging on to. This public service announcement is brought to you by Startpage.com,
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[01:27:44.460 --> 01:27:50.060] Artificial sweeteners cut the calories and help you lose weight, right? Wrong. Researchers at
[01:27:50.060 --> 01:27:55.260] UT San Antonio followed hundreds of diet soda drinkers for nearly a decade. They found that
[01:27:55.260 --> 01:28:01.420] regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:28:01.420 --> 01:28:06.220] The study's authors say artificial sweeteners trigger the appetite, but unlike regular sugars,
[01:28:06.220 --> 01:28:11.580] don't deliver anything to squelch it. Waking up hunger without satisfying it leads to cravings,
[01:28:11.980 --> 01:28:17.100] which can result in a larger overall calorie intake. So use natural sweeteners to maintain
[01:28:17.100 --> 01:28:21.500] a healthy weight. And if you need to shed some pounds, avoid the sweet stuff altogether and
[01:28:21.500 --> 01:28:27.580] drink water instead. I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:28:29.500 --> 01:28:34.940] This is building seven, a 47 story skyscraper that fell on the afternoon of September 11th.
[01:28:34.940 --> 01:28:40.460] The government says that fire brought it down. However, 1500 architects and engineers concluded
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[01:28:53.740 --> 01:28:59.340] son. We're Americans and we deserve the truth. Go to rememberbuildingseven.org today.
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[01:30:36.860 --> 01:31:02.620] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio on this Friday,
[01:31:02.620 --> 01:31:09.260] the fourth day of October, 2024. And we're talking to Mark in Florida, and I think I've
[01:31:09.260 --> 01:31:15.580] kind of beat this to death. And I tend to do this when I think something is especially
[01:31:15.580 --> 01:31:24.380] important to understand. And your perspective is especially important for people to understand.
[01:31:26.060 --> 01:31:32.220] We can't let ourselves get emotionally involved. Now, it's easy to say that,
[01:31:32.220 --> 01:31:40.860] but I use the example of me defending myself. I was so good at defending myself
[01:31:42.220 --> 01:31:49.820] that I got the jury to throw the book at me in a case that was absolutely ludicrous.
[01:31:52.140 --> 01:31:59.020] But me with all my knowledge and all my experience, because I was defending myself,
[01:31:59.420 --> 01:32:07.340] I was emotionally involved in it, and I screwed it up big time. They sent me to a year in jail
[01:32:07.340 --> 01:32:17.260] for something that was absolutely ludicrous and nonsensical. I'm at 27 days in solitary confinement,
[01:32:18.700 --> 01:32:27.180] and the 28th day I filed 35 criminal complaints against the prosecutor and the judge with the
[01:32:27.580 --> 01:32:32.700] with the Tyler Court of Appeals in Tyler, and in two days I was out.
[01:32:34.540 --> 01:32:42.140] Wow. Finally, I got my sense about me and did what I advised everybody else to do,
[01:32:44.380 --> 01:32:48.700] go after them criminally. But I'm not saying that's good in your case, but
[01:32:48.700 --> 01:32:58.060] I'm going to stop beating this dead horse. I think I beat this issue in the ground,
[01:32:58.060 --> 01:33:02.620] but I only do this because I think this is, of all the things we deal with,
[01:33:02.620 --> 01:33:05.500] this is one of the most important things for us to understand.
[01:33:07.180 --> 01:33:13.980] You're pissed off, think they've mistreated you, then do not try to represent yourself.
[01:33:14.380 --> 01:33:23.180] If you can't step outside of that, you can't defend yourself. But if you can step outside of
[01:33:23.180 --> 01:33:31.500] it, you'll notice that we do some metaphorical things here. I like to make light of things.
[01:33:32.460 --> 01:33:38.700] Go in and set them up. Play these bubbles like a cheap fiddle. Go in and ask them to do something
[01:33:38.700 --> 01:33:42.620] you know they're not going to want to do, so that when they don't do it, you can hammer them.
[01:33:42.620 --> 01:33:49.340] You've got to do that to the Chief Justice of this frame. How does it feel to be played like
[01:33:49.340 --> 01:33:54.140] a cheap fiddle? And that allows us to get outside our emotional involvement.
[01:33:55.660 --> 01:34:03.420] So with that said, I'm going to shut up now. And Mark, do you have anything that I haven't addressed
[01:34:04.700 --> 01:34:07.660] because I kind of butchwhacked you and went my own direction?
[01:34:08.540 --> 01:34:15.340] No, you answered my question. That's really, really helpful. Thank you so much.
[01:34:16.380 --> 01:34:20.140] Thank you both. Okay, keep us up to speed on how this is going.
[01:34:21.020 --> 01:34:25.500] Okay, I will. All right. Okay, thank you, Mark. Now we're going to go to
[01:34:27.900 --> 01:34:37.420] Alex in California, Arkansas, New Mexico. Alex, the well-traveled. What do you have for us?
[01:34:37.660 --> 01:34:43.820] Alex, the well-traveled. Thank you for the addition to my name.
[01:34:48.460 --> 01:34:54.460] Okay, so I have something about what you guys talked about in the beginning, which is records
[01:34:54.460 --> 01:35:00.380] requests. Okay, wait. Before we go any further, the addition to your name, I probably didn't
[01:35:00.380 --> 01:35:06.380] get the right one. The well-traveled is probably not as appropriate as the international criminal.
[01:35:08.220 --> 01:35:13.020] Okay, probably that one's better. But actually, the traveling was quite
[01:35:13.980 --> 01:35:17.340] right. But maybe I should become better at the criminal.
[01:35:18.460 --> 01:35:23.740] Good. Okay, I'll stop interrupting now.
[01:35:27.020 --> 01:35:36.700] So the California Public Records Act, I have requested records of the Commission on Judicial
[01:35:36.700 --> 01:35:46.140] Performance. And they are saying they are not subject to the records act because...
[01:35:48.460 --> 01:35:54.620] And so this is... So let me back up. So the records act applies to... The California
[01:35:54.620 --> 01:36:03.020] Public Records Act applies to any public agency. And the definition for the public agency is either
[01:36:03.020 --> 01:36:12.700] a state or local agency. And the definition for a state agency means every state officer
[01:36:12.700 --> 01:36:21.260] or department division except those agencies provided for in Article 6 of the California
[01:36:21.260 --> 01:36:29.020] Constitution. And the California Constitution, Article 6, says about the Commission on Judicial
[01:36:29.020 --> 01:36:36.940] Performance that the Commission on Judicial Performance consists of one judge of a court
[01:36:36.940 --> 01:36:44.620] of appeal, two judges of superior courts, six citizens who are not judges, blah, blah, blah.
[01:36:45.260 --> 01:36:54.540] But it does not list staff attorneys or chief of counsel. So pursuant to the wording of the
[01:36:54.540 --> 01:37:02.060] Constitution, a staff attorney from which I requested the records is not part of the
[01:37:02.060 --> 01:37:10.140] Commission then? If you read the Constitution word by word, could that be? And could that be
[01:37:10.140 --> 01:37:16.700] my way out of saying, hey, you staff attorney, you are not part of the Commission on Judicial
[01:37:16.700 --> 01:37:22.700] Performance according to the Constitution. You're not part of them because you're not
[01:37:22.700 --> 01:37:31.260] included in the section that describes what the Commission on Judicial Performance consists of.
[01:37:32.220 --> 01:37:37.340] Okay, Brett, do you remember the term that Eddie Alphons uses,
[01:37:37.340 --> 01:37:40.940] the Latin term for what's not included is excluded?
[01:37:43.180 --> 01:37:48.620] Oh, yeah. Exclucio and inclusio. I forget how you put that. Yep, I'm not.
[01:37:48.620 --> 01:37:49.500] Yeah, I heard it.
[01:37:49.500 --> 01:37:50.060] No, I don't.
[01:37:50.380 --> 01:37:53.820] Mm-hm. Okay, there's a Latin term for that.
[01:37:53.820 --> 01:37:57.500] Yeah. But I wanted to congratulate you, Alex,
[01:37:57.500 --> 01:38:06.300] for having chased down all of those one by one. You followed the trail and you looked them up.
[01:38:07.180 --> 01:38:15.660] And that is a key step that I wish everybody would do that. That gets you so much farther
[01:38:15.660 --> 01:38:18.140] down the road to where you need to be.
[01:38:19.900 --> 01:38:30.220] This is a tool we have, lawyers don't have. Lawyers are busy, busy, busy.
[01:38:31.340 --> 01:38:36.060] If they're gonna make any money, they have to have a lot of clients
[01:38:36.060 --> 01:38:38.700] and they have to do a lot of hearing and do a lot of billing.
[01:38:40.380 --> 01:38:42.860] They don't have the time to do the research we do.
[01:38:43.740 --> 01:38:49.660] And that is their Achilles heel. They get someone like you who does the research,
[01:38:50.700 --> 01:38:52.140] have themselves a problem.
[01:38:53.980 --> 01:38:57.420] So is this then applicable? Could I argue this
[01:38:58.060 --> 01:39:02.300] because the Constitution, the section you're mentioning does not include you,
[01:39:02.300 --> 01:39:10.220] the staff attorney. You are now subject to the California Records Act because you're not excluded.
[01:39:11.180 --> 01:39:16.300] If you are not included, then you are excluded. Let's see.
[01:39:17.340 --> 01:39:25.260] I don't know about that. It looks like if it's the office that's being excluded or included,
[01:39:26.300 --> 01:39:34.460] then that's one thing. But if it's talking about the makeup of which people are on the review board,
[01:39:34.780 --> 01:39:42.220] then that doesn't speak to whether there could also be other people that work on staff there
[01:39:42.220 --> 01:39:53.260] that can be a janitor and a security staff that mans the... That doesn't say who else is part of
[01:39:53.260 --> 01:40:00.700] that. It's simply saying how the board is staffed. Like there's one judge from this court, there's
[01:40:01.660 --> 01:40:10.620] one, three of these, there's five of these. And I don't think that could be used to exclude
[01:40:12.460 --> 01:40:18.780] somebody that's on staff there because you can't say that there's nobody else allowed to do that,
[01:40:19.500 --> 01:40:26.780] to be part of that group. They can't be on the board, but is it excluding the whole office?
[01:40:26.780 --> 01:40:38.700] Well, it says it excludes the agencies provided for in Article 6 of the California Constitution.
[01:40:39.900 --> 01:40:43.980] Okay. Okay. Hold on. There's something I want to check when we come back on the other side.
[01:40:45.020 --> 01:40:51.900] Okay. When I make a request for records that are construed, judicial records,
[01:40:51.900 --> 01:40:54.220] they claim they don't have to give them under open records.
[01:40:55.180 --> 01:40:59.100] But you have to give them under constitution. Hang on. Be right back.
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[01:43:24.220 --> 01:43:47.580] As we saw, so shall we be. So many crucial works get put on hold while we see. Try as we will,
[01:43:47.900 --> 01:43:58.940] very small steps to the giant knee. As we saw, so shall we be.
[01:44:08.380 --> 01:44:13.420] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we were
[01:44:14.140 --> 01:44:25.020] kicking this around on the break. And the thing I wanted to get to is there are records that
[01:44:25.020 --> 01:44:31.660] are available under a specific statutory provision like the Open Records Act.
[01:44:33.500 --> 01:44:40.700] But they will claim that, you know, I've had them often claim that these records are court records
[01:44:40.700 --> 01:44:44.620] and they do not fall under the Open Records Act. See, that's right, they don't.
[01:44:46.380 --> 01:44:50.540] But they do fall under the constitutional right to a public court.
[01:44:52.300 --> 01:45:00.380] So when I write a information request, I don't ask for the records under any statute.
[01:45:01.260 --> 01:45:05.740] I have no duty to give you legal advice.
[01:45:07.980 --> 01:45:15.820] If you don't know what the law is concerning your job, your problem, not my problem,
[01:45:17.340 --> 01:45:24.620] I ask for the records. And generally, when I file these, they will presume that the records
[01:45:24.620 --> 01:45:31.180] were requested under the Open Records Act. And I have a number of them where
[01:45:31.900 --> 01:45:37.020] the agency claimed they do not, the judicial records, they do not fall under the Open Records
[01:45:37.020 --> 01:45:42.940] Act. Right, but that was their bad assumption to start with. Absolutely, and they were right about
[01:45:42.940 --> 01:45:49.740] them not falling under the Open Records Act. But with the implication that they're not public records
[01:45:49.740 --> 01:45:55.820] if they don't fall under the Records Act. That was a kind of a false premise
[01:45:57.420 --> 01:46:04.460] because there are other laws that make records public and one of them is not a law,
[01:46:04.460 --> 01:46:13.340] it's a constitutional provision. Article 1, section 10, all people have the right
[01:46:13.900 --> 01:46:25.100] to a fair and public court. So if I'm asking a court for their records, I'm asking for them
[01:46:25.820 --> 01:46:36.380] under Article 1, section 10, public court. And just because I don't name the Open Records Act
[01:46:36.380 --> 01:46:42.140] doesn't mean that I'm asking for everything under the Open Records Act. Is that making sense, Alex?
[01:46:43.340 --> 01:46:55.100] Oh, wait a minute, we can't hear Alex. Somebody has her muted. There you go. Okay, now you're
[01:46:55.100 --> 01:47:03.900] unmuted. Okay, so it makes sense. I just don't see how it is applicable in this case, because in this
[01:47:03.900 --> 01:47:13.660] case, it's not a court record. It's a record of the staff attorney on her evaluation on my
[01:47:13.660 --> 01:47:24.860] complaint about the judge. That's work product. That's work product. That won't be available.
[01:47:25.420 --> 01:47:32.220] And how do you, what do you base it on that this won't be available?
[01:47:32.940 --> 01:47:36.700] The communications between a lawyer and their client are private,
[01:47:38.780 --> 01:47:46.860] and they call that work product. What the lawyer is putting together to represent his client with
[01:47:46.860 --> 01:47:53.180] is work product if the records are not otherwise made public by statute.
[01:47:54.940 --> 01:48:05.580] And the records relating to the lawyer's adjudication of the case and his methodology
[01:48:05.580 --> 01:48:13.740] and approach is work product and is not going to public inspection.
[01:48:15.020 --> 01:48:21.820] But that's also not the case. She is just the staff attorney who evaluated my complaint
[01:48:21.820 --> 01:48:25.180] against a judge. So she is not the attorney of-
[01:48:26.060 --> 01:48:35.100] Oh, okay. So you were speaking to a staff attorney in the judicial conduct department.
[01:48:36.380 --> 01:48:39.340] Correct. And-
[01:48:39.980 --> 01:48:51.020] If there is no case in the courts, then this client, lawyer-client privilege
[01:48:51.740 --> 01:48:57.820] is not, no, I shouldn't say it that way. If I go talk to a lawyer,
[01:48:59.020 --> 01:49:05.980] whatever I talk to that lawyer about falls under work product, lawyer-client privilege.
[01:49:06.700 --> 01:49:09.180] Regardless of whether there's an active case.
[01:49:12.460 --> 01:49:17.340] So you're trying to get communications between a lawyer and the lawyer's client.
[01:49:18.380 --> 01:49:27.260] No, no, I'm not. I submitted a complaint to the Commission on Judicial Performance,
[01:49:28.140 --> 01:49:35.020] and they, of course, found that the judge has not engaged in misconduct. And I wanted
[01:49:35.020 --> 01:49:44.060] the, first of all, the evaluation of the staff attorney that made this apparent determination.
[01:49:44.060 --> 01:49:49.180] And I wanted the minutes of the Commission when they came together and they voted on
[01:49:49.820 --> 01:49:55.660] this complaint, whether they should initiate further investigation against the judge or not.
[01:49:56.300 --> 01:50:05.420] And I want those records. And they tell me they are exempt per what the provisions of the Records
[01:50:05.420 --> 01:50:11.660] Act, which excludes agencies that are established under Article 6 of the California Constitution.
[01:50:12.300 --> 01:50:20.300] And as I read the article, it does establish the Commission, but it describes the Commission
[01:50:21.260 --> 01:50:28.140] only including those specific members that I read in the beginning. And it does not include
[01:50:28.140 --> 01:50:35.340] staff attorneys. It does not include chief counsel. Therefore, I would say they are not
[01:50:35.340 --> 01:50:43.180] part of the agency as established under the Constitution. So they can't claim that exemption.
[01:50:44.140 --> 01:50:52.620] I would say that's a really tenuous position to put yourself in. You're at on a really small limb.
[01:50:53.980 --> 01:51:01.660] Looks to me like everything else that's in there, it talks about, that one is Section 8.
[01:51:01.660 --> 01:51:07.980] If you look at the Section 9, Section 10, Section 11, 12, these are all talking about,
[01:51:08.780 --> 01:51:18.220] they, none of them say who is in and who is out. It's just speaking of the offices.
[01:51:19.980 --> 01:51:27.180] And so when it's here in Section 8 talking about the Commission on Judicial Performance,
[01:51:28.540 --> 01:51:35.500] yes, it says it consists of the, and it describes who's on the panel, who's going to be part of
[01:51:35.500 --> 01:51:46.300] this. But this looks like it's talking about how the thing is composed and not excluding
[01:51:48.620 --> 01:51:55.740] the other people who are not named. Does that make sense? Like you have,
[01:51:57.340 --> 01:52:02.860] let's say you have somebody that's answering the phone. They work for that Commission on Judicial
[01:52:02.860 --> 01:52:12.060] Performance. They're not one of these people described in this, a judge of the Court of Appeal,
[01:52:12.060 --> 01:52:19.580] two judges of Superior Courts, two members of the State Bar, six citizens retired. They're not one
[01:52:19.580 --> 01:52:27.820] of those people, but they work there, whether they're a janitor or they're a maintenance crew.
[01:52:27.820 --> 01:52:38.540] But still, if you apply the statutory construction and that whatever is not mentioned is excluded
[01:52:38.540 --> 01:52:43.900] and you vigorously apply that, wouldn't that mean that they're not part of the
[01:52:45.100 --> 01:52:48.860] Commission? They're just contractors or something, maybe?
[01:52:49.500 --> 01:52:51.900] Hmm, maybe.
[01:52:58.300 --> 01:53:05.180] Or is the statutory construction not applicable in this case because all the other sections of
[01:53:05.180 --> 01:53:14.060] Article 6 kind of indicate that it cannot be the case? I wouldn't say that the statutory
[01:53:14.060 --> 01:53:23.900] construction doesn't apply. But this same thing of what's not excluded is included,
[01:53:23.900 --> 01:53:31.180] what's not included is excluded. Those don't always apply in every situation. You have to see
[01:53:31.180 --> 01:53:41.660] how sometimes these things conflict. It's like maxims of law. Yes, they're true overall.
[01:53:42.460 --> 01:53:51.020] And sometimes they go head to head and you have to see how to properly weight them and put them in
[01:53:51.020 --> 01:54:00.220] the situation. When I look at what I see here in the Section 8 and before that you get Section 7,
[01:54:00.220 --> 01:54:06.700] Section 6, this is talking about which agencies are involved. It doesn't look to me like it's saying
[01:54:07.420 --> 01:54:13.980] which individual officials are going to have to answer to records requests.
[01:54:15.900 --> 01:54:21.580] That's just how it looks to me when I'm looking across here. I see agencies being defined and
[01:54:21.580 --> 01:54:31.420] set up. It doesn't look to me like it's saying everybody else that's part of this agency
[01:54:32.380 --> 01:54:37.340] that didn't get named in the Constitution does have to answer these records requests.
[01:54:37.980 --> 01:54:46.700] That's not how I'm seeing it unfold here. But I may be completely wrong. You may be able to
[01:54:46.700 --> 01:54:57.820] get some traction with that. If it were me, I would be wanting to ask for something else
[01:54:58.300 --> 01:55:04.940] instead of trying to focus so much on what it is that they said that they are not providing.
[01:55:05.820 --> 01:55:12.300] They don't have to provide. Instead of harping on that one thing, I would look for something else.
[01:55:12.300 --> 01:55:18.860] Like you said, the minutes. I want to see the minutes of something. Well, what was that that
[01:55:19.820 --> 01:55:27.580] you were looking for? I wanted to see because the way it works, as I understand it,
[01:55:28.140 --> 01:55:33.980] a staff attorney gets my complaint. She evaluates it and she gives her evaluation to the commission.
[01:55:33.980 --> 01:55:39.020] The commission gets together seven times a year and then they vote on how they want to proceed.
[01:55:42.220 --> 01:55:46.060] Okay, if it is that cleanly separated, then maybe you can say this.
[01:55:46.940 --> 01:55:52.940] Maybe you can go to that. The Bible remains the most popular book in the world,
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[01:57:01.020 --> 01:57:04.780] The Bill of Rights contains the first 10 amendments of our Constitution.
[01:57:04.780 --> 01:57:08.460] They guarantee the specific freedoms Americans should know and protect.
[01:57:08.460 --> 01:57:11.420] Our liberty depends on it. I'm Dr. Catherine Albrecht,
[01:57:11.420 --> 01:57:15.660] and I'll be right back with an unforgettable way to remember your First Amendment rights.
[01:57:15.660 --> 01:57:21.100] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:57:21.100 --> 01:57:25.980] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:57:25.980 --> 01:57:32.060] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[01:57:32.140 --> 01:57:37.340] it's worth hanging on to. This public service announcement is brought to you by startpage.com,
[01:57:37.340 --> 01:57:43.340] the private search engine alternative to Google, Yahoo, and Bing. Start over with Startpage.
[01:57:44.940 --> 01:57:49.660] Spar. It's what fighters do. It's also how I remember the five guarantees of the First
[01:57:49.660 --> 01:57:53.420] Amendment. If you plan to take away my rights, I'm going to spar with you.
[01:57:53.420 --> 01:57:59.500] S-P-A-R with an extra P. S for speech, P for press, another P for petition,
[01:57:59.500 --> 01:58:04.140] A for assembly, and R for religion. Most Americans are familiar with the First Amendment
[01:58:04.140 --> 01:58:09.260] guarantees of free speech, press, assembly, and religion. But petition for redress is another
[01:58:09.260 --> 01:58:13.980] matter. We have the right to petition the government for a redress of grievances. It means
[01:58:13.980 --> 01:58:18.060] that if we're unhappy with what's going on in our government, we can spell out the reasons
[01:58:18.060 --> 01:58:23.100] without fear of being thrown into jail. I'm Dr. Catherine Albrecht. More news and information
[01:58:23.100 --> 01:58:32.940] at CatherineAlbrecht.com. The Bill of Rights contains the first 10 amendments of our
[01:58:32.940 --> 01:58:37.340] constitution. They guarantee the specific freedoms Americans should know and protect.
[01:58:37.340 --> 01:58:41.420] Our liberty depends on it. I'm Dr. Catherine Albrecht, and I'll be right back with an
[01:58:41.420 --> 01:58:47.420] unforgettable way to remember one of your constitutional rights. Privacy is under attack.
[01:58:47.420 --> 01:58:52.780] When you give up data about yourself, you'll never get it back again. And once your privacy is gone,
[01:58:52.780 --> 01:58:58.780] you'll find your freedoms will start to vanish too. So protect your rights, say no to surveillance,
[01:58:58.780 --> 01:59:04.460] and keep your information to yourself. Privacy, it's worth hanging on to. This public service
[01:59:04.460 --> 01:59:09.820] announcement is brought to you by Startpage.com, the private search engine alternative to Google,
[01:59:09.820 --> 01:59:16.700] Yahoo, and Bing. Start over with Startpage. When I think of the Second Amendment,
[01:59:16.700 --> 01:59:21.340] I visualize myself wrapping my two arms around the Bill of Rights in a big old bear hug.
[01:59:21.340 --> 01:59:25.740] It's how I remember that the Second Amendment guarantees us the right to bear arms,
[01:59:25.740 --> 01:59:29.740] arms that embrace our freedoms and won't let anyone take them away without a fight.
[01:59:29.740 --> 01:59:35.580] Get it? Two arms, bear hug, bear arms? The late Senator Hubert Humphrey captured the spirit of
[01:59:35.580 --> 01:59:40.620] the Second Amendment so well when he said, the right of the citizens to bear arms is just one
[01:59:40.620 --> 01:59:45.580] guarantee against arbitrary government, one more safeguard against the tyranny, which now appears
[01:59:45.580 --> 01:59:51.100] remote in America, but which historically has proved to always be possible. I'm Dr. Catherine
[01:59:51.100 --> 01:59:54.380] Albrecht. More news and information at CatherineAlbrecht.com.
[02:00:21.100 --> 02:00:30.380] In the box, just like they say, I accepted it for value right away, if not sooner, not later.
[02:00:31.740 --> 02:00:37.340] We are originators, and the pathway seems to get straighter every day.
[02:00:39.020 --> 02:00:44.380] And I can take anything that belongs to me and put it to good use.
[02:00:44.460 --> 02:00:55.260] Okay, we are back. Randy Kelton, Brett Fountain of Rule of Law Radio on this
[02:00:56.780 --> 02:01:05.100] Friday, the fourth day of October, 2024. I know we're talking to Alex in California.
[02:01:07.180 --> 02:01:09.500] Okay, Alex, where were we?
[02:01:10.140 --> 02:01:16.700] Well, Brett was saying something, and then we broke into the break, and then he was cut off.
[02:01:18.780 --> 02:01:26.860] Yeah, I was saying that if it is as clearly defined as you were saying, which I don't doubt,
[02:01:28.220 --> 02:01:32.780] like I said, hats off to you for having gone and looked this up for this other part.
[02:01:33.420 --> 02:01:39.740] And if the review process... I'm hearing a whole lot of background noise. I don't know if...
[02:01:39.740 --> 02:01:48.300] There it goes. Thank you. If the review process is as cleanly separated as you were talking about,
[02:01:49.020 --> 02:01:57.100] that some attorney handles the intake and then makes recommendations to this agency.
[02:01:58.060 --> 02:02:03.740] Wow, that's nice and clean. And then it seems to me this person who is
[02:02:05.420 --> 02:02:11.980] taking in the... who does the intake and the recommendations could very well be subject to those
[02:02:12.620 --> 02:02:19.820] records requests. Now, I don't hold out high hopes for you to be able to get traction with that,
[02:02:19.820 --> 02:02:25.820] even though you might be 100% right. And the reason is because all of these
[02:02:27.580 --> 02:02:41.340] complaints, they would be... They really depend on this being obscure and not available to the
[02:02:41.340 --> 02:02:51.980] public. So they would hate it for this to become wide open. Yeah, especially because I actually,
[02:02:51.980 --> 02:02:58.060] I was on the phone with her and she told me how this works. So she does this evaluation.
[02:02:58.060 --> 02:03:05.180] And she actually, on the phone, she told me that she thought that my presenting of evidence of
[02:03:05.180 --> 02:03:17.500] misconduct was quite high. Apparently, she found that had quite a lot of weight, but then she didn't
[02:03:17.500 --> 02:03:27.580] want to talk about it anymore. And then she... I'm sorry, but what? But she did what?
[02:03:29.980 --> 02:03:34.860] And then she didn't want to... Of course, I asked her, well, if your evaluation,
[02:03:34.860 --> 02:03:42.220] if you're saying that it was quite high and the evidence was good presented, then how come the
[02:03:42.220 --> 02:03:49.020] commission voted against it? And then she just wouldn't answer. She says she can't answer for
[02:03:49.020 --> 02:03:55.260] them. She doesn't even know what's going on in those meetings when they get together.
[02:03:55.260 --> 02:04:02.380] She's not privy to this and she doesn't know. That's what she said. So it is separated,
[02:04:02.380 --> 02:04:08.220] but she is still a staff attorney at the Commission on Judicial Performance,
[02:04:08.780 --> 02:04:16.060] but she's not part of the actual commission as it reads and as it sounds from what she told me.
[02:04:19.100 --> 02:04:24.460] Well, let me point you to something that I think would be useful for you here.
[02:04:25.180 --> 02:04:32.060] Um, this is... I found it on the website here, www.courts.ca.gov
[02:04:33.020 --> 02:04:45.260] slash public records, plural, dot htm. There's no L on the end, just dot htm. And that has some
[02:04:45.820 --> 02:04:53.340] links that look like they are going to be useful to you in getting copies of some of these
[02:04:53.420 --> 02:04:59.100] administrative records. It looks like, at just first glance here, it looks like they're
[02:04:59.820 --> 02:05:06.620] nicely separated and distinguished. Administrative records, just like we have in Texas, they draw
[02:05:06.620 --> 02:05:13.340] the line at what are judicial records or records that have been before a judge or will be before
[02:05:13.340 --> 02:05:23.500] a judge, adjudicative, as contrasted with administrative. So you might take a look here
[02:05:23.500 --> 02:05:29.420] and it even gives a form that's special for getting records from the Judicial Council.
[02:05:30.780 --> 02:05:33.580] So take a look at that.
[02:05:33.900 --> 02:05:42.300] The problem is here that they, like I said, the courts have even other provisions of
[02:05:42.300 --> 02:05:49.420] disclosing records. But the problem here is that they argue that the commission is not subject
[02:05:49.420 --> 02:05:57.100] to giving any records because they're excluded per all those provisions that I have cited.
[02:05:57.820 --> 02:06:09.020] And well, they're excluded from that one mandate, but there is another mandate that they
[02:06:09.020 --> 02:06:19.260] have to follow. They overlap. It's the same way in Texas. We have the Public Information Act,
[02:06:19.900 --> 02:06:29.100] which is the government code 552. And it's for just broad blanket, all agencies everywhere,
[02:06:29.100 --> 02:06:36.300] every governmental body and pseudo agency department, doesn't matter. Oh, except judicial
[02:06:36.300 --> 02:06:44.540] records. And so then there's an exclusion that's carved out. This is court stuff over here.
[02:06:44.620 --> 02:06:52.300] Okay. So then that's separate. And they would like to say, and therefore that means
[02:06:53.020 --> 02:07:00.380] you don't get to see anything. However, government code 552 is not the only mandate
[02:07:00.380 --> 02:07:08.940] for transparency. There's also, there's the Constitution underlying everything that says
[02:07:08.940 --> 02:07:15.180] all courts are open to the public. And then based on that and derived from that,
[02:07:15.180 --> 02:07:22.620] we have the Texas Rules of Judicial Administration. And rule 12 is kind of like a parallel to the
[02:07:23.660 --> 02:07:31.580] government code 552, which carves out the judicial stuff. And this one is just for the judicial stuff.
[02:07:32.460 --> 02:07:40.700] So I imagine you can find something similar in California. Since it's been carved out that way,
[02:07:40.700 --> 02:07:47.820] you might just, and whether you find it or not, that's not really even your job. You shouldn't
[02:07:47.820 --> 02:07:57.660] have to find it for them. The transparency is their duty, but sometimes we have to cite
[02:07:58.620 --> 02:08:09.180] what their duty was when they violate, right? So yeah, but you could perhaps find it on that
[02:08:09.180 --> 02:08:15.020] page I just gave you. They have a whole bunch of links that look like it can get you there.
[02:08:18.780 --> 02:08:24.140] What's the after courts.ca.gov? What was after the slash?
[02:08:24.860 --> 02:08:32.620] Uh-huh. Public records all run together, plural. Public records.htm.
[02:08:33.500 --> 02:08:45.980] Oh, okay. Yeah. I got that. Okay. Yeah. I think I, yeah, I think I've read through this before,
[02:08:45.980 --> 02:08:55.740] but okay. Yeah. Here we go. It says rule 10.500, public access to judicial administrative records.
[02:08:58.620 --> 02:09:05.660] So it looks like they're trying to implement government code 68106.2 subsection G,
[02:09:06.940 --> 02:09:14.780] which requires adoptions of rules of court that provide public access to non-deliberative
[02:09:14.780 --> 02:09:23.020] and non-adjudicative court records. Well, there you go. Budget, management information. So if
[02:09:23.020 --> 02:09:27.980] there's this recommendation that came from some attorney about here's how we're going to handle
[02:09:27.980 --> 02:09:38.060] this incoming item. Well, that looks to me like it fits right in. But the, I'm not asking for
[02:09:38.060 --> 02:09:45.340] court records. Exactly. If you were, then that wouldn't be part of this. But because you're not,
[02:09:45.340 --> 02:09:50.540] this is just administrative records. This is not something that's being filed or used in a court
[02:09:50.540 --> 02:09:57.740] proceeding. So it's wide open for you to request. So see, this is what I mean about having a parallel.
[02:09:58.300 --> 02:10:04.460] Yes, it's been carved out. The transparency has an exception for that other one that says,
[02:10:04.460 --> 02:10:09.500] oh, but it's part of one of these agencies over here, agency, and there it is in section eight.
[02:10:09.500 --> 02:10:15.500] Oh, yep, it's that agency. Yes, that's true. However, there's another mandate that overlaps.
[02:10:16.460 --> 02:10:21.260] They're both having the same exact purpose, to be transparent to the people.
[02:10:23.740 --> 02:10:29.500] But this one is specifically for those judicial administrative records.
[02:10:29.500 --> 02:10:37.500] Yes. Yeah. So I would have to establish that they are a judicial branch entity, as it says
[02:10:37.500 --> 02:10:44.780] in section C definitions on C2, judicial administrative record. But yeah.
[02:10:44.780 --> 02:10:47.420] Yeah. And it says, and the judicial council.
[02:10:49.260 --> 02:10:51.900] But that's not the council. The council is something else.
[02:10:51.900 --> 02:11:00.780] Okay. Well, then you've also got in subsection C4, it says
[02:11:02.780 --> 02:11:10.380] members of the judicial council and its advisory bodies. Well, that sounds like an advisory body.
[02:11:11.500 --> 02:11:18.620] And agents of a judicial branch entity. Well, that's pretty broad. I think you can put them in there.
[02:11:19.100 --> 02:11:25.660] Right. True. And I just did a word search on that page. And the commission on judicial
[02:11:25.660 --> 02:11:32.540] performance is only mentioned in the notes, like on the bottom, very small print. And
[02:11:34.220 --> 02:11:40.940] so the rule 10-500 do not apply to records maintained by the commission on judicial performance.
[02:11:41.740 --> 02:11:52.940] It's under subdivision F as in Frank seven. And it's like, yeah, footnotes. Yeah. So it doesn't apply.
[02:11:56.780 --> 02:11:57.500] Yeah, sounds good.
[02:12:00.460 --> 02:12:05.340] But if the rule is not applicable, then I can't even argue I want your administrative records.
[02:12:05.900 --> 02:12:10.540] Because the rule doesn't apply to them.
[02:12:18.220 --> 02:12:20.780] Let me see if I understand what you're saying. You're saying that
[02:12:22.380 --> 02:12:27.020] this is not going to apply to you or you're not going to be able to apply it to them.
[02:12:28.540 --> 02:12:34.220] It doesn't apply to them. So we're looking at, you and I, we're looking at rule 10-500.
[02:12:34.940 --> 02:12:42.700] And the rule 10-500 apparently doesn't apply to the commission on judicial performance,
[02:12:43.340 --> 02:12:45.740] as it says on the same page on the bottom.
[02:12:48.540 --> 02:13:00.460] Yes, they have an exemption F7. So the complaints or even the evaluations of the complaints
[02:13:00.620 --> 02:13:09.580] are not, they're exempted. Okay. So it looks like they've really written it up for you to
[02:13:09.580 --> 02:13:15.260] not be able to see those records. So the only thing I can argue is strict
[02:13:15.260 --> 02:13:22.460] statutory interpretation that new staff attorney are actually not part of the commission because
[02:13:22.460 --> 02:13:27.660] you're not included in the definition of it or the constitution. So.
[02:13:30.860 --> 02:13:38.860] Well, I wish you well in that. I hope that works for you. I wouldn't put a lot of stock in that
[02:13:38.860 --> 02:13:43.420] myself. I don't think you're going to get traction with it, but it's the only thing I see that you
[02:13:43.420 --> 02:13:55.020] could try after looking at these exemptions. So go for it. I hope it works well. Okay. Yeah.
[02:13:55.020 --> 02:13:56.540] Randy, do you see anything else there?
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[02:16:11.820 --> 02:16:15.980] Well don't let none get to you. Only the father can deliver you.
[02:16:16.780 --> 02:16:21.740] So don't let bad mind people hurt you. And tell Satan get behind you.
[02:16:23.260 --> 02:16:28.220] Know what I mean, my friend? And all of your children, come on.
[02:16:28.220 --> 02:16:33.260] Trust in God, my friend. Tell him your problem, then.
[02:16:34.060 --> 02:16:39.100] Call on his name once again. Here we go, you know he worth the aim.
[02:16:39.900 --> 02:16:44.780] Trust in God, my friend. Tell him your problem, then.
[02:16:45.900 --> 02:16:50.780] Call on his name once again. Here we go, you know he worth the aim.
[02:16:51.740 --> 02:16:57.020] He is my king, man. He is everything. He is everything to me. That's why I call him.
[02:16:57.580 --> 02:17:02.780] I tap my knee and I pray to him. Because he's the only one could answer him.
[02:17:03.580 --> 02:17:08.620] Being a business what making man say him. Mankind, you know, is this leading.
[02:17:10.620 --> 02:17:16.300] Okay, we are back. Go ahead. No, you go ahead. You're gonna, you're gonna pick it up anyway.
[02:17:17.260 --> 02:17:21.100] All right, so Alex, we were talking about the
[02:17:25.740 --> 02:17:29.340] viability, I guess, of being able to use this
[02:17:33.020 --> 02:17:39.900] code construction and try to say that that means that the staff attorney's deliberations
[02:17:39.900 --> 02:17:47.420] and considerations about the validity of a complaint, that those are open to the public
[02:17:47.420 --> 02:17:55.180] because the staff attorney isn't mentioned in the Constitution. I don't think that's gonna
[02:17:55.180 --> 02:18:00.540] be your strongest way to get there. It seems like that's a really tenuous position,
[02:18:01.100 --> 02:18:09.260] but it might be the only position you have unless you want to challenge the constitutionality of
[02:18:09.260 --> 02:18:15.660] the application. Now, that might be something that you could get them to want to come to the
[02:18:15.660 --> 02:18:23.180] table about because they do not want this to be public. I guarantee you they have a strong vested
[02:18:23.180 --> 02:18:30.540] interest in keeping all of that private and hidden because most of the time when there are very valid
[02:18:30.540 --> 02:18:36.060] reasons for discipline, they don't get any discipline and they need that to stay private.
[02:18:36.060 --> 02:18:49.740] So I would challenge the rights per the Constitution to know what the governmental
[02:18:49.740 --> 02:18:54.620] agencies are doing. I need to know and therefore I need to have a way to see whether they're doing
[02:18:54.620 --> 02:19:04.700] their job correctly here. Yes, and so this would be an unconstitutional application of the
[02:19:06.700 --> 02:19:14.060] Constitution. For them to have this doctrine or even to have rules that they carve out and say,
[02:19:15.820 --> 02:19:22.540] oh, except for this, we get to hide our handling of misbehavior.
[02:19:25.420 --> 02:19:32.300] No, you don't. The people still need to maintain control of our instruments we created.
[02:19:32.300 --> 02:19:36.540] Let me offer a way that you may be able to argue this issue.
[02:19:38.140 --> 02:19:44.380] Under the fundamental philosophy of the American constitutional form of representative government
[02:19:44.940 --> 02:19:50.380] that adheres to the principle that the government is the servant and not the master of the people,
[02:19:51.020 --> 02:19:57.260] it is the policy of this state that each person is entitled, unless otherwise expressly provided
[02:19:57.260 --> 02:20:04.380] by law, at all times to complete information about the affairs of government and the official
[02:20:04.380 --> 02:20:09.980] acts of public officials and employees. Brett recognizes that.
[02:20:11.100 --> 02:20:14.300] That's the preamble to the Texas Open Government Act.
[02:20:17.340 --> 02:20:21.740] Look that up. This first paragraph, I read that paragraph and I thought,
[02:20:22.460 --> 02:20:29.580] I would that I could have created such a well-crafted paragraph. It goes on to say,
[02:20:29.580 --> 02:20:36.940] the people in delegating authority do not give their public servants the right to decide what
[02:20:36.940 --> 02:20:41.340] is good for them, for the people to know and what is not good for them to know.
[02:20:41.980 --> 02:20:49.580] The people insist on remaining informed so that they may retain control over the instruments
[02:20:49.580 --> 02:20:55.340] they have created. Exactly. That well said or what?
[02:20:57.980 --> 02:21:04.140] Use that in a pleading and just put a reference, Texas Open Government Act 552,
[02:21:04.780 --> 02:21:13.260] Texas Government Code 552. And then Article 14 of the federal constitution,
[02:21:14.060 --> 02:21:16.460] which grants us the same rights and privileges.
[02:21:19.580 --> 02:21:25.260] I think she's just going to the full faith and credit bit.
[02:21:25.260 --> 02:21:29.900] Yeah, full faith and credit. No, it's not full faith and credit clause. It's also the
[02:21:31.180 --> 02:21:38.380] privileges and immunity clause of the federal, is it Article 4, Section 2?
[02:21:40.780 --> 02:21:46.940] Privileges and immunities clause. Every citizen of every state has the same rights as all the
[02:21:47.900 --> 02:21:55.180] other states or something like that. That's the privileges and immunity clause.
[02:21:56.060 --> 02:21:56.780] You looked that up.
[02:21:59.420 --> 02:22:04.460] Federal Constitution, I think it's Article 4, Section 2.
[02:22:11.340 --> 02:22:15.260] Yeah, I would think you have a stronger position doing something like that.
[02:22:16.220 --> 02:22:21.980] I'm saying, look, you're depriving me of the ability to see your misbehavior.
[02:22:34.780 --> 02:22:39.740] Okay. It is found in Article 4, Section 2 of the United States Constitution.
[02:22:40.380 --> 02:22:43.340] Right. States that the citizens of each state
[02:22:43.980 --> 02:22:49.340] shall be entitled to all privileges and immunities of citizens in the several states.
[02:22:50.460 --> 02:22:58.380] That goes to good faith and credit. Actually, it's beyond good faith and credit.
[02:23:01.820 --> 02:23:04.940] I haven't really read that before. That is interesting.
[02:23:06.460 --> 02:23:12.860] Brett, how does that apply? If one state gives an immunity,
[02:23:14.140 --> 02:23:18.620] then I should be able to claim that state as immunity in my state.
[02:23:25.820 --> 02:23:28.060] Yeah. I don't know what you mean by immunity.
[02:23:29.020 --> 02:23:32.140] The privileges and immunities clause. Are you saying?
[02:23:33.020 --> 02:23:35.580] Is a constitutional- Immunity to what?
[02:23:35.580 --> 02:23:43.180] I don't know. Give me a second. The Privilege and Immunities Clause is
[02:23:43.180 --> 02:23:51.020] a constitutional provision that ensures equal treatment for citizens of different states.
[02:23:54.300 --> 02:24:00.220] It is found in Article 4, Section 2 of the United States Constitution and states that
[02:24:01.020 --> 02:24:08.380] the citizens of each state shall be entitled to all privileges and immunities of citizens
[02:24:08.380 --> 02:24:17.020] in the several states. What does that mean? Does that mean that I have the same privileges
[02:24:17.020 --> 02:24:28.380] and immunities in every other state or in the Fed? So if someone has a privilege or immunity
[02:24:28.380 --> 02:24:34.860] in Arkansas, that privilege and immunity is not specifically designed in Texas law.
[02:24:35.420 --> 02:24:40.620] Can I still claim that privilege or immunity? Yeah, that's the way I read it. Is it saying that
[02:24:41.660 --> 02:24:51.340] since these didn't come from, these rights come from our creator, right?
[02:24:52.300 --> 02:24:58.460] So these are, constitutions are restrictive in nature. And just because
[02:24:59.980 --> 02:25:05.100] the restrictions weren't imposed in one state, but they were in some other state,
[02:25:06.060 --> 02:25:11.740] that translates to somebody having privileges. I'm not sure about how to translate this immunities
[02:25:11.740 --> 02:25:19.020] though. What would that mean for us? I don't know either. But in Arkansas, by the way,
[02:25:19.100 --> 02:25:24.540] I argued that because Arkansas has their own FOIA Act and their own FOIA Act only applies
[02:25:24.540 --> 02:25:29.900] to Arkansas citizens. And because I'm not one, they didn't give me the records that I wanted.
[02:25:29.900 --> 02:25:34.700] And I argued this specific clause and they still didn't give me the records.
[02:25:35.900 --> 02:25:40.380] But, so that's how I argued it with the privilege. I should have the same privilege,
[02:25:40.380 --> 02:25:48.060] especially when they want to charge me with nonsense. But I didn't succeed on that one.
[02:25:49.740 --> 02:25:52.860] I really like that take.
[02:25:56.700 --> 02:25:59.820] On the telegram channel they just mentioned about to Tennessee.
[02:26:01.020 --> 02:26:08.220] Tennessee's statute specifically restricts public access to citizens in Tennessee.
[02:26:11.020 --> 02:26:15.020] This would tend to render that unconstitutional.
[02:26:15.020 --> 02:26:20.460] Well, maybe. I can see another way to read that.
[02:26:22.860 --> 02:26:31.980] I can see that they might interpret that to mean that everybody that's an Arkansas citizen gets
[02:26:31.980 --> 02:26:37.020] access to the Arkansas ones and everybody that's a California citizen gets access to the California
[02:26:37.020 --> 02:26:44.300] ones. You would have the same privileges as Arkansas, which means you'd have to be an Arkansas
[02:26:45.260 --> 02:26:51.740] citizen of that state. In Texas, you're not restricted that way. Right. In a lot of states,
[02:26:51.740 --> 02:26:58.380] you're not. So in Texas, you're not restricted. You'd have to use Texas instead of Arkansas.
[02:26:58.380 --> 02:27:04.220] Exactly. Everyone knows that walking is great exercise, but you might not know that the way
[02:27:04.220 --> 02:27:09.020] you walk could predict how long you're going to live. I'm Dr. Catherine Albrecht and I'll be back
[02:27:09.020 --> 02:27:15.420] to tell you more about walking prognostication in just a moment. Privacy is under attack. When
[02:27:15.420 --> 02:27:20.620] you give up data about yourself, you'll never get it back again. And once your privacy is gone,
[02:27:20.620 --> 02:27:26.540] you'll find your freedoms will start to vanish too. So protect your rights, say no to surveillance,
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[02:27:49.180 --> 02:27:54.700] reports that older adults who walk one meter per second or faster live longer than expected.
[02:27:54.700 --> 02:27:59.260] In case you're wondering, one meter per second is about two and a quarter miles per hour.
[02:27:59.260 --> 02:28:03.980] A senior's age, gender, and walking speed were as good at predicting life expectancy
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[02:28:09.260 --> 02:28:13.580] Measuring walking speed is quick and inexpensive. It only takes a stopwatch,
[02:28:13.580 --> 02:28:18.060] some space to walk, and a few minutes. Researchers say it could help doctors identify
[02:28:18.060 --> 02:28:23.260] older patients who need special care. I'm Dr. Catherine Albrecht. More news and information
[02:28:23.260 --> 02:28:24.860] at CatherineAlbrecht.com.
[02:28:54.060 --> 02:29:05.820] Are you looking to have a closer relationship with God and a better understanding of His Word?
[02:29:05.820 --> 02:29:11.020] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for
[02:29:11.020 --> 02:29:16.780] Scripture Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[02:29:17.500 --> 02:29:21.980] Study to show thyself approved unto God, a workman that needeth not to be ashamed,
[02:29:21.980 --> 02:29:27.180] rightly dividing the word of truth. Starting in January, our first hour studies are in the
[02:29:27.180 --> 02:29:32.700] Book of Mark, where we'll go verse by verse and discuss the true gospel message. Our second hour
[02:29:32.700 --> 02:29:37.260] topical studies will vary each week, with discussions on sound doctrine and Christian
[02:29:37.260 --> 02:29:42.380] character development. We wish to reflect God's light and be a blessing to all those with a
[02:29:42.380 --> 02:29:47.980] hearing ear. Our goal is to strengthen our faith and to transform ourselves more into the likeness
[02:29:47.980 --> 02:29:53.820] of our Lord and Savior Jesus. So tune in to Scripture Talk live on LogosRadioNetwork.com
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[02:30:48.780 --> 02:30:50.780] Either you've lost me or I've lost breath.
[02:30:51.580 --> 02:31:00.300] Oh, there we go. I was hearing just a little bit of your voice. I don't know if you're cutting out
[02:31:00.300 --> 02:31:13.500] or what. Alex, over the break, we were talking over this. If you would bring to Arkansas,
[02:31:13.500 --> 02:31:19.660] instead of bringing Arkansas text to Arkansas and say,
[02:31:21.100 --> 02:31:26.700] you need to apply this to me in California or New Mexico or whatever, you need to say,
[02:31:27.980 --> 02:31:39.100] you need to bring Texas text to Arkansas because Arkansas is restricting its records to Arkansas
[02:31:39.100 --> 02:31:46.940] citizens. And if you want to do the equal access, full faith and credit, you want to try to get that
[02:31:46.940 --> 02:31:55.020] extrapolated to you in California or somewhere else, then it could be interpreted as
[02:31:57.660 --> 02:32:01.660] the Arkansas records are available to Arkansas citizens. So therefore,
[02:32:02.300 --> 02:32:07.180] you could have the same access and you as a California citizen can have access to all the
[02:32:07.180 --> 02:32:14.860] California records. You see this slight difference? Instead of bringing them Arkansas text,
[02:32:14.860 --> 02:32:21.740] which has that restriction about citizenship, if you were to instead bring them a Texas text that
[02:32:21.740 --> 02:32:28.140] says, it's wide open, we don't care if you're a citizen, you can be anonymous. You can be an
[02:32:28.140 --> 02:32:34.860] anonymous requester and we're still required to be transparent with you. Boom, take that one and
[02:32:34.860 --> 02:32:42.780] go to Arkansas and say, you have to give me the same privileges as Texas does.
[02:32:43.820 --> 02:32:53.740] Okay, I just did a search on the chat and the AI on the Brave browser. I asked it to explain the
[02:32:53.740 --> 02:32:59.900] effect of Article 4, Section 2 of the US Constitution. Article 4, Section 2 of the US
[02:32:59.900 --> 02:33:07.580] Constitution outlines the relationship between states and assures that citizens of each state
[02:33:07.580 --> 02:33:12.940] enjoy the same privileges and immunities as citizens of other states. Its provision,
[02:33:12.940 --> 02:33:21.180] also known as the Privileges and Immunities Clause, has two effects. First, full faith and credit.
[02:33:22.300 --> 02:33:27.180] Clause requires each state to give full faith and credit to the public acts, records,
[02:33:27.180 --> 02:33:32.300] and judicial proceedings of every other state. This means that a court judgment or public record
[02:33:32.300 --> 02:33:39.660] from one state is recognized and enforced in another state as if it were a judgment or record
[02:33:39.660 --> 02:33:44.940] from the state itself. This provision promotes uniformity and consistency across states,
[02:33:45.500 --> 02:33:51.260] ensuring that individuals can rely on the legal administration actions of other states.
[02:33:51.580 --> 02:33:57.900] It also provides protections and privileges, immunities. This clause guarantees that citizens
[02:33:57.900 --> 02:34:03.580] of each state shall enjoy the same privileges and immunities as citizens of other states.
[02:34:04.220 --> 02:34:08.300] Its provision aims to prevent states from discriminating against citizens
[02:34:08.860 --> 02:34:13.900] other states are denying them rights and protections afforded to their own citizens.
[02:34:13.980 --> 02:34:16.780] That is dead frigging on.
[02:34:19.420 --> 02:34:24.460] It ensures that the individuals can move freely between states, engage in business,
[02:34:24.460 --> 02:34:30.540] and participate in social and economic activities without facing new restrictions and disadvantages.
[02:34:31.980 --> 02:34:40.140] This restriction, open records to citizens of a single state, this goes exactly to that.
[02:34:40.940 --> 02:34:47.740] It's clever picking that up. I don't think I've ever had this brought up before.
[02:34:52.460 --> 02:34:59.260] There's also some case law cited on constitution.congress.gov that explains.
[02:35:02.380 --> 02:35:06.060] I don't know if the citation is right. As you mentioned in the beginning,
[02:35:06.060 --> 02:35:13.260] they're not always right, but there are two citations in their footnote. That also says
[02:35:18.620 --> 02:35:24.140] the sole purpose of the privileges and immunities clause is to declare to the several states that
[02:35:24.140 --> 02:35:31.580] whatever those rights as you grant or establish them to your own citizens, the same neither more
[02:35:31.580 --> 02:35:38.860] or less shall be the measure of the rights of citizens of other states within your jurisdiction.
[02:35:39.500 --> 02:35:45.180] And there's two case laws in that footnote, constitution.congress.gov.
[02:35:46.460 --> 02:35:57.180] And yeah, that also expresses what you just read. So yeah.
[02:35:57.180 --> 02:36:09.260] Now you can sue Arkansas for violation of Article 4, Section 2.
[02:36:09.260 --> 02:36:10.540] Yeah.
[02:36:10.540 --> 02:36:11.820] I have to sue-
[02:36:11.820 --> 02:36:12.780] You've set them up.
[02:36:12.780 --> 02:36:19.500] Anyways, because this judge who put out, because he didn't answer,
[02:36:19.500 --> 02:36:26.300] he denied my motion for special appearance, and then he denied my motion to dismiss.
[02:36:26.300 --> 02:36:31.340] Then he issued a warrant because I didn't appear, even though I did appear on paper.
[02:36:32.140 --> 02:36:38.860] And then I sent him seven other motions. The one was to quash the warrant. The second one
[02:36:38.860 --> 02:36:45.020] was a motion for due process. And there were like four or five other motions
[02:36:45.020 --> 02:36:48.300] because he hasn't answered within 30 days. They're all denied.
[02:36:48.300 --> 02:36:52.220] So he's officially denying me due process. He shouldn't be on a bench at all.
[02:36:52.220 --> 02:36:58.220] And he has not established that I was ever served, which is a premise to actually issue a
[02:36:58.220 --> 02:37:03.660] warrant. I was never correctly served because I didn't sign anything. And I told the cop I'm
[02:37:03.660 --> 02:37:08.620] not willing to appear at court. So I didn't accept the citation. So that's the whole other thing.
[02:37:08.620 --> 02:37:15.020] The Arkansas, I will have to do a lot of work before I can sue Arkansas, but yes.
[02:37:15.020 --> 02:37:18.460] I mean, that's also on my list after California.
[02:37:18.460 --> 02:37:28.620] Well, it looks like you can do one suit against Arkansas anyway. And that's just this laser
[02:37:28.620 --> 02:37:38.460] focused issue about records requests based on this federal requirement that you just mentioned
[02:37:38.460 --> 02:37:45.420] here in Article 4, Section 2, it's privileges and immunities being equal. They're violating that.
[02:37:45.420 --> 02:37:55.420] Yeah, which is especially, especially unfair when you see that they are charging me not being,
[02:37:56.300 --> 02:37:59.660] while not being their citizen, but they're not granting me the same rights
[02:38:00.220 --> 02:38:02.780] in the same context. So that's kind of-
[02:38:02.780 --> 02:38:03.020] Right.
[02:38:04.140 --> 02:38:04.380] Yeah.
[02:38:05.420 --> 02:38:11.340] But if I were you, when you write that suit, don't write it with Arkansas's records request
[02:38:12.300 --> 02:38:19.420] thing that talks about being an Arkansas citizen. Use Texas. Stick with the same thing that you're
[02:38:19.420 --> 02:38:25.740] talking about here with Article 4, Section 2, but Texas doesn't have that limit on there.
[02:38:25.740 --> 02:38:28.700] So reference that as your starting point.
[02:38:29.660 --> 02:38:32.220] Right. Yeah.
[02:38:35.980 --> 02:38:36.220] Yeah.
[02:38:36.220 --> 02:38:40.940] Wait, you're in California. California doesn't have that restriction either.
[02:38:41.900 --> 02:38:42.620] No, it doesn't.
[02:38:44.140 --> 02:38:52.700] You're in California. You don't have that restriction. So going from California to Arkansas
[02:38:54.380 --> 02:39:00.860] be more appropriate to recommend to reference California rather than to reference a third state.
[02:39:03.820 --> 02:39:04.140] Yeah.
[02:39:04.140 --> 02:39:07.420] Claims you're a citizen of California and you have this right.
[02:39:07.420 --> 02:39:10.700] Right. Under full faith and credit,
[02:39:12.540 --> 02:39:16.460] state of Arkansas has to accord you the same rights that California does.
[02:39:19.660 --> 02:39:19.900] Yeah.
[02:39:20.780 --> 02:39:21.580] Oh, that's beautiful.
[02:39:24.140 --> 02:39:28.220] That tells them, I'll sue you, all you guys in the federal court
[02:39:28.220 --> 02:39:30.940] in California and you'll have to come there to defend yourselves.
[02:39:31.900 --> 02:39:37.420] Well, I have to sue where the defendant lives under the federal rules of procedure.
[02:39:38.460 --> 02:39:49.900] That's right, you do. But I have the guy in Utah that was, his wife was forced out of an
[02:39:49.900 --> 02:39:53.900] apartment where she had a lease because a new company bought it and they wanted to
[02:39:53.900 --> 02:40:01.260] re-rent it for more money. And she had to move out and move to Utah. Sue them in Utah.
[02:40:03.820 --> 02:40:10.380] Not within 30 days to remove the case or stay in Utah.
[02:40:13.740 --> 02:40:19.820] So what- Sue them in California and if they don't, they don't tend to remove it.
[02:40:20.460 --> 02:40:28.940] If they do petition to remove it, then you, excuse me, you maintain that Arkansas is
[02:40:28.940 --> 02:40:33.500] formed on convenience. You argue against the removal.
[02:40:35.260 --> 02:40:39.820] And would this have any weight because it's against the rules of procedure?
[02:40:40.460 --> 02:40:47.580] Well, since you have other rights, you can, you can make this argument and force them
[02:40:47.580 --> 02:40:51.980] to have to argue the issue. It's just a traffic ticket.
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[02:41:01.420 --> 02:41:05.900] of thousands of dollars in FICA taxes? Do you have a major medical plan that nobody
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[02:41:51.180 --> 02:41:59.020] Call Scott at 214-730-2471 or dallasmms.com.
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[02:43:22.460 --> 02:43:28.300] Yeah, always, I must be careful what I'm wishing for.
[02:43:29.660 --> 02:43:37.660] When I'm hungry, I like to know just what I'm fishing for. I ain't asking for much, I ain't
[02:43:37.660 --> 02:43:44.140] trying to be no glutton. I'm just here making my living pushing buttons.
[02:43:44.140 --> 02:44:07.980] All right, we are back. This is the Rule of Law Radio, Randy Kelton. I'm Brett Fowden,
[02:44:07.980 --> 02:44:15.340] and we are talking with Alex. Alex, I think we got this pretty well wrapped up. You got your
[02:44:16.220 --> 02:44:25.340] direction that you're ready to take. Yeah, okay. I was just kind of
[02:44:26.860 --> 02:44:34.300] surprised that I could actually try to sue them in California, because I would think that they
[02:44:34.300 --> 02:44:40.460] would just, maybe even the court, toss it out, because the defendant is not resigning there.
[02:44:41.660 --> 02:44:48.220] Well, I would have thought so too, but he said that he helped somebody do this, and if they
[02:44:48.220 --> 02:44:58.380] don't remove it to the other location within 30 days, then it's too late for them to remove it.
[02:44:59.340 --> 02:45:02.860] So that's kind of a fun little loophole trick I didn't know about.
[02:45:05.020 --> 02:45:10.940] Do it where it's convenient, and then see if they don't remove it. I guess they only have 30 days.
[02:45:10.940 --> 02:45:20.380] I didn't even read about that, but then he said if they do try to remove it, then you can oppose
[02:45:20.380 --> 02:45:30.060] the removal, say it's not convenient, for non-convenes. It just gives them one more
[02:45:30.060 --> 02:45:38.220] thing to have to argue. They're running up a bill, paying some attorney that's not their
[02:45:38.220 --> 02:45:43.580] house attorney, but somebody that's able to be admitted to argue in the federal courts.
[02:45:43.580 --> 02:45:52.220] Yeah, okay. I can try. Yeah, okay. Well, thank you guys so much for the insights.
[02:45:53.900 --> 02:45:57.260] Yeah. Well, thanks for calling. Have a good evening.
[02:45:58.140 --> 02:45:58.860] Okay. Bye-bye.
[02:46:00.380 --> 02:46:07.900] All right. Next up, we've got Scott in Michigan. Good evening, Scott. What's on your mind?
[02:46:08.860 --> 02:46:10.780] Long time no talk. How's it going, guys?
[02:46:10.780 --> 02:46:15.340] Yeah, going well. Glad to hear it.
[02:46:16.380 --> 02:46:21.100] Well, I have my friend Shannon on the phone with me, but first I just wanted to say that
[02:46:21.100 --> 02:46:25.100] privilege is an immunity thing you were just talking about. For anybody who was interested
[02:46:25.100 --> 02:46:30.460] in that, it's a super easy thing to write up. You just say the thing you're trying to invoke.
[02:46:33.020 --> 02:46:36.140] Alleged defendant hereby invokes the Michael Mann Act of Texas
[02:46:36.700 --> 02:46:42.380] to demand remarkably fair discovery practices here in Michigan. That's my right under the
[02:46:42.380 --> 02:46:46.540] privileges and immunities clause, or is it a matter of riding a horse all the way to Texas
[02:46:46.540 --> 02:46:52.300] to get justice? Just keep it light like that. It's a super simple thing to bring into any document.
[02:46:54.700 --> 02:46:55.580] That sounds great.
[02:46:55.580 --> 02:46:59.260] I thought I'd point out a little writing tip on that for anybody that was interested in that.
[02:47:01.420 --> 02:47:04.540] You shouldn't have to ride a horse all the way to Texas to get justice.
[02:47:05.500 --> 02:47:06.460] I like it.
[02:47:06.460 --> 02:47:09.500] Got to keep that sense of humor like Randy was saying earlier.
[02:47:11.420 --> 02:47:17.740] I have my friend Shannon on three-way call with me so she could be on the show too. She's kind
[02:47:17.740 --> 02:47:25.340] of a magnet for any kind of corrupt public officials. The feather in her cap right now
[02:47:25.340 --> 02:47:31.580] is that she worked it out that our city, when they switched all the old coin-operated parking
[02:47:31.580 --> 02:47:37.100] meters to pay stations, she worked it out that they were collecting money
[02:47:37.740 --> 02:47:41.740] on all the nights and weekends. Anytime anybody wanted to stick the card in and pay,
[02:47:42.460 --> 02:47:48.860] the system took the money. It's one thing when somebody drops a coin into a meter in the middle
[02:47:48.860 --> 02:47:53.740] of the night, but when it's a credit card, there's a paper trail and it was able to be pointing out
[02:47:53.740 --> 02:47:59.180] that the city was collecting money from people when it was not meter hours to the tune of about
[02:47:59.180 --> 02:48:05.100] $80,000. The city commission was absolutely shocked when she brought that to their attention.
[02:48:07.340 --> 02:48:11.340] Of course, they've been shuffling their feet and not paying it back. They're doing it. I think
[02:48:11.340 --> 02:48:19.900] they're waiting for her to get bored or something. She's got a couple things that she's working through
[02:48:19.900 --> 02:48:26.540] right now. I told her you guys might have some strategic or clever ideas for her. Say hi to
[02:48:26.540 --> 02:48:33.180] Shannon. Well, good evening, Shannon. Yeah, I can hear you.
[02:48:36.300 --> 02:48:43.580] Shannon, what state are you in? Are you in Michigan? Yeah.
[02:48:46.540 --> 02:48:49.180] Okay. Tell us what you got.
[02:48:49.180 --> 02:49:03.020] Well, currently, I am researching a judge
[02:49:05.820 --> 02:49:17.500] and property that he owned with his law firm. The public records on it
[02:49:17.980 --> 02:49:27.660] is very concerning regarding it. This chief judge has owned this property.
[02:49:29.180 --> 02:49:36.060] It's a commercial property, but it's listed as a commercial personal property. He ran his law firm
[02:49:36.060 --> 02:49:45.180] out of here and it's still here. His wife is one of the partners in it and his old partner is still
[02:49:45.180 --> 02:49:55.340] here. He just sold it in 2022 for the first time on the public record. He's owned this property.
[02:49:55.340 --> 02:50:03.580] I don't know if he built it. I've got to go down and actually get these hard records and pull the
[02:50:03.580 --> 02:50:15.980] deeds and stuff on this, but he's been a bar member since like 1987. He became a judge in 1999
[02:50:16.940 --> 02:50:26.780] and then I don't know exactly when he became the chief judge of this area, but the assessment value
[02:50:26.860 --> 02:50:41.820] for a few years, like 2017, 2018, 2019 for this property was like $1,000 and then the next year
[02:50:41.820 --> 02:50:48.860] was like $900. Then the next year for 2019, it was $800. Well, in 2022,
[02:50:49.660 --> 02:50:52.700] hmm, nothing suspicious here.
[02:50:54.140 --> 02:50:58.940] Yeah, the property sold for $220,000.
[02:51:01.580 --> 02:51:10.460] So this man's property taxes for this building before he sold it was not even $100
[02:51:11.420 --> 02:51:19.580] for the entire year because of the way they were assessing. And then it's looking like that they
[02:51:19.580 --> 02:51:25.580] were exempting him too at a certain period of time before it was sold where they weren't even
[02:51:25.580 --> 02:51:30.860] assessing him anymore for property taxes. And I don't know if that's when he became judge,
[02:51:30.860 --> 02:51:39.180] like in 2020, the chief judge of this area. I've got to go pull the hard records and see what's
[02:51:39.260 --> 02:51:51.660] going on. But it's all very suspicious. And per the canons of Michigan, when you become a judge,
[02:51:51.660 --> 02:52:00.540] you have a year to disassociate yourself from your law firm. Well, he's well out of that
[02:52:00.540 --> 02:52:09.820] timeframe. So I spoke before the Senate and House Judiciary Committee because right now the judges
[02:52:09.820 --> 02:52:16.220] are trying to peddle a bill that exempts them even further from any public database records.
[02:52:17.020 --> 02:52:24.060] So trying to investigate things like this will be null and void in the future if they succeed on
[02:52:24.060 --> 02:52:28.940] passing this bill. And that's what they want, so they can hide more shit.
[02:52:28.940 --> 02:52:30.540] I'm sorry, you can't hear me.
[02:52:30.540 --> 02:52:38.060] Wait a minute, wait a minute. This is radio. You can't say shit on radio?
[02:52:41.660 --> 02:52:42.220] Feces.
[02:52:42.940 --> 02:52:47.340] Okay. So it's settled, she can't say shit on radio.
[02:52:50.300 --> 02:52:51.500] Okay, we got that down.
[02:52:52.380 --> 02:52:53.020] Okay.
[02:52:54.060 --> 02:52:56.060] Just hope Deborah doesn't hear this part.
[02:52:58.780 --> 02:52:59.340] It's okay.
[02:53:01.180 --> 02:53:04.460] Deborah's our producer. If she hears this part, she'll blame me for it.
[02:53:05.580 --> 02:53:07.020] That's right. So Shannon-
[02:53:07.020 --> 02:53:13.100] She'll accuse me of saying shit on radio. And I would never do that. Okay, let's go.
[02:53:14.300 --> 02:53:15.020] Tell me about your part.
[02:53:15.020 --> 02:53:21.420] This is, okay, wait a minute. Who are you? You're going after judges.
[02:53:21.900 --> 02:53:22.860] This is incredible.
[02:53:24.300 --> 02:53:31.420] Oh yeah, I just spoke a few weeks ago to the Judicial Council Commission
[02:53:33.020 --> 02:53:40.220] regarding sex offenders being hidden in nursing homes and not being on public database.
[02:53:41.100 --> 02:53:48.460] And using a section out of the juvenile exemption to apply to an adult offender.
[02:53:48.700 --> 02:53:58.540] So I have a senator office looking in and researching this because when I went and read
[02:53:58.540 --> 02:54:06.460] the analyst for the bill, before the exemption that they're trying to use was implemented,
[02:54:06.460 --> 02:54:11.420] and after in everything, and the analyst of the bill while it was moving on the floor
[02:54:11.420 --> 02:54:16.460] is about juvenile code. And I'm just like, what is going on people?
[02:54:16.780 --> 02:54:24.380] And I got this from the attorney that represents the Colonel of the Michigan State Police
[02:54:25.340 --> 02:54:31.660] because of the fact that they are keeping him from the database. And they're not informing
[02:54:32.460 --> 02:54:37.740] the residents of the nursing home. And I try to inform people, you know,
[02:54:37.740 --> 02:54:42.060] sex offenders have the right to be in nursing homes, but they have to be a part of the database.
[02:54:42.060 --> 02:54:47.900] They have to be a part of the database, you know, and they have to tell the residents,
[02:54:47.900 --> 02:54:52.140] they can't just secretly, you know, move and hide these people in.
[02:54:52.140 --> 02:54:55.660] We have to be able to protect ourselves and our vulnerable adults.
[02:54:55.660 --> 02:55:01.980] When we come back on the other side, what I want to try to understand is,
[02:55:03.420 --> 02:55:09.820] why are they doing this? What the heck is going on here? There has to be some underlying motive.
[02:55:12.860 --> 02:55:20.140] And how would you go about taking them on? I really don't understand why you're doing this.
[02:55:20.140 --> 02:55:25.820] Where are we going? So I can figure out how to craft a shot at these guys.
[02:55:25.820 --> 02:55:28.620] You're obviously finding some really bad stuff going on.
[02:55:31.660 --> 02:55:38.780] I'm listening to you and it's pretty incredible, but I don't have referential index for
[02:55:39.740 --> 02:55:44.300] what you're really trying to do. I went out a little sooner than I meant to.
[02:55:44.300 --> 02:55:47.340] We had 45 seconds instead of 10. We'll be right back.
[02:55:49.260 --> 02:55:53.180] Would you like to make more definite progress in your walk with God?
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[02:56:51.260 --> 02:56:57.420] You're listening to the Logos Radio Network at logosradionetwork.com.
[02:57:00.860 --> 02:57:04.780] The Bill of Rights contains the first 10 amendments of our Constitution.
[02:57:04.780 --> 02:57:08.220] They guarantee the specific freedoms Americans should know and protect.
[02:57:08.220 --> 02:57:11.180] Our liberty depends on it. I'm Dr. Catherine Albrecht,
[02:57:11.180 --> 02:57:15.580] and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[02:57:16.220 --> 02:57:21.660] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[02:57:21.660 --> 02:57:26.460] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[02:57:26.540 --> 02:57:31.820] So protect your rights, say no to surveillance, and keep your information to yourself.
[02:57:31.820 --> 02:57:36.380] Privacy, it's worth hanging on to. This public service announcement is brought to you by
[02:57:36.380 --> 02:57:41.900] Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[02:57:41.900 --> 02:57:46.860] Start over with Startpage. Imagine your mom and dad are getting
[02:57:46.860 --> 02:57:51.740] ready for bed. They pull back the covers and find a third party there. He announces,
[02:57:51.740 --> 02:57:55.900] I'm with the military and I'm sleeping here tonight. That shocking image of a third party
[02:57:55.900 --> 02:57:59.900] in my parents' bed reminds me what the Third Amendment was designed to prevent.
[02:57:59.900 --> 02:58:03.260] It protects us from being forced to share our homes with soldiers,
[02:58:03.260 --> 02:58:08.460] a common demand in the days of our founding fathers. Third party, Third Amendment? Get it?
[02:58:08.460 --> 02:58:12.220] So if you answer a knock at your door and guys in fatigues demand lodging,
[02:58:12.220 --> 02:58:16.460] tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[02:58:16.460 --> 02:58:20.620] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[02:58:31.020 --> 02:58:35.340] The Bill of Rights contains the first 10 amendments of our Constitution. They guarantee
[02:58:35.340 --> 02:58:39.740] the specific freedoms Americans should know and protect. Our liberty depends on it.
[02:58:39.740 --> 02:58:43.900] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one
[02:58:43.900 --> 02:58:49.900] of your constitutional rights. Privacy is under attack. When you give up data about yourself,
[02:58:49.900 --> 02:58:55.020] you'll never get it back again. And once your privacy is gone, you'll find your freedoms will
[02:58:55.020 --> 02:59:00.860] start to vanish too. So protect your rights. Say no to surveillance and keep your information to
[02:59:00.860 --> 02:59:06.380] yourself. Privacy, it's worth hanging on to. This public service announcement is brought to you by
[02:59:06.380 --> 02:59:13.020] startpage.com, the private search engine alternative to Google, Yahoo and Bing. Start over with
[02:59:13.020 --> 02:59:19.500] startpage. Imagine four eyes staring at you through binoculars, a magnifying glass or a
[02:59:19.500 --> 02:59:24.540] pair of x-ray goggles. That imagery reminds me that the Fourth Amendment guarantees Americans
[02:59:24.540 --> 02:59:29.420] freedom from unreasonable search and seizure. Fourth Amendment, four eyes staring at you,
[02:59:29.420 --> 02:59:33.580] get it? Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[02:59:33.580 --> 02:59:39.580] security. Case in point, TSA airport scanners that peer under your clothing. When government
[02:59:39.580 --> 02:59:44.220] employees demand a peep at your privates without probable cause, I say it's time to sound the
[02:59:44.220 --> 02:59:49.340] constitutional alarm bells. Join me in asking our representatives to dust off the Bill of Rights
[02:59:49.340 --> 02:59:54.220] and use their googly eyes to take a gander at the Fourth. I'm Dr. Catherine Albrecht.
[02:59:54.220 --> 02:59:57.100] More news and information at CatherineAlbrecht.com.
[03:00:40.060 --> 03:00:48.300] Brett Fountain, Wheel of Law Radio on this Friday, the fourth day of October 2024 on our
[03:00:48.300 --> 03:00:54.620] four hour info marathon. We have another hour to go and we got three empty spaces on the board.
[03:00:54.620 --> 03:01:03.020] So if you have a question or a comment, give us a call. And we're talking to, not Scott,
[03:01:03.020 --> 03:01:10.300] I didn't write your name down. Shannon in Michigan. Shannon, who the heck are you?
[03:01:11.660 --> 03:01:18.620] It's not, it's not often we get someone calling into our show, speaking to things in such a
[03:01:18.620 --> 03:01:25.900] sophisticated manner. You're talking about this and I'm thinking, who is this woman?
[03:01:26.540 --> 03:01:34.540] Yeah, that's great. You're digging into, hey, this judge, he owns this property and it's being
[03:01:34.540 --> 03:01:41.500] evaluated at only a fraction of what they really should be. And yeah, you're digging into places
[03:01:41.500 --> 03:01:45.660] where they really don't want you to be digging. So good for you.
[03:01:47.500 --> 03:01:50.140] What is your purpose? What are you trying to achieve here?
[03:01:50.140 --> 03:01:58.860] Well, the one thing I didn't mention was with the sex offender stuff, we were doing a FOIA
[03:01:58.860 --> 03:02:06.940] regarding a probate case that we were oversighting and involved in. And it came out, the city gave
[03:02:06.940 --> 03:02:14.940] an email citing some kind of privilege with medical to exempt information from our request.
[03:02:15.740 --> 03:02:26.460] And I correlated that it was somehow related to an attorney and I thought it worked that this
[03:02:26.460 --> 03:02:33.900] attorney worked for the city. Well, I went and looked with the state registry for the bar license
[03:02:33.900 --> 03:02:44.220] and sure enough, he has a relative that is a bar member. So I'm thinking this is a backdoor that
[03:02:44.220 --> 03:02:55.900] they have in that is part of their secret knowledge of being able to hide certain people
[03:02:55.900 --> 03:03:03.500] like their relatives when they are caught up in activity like this from being exempt from the
[03:03:03.500 --> 03:03:08.220] record and kind of, you know. Yeah, I see what you mean.
[03:03:09.100 --> 03:03:15.980] So I'm going after the bar members patterns and practices and their deficiency and their fraud
[03:03:15.980 --> 03:03:22.140] of what they're already supposed to not be doing by their conflicts of interest. And
[03:03:25.020 --> 03:03:31.180] and I do that with all government. And when I look at legislation, I've done a lot of stuff
[03:03:31.180 --> 03:03:37.660] where I call out that things are not constitutional and I've had them repealed in the state of
[03:03:37.660 --> 03:03:45.260] Michigan. So I've been trained and vetted to to do equal protection of the law. And
[03:03:45.820 --> 03:03:52.540] so that's what I do. I do government oversight and accountability and make sure they're having
[03:03:52.540 --> 03:03:59.420] transparency and doing due process and procedure. With your earlier caller, you know, when she was
[03:03:59.420 --> 03:04:05.420] talking about the performance commission and trying to get information, I was looking at
[03:04:05.420 --> 03:04:13.740] the California member, there's two legislator appointed people that are on there. And I guarantee
[03:04:13.740 --> 03:04:19.820] you that they have gotten access to these complaints and reports and have probably reported
[03:04:19.820 --> 03:04:24.700] them to committees like oversight committees or things like that, that are judicial committees
[03:04:24.700 --> 03:04:38.620] that do review very good. Getting that information that way. And also I wanted to speak about the
[03:04:38.620 --> 03:04:45.660] equal protection aspect. You got to be careful when you're applying this because in one sense,
[03:04:45.660 --> 03:04:49.740] you're talking about our privileges and communities. But then on the other sense,
[03:04:49.740 --> 03:04:55.260] when you start actually trying to engage it, the government only looks at it really
[03:04:56.700 --> 03:05:05.500] regarding interstate commerce and consumer protection aspects. So but where you're going
[03:05:05.500 --> 03:05:12.700] to find where this is created by Congress is the delegation of authority for the federal court.
[03:05:13.660 --> 03:05:18.140] And Mr. Natter has signed that and that there's no abridgment of law
[03:05:18.140 --> 03:05:23.180] regarding that. So there's that piece that you're missing with that adjoinment of equal
[03:05:23.180 --> 03:05:33.260] protection in that application. Can you send me an email to randyatrudeofourradio.com?
[03:05:35.100 --> 03:05:40.940] I would very much like to speak to you off the air. Yes, absolutely.
[03:05:40.940 --> 03:05:53.180] I have some sophisticated issues that I would like to run behind you, run by you. You seem to
[03:05:53.180 --> 03:06:05.740] have a specific knowledge base that is exactly something I would like to see. Brett and I are
[03:06:05.740 --> 03:06:12.380] both dedicated to fixing the system. Not just going out and finding a public official we can
[03:06:12.380 --> 03:06:20.620] beat up. But how do we put together a set of practices so that we can change the system
[03:06:22.300 --> 03:06:33.180] at a basic level? And we run into a lot of corruption. In our show, we try to find every
[03:06:33.180 --> 03:06:37.660] dirty, rotten, stinking, low-down trick and tactic we can use against them.
[03:06:39.660 --> 03:06:42.300] And it sounds like you have a lot of them we haven't seen yet.
[03:06:45.020 --> 03:06:56.300] Yes, I understand the many applications and jurisdictions regarding all of this and how to
[03:06:56.860 --> 03:07:04.700] come at it. And I'm to the point that with what I've been doing for the past
[03:07:05.980 --> 03:07:13.580] four, five years now, I'm ready to start filing injunctive relief against the branches
[03:07:13.580 --> 03:07:20.220] for their deficiencies. And the reason why is because it's all about their patterns and
[03:07:20.220 --> 03:07:25.180] practices and this is covered under civil rights, under fraud.
[03:07:26.940 --> 03:07:31.260] And how do you get standing to take on these seemingly generic issues?
[03:07:33.020 --> 03:07:40.540] Well, I've kind of just been doing it because I was vetted and I've demonstrated and done
[03:07:41.420 --> 03:07:48.860] this work. I don't really need anybody's permission. I just do it because I know how to access
[03:07:48.860 --> 03:07:54.300] and where to send the information. God's given me the ability and the intelligence
[03:07:54.300 --> 03:08:01.180] to know how to use the internet and pull pretty much anybody's contact information that I want to
[03:08:01.180 --> 03:08:08.700] and within government and send them a notice or an audit or supervisory control about
[03:08:09.340 --> 03:08:16.060] a deficiency that they need to correct, like the audit that I did on the judicial qualifications
[03:08:16.060 --> 03:08:22.380] commission that shut them down because they had too many bar members. They weren't good standing
[03:08:22.380 --> 03:08:29.660] per their own constitution, which when you look across the United States, it's a kind of a pattern
[03:08:29.660 --> 03:08:37.660] where like six out of 10 are not in good standing per their own constitution already as it is.
[03:08:37.660 --> 03:08:43.260] Okay, did you understand that, Brett?
[03:08:44.700 --> 03:08:51.900] Yeah, she's talking about the composition of a review board or whatever panel and she's saying
[03:08:51.900 --> 03:08:59.180] they had too many bar members. Their constitution laid out a certain exact number and they went
[03:08:59.180 --> 03:09:05.420] beyond that and they weren't even in good standing. Not enough judges, not enough citizens,
[03:09:05.420 --> 03:09:14.220] diversity of the member. Okay, the one thing I've seen, bars of all of the agencies are the most
[03:09:14.220 --> 03:09:21.900] corrupt. I think California by far is the worst. The two governors, one of them Martin Schwarzenegger,
[03:09:21.900 --> 03:09:32.540] and I forget who the other one was, refused to approve the bar's finances there because they were
[03:09:32.700 --> 03:09:41.980] so corrupt. So far, California is the worst, but the bar's associations are absolutely of all the
[03:09:41.980 --> 03:09:47.820] agencies the worst. And the reason I want to talk to you off there is I want to formulate a strategy
[03:09:47.820 --> 03:09:49.020] for going after these guys.
[03:09:51.740 --> 03:09:59.740] Awesome. We have people all over the country who really want to take advantage of these guys.
[03:10:00.700 --> 03:10:06.300] Who really want to take these guys on, but they don't have the sophistication. And frankly,
[03:10:07.020 --> 03:10:09.980] I don't have the sophistication for a lot of what I'd like to do.
[03:10:11.580 --> 03:10:15.500] To demonstrate that you have a level of sophistication that I don't have.
[03:10:18.700 --> 03:10:21.100] And I'd like to delve into that a little bit deeper.
[03:10:21.580 --> 03:10:29.660] Thank you. I appreciate it. I look forward to it. I don't really consider it sophistication. It's
[03:10:29.660 --> 03:10:39.580] just I've educated myself. I've been harmed by government actions like so many, to a point that
[03:10:39.580 --> 03:10:48.780] I had to figure out what was going on and how God wanted me to try to fix it. I think that's
[03:10:49.740 --> 03:11:00.060] how I ended up here. I have no special degree of any kind. I'm just who I am. I'm just a woman
[03:11:00.060 --> 03:11:07.740] and on a mission directed by God for a very long time. I knew my mission way before this,
[03:11:07.740 --> 03:11:12.620] but I'm in the climax of where he wants me and what I'm supposed to be doing.
[03:11:12.620 --> 03:11:16.060] That's all I have to say.
[03:11:17.900 --> 03:11:24.300] Cool. Real quick, the puzzle piece you asked about before the break, Randy,
[03:11:24.860 --> 03:11:30.060] is that all those people that were getting exemptions from these FOIA responses were all
[03:11:30.060 --> 03:11:35.580] the close relatives of bar members who should have been declaring their status on the registry
[03:11:35.580 --> 03:11:41.500] and were just being allowed to be non-responsive in that answer. So it was a cover-up that was
[03:11:41.500 --> 03:11:52.700] related to the close family members of bar members. Do you have core warrant statutes in Michigan?
[03:11:54.620 --> 03:12:02.460] Yes, we do. And who has standing to invoke the core warrant issues?
[03:12:04.060 --> 03:12:08.460] A special appearance and the attorney general.
[03:12:12.060 --> 03:12:14.380] Okay, so it's only the attorney general who can
[03:12:15.660 --> 03:12:20.380] move to remove someone core warrant. And for everybody out there who's listening who doesn't
[03:12:20.380 --> 03:12:25.180] know what core warrant is, core warrant is an action to remove a public official
[03:12:26.060 --> 03:12:31.100] who's improperly holding an office or who may be properly appointed to an office,
[03:12:31.740 --> 03:12:38.380] but who by their behavior has abdicated their position and you move core warrant
[03:12:38.380 --> 03:12:42.780] to have them removed from office. Or for some other reason might be ineligible.
[03:12:45.020 --> 03:12:51.500] Yes. We have special appearance to not just attorney general for our core
[03:12:51.500 --> 03:12:56.460] warrant aspect. So a private- Okay, hold on, hold on. Special appearance.
[03:12:56.460 --> 03:13:04.700] When we hear special appearance, we're thinking as a challenge to impersonal jurisdiction.
[03:13:04.700 --> 03:13:09.340] And I'm presuming that when you're saying special appearance, that's not what you mean.
[03:13:10.460 --> 03:13:16.140] No, special appearance means standing that you have the right to move in action in
[03:13:18.060 --> 03:13:25.740] a claim as in this fact. So you're moving like a sui juris attorney, a special attorney general,
[03:13:25.740 --> 03:13:33.100] basically. Okay, so you don't have to have a specific standing in terms of
[03:13:33.660 --> 03:13:41.180] being harmed. No, you just have to be able to cite it in affidavit.
[03:13:42.300 --> 03:13:50.140] So sounds like especially the private attorney general is somewhat different in Michigan.
[03:13:50.140 --> 03:13:53.820] And I would very much like to explore this on the other side. Randy Kelton,
[03:13:53.820 --> 03:13:56.380] where I found Louvre Radio, we'll be right back.
[03:14:53.820 --> 03:15:04.140] I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. I'm so
[03:15:04.140 --> 03:15:08.780] addicted to the truth now that there's no going back. I need my truth fixed. I'd be lost without
[03:15:08.780 --> 03:15:14.060] logos. And I really want to help keep this network on the air. I'd love to volunteer as a show producer,
[03:15:14.060 --> 03:15:18.620] but I'm a bit of a Luddite and I really don't have any money to give because I spent it all on
[03:15:18.620 --> 03:15:25.020] supplements. How can I help logos? Well, I'm glad you asked. Whenever you order anything from Amazon,
[03:15:25.020 --> 03:15:29.340] you can help logos. You can order your supplies or holiday gifts. First thing you do
[03:15:29.340 --> 03:15:36.140] is clear your cookies. Now go to logosradio network.com. Click on the Amazon logo and book
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[03:15:47.820 --> 03:15:54.860] Prime? No. I mean, yes. Wow. Giving without doing anything or spending any money. This is perfect.
[03:15:54.860 --> 03:16:05.900] Thank you so much. We are welcome. Happy holidays, logos. This is the Logos Logos Radio Network.
[03:16:05.900 --> 03:16:21.980] Oh, come on.
[03:17:21.980 --> 03:17:43.340] Okay, we are back. Randy Kelton, Brett Fountain, Move Law Radio, and we're talking to
[03:17:43.340 --> 03:17:57.020] Sharon? Scott and Shannon. Shannon, I spelled it wrong. N-N-O-N. Okay. I'm too excited here.
[03:17:57.660 --> 03:18:06.540] Okay. Brett, you did a AI search on special appearance in Michigan.
[03:18:07.340 --> 03:18:12.140] Well, you read what you found and then I'd like to comment on that.
[03:18:12.780 --> 03:18:17.500] Well, just briefly, just haven't looked much yet, but just so far it's saying
[03:18:18.140 --> 03:18:25.420] a special appearance in a Michigan Quo Warranto case is when a defendant
[03:18:25.420 --> 03:18:30.060] enters the action only to object that the court has no jurisdiction.
[03:18:30.060 --> 03:18:39.580] And Shannon, how would, okay, you were speaking to special appearance.
[03:18:40.380 --> 03:18:43.420] Is that what you were speaking to or was it something else?
[03:18:43.980 --> 03:18:50.140] No. In the statute here in Michigan, it lays out who can
[03:18:50.220 --> 03:18:57.980] and produce a claim under that Quo Warrant for a public official.
[03:18:59.020 --> 03:19:07.020] So I'm not going based on the judicial standing of appearance and objection process of court,
[03:19:07.020 --> 03:19:14.700] you know, what that means. I'm going on the service and engagement of initiating the action
[03:19:14.700 --> 03:19:22.540] who has the authority to. Okay. Who does have standing to initiate a Quo Warranto action
[03:19:22.540 --> 03:19:30.220] in Michigan? In that section, it cites AG and special appearance.
[03:19:34.620 --> 03:19:38.700] Who is making a special appearance? Oh, I see here that says special
[03:19:38.700 --> 03:19:48.220] leave of the court. Okay. So in Michigan court rules, 3.306 Quo Warranto,
[03:19:49.820 --> 03:19:58.300] and it speaks to the parties in here. And so subsection B1 is talking about the action
[03:19:58.300 --> 03:20:03.580] that has to come from the attorney general when the action is against blah, blah, blah,
[03:20:03.580 --> 03:20:10.940] all this stuff. And then there's a subsection B2 that says actions by a prosecutor or a citizen.
[03:20:12.220 --> 03:20:14.540] B? Yeah. And it says
[03:20:17.020 --> 03:20:21.980] other actions for Quo Warranto may be brought by the prosecuting attorney of the proper county
[03:20:21.980 --> 03:20:28.700] without leave of the court or by a citizen of the county by special leave of the court.
[03:20:29.500 --> 03:20:33.820] So I think, is that what you're referring to Shannon,
[03:20:33.820 --> 03:20:37.580] is this special leave of the court so that you can bring the Quo Warranto?
[03:20:38.780 --> 03:20:44.060] Right. And plus I've been vetted as like a friend of the court kind of.
[03:20:48.060 --> 03:20:50.060] You're coming in amicus curiae.
[03:20:50.060 --> 03:20:59.100] Yeah. Without having to really do all of that because somebody else did the work for me,
[03:20:59.100 --> 03:21:04.620] the person that vetted me, they already laid out that foundation. So all I have to do is
[03:21:05.180 --> 03:21:13.100] go around asserting it. And so I've just been doing, I've just been doing all kinds of stuff.
[03:21:13.740 --> 03:21:23.180] I filed an affidavit in a case to the judge reporting that another judge of the court was
[03:21:23.180 --> 03:21:31.820] participating in mortgage fraud with a shell company and that her husband that was the attorney
[03:21:31.900 --> 03:21:42.300] was the one that was the main principle operating this fraud in that also I have
[03:21:42.300 --> 03:21:51.340] evidence that he was caught at notarizing his own documents. So that affidavit to that judge
[03:21:51.340 --> 03:21:56.780] caused that other judge to step down unexpectedly from her position.
[03:21:56.780 --> 03:22:05.660] And I didn't have to file, I didn't have to file an official court case in that. I didn't have to
[03:22:05.660 --> 03:22:12.380] file a judicial complaint or anything like that. That's great. Just because she's reporting
[03:22:12.380 --> 03:22:17.180] corruption, she just does it. Like she doesn't, I mean, standing when you're reporting corruption
[03:22:17.180 --> 03:22:25.340] or fraud. Right. Yeah. Yeah. If somebody else feels like you does it, don't have standing,
[03:22:25.340 --> 03:22:33.900] let them raise the issue. Right. As long as you have the evidence to show the factual claims
[03:22:33.900 --> 03:22:40.220] that you're making about fraud or corruption and it's not frivolous or fraudulent on your part,
[03:22:41.180 --> 03:22:44.860] nobody can do anything about it because it becomes prima facie evidence.
[03:22:45.980 --> 03:22:48.700] Okay. That goes to the nature of reporting crime.
[03:22:48.940 --> 03:22:57.420] Right, exactly. And we all have the responsibility for public safety and welfare and for deficiencies
[03:22:57.420 --> 03:23:06.220] within our institutions to report fraud and corruption. In the Fed, under 18 U.S. Code 4,
[03:23:07.340 --> 03:23:13.420] if you have knowledge that a felony has been committed and you don't give notice to some
[03:23:13.420 --> 03:23:25.260] magistrate of that crime, then you have committed, what is it? Missed prison of felony.
[03:23:25.980 --> 03:23:34.620] So that goes to the states in that the state needs the public to assist them in the
[03:23:36.780 --> 03:23:42.940] suppression of crime. And the way to do that is reporting crime to the police.
[03:23:43.820 --> 03:23:49.100] So if you report crime, you are absolutely protected
[03:23:50.940 --> 03:23:57.980] because of the way the system's put together. You're reporting that you have reason to believe
[03:23:57.980 --> 03:24:03.100] and do believe that crime has been committed by some person. It hurts no one.
[03:24:04.380 --> 03:24:08.860] So you can do no harm doing that, so long as you always tell the truth
[03:24:09.820 --> 03:24:17.020] because reporting crime harms no one. When the crime is reported, it's to be reported
[03:24:17.020 --> 03:24:25.340] to some magistrate and then the magistrate will hold an examination into the sufficiency of the
[03:24:25.340 --> 03:24:34.700] assertion. And if the magistrate finds probable cause, then some harm can accrue to the accused.
[03:24:35.340 --> 03:24:36.860] Yeah, but it's by due process.
[03:24:37.580 --> 03:24:41.100] By due process, not by the act of the citizen reporting the crime.
[03:24:42.380 --> 03:24:45.100] They've harmed no one, so you're absolutely protected.
[03:24:47.340 --> 03:24:47.660] Yeah.
[03:24:47.660 --> 03:24:52.620] So Shannon, I'm wondering about something. You mentioned you've been vetted. What is this
[03:24:52.620 --> 03:24:56.540] vetting process? Who vetted you and how did that work?
[03:24:56.540 --> 03:24:58.140] Wait a minute, wait a minute before you answer that.
[03:24:58.140 --> 03:24:59.740] Can other people be vetted?
[03:24:59.740 --> 03:25:05.660] Hold on, Brett. I didn't ask that question. Is this something you want to go to?
[03:25:09.340 --> 03:25:09.820] Shannon.
[03:25:11.580 --> 03:25:16.220] No, not particularly on air. I can private with you guys, but.
[03:25:17.260 --> 03:25:21.500] Okay, good, good. Brett, I kind of got that feel from
[03:25:22.780 --> 03:25:26.220] the way she didn't speak to it. That's why I asked that question that way.
[03:25:28.220 --> 03:25:28.700] Fair enough.
[03:25:29.820 --> 03:25:35.980] Very much like to talk about that off the air. You have some knowledge that
[03:25:37.260 --> 03:25:44.060] on an area I am very much interested in. We're looking for all the ways
[03:25:44.700 --> 03:25:48.300] we can stick our boots up their professional behinds.
[03:25:51.260 --> 03:25:58.780] We consider ourselves citizens in a republic. And the buck stops with us.
[03:25:59.980 --> 03:26:06.380] If the republic is not working right, we don't get to go blame the employees of the republic.
[03:26:07.340 --> 03:26:10.140] We have to go blame ourselves for not
[03:26:12.300 --> 03:26:23.820] controlling and handling the governmental instruments we have created.
[03:26:24.220 --> 03:26:31.100] And I want to know every way I can stick my boot up their professional behinds.
[03:26:33.900 --> 03:26:40.780] We've got a lot of them. Public official gives me about two ounces of crap. He gets a 911 call.
[03:26:42.620 --> 03:26:46.860] We got ways of beating them up. And it sounds like you have some tools that are
[03:26:47.820 --> 03:26:54.620] far more sophisticated than what we're used to using. So hang on, Randy Kelton, Brett Fountain.
[03:26:55.340 --> 03:26:56.220] We'll be right back.
[03:27:00.540 --> 03:27:06.380] A top cybersecurity expert has a warning for America. If you build an electrical smart grid,
[03:27:06.380 --> 03:27:10.620] the hackers will come and they could cause a catastrophic blackout.
[03:27:10.620 --> 03:27:14.300] I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
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[03:27:44.460 --> 03:27:49.020] Governments love power, so it's only natural they'd want to control the power going into
[03:27:49.020 --> 03:27:54.220] your home too with a smart grid. So they're installing a national network of smart meters
[03:27:54.220 --> 03:27:58.700] to remotely monitor electric use for efficiency and avoid grid failure.
[03:27:58.700 --> 03:28:03.980] But cybersecurity expert David Chalk says not so fast. If we make the national power grid
[03:28:03.980 --> 03:28:09.500] controllable through the web, hackers will have a field day. Working remotely, they could tap in
[03:28:09.500 --> 03:28:15.100] and black out the entire nation, leaving us vulnerable to our enemies. I've long opposed
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[03:28:20.780 --> 03:28:25.820] There's nothing smart about that. I'm Dr. Catherine Albrecht for StartPage.com,
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[03:28:30.460 --> 03:28:35.900] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[03:30:01.900 --> 03:30:06.860] You are listening to the Logos Radio Network, logosradionetwork.com.
[03:30:26.380 --> 03:30:28.860] The Use Against the Workers of Iniquity
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[03:32:02.060 --> 03:32:06.300] They come from natural divinity With steadfast roots and authenticity
[03:32:06.940 --> 03:32:11.260] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio,
[03:32:11.260 --> 03:32:15.660] and we were talking to Scott in Michigan, but we dumped him like a hot rock.
[03:32:17.980 --> 03:32:21.740] Now we're talking to Shannon. Okay, let me make sure you're unmuted.
[03:32:22.460 --> 03:32:31.580] Okay, so what, you know, on this show, have you listened to our show before, Shannon?
[03:32:34.300 --> 03:32:38.380] I think I briefly, very minimal.
[03:32:38.380 --> 03:32:43.100] Okay, that answers it briefly. We have a lot of tools,
[03:32:44.700 --> 03:32:49.740] and we have tried to accumulate the most powerful and effective tools.
[03:32:50.700 --> 03:32:53.900] How many bar grievances have you filed against lawyers?
[03:32:55.900 --> 03:32:57.020] None, actually.
[03:32:58.700 --> 03:33:03.820] We have some stuff to trade. How many professional conduct
[03:33:03.820 --> 03:33:06.140] complaints have you filed against police officers?
[03:33:08.540 --> 03:33:16.860] Actually, I created the Oversight Commission where I was living at for that grievance process
[03:33:16.860 --> 03:33:23.100] through the Civil Board Commission because they didn't have a body for that oversight
[03:33:23.100 --> 03:33:29.340] complaint for the police department. So I'm kind of above that, and I also
[03:33:30.060 --> 03:33:34.700] called out the fact that the oversight body didn't even have established where they could
[03:33:34.700 --> 03:33:41.020] have a FOIA process to the police department to review body cam and request. I was like,
[03:33:41.020 --> 03:33:47.100] how can you guys even take complaints if you're not even reviewing the evidence of the complaint
[03:33:47.100 --> 03:33:52.220] that doesn't even make any sense? Okay, I'm gonna throw something at you,
[03:33:52.220 --> 03:33:55.180] I think you'll find interesting. Okay.
[03:33:56.220 --> 03:33:59.820] If you file a bar grievance against a lawyer,
[03:34:01.100 --> 03:34:04.700] the state bar will get that grievance and they'll throw it in the trash.
[03:34:06.060 --> 03:34:07.820] Yeah. And they'll send you a letter
[03:34:07.820 --> 03:34:12.220] that says, we examined into your accusation, find it does not rise to the level of misconduct.
[03:34:12.220 --> 03:34:16.540] About how many of those do you have, Brett? Oh, giant stack.
[03:34:17.500 --> 03:34:25.980] Okay. And that's a good thing. The reason that's a good thing is that the lawyer has an insurance
[03:34:25.980 --> 03:34:37.740] carrier. And that insurance carrier has a agent. And it is the agent's job to charge his client
[03:34:37.740 --> 03:34:46.300] as much as possible and avoid any claims. So the agent knows that if you file a bar
[03:34:46.300 --> 03:34:50.780] grievance against a lawyer, the state bar is gonna get it and they're gonna throw it in the trash.
[03:34:51.740 --> 03:34:57.740] So how does he gauge his level of risk? By valid bar grievances? They throw them all in the trash.
[03:34:58.620 --> 03:35:07.500] By the numbers, nine primary providers of legal errors and emissions policies in the country.
[03:35:08.060 --> 03:35:12.220] They are all underwritten by laws of London. They all have the same criteria.
[03:35:13.500 --> 03:35:16.700] One bar grievance, your first year of practice, they cancel.
[03:35:16.700 --> 03:35:23.340] Valid, invalid, they don't care. Bar throws them all in the trash.
[03:35:24.060 --> 03:35:27.820] They can't go by the validity of the complaint, just by the numbers.
[03:35:28.780 --> 03:35:31.660] Two bar grievances, any one year of practice, they cancel.
[03:35:32.380 --> 03:35:41.180] Three, they cancel your law firm's malpractice insurance. Lawyers are low hanging fruit.
[03:35:41.180 --> 03:35:47.180] But of all the people out there, lawyers are the most vulnerable,
[03:35:47.980 --> 03:35:55.420] once you know what the weakness is. Police officers, post-complaint, I think it's post
[03:35:55.420 --> 03:36:03.260] in Michigan, police officer certification training. Except they spell it with an S instead of a C.
[03:36:04.140 --> 03:36:04.860] The standards.
[03:36:06.220 --> 03:36:12.940] If you file a complaint with the police officer, whatever agency it is, in Texas,
[03:36:12.940 --> 03:36:18.380] it's called TCLOS, Texas Commission on Law Enforcement. They train and certify peace
[03:36:18.380 --> 03:36:26.780] officers. If you file a complaint with them, the officer's agency has a bond.
[03:36:27.180 --> 03:36:31.180] And for that bond, they have a bonding agent.
[03:36:32.780 --> 03:36:38.060] And he's sitting back there looking for a reason to raise the bond rating for the jurisdiction
[03:36:39.500 --> 03:36:47.260] and avoid claims. So if a police officer gets six professional conduct complaints,
[03:36:47.260 --> 03:36:51.100] the bonding agent is going to come to the jurisdiction and say, hey guys,
[03:36:52.060 --> 03:36:59.740] you got this Jack Boot here and he's got a half dozen professional conduct complaints against him.
[03:36:59.740 --> 03:37:05.420] He is an unacceptable risk. If you renew his contract,
[03:37:06.460 --> 03:37:09.020] we'll raise the bond rating on your whole department.
[03:37:10.300 --> 03:37:12.540] What do you think's going to happen to Joe Jack Boot?
[03:37:13.980 --> 03:37:18.540] And same thing with bar grievances. This guy don't care if they're valid or not.
[03:37:18.860 --> 03:37:23.660] Because he knows that the state commission will just throw him in the trash anyway,
[03:37:23.660 --> 03:37:32.300] just like the bar does. And the policeman know, a guy I was helping, talking to the judge and
[03:37:32.300 --> 03:37:36.940] giving the judge a hard time, the bailiff come up behind him and poked him in the back with a pencil.
[03:37:38.620 --> 03:37:41.420] And he turned around and landed in the middle of the bailiff.
[03:37:42.380 --> 03:37:45.900] And he's complaining to me about it. And I told him, we'll call the sheriff. And he called the
[03:37:45.900 --> 03:37:49.260] sheriff. The sheriff didn't respond. He complained about that. And I said,
[03:37:50.540 --> 03:37:55.820] Tico complained against him. So he filed one. Two years later, there was an accident in front of
[03:37:55.820 --> 03:38:01.820] his auto shop in a small town. So he went to see if he had any damage. And he knew the woman in
[03:38:01.820 --> 03:38:07.420] the accident. And she's in the ambulance and the cop's in there. And he asked if she was all right.
[03:38:07.420 --> 03:38:12.860] And it's the sergeant he filed against. And the sergeant just was incredibly rude to him.
[03:38:13.500 --> 03:38:19.580] So he called the sheriff again. The sheriff got in his cruiser 35 miles away
[03:38:20.300 --> 03:38:24.860] and drove to Newark, Texas and talked to him for two hours about this.
[03:38:25.500 --> 03:38:31.340] And in the conversation, he said, why didn't you file a Tico complaint the last time?
[03:38:31.340 --> 03:38:37.340] Why didn't you call me? And Tim said, while I did call you, you didn't respond.
[03:38:37.900 --> 03:38:43.580] And he told me that. And I thought, Bubba, you should not play poker.
[03:38:46.140 --> 03:38:52.140] The high sheriff of the county drove 35 miles and spent two hours with this guy
[03:38:53.020 --> 03:38:57.820] to make sure he didn't file another professional conduct complaint.
[03:38:59.740 --> 03:39:03.420] You shouldn't tell us what your Achilles heel is.
[03:39:03.420 --> 03:39:11.340] And you were speaking to this judge with property. I have a motion for judicial
[03:39:11.340 --> 03:39:19.180] disclosure. I want to know all the properties a judge owns. Because I'm going to go look in
[03:39:19.180 --> 03:39:26.700] the county recorder's office. I want to see how many liens have been filed against this property
[03:39:26.700 --> 03:39:35.020] and paid off. This is the preferred method of judges to launder their hush money.
[03:39:37.020 --> 03:39:43.580] They get a lien against the property and somebody else pays it off. Money is laundered.
[03:39:45.260 --> 03:39:53.660] And so anyway, in talking to you, it's clear to me, you have weak points we don't know about.
[03:39:57.100 --> 03:39:59.580] And I want to know where all their weak points are.
[03:40:00.700 --> 03:40:07.660] If we're going to bring these public officials back in line, this is how we're going to do it.
[03:40:08.860 --> 03:40:12.860] And when we come back, the first thing I want to ask you about
[03:40:14.380 --> 03:40:20.940] is the nature of grand juries in Michigan.
[03:40:21.660 --> 03:40:25.740] We have grand juries in Texas and
[03:40:27.900 --> 03:40:33.260] most people think that the prosecuting attorney controls the grand jury.
[03:40:35.260 --> 03:40:39.820] Maybe and maybe not, it doesn't make any difference. The fact that we got them
[03:40:40.780 --> 03:40:44.780] scares the crap out of public officials when you file a criminal complaint with them.
[03:40:45.500 --> 03:40:48.140] How does it work in Michigan?
[03:40:49.260 --> 03:40:52.620] It's grand juries. Hang on, Randy Kelton, Brett Fountain,
[03:40:52.620 --> 03:40:55.420] Rudolph our radio. We'll be right back.
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[03:43:54.300 --> 03:43:56.700] So
[03:44:04.780 --> 03:44:08.700] many long nights, many strong thrills,
[03:44:08.700 --> 03:44:15.580] land of comfort, land of scuffle.
[03:44:18.860 --> 03:44:24.540] It's hard to lose, and it's hard to hold.
[03:44:27.740 --> 03:44:36.700] Far back as they remember, they've been told they got to learn sign language.
[03:44:37.660 --> 03:44:43.980] Okay, we are back. Randy Kelton here on our radio, and we're talking to Shannon in Michigan.
[03:44:44.860 --> 03:44:57.660] Shannon, what tools do you have that we can use to put public officials on a dime they don't want
[03:44:57.660 --> 03:45:05.340] to be in so that they will have good reason to stop doing the garbage they're doing? The
[03:45:05.340 --> 03:45:10.940] co-warrantor thing is definitely one of them. What else do you have?
[03:45:12.780 --> 03:45:20.620] I have where federal funding brings it of a federal interest in standing
[03:45:22.140 --> 03:45:29.100] to be able to initiate claims of this nature. Okay, wait a minute, hold on, step back a second.
[03:45:29.900 --> 03:45:33.180] Federal interest in standing.
[03:45:35.500 --> 03:45:37.100] Yeah. What is it?
[03:45:39.660 --> 03:45:46.220] One of the highest interests of government is fraud, waste, and abuse, and corruption,
[03:45:46.860 --> 03:45:54.220] especially when it comes to federal funding. So that, you know, you were talking earlier about
[03:45:54.860 --> 03:46:01.260] reporting crimes. It's even elevated if you're receiving federal money. It's like
[03:46:01.260 --> 03:46:07.020] a really big deal. That's what that federal against the state, you know, oversight and
[03:46:08.460 --> 03:46:15.020] measure is supposed to do. Is Big Brother supposed to be able to come in and squash
[03:46:15.580 --> 03:46:20.300] what the state's authority is doing when they're participating and getting those incentives?
[03:46:21.260 --> 03:46:27.260] Okay, do you know who Big Brother is specifically? We can go find him and drag him in here.
[03:46:33.580 --> 03:46:35.260] Well, there's a lot of Big Brothers.
[03:46:36.940 --> 03:46:41.340] It's kind of in terms of, okay, we've got bar grievances, we've got judicial counter complaints.
[03:46:42.620 --> 03:46:49.580] A friend of mine's brother became a lawyer, and he became a municipal judge. And Ken told
[03:46:49.660 --> 03:46:53.420] him that I was filing a judicial conduct complaint against the JP.
[03:46:54.060 --> 03:47:03.100] And he said, oh man, tell him not to do that. The judicial conduct commission only sanctions
[03:47:04.220 --> 03:47:10.860] inferior court judges, municipal judges, and JP's. They don't sanction anybody else.
[03:47:10.860 --> 03:47:15.180] They just sanction us, so it'll make it look like they're doing something.
[03:47:16.140 --> 03:47:20.220] And he told me that, so I went in and searched all the sanctions they gave out.
[03:47:21.500 --> 03:47:29.260] He was right, they did. So for these judges, this was absolutely their Achilles heel.
[03:47:30.220 --> 03:47:36.380] So what I'm looking for is other Achilles heels they have, even if they don't know about them.
[03:47:36.700 --> 03:47:43.500] Well, the person I was vetted by, he actually did an
[03:47:44.860 --> 03:47:53.420] auditor's compilation report with a CPA accountant regarding attorney grievances
[03:47:53.420 --> 03:48:01.820] and judicial grievances. And they did where they compiled for several states over several years.
[03:48:02.460 --> 03:48:15.020] And the percentage overall was like 97.3%, where they didn't do anything on complaints,
[03:48:15.020 --> 03:48:20.700] basically. They just threw them out the window. So we have that piece.
[03:48:21.340 --> 03:48:29.180] Then as far as you were talking about how the grievances impact their bonds and insurance and
[03:48:29.180 --> 03:48:36.300] stuff like that, I actually have an insurance policy for Oakland County here in Michigan for
[03:48:36.300 --> 03:48:44.380] their courthouse and how that's all disseminated together and all that detailed information.
[03:48:45.340 --> 03:48:53.020] And I actually called the insurance company, and they couldn't locate the policy because these are
[03:48:53.020 --> 03:48:58.700] policies that they don't keep in the public database. And every court has one.
[03:48:59.820 --> 03:49:05.740] All the people within there are considered employees. The county commissioners are
[03:49:05.740 --> 03:49:14.460] considered employees. Their judicial campaigns are considered part of their employees.
[03:49:14.700 --> 03:49:23.100] The tax people, they're considered part of it. It's crazy. You're just like,
[03:49:23.100 --> 03:49:28.060] what is going on here? And then when you read into language, it's insane.
[03:49:29.740 --> 03:49:38.060] But it does very clearly state that if they do a breach of their performance and duty,
[03:49:38.620 --> 03:49:44.140] that the insurance policy will not cover them, that they are supposed to be in good faith.
[03:49:44.860 --> 03:49:49.900] And if they're not, then they're supposed to be terminated.
[03:49:50.940 --> 03:49:53.820] So- Okay, how did you get this policy?
[03:49:55.820 --> 03:49:56.940] I got it through- You won't tell me.
[03:49:58.780 --> 03:50:02.220] I got it through somebody that knew somebody that worked at the courthouse.
[03:50:03.180 --> 03:50:07.820] Okay, so you weren't able to request it directly?
[03:50:07.820 --> 03:50:11.660] No. Or once you know where it's at,
[03:50:12.620 --> 03:50:17.340] is there a way to request it through the Michigan Open Records Act?
[03:50:21.260 --> 03:50:28.060] I think they would probably consider it exempt. I think it was by grace of God or
[03:50:29.100 --> 03:50:33.420] someone wanting this information to get out, how this got to me.
[03:50:33.420 --> 03:50:38.140] Okay, okay. I have another question.
[03:50:38.140 --> 03:50:43.580] Yeah, I don't think people would be able to access this information. So I took that policy
[03:50:43.580 --> 03:50:50.620] and I went and engaged the State Financial Insurance Division of the state that manages
[03:50:50.620 --> 03:50:56.460] insurance. And they said they had no jurisdiction over this stuff. And I was just like, whoa.
[03:50:57.420 --> 03:51:05.820] So, they're claiming a whole exemption. Everything they do and is attached to,
[03:51:05.820 --> 03:51:09.820] they act like it's just private. And they can just do whatever they want.
[03:51:11.820 --> 03:51:24.460] Did you check with the county comptroller? And get all of the expenditures by the county
[03:51:25.420 --> 03:51:37.340] for insurance or indemnity policies? If they spend money for it, it has to be public.
[03:51:39.180 --> 03:51:46.300] Right. And that's what's weird is because the insurance policy through the courthouse
[03:51:46.300 --> 03:51:50.860] is covering the county commissioner. So I don't think the county commissioners have
[03:51:50.940 --> 03:51:55.900] their own policy because, and this is how they're able to keep it separated.
[03:51:55.900 --> 03:52:00.380] Because they're going to claim it's exempt underneath their judicial exemption.
[03:52:01.660 --> 03:52:07.100] Okay, let me tell you one thing about that. I had a lawyer tell me about
[03:52:08.300 --> 03:52:15.580] errors in emissions policies. Their errors in emissions policies requires that if a lawyer
[03:52:16.540 --> 03:52:26.780] has anything happen that for which he could possibly be sued, he must notify the insurance
[03:52:26.780 --> 03:52:34.300] carrier. Otherwise, he's not covered. Well, I guarantee you they're all in
[03:52:34.300 --> 03:52:39.740] cahoots because it's not being done, okay? Yeah, the insurance company is not in
[03:52:39.740 --> 03:52:44.220] cahoots with them because they want to be able to gauge their level of risk.
[03:52:46.060 --> 03:52:50.460] And what their policy says, what the errors in emissions policies say,
[03:52:51.660 --> 03:52:57.660] is that the lawyer must give notice. If he fails to give notice and is subsequently sued,
[03:52:57.660 --> 03:53:05.420] he's not covered. Well, maybe that's the way we need to go at it is that going at the
[03:53:06.140 --> 03:53:11.980] insurance association that all those insurance companies are tied to.
[03:53:12.940 --> 03:53:19.900] And giving them notice because of the fact that we're not able to access that.
[03:53:21.580 --> 03:53:32.140] If the bond is paid for by public funds, that absolutely has to be public. The one thing that's
[03:53:32.140 --> 03:53:40.380] always public is the money. Yes, and the thing is the original foundation of bonds, they used to
[03:53:40.380 --> 03:53:47.260] have to go to the clerk and pay the clerk like 10 bucks to have their bond created.
[03:53:47.260 --> 03:53:53.020] So it was organic within that body. It wasn't through a corporation insurance company.
[03:53:57.180 --> 03:54:02.940] You said they used to. How is it now? Yeah, everything's done through an insurance
[03:54:03.740 --> 03:54:09.100] company policy. Everything's done by an incorporation aspect. It's not de jure anymore.
[03:54:09.980 --> 03:54:16.860] Insurance companies are highly regulated and therefore fall under the open records act.
[03:54:19.260 --> 03:54:23.900] So we may be able to get information. What I'm saying is we don't necessarily go
[03:54:24.700 --> 03:54:27.980] start a fight with the insurance company, but everything's political.
[03:54:29.500 --> 03:54:36.460] If we go poke in the insurance company or we give notice, if we know who the bonding company is for
[03:54:36.460 --> 03:54:47.580] an agency and we file a notice of intent to sue, send it to the agency as well. Whoever holds their
[03:54:47.580 --> 03:54:56.620] policy, that's got to be something that cannot be secret. Well, when I went down the rabbit hole and
[03:54:56.620 --> 03:55:03.100] I tried to acquire about all the policy numbers, the representative could not find them in the
[03:55:03.900 --> 03:55:09.820] electronic database. And she had to transfer me to a special division. And then there was only
[03:55:09.820 --> 03:55:17.340] a certain guy that dealt with it. So they have specific people assigned to this stuff.
[03:55:18.300 --> 03:55:24.380] Okay, we're going to run out of time. And John, I'm sorry we didn't get to you, but this is way too
[03:55:24.380 --> 03:55:32.300] interesting. Send me an email. I'd very much like to talk about this and plot strategy with you off
[03:55:32.300 --> 03:55:39.340] the air. Thank you all for listening. Andy Kelton, Brett Fountain, Wheel of Law Radio. We'll be back
[03:55:39.340 --> 03:55:47.180] next week on our regular two hour on Thursday and four hour show on Friday. Thank you all for listening
[03:55:47.740 --> 03:55:54.700] and good night. Bibles for America is offering absolutely free a unique study Bible called
[03:55:54.700 --> 03:56:00.220] the New Testament Recovery Version. The New Testament Recovery Version has over 9,000 foot
[03:56:00.220 --> 03:56:06.300] notes that explain what the Bible says verse by verse, helping you to know God and to know the
[03:56:06.300 --> 03:56:15.660] meaning of life. Order your free copy today from Bibles for America. Call us toll free at 888-551-0102
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[03:56:50.380 --> 03:56:55.260] Looking for some truth? You found it. logosradionetwork.com
[03:56:59.740 --> 03:57:09.580] The Ten Commandments are a cornerstone of Judaism, Islam, and Christianity. If you're an educated
[03:57:09.580 --> 03:57:14.060] person, you should probably know them, regardless of your religion. I'm Dr. Catherine Albrecht,
[03:57:14.060 --> 03:57:17.580] and I'll be right back with a tip to help you remember one of the Ten Commandments.
[03:57:18.300 --> 03:57:23.820] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[03:57:23.820 --> 03:57:27.980] And once your privacy is gone, you'll find your freedoms will start to vanish,
[03:57:28.620 --> 03:57:34.700] so protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[03:57:34.700 --> 03:57:39.900] it's worth hanging on to. This public service announcement is brought to you by Startpage.com,
[03:57:39.900 --> 03:57:45.900] the private search engine alternative to Google, Yahoo, and Bing. Start over with Startpage.
[03:57:47.580 --> 03:57:53.660] Commandment number one says, one God only, thou shalt have no other gods before me. The idea of
[03:57:53.660 --> 03:57:58.940] only one God was revolutionary back when Moses delivered that commandment. Monotheism, or the
[03:57:58.940 --> 03:58:03.580] worship of a single supreme god, was certainly not the norm among the peoples of the Middle East.
[03:58:03.580 --> 03:58:08.700] Many religions at that time worshipped multiple gods, and the idea of one god set the Jews apart.
[03:58:08.700 --> 03:58:13.260] It's a cornerstone of Islam and Christianity as well. Of all the world's moral codes,
[03:58:13.260 --> 03:58:18.300] the Ten Commandments have probably inspired more commitment and controversy than any other.
[03:58:18.300 --> 03:58:22.460] The next time they come up in conversation, you'll be prepared by knowing that commandment
[03:58:22.460 --> 03:58:29.660] number one says only one God. I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:58:35.500 --> 03:58:40.700] The Ten Commandments are a cornerstone of Judaism, Islam, and Christianity. If you're an educated
[03:58:40.700 --> 03:58:45.340] person, you should probably know them, regardless of your religion. I'm Dr. Catherine Albrecht,
[03:58:45.340 --> 03:58:48.860] and I'll be right back with a tip to help you remember one of the Ten Commandments.
[03:58:49.340 --> 03:58:54.860] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[03:58:54.860 --> 03:58:59.660] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[03:58:59.660 --> 03:59:05.820] So protect your rights, say no to surveillance, and keep your information to yourself. Privacy,
[03:59:05.820 --> 03:59:11.020] it's worth hanging on to. This public service announcement is brought to you by Startpage.com,
[03:59:11.020 --> 03:59:17.020] the private search engine alternative to Google, Yahoo, and Bing. Start over with Startpage.
[03:59:17.900 --> 03:59:22.940] Commandment number two says don't make images of things God has made and don't worship them.
[03:59:22.940 --> 03:59:28.140] Thou shalt not make any graven image or likeness of anything in heaven, on earth, or in the water.
[03:59:28.140 --> 03:59:33.260] Thou shalt not bow down to them nor serve them. In other words, don't make a duplicate or two
[03:59:33.260 --> 03:59:39.020] of anything made by God. Back when Moses delivered that commandment, idol worship was rampant. Many
[03:59:39.020 --> 03:59:44.860] cultures built statues of gods and even sacrificed their children to them. Moses' own followers
[03:59:45.180 --> 03:59:50.300] built a golden calf to worship, but the second commandment forbids that. Commandment number two,
[03:59:50.300 --> 03:59:53.980] don't make two of anything God has already made and worship God alone.
[03:59:54.700 --> 03:59:58.700] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[04:00:15.100 --> 04:00:34.300] Oh, what I would do to have the kind of faith it takes to climb out of this boat of wind
[04:00:34.300 --> 04:00:44.620] and wind, onto the crashing waves, to step out of my comfort zone, into the realm of the unknown,
[04:00:44.620 --> 04:00:53.740] where Jesus is, and is holding out his hand. But the waves are calling out my name and they
[04:00:53.740 --> 04:01:01.180] laugh at me, reminding me of all the times I tried before and failed.
[04:01:02.460 --> 04:01:09.180] The waves they keep on telling me time and time again, boy, you never win.
[04:01:11.260 --> 04:01:13.180] You never win.
[04:01:23.740 --> 04:01:49.020] Good evening, everyone, and welcome to scripture talk on this September 18th, 2024. I'm Nana,
[04:01:49.020 --> 04:01:54.140] and for the next two hours, we'll be hosting an online interactive study of God's Word.
[04:01:54.140 --> 04:02:00.140] Our goals for this study are in accord with Matthew 516. Let your light so shine before men