ROL_2025-06-26_16k.timecode
[00:00.000 --> 00:27.280] Good evening. This is the rule of law radio. Thursday, the 26th of June, 2025. Randy Kelton
[00:27.280 --> 00:32.400] is offline this evening. This is Brett Fountain, and we're going to just go straight to callers.
[00:32.400 --> 00:38.080] If anybody has any questions they'd like to deal with, I don't really feel the need to start off
[00:38.080 --> 00:43.760] and tell all about what's going on right now, unless maybe nobody calls in, then we might talk
[00:43.760 --> 00:52.640] about some of that. But the call-in number is 512-646-1984. We'll just go ahead and start
[00:52.640 --> 00:59.920] right out with whatever issues you have going on. We'll talk about it together, maybe brainstorm
[00:59.920 --> 01:06.240] some ways that you can seek remedy. Our legal system is set up so that it doesn't just
[01:06.240 --> 01:14.720] automatically give remedy. When people deal with each other, we naturally and intuitively
[01:15.200 --> 01:23.040] try to do right by each other. So if somebody notices that maybe you bumped into somebody at
[01:23.040 --> 01:27.520] the grocery store and you turn and you politely say, excuse me, and you move your cart out of the
[01:27.520 --> 01:36.800] way, just naturally we try to set things right in whatever interactions are happening. And yet,
[01:37.440 --> 01:47.200] in law, that is not automatic. We have to really seek it out and we have to push to get
[01:48.640 --> 01:55.520] what's really right to happen. So that's what we're going to talk about. Anybody that wants
[01:55.520 --> 01:59.040] to call in, talk about your situation. Let's go ahead and get into it.
[01:59.840 --> 02:06.880] Um, yeah, the way things are in court, that's kind of why we have
[02:08.240 --> 02:17.840] courts should be the last resort, the remedy of last resort. It means you should try to arrange
[02:17.840 --> 02:26.480] things, try to settle things out of court first before you go into this, this matrix, this world
[02:26.480 --> 02:33.600] where everything is, uh, everybody speaks legalese and there's a whole bunch of rules that
[02:34.400 --> 02:40.880] are, people don't interact in their normal life using rule numbers,
[02:41.840 --> 02:49.360] but that's the only way things work in court. You can't go into court expecting that just because
[02:49.360 --> 02:55.920] something is right, that somehow that will magically happen, even if the judge believes you.
[02:57.040 --> 03:05.360] That's just not the way things are communicated and there's a certain time for people to talk
[03:05.360 --> 03:12.400] and this can only happen after that happens and so forth. And this is not natural. It's not normal
[03:12.400 --> 03:18.240] for people to think in that way. If you end up going to court, you need to be prepared
[03:19.040 --> 03:28.240] to think in that way and to, um, to behave in that way. So that's what we're talking about
[03:28.240 --> 03:33.840] for the next couple of hours. Uh, with your issues, I'd like, if you have some issue,
[03:33.840 --> 03:43.600] I'd like you to call in 512-646-1984 and we will talk specifically about your issue
[03:44.480 --> 03:51.520] and about the remedy that you might be able to seek, whether it's in court or before court.
[03:51.520 --> 03:58.480] Sometimes people don't really, uh, consider the possibility of settling things before court, but
[03:59.600 --> 04:04.240] that's a really, uh, strong thing to consider. It's a solid option.
[04:06.320 --> 04:12.560] And we talked about putting things in writing. I'll tell you about how, while we're waiting for
[04:12.560 --> 04:15.120] callers, I'll tell you about how this worked really well for my uncle.
[04:18.000 --> 04:25.120] Putting things in writing, we call this a tort letter or you might hear it referred to as
[04:26.160 --> 04:34.000] notice and demand or notice and opportunity to cure. This letter by any of those names
[04:34.560 --> 04:42.240] is simply to put into writing, hopefully without any emotion. You might have to write two or three
[04:42.240 --> 04:49.520] drafts to get all the emotion filtered out of it, but you simply want to communicate to the other
[04:49.520 --> 04:59.280] party. Hey, here's how you've wronged me. And here's what I expect you to do about it.
[05:00.880 --> 05:07.680] And here's a time, a deadline or some kind of, um, expectation parameters for your expectations.
[05:08.560 --> 05:15.200] And then whether you use the exact words or not, the intent needs to be communicated
[05:16.320 --> 05:21.680] that the other party is going to make you whole or be sued.
[05:24.000 --> 05:30.640] And so it's very clean. This is, this is the tort letter. This is a very clean and simple notice
[05:31.040 --> 05:35.680] and it lets the other side know they're about to get dragged into court.
[05:38.320 --> 05:44.400] But here's what they can do to, to resolve the matter, to make you whole by,
[05:45.760 --> 05:51.280] you know, July 15th, whatever you set up the parameters of what that looks like.
[05:53.200 --> 05:59.360] And sure enough, well, my uncle had, um, there was a hacker that got into his,
[05:59.360 --> 06:08.000] his business's email. He, they do catering and the hacker, uh, got into the email and started
[06:08.000 --> 06:14.480] emailing all of the customers and saying, yeah, please pay to this address instead to this bank,
[06:14.480 --> 06:19.440] uh, routing number instead of that one. And please cut your check over here. Do this.
[06:20.800 --> 06:23.760] And of course, you know, my uncle, that's cost him a lot of money
[06:24.720 --> 06:28.080] and that's a reputation issue as well.
[06:30.160 --> 06:37.840] So when the web host, well, I tracked it all down. I do cybersecurity stuff as well.
[06:37.840 --> 06:44.160] I tracked down what was going on and I helped him to write a notice and demand
[06:45.040 --> 06:54.240] letter to the CEO of the web host. And while they were very uncooperative at first,
[06:54.880 --> 07:02.160] nothing we can do, so forth, when they realized that the CEO's name could very soon appear as a
[07:02.160 --> 07:10.240] defendant in a court case, they became quickly cooperative and gave him what he needed.
[07:10.480 --> 07:16.400] And, you know, he was able to, we got him all set back up, restored and, um,
[07:16.400 --> 07:20.560] hacker kicked out and so forth. Well, it looks like our caller board is,
[07:21.760 --> 07:26.880] we've got a couple of people already calling in. So let's start with Joseph in Texas.
[07:26.880 --> 07:28.720] Good evening, Joseph. What's on your mind?
[07:31.120 --> 07:37.760] Hello there. Uh, Brett, what is there that you don't do? You do, you write,
[07:37.760 --> 07:42.880] you do legal work, you're pro se, you do cybersecurity. What is there that you do not do,
[07:42.880 --> 07:51.760] sir? Oh, I do not work on my car. I don't know how. And every time I try, uh, I get my,
[07:51.760 --> 08:00.880] my knuckles bloody. That's, uh, that's bragging rights. Um, bloody knuckles, but I digress. Um,
[08:00.880 --> 08:05.760] I actually, I'm, I'm disappointed in Randy. He, uh, he was supposed to be here to listen to me
[08:05.760 --> 08:12.320] crow some. Oh, great. Well, I'm sure he would love to. He's having some internet troubles
[08:12.320 --> 08:20.320] this evening. Okay. Well, um, I, I don't know if you have been following along in the telegram
[08:20.320 --> 08:30.000] channel. Um, but I have, um, two, uh, two speeding citations in the San Antonio municipal court.
[08:30.560 --> 08:34.240] Uh, I actually have a third coming up, but, uh, the two is I'm going to focus on right now.
[08:35.200 --> 08:40.400] Cool. Uh, the first one they had had a, uh, I guess they technically call it an arraignment
[08:40.400 --> 08:45.680] for the very first appearance. And then typically they moved to a pretrial hearing and then to a
[08:45.680 --> 08:52.720] trial on the merits. So at least, uh, it's all backwards. That's, that's completely sideways
[08:52.720 --> 08:59.040] from the way that it's the law says it's supposed to be. But I guess you know that. And it, I do.
[08:59.040 --> 09:03.360] And if you look at the definition of an arraignment, they're not even supposed to
[09:03.360 --> 09:07.600] happen for misdemeanors based on what I, what I've read, or, or there's, there's other sets of
[09:07.600 --> 09:14.800] things that they're breaking or, uh, parts of proceed procedure, but that's the way they, uh,
[09:14.800 --> 09:23.680] attempt to practice law here. And so what I did was, uh, in the first instance, they had a trial.
[09:24.480 --> 09:32.160] Oh, no, it was, uh, um, it was a trial on the merits scheduled for a Monday.
[09:32.880 --> 09:38.640] And, uh, let's see here. I'm gonna throw a calendar to this. So it makes a little bit more sense. So,
[09:38.640 --> 09:49.120] um, okay. So on May the 5th, there was to be a hearing on the merits or a trial on the merits.
[09:49.200 --> 09:54.160] So on, I actually had run right up to my deadline, just like I'm about to walk off the cliff,
[09:54.880 --> 10:01.840] uh, file a petition for rid of mandamus on the 2nd of May, which is the preceding Friday.
[10:02.480 --> 10:07.600] And I'll see Friday before the Monday. Okay. So when we come back, we'll talk about your
[10:07.600 --> 10:15.600] mandamus and Friday to Monday. Anybody else wants to call in? It is 512-646-1984.
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[12:25.520 --> 12:52.080] Alright, welcome back to the Rule of Law Radio. Brandon Kelton, I'm Brett Fountain and we are
[12:52.080 --> 12:58.560] speaking with Joseph in Texas right now. Joseph, when we went out, you were talking about your court
[12:59.920 --> 13:06.720] activity there. You had filed a petition for writ of mandamus on a Friday regarding something
[13:06.720 --> 13:08.960] that was coming up on a Monday. Can you catch us back up?
[13:10.320 --> 13:18.160] Sure, sure. So let's see here. Actually, I was attempting to file a petition for writ of mandamus
[13:18.160 --> 13:26.080] on Friday, May the 2nd. So what I did was I Googled around and I read as much Texas statute
[13:26.080 --> 13:31.120] and I was trying to figure out, I could not get a straight answer from anyone,
[13:31.120 --> 13:36.000] whether it was at the municipal court, the district clerk, the county clerk's office.
[13:36.000 --> 13:41.200] I could not get a straight answer from anyone about where I should file this petition. This
[13:41.200 --> 13:46.000] is a few days in advance. So I called around, kept getting the run around. They'd send me to the
[13:46.960 --> 13:55.280] county court clerk for criminal and they would send me to the civil court clerk of the county.
[13:55.280 --> 13:59.840] So I couldn't get a fair answer. So I just decided Friday afternoon, I would have everything printed
[13:59.840 --> 14:05.040] and ready to go. And I would just march down there and figure out which office it was.
[14:06.800 --> 14:13.760] Eventually what happened is I ran out of time. I spent a lot more time than I care to admit that
[14:13.760 --> 14:20.640] Friday. But I visited all the different clerk's offices that day. And what I had understood
[14:21.600 --> 14:31.280] is that in Texas, a county court has appellate jurisdiction over municipal courts. Now you have
[14:31.280 --> 14:37.920] to stay within the same county, of course. But that's what I had learned. But I had walked into
[14:37.920 --> 14:41.760] the county clerk's office and I just, you know what? I'm going to stay here until we figure this out.
[14:41.760 --> 14:46.720] And the head clerk got on the phone and talked to someone else who happened to be attorney. I think
[14:46.720 --> 14:50.160] they were the main court administrator. Well, they pretty much said, hey, why don't you just
[14:50.160 --> 14:56.000] go file this over at the municipal court? So because I ran out of time, I went and I did that.
[14:56.800 --> 15:02.560] Now I'm kind of getting ahead of myself in all this. But the reason for the petition for
[15:02.560 --> 15:08.160] writ of mandamus, there were several reasons. It was almost all procedural violations that they had.
[15:09.120 --> 15:15.280] I had challenged the jurisdiction of the court, the subject matter jurisdiction of the court,
[15:15.280 --> 15:22.800] and I had also attempted to enter a plea of raising an exception to the charging instrument.
[15:23.760 --> 15:28.880] And if you look at case law for raising an exception to the charging instrument,
[15:29.520 --> 15:36.160] once the trial on the merits begins, you are barred from raising that exception or entering
[15:36.160 --> 15:41.840] that plea. Right. And that's part of the statute too. That's in Texas Code of Criminal Procedure
[15:41.840 --> 15:49.200] says that as well. It says you can challenge that prior to trial on the merits. Right. So
[15:50.320 --> 15:55.040] once I got everything written up and ready to go, I was against the clock to get it done and
[15:55.040 --> 16:00.640] eventually got down to the zero hour. And I just decided, what the heck? I'll file this with the
[16:00.640 --> 16:08.720] clerk of the municipal court. So I did that. And the municipal court really messed up.
[16:12.240 --> 16:18.720] They held a hearing on the petition. A municipal judge held a hearing. And I knew it was-
[16:18.720 --> 16:22.560] Like trying to decide whether or not to command themselves to follow the law.
[16:23.520 --> 16:27.840] Exactly. How can you mandamus yourself essentially?
[16:27.840 --> 16:28.960] What could go wrong?
[16:29.920 --> 16:36.080] Exactly. And of course, as you would probably expect, they ruled out of hand against every
[16:36.080 --> 16:42.800] single motion and point that I raised. So then they proceeded to have a trial on the merits.
[16:42.800 --> 16:50.880] And I got a 50-50. Half of the one charge they had against me, they dismissed. The other charge
[16:50.880 --> 16:56.640] they had against me, they found me guilty for, which was a speeding citation. And I went and I
[16:56.640 --> 17:02.160] had an affidavit of inability to pay filed with that court and then filed an appeal. And I'm still
[17:02.160 --> 17:08.800] waiting for the appeal. That was the 2nd of May. The exact series of events happened in the second
[17:08.800 --> 17:18.160] municipal speeding citation case. No proof of the prosecutor to prosecute the case or represent the
[17:18.160 --> 17:22.000] state in the matter. And he was a municipal city attorney, or that's how he presented himself.
[17:22.560 --> 17:28.960] The same jurisdiction, subject matter jurisdiction violations, still not allowing me to enter a
[17:28.960 --> 17:35.440] plea to raise an exception. They limit you to, I think, something in 45A, which is essentially
[17:35.440 --> 17:42.160] guilty, not guilty, and no contest. Those are what they tell you your only available pleas are.
[17:42.160 --> 17:48.080] Right. However, 27.02 subsection one does specifically say that you can raise
[17:48.640 --> 17:55.360] that exception that you were wanting to. Yes. Yes. And as you pointed out in your
[17:55.360 --> 18:01.360] star chamber hearings, it's interestingly the very first option in that list, but I digress.
[18:01.920 --> 18:08.560] So that was May 2nd, and we had the court case and all that. Well, then the same thing came up with
[18:08.560 --> 18:14.960] my second case, the same problems with the first one. And of course, I filed those all on the record.
[18:14.960 --> 18:20.480] I did everything to prepare it for an appeal. But again, they wanted to have a hearing,
[18:20.480 --> 18:26.880] and they sent me, we had a pre-trial in June, and then they set it for hearing on August-
[18:26.880 --> 18:30.240] You mean, let me just, for clarification, are you talking about a trial where they
[18:30.880 --> 18:35.520] magistrate determined probable cause? Oh, no, they didn't even touch that one.
[18:36.160 --> 18:38.000] Okay. They've not done it. They will not give it to me.
[18:39.360 --> 18:43.280] Okay. So what did they try to do at this quote, pre-trial?
[18:44.240 --> 18:48.240] Well, the pre-trial hearing, the very first thing they did, I know I forget if this is the
[18:48.240 --> 18:53.600] first one or the second one, but typically what they do, and a lot of times it's without a judge,
[18:53.600 --> 18:58.960] even in the courtroom, you go in, you talk to the clerk. There's no swearing in of anyone.
[18:58.960 --> 19:04.400] She's going to make it so easy for you to pay. All you have to do is just pay. You can even do
[19:04.400 --> 19:10.080] it by credit card. You can even just tap right here. Yep. So they give you the option. You can
[19:10.160 --> 19:17.680] pay. You can enter a plea or hey, you can meet with the prosecutor. So that's the usual set of
[19:17.680 --> 19:22.080] options. And of course I did just so that I could be sure I implicated the prosecutor and got his
[19:22.080 --> 19:28.240] name. And it was funny. The guy ended up, I asked him, do you have an oath of office on record?
[19:28.240 --> 19:33.360] And it really did not sit well with him. He would, after that question, every time I would ask
[19:34.000 --> 19:37.440] another question, he would cut me off. And eventually-
[19:37.440 --> 19:38.640] You got a little squirmy, huh?
[19:39.440 --> 19:44.400] Oh yeah. He was, I don't, I'm not sure if he was nervous or just annoyed with me,
[19:44.400 --> 19:47.840] but he eventually just said, you know what, you need to just go see the judge. And I said,
[19:47.840 --> 19:52.080] well, I've got a few more questions for you. He said, no, that's fine. I said, well, you keep
[19:52.080 --> 19:56.160] interrupting me in halfway through each question I have. So that's probably for the best, but I got
[19:56.160 --> 20:04.080] his name. So on the 20th of June, which happened to be another Friday, I go into the County
[20:04.080 --> 20:09.280] Court's office. This time, I'm a little bit better prepared. Instead of just reading the citations,
[20:10.160 --> 20:15.840] I had loaded them into a Word doc. It's essentially a paper I've written basically for myself,
[20:16.480 --> 20:26.080] but it has citations, the Texas Government Code 25.0004, Chapter 26 of the Texas Government Code,
[20:26.080 --> 20:36.160] Texas Constitution, Article 5, Section 16. What else is in here? The Texas Government Code 26.048.
[20:36.160 --> 20:41.440] So they all talk about either the jurisdiction of a county court that has appellate jurisdiction
[20:41.440 --> 20:50.480] of criminal cases that have originated in inferior courts, or they talk about the list of writs
[20:50.560 --> 20:56.720] that a county judge is authorized to issue. And of course, it includes mandamus.
[20:57.280 --> 21:01.360] Now, I didn't walk in with this piece of paper. I just walked in with my petition for writ of
[21:01.360 --> 21:07.440] mandamus on Friday the 20th. And of course, he told me, you can't file that here. Well, I asked,
[21:07.440 --> 21:14.880] don't you have appellate jurisdiction over cases originating from the San Antonio Municipal Court?
[21:14.880 --> 21:18.480] And she said, well, yes, as long as it's a misdemeanor. And I said, that it is. It's a class
[21:18.480 --> 21:22.320] seat. And she said, well, we still don't take petitions for writ of mandamus.
[21:23.040 --> 21:29.680] So then I asked, well, do you accept petition for a habeas corpus? She said, yes, we do.
[21:30.640 --> 21:34.000] So I thought, well, that's odd. I know that's in the same list.
[21:34.000 --> 21:40.160] So I turned and headed out of the office. That was Friday the 20th.
[21:40.160 --> 21:47.440] Larkin Let me just make just a little quick aside for our listeners. This, what he's describing
[21:47.440 --> 21:53.680] right now, is a very common thing that happens. He says, I was a little confused because I saw
[21:53.680 --> 22:00.480] it in this list. And so these people, these public officials, have a way of telling us,
[22:00.480 --> 22:06.400] well, we don't do that, or this is the wrong office. And they say it with such conviction that
[22:06.400 --> 22:12.080] if we don't know any better, we're inclined to just believe them and think, huh, well,
[22:12.080 --> 22:15.280] I sure thought I was in the right office. Well, maybe there's a different statute,
[22:15.280 --> 22:22.160] or there's a different exception somewhere. But no, almost all the time, whatever they're saying,
[22:22.160 --> 22:28.400] they're bluffing or lying. They don't know what the law says, and you do. You've read it,
[22:28.400 --> 22:33.840] they haven't. So that's exactly what Joseph was dealing with here. Okay, go ahead, Joseph.
[22:34.640 --> 22:41.840] Larkin All right. So, and just in case there's anyone who says, well, a petition for writ of
[22:41.840 --> 22:47.360] mandamus is improper. You shouldn't do that. You should set the record for appeal. Well,
[22:47.360 --> 22:53.680] I have to agree with that statement. You definitely should set it for appeal. But you definitely have
[22:53.680 --> 22:59.840] the ability to exercise the right of filing a petition for writ of mandamus if you so wish.
[22:59.840 --> 23:02.560] Larkin Absolutely. I agree with you.
[23:03.520 --> 23:08.080] And with that, we have music. So I've got the last final part, which is the fun part when we
[23:08.080 --> 23:15.440] come back for the break. Okay, wonderful. All right. 512-646-1984. We'll be right back.
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[26:25.440 --> 26:39.520] Yeah, Mr. Officer, you're taking the line to hand. Won't you follow the law of the land?
[26:41.040 --> 26:50.000] I don't understand. Your job is to protect and to serve, not beat and abuse. Officer!
[26:50.000 --> 26:59.120] All right, welcome back to the Rule of Law Radio. Randy Kelton, I'm Brett Fountain,
[26:59.120 --> 27:05.920] and we are talking with Joseph in Texas right now. And Joseph is describing some excitement in the
[27:05.920 --> 27:12.800] San Antonio Municipal Court. All right, Joseph, you told us that this was going to be the fun part
[27:13.360 --> 27:17.760] after you tried to do the mandamus and that gave you all the run around. Now what happened?
[27:17.840 --> 27:25.520] Right. So, on May 2nd, I attempted to file a petition for writ of mandamus against the municipal
[27:25.520 --> 27:32.080] court in the county court. I did the same thing on the 20th of June. So, I walked in there on the
[27:32.080 --> 27:36.640] 24th of June, but I was a little bit better prepared. I had my little paper written up. It
[27:36.640 --> 27:43.600] had all the references to local government code. No, I'm sorry, the government code in it. So,
[27:43.600 --> 27:50.880] I had a point of reference in case that came up. I had memorized Article 1, Section 27 of the Texas
[27:50.880 --> 27:56.960] Constitution and Texas Penal Code 3903. And I had to verify criminal complaints against the clerk
[27:57.520 --> 28:03.360] for the May 2nd and the June 20th instances where they denied my right to apply to those
[28:03.360 --> 28:08.640] invested with the power of government for redress of grievances, which is a 3903 violation.
[28:09.280 --> 28:10.480] Yes, way to go.
[28:11.680 --> 28:18.480] And they gave me the same nonsense on the 24th. I also had a blank set of documents written out
[28:18.480 --> 28:24.560] there for a 3903 with blanks for the names for the clerk that decided to do it again
[28:24.560 --> 28:33.120] and the 3805 for the deputy that might refuse to arrest those who just violated the law.
[28:33.680 --> 28:39.920] So, of course, they declined. And I tell them, all right, well, please don't go anywhere. In a few
[28:39.920 --> 28:43.840] minutes, I'm going to have someone that wants to talk to you. And I turned and went to the back of
[28:43.840 --> 28:50.080] the waiting area and dialed 911. A little while later, a Bexar County Sheriff's Deputy showed up.
[28:50.080 --> 28:53.600] And I stepped out in the hall because he didn't look in the office for me, but I stepped out and
[28:53.600 --> 29:00.880] caught him and explained to him what was going on. So, I told him I've got verified criminal
[29:00.880 --> 29:03.920] complaints, explained what just happened. He says, well, what do you want me to do?
[29:03.920 --> 29:08.320] Well, I would like you to fill out a report, give me the report number,
[29:08.320 --> 29:13.440] and I would like you to arrest them and take them before a magistrate so that we can take care of
[29:13.440 --> 29:20.400] what needs to be taken care of in accordance with chapters 14, 15, and 16 of the Code of Criminal
[29:20.400 --> 29:25.120] Procedure. He said, well, I'll take your report, but I'm not going to arrest anyone. Okay, great.
[29:25.120 --> 29:30.160] There's my 3805. It's going to get used today. So, about that time, and I've explained to him
[29:30.160 --> 29:34.560] everything that's going on. I've got a citation in the municipal court that didn't follow the law.
[29:34.560 --> 29:40.320] They've set it for hearing, but I have a petition for writ of mandamus and the law says the county
[29:40.320 --> 29:46.640] court has jurisdiction over this and they're not filing it. Well, about that time, the person
[29:46.640 --> 29:53.520] that's above the head clerk steps out and tells me, I wasn't trying to blow you off. I really want to
[29:53.520 --> 29:57.840] help you. Maybe I can take you to someone who can help you. And I thought, oh gee, you didn't care
[29:57.840 --> 30:03.760] about that on the 2nd of May or the 20th of June or the 24th of June. You only cared about that
[30:03.760 --> 30:11.360] after I dialed 911. 911 makes all the difference, huh? Oh, it seems to. It seems to. So,
[30:12.080 --> 30:18.480] she then proceeded and the officer even told me before she came out, he told me about his story,
[30:18.480 --> 30:23.040] how he had a CDO and he got a speeding citation and he went down there and they didn't follow
[30:23.040 --> 30:27.200] the law and he had to get a lawyer involved and he told me you might need to get an attorney.
[30:27.920 --> 30:33.520] So, then the clerk says, hey, why don't I take you up to the district clerk's office and we'll
[30:33.520 --> 30:38.080] go talk to them. I thought, okay, whatever. Whatever floats your boat, lady. We'll just get
[30:38.080 --> 30:46.160] more people in this dragonet. Well, the deputy escorts us or accompanies us. So, I've got this
[30:46.160 --> 30:51.760] person who's above the head clerk walking around. I'm following her and the deputy's following me.
[30:51.760 --> 30:57.760] We talked to the criminal and the civil district clerks. They say, no, you can't do those. If
[30:58.080 --> 31:02.720] you don't have a case number, we can't file it. If you don't have an appeal, we can't file it.
[31:03.280 --> 31:07.120] So, I asked, well, what happens in the instance when you don't have an appeal
[31:07.120 --> 31:11.040] and the mandamus is supposed to interrupt the process of going to a trial?
[31:11.760 --> 31:16.160] And I get the same thing from all of them. You know, maybe you need to hire an attorney. Hey,
[31:16.160 --> 31:21.200] we've got. Oh, that's what you need to do. Yeah. Maybe you can go, yeah, maybe you can pay someone
[31:21.200 --> 31:26.560] money to fix this or maybe you can go read some more in, you know, suggesting that I hadn't done
[31:26.560 --> 31:32.320] my homework. So, then the clerk turns to me and says, well, you know, one other thing we could do,
[31:32.880 --> 31:39.920] we could go up to the two floors up in the courthouse and we could go talk to the
[31:39.920 --> 31:45.680] presiding judge. Well, the deputy speaks up and says, I really don't want to bother the judge.
[31:45.680 --> 31:50.320] Let's not bring the judge in on this. And the clerk says, well, we could go talk to the clerk
[31:50.320 --> 31:56.400] up there, to the court administrator and see what they say. So, sure enough, we go up there. But
[31:57.200 --> 32:04.000] it's behind a secure door where they have to buzz you in. So they directed me to sit down and wait
[32:04.000 --> 32:10.160] in the lobby. And they both went back there. They were about there, back there for 10, 15 minutes.
[32:10.160 --> 32:15.440] And they call them expected them to say, you know what? Tough luck kid. You need to go pound stand,
[32:15.440 --> 32:20.000] go somewhere else, go, go anywhere else, but here, we're not going to deal with this today.
[32:20.720 --> 32:26.080] But no, they came out and said, Hey, the presiding judge would like to see you.
[32:27.920 --> 32:34.880] So I said, okay, sounds good. And I'm dressed in a pair of jeans, a t-shirt and a baseball cap.
[32:34.880 --> 32:38.000] And I'm about to go in front of a judge. I think, boy, am I unprepared for this?
[32:38.640 --> 32:44.080] Well, that was the only way I was unprepared. They had me go in there and I sat down and I only sat
[32:44.080 --> 32:48.800] down for like two or three minutes and they called my name. So they got to go up and the judge asks,
[32:48.800 --> 32:52.480] you know, your name confirms my name. And I'm talking on the record. I'm speaking into a
[32:52.480 --> 32:57.920] microphone and they've got it, I guess, recorded somewhere. Well, she asks what's going on. And I
[32:57.920 --> 33:04.240] explain, you know, the situation with the citation, the court made all these errors. My, my right to
[33:04.240 --> 33:09.600] do process was violated. And oh, by the way, I'm barred from certain defenses. If they start the
[33:09.600 --> 33:14.480] actual trial on a hearing, we've gotten till August. But she asked, well, do you have anything
[33:14.480 --> 33:18.960] written up? I say, sure. Your honor, I've got three copies of everything. I've got three copies
[33:18.960 --> 33:23.840] of the petition. I have all of the supporting documents that I filed that are double clerk
[33:23.840 --> 33:30.400] stamps with the clerk that received it. And they stamp a receipt from the, or a stamp receipt from
[33:30.400 --> 33:36.480] the prosecutor from the municipal court. So I said, I have everything. Where do you want to start?
[33:36.480 --> 33:40.720] So she looked over the petition for writ of mandamus and the whole time I'm going on and
[33:40.720 --> 33:44.960] explaining the aspects of the case, you know, I filed this, they didn't do that. They all the
[33:44.960 --> 33:52.400] steps that I believe that they missed. Right. And the whole time, my escorts are in the back
[33:52.400 --> 33:57.920] of the room watching this, the ones that repeatedly told me, no, you can't do that here. They're,
[33:57.920 --> 34:02.480] they're listening along and seeing what's going on. So eventually the judge says, well, how about
[34:02.480 --> 34:09.520] this? What if you leave this with my clerk and I will look it over and she's actually, she says,
[34:09.520 --> 34:13.520] we'll make copies of this. So you can keep the original. I say, your honor, that's actually fine,
[34:13.520 --> 34:19.920] but you can keep those. I have, I have more. So my escorts, I go back and see my escorts.
[34:19.920 --> 34:24.960] They take me to the judge's clerk, which is again, behind a secure door. And the deputy wasn't too
[34:24.960 --> 34:31.360] fond of that. So I have two more escorts. They took me back to that clerks or that judge's clerk
[34:31.920 --> 34:37.680] where they, I signed the petition and left or the both editions, one for each offense
[34:37.680 --> 34:41.840] that they're alleging and left all of the supporting paperwork that had been filed
[34:41.840 --> 34:46.960] with the court that I had copies of that was a clerk stamped. And they were supposed to,
[34:46.960 --> 34:52.240] I was supposed to go back to 30 that afternoon. Well, I kept in touch with the clerk, but the
[34:52.240 --> 34:57.360] court coordinator and they said, you know what, don't come back in today. We're still looking
[34:57.360 --> 35:03.840] into this. I called them. You gave them something they've never seen before. You're showing them
[35:03.840 --> 35:06.960] the law. This is going to take them a little bit of time to digest.
[35:08.240 --> 35:13.360] Yeah. Well, I specifically asked the judge, I said, your honor, I hope I have not done anything
[35:13.360 --> 35:18.880] improper or jumped over any steps that I should have done. And she, I need to go back and listen
[35:18.880 --> 35:23.840] to the recording, but she said something along the lines of, well, I don't know what's taking so
[35:23.840 --> 35:31.280] long. Why you had such trouble getting to me. And to me, that's it. And she understands what's going
[35:31.280 --> 35:36.000] on. And I'm wondering how many of those clerks are going to be there the next time I show up.
[35:36.560 --> 35:40.560] So that was- Did those clerks get to hear the judge say that?
[35:42.240 --> 35:47.840] I'm not sure if they were right behind me, but they, I believe were within your shot. There was
[35:47.840 --> 35:55.360] one clerk and the sheriff deputy. So I literally started in the basement on Tuesday. We went up to
[35:55.360 --> 36:04.000] the second floor and then the fourth floor. And so I was just making my way literally up the chain
[36:04.000 --> 36:09.920] of command in that building. They told me not to come back on Tuesday. I called in the morning
[36:09.920 --> 36:15.520] after, called in Wednesday morning and said, Hey, is there any update on that case? No, they have not
[36:15.520 --> 36:23.440] gotten back to me yet. They're still looking into it. And the same thing for today. So I'm not sure
[36:23.440 --> 36:30.320] what to take of that. I think if they believed I was in the wrong or had done something inappropriate,
[36:30.320 --> 36:34.720] they would very quickly have turned around and told me, you know, there's nothing we can do here.
[36:35.280 --> 36:40.560] Oh yeah, absolutely. If you had left them even an inch of wiggle room, they would have
[36:40.560 --> 36:43.120] definitely used that as leverage and you would have been out of there.
[36:44.080 --> 36:53.200] Right. So I'm going, I went the next day, I went and had verified or certified,
[36:53.200 --> 37:02.320] notarized my extra complaints about the other instances of the 3903 violations
[37:02.880 --> 37:06.160] and my 3805 violation against the sheriff deputy.
[37:07.600 --> 37:12.080] Oh, this is great. Okay. We come back on the other side. We'll continue. Chris,
[37:12.080 --> 37:20.800] Eric, I see you there. We'll be right back. Do you have a business with five employees or more?
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[39:39.840 --> 39:59.680] All right, welcome back to the Rule of Law Radio. This is Brett Fountain. Randy Kelton is offline
[39:59.680 --> 40:07.120] this evening, and we are talking with Joseph in Texas. Joseph, when we went out, you were telling
[40:07.120 --> 40:12.160] us about, I think you're finishing up with the crowing part or getting, why don't you just
[40:13.120 --> 40:18.800] wrap up the end of the story for us here? Yeah, wrap it up, give other callers a chance.
[40:18.800 --> 40:27.520] So in anticipation of going back in there, I have two criminal complaints against the one clerk
[40:27.520 --> 40:32.560] for the May 2nd instance and the June 20th instance of her telling me, no, we can't file this.
[40:33.200 --> 40:39.120] But I also have a third one against her because she did it a third time on the 24th. And I have
[40:39.120 --> 40:45.200] a 3903 complaint against the other clerk that also told me, no, we can't do this. And of course,
[40:45.200 --> 40:55.280] a 3805 for the sheriff deputy who refused to arrest them. My plan is once the judge finishes
[40:55.280 --> 41:03.280] the business is to thank her for her time, point out the way that the constitution preserves this
[41:03.280 --> 41:08.480] right and that she allowed me to exercise it and thank her for it. And then remind her that we have
[41:08.480 --> 41:14.160] one more matter of business, which is tending to these five criminal complaints. And we'll see how
[41:14.160 --> 41:22.640] that goes. I love it. Joseph, that is great. And I like the way that you are preparing to ramp up
[41:22.640 --> 41:31.520] towards that with thankfulness and appreciation. And boy, how can they look down on you or call
[41:31.520 --> 41:36.560] you a troublemaker or anything like that when you've just been so thankful to the judge for
[41:36.560 --> 41:45.680] the way she preserved your rights? I love it. But I got to say, I struggled immensely with
[41:45.680 --> 41:52.080] whether I should file those criminal complaints or not. And essentially what I have arrived at
[41:52.080 --> 41:59.040] is that this wasn't a one-time thing. They so confidently explained to me, no, we can't do this.
[41:59.040 --> 42:05.760] And here is a list of reasons why we can't do it. I'm literally reading the government code,
[42:05.760 --> 42:12.400] chapter 25, 26, knowing article one, section 27 of the Texas constitution in my head.
[42:13.360 --> 42:17.200] Thinking that and looking at it, literally it's laid out on the counter because I was going to
[42:17.200 --> 42:23.360] quote it as they're telling me, no, we will not do this for you here. And this is, again,
[42:23.360 --> 42:28.400] it's not a one-time thing. They were persistent. They've burned a bunch of my time and they've done
[42:28.400 --> 42:34.560] it over at least three different occasions. So what's going to keep them from actually doing
[42:34.560 --> 42:38.080] their job the next time someone else walks in there and says, I've got a petition for rid of
[42:38.080 --> 42:45.840] mandamus to file. I mean, that will change their ways. But unless I absolutely hold them accountable,
[42:46.480 --> 42:51.120] I don't believe they're going to change the behavior. And it's not a retaliation.
[42:52.000 --> 42:52.720] No, of course not.
[42:52.720 --> 42:56.720] It's plainly stated in the law and plainly stated in the constitution.
[42:57.280 --> 43:01.120] And they're just doing whatever is most convenient or expedient for them.
[43:02.720 --> 43:07.840] Yeah. If somebody goes to a parking meter and they didn't want to put in a quarter,
[43:07.840 --> 43:11.120] they only put in a dime and they ran out of time and the meter maid comes by,
[43:12.000 --> 43:16.320] it's nothing personal. The meter maid does not have a vendetta. There's nothing that's
[43:18.800 --> 43:21.040] the meter maid is not against you personally.
[43:23.360 --> 43:26.800] Doesn't matter if you're a good person or have great intentions.
[43:27.840 --> 43:33.760] I mean, the meter maid is going to hold you accountable because you ran out of time.
[43:35.360 --> 43:38.480] Now, whether or not these code ordinances apply to you or not, that's maybe
[43:39.440 --> 43:43.680] a different question. But yes, you're exactly right. And I'm glad that you're
[43:46.720 --> 43:52.320] reluctant and have come to this conclusion because they do need to be held accountable,
[43:53.200 --> 43:58.880] but not because of retaliating and not because you're frustrated with them personally,
[43:59.600 --> 44:05.680] but simply because we the people need to be the masters of our servants and draw the lines when
[44:06.480 --> 44:11.120] when they need to be drawn and give us banking when that's necessary.
[44:13.760 --> 44:21.840] Yeah. Well, I have done on a tangent, I have done a lot of research recently about municipal
[44:21.840 --> 44:28.080] attorneys and the oaths that they are required to take. And I may have had a judge tell me on
[44:28.080 --> 44:32.960] the record that, oh yeah, this attorney's got an oath, but that's about to get proven wrong
[44:32.960 --> 44:37.840] by a public information request. But I won't go into that if you've got other callers. Do
[44:37.840 --> 44:43.280] you have other people waiting to speak to you? Yeah, we've got Chris in Colorado and Eric in
[44:43.280 --> 44:48.880] Texas coming right up. Okay, I will save that for another day. I have crowed long enough.
[44:50.800 --> 44:55.840] Well, we will look forward to hearing about that as well, because that is an important issue.
[44:55.840 --> 45:00.880] And some people get it mixed up and either overvalue it or undervalue it. But it has
[45:00.880 --> 45:05.440] its proper place. And I'm glad you're addressing that. Well, thanks so much for calling in,
[45:05.440 --> 45:08.720] really enjoyed hearing about how you're handling these guys.
[45:10.080 --> 45:15.200] Yep. And thank you again, Brett. Goodbye. All right. Hopefully that encourages
[45:16.400 --> 45:21.680] some more of us to do the same. All right. Next up we've got Chris in Colorado. Good evening,
[45:21.680 --> 45:28.320] Chris. What's on your mind? Hey, Brett. I'm just going to keep this short. I was calling in because
[45:28.320 --> 45:35.120] I didn't know if other people call in. But I'm trying to figure out where to go next with some
[45:35.120 --> 45:40.720] of these accountability issues. Unfortunately, I am in the end of the courts. I know it doesn't
[45:40.720 --> 45:45.440] shouldn't make a difference, but I'm in the 10th Circuit dealing with some pretty crazy nonsense.
[45:47.760 --> 45:54.960] And figure out where to go next to put some pressure on them because the feds apparently
[45:54.960 --> 45:58.400] feel that pretty untouchable. And a lot of what we talk about here is for state courts,
[45:58.400 --> 46:04.480] which is a lot more fun to watch them scramble. That was great. Great story that we just listened
[46:04.480 --> 46:10.800] to. It's not that great. I'm glad he's doing that. A lot of people don't, they just, once they get
[46:10.800 --> 46:15.360] the pressure off them, they just, they don't, they won't want anything to do with the whole mess of
[46:15.360 --> 46:19.760] them. They just get away from it and the public officials don't ever have anybody holding them
[46:19.760 --> 46:25.840] accountable. So yeah, go Joseph. Yeah, it sounded like the roach is just running.
[46:30.960 --> 46:33.040] So you're wanting to hold feds accountable.
[46:34.800 --> 46:39.840] Yeah. And let me explain a little bit what's going on. I like to talk about my health issues
[46:39.840 --> 46:45.280] much just because it's not something I like to, you know, relay, but things have gotten pretty
[46:45.280 --> 46:52.320] rough recently. And I really haven't stopped, as you guys know, since the car accident, I literally
[46:52.320 --> 46:58.960] have never really taken a break. And it's had its effect on my health. Anyway, recently things have
[46:58.960 --> 47:04.960] gotten pretty bad to the point of not driving certain days just because of the nervous system.
[47:04.960 --> 47:10.560] And so I decided, you know what, I got to stop and I got to take a break. And I got the doctors to
[47:10.560 --> 47:14.240] jump in and they're like, yeah, you need a break and you need to stop all this stuff. So they all
[47:14.880 --> 47:20.720] five clinics wrote the letters to the court and they said he needs a four to six month stop of
[47:20.720 --> 47:27.520] all, of all, all stuff, all legal litigation, everything that he needs to heal. And they literally
[47:27.520 --> 47:31.920] said that five different clinics and doctors. Okay. So I submitted to the court
[47:34.320 --> 47:38.720] and on the police case, which is a very nice considerate judge, one of the few, he didn't
[47:38.720 --> 47:45.520] even require the letters. He gave me a stay just based on what I had said. And, and defense started
[47:45.520 --> 47:49.440] crying and he's just like, well, I'm the judge. I made the order. Have a nice day gentlemen. And
[47:49.440 --> 47:58.320] that was it. So that was nice. And, and so I didn't even have to write motions to that one,
[47:58.320 --> 48:03.280] but I started writing motions to the other cases. I have one for against the DA and I'm still in
[48:03.280 --> 48:07.440] screening and they're trying to give him prosecutorial immunity, even though he doesn't have it. They're
[48:07.440 --> 48:11.200] still trying to protect them. So I'm fighting that part. And then the 10th circuit, I have a
[48:11.200 --> 48:15.440] petition for rehearing because they didn't even listen to my case. They, they, I think the clerk
[48:15.440 --> 48:21.440] is the one who read it because they made very, uh, juvenile mistakes that somebody fresh out of law
[48:21.440 --> 48:26.240] school would make or somebody who's not a judge would make even a lawyer, even a lawyer would make,
[48:26.240 --> 48:31.760] you know, they just, just very inexperienced, uh, statements, misquoting Wyoming law, making up law.
[48:32.560 --> 48:37.360] I'm like, this is the 10th circuit. You gotta be kidding me. Okay. So I wrote,
[48:37.360 --> 48:43.280] maybe the judge was sick that day. And so the clerk decided to, uh, just use chat GPT.
[48:45.680 --> 48:48.880] Yeah. The problem is there's three judges, Brett, the three judges get
[48:50.160 --> 48:56.240] assigned to a case. That's right. So three judges all made the same mistake. Yeah. Right. So
[48:56.320 --> 49:05.680] so I've started lining up some ways to get in front of the, you know, make
[49:07.120 --> 49:11.920] some judicial conduct complaints, but not really a complaint yet, just informing the committee that,
[49:11.920 --> 49:17.760] Hey, uh, before we go to complaints, talk about this. And I, and I got to a certain point in the
[49:17.760 --> 49:24.240] letter and I had to drop it just cause I can't focus. But anyway, um, so I did a stay for the
[49:24.240 --> 49:30.560] 10th and submitted the doctor's notes and they write back saying, um, denied as to something
[49:30.560 --> 49:38.480] bluntly make the weird cryptic sentence as to something to extension of time or whatever was
[49:38.480 --> 49:42.320] a weird statement. And I hadn't, I'm like, what the hell does this mean? They don't say anything
[49:42.320 --> 49:46.720] else. They don't say, Hey, you need to do this in order for us to grant this. They don't chime in
[49:46.720 --> 49:51.760] on anything. And it's signed by the clerk. And I, and I got to look back on the ruling from the,
[49:51.840 --> 49:55.120] from the, uh, from the brief, but the clerk has signed both of these most
[49:57.600 --> 50:01.120] and, and so I get for the clerk and the clerk doesn't want to talk to me and like, I have no
[50:01.120 --> 50:07.440] idea what this means. And so finally I pressured her and pressured her to focus on me. She goes
[50:07.440 --> 50:10.880] and talks to me, comes back and they say, well, the reason they're not giving you granting the
[50:10.880 --> 50:15.840] stays because there's nothing to grant your case has been disposed of. I'm like, well, not technically
[50:15.840 --> 50:19.680] I have a, I have to have one more option, which was a rehearing option.
[50:21.360 --> 50:27.760] I said, that's why extension. I'm like, fine. So down to the wire and the eight
[50:29.920 --> 50:35.920] I have to be there and I submit it. And, um, I asked for the same amount of time in the extension
[50:37.280 --> 50:43.280] and they did not, they grant it, but make up their own time. And they say your document is due by
[50:43.280 --> 50:48.880] August 4th. This is, this isn't behind the characters are saying, and you will not get
[50:48.880 --> 50:56.160] any more extensions. They say nothing about medical. They think about this, thinking about
[50:56.160 --> 51:00.240] section five Oh four, which is the federal, you know, access to the courts when you're injured
[51:00.240 --> 51:06.480] or disabled, they just make up three sentences, their own thing, sitting here and going, whoa,
[51:07.200 --> 51:11.520] they just stepped into like violation of, of access to the court in due process.
[51:11.520 --> 51:14.720] And I never thought this would happen in the, in the appellate, in the federal courts,
[51:15.520 --> 51:21.360] but I'm trying to figure out where to go next. The federals, you know,
[51:23.280 --> 51:30.640] if it's, did your motion get set for hearing and they just, or did they just kind of skip over
[51:30.640 --> 51:39.120] the idea of a hearing and make this, this, uh, order setting a date without the really being
[51:39.120 --> 51:43.280] referenced. It sounds like none of the merits were considered or maybe they didn't want to
[51:43.280 --> 51:50.080] acknowledge them. Well, I'm thinking Bivens suit, but in order to get there, you'd have to have a
[51:50.080 --> 51:57.920] very clear violation of your rights. So they'd have to be depriving you of some federally protected
[51:57.920 --> 52:02.960] right. It'd be a federal actor and a federal right. So let's explore that a little bit.
[52:02.960 --> 52:06.160] We're just about to go to our sponsors and we'll talk about that more on the other side.
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[53:10.400 --> 53:16.560] You're listening to the Logos Radio Network at logosradionetwork.com.
[53:19.120 --> 53:22.880] The Bill of Rights contains the first 10 amendments of our constitution.
[53:22.880 --> 53:27.840] They guarantee the specific freedoms Americans should know and protect. Our liberty depends on
[53:27.840 --> 53:32.400] it. I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of
[53:32.400 --> 53:38.480] your constitutional rights. Privacy is under attack. When you give up data about yourself,
[53:38.480 --> 53:43.600] you'll never get it back again. And once your privacy is gone, you'll find your freedoms will
[53:43.600 --> 53:49.440] start to vanish too. So protect your rights, say no to surveillance and keep your information to
[53:49.440 --> 53:54.960] yourself. Privacy, it's worth hanging on to. This public service announcement is brought to you by
[53:54.960 --> 54:02.320] Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with Startpage.
[54:03.600 --> 54:08.560] Most people think of seven as a more civilized number than six. Think of how the number six
[54:08.560 --> 54:14.320] is implicated in evil, as in the biblical 666. So it would fit right in that the seventh amendment
[54:14.320 --> 54:20.160] would be about civil trials. Civil seven, civil trials, get it? Civil trials are ones where people
[54:20.160 --> 54:25.040] sue instead of beating each other up over a dispute, like the dividing line between properties.
[54:25.040 --> 54:29.520] They take their dispute to a courthouse and settle matters civilly without the fisticuffs.
[54:29.520 --> 54:34.480] The seventh amendment guarantees that Americans have the right to a jury in certain civil matters
[54:34.480 --> 54:38.720] instead of having a lone judge rule on the case. I'm Dr. Catherine Albrecht.
[54:38.720 --> 54:41.520] More news and information at CatherineAlbrecht.com.
[54:41.520 --> 54:54.720] The Bill of Rights contains the first 10 amendments of our Constitution. They guarantee the specific
[54:54.720 --> 54:59.840] freedoms Americans should know and protect. Our liberty depends on it. I'm Dr. Catherine Albrecht,
[54:59.840 --> 55:04.320] and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[55:05.040 --> 55:10.560] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[55:10.560 --> 55:15.360] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[55:15.360 --> 55:21.520] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[55:21.520 --> 55:26.720] it's worth hanging on to. This public service announcement is brought to you by Startpage.com,
[55:26.720 --> 55:32.720] the private search engine alternative to Google, Yahoo, and Bing. Start over with Startpage.
[55:34.240 --> 55:39.920] Remember the scene in George Orwell's novel 1984 when Winston is threatened with his worst fear?
[55:39.920 --> 55:44.800] That fear was having a cage of hungry rats unleashed on his face. But what if his worst
[55:44.800 --> 55:49.840] fear was spiders? Eight-legged spiders, to be exact. Getting a face full of spiders would be
[55:49.840 --> 55:54.480] pretty cruel and unusual. That image of eight-legged spiders will help you remember the Eighth
[55:54.480 --> 55:59.520] Amendment. Our founding fathers added the Eighth Amendment to the U.S. Constitution to protect us
[55:59.520 --> 56:04.480] from creepy-crawly eight-legged punishments and other cruel and unusual prison practices that were
[56:04.480 --> 56:09.200] common in their day. The Eighth Amendment also prohibits the government from requiring excessive
[56:09.200 --> 56:14.400] bail and charging excessive fines. I'm Dr. Catherine Albrecht. More news and information
[56:14.400 --> 56:18.400] at CatherineAlbrecht.com.
[56:39.200 --> 57:00.560] Welcome back to the Rule of Law Radio. Randy Kelton. I'm Brett Fountain on this Thursday,
[57:00.560 --> 57:07.760] the 26th of June, 2025. And right now we are speaking with Chris in Colorado.
[57:09.200 --> 57:19.840] And Chris, we were considering how to hold some federal public officials accountable to follow
[57:19.840 --> 57:29.200] the law and the potential for a Bivens suit. Bivens is similar to, you're probably familiar
[57:29.200 --> 57:37.200] with the Title 42, Section 1983. That's for the state actors. And this Bivens suit is the
[57:38.080 --> 57:47.440] federal tier. That's the parallel in the Fed. When a federal actor does something that violates
[57:48.080 --> 57:55.200] a federally protected right. So I'm not exactly hearing something that sounds like
[57:55.200 --> 58:05.440] necessarily a deprivation of your rights there. It could be, depends on how you write it up. You
[58:05.440 --> 58:16.400] might be able to spin it to that because you made a motion. Yeah, go ahead. Can I give you a little
[58:16.400 --> 58:21.440] context? Yeah, let me give you a slight context for both you and I, and then also for people
[58:21.440 --> 58:27.760] listening so that they'll know what they're up against. When you appeal off of a federal
[58:27.760 --> 58:32.400] court in your district, then you go to the circuit wherever you are, right? And then you have three
[58:32.400 --> 58:38.720] judges look at a case, okay? So you write your briefs. Yes. And then when you're done briefing,
[58:38.720 --> 58:43.120] then the judges generally rule on it, but they generally ban on it. They do a good job, right?
[58:43.120 --> 58:48.080] Well, in my case, how many judges looked at it? Just for a moment, can I ask you to take a look
[58:48.080 --> 58:56.240] at your headset there? You're cutting out a lot as your audio. I'm still understanding you,
[58:56.240 --> 59:01.200] but some of your words are missing because it's skipping. I wonder if you can adjust anything
[59:01.200 --> 59:11.840] there with your cable, maybe get a more solid connection. Yeah, let me get connection.
[59:12.720 --> 59:16.000] Um, crap. Thanks.
[59:18.800 --> 59:22.640] I don't think I can adjust it all of a sudden. I'm sorry, man. I'm actually in a limited area.
[59:22.640 --> 59:28.960] I'm on Wi-Fi calling. Is it still cutting in and out? That sounds pretty good right there. So yeah,
[59:28.960 --> 59:32.480] go ahead, continue. You're giving us some context for that, your motion.
[59:34.720 --> 59:41.520] Right. So once the circuit rules on your case, if they dismiss it or they affirm the lower
[59:41.520 --> 59:48.480] court or whatever they do, it's considered, that's it apparently. And so then there's a,
[59:48.480 --> 59:53.600] there's a mandate that comes at some point, it's usually 14 days after, or if you ask for an
[59:53.600 --> 59:58.320] extension because you want to do a writ of certiorari to the Supreme Court, then you can get usually
[59:58.320 --> 01:00:04.560] a, you know, some type of extension. But once that case is done, it's done. But in the meantime,
[01:00:04.560 --> 01:00:10.960] you have one more shot at it, which is to petition the court for rehearing or rehearing en banc.
[01:00:10.960 --> 01:00:17.440] Okay. So I filed a motion for an extension thinking I could get it done in 30 days. And
[01:00:17.440 --> 01:00:21.440] I was working hard on it and I had everything pretty much highlighted. I just needed to refine
[01:00:21.440 --> 01:00:29.120] it. And then I crashed and, and I just couldn't, I couldn't do it anymore. And so I got the doctors
[01:00:29.120 --> 01:00:35.520] involved and that's when I tried to do the stay. And now they're, they're not even giving an
[01:00:35.520 --> 01:00:40.080] explanation to, they're basically saying, you don't have a case. So you can't, you can't stay
[01:00:40.080 --> 01:00:44.320] nothing if you don't have a case. I'm like, whatever, I think that's wrong, but fine.
[01:00:44.880 --> 01:00:45.760] So they try to formally-
[01:00:45.760 --> 01:00:52.400] L. This is within what's called the plenary, their plenary power. After they've issued some
[01:00:52.400 --> 01:00:58.960] kind of ruling, it's not considered final until a certain number of days passes. So you are inside
[01:00:58.960 --> 01:01:03.920] the time and you're trying to hit pause. That's totally legit.
[01:01:03.920 --> 01:01:10.480] L. Right. But they're not saying that in the court and the clerks are making their own
[01:01:10.480 --> 01:01:15.440] interpretation because even the clerks can't figure it out. And the court is saying almost
[01:01:15.440 --> 01:01:21.760] nothing because they want me to go away. All right. Well, they forced me to file a motion
[01:01:21.760 --> 01:01:25.920] instead of, instead of granting a stay under medical leave, which is a disability thing.
[01:01:25.920 --> 01:01:32.960] And I actually, Title II is under the Americans with Disabilities Act. And in those laws,
[01:01:32.960 --> 01:01:38.400] you are allowed accommodation, which means extensions, change to policies, change to
[01:01:38.400 --> 01:01:44.800] rules and regulations to allow you access to the court. And in the Fed, that parallel is called
[01:01:44.800 --> 01:01:50.000] Section 504. And so they both work in conjunction. ADA is more for entities on the state level,
[01:01:50.560 --> 01:01:57.200] but it can be federal and 504 is more for federal. Those were both cited in both my motions. They've
[01:01:57.200 --> 01:02:02.320] been cited in many of my motions just so they, and they, they usually, it usually works,
[01:02:03.120 --> 01:02:09.200] but this time they're ignoring it. So to your, to your point, they are violating federal law,
[01:02:09.200 --> 01:02:14.720] two of them, the ADA Act, Section 504. And then there's another, another one that I'm looking
[01:02:14.720 --> 01:02:19.280] into that I didn't know about, I found out about today. So they absolutely are violating federal
[01:02:19.280 --> 01:02:22.400] law, but here's the crazy thing. L. Well, I'm not really sure about that.
[01:02:22.720 --> 01:02:23.040] Yeah.
[01:02:23.840 --> 01:02:28.480] If they are violating the law, great, then you can hold them accountable. But I'm,
[01:02:28.480 --> 01:02:33.760] I'm not 100% convinced. So just because they, they gave you,
[01:02:35.600 --> 01:02:40.480] let's say, a reprieve, it's not exactly a stay because they just basically changed the deadline.
[01:02:41.280 --> 01:02:47.360] But can it really be said for sure that they didn't do that because of your medical issues
[01:02:47.360 --> 01:02:52.400] that you presented? They didn't mention it, but they went ahead and gave an extension of time.
[01:02:53.120 --> 01:02:59.120] Maybe it's not all the time you requested, but did they clearly and cleanly violate the law?
[01:03:00.000 --> 01:03:00.480] I don't know.
[01:03:02.880 --> 01:03:07.200] Well, that's, and thanks for playing devil's advocate. That's, that's the nuanced trick.
[01:03:07.840 --> 01:03:13.520] That's exactly what they're doing. They're not acknowledging why they're giving an extension.
[01:03:13.520 --> 01:03:18.640] They're just giving an extension. However, doesn't the rules of ethics and code of conduct
[01:03:18.640 --> 01:03:21.600] for the judges state they have to address everything in your pleadings?
[01:03:23.280 --> 01:03:28.880] That's where I would be more. I think you have a probably steadier footing is if you say,
[01:03:28.880 --> 01:03:37.440] I put in this motion and I needed this motion to be heard. This is an emergency situation for my
[01:03:37.440 --> 01:03:44.000] health. And I substantiate, I put the grounds out for why this needs to be granted,
[01:03:44.000 --> 01:03:51.360] and they won't even hear the motion. Okay, they set a new date. That's irrelevant. I need my motion
[01:03:51.360 --> 01:04:00.960] heard. And if they're going to deny it, they better deny it for some good reason, not just,
[01:04:01.920 --> 01:04:07.840] because there's a fine line here. He has judicial, the judge or judges, there is some
[01:04:08.560 --> 01:04:13.280] judicial discretion involved in considering the merits of the motion and coming up with
[01:04:13.280 --> 01:04:20.800] an appropriate ruling. However, to hear the motion, to hold a hearing, there's no judicial
[01:04:20.800 --> 01:04:27.280] discretion. They must hear your motion. That part's administrative and ministerial in nature.
[01:04:28.000 --> 01:04:33.040] Does that make sense? Right. That's where I would be more inclined to put pressure.
[01:04:35.360 --> 01:04:38.080] Right. And that's where these federal protections come in. They're much more
[01:04:38.800 --> 01:04:43.200] administrative. If you've got a wheelchair, they must have a ramp or an elevator. If you're
[01:04:43.200 --> 01:04:47.440] hearing impaired, you got to get hearing aids. If you're visually impaired, they have to have
[01:04:47.440 --> 01:04:51.200] somebody who can communicate. Those are the basics that they can wrap their head around,
[01:04:51.200 --> 01:04:58.560] but it goes a little bit further. So that's exactly what's going on. But here's the trick
[01:04:58.560 --> 01:05:03.680] they're using. None of us are stupid. We understand what these people who think they're very clever
[01:05:03.680 --> 01:05:09.040] are doing to us. They're using procedure against us. And so what they did is they said the motion
[01:05:09.040 --> 01:05:17.440] is granted, the second one, as follows. No, the motion is granted in part. And that's when they
[01:05:17.440 --> 01:05:25.280] say the petition for rehearing must be filed by August 4th. So they said the motion was granted
[01:05:25.280 --> 01:05:35.840] in part. That infers or implies that they did an ex parte hearing or somehow closed doors hearing.
[01:05:39.360 --> 01:05:42.880] Well, I've never been to a hearing in the 10th circuit. We didn't do oral arguments,
[01:05:42.880 --> 01:05:45.120] so I think that's the only way you get to go to a hearing.
[01:05:47.760 --> 01:05:50.880] Well, then you can't hold them accountable for not having a hearing if they're writing
[01:05:50.880 --> 01:05:53.040] something that says your motion is granted in part.
[01:05:57.280 --> 01:06:02.960] Right. But what's the point if I can't get the relief I need to actually participate, you know?
[01:06:03.520 --> 01:06:09.040] So I don't know how many things to file back at them, because the other thing they're going to
[01:06:09.040 --> 01:06:12.800] use is, well, if you keep filing all these, obviously you don't need the extension because
[01:06:12.800 --> 01:06:16.400] you can use it. I mean, you know what I mean? They're going to use any petty thing they can
[01:06:16.720 --> 01:06:25.280] grab hold of. And so, I mean, obviously I can talk fine, but people don't see me in a normal day.
[01:06:25.280 --> 01:06:29.760] I wake up in four hours, I don't see. I got to wait to go to the grocery store until my
[01:06:29.760 --> 01:06:35.600] eyesight comes in. This is very cool. And I have a good spirit about it, but this is what I've been
[01:06:35.600 --> 01:06:42.480] dealing with for four years. And so everything I do is very verbal and luckily that wasn't damaged,
[01:06:42.480 --> 01:06:48.160] but the rest of me is suffering a lot. So the courts don't know I speak well,
[01:06:48.160 --> 01:06:54.480] because they never heard me. But if they see me doing actions, I can see what's going through
[01:06:54.480 --> 01:06:58.560] their head. They're finding a way to weaponize it. And that's what they do for people who are
[01:06:58.560 --> 01:07:04.160] self-represented. So at this point, I'm sick and tired of the game. I don't want to play the game
[01:07:04.160 --> 01:07:07.760] by their rules anymore. I want to go above their head. And I just don't know who's above their
[01:07:07.760 --> 01:07:12.960] head anymore, you know, because we're at the federal level. There's like, there's congressmen
[01:07:12.960 --> 01:07:17.920] and then there's a Supreme Court. That's it. Yeah. Well, you could go to the Supreme Court
[01:07:17.920 --> 01:07:27.120] with a petition for writ of mandamus to make them follow at least the spirit of, you know,
[01:07:27.120 --> 01:07:31.760] why grant this motion in part if it's not going to give you the relief you need in order to continue
[01:07:31.760 --> 01:07:39.760] litigating. Right. And in the back to the other thing, like the Joe who's talking in Texas about,
[01:07:39.760 --> 01:07:44.400] you know, this thing, like he's dealing with courts who are clerks who are messing things up
[01:07:44.400 --> 01:07:47.360] and acting like they're authorities. And he finally gets to a judge and all of a sudden the
[01:07:47.360 --> 01:07:51.600] clerks get on their tippy toes. I think that's similar what I'm going through here. I think the
[01:07:51.600 --> 01:07:55.760] clerks are touching my case more than the judges. Oh yeah. But how do I prove that?
[01:07:55.760 --> 01:08:00.320] Yeah. I hear you.
[01:08:03.040 --> 01:08:10.240] So I'm going to, I got to play some soft, some soft hardball, you know, softball type politics
[01:08:10.240 --> 01:08:15.040] and pressures here, but I don't have my wits about me to do it right now. I need another month to
[01:08:15.040 --> 01:08:19.440] get some rest and then I can come back and maybe do some, but like, I've got to play some politics
[01:08:19.440 --> 01:08:26.080] with the other people who are involved with this. And that's the, there's a judicial committee
[01:08:26.080 --> 01:08:32.880] for, you know, for judicial conduct complaints. The rehearing on bonk, I got to be careful of
[01:08:32.880 --> 01:08:37.520] that one because that, I have to make sure that gets to every one of the 12 judges or the nine
[01:08:37.520 --> 01:08:42.560] that are left. So they know that they have a case before them that they can vote on because
[01:08:42.560 --> 01:08:49.360] apparently the clerks also intervene on those. All right. So here's my suggestion for you to
[01:08:49.360 --> 01:08:56.400] consider. Do a judicial notice, make it be one page or less. Think about the caption,
[01:08:56.400 --> 01:09:00.240] taking up a giant chunk and your signature at the bottom and right there in the middle,
[01:09:00.240 --> 01:09:08.320] maybe three sentences, four sentences max, tiny, short and sweet. And you're giving judicial notice
[01:09:09.040 --> 01:09:19.600] that the amount of time that all of these doctors have said, you know, have referenced
[01:09:19.600 --> 01:09:22.880] the official court record because that's what they can take judicial notice of,
[01:09:25.120 --> 01:09:29.920] or rule 201. And so the amount of time that all of these doctors said
[01:09:29.920 --> 01:09:39.280] unanimously agree is necessary for your health. They're only granting you, you know,
[01:09:39.280 --> 01:09:45.200] 40% of that time. And that's not enough for you to heal according to these five doctors
[01:09:45.200 --> 01:09:50.320] as their statements are entered on the official court record. And, you know, they have to take
[01:09:50.320 --> 01:09:58.160] judicial notice of what's on the official court record. So you're not litigating it. You're not
[01:09:58.160 --> 01:10:02.800] asking them to rule on something, something. You're simply throwing that into the mix
[01:10:03.440 --> 01:10:06.080] because you can't deal with all the rest of it right now.
[01:10:08.640 --> 01:10:12.720] Something for you to consider. All right. We are just about to go to our sponsors.
[01:10:13.760 --> 01:10:16.880] Hold on just a moment. We'll be right back. Eric, I see you there.
[01:10:18.240 --> 01:10:23.280] Are you looking to have a closer relationship with God and a better understanding of his word?
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[01:12:39.200 --> 01:13:05.520] All right, welcome back to the Rule of Law Radio. Randy Kelton, I'm Brett Fountain,
[01:13:05.520 --> 01:13:12.720] and we're talking with Chris in Colorado about holding federal agents, federal actors accountable.
[01:13:14.160 --> 01:13:19.360] Chris, I did have one other part to a suggestion for you. So there's the judicial notice part,
[01:13:21.840 --> 01:13:27.200] and then I'm suggesting just like three sentences, make it really tight and visually tiny on the
[01:13:27.280 --> 01:13:33.120] page so that it's easy for the judges to look at that and they recognize that
[01:13:35.120 --> 01:13:43.280] your quick reference to Rule 201 and before they can even take a second breath,
[01:13:43.280 --> 01:13:48.080] they've already read everything you have to say. So here's my other part to the suggestion is
[01:13:48.720 --> 01:13:56.640] develop these sentences verbally. While you're relaxing on your sofa, your recliner,
[01:13:57.520 --> 01:14:03.360] with your voice recorder, you know, get out your phone or something that can record your voice,
[01:14:03.360 --> 01:14:09.280] and develop these sentences while you're talking. Talk it out so that you can say it the way you
[01:14:09.280 --> 01:14:16.000] want to say it. Keep it short and succinct, and then later it's just a matter of typing in,
[01:14:16.800 --> 01:14:21.680] just transcribed from your own recording. That way you're not spending a lot of time in front
[01:14:21.680 --> 01:14:26.240] of the screen and stressing out your eyes and everything. I don't know, what do you think?
[01:14:28.160 --> 01:14:31.840] Well, that's what I do all the time. Anyway, I talk into a recorder and I play it back to
[01:14:31.840 --> 01:14:39.120] GPT and I have GPT right. Oh, there you go. Great. Yeah. Good advice. Good advice. That's the only
[01:14:39.120 --> 01:14:43.440] way I've been able to participate for the past year, literally, is because of that technology.
[01:14:44.960 --> 01:14:50.320] But anyway, yeah, I'll do that. And I like your idea. I'm looking into the rules right now,
[01:14:50.320 --> 01:14:53.920] the appellate process, but I think that's a good idea. I think judicial notice.
[01:14:54.160 --> 01:15:00.400] Yeah. And then I'm going to start thinking about ways to make sure this gets past the clerk.
[01:15:00.960 --> 01:15:06.080] I got to ask them more about that because they don't know I'm a pain in the ass yet. They think
[01:15:06.080 --> 01:15:10.560] that I just write really lengthy briefs. They have no idea that I have called almost every single
[01:15:10.560 --> 01:15:17.920] agency across the United States trying to figure out how this all works. So if I ever find anybody,
[01:15:18.000 --> 01:15:24.560] if I ever find anybody who will actually start to step in on this, then it should cascade. But
[01:15:25.280 --> 01:15:29.680] they just think they're just lofty judges that can just dismiss pro se. And that's what I'm
[01:15:29.680 --> 01:15:35.360] trying to figure out. Eric, Eric's coming up next. Oh, this is different, Eric. Sorry.
[01:15:36.480 --> 01:15:42.000] I'm trying to figure out how do we really get their attention because what I've been hearing
[01:15:42.000 --> 01:15:45.840] from attorneys, I have an attorney who helps me here and there. He's a really nice guy, but he's
[01:15:46.400 --> 01:15:51.280] not federal and he's not licensed and half the stuff I do. But he says, I don't like the fed
[01:15:51.280 --> 01:15:58.080] because the judges, they got their snouts up their butt because they're lifers. He says, whereas the
[01:15:58.080 --> 01:16:02.800] state judges, you can control them a lot easier. They're a lot more fun to play with, if you will,
[01:16:02.800 --> 01:16:12.400] so to speak. Wow, this is an attorney and he doesn't mind pulling their strings. How about that?
[01:16:13.040 --> 01:16:17.920] I mean, he's a straight shooter, but he told me straight up, I'll never talk down about a
[01:16:17.920 --> 01:16:21.840] judge. He says, because then I'll never win another case. But he says, I have no problem pushing
[01:16:21.840 --> 01:16:28.000] things. And so basically what he's saying, he's saying what you guys are saying, it's political,
[01:16:28.000 --> 01:16:33.360] but he has a bar card. This is his career. He's never going to, but he speaks openly about what
[01:16:33.360 --> 01:16:37.200] he does as dislikes. That's why he's helping me. He doesn't like hospitals. He doesn't like
[01:16:37.200 --> 01:16:42.320] insurance companies because they screw people left and right. But he goes after them, but he
[01:16:42.320 --> 01:16:46.560] uses the system too as a benefit. Whereas you hear other attorneys say, I hate these
[01:16:46.560 --> 01:16:50.000] insurance companies and yet they'll never fight them really in the court. I hate these judges
[01:16:50.000 --> 01:16:55.280] that they really never stand up to them. That's how you know most lawyers have zero integrity.
[01:16:56.000 --> 01:17:00.400] And God, I had an attorney a couple of weeks ago lie to me and said that my case had to go
[01:17:00.400 --> 01:17:04.560] to federal court because it's some diversity thing because it's in Wyoming and yet both
[01:17:04.560 --> 01:17:08.160] parties are in Colorado. So it was like, he literally lied to my face. He had no idea I
[01:17:08.160 --> 01:17:19.280] had federal training. So anyway, I'm trying to figure out how to get these federal judges
[01:17:19.280 --> 01:17:23.520] attention. I'm trying to find their soft spots and they obviously have them. Otherwise they
[01:17:23.520 --> 01:17:26.320] wouldn't pay me any attention. It's kind of like what they did.
[01:17:26.320 --> 01:17:32.080] LARSON They do. Look, how about this? After you've been healing for a little while,
[01:17:33.120 --> 01:17:37.680] just set this on the shelf. After you're not thinking about it for a while and you're healing,
[01:17:38.880 --> 01:17:43.600] these things are going to start popping left and right in your mind. And on paper,
[01:17:43.600 --> 01:17:47.040] they'll start all coming together because you're becoming more healthy.
[01:17:50.160 --> 01:17:54.800] You're right. I know that. But I got to set it up where I can heal. I know it's like a double-edged
[01:17:54.800 --> 01:18:01.440] sword, right? LARSON That's why I say maybe judicial notice because at that point you have
[01:18:01.440 --> 01:18:08.080] put something on the record that they can't deny and they can't even not take notice
[01:18:08.080 --> 01:18:15.360] of it because of rule 201. You're literally highlighting what is already in the court record.
[01:18:17.440 --> 01:18:26.000] And it can't be reasonably questioned. That's the source of it. The source can't be reasonably
[01:18:26.000 --> 01:18:31.920] questioned because it is the court clerk's official record of the court. By you putting
[01:18:31.920 --> 01:18:36.720] that judicial notice in there, just to highlight the discrepancy in timeframe,
[01:18:37.200 --> 01:18:42.000] hey, I moved for this timeframe because these five doctors said it's necessary. However,
[01:18:43.200 --> 01:18:53.280] the court somehow decided with zero evidence that this other time of much less time is all I get.
[01:18:54.800 --> 01:19:02.800] This is a restraint of my liberty. Or I can conclude that this is a restraint of my liberty.
[01:19:02.800 --> 01:19:06.560] That's not something that they could take judicial notice of. They could take judicial
[01:19:06.560 --> 01:19:11.920] notice of all the rest of it. But if you mention something about a restraint of your liberty,
[01:19:11.920 --> 01:19:21.440] they're going to hear habeas. Or somebody else on your behalf could file a habeas.
[01:19:24.080 --> 01:19:30.240] Hey, this guy over here is being restrained in his liberty. And when something like that comes up,
[01:19:30.240 --> 01:19:36.000] it does not have to come from you, the person who's healing. It can come from somebody else
[01:19:37.120 --> 01:19:40.560] who just happens to know about it and hear about it and decide that
[01:19:41.680 --> 01:19:44.080] they care about you enough to write a habeas.
[01:19:47.520 --> 01:19:49.040] Better start making some better friends.
[01:19:51.920 --> 01:19:57.840] All right. Well, these are all good ideas. And I'll spin them around because, I mean, I don't know,
[01:19:58.640 --> 01:20:03.600] the Supreme Court just seems like a pretty long shot. I'm not saying people haven't done it,
[01:20:03.600 --> 01:20:09.120] but most pro se never get there. Most capers never get there, period. But
[01:20:10.720 --> 01:20:14.560] weirder things have happened, right? Maybe it puts pressure in some way that they know that
[01:20:14.560 --> 01:20:19.040] that's happening. Who knows? But all right. These are all good ideas, Brett. Thank you very much
[01:20:19.040 --> 01:20:24.000] for bouncing them off. And I'll get off and let the next guy go. So thanks again. I appreciate it.
[01:20:24.640 --> 01:20:30.160] All right. Enjoy your time healing and maybe sitting out at a park and watching the lake.
[01:20:32.160 --> 01:20:35.120] Yeah, just going to lay down and look up in the cloud, if I could. You're right.
[01:20:35.760 --> 01:20:39.120] There you go. All right. Well, thanks for calling. Have a good evening.
[01:20:41.120 --> 01:20:49.280] Thanks. All right. Next up, we have Eric in Texas. Good evening, Eric. What is on your mind?
[01:20:49.760 --> 01:20:54.720] Hey, Brett. How are you doing today? I'm doing great.
[01:20:56.400 --> 01:21:05.840] Well, I was calling because I finally got my case dismissed from when I was arrested and tased and
[01:21:06.720 --> 01:21:15.520] brutally handled by the police here. And I was wanting to get some advice on maybe kind of
[01:21:16.480 --> 01:21:21.760] how to handle these guys. And maybe I can start putting some paperwork together and try to
[01:21:21.760 --> 01:21:26.800] go after them. Because I can't find any lawyers that will go after these guys
[01:21:27.840 --> 01:21:34.960] in the North Texas area. Right. Well, yeah, that was a horrific way that they treated you
[01:21:35.600 --> 01:21:41.920] and your father too, but especially you. And yeah, I don't know if you want to go over any
[01:21:41.920 --> 01:21:47.120] of that for the listener's benefit or just we'll just leave it at horrific and go forward.
[01:21:48.400 --> 01:21:57.760] No, no, no. We can definitely do that. I don't mind. So just to kind of be as brief as possible
[01:21:57.760 --> 01:22:06.720] with it. I have a brother who's got mental health issues and just was saying he was feeling suicidal.
[01:22:06.720 --> 01:22:13.680] We called the police for a mental health check. Essentially, we did call 911, told the dispatch,
[01:22:13.680 --> 01:22:20.320] hey, no weapons on him. He wanted to lay down on train tracks, blah, blah, blah. So he's at the
[01:22:20.320 --> 01:22:26.000] home. No emergency because he's not on the train tracks. He just doesn't feel good.
[01:22:27.680 --> 01:22:33.520] And so the cops come, they're all blacked out. The fire department arrives before them though.
[01:22:33.520 --> 01:22:37.520] And we were standing around, there was about six or seven, nothing happened. And they talked to
[01:22:37.520 --> 01:22:43.600] him for a little bit. Cops come, pull up, no emergency lights, all blacked out. And
[01:22:45.120 --> 01:22:50.880] they get up there and start talking to him. They separate my dad and they didn't tell me to go
[01:22:50.880 --> 01:22:57.920] anywhere. And I start talking, they start talking to the cops and I'm just kind of rolling my eyes.
[01:22:57.920 --> 01:23:02.400] And I'm about to talk myself off to this clip over here, but
[01:23:03.360 --> 01:23:06.000] it gets a lot more exciting after the police arrive.
[01:23:07.600 --> 01:23:13.920] Yeah, that's when they really started getting ugly. Okay, so yeah, we'll
[01:23:13.920 --> 01:23:16.480] cover the rest of that after the sponsor. Be right back.
[01:23:20.160 --> 01:23:27.200] Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
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[01:26:20.160 --> 01:26:25.200] You are listening to the Logos Radio Network, logosradionetwork.com.
[01:26:42.880 --> 01:26:51.360] All right, welcome back to the rule of law radio. Randy Kelton, I'm Brett Fountain
[01:26:51.360 --> 01:26:54.160] and we are speaking with Eric in Texas.
[01:26:58.960 --> 01:27:00.320] All right, back home.
[01:27:04.000 --> 01:27:04.500] Hello?
[01:27:04.500 --> 01:27:09.700] Eric, are you there?
[01:27:11.540 --> 01:27:12.580] Hello? Yes.
[01:27:13.380 --> 01:27:17.300] There we go. I hear you now. So you were telling us about what happened at your
[01:27:17.300 --> 01:27:19.220] home and it was just about to get ugly.
[01:27:20.980 --> 01:27:28.020] Yeah. So my wife wasn't there at the time. It was just my dad told my kids to stay inside
[01:27:28.740 --> 01:27:32.980] and the cops were, one of the cops was talking to my brother, one of my dad.
[01:27:34.020 --> 01:27:38.740] And I'm just rolling my eyes and I kind of paced back and forth because my brother's just not
[01:27:38.740 --> 01:27:43.780] making any sense, you know, can't even answer some question, what's your name? And you know,
[01:27:43.780 --> 01:27:51.380] it's just frustrating listening to him. And anyhow, my wife was on her way and I said,
[01:27:52.180 --> 01:27:57.460] sir, I said, would you, can we move the ambulance? Ambulance came up and was
[01:27:57.460 --> 01:28:01.460] blocking the driveway. I go, can we move the ambulance? Can they pull up just a little bit?
[01:28:01.460 --> 01:28:05.460] You know, my wife's about to come. I'd like for her to park in the driveway. Simple question.
[01:28:05.460 --> 01:28:13.700] Innocent, I thought. And he had an attitude that, no, I'm in the middle of an emergency
[01:28:13.700 --> 01:28:19.860] investigation. I'm like, what's the emergency? You know, in my head, because I know he's not,
[01:28:19.860 --> 01:28:25.140] you know, actively trying to harm himself. And it was just a mental health check. No,
[01:28:25.140 --> 01:28:33.460] nobody was threatened. And I said, if it's such an emergency, why is he not in cuffs or why,
[01:28:33.460 --> 01:28:38.100] why is he not in the back of the ambulance then already? And he didn't like that. He goes,
[01:28:38.660 --> 01:28:44.980] told me to, you know, no, to go away. And so I started walking away and he follows me,
[01:28:45.940 --> 01:28:50.180] tries to give me some directive and, you know, to tell me to stay here or whatever. I was like,
[01:28:50.180 --> 01:28:54.580] dude, I'm, I'm, I want to get away from all of this nonsense. You know, he goes,
[01:28:56.100 --> 01:28:57.780] you stay here. He goes, I'm going to.
[01:28:57.780 --> 01:29:01.860] Well, yeah. Plus he told you to go away. So you're actually going away already.
[01:29:02.980 --> 01:29:08.020] Yeah. So he started following me and he says, stay here. If you don't, I'm going to arrest you
[01:29:08.020 --> 01:29:16.500] for interference. I go, uh, interference. I said, you know, what do you, I had one first word. I
[01:29:16.500 --> 01:29:20.900] don't want to say it on here, but I was basically said, GTFO, you know, it's like a common
[01:29:20.900 --> 01:29:27.300] colloquialism of like, you're, you're, you're not serious. It's like that. Get out of here. It's
[01:29:27.300 --> 01:29:34.260] not real. Like it doesn't make sense, you know? And, uh, you know, basically saying he's making
[01:29:34.260 --> 01:29:40.100] stuff up. So he didn't like that. And I started walking towards my front door, you know, it all
[01:29:40.100 --> 01:29:48.820] happened so quickly. And so he, I watched a video and he ended up just saying, deal. Cause I walked
[01:29:48.820 --> 01:29:58.180] away, didn't listen to him. And he just said, uh, deal. He tackled me, put me on the front of the
[01:29:58.180 --> 01:30:05.540] hood and his buddy tased me. They tased me. And I said, I'm not resisting three times. And they
[01:30:05.540 --> 01:30:11.540] tased me all within 27 seconds. And then threw me, cuffed me and threw me head first into the
[01:30:11.540 --> 01:30:16.500] back of the patrol car. So that's kind of how it all ended. And then I was in jail for 48 hours.
[01:30:18.900 --> 01:30:26.500] All right. So you beat the charges against you for which they supposedly thought they had a reason
[01:30:26.500 --> 01:30:36.020] to abuse you. And now that opens them wide open, not only for a malicious prosecution,
[01:30:36.660 --> 01:30:45.460] simulation of legal process, everything that goes with the false foundation for them to even
[01:30:45.460 --> 01:30:52.820] bother you at all. But now that also leaves you in a position where you can hold them accountable
[01:30:52.820 --> 01:31:00.020] for every single crime they did. So, you know, from the assault, uh, so here's what you're going
[01:31:00.020 --> 01:31:04.900] to be looking for. You're going to go looking in the penal code. We'll start there because
[01:31:04.900 --> 01:31:09.700] you're going to end up culminating in a lawsuit, but you don't start with the lawsuit,
[01:31:09.700 --> 01:31:13.140] the civil lawsuit, start with the criminal complaints. They're modular.
[01:31:14.340 --> 01:31:21.300] They are, they're like hand grenades. You don't have to follow them through court.
[01:31:22.100 --> 01:31:31.860] You build them and they, they have their own little explosive built in. And all you do is just
[01:31:31.860 --> 01:31:42.180] lob it. So each one of these criminal complaints is going to have a name of the actor. You're going to
[01:31:43.220 --> 01:31:49.220] reference what crime they did. And for the essential elements of that crime,
[01:31:50.180 --> 01:31:56.100] you're going to list out some facts that go, at least one fact to support each of those essential
[01:31:56.100 --> 01:32:05.300] elements. Once you've got that, then it's pull pin, lob grenade. You don't have to follow that.
[01:32:05.300 --> 01:32:09.060] And what I mean by that, it's not like a civil lawsuit with deadlines and you have
[01:32:10.260 --> 01:32:13.220] responses and objections and things that you have to deal with.
[01:32:13.220 --> 01:32:25.540] This is just, it's one document. You fire it off to a magistrate. Now, if you want to follow it
[01:32:25.540 --> 01:32:29.540] and hold that magistrate accountable for not doing his job and so forth, then you're going
[01:32:29.540 --> 01:32:35.780] to go up the chain and that's like a parallel track of accountability. But for your purposes
[01:32:35.780 --> 01:32:42.180] of developing your lawsuit, what you've done is that little module that you made, that criminal
[01:32:42.180 --> 01:32:51.460] complaint is going to transition, copy and paste right on over into your civil lawsuit later.
[01:32:51.460 --> 01:32:56.900] That's going to be count one, count two, count three. And count one is going to look just like
[01:32:56.900 --> 01:33:02.180] a criminal complaint. It's going to reference the facts. It'll say a certain actor did on such
[01:33:02.180 --> 01:33:09.860] and such a day at such and such a location as follows and give his actions that he did exactly
[01:33:09.860 --> 01:33:17.540] what happened. Take a look at the video to just be sure. I know for me sometimes things change
[01:33:17.540 --> 01:33:23.140] order in my memory. I thought I was standing over here before he said that or so forth.
[01:33:23.140 --> 01:33:26.820] So just take a look at the video and make sure that whatever you're swearing
[01:33:28.100 --> 01:33:35.460] happened actually was that way just to double check yourself. But yeah, you're going to do
[01:33:35.460 --> 01:33:41.940] the criminal complaints. I suggest TECOL complaints as well, T-C-O-L-E. These are
[01:33:43.220 --> 01:33:50.580] police oriented. It's kind of like bar grievances are for lawyers. TECOL complaints are for the cops
[01:33:50.580 --> 01:33:57.620] or for any law enforcement. Anybody that is commissioned in the state of Texas as a peace
[01:33:57.620 --> 01:34:04.900] officer, they will have or licensed as a peace officer, they will have a commission with somebody
[01:34:04.900 --> 01:34:16.020] like the city police department. But their license is from the state of Texas. And so this
[01:34:16.020 --> 01:34:25.620] particular complaint is alleging that that person did a crime and it goes to their fitness to hold
[01:34:25.620 --> 01:34:36.420] a license. So those things have their own review board just like the attorneys would
[01:34:37.140 --> 01:34:44.180] with the ethics complaints that we make called bar grievances. Or with the judicial misconduct
[01:34:44.180 --> 01:34:50.180] complaints, judges have to follow the code of judicial conduct. Well, these officers
[01:34:51.060 --> 01:34:57.460] have the TECOL complaints. If they get the, I don't know, I've been told that six of them,
[01:34:57.460 --> 01:35:04.340] six complaints makes an officer not even employable anymore. So they do have a big effect.
[01:35:06.420 --> 01:35:15.540] But anyway, I would suggest the criminal complaints first because those are going to serve as modules
[01:35:16.180 --> 01:35:22.100] to give you really a good leg up when you're putting your thoughts together for your civil
[01:35:22.100 --> 01:35:29.220] lawsuit afterwards. And also the criminal complaints, as soon as you're done with each one of them,
[01:35:30.420 --> 01:35:35.860] you can just staple it right to the back of, take a copy of it, and now you've got your TECOL
[01:35:35.860 --> 01:35:45.300] complaint. Your TECOL complaint will be alleging that this officer did something wrong.
[01:35:46.180 --> 01:35:52.900] Now, if it's an informal complaint, you're just saying, you know, he treated me roughly,
[01:35:53.540 --> 01:36:00.420] he wasn't nice, he threw the paper at me instead of handing it to me. That's an informal complaint.
[01:36:03.540 --> 01:36:10.340] But a formal complaint accuses him of a crime. Hey, this officer over here, he's supposed to be
[01:36:10.340 --> 01:36:16.580] a law enforcement, and he actually committed a crime. Check it out. And then attached is the
[01:36:16.580 --> 01:36:23.220] sworn complaint that you've got with your notary, he's got a stamp on the complaint, and that's
[01:36:23.220 --> 01:36:27.780] official. So now they've got to go do an investigation, and it's not just his internal
[01:36:27.780 --> 01:36:32.260] affairs buddies that get to look at that. Well, they may or may not be his buddies, but, you know,
[01:36:32.260 --> 01:36:39.700] you get the picture. So that's what I would suggest about that. Those criminal complaints
[01:36:39.700 --> 01:36:46.820] will come in very handy when you're ready to do your civil lawsuit. Whether that's sooner or later,
[01:36:47.780 --> 01:36:55.700] I hope it's within the timeframe. You'll generally have two years from the time of
[01:36:58.100 --> 01:37:02.660] the challenged conduct to the time that you are addressing it.
[01:37:02.660 --> 01:37:12.020] Okay, we're just about to go to sponsors. Anybody else wants to call in? It's 512-646-1984,
[01:37:12.740 --> 01:37:16.100] and Eric will continue brainstorming on the other side.
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[01:39:17.860 --> 01:39:41.780] All right. Welcome back to the Rule of Law Radio. Randy Kelton. I'm Brett Fountain,
[01:39:42.340 --> 01:39:47.060] and we're speaking with Eric in Texas. This is our last segment for this evening.
[01:39:47.780 --> 01:39:54.100] And Eric, so how do these suggestions hit you? And is there anything that comes to mind about
[01:39:54.100 --> 01:40:03.940] that that you're not really sure how to do or if you want to do? Are you there, Eric?
[01:40:04.900 --> 01:40:15.780] Or you might be muted. Can you hear me? All right. So I had the, I saw these police officers back in
[01:40:15.780 --> 01:40:22.180] my neighborhood the other day at a house on a call. And that really kind of disturbed me
[01:40:22.180 --> 01:40:29.220] because I thought they were, I was told by their internal affairs guy that, yeah, they got a nice
[01:40:29.220 --> 01:40:34.340] slap on the wrist, but they didn't follow the procedure at all. They never informed us, so,
[01:40:34.340 --> 01:40:41.620] you know, kept my mother or father who wrote the actual complaint because I was told by my attorney
[01:40:41.620 --> 01:40:50.580] not to do any internal affairs complaint yet until I was through with my case.
[01:40:51.780 --> 01:40:53.460] You mean until you got yourself off the hook?
[01:40:53.540 --> 01:40:57.860] Yeah. Yeah. I totally agree with that approach.
[01:40:59.300 --> 01:41:07.780] And so now I'm seeing them reminding me that, hey, I need to hold these guys feet to the fire
[01:41:07.780 --> 01:41:15.460] and let them know I didn't forget about it. And so I think I will start taking your advice.
[01:41:15.460 --> 01:41:21.460] Where do we find, like, I guess, any specific, do I just write it on a paper and hand it to
[01:41:21.460 --> 01:41:29.940] a magistrate or is there a specific format that I need to go find once I identify the crimes?
[01:41:30.980 --> 01:41:37.620] Yeah. The Texas Code of Criminal Procedure lays out the requirements for a complaint in chapter
[01:41:37.620 --> 01:41:50.340] 15. So it'll be like, look at 15, there's first several parts of 15, 1501 through maybe 1504 is
[01:41:50.340 --> 01:41:54.500] good. 1504 and 1505 are probably the main parts you're going to be focused on.
[01:41:56.580 --> 01:42:02.500] But yeah, I'll give you a sample. It's very simple and straightforward. It has to start with
[01:42:06.340 --> 01:42:10.020] in the name and authority of the state of Texas, and it has to end up with
[01:42:11.140 --> 01:42:13.780] against the peace and dignity of the state of Texas.
[01:42:14.740 --> 01:42:21.700] But you're writing these things saying facts that you have personal knowledge of
[01:42:23.460 --> 01:42:28.100] because you were there, you were the victim. So you have the intimate personal knowledge
[01:42:28.100 --> 01:42:35.060] of these things. So you can swear to what happened. And especially, like I said, you'll feel
[01:42:35.060 --> 01:42:43.380] safer if you, I'll feel safer for you if you will review the video or in some way look over what
[01:42:43.380 --> 01:42:48.900] happened because it was a little while ago. Then you'll be sure that what you're swearing
[01:42:48.900 --> 01:42:52.980] to is not going to fall apart in court and you get accused of perjury or something.
[01:42:53.860 --> 01:43:01.140] But should my attorneys be able to give me all of that stuff since, you know,
[01:43:01.700 --> 01:43:07.700] it was in my file or do I have to do a public records request to be able to go back and review
[01:43:07.700 --> 01:43:16.580] that? That's a good question. Now that the file is closed, they may be wanting to get rid of it
[01:43:16.580 --> 01:43:24.580] and they may have already. They hold things in a sort of a limbo so that they don't get deleted
[01:43:24.580 --> 01:43:31.380] while a court case is ongoing. So you could have gotten it via discovery. If your lawyer's already
[01:43:31.380 --> 01:43:37.780] got it, great. Then you can get it from them. But if they didn't, it might be too late to get it
[01:43:37.780 --> 01:43:42.420] because discovery is only active during the time. Once it's dismissed, the case is over,
[01:43:43.620 --> 01:43:50.100] then those things are available for deletion. Yeah, I was able to watch the videos twice and
[01:43:50.100 --> 01:43:56.900] so I know they were able to get the videos through discovery. It's an automatic thing.
[01:43:56.900 --> 01:44:00.820] Okay, great. Then you can get them from the lawyers if they haven't deleted them.
[01:44:01.380 --> 01:44:03.940] That would be, I guess, the only other possibility.
[01:44:06.820 --> 01:44:12.820] Yeah, well, I'll try to go, I guess, ask for those. The only crazy thing is it was like,
[01:44:13.780 --> 01:44:18.980] a SWAT team pulled up. There's like 13 officers. It was like, so all their videos, it's just going
[01:44:18.980 --> 01:44:24.020] to cost a pretty penny. I guess I just need to get the main ones that we're trying to
[01:44:24.020 --> 01:44:32.420] go after. Yeah, or you can ask to inspect the records. If you're making records requests,
[01:44:34.020 --> 01:44:40.100] there's a big difference between asking for copies of something and asking to inspect some records.
[01:44:41.220 --> 01:44:44.740] So if you go to inspect it, they can't charge you a penny.
[01:44:45.380 --> 01:44:50.900] So then that would mean you go down there and you watch it, and you get familiar with it,
[01:44:50.900 --> 01:44:57.380] or you could even have a little camera going so that you're recording the entire encounter,
[01:44:57.380 --> 01:44:59.940] including whatever you're watching on their screen.
[01:45:04.020 --> 01:45:09.540] But yeah, so that would get you that. I'll send you a sample of
[01:45:09.540 --> 01:45:14.660] a criminal complaint. It's not complicated at all. It's just a matter of stating some facts,
[01:45:14.660 --> 01:45:20.820] and you just want to be sure that you hit every one of the essential elements of the crime that
[01:45:20.820 --> 01:45:26.500] you're alleging. So if you're going to say aggravated assault, I think that would be perfectly
[01:45:26.500 --> 01:45:35.060] applicable. You know, you might say, you might even go so strong and say, well, I'm going to
[01:45:35.060 --> 01:45:40.660] kill people. You know, you might say, you might even go so strong as attempted murder,
[01:45:40.660 --> 01:45:43.060] because they know that some people die from these tasers.
[01:45:45.700 --> 01:45:50.580] Depending on different people's situations, it has happened. It's been known to kill people.
[01:45:53.140 --> 01:45:57.860] The blood pressure just goes through the roots and just, you know, who knows their condition
[01:45:58.820 --> 01:45:59.940] once they're hit with that.
[01:46:01.060 --> 01:46:07.700] Exactly. So yeah, just lay out the facts, the facts that go to the elements of the crimes that
[01:46:07.700 --> 01:46:13.460] you're going to allege. And then those crimes will in turn become counts in your civil lawsuit
[01:46:14.100 --> 01:46:22.980] when you say that these state actors deprived you of your right, your federally protected rights
[01:46:23.540 --> 01:46:34.580] as follows. And their behavior was absolutely unquestionably, what's the term, objectively
[01:46:35.540 --> 01:46:42.820] unreasonable because it's codified as a crime. There's no way their behavior was reasonable
[01:46:42.820 --> 01:46:47.700] because it's criminal in nature. It's actually the legislature has codified it as a crime.
[01:46:48.260 --> 01:46:51.300] So there's no way they can say that was in scope of their official duties.
[01:46:53.220 --> 01:47:00.420] Yeah. And especially with no threats and no safety issues or anything.
[01:47:01.860 --> 01:47:08.980] Right. Yeah. And that's the kind of thing that you will need to raise when you are transitioning
[01:47:08.980 --> 01:47:15.860] from just the criminal complaints to, hey, they deprived me of my rights in this way.
[01:47:15.860 --> 01:47:21.620] So they not only did that crime, but they did it in a situation like this. So then you would paint
[01:47:21.620 --> 01:47:28.580] a little bit more of the picture to show that there was no reason for them to have to restrain
[01:47:28.580 --> 01:47:34.020] you or keep you from doing something. You were in the act of walking away as you were told to,
[01:47:34.740 --> 01:47:39.700] and there was no need to get you to try to come back or stand in a certain place.
[01:47:39.700 --> 01:47:42.580] Right. So.
[01:47:45.140 --> 01:47:52.980] Okay. Well, I'll look at that. What email should I send it to the rule of law radio?
[01:47:54.500 --> 01:47:57.460] Is there one that you are able to see?
[01:47:58.260 --> 01:48:02.820] I'll just put a link out there on Telegram. I've got it already shared out there on Telegram. I'll
[01:48:02.820 --> 01:48:09.060] just put a link out there and you can hit that reply to that or just watch it there. That's
[01:48:09.060 --> 01:48:14.740] probably the best way. Man, I've got so many thousands of emails. I can't keep up. I just
[01:48:14.740 --> 01:48:22.660] stop trying. Telegram, I'm still valiantly attempting to keep on top of everybody's
[01:48:24.660 --> 01:48:29.460] contacts there. Well, you're doing a great job and you're helping a lot of people and
[01:48:30.660 --> 01:48:36.020] I've just found a good group of people that fight the good fight.
[01:48:36.980 --> 01:48:41.540] Yep. And I'm sure you'll pay it forward too. If somebody around you needs something like
[01:48:41.540 --> 01:48:47.220] that, you'll be able to tell them, well, here's what I did. And more people can be encouraged to
[01:48:48.980 --> 01:48:55.060] do their piece to see justice in our communities. It's really encouraging when people are
[01:48:55.620 --> 01:49:02.900] willing to step up and take the necessary actions to have our public officials do right.
[01:49:02.900 --> 01:49:09.860] Yes, sir. That's great. Well, I appreciate your time and thank you for your help.
[01:49:11.380 --> 01:49:17.300] Yeah, you bet. All right. Well, keep us posted on how things are going with that.
[01:49:19.540 --> 01:49:23.380] Yes, sir. We'll be happy to help. All right. Thanks for calling tonight.
[01:49:24.660 --> 01:49:29.620] Have a good one. All right. We don't have any more callers,
[01:49:30.580 --> 01:49:34.900] but I would like to, before we finish up the program tonight, I would like to just
[01:49:35.940 --> 01:49:42.740] elaborate on this appreciation I have for people who are like Eric, willing to
[01:49:45.140 --> 01:49:56.020] go back afterwards. Like he said, he's had the accusations against him dismissed and then he,
[01:49:56.020 --> 01:50:02.100] one particular day, oh, I saw these same couple of guys in my neighborhood,
[01:50:03.220 --> 01:50:15.780] the same officers who did those horrific crimes. And so what's natural for almost anybody is once
[01:50:15.780 --> 01:50:21.220] the accusations against us are dropped and we finally don't have that pressure or nothing heavy
[01:50:21.220 --> 01:50:27.700] hanging over our head, the inclination is to just take a deep breath, try to forget it all,
[01:50:27.700 --> 01:50:35.940] go back to our life, pretend everything is going to be okay. And boy, we don't want to deal with
[01:50:35.940 --> 01:50:42.260] that anymore. That was heavy. It was hard. It was oppressive. And when finally the pressure is off,
[01:50:44.500 --> 01:50:49.220] we don't want to think about it. We don't want to write documents. We don't want to stay up late
[01:50:49.780 --> 01:50:53.620] after we've put our kids to bed going and burning the candle at both ends to try to
[01:50:54.740 --> 01:51:03.700] figure out how to write a motion or where is it supposed to be filed. And it's difficult to turn
[01:51:03.700 --> 01:51:14.500] around and do our job as masters of our public servants and really take that next step, do the
[01:51:14.500 --> 01:51:23.780] right thing to bring a flashlight to the roaches as Chris would say is like roaches. And it's
[01:51:23.780 --> 01:51:31.140] difficult. So when somebody does and they step up and like Eric is talking about here, he's looking
[01:51:31.140 --> 01:51:38.900] for how do I do this next part? That's great. There are times when for me, I wish I had been
[01:51:38.900 --> 01:51:45.380] more that way. There are things that I've let go that I wish I hadn't. And I understand completely
[01:51:45.380 --> 01:51:51.700] when people feel that they just can't go any farther. They've had enough hassle in their lives,
[01:51:52.420 --> 01:52:00.900] but kudos to the ones who can and do continue and turn it around as it needs to be.
[01:52:00.900 --> 01:52:07.460] So that was our Thursday evening broadcast. We'll be back tomorrow night.