ROL_2025-09-11_16k.timecode

Detecting language using up to the first 30 seconds. Use `--language` to specify the language
Detected language: English
[00:00.000 --> 00:08.000]  BAD BOYS
[00:30.000 --> 00:32.000]  Whatcha gonna do when they come for you?
[00:32.000 --> 00:34.000]  Bad boys, bad boys
[00:34.000 --> 00:36.000]  Whatcha gonna do?
[00:36.000 --> 00:38.000]  Whatcha gonna do when they come for you?
[00:38.000 --> 00:40.000]  When you were eight and you had bad traits
[00:40.000 --> 00:42.000]  You go to school and learn the golden rule
[00:42.000 --> 00:46.000]  So why are you acting like a bloody fool?
[00:46.000 --> 00:48.000]  If you get hot then you must get cool
[00:48.000 --> 00:50.000]  Bad boys, bad boys
[00:50.000 --> 00:52.000]  Whatcha gonna do?
[00:52.000 --> 00:54.000]  Whatcha gonna do when they come for you?
[00:54.000 --> 00:56.000]  Bad boys, bad boys
[00:56.000 --> 00:58.000]  Whatcha gonna do?
[00:58.000 --> 01:00.000]  Bad boys, bad boys
[01:00.000 --> 01:02.000]  Whatcha gonna do?
[01:02.000 --> 01:04.000]  Whatcha gonna do when they come for you?
[01:04.000 --> 01:06.000]  Bad boys, bad boys
[01:06.000 --> 01:08.000]  Whatcha gonna do?
[01:08.000 --> 01:10.000]  Whatcha gonna do when they come for you?
[01:10.000 --> 01:12.000]  You chuck it on that one
[01:12.000 --> 01:14.000]  You chuck it on its one
[01:14.000 --> 01:16.000]  You chuck it on your mother
[01:16.000 --> 01:18.000]  And you chuck it on your father
[01:18.000 --> 01:20.000]  You chuck it on your brother
[01:20.000 --> 01:22.000]  And you chuck it on your sister
[01:22.000 --> 01:24.000]  You chuck it on that one
[01:24.000 --> 01:26.000]  And you chuck it on me
[01:26.000 --> 01:32.000]  Bad boys, bad boys. Whatcha gonna do When they come for you?
[01:32.000 --> 01:37.000]  Nobody now give you no break. Police now give you no brake.
[01:37.000 --> 01:43.000]  ThatOant soldier manna give you no break. Not even your eye children not giving you no breaks.
[01:43.000 --> 01:48.000]  Bad boys, bad boys. Whatcha gonna do When they come for you?
[01:48.000 --> 01:54.000]  Bad boys, bad boys. Whatcha gonna do? Whatcha gonna do when they come for you?
[01:54.000 --> 02:00.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[02:00.000 --> 02:06.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[02:06.000 --> 02:18.000]  Okay, howdy, howdy, Randy Kelton, Bret Fountainbrew of La Radio. On this Thursday, the 11th day of
[02:20.000 --> 02:30.320]  September 2025, this is 9-11. Okay, Brett had this
[02:30.320 --> 02:40.320]  caller ask about a city putting up a sign. Will you address that, Brett?
[02:40.320 --> 02:46.320]  Yeah, he's a friend of mine. He was rolling through a little town in Texas, and he saw
[02:46.320 --> 02:53.840]  they put up one of those portable electronic signs, and they're telling everybody as they
[02:53.840 --> 02:58.640]  come into this city limits, they're telling everybody there's a new law. If you don't have
[02:58.640 --> 03:07.520]  insurance, we're towing your vehicle. So I said, huh, is that a fact? That's interesting,
[03:07.520 --> 03:17.600]  a new law, huh? So I think what they're probably talking about is an ordinance, right? That's the
[03:17.600 --> 03:23.600]  only thing that would happen when you cross into their city limits is something about an ordinance.
[03:23.680 --> 03:32.560]  And as we all know, ordinances are not laws. So that'd be the first thing to check and see,
[03:32.560 --> 03:42.400]  is there really a new law? Because if there is, it would be all across Texas. And if there is,
[03:43.520 --> 03:51.840]  if there really was something enacted like that, then my goodness, there must be a way to apply
[03:51.840 --> 03:54.320]  that law in a way that doesn't violate people's rights.
[03:55.360 --> 03:58.000]  A good chance the mayor owns a towing company.
[04:02.000 --> 04:03.120]  I know that's cynical.
[04:04.960 --> 04:12.320]  That's exactly the question number five on what I... So I told my friend, okay,
[04:12.320 --> 04:16.560]  how about some records requests? He's like, what do you mean? What kind of records do we need?
[04:17.520 --> 04:25.040]  So I said, well, number one, what is the name and title of the person who authorized
[04:25.040 --> 04:32.800]  that sign to be erected? I want to know who that was. So I'm going to go to the mayor and ask the
[04:32.800 --> 04:43.760]  mayor, who is it? Tell me the name of the man or woman that we can pinpoint as the one who put up
[04:43.760 --> 04:54.560]  that sign, right? And then, since the sign references new law, I want to see the records.
[04:55.200 --> 04:59.200]  Show me that new law. I want to see it. I want to inspect those records.
[05:02.720 --> 05:06.800]  So this is not a town he lives in? It's just one he passes through?
[05:07.360 --> 05:07.600]  Right.
[05:08.240 --> 05:09.600]  Oh, that's even better.
[05:09.840 --> 05:10.720]  Mm-hmm.
[05:12.720 --> 05:14.960]  There's nothing worse than a third-party ringer.
[05:16.960 --> 05:20.560]  Well, before this is over, they're going to know him, and they're going to want to leave him alone.
[05:22.720 --> 05:25.920]  So those first two questions that are on the first records request,
[05:27.760 --> 05:36.480]  and find out who it is, man or woman, that puts up a sign to tell everybody that
[05:36.480 --> 05:42.960]  when you come into our city limits, there's a new law. And number two, I want to see that law.
[05:43.760 --> 05:50.880]  All right. So then, after that, we've got some other things that would be requested.
[05:53.200 --> 05:56.800]  Let's see. Let me think what all they were.
[05:56.800 --> 06:07.840]  Oh, I don't remember the third and fourth one. The fifth one was this that you're talking about,
[06:07.840 --> 06:18.160]  though. I want to follow the money. Show me how every penny breaks down for a tow that happens
[06:18.960 --> 06:25.040]  in your city. I want to see where the money goes. Show me. Show me the records.
[06:25.360 --> 06:30.480]  And I know they're not going to really feel very comfortable about that question. So that's why
[06:30.480 --> 06:35.760]  I decided to break it up and put it into two records requests. First, we'll get the name,
[06:35.760 --> 06:42.160]  then we get the law without them, you know, seeing the end of the story yet.
[06:43.600 --> 06:51.600]  Because by the time they get to the other, let me take a look here. I know I've written this down.
[06:51.600 --> 07:00.000]  One of the things I like to do to cities is give them a request for a complete listing of all
[07:00.000 --> 07:09.520]  reports required to be filed by the city with the state or the county. Now, that goes under,
[07:09.520 --> 07:13.600]  I forget exactly the number of it, but I have a blank...
[07:13.600 --> 07:17.760]  That pulls from all sorts of different places in the government code, local government code,
[07:18.560 --> 07:21.120]  occupations code, that pulls from a lot of places.
[07:21.120 --> 07:23.280]  John Ligato There's one in particular in the Open
[07:23.280 --> 07:29.760]  Records Act, a section that lists all of those things that are made open for public inspection.
[07:30.880 --> 07:38.320]  I have an information request. I call it my scope and content request. So if anybody gives me any
[07:38.320 --> 07:44.480]  crapola about records, they get the scope and content request. The sheriff gave me a
[07:44.480 --> 07:51.600]  problem about that, so I filed it. The captain on the sheriff's department spent eight hours
[07:52.800 --> 07:56.320]  going through every record they keep with me. That's how long it took.
[07:57.920 --> 08:07.920]  But the request, they can't file a request for an attorney general's opinion because the content
[08:07.920 --> 08:16.640]  of the request is taken directly out of the code itself. This is what is statutorily open
[08:16.640 --> 08:21.840]  for public inspection. It's just a whole list of it. One of the things you might want to look at...
[08:22.960 --> 08:26.880]  No, I don't really want to beat him up about this. I don't want to get him...
[08:26.880 --> 08:28.000]  John Ligato You mean you don't
[08:28.000 --> 08:30.720]  want to pick this fight? You don't have...
[08:30.720 --> 08:34.000]  John Ligato I want to dig in the part about the
[08:34.000 --> 08:34.720]  following the money.
[08:34.720 --> 08:36.640]  John Ligato That's what I'm talking about.
[08:37.120 --> 08:41.520]  I don't really care too much about making life difficult for him.
[08:41.520 --> 08:44.000]  John Ligato No, that wasn't it. There's one you want.
[08:46.160 --> 08:54.640]  The one where they were to report to the state the funding that they've collected
[08:54.640 --> 08:57.440]  and the amounts they have tendered to the state.
[08:57.440 --> 09:00.400]  John Ligato Yeah. I don't want to ask them for that
[09:00.400 --> 09:07.040]  yet, though, because that tips my hand. I don't want to go ahead and tell them
[09:08.240 --> 09:13.920]  I'm going to watch the money going to the state and compare. I just want to see...
[09:13.920 --> 09:19.360]  So I found my notes on this. Number three item that I want is records that would show
[09:19.360 --> 09:26.880]  the enforcement intent, especially how exactly they plan to find out about who doesn't have
[09:26.880 --> 09:30.720]  any insurance. Because if they're going to respect everybody's constitutional rights
[09:30.720 --> 09:37.120]  and not go doing any... Everybody has a right to be secure in their person, papers, and effects.
[09:37.120 --> 09:45.920]  And if they're going to somehow dig around and find out about insurance or no insurance,
[09:48.720 --> 09:54.560]  that seems to me like they're making an unreasonable search.
[09:54.960 --> 10:01.600]  That's in the public record, though. When they ask me for proof of insurance,
[10:01.600 --> 10:06.160]  I tell them, ah, go look it up. Yeah, I got around here somewhere.
[10:06.160 --> 10:08.080]  John Ligato Well, that's the other way around.
[10:08.640 --> 10:13.920]  If they find it, then that's a public record. But if they don't find it, that is not a crime.
[10:15.760 --> 10:23.600]  They don't have any reason to suspect that you're more guilty than innocent.
[10:24.560 --> 10:30.320]  Because you could be somebody who doesn't own that car, and you have the non-owner car insurance,
[10:31.680 --> 10:37.600]  or some other kind of way that you are covered, or that you have the financial responsibility.
[10:37.600 --> 10:40.640]  There's no reason for them to expect that you don't have it.
[10:40.640 --> 10:43.360]  Robert Ligato If they check the state record,
[10:44.000 --> 10:54.000]  they have all vehicle insurance is required by the state for the insurance companies to report it
[10:54.000 --> 10:58.160]  to the state, and they put it in their database. So if they don't find insurance in their database,
[10:58.160 --> 11:02.560]  then they have reason to believe and do believe there is no insurance on this vehicle.
[11:03.600 --> 11:09.840]  And if it's being driven on the public roadways, then they have reason to believe that it's being
[11:10.560 --> 11:12.160]  driven without insurance.
[11:12.160 --> 11:16.960]  John Ligato No, I disagree. If they find
[11:18.640 --> 11:23.520]  a positive match, if they see that it does have insurance, then they can rule that out.
[11:23.520 --> 11:30.160]  But if they don't find anything, that doesn't rule it out. Because what you're saying is true as far as
[11:30.880 --> 11:38.320]  vehicles. But it does not cover the edge case of people who are
[11:40.400 --> 11:47.200]  insured personally and don't own a car. Maybe their car is in a trust, or maybe they
[11:48.080 --> 11:54.960]  drive a car from work and they're required to have their own insurance, but the work one is not
[11:54.960 --> 11:59.600]  covering it that way. So for whatever reason, they don't find a match, that's not a
[12:01.120 --> 12:01.600]  insurance.
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[14:19.440 --> 14:35.440]  Okay, we're back. Randy Kelton, Brett Fountainwood, Radio, and the phone lines are up and on. If you
[14:35.440 --> 14:43.440]  have a question or comment, give us a call, a call in number 512-646-1984. And when we went out,
[14:43.440 --> 14:50.560]  we were talking about auto insurance and probable cause related to auto insurance.
[14:51.280 --> 14:58.080]  Yeah. So I'm saying if, let's say that they, let's turn it around and have them look for
[14:58.080 --> 15:03.680]  something different. Let's look at registration. If they go and they look in their database
[15:04.640 --> 15:11.360]  and they see that your registration is expired, it absolutely is expired. There's no possibility
[15:11.360 --> 15:16.480]  that you got some other alternate registration somewhere and they just don't have a record of
[15:16.480 --> 15:23.680]  it. It's expired. But that's not the same situation with insurance. With insurance,
[15:24.560 --> 15:30.560]  they have to ask you for it if they can't find it. They can't give you a ticket for it if they
[15:30.560 --> 15:37.520]  can't find it because they have to ask you for it. That's right there in the code. They cannot
[15:37.520 --> 15:43.280]  give you a ticket for it. If they looked in their system and didn't find it, that's not enough.
[15:45.360 --> 15:56.720]  So my dad is a prime example of this. He does not own a car or truck,
[15:56.720 --> 16:00.720]  but when he drives one, they think he doesn't have any insurance.
[16:01.280 --> 16:07.040]  And then they talk to him. He shows him what he's got and they're good.
[16:09.040 --> 16:16.000]  Well, so how do they plan? I'm wanting to know how does this little town plan on enforcing
[16:17.200 --> 16:23.600]  this so-called new law without violating people's right to be secure in their person,
[16:23.600 --> 16:28.080]  papers, and effects? All right, so then go ahead.
[16:28.080 --> 16:36.000]  It's a matter of what the courts will construe to be reasonable probable cause to believe.
[16:37.520 --> 16:45.680]  If the insurance on a motor vehicle is required to be reported to the Department of Public Safety
[16:46.720 --> 16:52.480]  and a police officer checks the Department of Public Safety's database and doesn't find it
[16:53.360 --> 16:59.920]  You're skipping something. You just shifted to a different track. It's not just about whether
[16:59.920 --> 17:05.520]  there is insurance. You're talking about, is there insurance for that vehicle?
[17:08.240 --> 17:12.320]  And some insurance isn't set up that way. Some of it's set up by the driver.
[17:12.800 --> 17:17.600]  I understand that, but we're going to probable cause. If he doesn't find it,
[17:19.920 --> 17:26.560]  because the officer, even if he's aware that there are other possibilities,
[17:27.680 --> 17:34.880]  does the fact that it is not in the database give him probable cause to investigate further?
[17:34.880 --> 17:44.640]  No. Number one, that's over in subtitle D where he has no arrest authority.
[17:46.720 --> 17:53.840]  Number two, even if he doesn't know that and he's like accidentally arresting people that he has
[17:53.840 --> 18:02.800]  no authority to arrest, still it says in 601, it says that he cannot give a ticket for that.
[18:02.800 --> 18:10.400]  So unless he has verified with the person, not just if he looks into his system and doesn't find
[18:10.400 --> 18:17.920]  it. I think it's pretty clearly laid out. The legislative intent is that that's not probable
[18:17.920 --> 18:24.880]  cause. It's like trying to prove a negative. So you're thinking about this guy sees a car
[18:24.880 --> 18:32.000]  parked in town and he runs a check on it and it doesn't show insurance. So
[18:34.480 --> 18:41.120]  just because it's parked on a public thoroughfare doesn't mean somebody didn't drop it off with a
[18:42.400 --> 18:54.640]  tow truck. Is there a way this can be parked here and not have been driven here in violation
[18:54.640 --> 19:01.920]  law without insurance? Then he would not have probable cause. If he rides the ticket,
[19:01.920 --> 19:05.840]  then he doesn't have probable cause. I see where you're going.
[19:10.400 --> 19:18.400]  But if it's being driven and that's okay, the sign said if your
[19:19.200 --> 19:22.240]  vehicles in the city limits without insurance, it'll be towed.
[19:24.640 --> 19:28.880]  They didn't say anything about city limits. They just put the sign up at the city limit line.
[19:30.160 --> 19:35.680]  Oh, okay. And what did it say again? No insurance equals vehicle towed.
[19:36.480 --> 19:40.960]  Oh, okay. So it says new law.
[19:43.360 --> 19:47.360]  All right. So then item number four that I want to ask for in the records request.
[19:48.400 --> 19:55.520]  Is I want all of their internal communications or instruction or training regarding the enforcement
[19:55.520 --> 20:02.320]  of this new law. Hey, you guys go out there and beat the bushes. I want you to go and get everybody
[20:02.320 --> 20:07.840]  you can for this, especially let's do this in the second half of September. I really want to see
[20:07.840 --> 20:15.600]  those towing numbers go up. All of that communication. I want to see it at number five,
[20:15.600 --> 20:21.040]  something showing where every penny of the money goes when someone pays to get their car or their
[20:21.040 --> 20:31.120]  truck out of an impound lot. Yeah, because they always ask for insurance. The impound lot does.
[20:31.120 --> 20:38.960]  They don't have any standing for that, but they'll pretend they cannot give it to you if you don't
[20:38.960 --> 20:44.720]  show insurance. Well, never know. It might be their policy.
[20:46.800 --> 20:50.000]  Yeah. And you know what they, I think they can do with their policy.
[20:50.000 --> 21:07.760]  Well, looking up Texas insurance, Texas auto insurance law tow vehicle.
[21:12.160 --> 21:19.760]  See if they can Texas auto insurance law tow vehicle in Texas tow truck operators are required
[21:19.760 --> 21:27.840]  by law to carry specific insurance. I read that wrong. I'll have to search. He wants to do tow
[21:27.840 --> 21:38.800]  trucks. Okay. I don't know. That one's difficult. I would guess that they're at least going to claim
[21:40.000 --> 21:45.360]  that not finding it in the database is due process, is not a violation of due process,
[21:45.360 --> 21:50.880]  but a probable cause to believe to give them grounds to investigate,
[21:52.240 --> 21:57.440]  not to arrest, not to cite, but to investigate. Well, as soon as they hit those red and blues,
[21:57.440 --> 22:03.440]  they pull you over. They seize you at your liberty. That's an arrest according to a CSV state.
[22:04.320 --> 22:08.400]  That's the way I've always looked at it. When those lights come on, I'm under arrest.
[22:09.760 --> 22:14.960]  Yeah. You are not free to go. Exactly. I have reason to believe and do believe
[22:15.520 --> 22:21.280]  that if I do not pull over immediately, he is likely to use force or deadly force.
[22:22.640 --> 22:27.440]  He will do whatever is required to make sure I stop, even if it means killing me,
[22:29.440 --> 22:33.200]  to watch them. The police chase is on TV. They do that all the time.
[22:34.880 --> 22:38.480]  So when the lights come on, my life has just been threatened.
[22:38.480 --> 22:41.440]  You better have a good reason.
[22:44.080 --> 22:48.240]  It better not be anything silly about paperwork that you think I don't have,
[22:48.800 --> 22:54.480]  and you just wanted to check and see. By the way, paperwork that you're not even allowed to enforce.
[22:55.280 --> 23:00.160]  By the way, it's for a regulated activity you don't even know how to recognize,
[23:00.160 --> 23:04.000]  because you haven't been to the training, because your municipality is not even
[23:04.080 --> 23:10.080]  eligible to send its officers to the training. They're also not authorized to enforce
[23:10.720 --> 23:18.000]  that portion of the transportation code. They can only enforce section C, which goes to
[23:18.000 --> 23:25.680]  moving violations. They can't enforce A and B. Only DPS can do that.
[23:26.240 --> 23:29.040]  Well, they would have known that if they'd been to the special training that they're not
[23:30.000 --> 23:31.200]  eligible to go to.
[23:36.640 --> 23:42.960]  Okay. Well, I'm working on a way to give them reason to pay attention to the law.
[23:44.800 --> 23:49.920]  Right now, they're not. And I'm in the process of building some tools.
[23:51.280 --> 23:55.360]  I've wanted to do this for a long time, to automate the process.
[23:55.360 --> 24:05.680]  You know, I had Dr. Joe was arrested and couldn't find him for four days. So I went down to Tarrant
[24:05.680 --> 24:09.600]  County and tried to file a habeas corpus, and the judge threw me out of the courtroom.
[24:11.680 --> 24:14.880]  So I went and filed criminal charges against the judge, and then went to another judge,
[24:15.680 --> 24:22.160]  and the bailiffs blocked me from the courtroom. So next week, I come in and go to another judge,
[24:22.880 --> 24:31.280]  and the bailiffs blocked me again. And one of the bailiffs, the head bailiff, came in when they were
[24:31.280 --> 24:38.080]  blocking me. And I told him, you can't be here. You need to get out of here. I'm here to file
[24:38.080 --> 24:46.640]  criminal charges against you. And he still allowed his subordinates to block me from the courtroom.
[24:46.640 --> 24:56.080]  So, we're about to go to our sponsors here, but when we come back on the other side,
[24:56.080 --> 24:59.440]  I'd like to highlight something that's going on with your situation there.
[25:02.240 --> 25:06.240]  Businesses ask you for a lot of personal information, and you may trust them to keep
[25:06.240 --> 25:11.200]  it safe. But it turns out that even the most trusted companies may be unwittingly revealing
[25:11.200 --> 25:15.200]  your secrets. I'm Dr. Catherine Albrecht, and I'll be right back with details.
[25:16.160 --> 25:21.760]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[25:21.760 --> 25:26.560]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[25:26.560 --> 25:32.720]  So protect your rights, say no to surveillance, and keep your information to yourself. Privacy,
[25:32.720 --> 25:37.920]  it's worth hanging on to. This public service announcement is brought to you by Startpage.com,
[25:37.920 --> 25:43.920]  the private search engine alternative to Google, Yahoo, and Bing. Start over with Startpage.
[25:45.760 --> 25:50.880]  Data privacy is a big deal, so nearly every company has a policy explaining how they handle
[25:50.880 --> 25:56.560]  your personal information. But what happens if it escapes their control? It's not an idle question.
[25:56.560 --> 26:02.560]  According to a recent survey, a shocking 90% of US companies admit their security was breached
[26:02.560 --> 26:08.640]  by hackers in the last year. That's one more reason you should trust your searches to Startpage.com.
[26:08.640 --> 26:13.920]  Unlike other search engines, Startpage doesn't store any data on you. They've never been hacked,
[26:13.920 --> 26:18.720]  but even if they were, there would be nothing for criminals to see. The cupboard would be bare.
[26:18.720 --> 26:21.680]  Too bad other companies don't treat your data the same way.
[26:22.320 --> 26:26.800]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[26:44.080 --> 26:50.000]  Although the official explanation is that fire brought down Building 7. Over 1,200 architects
[26:50.000 --> 26:54.400]  and engineers have looked into the evidence and believe there is more to the story. Bring justice
[26:54.400 --> 27:00.560]  to my son, my uncle, my nephew, my son. Go to buildingwhat.org. Why it fell, why it matters,
[27:00.560 --> 27:06.880]  and what you can do. Rule of Law Radio is proud to offer the Rule of Law traffic seminar. In today's
[27:06.880 --> 27:10.640]  America, we live in an us-against-them society, and if we the people are ever going to have a free
[27:10.640 --> 27:14.800]  society, then we're going to have to stand and defend our own rights. Among those rights are
[27:14.800 --> 27:18.400]  the right to travel freely from place to place, the right to act in our own private capacity,
[27:18.400 --> 27:22.960]  and most importantly, the right to due process of law. Traffic courts afford us the least expensive
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[28:09.040 --> 28:18.160]  Yeah, Mr. Officer, you're taking the law in the hand.
[28:20.800 --> 28:29.120]  Won't you follow the law of the land? I don't understand. Your job is to protect and to serve,
[28:29.760 --> 28:30.760]  and,
[28:30.760 --> 28:31.800]  to be,
[28:31.800 --> 28:32.460]  an
[28:32.460 --> 28:33.140]  abuse.
[28:33.140 --> 28:33.640]  Officer?
[28:35.640 --> 28:38.140]  When you're gonna stop abuse,
[28:38.140 --> 28:40.140]  you're power.
[28:41.640 --> 28:43.640]  When you're gonna stop abuse,
[28:43.640 --> 28:45.640]  you're power.
[28:47.660 --> 28:49.660]  When you're gonna stop abuse,
[28:49.660 --> 28:51.660]  you're power.
[28:52.300 --> 28:54.300]  When you're gonna stop abuse,
[28:54.300 --> 28:56.300]  you're power.
[28:57.300 --> 28:58.000]  So please, Mr
[28:58.000 --> 29:08.440]  All right, welcome back to the rule of law radio, Randy Kelton, I'm Brett Fountain.
[29:08.440 --> 29:17.920]  And when we went out, Randy, you were telling us just about this story of how you're trying
[29:17.920 --> 29:19.440]  to get this habeas and everything.
[29:19.440 --> 29:27.960]  And I wanted to just highlight for our listeners, everybody should notice that once Ebi, he
[29:27.960 --> 29:33.240]  just said that he couldn't find Joe for four days.
[29:33.240 --> 29:39.120]  And I want you to notice that even after the four days were up, after he found Joe, it's
[29:39.120 --> 29:46.840]  no longer about trying to get a habeas filed to get Joe or figure out what's going on.
[29:46.840 --> 29:48.360]  It's not about that anymore.
[29:48.360 --> 29:54.160]  Now it has escalated and it is about their lawlessness and the way that they reacted
[29:54.160 --> 29:55.920]  to the habeas.
[29:55.920 --> 29:58.920]  Now it's about them doing other crimes in addition.
[29:58.920 --> 30:03.360]  It's not just about, oh, well, now it's fine.
[30:03.360 --> 30:06.120]  They decided to stop being lawless, so I'm going to back off.
[30:06.120 --> 30:08.000]  Hey, hey, hey, hey, hey.
[30:08.000 --> 30:09.040]  Okay, okay, okay.
[30:09.040 --> 30:14.680]  I know I didn't stop at that stop sign, but I'll stop next time.
[30:14.680 --> 30:17.720]  All right.
[30:17.720 --> 30:20.320]  That's kind of what we're looking at.
[30:20.320 --> 30:27.120]  And I notice a lot of people are there as soon as they get the first issue is kind of
[30:27.120 --> 30:30.520]  calmed down, then they stop holding everybody accountable.
[30:30.520 --> 30:34.020]  And I'm saying that's not what we need to do.
[30:34.020 --> 30:38.440]  We need to hold them accountable for all the crimes they committed in the process, not
[30:38.440 --> 30:40.760]  just the first part.
[30:41.760 --> 30:50.880]  So from what I'm doing, I go down with my first complaint and I got this rule, never
[30:50.880 --> 30:57.520]  ask a public official to do anything you actually want them to do because I'm going to go down
[30:57.520 --> 30:59.920]  there and ask them to do something they don't want to do.
[30:59.920 --> 31:10.040]  I call 911 and the very pleasant, very professional female deputy showed up and she handled herself
[31:10.040 --> 31:11.040]  very well.
[31:11.040 --> 31:17.760]  She handled me very well, and I'd like to be handled well.
[31:17.760 --> 31:25.440]  And I give her this criminal complaint against the judge for not acting on my habeas, for
[31:25.440 --> 31:31.400]  denying it for lack of form, and I cited 11.03 that says habeas shall not be denied for lack
[31:31.400 --> 31:35.360]  of form, and ask her what she's going to do with it.
[31:35.360 --> 31:38.160]  Well, I have to give it to my superiors.
[31:38.280 --> 31:45.640]  Okay, since you had to follow policy and give it to her superiors, okay, well, you can do
[31:45.640 --> 31:54.000]  that, but since I'm a citizen and a republic, I'm going to ask, could you follow my law?
[31:54.000 --> 32:00.880]  I can do whatever you want to with your policy, but to the degree that your policy is at odds
[32:00.880 --> 32:07.240]  with my law, you can use your policy for toilet paper.
[32:07.320 --> 32:15.120]  I'm going to expect you to notice me of the magistrate to whom you give notice of crime
[32:15.120 --> 32:18.960]  in accordance with Article 2.13, Texas Code of Criminal Procedure.
[32:18.960 --> 32:25.240]  If I don't receive that, then I'll have reason to believe, and I will believe, that you did
[32:25.240 --> 32:32.760]  not give that to some magistrate, and then you'll be on my hook.
[32:32.760 --> 32:35.640]  But don't worry, I'm not after you.
[32:36.040 --> 32:39.520]  I'm after much, much bigger fish than you guys.
[32:39.520 --> 32:45.840]  I'm going to take all you guys to the feds, and I'm really after the U.S. attorney.
[32:45.840 --> 32:52.360]  Because when I file federal claims against everybody in the county for participating
[32:52.360 --> 32:58.240]  in ongoing criminal enterprise, the U.S. attorney is going to get that, and he's going to block
[32:58.240 --> 33:01.840]  it from the grand jury, and he's going to throw it in the trash.
[33:01.840 --> 33:03.000]  Then I get to go for him.
[33:03.000 --> 33:04.000]  So that's what I'm really after.
[33:04.360 --> 33:05.360]  So don't worry about it.
[33:05.360 --> 33:06.360]  I'm not after you guys.
[33:06.360 --> 33:12.800]  I just want to give you guys the opportunity to screw up everything, so that when I get
[33:12.800 --> 33:17.080]  to the feds, I can show that we don't have any remedy in the state.
[33:17.080 --> 33:20.680]  That's all been co-opted by the police department.
[33:20.680 --> 33:27.240]  And then when I give that to the U.S. attorney, he's not going to want to go after the state,
[33:27.240 --> 33:31.560]  so he will accommodate me and block my criminal complaint from the grand jury.
[33:31.560 --> 33:34.600]  Then I can go after him for that.
[33:34.600 --> 33:39.320]  And she's standing here listening to me, and I know she's thinking, this guy don't care
[33:39.320 --> 33:40.720]  about me.
[33:40.720 --> 33:43.320]  He's using me for a crash dummy.
[33:43.320 --> 33:44.600]  That's exactly what I told her.
[33:44.600 --> 33:47.900]  So I'm just using you guys as a crash dummy.
[33:47.900 --> 33:54.760]  How do you deal with someone who doesn't care about you?
[33:54.760 --> 33:57.760]  You're not important enough for me to even matter.
[33:57.960 --> 34:03.720]  You're just a stepping stone that I have to use to get to the guys I want.
[34:03.720 --> 34:05.280]  So you can't reason with me.
[34:05.280 --> 34:08.640]  You can't negotiate with me.
[34:08.640 --> 34:12.080]  You got no chips.
[34:12.080 --> 34:13.080]  That's what I want them to feel.
[34:13.080 --> 34:22.680]  I want them to feel absolutely helpless before a citizen in a republic.
[34:22.680 --> 34:26.400]  And that is the only difference between the two of us.
[34:26.400 --> 34:28.480]  You're the public servant.
[34:28.480 --> 34:31.800]  I'm the master of the servant.
[34:31.800 --> 34:40.480]  If I can get one or two percent of you folks out there listening to understand that part,
[34:40.480 --> 34:43.840]  we are the masters of the servants.
[34:43.840 --> 34:51.200]  When we start acting like it, most of these problems we've been complaining about, they
[34:51.200 --> 34:54.640]  will simply go away.
[34:54.640 --> 34:59.560]  Oh, I need some volunteers for Houston.
[34:59.560 --> 35:03.440]  There's this judge, Judge Fleischer.
[35:03.440 --> 35:08.920]  He gets on the internet, he's videotaping his hearings and he's posting them on the
[35:08.920 --> 35:09.920]  internet.
[35:09.920 --> 35:17.320]  And he wears these Captain Kangaroo outfits, blue suits with yellow flowers and a yellow
[35:17.320 --> 35:20.600]  bow tie.
[35:20.600 --> 35:22.540]  I thought I wouldn't vomit.
[35:22.580 --> 35:25.500]  That was really, really ugly.
[35:25.500 --> 35:28.940]  And he's got the ugliest suits you can imagine.
[35:28.940 --> 35:36.740]  And from, I go back to NLP, everything, I consider everything somebody does as a statement
[35:36.740 --> 35:38.620]  to themselves about themselves.
[35:38.620 --> 35:52.740]  So what is he saying by wearing these outrageous suits and bow ties sitting on the bench?
[35:52.740 --> 35:56.700]  That is so incongruous.
[35:56.700 --> 35:58.980]  So what statement is he making?
[35:58.980 --> 36:04.700]  When I look at it, I'm thinking, and he posts his videos on the internet, I'm thinking he's
[36:04.700 --> 36:10.300]  saying, hey, look at me, look at me, pay attention to me, notice me.
[36:10.300 --> 36:13.060]  Because he looks like a little Walter Mitty kind of guy.
[36:13.060 --> 36:21.260]  I can't tell how tall he is, but I'm going to guess him to be 5'4", 5'6", 140, 150 pounds
[36:21.260 --> 36:22.260]  max.
[36:22.260 --> 36:24.460]  He's a little guy.
[36:24.460 --> 36:29.940]  And grew up not being noticed, so he wants to be noticed.
[36:30.340 --> 36:38.740]  I want to get a bunch of us to go down when he has a probable cause hearing scheduled.
[36:38.740 --> 36:41.660]  And we're going to watch the probable cause hearings, and when they're done, I'm going
[36:41.660 --> 36:48.540]  to go up and instruct the bailiff that I need you to arrest this judge.
[36:48.540 --> 36:54.180]  First, I'm going to tell him I have business with the court.
[36:54.180 --> 36:58.340]  We ask the nature of the court, so I need the bailiff, Mr. Bailiff, I need you to arrest
[36:58.340 --> 37:02.380]  this judge.
[37:02.380 --> 37:05.540]  I just want to get his attention.
[37:05.540 --> 37:08.300]  And then I'll explain why.
[37:08.300 --> 37:13.460]  And then tell him, look, what I want you to do, you're the only judge I can find who's
[37:13.460 --> 37:19.380]  actually doing probable cause determinations, and I appreciate that, but you're not doing
[37:19.380 --> 37:20.380]  it right.
[37:20.380 --> 37:24.780]  You're missing the most important point, and I want you to do it right.
[37:24.820 --> 37:31.460]  I want you to look at chapter 16 and do these probable cause determinations precisely in
[37:31.460 --> 37:34.420]  accordance with chapter 16.
[37:34.420 --> 37:35.700]  I want you to do that.
[37:35.700 --> 37:42.340]  I want you to pay attention to how it works, to see if it works as well as what you're
[37:42.340 --> 37:43.340]  doing.
[37:43.340 --> 37:51.220]  But then I want you to come with me when I sue the president and explain to the president
[37:51.220 --> 37:58.380]  how due process works and that it works well and it gets good outcomes.
[37:58.380 --> 38:01.460]  I think this guy will like that idea.
[38:01.460 --> 38:09.620]  And if we can get a judge to testify, even before the Texas Senate Subcommittee on Criminal
[38:09.620 --> 38:18.820]  Justice, that he's doing proper probable cause determinations and it works well, it makes
[38:18.980 --> 38:21.860]  people feel like they're being listened to.
[38:21.860 --> 38:25.020]  That's the main thing I'm after.
[38:25.020 --> 38:26.500]  Get him to go down there and proceed.
[38:26.500 --> 38:34.460]  They won't listen to me or Brett or anybody else who's just a two bit chump citizen, but
[38:34.460 --> 38:37.100]  they'll listen to a judge.
[38:37.100 --> 38:38.780]  I think I can call him in to do it.
[38:38.780 --> 38:40.220]  At least that's my plan.
[38:40.220 --> 38:47.580]  If I can't, then I'll sue the snot out of him and see how that works for him.
[38:48.060 --> 38:49.060]  I do have a plan.
[38:49.060 --> 38:57.700]  I'm going to file with every judge in Tarrant County, criminal complaints against public
[38:57.700 --> 38:58.700]  officials.
[38:58.700 --> 39:01.060]  Hang on, Randy Kelton, Brett Feldman.
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[40:02.080 --> 40:06.600]  Are you wondering what this world is coming to and why God isn't stopping it?
[40:06.640 --> 40:12.320]  Then tune in to logosradionetwork.com on Wednesdays from 8 to 10 p.m. Central Time for scripture
[40:12.320 --> 40:17.640]  talk where Nana and guests study God's word to find these answers and more.
[40:17.640 --> 40:22.720]  Join us for both verse by verse Bible studies and topical Bible studies designed to explain
[40:22.720 --> 40:27.200]  God's plan as well as to provoke unto love and good works.
[40:27.200 --> 40:30.040]  Our first hour studies are in the book of Matthew.
[40:30.040 --> 40:35.160]  Our second hour topics vary each week exploring sound doctrine as well as Christian character
[40:35.200 --> 40:36.680]  development.
[40:36.680 --> 40:39.880]  Our goal is in accord with Matthew 5-16.
[40:39.880 --> 40:44.600]  Let your light so shine before men that they may see your good works and glorify your Father
[40:44.600 --> 40:46.240]  which is in heaven.
[40:46.240 --> 40:50.400]  We wish to reflect God's light and to be a blessing to all those who have a hearing
[40:50.400 --> 40:51.400]  ear.
[40:51.400 --> 40:58.400]  So tune in to scripture talk live on logosradionetwork.com Wednesdays from 8 to 10 p.m. for an inspiring
[40:58.400 --> 41:00.440]  and motivating study of the scriptures.
[41:05.160 --> 41:20.800]  If you did not have any problems, where are you going to look for one?
[41:20.800 --> 41:25.800]  If you could not wage any battle, would your purpose has to be done?
[41:25.800 --> 41:31.800]  Such a staff man, a soldier, a warrior of love, scaffolding to keep the peace.
[41:32.440 --> 41:37.440]  All they're taking is a misunderstanding and somebody calls the police.
[41:37.440 --> 41:39.440]  We're watching the sparks fly.
[41:43.440 --> 41:45.440]  We're watching the sparks fly.
[41:49.440 --> 41:51.440]  We're watching the sparks fly.
[41:55.440 --> 41:57.440]  We're watching the sparks fly.
[42:02.440 --> 42:04.440]  The friction is an addiction.
[42:04.440 --> 42:07.440]  The hard work can leave you cold as nails.
[42:07.440 --> 42:10.440]  It's been hostility towards tranquility.
[42:10.440 --> 42:13.440]  Heavy loads are taping on scales.
[42:13.440 --> 42:16.440]  The time is colliding with the conflict.
[42:16.440 --> 42:19.440]  You find out after a while.
[42:19.440 --> 42:21.440]  It's not your moral standard.
[42:21.440 --> 42:24.440]  It's your patience that's on trial.
[42:24.440 --> 42:26.440]  We're watching the sparks fly.
[42:27.080 --> 42:29.080]  We're watching the sparks fly.
[42:34.080 --> 42:36.080]  Okay, we are back.
[42:36.080 --> 42:38.080]  Randy Kelton and Brett Fountain.
[42:38.080 --> 42:42.080]  I was kind of telling a little story off the air that I should tell on the air.
[42:42.080 --> 42:48.080]  But I want to go down and get this Judge Fleischer.
[42:48.080 --> 42:50.080]  I want to sit in his courtroom.
[42:50.080 --> 42:53.080]  And Brett mentioned, you know, if we go sit in there, they're going to want to know what we're doing.
[42:53.080 --> 42:55.080]  Yeah, they are.
[42:55.720 --> 42:57.720]  I was in Fort Worth.
[42:57.720 --> 43:00.720]  I was at the city of Fort Worth jail.
[43:00.720 --> 43:03.720]  They've got about an eight or ten storey building there.
[43:03.720 --> 43:07.720]  And I'm in there bailing out my ignorant brother-in-law.
[43:07.720 --> 43:10.720]  And I'm waiting for him to get in.
[43:10.720 --> 43:13.720]  So they had a courtroom there and they're having hearings.
[43:13.720 --> 43:17.720]  So I went in and sat down and watched the bailiff come over.
[43:17.720 --> 43:22.720]  Anytime you walked in one of these courts, they want you to sign in.
[43:23.360 --> 43:28.360]  And he brought this page over with all the signatures on it.
[43:28.360 --> 43:30.360]  And he said, you need to sign in.
[43:30.360 --> 43:33.360]  I said, no, no, no, I don't need to.
[43:33.360 --> 43:38.360]  And that annoyed him because he's used to people doing exactly what he says.
[43:38.360 --> 43:42.360]  And he said, ask me what my name was.
[43:42.360 --> 43:45.360]  I said, none of your business, beat it.
[43:45.360 --> 43:52.360]  So he got a little annoyed with me and told me if I didn't identify myself, I was going to have to leave the courtroom.
[43:53.000 --> 44:00.000]  So I stood up in the courtroom and hollered out, Your Honor, the judge is up there having a hearing.
[44:00.000 --> 44:02.000]  And he's kind of startled and looks out.
[44:02.000 --> 44:04.000]  He said, what's going on here?
[44:04.000 --> 44:08.000]  I said, Your Honor, will you pull this bulldog off of me?
[44:08.000 --> 44:11.000]  He said, this guy's bald headed.
[44:11.000 --> 44:14.000]  And the bailiff was and his head turned bright red.
[44:14.000 --> 44:17.000]  And the judge says, what's going on here?
[44:17.640 --> 44:24.640]  And the bailiff said, Your Honor, this man won't identify himself and he won't tell me what his business here is today.
[44:24.640 --> 44:28.640]  And the judge said, sir, is that true?
[44:28.640 --> 44:29.640]  Yeah.
[44:29.640 --> 44:34.640]  He said, do you mind if I ask who you are?
[44:34.640 --> 44:36.640]  So I don't mind.
[44:36.640 --> 44:38.640]  Well, who are you?
[44:38.640 --> 44:41.640]  I said, well, I'm Randy Kelton.
[44:42.280 --> 44:47.280]  Oh, do you mind if I ask what business you have here today?
[44:47.280 --> 44:49.280]  Oh, no, no, I don't mind.
[44:49.280 --> 44:52.280]  But he got it. He was sharp. He got it.
[44:52.280 --> 44:54.280]  I didn't mind if he asked.
[44:54.280 --> 44:56.280]  I didn't automatically answer.
[44:56.280 --> 45:01.280]  So he said, well, sir, what business do you have in this courtroom?
[45:01.280 --> 45:04.280]  Oh, entertainment.
[45:04.280 --> 45:06.280]  He said, entertainment?
[45:06.280 --> 45:08.280]  Yes, Your Honor, I'm here for entertainment.
[45:08.920 --> 45:15.920]  And the judge looked at me a minute and he said, oh, okay, bailiff, leave him alone.
[45:15.920 --> 45:19.920]  And the bailiff went away and left me alone.
[45:19.920 --> 45:21.920]  We can do that.
[45:21.920 --> 45:27.920]  We need to realize we are citizens in a republic.
[45:27.920 --> 45:31.920]  They are our public servants.
[45:31.920 --> 45:35.920]  We need to remind them they are our public servants.
[45:36.560 --> 45:39.560]  I tell them what they are to do.
[45:39.560 --> 45:42.560]  They do what I tell them they are to do.
[45:42.560 --> 45:47.560]  But I only tell them to do what the law compels them to do.
[45:47.560 --> 45:50.560]  So when they don't do what the law compels them to do,
[45:50.560 --> 45:55.560]  then I go to another public official and ask him to arrest them.
[45:57.560 --> 46:02.560]  The most fun I've had in court is asking the bailiff to arrest the judge.
[46:03.200 --> 46:08.200]  You can do that because you're a citizen in a republic.
[46:09.200 --> 46:14.200]  And when you do that, it is so outrageous that the judge,
[46:14.200 --> 46:21.200]  if he has any sense at all, will take a giant step backwards and say,
[46:21.200 --> 46:28.200]  whoa, wait a minute, this is not the kind of stuff that happens every day.
[46:28.840 --> 46:34.840]  And they realize, they already know what their limitations are.
[46:34.840 --> 46:38.840]  And they recognize that you know what their limitations are.
[46:38.840 --> 46:41.840]  And they tend to get way more careful.
[46:41.840 --> 46:43.840]  They don't always get smart.
[46:43.840 --> 46:48.840]  But I don't wind up getting beat up and beaten under unconsciousness
[46:48.840 --> 46:51.840]  and throw it in jail anymore.
[46:51.840 --> 46:55.840]  And it's not because I'm nice to them or easy on them.
[46:56.480 --> 47:03.480]  It's because I take them to legal task first before they can do it to me.
[47:04.480 --> 47:07.480]  Once I've taken them to legal task,
[47:07.480 --> 47:12.480]  now everything they do will compromise them
[47:12.480 --> 47:17.480]  if it's not precisely in compliance with law.
[47:18.480 --> 47:23.480]  Brad, how many people do we need to do this to to get their attention?
[47:24.120 --> 47:25.120]  Not many.
[47:26.120 --> 47:27.120]  Not many.
[47:27.120 --> 47:30.120]  What I plan to do is, I went to Tarrant County
[47:30.120 --> 47:33.120]  and they did all their standard stupid song and dance.
[47:33.120 --> 47:36.120]  They'd let me jerk them around all over the place.
[47:37.120 --> 47:38.120]  I'd push their button.
[47:38.120 --> 47:41.120]  They'd do this stupid little dance for me,
[47:41.120 --> 47:44.120]  expecting me to get all excited and tell them what my rights are
[47:44.120 --> 47:47.120]  and all the standard pro se stuff.
[47:47.120 --> 47:50.120]  And I didn't do any of that stuff.
[47:50.760 --> 47:53.760]  And it didn't take them long to figure out
[47:53.760 --> 47:58.760]  that I was simply giving them opportunity to screw up.
[48:00.760 --> 48:05.760]  Knowing I was doing this, they couldn't help themselves.
[48:06.760 --> 48:12.760]  When I went into the court to file criminal charges against a judge,
[48:12.760 --> 48:15.760]  I went to invoke the judge's duty as a magistrate
[48:15.760 --> 48:18.760]  and his bailiffs blocked me.
[48:19.400 --> 48:22.400]  Somebody got a hold of the head bailiff and he came in.
[48:22.400 --> 48:24.400]  And I turned around to him.
[48:24.400 --> 48:27.400]  I said, what are you doing here?
[48:27.400 --> 48:30.400]  Well, I understand there's a disturbance.
[48:30.400 --> 48:31.400]  No disturbance.
[48:31.400 --> 48:34.400]  We're just doing business, but you don't need to be here.
[48:34.400 --> 48:37.400]  I'm here to file criminal charges against you.
[48:37.400 --> 48:40.400]  You need to be somewhere else.
[48:40.400 --> 48:43.400]  He didn't leave.
[48:43.400 --> 48:47.400]  I just embarrassed him in front of all his subordinates.
[48:47.400 --> 48:50.400]  And he just couldn't help himself.
[48:52.400 --> 48:53.400]  He acted stupid.
[48:53.400 --> 48:56.400]  He knew at the time he was acting stupid.
[48:56.400 --> 48:59.400]  So when he wouldn't leave, I sat down, took out my cell phone
[48:59.400 --> 49:01.400]  and turned it on.
[49:01.400 --> 49:04.400]  That's how I turned it off when I went to the courtroom.
[49:04.400 --> 49:06.400]  So I'm waiting for it to come up.
[49:06.400 --> 49:11.400]  And just as it come up, I start to dial in this court bailiff said,
[49:11.400 --> 49:13.400]  you can't use a cell phone in here.
[49:13.400 --> 49:16.400]  And I looked up and said, yes, I can.
[49:17.400 --> 49:18.400]  I start to dial.
[49:18.400 --> 49:20.400]  I said, you're going to have to take that outside.
[49:20.400 --> 49:21.400]  No, I won't.
[49:21.400 --> 49:24.400]  Are you going to interfere with the 911 call?
[49:24.400 --> 49:28.400]  And the sergeant said, just leave him alone.
[49:28.400 --> 49:30.400]  He stopped him.
[49:30.400 --> 49:32.400]  Then I couldn't get a signal.
[49:32.400 --> 49:34.400]  That really sucked.
[49:34.400 --> 49:37.400]  I wanted to hear them.
[49:37.400 --> 49:39.400]  I wanted them to hear me.
[49:39.400 --> 49:41.400]  Them to hear you, yeah.
[49:41.400 --> 49:48.400]  Ask for a sheriff's deputy to come out and arrest the judge.
[49:48.400 --> 49:49.400]  Because I asked them.
[49:49.400 --> 49:52.400]  They said, you're going to have to leave the courtroom.
[49:52.400 --> 49:53.400]  Who says?
[49:53.400 --> 49:57.400]  The judge said, you're going to have to leave the courtroom.
[49:57.400 --> 49:58.400]  Perfect.
[49:58.400 --> 49:59.400]  That'll work.
[49:59.400 --> 50:00.400]  Oh, yeah.
[50:00.400 --> 50:03.400]  So I want them to come out and arrest the judge for first degree
[50:03.400 --> 50:06.400]  felony, aggravated assault.
[50:06.400 --> 50:07.400]  I'll swear out the complaint.
[50:07.400 --> 50:09.400]  I'll wait.
[50:09.400 --> 50:14.400]  Now, he knew what I was doing because I did it right in front of him when I was
[50:14.400 --> 50:17.400]  there the day before, or the week before.
[50:17.400 --> 50:19.400]  But they couldn't help themselves.
[50:19.400 --> 50:21.400]  They got this mental momentum.
[50:21.400 --> 50:24.400]  They're in this track and they can't get out of it.
[50:24.400 --> 50:32.400]  When I went, when Brett had this DPS guy after him, and I went down there,
[50:32.400 --> 50:38.400]  this sergeant said, you're just trying, you're from the media.
[50:38.400 --> 50:43.400]  You're just trying to get me to do something so you can sue me.
[50:43.400 --> 50:44.400]  Yeah.
[50:44.400 --> 50:47.400]  That's exactly what I'm doing.
[50:47.400 --> 50:50.400]  And so I said, do you have a bass boat?
[50:50.400 --> 50:51.400]  And he didn't say anything.
[50:51.400 --> 50:55.400]  So I turned to this little female sergeant who was standing there and I leaned
[50:55.400 --> 50:58.400]  over and I said, hey, does he have a bass boat?
[50:58.400 --> 51:00.400]  I really need a bass boat.
[51:00.400 --> 51:01.400]  And I turned back to him.
[51:01.400 --> 51:02.400]  Do you have a bass boat?
[51:02.400 --> 51:05.400]  No.
[51:05.400 --> 51:12.400]  So he knew in his head that I was there to set him up so I could sue him.
[51:12.400 --> 51:17.400]  But he could not stop himself.
[51:17.400 --> 51:19.400]  This is what we got.
[51:19.400 --> 51:21.400]  It's just amazing.
[51:21.400 --> 51:24.400]  So we need to start taking them on.
[51:24.400 --> 51:30.400]  I'm going to send a complaint to every municipal judge in Tarrant County.
[51:30.400 --> 51:33.400]  I've got enough complaints to spread them around.
[51:33.400 --> 51:36.400]  Each one of them gets one complaint.
[51:36.400 --> 51:41.400]  And when they don't send back my cover letter, noticing, or if I'm going to do
[51:41.400 --> 51:45.400]  it by email, if they don't email me back telling me when they issued the
[51:45.400 --> 51:54.400]  warrant, then I file against them with the justices of the peace under 15.09.
[51:54.400 --> 52:02.400]  And I suspect that the justices of the peace will not get the irony.
[52:02.400 --> 52:12.400]  I'm filing criminal charges against them under 15.09 for not issuing warrants
[52:12.400 --> 52:18.400]  when I filed criminal charges with these guys under 15.09.
[52:18.400 --> 52:22.400]  The last one I did that to did not get the irony.
[52:22.400 --> 52:25.400]  He read the complaint onto the record.
[52:25.400 --> 52:30.400]  This was Rome, Texas, and then refused to issue a warrant.
[52:30.400 --> 52:36.400]  And I had filed against the JP for not issuing a warrant against the sheriff.
[52:37.400 --> 52:43.400]  He knew exactly what I was doing, and he was a lawyer.
[52:43.400 --> 52:51.400]  He knew precisely what I was doing, but he just couldn't bring himself to do it
[52:51.400 --> 52:59.400]  right and lose face in front of all of these, his police officer buddies.
[52:59.400 --> 53:01.400]  That's what we got.
[53:02.400 --> 53:06.400]  He would have had to follow the law, and that would have been kind of an
[53:06.400 --> 53:11.400]  implicit confession to having never followed the law before in his entire life.
[53:11.400 --> 53:13.400]  Exactly.
[53:13.400 --> 53:19.400]  I don't know if it was so much about police buddies as he can't admit to himself
[53:19.400 --> 53:23.400]  even that he's been doing it wrong every day.
[53:23.400 --> 53:27.400]  My son-in-law is a JP, and I went through the code with him.
[53:27.400 --> 53:29.400]  He went to training.
[53:29.400 --> 53:32.400]  Does he follow code, or does he follow training?
[53:32.400 --> 53:34.400]  It's easy.
[53:34.400 --> 53:36.400]  He follows training.
[53:36.400 --> 53:40.400]  He can't bring himself to do what the law says.
[53:40.400 --> 53:42.400]  He's going to do what his buddies do.
[53:42.400 --> 53:46.400]  Randy Kelton, Brett Fountain, Wheel of the Rail Radio, our calling lines are open.
[53:46.400 --> 53:49.400]  512-646-1984.
[53:49.400 --> 53:51.400]  We'll be right there.
[53:51.400 --> 53:54.400]  The Bible remains the most popular book in the world.
[53:54.400 --> 53:58.400]  Yet countless readers are frustrated because they struggle to understand it.
[53:58.400 --> 54:02.400]  Some new translations try to help by simplifying the text,
[54:02.400 --> 54:06.400]  but in the process can compromise the profound meaning of the Scripture.
[54:06.400 --> 54:09.400]  Enter the recovery version.
[54:09.400 --> 54:13.400]  First, this new translation is extremely faithful and accurate,
[54:13.400 --> 54:18.400]  but the real story is the more than 9,000 explanatory footnotes.
[54:18.400 --> 54:22.400]  Difficult and profound passages are opened up in a marvelous way,
[54:22.400 --> 54:28.400]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[54:28.400 --> 54:33.400]  Bibles for America would like to give you a free recovery version simply for the asking.
[54:33.400 --> 54:44.400]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[54:44.400 --> 54:48.400]  or by ordering online at freestudybible.com.
[54:48.400 --> 54:51.400]  That's freestudybible.com.
[54:53.400 --> 55:00.400]  You're listening to the Logos Radio Network at logosradionetwork.com.
[55:02.400 --> 55:06.400]  The Bill of Rights contains the first ten amendments of our Constitution.
[55:06.400 --> 55:09.400]  They guarantee the specific freedoms Americans should know and protect.
[55:09.400 --> 55:11.400]  Our liberty depends on it.
[55:11.400 --> 55:17.400]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[55:17.400 --> 55:19.400]  Privacy is under attack.
[55:19.400 --> 55:23.400]  When you give up data about yourself, you'll never get it back again.
[55:23.400 --> 55:28.400]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[55:28.400 --> 55:33.400]  So protect your rights, say no to surveillance, and keep your information to yourself.
[55:33.400 --> 55:35.400]  Privacy, it's worth hanging on to.
[55:35.400 --> 55:39.400]  This public service announcement is brought to you by StartPage.com,
[55:39.400 --> 55:43.400]  the private search engine alternative to Google, Yahoo, and Bing.
[55:43.400 --> 55:46.400]  Start over with StartPage.
[55:46.400 --> 55:50.400]  Most people think of seven as a more civilized number than six.
[55:50.400 --> 55:55.400]  Think of how the number six is implicated in evil, as in the biblical 666.
[55:55.400 --> 55:59.400]  So it would fit right in that the Seventh Amendment would be about civil trials.
[55:59.400 --> 56:01.400]  Civil seven, civil trials, get it?
[56:01.400 --> 56:06.400]  Civil trials are ones where people sue instead of beating each other up over a dispute,
[56:06.400 --> 56:08.400]  like the dividing line between properties.
[56:08.400 --> 56:12.400]  They take their dispute to a courthouse and settle matters civilly without the fisticuffs.
[56:12.400 --> 56:17.400]  The Seventh Amendment guarantees that Americans have the right to a jury in certain civil matters
[56:17.400 --> 56:20.400]  instead of having a lone judge rule on the case.
[56:20.400 --> 56:25.400]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[56:32.400 --> 56:36.400]  The Bill of Rights contains the first ten amendments of our Constitution.
[56:36.400 --> 56:40.400]  They guarantee the specific freedoms Americans should know and protect.
[56:40.400 --> 56:42.400]  Our liberty depends on it.
[56:42.400 --> 56:45.400]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way
[56:45.400 --> 56:48.400]  to remember one of your constitutional rights.
[56:48.400 --> 56:50.400]  Privacy is under attack.
[56:50.400 --> 56:54.400]  When you give up data about yourself, you'll never get it back again.
[56:54.400 --> 56:58.400]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[56:58.400 --> 57:00.400]  So protect your rights.
[57:00.400 --> 57:04.400]  Say no to surveillance and keep your information to yourself.
[57:04.400 --> 57:06.400]  Privacy, it's worth hanging onto.
[57:06.400 --> 57:10.400]  This public service announcement is brought to you by StartPage.com,
[57:10.400 --> 57:14.400]  the private search engine alternative to Google, Yahoo, and Bing.
[57:14.400 --> 57:17.400]  Start over with StartPage.
[57:17.400 --> 57:23.400]  Remember the scene in George Orwell's novel, 1984, when Winston is threatened with his worst fear?
[57:23.400 --> 57:27.400]  That fear was having a cage of hungry rats unleashed on his face.
[57:27.400 --> 57:31.400]  But what if his worst fear was spiders? Eight-legged spiders, to be exact.
[57:31.400 --> 57:34.400]  Getting a face full of spiders would be pretty cruel and unusual.
[57:34.400 --> 57:38.400]  That image of eight-legged spiders will help you remember the Eighth Amendment.
[57:38.400 --> 57:41.400]  Our Founding Fathers added the Eighth Amendment to the U.S. Constitution
[57:41.400 --> 57:44.400]  to protect us from creepy-crawly eight-legged punishments
[57:44.400 --> 57:48.400]  and other cruel and unusual prison practices that were common in their day.
[57:48.400 --> 57:52.400]  The Eighth Amendment also prohibits the government from acquiring excessive bail
[57:52.400 --> 57:54.400]  and charging excessive fines.
[57:54.400 --> 57:59.400]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[58:04.400 --> 58:06.400]  Yeah!
[59:04.400 --> 59:17.400]  OK, we are back.
[59:17.400 --> 59:27.400]  Albrecht Fountain, rule of our radio, on this Thursday, the 9-11, 2025.
[59:27.400 --> 59:31.400]  And I'm talking about a plan.
[59:31.400 --> 59:35.400]  My ultimate plan is to open up the grand jury.
[59:35.400 --> 59:39.400]  But in order to get there, I need to use the...
[59:39.400 --> 59:46.400]  I need to be able to demonstrate to the feds that there is no legal remedy
[59:46.400 --> 59:55.400]  in the state of Texas to improper actions by public officials.
[59:55.400 --> 59:59.400]  And so how I do that is, as I start right at the bottom,
[59:59.400 --> 01:00:01.400]  we have 15.09.
[01:00:01.400 --> 01:00:03.400]  15.09 says, I want to complain.
[01:00:03.400 --> 01:00:06.400]  It's forwarded to a magistrate in accordance with 1508,
[01:00:06.400 --> 01:00:08.400]  and that just says how you can do it.
[01:00:08.400 --> 01:00:10.400]  And it's complete in accordance with 1509.
[01:00:10.400 --> 01:00:11.400]  I'm sorry.
[01:00:11.400 --> 01:00:16.400]  It's complete in accordance with 1505, and that stipulates the requisites.
[01:00:16.400 --> 01:00:22.400]  The magistrate shall forthwith issue a warrant.
[01:00:22.400 --> 01:00:24.400]  That one's perfect.
[01:00:24.400 --> 01:00:29.400]  Tells them something they must do over which they have no discretion.
[01:00:29.400 --> 01:00:32.400]  Nobody does it.
[01:00:32.400 --> 01:00:36.400]  Even if they understood what the law says, they wouldn't do it anyway.
[01:00:36.400 --> 01:00:41.400]  So I'm going to ask them to do something I know they're not going to do.
[01:00:41.400 --> 01:00:47.400]  If they actually do it, that'll screw up everything.
[01:00:47.400 --> 01:00:51.400]  Then I don't get to show there is no remedy.
[01:00:51.400 --> 01:00:56.400]  But, and anyway, man, I might actually be listening to me.
[01:00:56.400 --> 01:00:59.400]  And that's okay.
[01:00:59.400 --> 01:01:03.400]  Even if they are, it won't help.
[01:01:03.400 --> 01:01:08.400]  Because they just won't be able to help themselves.
[01:01:08.400 --> 01:01:13.400]  They're just like the kids on the high school parking lot.
[01:01:13.400 --> 01:01:17.400]  They got to go along to get along with their buddies.
[01:01:17.400 --> 01:01:26.400]  They got to be accepted by their buddies because they all feel like it's us against them.
[01:01:26.400 --> 01:01:29.400]  Citizens in the Republic being them.
[01:01:29.400 --> 01:01:31.400]  And I get that.
[01:01:31.400 --> 01:01:38.400]  They spend 96% of their time dealing with 6% of the people.
[01:01:38.400 --> 01:01:42.400]  Because 6% of the people do 96% of the crime.
[01:01:42.400 --> 01:01:47.400]  So they're used to dealing with these people who are just wacko.
[01:01:47.400 --> 01:01:51.400]  They're in and out and spend their whole life in and out of jail.
[01:01:51.400 --> 01:01:55.400]  And language means nothing to them.
[01:01:55.400 --> 01:02:00.400]  They just make noise with their face to get an outcome they want, right, wrong, truth.
[01:02:00.400 --> 01:02:03.400]  None of that matters to them.
[01:02:03.400 --> 01:02:06.400]  So they deal with this population.
[01:02:06.400 --> 01:02:16.400]  And then when you come across one of us who are normal citizens, they don't shift that gear.
[01:02:16.400 --> 01:02:20.400]  And we haven't given them reason to shift that gear.
[01:02:20.400 --> 01:02:23.400]  I intend to give them reason to shift that gear.
[01:02:23.400 --> 01:02:25.400]  And they do with me.
[01:02:25.400 --> 01:02:33.400]  Because they recognize very quickly when you're not one of that 6% that are always in and out of trouble.
[01:02:33.400 --> 01:02:38.400]  But they cannot bring themselves to change their behavior.
[01:02:38.400 --> 01:02:41.400]  So how do we get them to do that?
[01:02:41.400 --> 01:02:46.400]  Well, we spank them good.
[01:02:46.400 --> 01:02:50.400]  And nothing I'm doing is malicious.
[01:02:50.400 --> 01:02:52.400]  It's intended to be malicious.
[01:02:52.400 --> 01:02:54.400]  Yeah, I'm going to give them a hard time.
[01:02:54.400 --> 01:02:56.400]  Yeah, I'm going to sting them.
[01:02:56.400 --> 01:03:02.400]  I'm going to bargrieve them and judicial conduct complaint them and T. Cole complaint the officers.
[01:03:02.400 --> 01:03:06.400]  And just beat them up professionally, really good.
[01:03:06.400 --> 01:03:10.400]  But I think of them like I do my grandkids.
[01:03:10.400 --> 01:03:12.400]  They had to totally earn it, though.
[01:03:12.400 --> 01:03:14.400]  You don't just do that to random people.
[01:03:14.400 --> 01:03:15.400]  Right.
[01:03:15.400 --> 01:03:20.400]  I give them opportunity to do the right thing.
[01:03:20.400 --> 01:03:25.400]  If they elect not to do the right thing, then I come back and land on them.
[01:03:25.400 --> 01:03:33.400]  Now, the fact that I know they're not going to do the right thing, well, that's irrelevant.
[01:03:33.400 --> 01:03:37.400]  Does not change their duty.
[01:03:37.400 --> 01:03:44.400]  You're just trying, you're just doing this trying to get me to do something that you can come after me for.
[01:03:44.400 --> 01:03:49.400]  Yes, that is exactly what I'm doing.
[01:03:49.400 --> 01:03:52.400]  And I'll make no beans about that.
[01:03:52.400 --> 01:03:57.400]  Yes, I'm trying to give you opportunity to screw up.
[01:03:57.400 --> 01:04:03.400]  So you can take that opportunity or you can do what you swore you would do.
[01:04:03.400 --> 01:04:06.400]  You do what you swore in your oath you would do.
[01:04:06.400 --> 01:04:09.400]  You will have zero problem with me.
[01:04:09.400 --> 01:04:12.400]  But if you don't, you're going to have a problem.
[01:04:12.400 --> 01:04:14.400]  And yeah, I set this up.
[01:04:14.400 --> 01:04:16.400]  I'm going to set up every one of them.
[01:04:16.400 --> 01:04:19.400]  If they're all listening, absolutely, I'm going to set you up.
[01:04:19.400 --> 01:04:22.400]  I'm going to give you opportunity to do the wrong thing.
[01:04:22.400 --> 01:04:28.400]  And I am absolutely confident you will accommodate me.
[01:04:28.400 --> 01:04:30.400]  But good luck, guys.
[01:04:30.400 --> 01:04:33.400]  So I go to the municipal judges.
[01:04:33.400 --> 01:04:37.400]  I send one complaint to each municipal judge.
[01:04:37.400 --> 01:04:41.400]  And then when I don't get my, I'm going to do this email.
[01:04:41.400 --> 01:04:48.400]  So I don't get an email within two or three days telling me that they issued a warrant on this day,
[01:04:48.400 --> 01:04:55.400]  which I can pretty well assure everybody, I will get zero.
[01:04:55.400 --> 01:05:01.400]  Then I charged them with a much more serious crime, shielding from prosecution,
[01:05:01.400 --> 01:05:08.400]  3805 penal code and official misconduct, official oppression, 3903,
[01:05:08.400 --> 01:05:12.400]  in that they denied me an equal protection of the laws
[01:05:13.400 --> 01:05:20.400]  and in the process shielded one of their fellow public officials from prosecution.
[01:05:20.400 --> 01:05:23.400]  So see how this works for you, Bubba.
[01:05:23.400 --> 01:05:31.400]  And then I just walk up each level of judge until I get to the district judges.
[01:05:31.400 --> 01:05:39.400]  And by then, I'm sure they will all know exactly what I'm doing
[01:05:39.400 --> 01:05:43.400]  because they will have already heard about what I've done to the lower level.
[01:05:43.400 --> 01:05:46.400]  So they know precisely what I'm going to do.
[01:05:46.400 --> 01:05:50.400]  It won't come as a surprise.
[01:05:50.400 --> 01:05:59.400]  So are these district judges who were longtime lawyers before they became district judges
[01:05:59.400 --> 01:06:03.400]  and who were well versed in law?
[01:06:03.400 --> 01:06:10.400]  Brett, how many of those do you think will actually follow law?
[01:06:10.400 --> 01:06:13.400]  I would love to say that there would be one.
[01:06:13.400 --> 01:06:16.400]  I don't think it's likely.
[01:06:16.400 --> 01:06:19.400]  I would like to see the same thing.
[01:06:19.400 --> 01:06:22.400]  And I agree, I don't think it's likely.
[01:06:22.400 --> 01:06:30.400]  Even if they know exactly what I'm doing to them, they're still going to do it wrong.
[01:06:30.400 --> 01:06:36.400]  Then I get to take that to the feds, to the federal grand jury,
[01:06:36.400 --> 01:06:42.400]  and the U.S. attorney will accommodate me by secreting my complaints from the grand jury,
[01:06:42.400 --> 01:06:46.400]  and then we'll get to work our way up to D.C.
[01:06:46.400 --> 01:06:48.400]  That's my story that I'm sticking to it.
[01:06:48.400 --> 01:06:51.400]  Our phone lines are open. We've got no callers.
[01:06:51.400 --> 01:06:53.400]  If you don't call in and ask me a question,
[01:06:53.400 --> 01:06:57.400]  you're going to have to put up with the gospel according to Randy.
[01:06:57.400 --> 01:07:00.400]  The gospel according to Randy, that gets ugly.
[01:07:00.400 --> 01:07:03.400]  What do you think, Brett?
[01:07:03.400 --> 01:07:07.400]  How about the gospel according to Brett?
[01:07:07.400 --> 01:07:12.400]  All right, well, we could launch into some discovery stuff.
[01:07:12.400 --> 01:07:15.400]  Oh, I would like to go back through that again,
[01:07:15.400 --> 01:07:18.400]  because I seldom get to discovery.
[01:07:18.400 --> 01:07:25.400]  So I need to put together, maybe when I sue them, I should add discovery.
[01:07:25.400 --> 01:07:28.400]  Oh, wonderful. Yes. Absolutely.
[01:07:28.400 --> 01:07:31.400]  Walk us through discovery.
[01:07:31.400 --> 01:07:36.400]  Well, discovery is a bunch of tools that are at our disposal
[01:07:36.400 --> 01:07:42.400]  that most people don't even touch or even know about for the most part.
[01:07:42.400 --> 01:07:44.400]  They don't think about it.
[01:07:44.400 --> 01:07:49.400]  They just deal with what is right in front of them.
[01:07:49.400 --> 01:07:52.400]  And if you've got, you know,
[01:07:52.400 --> 01:07:56.400]  somebody's dragged you into the quicksands of court for something or other,
[01:07:56.400 --> 01:08:03.400]  you're not really thinking in terms of your powerful discovery tools.
[01:08:03.400 --> 01:08:06.400]  And they are powerful.
[01:08:06.400 --> 01:08:12.400]  The way we get evidence that's admissible evidence
[01:08:12.400 --> 01:08:19.400]  to go to the essential elements is by using our discovery tools.
[01:08:19.400 --> 01:08:27.400]  Sure, we could swear out our own affidavit that says some fact or another,
[01:08:27.400 --> 01:08:34.400]  but there's something special about getting it from their mouth.
[01:08:34.400 --> 01:08:39.400]  There's something powerful about forcing them to admit
[01:08:39.400 --> 01:08:47.400]  and forcing them to produce, forcing them to answer interrogatories.
[01:08:47.400 --> 01:08:55.400]  And so these tools are at our disposal and we shouldn't skip over them.
[01:08:55.400 --> 01:09:00.400]  We shouldn't just forget about them.
[01:09:00.400 --> 01:09:07.400]  I like to start with admissions, but don't use them all up.
[01:09:07.400 --> 01:09:10.400]  Some states, they don't have limits.
[01:09:10.400 --> 01:09:14.400]  Texas, we get 15.
[01:09:14.400 --> 01:09:16.400]  You can't ask more than 15.
[01:09:16.400 --> 01:09:20.400]  You can't put more than 15 statements of fact out there
[01:09:20.400 --> 01:09:24.400]  and ask them to admit or deny.
[01:09:24.400 --> 01:09:28.400]  So I like to say, you know, use three or four of them.
[01:09:28.400 --> 01:09:33.400]  Do something that goes one for each essential element.
[01:09:33.400 --> 01:09:36.400]  Look at what it is that you're being accused of.
[01:09:36.400 --> 01:09:40.400]  Let's just say you're the defendant and you're being accused of something.
[01:09:40.400 --> 01:09:43.400]  Go look up that cause of action.
[01:09:43.400 --> 01:09:46.400]  If you can get a hold of the pattern jury charges,
[01:09:46.400 --> 01:09:50.400]  standard jury instructions, some states call it,
[01:09:50.400 --> 01:09:56.400]  then you'll know what essential elements you're supposed to be defending against.
[01:09:56.400 --> 01:10:00.400]  And as a defendant, you only have to knock down one of them.
[01:10:00.400 --> 01:10:04.400]  As a plaintiff, if you want to succeed,
[01:10:05.400 --> 01:10:11.400]  you have to make sure all of your essential elements are intact
[01:10:11.400 --> 01:10:13.400]  for your cause of action.
[01:10:13.400 --> 01:10:18.400]  But as a defendant, you only have to knock down one
[01:10:18.400 --> 01:10:22.400]  and the whole thing falls apart.
[01:10:22.400 --> 01:10:27.400]  So I suggest start with admissions.
[01:10:27.400 --> 01:10:29.400]  Go pick on the weak link.
[01:10:29.400 --> 01:10:31.400]  Look at whatever it is like.
[01:10:31.400 --> 01:10:36.400]  Like maybe it would be willingly or knowingly something, something.
[01:10:36.400 --> 01:10:40.400]  And you want them to admit that they have no evidence
[01:10:40.400 --> 01:10:43.400]  or that they're being any mens rea.
[01:10:43.400 --> 01:10:51.400]  So you're going to attack that with forcing them to admit.
[01:10:51.400 --> 01:10:53.400]  And you can't ask them for their opinion about it.
[01:10:53.400 --> 01:10:58.400]  You're asking them to admit that they have no evidence.
[01:10:59.400 --> 01:11:03.400]  So either they're going to say admit or deny.
[01:11:03.400 --> 01:11:09.400]  If they say deny, well, then you're going to follow that up with a request for production.
[01:11:09.400 --> 01:11:13.400]  I want to see the evidence that you've got about the intents of my heart.
[01:11:13.400 --> 01:11:17.400]  Yeah, show it to me.
[01:11:17.400 --> 01:11:21.400]  So start out with the admissions.
[01:11:21.400 --> 01:11:25.400]  And then depending on what the situation is,
[01:11:25.400 --> 01:11:30.400]  you might go next to interrogatories or you might go to production.
[01:11:30.400 --> 01:11:33.400]  Production is powerful.
[01:11:33.400 --> 01:11:38.400]  In most jurisdictions, there are things that are required disclosures.
[01:11:38.400 --> 01:11:42.400]  So without anybody even asking for it,
[01:11:42.400 --> 01:11:48.400]  the other side is required to share certain evidence.
[01:11:48.400 --> 01:11:50.400]  So there's required disclosures.
[01:11:50.400 --> 01:11:53.400]  And then there's also what you get to ask for
[01:11:53.400 --> 01:11:56.400]  that they produce or disclose different things.
[01:11:56.400 --> 01:11:58.400]  All right, hold on just a second.
[01:11:58.400 --> 01:11:59.400]  We're going to go to our sponsors.
[01:11:59.400 --> 01:12:01.400]  We'll be right back.
[01:12:24.400 --> 01:12:26.400]  We're going to go to our sponsors.
[01:12:26.400 --> 01:12:28.400]  We'll be right back.
[01:12:53.400 --> 01:12:55.400]  We're going to go to our sponsors.
[01:13:23.400 --> 01:13:26.400]  Young Jevity can provide the nutrients you need.
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[01:14:01.400 --> 01:14:07.400]  This is the Logos Radio Network.
[01:14:22.400 --> 01:14:26.400]  All right, welcome back to the Rule of Law Radio.
[01:14:26.400 --> 01:14:27.400]  I'm Randy Kelton.
[01:14:27.400 --> 01:14:28.400]  I'm Brett Fountain.
[01:14:28.400 --> 01:14:31.400]  And we are talking about discovery.
[01:14:31.400 --> 01:14:35.400]  Discovery is powerful.
[01:14:35.400 --> 01:14:39.400]  It doesn't matter which side you're on as a litigant.
[01:14:39.400 --> 01:14:41.400]  You're going to be able to do it.
[01:14:41.400 --> 01:14:43.400]  You're going to be able to do it.
[01:14:43.400 --> 01:14:45.400]  You're going to be able to do it.
[01:14:45.400 --> 01:14:47.400]  You're going to be able to do it.
[01:14:47.400 --> 01:14:49.400]  You're going to be able to do it.
[01:14:49.400 --> 01:14:52.400]  It doesn't matter which side you're on as a litigant,
[01:14:52.400 --> 01:14:55.400]  whether you're the plaintiff or you're the defendant.
[01:14:55.400 --> 01:15:01.400]  It's really important that you understand your tools
[01:15:01.400 --> 01:15:07.400]  and that you understand that in order to win, you need evidence.
[01:15:07.400 --> 01:15:09.400]  It has to be admissible evidence,
[01:15:09.400 --> 01:15:14.400]  and it has to be evidence that goes to the essential elements.
[01:15:14.400 --> 01:15:17.400]  You can't just go in there and hope for the best.
[01:15:17.400 --> 01:15:19.400]  You have to go in prepared.
[01:15:19.400 --> 01:15:21.400]  Use your tools.
[01:15:21.400 --> 01:15:22.400]  They're right there.
[01:15:22.400 --> 01:15:23.400]  They're hanging on your belt.
[01:15:23.400 --> 01:15:27.400]  Grab them and begin to get familiar with them.
[01:15:27.400 --> 01:15:34.400]  So we talked about admissions a little bit.
[01:15:34.400 --> 01:15:39.400]  I'll tell a couple more things that I think are special about that in a moment.
[01:15:39.400 --> 01:15:42.400]  So production and disclosure.
[01:15:42.400 --> 01:15:49.400]  You're expecting for them to disclose not only the required disclosure
[01:15:49.400 --> 01:15:53.400]  but anything else you think of that they might have,
[01:15:53.400 --> 01:16:00.400]  any evidence that you think you need in order to win your case and production.
[01:16:00.400 --> 01:16:03.400]  So another is interrogatories.
[01:16:03.400 --> 01:16:07.400]  You get to ask questions.
[01:16:07.400 --> 01:16:16.400]  Think about ways to ask questions that you're going to squeeze an answer out of them
[01:16:16.400 --> 01:16:19.400]  that speaks to your innocence.
[01:16:19.400 --> 01:16:23.400]  Well, if you're the defendant and they're the ones accusing you, right?
[01:16:23.400 --> 01:16:28.400]  Or if you're the plaintiff, you want to ask questions in a way
[01:16:28.400 --> 01:16:38.400]  that is going to squeeze an answer out of them that tells on themselves,
[01:16:38.400 --> 01:16:43.400]  you know, that gives you the evidence you need to win the case.
[01:16:43.400 --> 01:16:46.400]  I was looking at a phrase today.
[01:16:46.400 --> 01:16:48.400]  It's called at issue.
[01:16:48.400 --> 01:16:52.400]  When a fact is at issue,
[01:16:52.400 --> 01:16:59.400]  that means it has been sufficiently narrowed down
[01:16:59.400 --> 01:17:07.400]  and clarified here is exactly where the disagreement lies between these two parties.
[01:17:07.400 --> 01:17:12.400]  You've got these litigants that are coming before the court asking for the court's aid
[01:17:12.400 --> 01:17:19.400]  to adjudicate something, but until it has been sufficiently narrowed down,
[01:17:20.400 --> 01:17:26.400]  it's not really clear yet exactly which facts are at issue.
[01:17:26.400 --> 01:17:31.400]  Once you finish up this discovery process, if you do it right,
[01:17:31.400 --> 01:17:35.400]  you will have eliminated some of those facts,
[01:17:35.400 --> 01:17:39.400]  so the court doesn't even need to deal with those.
[01:17:39.400 --> 01:17:46.400]  And you will have potentially surface some new issues.
[01:17:46.400 --> 01:17:52.400]  You know, if you found out that you thought this guy was embezzling from the company
[01:17:52.400 --> 01:17:54.400]  and then you thought it was at this level,
[01:17:54.400 --> 01:17:58.400]  and then you did a little bit of digging during discovery
[01:17:58.400 --> 01:18:01.400]  and you found out that, oh, my goodness, he was not only doing that,
[01:18:01.400 --> 01:18:03.400]  he was also doing this.
[01:18:03.400 --> 01:18:07.400]  Well, so now you could even add another cause of action
[01:18:07.400 --> 01:18:10.400]  or you could do whatever you need to do with that.
[01:18:10.400 --> 01:18:16.400]  But let's see.
[01:18:16.400 --> 01:18:20.400]  One thing that's interesting about these,
[01:18:20.400 --> 01:18:24.400]  when you make some requests, like you send some interrogatories,
[01:18:24.400 --> 01:18:29.400]  these are written questions that the other side has to answer.
[01:18:29.400 --> 01:18:36.400]  Well, in my experience, they take one look at it and they go,
[01:18:36.400 --> 01:18:38.400]  he's not even an attorney.
[01:18:38.400 --> 01:18:41.400]  I'm just going to ignore him.
[01:18:41.400 --> 01:18:45.400]  And they don't respond at all.
[01:18:45.400 --> 01:18:46.400]  Okay.
[01:18:46.400 --> 01:18:52.400]  Well, the rules say that what happens is if the other side doesn't respond,
[01:18:52.400 --> 01:18:56.400]  they have, in Texas, it's 30 days.
[01:18:56.400 --> 01:18:59.400]  It's a little different in different jurisdictions,
[01:18:59.400 --> 01:19:02.400]  but they have a certain time period to answer.
[01:19:02.400 --> 01:19:06.400]  If they don't, then that's when you go to the court
[01:19:06.400 --> 01:19:11.400]  and you say, hey, court, we're over here trying to do discovery
[01:19:11.400 --> 01:19:14.400]  and the other side's not cooperating.
[01:19:14.400 --> 01:19:20.400]  Will you please compel them to cooperate with discovery?
[01:19:20.400 --> 01:19:24.400]  And then you just, you know, pin a copy of that,
[01:19:24.400 --> 01:19:29.400]  whatever discovery request you had sent to them and they're disregarding.
[01:19:29.400 --> 01:19:31.400]  You send a copy to the court.
[01:19:31.400 --> 01:19:37.400]  And now the court will have, before the court will be a motion to compel.
[01:19:37.400 --> 01:19:50.400]  That motion to compel, that's for the judge to force the other side to follow the rules.
[01:19:50.400 --> 01:20:00.400]  Now, what I think is really cool is that the admissions don't work that way.
[01:20:00.400 --> 01:20:05.400]  The admissions, after the time is up,
[01:20:05.400 --> 01:20:13.400]  all of the statements that you made are deemed to be admitted.
[01:20:13.400 --> 01:20:14.400]  That's powerful.
[01:20:14.400 --> 01:20:17.400]  Let me just say that again.
[01:20:17.400 --> 01:20:21.400]  You put some statements of fact out there.
[01:20:21.400 --> 01:20:28.400]  You said they're true, and you need them to admit that they're true,
[01:20:28.400 --> 01:20:32.400]  because that's the evidence you need to win your case.
[01:20:32.400 --> 01:20:36.400]  And they ignored you because you don't even have a bar card.
[01:20:36.400 --> 01:20:37.400]  Who do you think you are?
[01:20:37.400 --> 01:20:42.400]  I'm just going to, you lowlife, you nobody.
[01:20:42.400 --> 01:20:45.400]  So they're going to ignore you.
[01:20:45.400 --> 01:20:51.400]  And the rule says after 30 days of them ignoring you,
[01:20:51.400 --> 01:20:58.400]  those statements that you asked for them to admit are deemed admitted.
[01:20:58.400 --> 01:21:03.400]  It doesn't say you have to ask the court to do anything.
[01:21:03.400 --> 01:21:07.400]  They're just deemed admitted.
[01:21:07.400 --> 01:21:17.400]  So while I'm moving the court to compel the other side to cooperate
[01:21:17.400 --> 01:21:21.400]  regarding production or interrogatories or something,
[01:21:21.400 --> 01:21:23.400]  I don't mention a word about the admissions.
[01:21:23.400 --> 01:21:26.400]  Those are in the bag.
[01:21:26.400 --> 01:21:29.400]  They've ignored my admissions.
[01:21:29.400 --> 01:21:36.400]  I was careful and I crafted them well up front so that I formulated
[01:21:36.400 --> 01:21:44.400]  statements that if true, they lose.
[01:21:44.400 --> 01:21:47.400]  If true, it destroys their case.
[01:21:47.400 --> 01:21:54.400]  Each one is formulated to knock out at least one essential element.
[01:21:54.400 --> 01:22:01.400]  Like a sniper, you want your admission to be a statement that's true.
[01:22:01.400 --> 01:22:05.400]  It's always true, and it can't be disputed.
[01:22:05.400 --> 01:22:10.400]  And you formulate it in a way that it destroys one of the essential elements.
[01:22:10.400 --> 01:22:11.400]  At least one.
[01:22:11.400 --> 01:22:14.400]  Sometimes you can knock out more than one with one statement,
[01:22:14.400 --> 01:22:17.400]  but you want to keep your statements really simple,
[01:22:17.400 --> 01:22:24.400]  so they're going to be more like sniper, not machine gun fire.
[01:22:24.400 --> 01:22:29.400]  All right, so back to the motion to compel.
[01:22:29.400 --> 01:22:37.400]  You get the court to tell the other side that they need to respond
[01:22:37.400 --> 01:22:41.400]  and cooperate with your discovery requests,
[01:22:41.400 --> 01:22:45.400]  and the court will generally give them some more time to do that.
[01:22:45.400 --> 01:22:48.400]  Say you need to respond by the middle of July.
[01:22:48.400 --> 01:22:52.400]  You know, July 15th, I want to see that you're cooperating.
[01:22:52.400 --> 01:22:55.400]  They'll give some kind of a time frame.
[01:22:55.400 --> 01:22:59.400]  They might give them another 30 days, but whatever.
[01:22:59.400 --> 01:23:06.400]  That is...
[01:23:06.400 --> 01:23:11.400]  The lawyers won't want to admit it, but that is a win.
[01:23:11.400 --> 01:23:22.400]  If the judge has to command them to follow the rules that you, as a pro se, raised,
[01:23:22.400 --> 01:23:24.400]  they weren't following the rules.
[01:23:24.400 --> 01:23:30.400]  You some nobody, or maybe you keep calling us a chump,
[01:23:30.400 --> 01:23:36.400]  but they look at us and they say, who is this guy?
[01:23:36.400 --> 01:23:39.400]  What makes him think he knows the rules?
[01:23:39.400 --> 01:23:43.400]  Oh, yeah, maybe he went and read them.
[01:23:43.400 --> 01:23:46.400]  So, yep, I'd call that a win.
[01:23:46.400 --> 01:23:51.400]  If you get the judge to grant your motion to compel,
[01:23:51.400 --> 01:23:58.400]  now the other side has to answer your discovery requests.
[01:23:58.400 --> 01:24:00.400]  What else should we say about discovery?
[01:24:00.400 --> 01:24:09.400]  I think it's important to highlight what essential elements are.
[01:24:09.400 --> 01:24:16.400]  Well, too often we have people really chanting and pushing hard
[01:24:16.400 --> 01:24:23.400]  to get something heard that really doesn't need to be heard.
[01:24:23.400 --> 01:24:30.400]  And it's really good if we can stay focused and restrict ourselves to the things that matter.
[01:24:30.400 --> 01:24:33.400]  And by that, I mean essential elements.
[01:24:33.400 --> 01:24:39.400]  The parts of that cause of action that hold it up, that are the core of it,
[01:24:39.400 --> 01:24:42.400]  and without it, there is no cause of action.
[01:24:42.400 --> 01:24:45.400]  Let me speak to exactly that.
[01:24:45.400 --> 01:24:50.400]  Most people, you know, they think you can go in and say, this guy did wrong,
[01:24:50.400 --> 01:24:54.400]  he mistreated me this way and he did that and the other.
[01:24:54.400 --> 01:25:00.400]  Most of that means nothing unless you craft your claim.
[01:25:03.400 --> 01:25:10.400]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
[01:25:10.400 --> 01:25:13.400]  But now researchers say we can add stress to the list.
[01:25:13.400 --> 01:25:16.400]  I'm Dr. Catherine Albrecht, back with details in a moment.
[01:25:40.400 --> 01:25:46.400]  Are you always on the go and juggling multiple projects?
[01:25:46.400 --> 01:25:50.400]  If so, you might think that multitasking proves you're smart.
[01:25:50.400 --> 01:25:54.400]  But think again, all that stress might be eating your brain.
[01:25:54.400 --> 01:25:58.400]  A new study finds stress reduces the number of connections between neurons,
[01:25:58.400 --> 01:26:02.400]  which actually makes it harder for people to manage problems.
[01:26:02.400 --> 01:26:06.400]  Researchers at Yale University found that stressed out people have less gray matter
[01:26:07.400 --> 01:26:11.400]  in their prefrontal cortex.
[01:26:11.400 --> 01:26:16.400]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions.
[01:26:16.400 --> 01:26:19.400]  So take a deep breath and chill out.
[01:26:19.400 --> 01:26:22.400]  It'll help keep your mind as sharp as a tack.
[01:26:22.400 --> 01:26:27.400]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[01:28:40.400 --> 01:28:42.400]  Okay, we are back.
[01:28:42.400 --> 01:28:45.400]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:28:45.400 --> 01:28:48.400]  And when we were going out, I was going to illustrate
[01:28:48.400 --> 01:28:50.400]  what Brett was talking about.
[01:28:50.400 --> 01:28:55.400]  Every claim, every cause of action or every tort.
[01:28:55.400 --> 01:28:59.400]  In criminal, your claims are statutes.
[01:28:59.400 --> 01:29:02.400]  And each statute has a set of elements.
[01:29:02.400 --> 01:29:04.400]  Each of the elements must be proven.
[01:29:04.400 --> 01:29:06.400]  In civil, you have something similar.
[01:29:06.400 --> 01:29:10.400]  We have causes of action and we have torts.
[01:29:10.400 --> 01:29:15.400]  A cause of action rings in some kind of agreement, contractual agreements.
[01:29:15.400 --> 01:29:18.400]  Torts, if you're driving down the road and a road worker,
[01:29:18.400 --> 01:29:21.400]  backhoe operator puts his stinger through your window,
[01:29:21.400 --> 01:29:24.400]  you don't have a contract, that's a tort.
[01:29:24.400 --> 01:29:28.400]  If you make a claim, you can't just say,
[01:29:28.400 --> 01:29:31.400]  the dirty rotten scoundrel did this or he did that.
[01:29:31.400 --> 01:29:36.400]  You have to claim each of the elements of a cause of action.
[01:29:36.400 --> 01:29:39.400]  And here a good short one is breach contract.
[01:29:39.400 --> 01:29:44.400]  You must prove that there is a valid enforceable contract.
[01:29:44.400 --> 01:29:49.400]  The plaintiff is a proper party to sue for breach of the contract.
[01:29:49.400 --> 01:29:53.400]  The plaintiff performed, tendered performance of
[01:29:53.400 --> 01:29:58.400]  or was excused from performing its contractual obligations.
[01:29:58.400 --> 01:30:02.400]  That's the plaintiff. You abided by the contract.
[01:30:02.400 --> 01:30:05.400]  Defendant breached the contract.
[01:30:05.400 --> 01:30:09.400]  Defendant's breach of contract caused the plaintiff injury.
[01:30:09.400 --> 01:30:16.400]  If you don't claim each one of those and show evidence and support of each one,
[01:30:16.400 --> 01:30:19.400]  the judge cannot rule in your favor.
[01:30:19.400 --> 01:30:26.400]  And any claim you want to make, go get O'Connor's causes of action.
[01:30:26.400 --> 01:30:30.400]  Laws of action is one of the best books on the subject.
[01:30:30.400 --> 01:30:32.400]  It doesn't matter what state.
[01:30:32.400 --> 01:30:35.400]  Laws are pretty well the same everywhere.
[01:30:35.400 --> 01:30:39.400]  Also, some states are really good, better than Texas,
[01:30:39.400 --> 01:30:47.400]  about maintaining and promulgating a list of these jury charges,
[01:30:47.400 --> 01:30:50.400]  jury instructions that tells a little checklist and says,
[01:30:50.400 --> 01:30:55.400]  okay, jury, if you're going to find this person guilty of such and such,
[01:30:55.400 --> 01:30:59.400]  scroll down here to 11.6A, and there's your little checklist
[01:30:59.400 --> 01:31:01.400]  that goes with this cause of action.
[01:31:01.400 --> 01:31:03.400]  And it's perfect.
[01:31:03.400 --> 01:31:07.400]  And I'm saying that's what we should be using as a reference point
[01:31:07.400 --> 01:31:11.400]  when we craft our discovery requests.
[01:31:11.400 --> 01:31:14.400]  We should have those essential elements in mind.
[01:31:14.400 --> 01:31:18.400]  Go online and do a search for pattern jury charges.
[01:31:18.400 --> 01:31:21.400]  Whenever the judge gives jury charges,
[01:31:21.400 --> 01:31:25.400]  both lawyers always gripe and complain about the charges.
[01:31:25.400 --> 01:31:27.400]  They object to everything.
[01:31:27.400 --> 01:31:30.400]  So they've developed a set of pattern jury charges.
[01:31:30.400 --> 01:31:32.400]  These are okay.
[01:31:32.400 --> 01:31:35.400]  If he gives only these, nobody gets to object to them.
[01:31:35.400 --> 01:31:39.400]  And what the judge will say to the jury,
[01:31:39.400 --> 01:31:44.400]  this is what you must find.
[01:31:44.400 --> 01:31:47.400]  And he'll list, you must find all these things.
[01:31:47.400 --> 01:31:49.400]  If you're fighting a case,
[01:31:49.400 --> 01:31:52.400]  and you're arguing something that's not in that list,
[01:31:52.400 --> 01:31:55.400]  oh, the other side, they're going to jump in there
[01:31:55.400 --> 01:31:58.400]  and they're going to fight like a tiger.
[01:31:58.400 --> 01:32:00.400]  Yeah, keep you distracted.
[01:32:00.400 --> 01:32:02.400]  Yeah, laughing the whole time.
[01:32:02.400 --> 01:32:05.400]  You prove that up, it makes no difference.
[01:32:05.400 --> 01:32:08.400]  Get your pattern jury charge.
[01:32:08.400 --> 01:32:10.400]  If it's a tort, no matter what it is,
[01:32:10.400 --> 01:32:13.400]  you can find a pattern jury charge for it.
[01:32:13.400 --> 01:32:15.400]  And it'll tell you exactly what you must prove.
[01:32:15.400 --> 01:32:17.400]  Ignore the rest of it.
[01:32:17.400 --> 01:32:24.400]  That's my story, and I'm going to shut up now.
[01:32:24.400 --> 01:32:25.400]  Well, that's it.
[01:32:25.400 --> 01:32:26.400]  That's exactly right.
[01:32:26.400 --> 01:32:32.400]  That's essential elements.
[01:32:32.400 --> 01:32:35.400]  Okay, we have...
[01:32:35.400 --> 01:32:39.400]  Tina, do you have something on point?
[01:32:39.400 --> 01:32:41.400]  Well, I hope so.
[01:32:41.400 --> 01:32:47.400]  I was very interested in listening to information about discovery.
[01:32:47.400 --> 01:32:54.400]  And also the one where Brett was saying that you have,
[01:32:54.400 --> 01:32:59.400]  what was the wording of forced discovery when they don't give it?
[01:32:59.400 --> 01:33:02.400]  Yeah, move the court to compel cooperation.
[01:33:02.400 --> 01:33:04.400]  Yes, the motion to compel.
[01:33:04.400 --> 01:33:09.400]  I ran into that with the bankruptcy case that I eventually won,
[01:33:09.400 --> 01:33:13.400]  where my motion to compel was denied twice.
[01:33:13.400 --> 01:33:17.400]  There was always some reason that the attorney came up
[01:33:17.400 --> 01:33:20.400]  and they didn't get it right.
[01:33:20.400 --> 01:33:24.400]  And the judge sided with them.
[01:33:24.400 --> 01:33:31.400]  I thought, you know, their attorney got fed up with the other side.
[01:33:31.400 --> 01:33:33.400]  They were pulled out.
[01:33:33.400 --> 01:33:36.400]  But then the next attorney did the same thing.
[01:33:36.400 --> 01:33:39.400]  I can't remember how I got...
[01:33:39.400 --> 01:33:43.400]  I think it was because the second attorney pulled out.
[01:33:43.400 --> 01:33:48.400]  And even though I never quite got the motion to compel right,
[01:33:48.400 --> 01:33:54.400]  so depending on the judge, you really have to get that correct
[01:33:54.400 --> 01:34:00.400]  for them to actually say, yes, you're granted your motion to compel.
[01:34:00.400 --> 01:34:02.400]  And it's not easy.
[01:34:02.400 --> 01:34:03.400]  What do you mean?
[01:34:03.400 --> 01:34:08.400]  What do you think was not right about it or was it opposed?
[01:34:08.400 --> 01:34:15.400]  It was opposed and they didn't do it, you know, didn't write it correctly,
[01:34:15.400 --> 01:34:17.400]  didn't put the right elements.
[01:34:17.400 --> 01:34:19.400]  Are you kidding me?
[01:34:19.400 --> 01:34:25.400]  What attorney in their right mind would oppose a motion to compel
[01:34:25.400 --> 01:34:30.400]  when all you're asking the court to do is ask them to follow the rules?
[01:34:31.400 --> 01:34:34.400]  What attorney would dare to say,
[01:34:34.400 --> 01:34:39.400]  she shouldn't be able to force me to follow the rules?
[01:34:39.400 --> 01:34:40.400]  Well, they do.
[01:34:40.400 --> 01:34:42.400]  They do it all the time.
[01:34:42.400 --> 01:34:47.400]  And it was really surprising to me because I said, you know, I'm a pro se.
[01:34:47.400 --> 01:34:50.400]  You know, I don't have the training of an attorney.
[01:34:50.400 --> 01:34:52.400]  I'm doing the best I can.
[01:34:52.400 --> 01:34:55.400]  Well, you know, she has to follow the bankruptcy rule.
[01:34:55.400 --> 01:35:00.400]  She just has no pride just because she's a pro se.
[01:35:00.400 --> 01:35:05.400]  I mean, I eventually got what I wanted or gave up
[01:35:05.400 --> 01:35:10.400]  because both attorneys pulled out so they were left to their own devices eventually.
[01:35:10.400 --> 01:35:17.400]  I found it very frustrating and I did get some help online
[01:35:17.400 --> 01:35:21.400]  with one of them to compel and it still won't.
[01:35:21.400 --> 01:35:24.400]  So I would say to people thinking about that,
[01:35:24.400 --> 01:35:30.400]  really look at how you do it and write the motion to compel.
[01:35:30.400 --> 01:35:36.400]  Make sure it follows every single rule because I, like you said,
[01:35:36.400 --> 01:35:40.400]  it's very powerful if it's done right.
[01:35:40.400 --> 01:35:43.400]  The second question is you're talking about discovery.
[01:35:43.400 --> 01:35:51.400]  If they deny you discovery and they say your motion is denied
[01:35:51.400 --> 01:35:54.400]  because it's fabulous and we're not going to grant you anything.
[01:35:54.400 --> 01:35:56.400]  You're just denied.
[01:35:56.400 --> 01:35:58.400]  How do you get around that?
[01:35:58.400 --> 01:36:06.400]  Because you can never get to prove your case in any way if you don't get discovered.
[01:36:06.400 --> 01:36:07.400]  Okay.
[01:36:07.400 --> 01:36:10.400]  So the discovery request, and that's a great question.
[01:36:10.400 --> 01:36:14.400]  It highlights something that is a common misunderstanding.
[01:36:14.400 --> 01:36:20.400]  Discovery requests initially don't have anything to do with the court.
[01:36:20.400 --> 01:36:26.400]  You don't go to the court and ask anything or even serve a copy to the court.
[01:36:26.400 --> 01:36:29.400]  It's completely off to the side.
[01:36:29.400 --> 01:36:34.400]  Doesn't involve court or court record, not even a copy to the clerk.
[01:36:34.400 --> 01:36:41.400]  You go directly to the other side and you give them your discovery requests.
[01:36:41.400 --> 01:36:46.400]  Now, especially with regards to the admissions,
[01:36:46.400 --> 01:36:50.400]  because there's that time clock to deemed admitted,
[01:36:50.400 --> 01:36:57.400]  I would say it's important to put some tracking on that one.
[01:36:57.400 --> 01:37:02.400]  Ideally for all of them, but make sure that you have some proof,
[01:37:02.400 --> 01:37:09.400]  either if you're sending it in the US mail, add tracking, cost a couple dollars,
[01:37:09.400 --> 01:37:11.400]  or if you're sending a fax,
[01:37:11.400 --> 01:37:18.400]  that's great because the fax gives you an immediate indication that there was success.
[01:37:18.400 --> 01:37:23.400]  It was successfully received on the other end and you have a date and time stamp.
[01:37:23.400 --> 01:37:33.400]  This first round, all of your discovery just goes to whoever you think has evidence that you need.
[01:37:33.400 --> 01:37:35.400]  It might not even be the other litigant.
[01:37:35.400 --> 01:37:47.400]  It might be some mortgage company or somebody that's directly to whoever you think has it, has the evidence.
[01:37:47.400 --> 01:37:53.400]  And then if they do not cooperate within the time frame,
[01:37:53.400 --> 01:37:57.400]  that's when you go to the court for the first time.
[01:37:57.400 --> 01:38:02.400]  The court has never seen that you're involved in discovery until you say,
[01:38:02.400 --> 01:38:09.400]  excuse me, I'm sorry, but I've got to ask you to get them to follow the rules over here.
[01:38:09.400 --> 01:38:13.400]  And then you attach a copy of your discovery request.
[01:38:14.400 --> 01:38:20.400]  So the court can see that what you were asking for is exactly within the rules.
[01:38:20.400 --> 01:38:28.400]  And the court should grant your motion to compel cooperation.
[01:38:28.400 --> 01:38:36.400]  Now, yeah, I don't know what you ran into there when you said it was opposed.
[01:38:37.400 --> 01:38:44.400]  That kind of boggles my mind because how would an attorney dare to say I'm immune from the rules?
[01:38:44.400 --> 01:38:48.400]  How dare she try to force me to follow the rules?
[01:38:48.400 --> 01:38:55.400]  And actually admit that to the court, say I oppose this motion to compel me to follow the rules.
[01:38:55.400 --> 01:38:58.400]  Well, well, all right, hold that thought, Tina.
[01:38:58.400 --> 01:39:00.400]  We'll be right back.
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[01:41:20.400 --> 01:41:40.400]  Alright, welcome back to the Rule of Law Radio.
[01:41:40.400 --> 01:41:45.400]  Randy Kelton, I'm Brett Fountain, and we're talking with Tina in California.
[01:41:45.400 --> 01:41:46.400]  Alright, Tina.
[01:41:46.400 --> 01:41:57.400]  We were talking about motion to compel and how ridiculous it is for an attorney to oppose
[01:41:57.400 --> 01:42:02.400]  a motion which is merely trying to get him to follow the rules.
[01:42:02.400 --> 01:42:03.400]  Yeah.
[01:42:03.400 --> 01:42:07.400]  Well, remember, I'm in California.
[01:42:07.400 --> 01:42:10.400]  They have different rules in California.
[01:42:10.400 --> 01:42:19.400]  Yeah, and I just heard over the break that Austin, Texas has some similar thing going
[01:42:19.400 --> 01:42:21.400]  on in their municipal courts.
[01:42:21.400 --> 01:42:24.400]  They say we're not allowed to do discovery.
[01:42:24.400 --> 01:42:27.400]  Like, what is this?
[01:42:27.400 --> 01:42:28.400]  Twilight Zone?
[01:42:28.400 --> 01:42:35.400]  We get too many people come from California, and now all their brains fell out or something.
[01:42:35.400 --> 01:42:36.400]  I don't know what's going on.
[01:42:36.400 --> 01:42:39.400]  Why could we not have discovery?
[01:42:40.400 --> 01:42:45.400]  Well, you mentioned something that really struck me just before the break.
[01:42:45.400 --> 01:42:48.400]  There's two things I want to bring up here.
[01:42:48.400 --> 01:42:55.400]  One is you talked about, and I don't know that many people understand this, I always
[01:42:55.400 --> 01:43:00.400]  thought you had to send discovery just to the other side.
[01:43:00.400 --> 01:43:05.400]  Well, you said, well, it could be anybody, like the mortgage company, because one of
[01:43:05.400 --> 01:43:14.400]  the guys I'm against in a chapter seven, they said, oh, I can't remember what I put
[01:43:14.400 --> 01:43:18.400]  down as a down payment on this mortgage.
[01:43:18.400 --> 01:43:19.400]  Really?
[01:43:19.400 --> 01:43:21.400]  You don't remember that?
[01:43:21.400 --> 01:43:29.400]  So, and again, in terms of a vehicle, what you're saying is I could say...
[01:43:33.400 --> 01:43:34.400]  Say it again?
[01:43:34.400 --> 01:43:35.400]  You could what?
[01:43:38.400 --> 01:43:39.400]  Yes.
[01:43:39.400 --> 01:43:46.400]  Whoever has the evidence that you believe you need to win your case.
[01:43:46.400 --> 01:43:51.400]  That's a very interesting concept, because how many people understand that?
[01:43:51.400 --> 01:43:52.400]  I did not know that.
[01:43:52.400 --> 01:43:57.400]  I thought I would have to send it to the other side and say, how much did you put down on
[01:43:57.400 --> 01:44:01.400]  your mortgage on this, you know, when you bought your house in this year?
[01:44:01.400 --> 01:44:04.400]  And they said, well, I don't remember that at the end.
[01:44:04.400 --> 01:44:07.400]  So now I know I can go directly to the mortgage company.
[01:44:07.400 --> 01:44:10.400]  I can go directly to the car dealership.
[01:44:10.400 --> 01:44:13.400]  That is really a powerful thing.
[01:44:13.400 --> 01:44:20.400]  So thank you for that, because that's really helped me if I get the course to allow me
[01:44:20.400 --> 01:44:26.400]  to have discovery, because they dismissed my case out of hand, and so I never got to file
[01:44:26.400 --> 01:44:27.400]  discovery.
[01:44:27.400 --> 01:44:32.400]  How long do you have when you file your complaint?
[01:44:32.400 --> 01:44:39.400]  Now, mine was an adversary proceeding, but sometimes it's just a regular complaint.
[01:44:39.400 --> 01:44:42.400]  When can you ask for discovery?
[01:44:42.400 --> 01:44:43.400]  Is it immediately?
[01:44:43.400 --> 01:44:45.400]  Is it after 10 days of filing?
[01:44:45.400 --> 01:44:46.400]  Is it after...
[01:44:46.400 --> 01:44:48.400]  When are you legally...
[01:44:48.400 --> 01:44:54.400]  That's highly dependent on individual jurisdictions and individual court rules.
[01:44:54.400 --> 01:45:00.400]  I messed it up with a tax court.
[01:45:00.400 --> 01:45:05.400]  I'm suing the IRS commissioner right now, and I read the rule wrong.
[01:45:05.400 --> 01:45:12.400]  It said 30 days from this day and then 30 days from that day, and I thought I was starting
[01:45:12.400 --> 01:45:22.400]  discovery at the earliest possible time, but it turns out they had 60 days total before
[01:45:22.400 --> 01:45:29.400]  discovery can start, because they say 30 days from the day of Joinder, and Joinder
[01:45:29.400 --> 01:45:38.400]  is when the other side has responded, stepped up to the case.
[01:45:38.400 --> 01:45:47.400]  And since they were so late in their answer, then that affects the time that I can start
[01:45:47.400 --> 01:45:48.400]  discovery.
[01:45:48.400 --> 01:45:50.400]  You have to look at the rules.
[01:45:50.400 --> 01:45:54.400]  And in this case, I mean, I say that, I looked at the rules, and even then I got it mixed
[01:45:54.400 --> 01:46:00.400]  up, because I wasn't looking at the right date just to begin it from.
[01:46:00.400 --> 01:46:02.400]  So, look at the...
[01:46:02.400 --> 01:46:06.400]  See if it measures from Joinder or if it measures from, like you said, from filing.
[01:46:06.400 --> 01:46:09.400]  There may be some that would say 10 days after filing.
[01:46:09.400 --> 01:46:10.400]  It just depends.
[01:46:10.400 --> 01:46:12.400]  You have to look at the rules.
[01:46:12.400 --> 01:46:19.400]  So, if in this one particular case, it was an adversary proceeding, the judge just said
[01:46:19.400 --> 01:46:21.400]  he's put a stop to the case.
[01:46:21.400 --> 01:46:29.400]  I can't remember if it was closed or just stayed the case until they decided on my request
[01:46:29.400 --> 01:46:32.400]  for informal corporates.
[01:46:32.400 --> 01:46:38.400]  So, they literally stopped the case until they decided this.
[01:46:38.400 --> 01:46:39.400]  So, nobody could...
[01:46:39.400 --> 01:46:44.400]  I mean, it told me that I couldn't file anything.
[01:46:44.400 --> 01:46:48.400]  And then when they decided on the informal corporates, they immediately dismissed them
[01:46:48.400 --> 01:46:50.400]  the same day in my case.
[01:46:50.400 --> 01:46:51.400]  Yeah.
[01:46:51.400 --> 01:46:52.400]  And I remember that.
[01:46:52.400 --> 01:46:59.400]  So, then they're really shutting you down completely and not giving you due process.
[01:46:59.400 --> 01:47:02.400]  Is that correct?
[01:47:02.400 --> 01:47:05.400]  It certainly sounds like that.
[01:47:05.400 --> 01:47:06.400]  Yeah.
[01:47:06.400 --> 01:47:09.400]  They deprived you.
[01:47:09.400 --> 01:47:10.400]  Right.
[01:47:10.400 --> 01:47:13.400]  Or you can sue him because that's 1983.
[01:47:13.400 --> 01:47:20.400]  He's a state actor and he deprived you of your inherent and constitutionally protected
[01:47:20.400 --> 01:47:22.400]  right to due process.
[01:47:22.400 --> 01:47:23.400]  Yes.
[01:47:23.400 --> 01:47:26.400]  That's a good point.
[01:47:26.400 --> 01:47:28.400]  I like that.
[01:47:28.400 --> 01:47:29.400]  So, I'm really...
[01:47:29.400 --> 01:47:30.400]  This is really interesting.
[01:47:30.400 --> 01:47:33.400]  I really like what you've gone over tonight.
[01:47:33.400 --> 01:47:34.400]  I didn't call in for that.
[01:47:34.400 --> 01:47:39.400]  I was calling in just to keep you company because you had no callers and to talk about
[01:47:39.400 --> 01:47:42.400]  the Charlie Cook thing.
[01:47:42.400 --> 01:47:45.400]  See, Randy, somebody loves you.
[01:47:45.400 --> 01:47:47.400]  I love you guys.
[01:47:47.400 --> 01:47:52.400]  But then you came up with this great stuff that I've been through and I thought, well,
[01:47:52.400 --> 01:47:59.400]  I'll explain how I was denied this just so that people understand that, hey, we've got
[01:47:59.400 --> 01:48:06.400]  to really make sure that we file the right thing and go over it two or three times because
[01:48:06.400 --> 01:48:07.400]  they don't give us...
[01:48:07.400 --> 01:48:14.400]  Sometimes, well, a lot of the times the judges do not give us any leeway because we are pro
[01:48:14.400 --> 01:48:15.400]  se.
[01:48:15.400 --> 01:48:21.400]  They expect us to follow the rules exactly like a trained attorney who's been through
[01:48:21.400 --> 01:48:26.400]  law school and training and everything else and they say, well, you know, tough luck.
[01:48:26.400 --> 01:48:31.400]  If you can't hire one of us, you have to do exactly the same as we do.
[01:48:31.400 --> 01:48:36.400]  You have to have the same knowledge, which I think is unfair.
[01:48:36.400 --> 01:48:40.400]  Yep, I would definitely agree with you.
[01:48:40.400 --> 01:48:42.400]  It is unfair.
[01:48:42.400 --> 01:48:45.400]  But it's a constant fight.
[01:48:45.400 --> 01:48:48.400]  That sword cuts both ways.
[01:48:48.400 --> 01:48:50.400]  I've had to ask a judge to...
[01:48:50.400 --> 01:48:57.400]  Would you please hold this bar guard member over here, this bar association member, to
[01:48:57.400 --> 01:49:05.400]  the high standards you hold a pro se?
[01:49:05.400 --> 01:49:06.400]  And how did that work out?
[01:49:06.400 --> 01:49:13.400]  Because when I've asked them, the judges don't have to follow the rules.
[01:49:13.400 --> 01:49:15.400]  Right.
[01:49:15.400 --> 01:49:19.400]  And they get to bring their laptops and everything into the courtroom.
[01:49:19.400 --> 01:49:20.400]  Yeah.
[01:49:20.400 --> 01:49:22.400]  That's only for bar guard members.
[01:49:22.400 --> 01:49:23.400]  That's right.
[01:49:23.400 --> 01:49:29.400]  They get special privileges, remember, because they're bar guard members.
[01:49:29.400 --> 01:49:37.400]  And even though they are required to follow the law and the rules and the State Bar Act,
[01:49:37.400 --> 01:49:40.400]  it's never upheld.
[01:49:40.400 --> 01:49:46.400]  Even when you file a complaint, they come up with a reason to deny you.
[01:49:46.400 --> 01:49:48.400]  So I'm still working on that.
[01:49:48.400 --> 01:49:49.400]  I have to go after the State Bar.
[01:49:49.400 --> 01:49:55.400]  I just don't have enough hours in the day, but I really want to go after our State Bar.
[01:49:55.400 --> 01:49:57.400]  Well, I'm sure they've earned it.
[01:49:57.400 --> 01:50:07.400]  I hope they get all of your tenacity and attention, because they've deserved it.
[01:50:07.400 --> 01:50:08.400]  They have.
[01:50:08.400 --> 01:50:13.400]  I just don't hope I don't have run out of time to do it, because it's just despicable.
[01:50:13.400 --> 01:50:18.400]  But I really thank you for bringing up this discovery thing and explaining that you can
[01:50:18.400 --> 01:50:25.400]  ask anybody in related, even remotely related, the case for discovery.
[01:50:25.400 --> 01:50:28.400]  Well, they don't have to be related to the case.
[01:50:28.400 --> 01:50:30.400]  Oh.
[01:50:30.400 --> 01:50:35.400]  It's just somebody that has evidence that you reasonably expect to be able to produce
[01:50:35.400 --> 01:50:39.400]  something admissible out of that evidence.
[01:50:39.400 --> 01:50:48.400]  Look, all the time you have some prosecutor reaching out to Google or T-Mobile and Verizon
[01:50:48.400 --> 01:50:53.400]  and saying, we need you to turn over such and such records.
[01:50:53.400 --> 01:51:02.400]  They're making a discovery request and saying, give me all of this private data that you
[01:51:02.400 --> 01:51:09.400]  have between you and your customer, because that's going to help us win our case.
[01:51:09.400 --> 01:51:12.400]  Oh, you just hit a nail.
[01:51:12.400 --> 01:51:13.400]  Let me ask you this.
[01:51:13.400 --> 01:51:20.400]  If you're sending a subpoena, I have a case where I've won a massive judgment against
[01:51:20.400 --> 01:51:29.400]  a guy and he's still refusing to pay, even though he's being convicted of contempt of
[01:51:29.400 --> 01:51:30.400]  court.
[01:51:30.400 --> 01:51:31.400]  They didn't jail him.
[01:51:31.400 --> 01:51:37.400]  They just said, yes, you're in contempt of court, but we're not going to do anything.
[01:51:37.400 --> 01:51:46.400]  Could I send this subpoena to, let's say, PayPal, Coinbase, all these places that I
[01:51:46.400 --> 01:51:51.400]  think that he may have hidden assets?
[01:51:51.400 --> 01:51:53.400]  Can I do that?
[01:51:53.400 --> 01:51:55.400]  Or do I just have to send it to him?
[01:51:55.400 --> 01:51:56.400]  Yes, you may.
[01:51:56.400 --> 01:52:02.400]  That would be evidence that's admissible in your case.
[01:52:02.400 --> 01:52:05.400]  It's going to go to one of your essential elements.
[01:52:05.400 --> 01:52:07.400]  It's going to be admissible.
[01:52:07.400 --> 01:52:15.400]  This is not evidence that he's a bad guy or evidence that he hates his wife or something
[01:52:15.400 --> 01:52:17.400]  that doesn't connect to your case.
[01:52:17.400 --> 01:52:20.400]  You have some essential elements you're trying to prove.
[01:52:20.400 --> 01:52:23.400]  You've made allegations and you need to prove them up.
[01:52:23.400 --> 01:52:26.400]  You need some evidence that goes with those.
[01:52:26.400 --> 01:52:32.400]  If you think that evidence is being held by some Coinbase administrators, absolutely.
[01:52:32.400 --> 01:52:35.400]  Go reach out and get it.
[01:52:35.400 --> 01:52:38.400]  Yeah, that's the subpoena.
[01:52:38.400 --> 01:52:43.400]  They call it deuces tecum is the bring it with you subpoena.
[01:52:43.400 --> 01:52:50.400]  But you could also ask them, you can just pitch an interrogatory at them.
[01:52:50.400 --> 01:52:54.400]  Say if you're not really up for answering interrogatories, that's fine.
[01:52:54.400 --> 01:52:57.400]  I'll depose you.
[01:52:57.400 --> 01:53:01.400]  I can depose for up to whatever it is, eight hours or 10 hours or whatever it is.
[01:53:01.400 --> 01:53:05.400]  And they have to sit there and be under oath the whole time.
[01:53:05.400 --> 01:53:07.400]  So they don't probably prefer that.
[01:53:07.400 --> 01:53:12.400]  They'd probably rather just give you the records or answer the interrogatory.
[01:53:12.400 --> 01:53:15.400]  I like what you're saying.
[01:53:15.400 --> 01:53:18.400]  This is very interesting.
[01:53:18.400 --> 01:53:22.400]  You've got more things to say afterwards.
[01:53:22.400 --> 01:53:24.400]  Well, I'm glad you called.
[01:53:24.400 --> 01:53:28.400]  We did get a chance to talk about some interesting things there.
[01:53:28.400 --> 01:53:31.400]  Well, actually, we're running out of time now.
[01:53:31.400 --> 01:53:34.400]  It's only two minutes to go.
[01:53:34.400 --> 01:53:37.400]  Yeah, we've got 14 seconds left.
[01:53:37.400 --> 01:53:41.400]  Brandy, you want to wrap us up and send us off?
[01:53:41.400 --> 01:53:42.400]  Okay.
[01:53:42.400 --> 01:53:43.400]  Thank you all for listening.
[01:53:43.400 --> 01:53:47.400]  We'll be back tomorrow night on our four-hour info marathon.
[01:53:47.400 --> 01:53:50.400]  Thank you all for listening and good night.