ROL_2025-10-10_16k.timecode
Detecting language using up to the first 30 seconds. Use `--language` to specify the language
Detected language: English
[00:00.000 --> 00:26.100] BADBOYS
[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 when they come for you?
[01:02.000 --> 01:04.000] Bad boys, bad boys
[01:04.000 --> 01:06.000] Whatcha gonna do when they come for you?
[01:06.000 --> 01:08.000] Bad boys, bad boys
[01:08.000 --> 01:10.000] Bad boys, bad boys
[01:10.000 --> 01:12.000] Bad boys, bad boys
[01:12.000 --> 01:14.000] Whatcha gonna do when they come for you?
[01:14.000 --> 01:16.000] Bad boys, bad boys
[01:16.000 --> 01:18.000] Whatcha gonna do?
[01:18.000 --> 01:20.000] Whatcha gonna do when they come for you?
[01:20.000 --> 01:22.000] Bad boys, bad boys
[01:22.000 --> 01:24.000] Whatcha gonna do?
[01:24.000 --> 01:26.000] Whatcha gonna do when they come for you?
[01:26.000 --> 01:31.600] Bad Boys Bad Boys What you gonna do, what you gonna do
[01:31.600 --> 01:35.900] When they come for you, Bad Boys Bad Boys
[01:35.900 --> 01:41.700] What you gonna do, when they come for you Bad Boysjin
[01:42.200 --> 01:45.000] Bad Boys Bad Boys What you gonna do, what you gonna do
[01:45.100 --> 01:48.200] When they come for you Bad Boys Bad Boys
[01:48.200 --> 01:52.800] What you gonna do, when they come for you Bad Boys Bad Boys
[01:52.800 --> 02:08.080] And Brett and I both have agreed that we don't have anything to talk about.
[02:08.080 --> 02:10.480] So everybody's got to call in.
[02:10.480 --> 02:11.480] Phone lines are on.
[02:11.480 --> 02:12.480] Okay.
[02:12.480 --> 02:13.480] I didn't get the date.
[02:13.480 --> 02:19.760] This is the 10th of the 10th of the 20th, two hundred and two thousand and twenty-fifth.
[02:19.760 --> 02:25.240] Is that right, Brett?
[02:25.240 --> 02:29.560] This is Friday, August the 10th, two thousand and twenty-five.
[02:29.560 --> 02:30.560] You mean October?
[02:30.560 --> 02:34.880] Did I say August?
[02:34.880 --> 02:36.880] I'm confused.
[02:36.880 --> 02:43.760] This is the 10th day of October, two thousand and twenty-five, Friday, a four-hour info
[02:43.760 --> 02:45.960] marathon.
[02:45.960 --> 02:52.680] And I've turned the phone lines on, and I'll talk a little bit more about the strategy
[02:52.680 --> 02:58.120] that I'm putting together to see if we can't get things changed.
[02:58.120 --> 03:06.280] I talked last night about suing the justices of the peace, going down and setting them
[03:06.280 --> 03:11.000] up, asking them to do something that I know they're not going to do so that I can sue
[03:11.000 --> 03:13.600] them for not doing it.
[03:13.600 --> 03:14.600] And I did that.
[03:15.240 --> 03:22.560] I went to one in Southlake, and oh, he was an arrogant little twit.
[03:22.560 --> 03:30.680] And when I handed him criminal complaints, he let me know that in Texas, all complaints
[03:30.680 --> 03:36.160] are given to the prosecuting attorney.
[03:36.160 --> 03:39.040] And I said, no, they're not.
[03:39.480 --> 03:46.560] Well, he was the big-time judge, and that kind of hurt his feelings.
[03:46.560 --> 03:52.160] Now, if he would have started out and he would have said something like, well, in Pakistan,
[03:52.160 --> 03:55.440] the way we do it is, well, then you might have bought it.
[03:55.440 --> 04:00.000] It just so happens you've already cracked the book open and read about Texas.
[04:00.000 --> 04:02.760] Yeah, I had to gall to read the book.
[04:02.760 --> 04:08.440] Well, this guy's got a jurist doctorate, so he knows everything.
[04:08.840 --> 04:15.880] Well, he threw me out, and there's a big uproar.
[04:15.880 --> 04:21.920] I asked the bailiff to arrest him, and he did not see the humor in that.
[04:21.920 --> 04:27.160] And then when I was making criminal complaints to the bailiff against him, he came and started
[04:27.160 --> 04:33.560] to interfere, and I told him he ought to stand down, and I don't think he liked that either.
[04:33.680 --> 04:41.800] I guess he didn't feel like I held him in high enough regard, and he was right.
[04:41.800 --> 04:44.800] I didn't.
[04:44.800 --> 04:45.800] So anyway…
[04:45.800 --> 04:50.520] There are people like that who just don't believe that a black robe confers majestic
[04:50.520 --> 04:53.080] deity.
[04:53.080 --> 04:55.920] I am afraid I have an issue.
[04:55.920 --> 04:58.360] My headset is crashing out.
[04:59.160 --> 05:01.160] Give me just a second to switch them out.
[05:04.160 --> 05:06.160] All right.
[05:09.160 --> 05:23.160] Well, while you're working with that, maybe I'll invite people to call 512-646-1984.
[05:23.960 --> 05:28.840] I was thinking one thing we might do is if you call in, you've got some kind of question
[05:28.840 --> 05:37.680] or legal issue, we will do a real-time research, like, oh, let's find it in Idaho law, and
[05:37.680 --> 05:40.240] let's see what your deal is.
[05:40.240 --> 05:42.280] Is this civil, criminal?
[05:42.280 --> 05:50.440] Let's make an example out of going to look it up, and that way people can maybe feel
[05:50.720 --> 05:54.720] more confident and comfortable when they need to look something up for themselves.
[05:54.720 --> 05:57.720] They have maybe more of a sense of how to do that.
[05:57.720 --> 06:02.720] What do you think, Randy?
[06:02.720 --> 06:07.720] Still having mic issues?
[06:07.720 --> 06:10.720] All right.
[06:10.720 --> 06:16.240] Well, I don't want to totally derail you here.
[06:16.240 --> 06:18.240] Start off on another subject.
[06:19.040 --> 06:22.040] I think it would be really good to talk about essential elements.
[06:22.040 --> 06:27.040] But if we are not hearing from you yet.
[06:27.040 --> 06:29.040] Yeah, I'm back up.
[06:29.040 --> 06:30.040] All right.
[06:30.040 --> 06:31.040] There we go.
[06:31.040 --> 06:32.040] My mixer closer cooks.
[06:32.040 --> 06:38.040] This cable is too short, and I jerked the charger kegel out.
[06:38.040 --> 06:39.040] OK.
[06:42.040 --> 06:45.040] My headset is way too loud.
[06:45.840 --> 06:48.840] Trying to get that adjusted out.
[06:48.840 --> 06:53.840] So you want to do a little research?
[06:53.840 --> 06:59.840] I was thinking if people have a question, we could walk through it with them live, real-time,
[06:59.840 --> 07:03.840] and let them see how to do that.
[07:03.840 --> 07:10.840] Like, where would you go to find – you have to identify what's the nature and the cause
[07:10.840 --> 07:15.840] and go look up those rules or the Constitution, the statutes, whatever is going to be the
[07:15.840 --> 07:21.640] legal authority to speak to that issue, and we'll go look it up real-time and help them
[07:21.640 --> 07:26.640] with their issue, help them over one hump that they maybe didn't realize.
[07:26.640 --> 07:32.640] And then in the process, we're helping anybody else feel confident doing the same thing with
[07:32.640 --> 07:35.640] their state and their issue.
[07:36.440 --> 07:41.440] In the meantime, I was thinking we could also talk about essential elements.
[07:41.440 --> 07:48.440] This is something that so many people don't get, how critical it is to focus on the essential
[07:48.440 --> 07:49.440] elements.
[07:49.440 --> 07:54.440] They go off telling their story and rambling about all this stuff, and these things really
[07:54.440 --> 07:57.440] happened, and they really were bad.
[07:57.440 --> 08:00.440] I mean, it hurt their feelings and everything.
[08:01.240 --> 08:14.240] But when dealing with this giant cloud of facts they have in their mind, they only need
[08:14.240 --> 08:20.240] a few of those facts to very efficiently address the issue.
[08:20.240 --> 08:27.240] So, yeah, this thing about essential elements I think is really – is key.
[08:28.040 --> 08:34.040] Well, anybody who's – if you're charged with a crime, one of the – the first thing
[08:34.040 --> 08:39.540] you should do is get the code you're charged with and read it.
[08:39.540 --> 08:48.540] I have talked to people who have been in a prosecution process for quite a while, and
[08:48.540 --> 08:51.040] I ask them, what are you charged with?
[08:51.040 --> 08:54.040] I'm charged with doing this thing.
[08:54.840 --> 08:56.840] Well, what statute is that?
[08:57.840 --> 08:59.840] I have no idea.
[09:01.840 --> 09:06.840] I got tickets that accuse me of doing stuff.
[09:07.840 --> 09:09.840] Well, what is that?
[09:09.840 --> 09:12.840] That is insufficient notice.
[09:12.840 --> 09:16.840] If it says I'm speeding, okay, that's not good enough.
[09:17.640 --> 09:28.640] Was I exceeding the maximum allowable speed limit on any road to the state of Texas?
[09:28.640 --> 09:30.640] Is there one?
[09:30.640 --> 09:35.640] Was I exceeding a posted speed limit?
[09:35.640 --> 09:41.640] One of those posted speed limits that are specifically identified as being for commercial
[09:41.640 --> 09:43.640] or for higher activity.
[09:43.640 --> 09:45.640] Yeah, I was going to get to that.
[09:45.640 --> 09:47.440] It even says that.
[09:47.440 --> 09:52.440] That's why it has to say exceeding the posted speed limit.
[09:52.440 --> 10:04.440] Now, I know that I'm being accused of engaging in a commercial activity and failing to abide
[10:04.440 --> 10:10.440] by a commercial covenant of the contract I entered into.
[10:10.440 --> 10:15.400] But in any case, in anything you're charged with, if you're charged with raising a
[10:15.400 --> 10:19.400] ruckus, okay, what's the reason a ruckus means?
[10:19.400 --> 10:24.400] Well, maybe it means disorderly conduct, maybe it means something else.
[10:24.400 --> 10:30.400] So just saying that you did something, that you were disorderly.
[10:30.400 --> 10:42.400] Well, how was I disorderly to the point that it was elevated to a criminal act?
[10:42.400 --> 10:48.400] Get the pattern jury charges.
[10:48.400 --> 10:51.400] Everybody should have a copy of pattern jury charges.
[10:51.400 --> 11:01.400] And if you're accused of a crime, if you can't find a statute that reflects the allegation,
[11:01.400 --> 11:05.400] then the allegation is insufficient on its face.
[11:05.400 --> 11:09.400] Yeah, and let's take that same truth and flip it around to the other side.
[11:09.400 --> 11:17.400] If you need to accuse somebody of a crime, go again, read the crime, go get the statute,
[11:17.400 --> 11:24.400] the pattern jury charges, then you can see what the essential elements are.
[11:24.400 --> 11:27.400] That's what you need to be supporting with facts.
[11:27.400 --> 11:30.400] The rest of it's not worth talking about.
[11:30.400 --> 11:34.400] Just bring up the facts that support those elements.
[11:34.400 --> 11:39.400] In the same way that as a defendant you're looking for a way to negate one of those
[11:39.400 --> 11:43.400] or to notice one of them that they failed to allege,
[11:43.400 --> 11:50.400] if you are bringing the charge in your sworn criminal complaint,
[11:50.400 --> 11:56.400] look at all those essential elements on those jury instructions
[11:56.400 --> 12:01.400] and make sure that the facts go to support every one of those elements.
[12:01.400 --> 12:05.400] And any affirmative defenses that are on there.
[12:05.400 --> 12:11.400] One comes to mind that I was looking at recently.
[12:11.400 --> 12:18.400] It is for a sexual battery of a child under 12.
[12:18.400 --> 12:23.400] Sorry.
[12:23.400 --> 12:28.400] That is...
[12:28.400 --> 12:32.400] Okay, so there are three elements to that.
[12:32.400 --> 12:38.400] The one that was being charged is relative to a guardian who did this.
[12:38.400 --> 12:42.400] The guardian was the offender, so that's one of the elements.
[12:43.400 --> 12:52.400] Of course, one of the elements is that the offender had to cause this contact
[12:52.400 --> 12:59.400] or penetration with all these different lists of genitalia and vocations.
[12:59.400 --> 13:01.400] So that's one element.
[13:01.400 --> 13:06.400] And then the third element is the age of the child victim.
[13:06.400 --> 13:11.400] They had to be under 12 at the time.
[13:11.400 --> 13:15.400] So those are the only three elements that need to be addressed.
[13:15.400 --> 13:24.400] Then you also have an affirmative defense that could theoretically be raised by the defendant.
[13:24.400 --> 13:31.400] And it says that if there is a bona fide medical reason for this,
[13:31.400 --> 13:33.400] then it's not the crime.
[13:33.400 --> 13:38.400] So the legislature has carved out that exception for doctors that need to do,
[13:38.400 --> 13:42.400] take care of some surgery or do whatever they need to do.
[13:42.400 --> 13:46.400] Okay, so yeah, they touched the area, but that's not the crime.
[13:46.400 --> 13:49.400] Or a legitimate enema.
[13:49.400 --> 13:51.400] Right, yeah.
[13:51.400 --> 13:58.400] So you need to give those three essential elements, plus negate the affirmative defense.
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[15:58.400 --> 16:02.400] If you are listening to the Logos Radio Network,
[16:02.400 --> 16:06.400] logosradionetwork.com
[16:28.400 --> 16:31.400] This is justice
[16:36.400 --> 16:39.400] The world is spinning like it's out of control
[16:39.400 --> 16:42.400] On the edge of a hole inside a deep dark hole
[16:42.400 --> 16:47.400] I'm always on the lookout for something to soothe my soul
[16:49.400 --> 16:54.400] So I sit back and I watch the evidence unfold
[16:55.400 --> 17:00.400] And I see justice is the goal
[17:02.400 --> 17:07.400] Yeah, justice is the goal
[17:07.400 --> 17:10.400] All right, welcome back to the Rule of Law Radio, Randy Kelton.
[17:10.400 --> 17:15.400] I'm Brett Fountain, and we are waiting for some callers here.
[17:15.400 --> 17:19.400] We've got our caller lines open, got plenty of room on the board.
[17:19.400 --> 17:23.400] 512-646-1984
[17:23.400 --> 17:29.400] My thought is, if you have a question, some legal issue,
[17:29.400 --> 17:32.400] we can look up something together.
[17:32.400 --> 17:37.400] And while we're helping you find the law or find the rules,
[17:37.400 --> 17:41.400] we'll be encouraging other people to see how simple it is
[17:41.400 --> 17:45.400] and how straightforward it is to go look up whatever it is that you need.
[17:47.400 --> 17:52.400] A lot of people take it the hard way, and they go digging all in the wrong places
[17:52.400 --> 17:58.400] and finding all these weird myths about, well, this is how they get you.
[17:58.400 --> 18:03.400] It's the birth certificate, it's the, oh, so many nonsense rabbit trails,
[18:03.400 --> 18:07.400] and they make it so hard, but really, it's straightforward.
[18:07.400 --> 18:14.400] You can go look for yourself, and we'll walk with you through that, and you can see.
[18:15.400 --> 18:19.400] Anyway, so we were talking about essential elements,
[18:19.400 --> 18:27.400] and the value of, from either side, as a plaintiff or a defendant,
[18:27.400 --> 18:31.400] that's the core of where you need to focus all your attention,
[18:31.400 --> 18:34.400] because the rest of it is just fluff.
[18:36.400 --> 18:43.400] I mentioned recently a lady in Ohio who thought she was accused.
[18:43.400 --> 18:45.400] Look at this. As soon as this little girl...
[18:45.400 --> 18:47.400] Whoa, what was that?
[18:47.400 --> 18:52.400] That shouldn't have come over. I opened up my browser.
[18:52.400 --> 18:54.400] I was going to do some searching, and it opened.
[18:54.400 --> 18:57.400] Something started talking. It should not have came over.
[19:00.400 --> 19:03.400] You were talking about how to do this little research,
[19:03.400 --> 19:07.400] and I'm sitting here thinking, well, it's changing.
[19:07.400 --> 19:15.400] We're getting old. Us old guys, we forget that it is the 21st century,
[19:15.400 --> 19:19.400] and I opened up the Brave browser. I'm using the Brave browser,
[19:19.400 --> 19:26.400] because unlike Google, it blocks all of the pop-ups.
[19:26.400 --> 19:31.400] I watch YouTube on it, and I don't get any ads at all.
[19:31.400 --> 19:36.400] It blocks all of them, but it's got its own AI engine.
[19:36.400 --> 19:41.400] It's not a real aggressive AI engine,
[19:41.400 --> 19:45.400] but it's designed to help you with searches.
[19:45.400 --> 19:48.400] The last few times we were doing a show,
[19:48.400 --> 19:51.400] and somebody would ask a question like,
[19:51.400 --> 19:55.400] where do you find typing in Hoarder?
[19:55.400 --> 19:59.400] I like the one from Brave. Brave is a good AI.
[19:59.400 --> 20:02.400] They've got a good combination of learning models.
[20:03.400 --> 20:17.400] Where do you find pattern jury charges for criminal acts?
[20:17.400 --> 20:22.400] That's how we do research. We just put it in there, and boom.
[20:22.400 --> 20:25.400] Pattern jury charges for criminal acts in Texas
[20:25.400 --> 20:28.400] are primarily found in the pattern jury charges
[20:28.400 --> 20:33.400] published by the State Bar of Texas.
[20:33.400 --> 20:39.400] So there's something else people should know about that.
[20:39.400 --> 20:42.400] The word jury is going to be there every time,
[20:42.400 --> 20:47.400] but the word before it might be standard or might be pattern.
[20:47.400 --> 20:51.400] It might be pattern jury charges or standard jury charges,
[20:51.400 --> 20:57.400] and the word at the end might be charges or it might be instructions.
[20:57.400 --> 21:01.400] Standard jury instructions, pattern jury instructions,
[21:01.400 --> 21:03.400] it's a little bit different from state to state,
[21:03.400 --> 21:07.400] so just know that there's a couple of variations there.
[21:07.400 --> 21:11.400] And when you find it, you're going to open that thing up,
[21:11.400 --> 21:14.400] and you're going to go, my goodness, what is all this crap?
[21:14.400 --> 21:16.400] There's so much stuff in here.
[21:16.400 --> 21:20.400] It's so bloated with all kinds of instructions.
[21:20.400 --> 21:24.400] These are a lot of different things that the judge tells the jury
[21:24.400 --> 21:28.400] or something maybe the bailiff will tell the jury,
[21:28.400 --> 21:33.400] but usually you can skim right past all of that
[21:33.400 --> 21:37.400] and get to a tiny checklist.
[21:37.400 --> 21:42.400] What you want is for any given crime, you want a tiny checklist.
[21:42.400 --> 21:46.400] The judge will almost always say to the jury,
[21:46.400 --> 21:51.400] this is what you must find.
[21:51.400 --> 21:58.400] And what he says after that or some variation on that,
[21:58.400 --> 22:02.400] what comes up after that will be all of the elements of the crime
[22:02.400 --> 22:06.400] that must be pled and must be proven.
[22:06.400 --> 22:07.400] That's where you find it.
[22:07.400 --> 22:09.400] They've got a whole bunch of jury-charged stuff
[22:09.400 --> 22:12.400] that says you can't talk to other people
[22:12.400 --> 22:15.400] and you can't take bets on the outcome.
[22:15.400 --> 22:17.400] They've got all kinds of stuff.
[22:17.400 --> 22:19.400] That's what Brad was talking about.
[22:19.400 --> 22:22.400] But when he gets to that part, this is what you must find
[22:22.400 --> 22:28.400] if you're arguing anything other than that.
[22:28.400 --> 22:36.400] And it reminds me of the time I sat as a jury in a mock trial in Massachusetts.
[22:36.400 --> 22:38.400] These are a couple of patriot guys,
[22:38.400 --> 22:41.400] and they're arguing all this birth certificate
[22:41.400 --> 22:44.400] and how you can't discharge debt.
[22:44.400 --> 22:48.400] You can't, what do they call it, not pay off a debt.
[22:48.400 --> 22:51.400] Extinguish a debt. You can only discharge a debt.
[22:51.400 --> 22:53.400] And I'm sitting there tapping my fingers.
[22:53.400 --> 22:57.400] Okay, so what, so what, so what?
[22:57.400 --> 23:00.400] Even if it's true, it doesn't go to anything.
[23:00.400 --> 23:02.400] Go ahead, say that.
[23:02.400 --> 23:04.400] I said even if that were true,
[23:04.400 --> 23:07.400] it doesn't go to anything on that checklist.
[23:07.400 --> 23:11.400] Always, you know, I'm thinking everything he's saying.
[23:11.400 --> 23:12.400] I'm sitting here.
[23:12.400 --> 23:14.400] When I shifted into the judge's role,
[23:14.400 --> 23:21.400] it was different because I'm sitting here thinking,
[23:21.400 --> 23:25.400] okay, you're saying all this stuff, so what?
[23:25.400 --> 23:29.400] If I can't answer, so what?
[23:29.400 --> 23:33.400] It's a waste of time. It means nothing.
[23:33.400 --> 23:40.400] And the only thing I want to hear are the elements of the crime.
[23:40.400 --> 23:42.400] Are they there? Are they not there?
[23:42.400 --> 23:43.400] Are they not there?
[23:43.400 --> 23:48.400] If the prosecution presented all the elements of the crime,
[23:48.400 --> 23:53.400] do you have a defense to the elements of the crime?
[23:53.400 --> 23:57.400] You can have all the defenses you want,
[23:57.400 --> 24:00.400] but if they don't go to the elements of the crime,
[24:00.400 --> 24:03.400] well, you can bet the other side is going to jump up and down
[24:03.400 --> 24:07.400] railing right-sending nation and object all over the place
[24:07.400 --> 24:13.400] just to keep you arguing what doesn't matter.
[24:13.400 --> 24:16.400] Not going to tell you that doesn't matter
[24:16.400 --> 24:19.400] because they want you running down that rabbit hole.
[24:19.400 --> 24:21.400] Exactly.
[24:21.400 --> 24:23.400] They're really hoping that they can keep you distracted
[24:23.400 --> 24:27.400] and off on your own tangent that you created
[24:27.400 --> 24:31.400] just long enough for the case to be, to the gavel to get banged,
[24:31.400 --> 24:36.400] and you never pled, you never addressed those elements.
[24:36.400 --> 24:40.400] And I do this with what I've been doing going after these guys.
[24:40.400 --> 24:42.400] I do this to them.
[24:42.400 --> 24:45.400] They tell me what their policy is, and I say,
[24:45.400 --> 24:51.400] so what do I care about your policy?
[24:51.400 --> 24:56.400] Your policy doesn't go to the elements.
[24:56.400 --> 25:00.400] I want to know what you did in compliance
[25:00.400 --> 25:04.400] with what the law commands you to do.
[25:04.400 --> 25:08.400] Oh, well, we don't take people to magistrate.
[25:08.400 --> 25:10.400] We take them to jail.
[25:10.400 --> 25:16.400] Well, as far as I'm concerned, that's an admission of guilt.
[25:16.400 --> 25:18.400] They think it's okay.
[25:18.400 --> 25:20.400] They think they're arguing their case.
[25:20.400 --> 25:21.400] They're not.
[25:21.400 --> 25:23.400] I don't have anything to do with their case.
[25:23.400 --> 25:26.400] So know what the elements are,
[25:26.400 --> 25:28.400] and you get those from the jury charges,
[25:28.400 --> 25:32.400] and I'm going to shut up now, Bert.
[25:32.400 --> 25:33.400] That's it.
[25:33.400 --> 25:35.400] That's exactly right.
[25:35.400 --> 25:38.400] So essential elements.
[25:38.400 --> 25:41.400] Everybody pay attention to the essential elements.
[25:41.400 --> 25:42.400] Focus on them.
[25:42.400 --> 25:44.400] If you don't know what they are, go look them up.
[25:44.400 --> 25:48.400] That's the first thing that needs to be known
[25:48.400 --> 25:55.400] so that you can select the facts that go to those.
[25:55.400 --> 26:00.400] Everything else, like we were saying, is just wasting time.
[26:01.400 --> 26:03.400] It doesn't matter if you're on the plaintiff's side
[26:03.400 --> 26:05.400] or if you're on the defendant's side.
[26:05.400 --> 26:08.400] Those elements should be your focus.
[26:14.400 --> 26:18.400] And if you're doing legal research,
[26:18.400 --> 26:26.400] you really need to get a litigation guide,
[26:26.400 --> 26:31.400] because you can't always just sit down
[26:31.400 --> 26:37.400] and decide what all of the arguments and defenses are.
[26:37.400 --> 26:42.400] But litigation guides have sorted those out.
[26:42.400 --> 26:44.400] O'Connor's is absolutely the best one,
[26:44.400 --> 26:47.400] and it really doesn't matter what state,
[26:47.400 --> 26:50.400] because all of the codes are pretty much the same.
[26:50.400 --> 26:55.400] And O'Connor's will walk you through all of the elements.
[26:55.400 --> 26:56.400] Very helpful.
[26:56.400 --> 26:58.400] It's great.
[27:01.400 --> 27:04.400] It's clear cell phones have changed the way we live and work,
[27:04.400 --> 27:06.400] but have they negatively affected our health?
[27:06.400 --> 27:08.400] I'm Dr. Catherine Albrecht, and I'll be back in just a moment
[27:08.400 --> 27:10.400] with new findings about how cell phones
[27:10.400 --> 27:13.400] may actually alter our brain chemistry.
[27:13.400 --> 27:15.400] Privacy is under attack.
[27:15.400 --> 27:17.400] When you give up data about yourself,
[27:17.400 --> 27:19.400] you'll never get it back again.
[27:19.400 --> 27:21.400] And once your privacy is gone,
[27:21.400 --> 27:24.400] you'll find your freedoms will start to vanish too.
[27:24.400 --> 27:27.400] So protect your rights, say no to surveillance,
[27:27.400 --> 27:29.400] and keep your information to yourself.
[27:29.400 --> 27:32.400] Privacy, it's worth hanging on to.
[27:32.400 --> 27:35.400] This public service announcement is brought to you by StartPage.com,
[27:35.400 --> 27:39.400] the private search engine alternative to Google, Yahoo, and Bing.
[27:39.400 --> 27:42.400] Start over with StartPage.
[27:43.400 --> 27:45.400] Cell phones emit radio frequency energy.
[27:45.400 --> 27:46.400] It's a fact.
[27:46.400 --> 27:48.400] But whether it's dangerous to have a phone
[27:48.400 --> 27:51.400] beaming this kind of radiation near your head has been disputed.
[27:51.400 --> 27:53.400] Some have blamed it for brain tumors,
[27:53.400 --> 27:55.400] while cell phone companies have downplayed concerns.
[27:55.400 --> 27:58.400] Well, now the Journal of the American Medical Association
[27:58.400 --> 28:01.400] is confirming that cell phones affect brain chemistry.
[28:01.400 --> 28:05.400] A study of 47 volunteers showed that glucose metabolism
[28:05.400 --> 28:08.400] in the area of the brain closest to the cell phone antenna
[28:08.400 --> 28:10.400] increases when the cell phone is on.
[28:10.400 --> 28:13.400] While researchers aren't sure whether this exposure causes damage,
[28:13.400 --> 28:15.400] I'm not taking any chances.
[28:15.400 --> 28:17.400] I always keep the phone far from my body,
[28:17.400 --> 28:19.400] and I use a corded headset.
[28:19.400 --> 28:20.400] I'm Dr. Catherine Albrecht.
[28:20.400 --> 28:23.400] More news and information at CatherineAlbrecht.com.
[28:49.400 --> 28:52.400] Are you looking to have a closer relationship with God
[28:52.400 --> 28:54.400] and a better understanding of His Word?
[28:54.400 --> 28:57.400] Then tune in to LogosRadioNetwork.com on Wednesdays
[28:57.400 --> 29:00.400] from 8 to 10 p.m. Central Time for Scripture Talk,
[29:00.400 --> 29:03.400] where Nana and her guests discuss the Scriptures
[29:03.400 --> 29:06.400] in accord with 2 Timothy 2.15.
[29:06.400 --> 29:08.400] Study to show thy self-approved unto God
[29:08.400 --> 29:11.400] that the Lord hath given thee the power of the Spirit
[29:11.400 --> 29:13.400] and hath given thee the power of the Spirit
[29:13.400 --> 29:16.400] and hath given thee the power of the Spirit
[29:17.400 --> 29:19.400] Study to show thy self-approved unto God,
[29:19.400 --> 29:21.400] a workman that needeth not to be ashamed,
[29:21.400 --> 29:23.400] rightly dividing the word of truth.
[29:23.400 --> 29:26.400] Starting in January, our first-hour studies
[29:26.400 --> 29:29.400] are in the Book of Mark, where we'll go verse by verse
[29:29.400 --> 29:31.400] and discuss the true gospel message.
[29:31.400 --> 29:34.400] Our second-hour topical studies will vary each week
[29:34.400 --> 29:36.400] with discussions on sound doctrine
[29:36.400 --> 29:38.400] and Christian character development.
[29:38.400 --> 29:40.400] We wish to reflect God's light
[29:40.400 --> 29:43.400] and be a blessing to all those with a hearing ear.
[29:43.400 --> 29:45.400] Our goal is to strengthen our faith
[29:45.400 --> 29:47.400] to transform ourselves more into the likeness
[29:47.400 --> 29:49.400] of our Lord and Savior Jesus.
[29:49.400 --> 29:51.400] So tune in to Scripture Talk
[29:51.400 --> 29:53.400] live on logosradionetwork.com
[29:53.400 --> 29:55.400] Wednesdays from 8 to 10 p.m.
[29:55.400 --> 29:59.400] to inspire and motivate your studies of the Scriptures.
[30:02.400 --> 30:05.400] You're listening to the Logos Radio Network
[30:05.400 --> 30:09.400] at logosradionetwork.com
[30:10.400 --> 30:15.400] Yeah, I got a warrant
[30:15.400 --> 30:18.400] And I'm gonna solve them
[30:18.400 --> 30:21.400] To the hell I'll government them
[30:21.400 --> 30:23.400] Prosecute them
[30:23.400 --> 30:25.400] Okay
[30:25.400 --> 30:27.400] Okay
[30:27.400 --> 30:29.400] Okay
[30:29.400 --> 30:31.400] Citizens are raised
[30:31.400 --> 30:33.400] For distribution
[30:33.400 --> 30:35.400] Citizens are raised
[30:35.400 --> 30:37.400] For addiction
[30:37.400 --> 30:39.400] For addiction
[30:39.400 --> 30:41.400] Well, I need a prosecutor
[30:41.400 --> 30:43.400] To come and help me
[30:43.400 --> 30:45.400] Prosecute them wicked leader
[30:45.400 --> 30:47.400] You see, them murderers are liars
[30:47.400 --> 30:49.400] Them tell me, them are liars
[30:49.400 --> 30:51.400] They tell sweet stories
[30:51.400 --> 30:53.400] I don't believe what they tell me
[30:53.400 --> 30:55.400] 3% of Americans vote for Bush
[30:55.400 --> 30:57.400] So how the hell you get the presidency?
[30:57.400 --> 30:59.400] That's why I have a warrant for you
[30:59.400 --> 31:01.400] Everybody listen carefully
[31:01.400 --> 31:03.400] Listen to the words of the three shoes
[31:03.400 --> 31:05.400] Passy, citizens are raised
[31:05.400 --> 31:07.400] For distribution
[31:07.400 --> 31:09.400] Citizens are raised
[31:09.400 --> 31:11.400] For distribution
[31:11.400 --> 31:13.400] I'm a warrant
[31:13.400 --> 31:15.400] For addiction
[31:15.400 --> 31:17.400] Citizens are raised
[31:17.400 --> 31:19.400] For distribution
[31:19.400 --> 31:21.400] I'm a warrant
[31:21.400 --> 31:23.400] For addiction
[31:23.400 --> 31:25.400] Well, we not forget Rumsfield
[31:25.400 --> 31:27.400] Warrant for him
[31:27.400 --> 31:29.400] Aldick Cheney, warrant for him
[31:29.400 --> 31:31.400] Right above the citizens in the country
[31:31.400 --> 31:33.400] All right, welcome back to the Rule of Law Radio
[31:33.400 --> 31:35.400] Randy Kelton, I'm Brett Fountain
[31:35.400 --> 31:37.400] And
[31:37.400 --> 31:39.400] We're talking about essential elements
[31:39.400 --> 31:41.400] But let me give out the phone number
[31:41.400 --> 31:45.400] 512-646-1984
[31:45.400 --> 31:47.400] Call us, we've got room on the board
[31:47.400 --> 31:49.400] We'll be happy to look at your legal questions
[31:49.400 --> 31:51.400] Comments with you
[31:51.400 --> 31:53.400] Essential elements
[31:53.400 --> 31:55.400] And
[31:55.400 --> 31:57.400] I wanted to just
[31:57.400 --> 31:59.400] I was remembering a couple of weeks ago
[31:59.400 --> 32:01.400] Or, I don't know, recently
[32:01.400 --> 32:03.400] I was talking about
[32:03.400 --> 32:05.400] The lady in Ohio
[32:05.400 --> 32:07.400] Who thought that she was accused
[32:07.400 --> 32:09.400] Of
[32:09.400 --> 32:11.400] Operating a vehicle under the influence
[32:11.400 --> 32:13.400] The
[32:13.400 --> 32:15.400] Arresting officers
[32:15.400 --> 32:17.400] Definitely gave her that impression
[32:17.400 --> 32:19.400] But she didn't know what these
[32:19.400 --> 32:21.400] Little code numbers are
[32:21.400 --> 32:23.400] You know, they write these little codes
[32:23.400 --> 32:25.400] And little cryptic abbreviations
[32:25.400 --> 32:27.400] Of things, and she didn't know
[32:27.400 --> 32:29.400] What that was, and she didn't go look it up
[32:29.400 --> 32:31.400] And she's freaking out
[32:31.400 --> 32:33.400] Thinking that she's about to lose her job
[32:33.400 --> 32:35.400] And be banned from
[32:35.400 --> 32:37.400] Everything, because now she's going to be a
[32:37.400 --> 32:39.400] Felon
[32:39.400 --> 32:41.400] Well guess what
[32:41.400 --> 32:43.400] That wasn't what they ended up
[32:43.400 --> 32:45.400] Accusing her of
[32:47.400 --> 32:49.400] It was a minor misdemeanor
[32:49.400 --> 32:51.400] They call it failure to control
[32:51.400 --> 32:53.400] And all it means is
[32:53.400 --> 32:55.400] You didn't quite stop fast enough
[32:55.400 --> 32:57.400] And
[32:57.400 --> 32:59.400] They don't even put it on your record
[32:59.400 --> 33:01.400] It's so minor
[33:01.400 --> 33:03.400] So, everybody
[33:03.400 --> 33:05.400] Please, go read
[33:05.400 --> 33:07.400] Go find what it is that you're accused of
[33:07.400 --> 33:09.400] And read it
[33:09.400 --> 33:11.400] And you'll see, you can probably
[33:11.400 --> 33:13.400] Most of the statutes are written well enough
[33:13.400 --> 33:15.400] That you can, just by looking at it
[33:15.400 --> 33:17.400] You can figure out what the essential elements are
[33:17.400 --> 33:19.400] So, even if you can't
[33:19.400 --> 33:21.400] Find your
[33:21.400 --> 33:23.400] Your jury charges that has the checklist right there
[33:23.400 --> 33:25.400] For you
[33:25.400 --> 33:27.400] It may just be obvious by just looking at it
[33:27.400 --> 33:29.400] The thing that the jury charges
[33:29.400 --> 33:31.400] Helps with
[33:31.400 --> 33:33.400] Is to identify
[33:33.400 --> 33:35.400] Without having to look all over the place
[33:35.400 --> 33:37.400] It helps you to identify what the
[33:37.400 --> 33:39.400] Affirmative defenses could be
[33:39.400 --> 33:41.400] That
[33:41.400 --> 33:43.400] Would go with that
[33:43.400 --> 33:45.400] Or there might be some case law
[33:45.400 --> 33:47.400] That says
[33:47.400 --> 33:49.400] That the finger
[33:49.400 --> 33:51.400] Is considered an organ
[33:51.400 --> 33:53.400] Or something like that
[33:53.400 --> 33:55.400] That is
[33:55.400 --> 33:57.400] You wouldn't
[33:57.400 --> 33:59.400] Necessarily be able to find that
[33:59.400 --> 34:01.400] Just by looking in the statute
[34:01.400 --> 34:03.400] But
[34:03.400 --> 34:05.400] It'll be there in the patterned jury charges for you
[34:05.400 --> 34:07.400] Anyway
[34:07.400 --> 34:09.400] It also
[34:09.400 --> 34:11.400] You need to
[34:11.400 --> 34:13.400] Find out
[34:13.400 --> 34:15.400] What you don't have to prove
[34:15.400 --> 34:17.400] Or disprove
[34:17.400 --> 34:19.400] Yeah, that's really helpful
[34:19.400 --> 34:21.400] If you try to
[34:21.400 --> 34:23.400] Disprove something
[34:23.400 --> 34:25.400] You don't need to disprove
[34:25.400 --> 34:27.400] You can count on
[34:27.400 --> 34:29.400] The prosecutor
[34:29.400 --> 34:31.400] Or whoever's on the other side
[34:31.400 --> 34:33.400] Just to jump up and down
[34:33.400 --> 34:35.400] And rail in righteous indignation
[34:35.400 --> 34:37.400] And keep you arguing about it
[34:37.400 --> 34:39.400] They're not going to tell you
[34:39.400 --> 34:41.400] They're not going to be fair
[34:41.400 --> 34:43.400] They're not going to be honest
[34:43.400 --> 34:45.400] If you make a wrong argument
[34:45.400 --> 34:47.400] They're going to love that
[34:47.400 --> 34:49.400] So you need to know
[34:49.400 --> 34:51.400] What you need to talk about
[34:51.400 --> 34:53.400] And what you don't need to talk about
[34:53.400 --> 34:55.400] Exactly
[34:55.400 --> 34:57.400] It's not always
[34:57.400 --> 34:59.400] Obvious
[34:59.400 --> 35:01.400] So we've got
[35:01.400 --> 35:03.400] Here I know we were just about to shift into
[35:03.400 --> 35:05.400] Research but
[35:05.400 --> 35:07.400] We have a caller on the board here
[35:07.400 --> 35:09.400] Go ahead and
[35:09.400 --> 35:11.400] Go to
[35:11.400 --> 35:13.400] Our caller
[35:13.400 --> 35:15.400] Steven
[35:15.400 --> 35:17.400] In Texas
[35:17.400 --> 35:19.400] Hey Steven, what's on your mind tonight?
[35:19.400 --> 35:21.400] Not
[35:21.400 --> 35:23.400] Too far off topic
[35:23.400 --> 35:25.400] And
[35:25.400 --> 35:27.400] I just wanted to add
[35:27.400 --> 35:29.400] I guess I kind of
[35:29.400 --> 35:31.400] Struggle
[35:31.400 --> 35:33.400] With doing a statement
[35:33.400 --> 35:35.400] Of facts or laying out
[35:35.400 --> 35:37.400] The background history on something
[35:37.400 --> 35:39.400] That went into
[35:39.400 --> 35:41.400] Into
[35:41.400 --> 35:43.400] The case I'm putting together
[35:43.400 --> 35:45.400] And I wanted to ask what's reasonable
[35:45.400 --> 35:47.400] And prudent
[35:47.400 --> 35:49.400] To put in when you've been dealing with something
[35:49.400 --> 35:51.400] For almost as many years
[35:51.400 --> 35:53.400] As
[35:53.400 --> 35:55.400] California has
[35:55.400 --> 35:57.400] I don't know what all
[35:57.400 --> 35:59.400] Is going to put in the statement of facts
[35:59.400 --> 36:01.400] Leading up to the actual
[36:01.400 --> 36:03.400] Somebody stealing all your crap
[36:03.400 --> 36:05.400] And taking it away
[36:05.400 --> 36:07.400] So if you're going to put all of that together
[36:07.400 --> 36:09.400] In one pleading
[36:09.400 --> 36:11.400] One document
[36:11.400 --> 36:13.400] One suit
[36:13.400 --> 36:15.400] Then you're going to have a lot of counts
[36:15.400 --> 36:17.400] Each count
[36:17.400 --> 36:19.400] Is going to have
[36:19.400 --> 36:21.400] A tiny
[36:21.400 --> 36:23.400] Chunk of facts
[36:23.400 --> 36:25.400] You're going to need facts that go to
[36:25.400 --> 36:27.400] Every essential element
[36:27.400 --> 36:29.400] Of that count
[36:29.400 --> 36:31.400] So they did this wrong
[36:31.400 --> 36:33.400] Then a week later they denied that
[36:33.400 --> 36:35.400] Which by statute they're specifically
[36:35.400 --> 36:37.400] Forbidden to deny
[36:37.400 --> 36:39.400] So there's another crime
[36:39.400 --> 36:41.400] And then they did this and the next week
[36:41.400 --> 36:43.400] And then they towed this and then
[36:43.400 --> 36:45.400] They didn't give it back and then they
[36:45.400 --> 36:47.400] Sold my property
[36:47.400 --> 36:49.400] And every one of those
[36:49.400 --> 36:51.400] Is another count
[36:53.400 --> 36:55.400] Everything that you can identify as
[36:55.400 --> 36:57.400] Wrongdoing, you know, you know it in your
[36:57.400 --> 36:59.400] Gut, you know it's all wrong, but it just feels
[36:59.400 --> 37:01.400] Like one long
[37:01.400 --> 37:03.400] River of
[37:03.400 --> 37:05.400] Wrongdoing, but it's not
[37:05.400 --> 37:07.400] It's
[37:07.400 --> 37:09.400] It's individual
[37:09.400 --> 37:11.400] Crimes
[37:11.400 --> 37:13.400] Or individual
[37:13.400 --> 37:15.400] Torts
[37:15.400 --> 37:17.400] And each one of them is its own cause
[37:17.400 --> 37:19.400] Of action with its own little
[37:19.400 --> 37:21.400] Small set of
[37:21.400 --> 37:23.400] Facts that are needed to support
[37:23.400 --> 37:25.400] Each element
[37:25.400 --> 37:27.400] So if you put it all
[37:27.400 --> 37:29.400] Together into this giant story
[37:29.400 --> 37:31.400] That covers multiple years, you're going to have a lot
[37:31.400 --> 37:33.400] Of counts
[37:33.400 --> 37:35.400] Is that okay?
[37:35.400 --> 37:37.400] I mean it
[37:37.400 --> 37:39.400] To the main, to the crescendo
[37:39.400 --> 37:41.400] It all builds to the taking
[37:41.400 --> 37:43.400] Yep
[37:43.400 --> 37:45.400] It's fine to have multiple counts
[37:45.400 --> 37:47.400] If you gave somebody
[37:47.400 --> 37:49.400] Notice on multiple times
[37:49.400 --> 37:51.400] And multiple times they, at the
[37:51.400 --> 37:53.400] Beginning, the original, you know
[37:53.400 --> 37:55.400] Public servants acknowledged that
[37:55.400 --> 37:57.400] And they were reasonable and then eventually
[37:57.400 --> 37:59.400] The public servants got changed out
[37:59.400 --> 38:01.400] And they would stop being reasonable
[38:01.400 --> 38:03.400] And they started violating rights
[38:03.400 --> 38:05.400] Is it okay to point out the times that they did
[38:05.400 --> 38:07.400] Do it correctly?
[38:07.400 --> 38:09.400] I wouldn't
[38:09.400 --> 38:11.400] Unless there's some
[38:11.400 --> 38:13.400] Some reason why you need to show
[38:13.400 --> 38:15.400] That they knew what to do
[38:15.400 --> 38:17.400] They knew how to do it right and they were just sometimes
[38:17.400 --> 38:19.400] Deciding to do it wrong
[38:19.400 --> 38:21.400] If there's, if that
[38:21.400 --> 38:23.400] Becomes an element of whatever it is
[38:23.400 --> 38:25.400] That's the cause of action that you're trying to
[38:25.400 --> 38:27.400] To accomplish there
[38:27.400 --> 38:29.400] You need to establish
[38:29.400 --> 38:31.400] That they
[38:31.400 --> 38:33.400] They knew what was the right
[38:33.400 --> 38:35.400] Thing to do
[38:35.400 --> 38:37.400] You know some of these crimes
[38:37.400 --> 38:39.400] It'll set up different
[38:39.400 --> 38:41.400] Mental states and it'll say
[38:41.400 --> 38:43.400] That they did this knowingly
[38:43.400 --> 38:45.400] Or they did it intentionally
[38:45.400 --> 38:47.400] Or willingly
[38:47.400 --> 38:49.400] Or sometimes
[38:49.400 --> 38:51.400] It's just negligently
[38:53.400 --> 38:55.400] So
[38:55.400 --> 38:57.400] That means somebody
[38:57.400 --> 38:59.400] Of reasonable ordinary
[38:59.400 --> 39:01.400] Prudence ought to know better
[39:01.400 --> 39:03.400] And that was really
[39:03.400 --> 39:05.400] Going to the groundwork
[39:05.400 --> 39:07.400] I thought I'd
[39:07.400 --> 39:09.400] If it's not worth laying out I'm not going to waste time laying out
[39:09.400 --> 39:11.400] But that's my problem I can't get past some of the
[39:11.400 --> 39:13.400] Mental grief
[39:13.400 --> 39:15.400] Of what I'm trying to lay out here
[39:15.400 --> 39:17.400] Which is
[39:17.400 --> 39:19.400] The people that
[39:19.400 --> 39:21.400] They worked for knew all these accounts
[39:21.400 --> 39:23.400] Did happen and they were
[39:23.400 --> 39:25.400] Handled
[39:25.400 --> 39:27.400] Properly I even have
[39:29.400 --> 39:31.400] A report from you know that
[39:31.400 --> 39:33.400] When we actually did have a lawful
[39:33.400 --> 39:35.400] Duly elected and duly
[39:35.400 --> 39:37.400] Appointed fire marshal that he
[39:37.400 --> 39:39.400] Actually gave a report where he
[39:39.400 --> 39:41.400] Accounted that he saw the private property
[39:41.400 --> 39:43.400] Stated he stayed off
[39:43.400 --> 39:45.400] The property he received my
[39:45.400 --> 39:47.400] Notice to the city stating that I was
[39:47.400 --> 39:49.400] None of the freaking persons
[39:49.400 --> 39:51.400] In their charter he acknowledged
[39:51.400 --> 39:53.400] That put it in his report
[39:53.400 --> 39:55.400] Says that he turned to them the city attorney
[39:55.400 --> 39:57.400] All things were dismissed nothing
[39:57.400 --> 39:59.400] Or further happened that's pretty
[39:59.400 --> 40:01.400] Valuable piece of information and I have
[40:01.400 --> 40:03.400] That record is that useful
[40:03.400 --> 40:05.400] I thought it but I don't know
[40:05.400 --> 40:07.400] My
[40:07.400 --> 40:09.400] Well it's really good that he did that
[40:09.400 --> 40:11.400] But for you to
[40:11.400 --> 40:13.400] Put that into your pleading
[40:13.400 --> 40:15.400] Does it go to
[40:15.400 --> 40:17.400] Any element of something that you're trying to
[40:17.400 --> 40:19.400] Ask the court to adjudicate
[40:19.400 --> 40:21.400] I don't know
[40:21.400 --> 40:23.400] I don't think so
[40:23.400 --> 40:25.400] Probably doesn't
[40:25.400 --> 40:27.400] Take a look at the essential
[40:27.400 --> 40:29.400] Elements of whatever it is that you're
[40:29.400 --> 40:31.400] Using and see if
[40:31.400 --> 40:33.400] You can map them like
[40:33.400 --> 40:35.400] I don't know if you use
[40:35.400 --> 40:37.400] Spreadsheets or can lay
[40:37.400 --> 40:39.400] Out a grid and you can put
[40:39.400 --> 40:41.400] Here's the fact that I'm stating and off
[40:41.400 --> 40:43.400] To the side in a separate column
[40:45.400 --> 40:47.400] Which element am I supporting
[40:47.400 --> 40:49.400] With this fact or maybe
[40:49.400 --> 40:51.400] You're supporting multiple elements but you have to
[40:51.400 --> 40:53.400] Support something it's not
[40:53.400 --> 40:55.400] Worth anything if it's not in support of some
[40:55.400 --> 40:57.400] Element alright hold on
[40:57.400 --> 40:59.400] We'll be right back
[40:59.400 --> 41:01.400] Do you have a business with five employees
[41:01.400 --> 41:03.400] Or more how would you like to save
[41:03.400 --> 41:05.400] Hundreds of thousands of dollars in
[41:05.400 --> 41:07.400] FICA taxes do you have a major medical
[41:07.400 --> 41:09.400] Plan that nobody can afford
[41:09.400 --> 41:11.400] To be on or how would you like
[41:11.400 --> 41:13.400] To save in premium costs
[41:13.400 --> 41:15.400] On a current major medical plan
[41:15.400 --> 41:17.400] By lowering the claims cost
[41:17.400 --> 41:19.400] The champ plan is a section
[41:19.400 --> 41:21.400] 125 IRS approved
[41:21.400 --> 41:23.400] Preventative health plan
[41:23.400 --> 41:25.400] That provides your employees with
[41:25.400 --> 41:27.400] Doctors medications
[41:27.400 --> 41:29.400] Emergency care and teledoc
[41:29.400 --> 41:31.400] All at zero cost with
[41:31.400 --> 41:33.400] Zero co-pay if you are an
[41:33.400 --> 41:35.400] Employee you also will
[41:35.400 --> 41:37.400] Get a pay raise by paying less
[41:37.400 --> 41:39.400] In FICA taxes as an employer
[41:39.400 --> 41:41.400] You will save hundreds of
[41:41.400 --> 41:43.400] Thousands of dollars in matching
[41:43.400 --> 41:45.400] FICA taxes the champ plan
[41:45.400 --> 41:47.400] Can help add working capital
[41:47.400 --> 41:49.400] Market resale value or
[41:49.400 --> 41:51.400] Paydown lines of credit call
[41:51.400 --> 41:53.400] Scott at
[41:53.400 --> 41:55.400] 214730
[41:55.400 --> 41:57.400] 2471 or
[41:57.400 --> 41:59.400] dallasmms.com
[42:15.400 --> 42:17.400] Lawyer know what your lawyer should
[42:17.400 --> 42:19.400] Be doing if you don't have a lawyer
[42:19.400 --> 42:21.400] Know what you should do for yourself
[42:21.400 --> 42:23.400] Thousands have won with
[42:23.400 --> 42:25.400] Our step by step course and
[42:25.400 --> 42:27.400] Now you can too
[42:27.400 --> 42:29.400] Jurisdictionary was created by a licensed
[42:29.400 --> 42:31.400] Attorney with 22 years
[42:31.400 --> 42:33.400] Of case winning experience
[42:33.400 --> 42:35.400] Even if you're not in a lawsuit
[42:35.400 --> 42:37.400] You can learn what everyone should
[42:37.400 --> 42:39.400] Understand about the principles and
[42:39.400 --> 42:41.400] Practices that control our American
[42:41.400 --> 42:43.400] Courts you'll receive our
[42:43.400 --> 42:45.400] Video classroom video seminar
[42:45.400 --> 42:47.400] Tutorials forms for
[42:47.400 --> 42:49.400] Civil cases pro se
[42:49.400 --> 42:51.400] Tactics and much more
[42:51.400 --> 42:53.400] Please visit ruleoflawradio.com
[42:53.400 --> 42:55.400] And click on the banner
[42:55.400 --> 42:57.400] Or call toll free 866
[42:57.400 --> 42:59.400] Law easy
[43:43.400 --> 43:45.400] Talking about Stephen you were
[43:45.400 --> 43:47.400] Asking should you
[43:47.400 --> 43:49.400] Leave this in there or pull
[43:49.400 --> 43:51.400] It out so
[43:51.400 --> 43:53.400] So yeah my encouragement to you is to
[43:53.400 --> 43:55.400] Find a way to
[43:55.400 --> 43:57.400] Indicate to yourself
[43:57.400 --> 43:59.400] Whether it's a little column off
[43:59.400 --> 44:01.400] To the side or some maybe you do some
[44:01.400 --> 44:03.400] Color coding but you
[44:03.400 --> 44:05.400] Indicate to yourself what
[44:05.400 --> 44:07.400] Does this fact support
[44:07.400 --> 44:09.400] You know
[44:09.400 --> 44:11.400] Maybe you've got 10 different counts
[44:11.400 --> 44:13.400] In your
[44:13.400 --> 44:15.400] Complaint
[44:15.400 --> 44:17.400] And each
[44:17.400 --> 44:19.400] Of those counts
[44:19.400 --> 44:21.400] Is like a little
[44:21.400 --> 44:23.400] Miniature cause
[44:23.400 --> 44:25.400] Of action all to itself and it has its
[44:25.400 --> 44:27.400] Own essential elements
[44:27.400 --> 44:29.400] So in order for
[44:29.400 --> 44:31.400] That count to succeed
[44:31.400 --> 44:33.400] It needs
[44:33.400 --> 44:35.400] Facts to
[44:35.400 --> 44:37.400] Support every essential element
[44:37.400 --> 44:39.400] That it has so go look those up
[44:39.400 --> 44:41.400] And on each fact
[44:41.400 --> 44:43.400] That you're stating you know you've got
[44:43.400 --> 44:45.400] 200 facts out there
[44:45.400 --> 44:47.400] It's all swirling around in your mind
[44:47.400 --> 44:49.400] Right and
[44:49.400 --> 44:51.400] It's all just these
[44:51.400 --> 44:53.400] River of bad experiences
[44:53.400 --> 44:55.400] But
[44:55.400 --> 44:57.400] Take those facts and mark
[44:57.400 --> 44:59.400] Them and identify
[44:59.400 --> 45:01.400] What exactly am I supporting
[45:01.400 --> 45:03.400] With this fact does it go
[45:03.400 --> 45:05.400] To this one does it go to that one
[45:05.400 --> 45:07.400] How does it help me
[45:07.400 --> 45:09.400] To assert this
[45:13.400 --> 45:15.400] The more
[45:15.400 --> 45:17.400] Fluff you put in there
[45:17.400 --> 45:19.400] That's where
[45:19.400 --> 45:21.400] Randy was talking about
[45:21.400 --> 45:23.400] That your opponent will
[45:23.400 --> 45:25.400] Go and argue that
[45:25.400 --> 45:27.400] You're lying about this point they'll find
[45:27.400 --> 45:29.400] Something that you didn't
[45:29.400 --> 45:31.400] Need to allege it's extra
[45:31.400 --> 45:33.400] It's fluff and
[45:33.400 --> 45:35.400] And
[45:35.400 --> 45:37.400] Now that you've alleged it
[45:37.400 --> 45:39.400] That gives them something to
[45:39.400 --> 45:41.400] Go and ramble about
[45:41.400 --> 45:43.400] Let me give an example
[45:43.400 --> 45:45.400] You guys hear me doing this all
[45:45.400 --> 45:47.400] The time
[45:47.400 --> 45:49.400] For instance this week
[45:49.400 --> 45:51.400] I sued a judge
[45:51.400 --> 45:53.400] And in the
[45:53.400 --> 45:55.400] Suit I said that I went
[45:55.400 --> 45:57.400] To the judge
[45:57.400 --> 45:59.400] And presented the judge
[45:59.400 --> 46:01.400] A criminal complaint
[46:01.400 --> 46:03.400] That verified criminal
[46:03.400 --> 46:05.400] Affidavit it was
[46:05.400 --> 46:07.400] Complete in accordance with
[46:07.400 --> 46:09.400] 15.05
[46:09.400 --> 46:11.400] And the judge failed
[46:11.400 --> 46:13.400] To issue
[46:13.400 --> 46:15.400] A warrant forthwith
[46:15.400 --> 46:17.400] For that
[46:17.400 --> 46:19.400] Particular crime
[46:19.400 --> 46:21.400] That is all
[46:21.400 --> 46:23.400] The statute
[46:23.400 --> 46:25.400] Says if a complaint is
[46:25.400 --> 46:27.400] Forwarded to a magistrate in accordance with
[46:27.400 --> 46:29.400] 1508 and is
[46:29.400 --> 46:31.400] Complete in accordance with 1505
[46:31.400 --> 46:33.400] The magistrate shall
[46:33.400 --> 46:35.400] Issue the warrant now the
[46:35.400 --> 46:37.400] Magistrate was a smart mouth and he threw me
[46:37.400 --> 46:39.400] Out of the office and
[46:39.400 --> 46:41.400] The bailiff wouldn't arrest
[46:41.400 --> 46:43.400] The judge and he threatened me with
[46:43.400 --> 46:45.400] With contempt
[46:45.400 --> 46:47.400] All that should be
[46:47.400 --> 46:49.400] Yeah and if you were to allege all of that
[46:49.400 --> 46:51.400] That's where they would focus oh
[46:51.400 --> 46:53.400] He has a problem with the judge's attitude
[46:53.400 --> 46:55.400] He apparently they were in
[46:55.400 --> 46:57.400] A pissing contest and he
[46:57.400 --> 46:59.400] Just wanted to try to
[46:59.400 --> 47:01.400] They're going to focus on every part
[47:01.400 --> 47:03.400] That has nothing to do with an element
[47:05.400 --> 47:07.400] So know what the crime
[47:07.400 --> 47:09.400] Is read
[47:09.400 --> 47:11.400] And read it carefully what does
[47:11.400 --> 47:13.400] The statute say
[47:13.400 --> 47:15.400] Amounts to the
[47:15.400 --> 47:17.400] Elements of a crime that all that
[47:17.400 --> 47:19.400] Must be there and
[47:19.400 --> 47:21.400] Only argue those I mentioned
[47:21.400 --> 47:23.400] Earlier this
[47:23.400 --> 47:25.400] Situation where I
[47:25.400 --> 47:27.400] Said as a mock judge
[47:27.400 --> 47:29.400] In Massachusetts these guys are arguing
[47:29.400 --> 47:31.400] The birth certificate
[47:31.400 --> 47:33.400] And they're arguing they can't
[47:33.400 --> 47:35.400] Just charge a debt and just on
[47:35.400 --> 47:37.400] And on and on
[47:37.400 --> 47:39.400] I never waived subject matter
[47:39.400 --> 47:41.400] Jurisdiction
[47:41.400 --> 47:43.400] I'm not the capital
[47:43.400 --> 47:45.400] Person the capital letter
[47:45.400 --> 47:47.400] Person and blah blah blah
[47:47.400 --> 47:49.400] I'm the duly authorized representative
[47:49.400 --> 47:51.400] And beneficiary
[47:51.400 --> 47:53.400] Thereof
[47:53.400 --> 47:55.400] They accused him of sending
[47:55.400 --> 47:57.400] Filing a lien
[47:57.400 --> 47:59.400] Against public officials in
[47:59.400 --> 48:01.400] Pennsylvania
[48:01.400 --> 48:03.400] He was in Massachusetts
[48:03.400 --> 48:05.400] Sending
[48:05.400 --> 48:07.400] Filing liens
[48:07.400 --> 48:09.400] Against public officials in
[48:09.400 --> 48:11.400] Pennsylvania
[48:11.400 --> 48:13.400] He should not speak
[48:13.400 --> 48:15.400] To anything
[48:15.400 --> 48:17.400] Other than
[48:17.400 --> 48:19.400] A lien in Pennsylvania
[48:19.400 --> 48:21.400] Yeah go look up what is that
[48:21.400 --> 48:23.400] Crime whatever crime it is
[48:23.400 --> 48:25.400] That says filing a false lien
[48:25.400 --> 48:27.400] Go read that see what the elements
[48:27.400 --> 48:29.400] Are and even if he did
[48:29.400 --> 48:31.400] One element but he didn't do
[48:31.400 --> 48:33.400] Two others great
[48:33.400 --> 48:35.400] If there's even one that's missing
[48:35.400 --> 48:37.400] Then the crime didn't happen
[48:37.400 --> 48:39.400] So find the
[48:39.400 --> 48:41.400] Weak points yeah and if they got
[48:41.400 --> 48:43.400] You dead bang on all of them
[48:43.400 --> 48:45.400] Except one
[48:45.400 --> 48:47.400] Then you ignore all the rest of
[48:47.400 --> 48:49.400] Them yep only argue
[48:49.400 --> 48:51.400] The one where they don't have
[48:51.400 --> 48:53.400] A claim
[48:53.400 --> 48:55.400] And you know if you sue somebody
[48:55.400 --> 48:57.400] You're on the other
[48:57.400 --> 48:59.400] End you have
[48:59.400 --> 49:01.400] To allege and you have to
[49:01.400 --> 49:03.400] Provide facts
[49:03.400 --> 49:05.400] In support of each
[49:05.400 --> 49:07.400] Element you miss one
[49:07.400 --> 49:09.400] Even
[49:09.400 --> 49:11.400] If you got them dead bang on everything
[49:11.400 --> 49:13.400] Else you miss
[49:13.400 --> 49:15.400] One of those and you got no claim
[49:15.400 --> 49:17.400] You're out of here
[49:19.400 --> 49:21.400] That's my story and I'm sticking to it
[49:21.400 --> 49:23.400] Well unless the accuser
[49:23.400 --> 49:25.400] Is a cop sometimes
[49:25.400 --> 49:27.400] They just skip right over
[49:27.400 --> 49:29.400] One or more essential elements
[49:29.400 --> 49:31.400] And the judge will rubber stamp
[49:31.400 --> 49:33.400] It but
[49:35.400 --> 49:37.400] The judge
[49:37.400 --> 49:39.400] He's gonna
[49:39.400 --> 49:41.400] If they miss an element
[49:41.400 --> 49:43.400] And you
[49:43.400 --> 49:45.400] Don't raise an opposition to it
[49:45.400 --> 49:47.400] Then
[49:47.400 --> 49:49.400] It's not before the court
[49:49.400 --> 49:51.400] That's true
[49:51.400 --> 49:53.400] The court
[49:53.400 --> 49:55.400] Must determine the facts in
[49:55.400 --> 49:57.400] Accordance with the rules of evidence
[49:57.400 --> 49:59.400] Now
[49:59.400 --> 50:01.400] This part's real critical
[50:01.400 --> 50:03.400] Then he must apply
[50:03.400 --> 50:05.400] The law as
[50:05.400 --> 50:07.400] It comes to him
[50:07.400 --> 50:09.400] Or her
[50:09.400 --> 50:11.400] Or yet
[50:11.400 --> 50:13.400] We're not gonna go all thought out
[50:13.400 --> 50:15.400] As it comes to
[50:15.400 --> 50:17.400] Him to the facts in the case
[50:19.400 --> 50:21.400] He can't go out
[50:21.400 --> 50:23.400] And
[50:23.400 --> 50:25.400] Find his own
[50:25.400 --> 50:27.400] Law as it applies
[50:27.400 --> 50:29.400] To the case
[50:29.400 --> 50:31.400] He can absolutely know for certain
[50:31.400 --> 50:33.400] Exactly what that law is
[50:35.400 --> 50:37.400] But he can't apply it
[50:37.400 --> 50:39.400] Unless you gave it to him
[50:41.400 --> 50:43.400] This is to keep
[50:43.400 --> 50:45.400] The program
[50:45.400 --> 50:47.400] The first forensic
[50:47.400 --> 50:49.400] Analyst show
[50:49.400 --> 50:51.400] Was Quincy
[50:51.400 --> 50:53.400] And
[50:53.400 --> 50:55.400] He would go out and
[50:55.400 --> 50:57.400] Do his own research and bring it in
[50:57.400 --> 50:59.400] We couldn't do that
[50:59.400 --> 51:01.400] The one I want to think of is
[51:01.400 --> 51:03.400] There was a movie by Sylvester Stallone
[51:03.400 --> 51:05.400] He was a magistrate
[51:05.400 --> 51:07.400] In the future
[51:07.400 --> 51:09.400] And he'd go around
[51:09.400 --> 51:11.400] Chasing down bad guys
[51:11.400 --> 51:13.400] That's not what judges do
[51:13.400 --> 51:15.400] They chase nothing
[51:15.400 --> 51:17.400] They research nothing
[51:17.400 --> 51:19.400] They can
[51:19.400 --> 51:21.400] Only take what you put in
[51:21.400 --> 51:23.400] Front of them
[51:23.400 --> 51:25.400] Now that's what they're supposed
[51:25.400 --> 51:27.400] To do
[51:27.400 --> 51:29.400] Sometimes they do things they're not supposed to
[51:29.400 --> 51:31.400] Anyway, but you can't operate
[51:31.400 --> 51:33.400] From that perspective
[51:33.400 --> 51:35.400] If you're trying to make your case
[51:35.400 --> 51:37.400] You have to make certain
[51:37.400 --> 51:39.400] That you put
[51:39.400 --> 51:41.400] Every element in front of the judge
[51:41.400 --> 51:43.400] Put the facts
[51:43.400 --> 51:45.400] Establishing the element
[51:47.400 --> 51:49.400] And put the law
[51:49.400 --> 51:51.400] As it relates
[51:51.400 --> 51:53.400] To those facts before the court
[51:53.400 --> 51:55.400] In order to prove your position
[51:55.400 --> 51:57.400] You missed one, you're screwed
[51:59.400 --> 52:01.400] I'll shut up now
[52:01.400 --> 52:03.400] I do think that's probably why
[52:03.400 --> 52:05.400] We like to put in
[52:05.400 --> 52:07.400] The prayer
[52:07.400 --> 52:09.400] A portion of our
[52:09.400 --> 52:11.400] Emotions are in a complaint
[52:11.400 --> 52:13.400] We have a prayer at the end
[52:13.400 --> 52:15.400] We'll add to whatever relief
[52:15.400 --> 52:17.400] We're asking for
[52:17.400 --> 52:19.400] And any other such
[52:19.400 --> 52:21.400] Relief
[52:21.400 --> 52:23.400] As the court finds just and proper
[52:23.400 --> 52:25.400] Under these circumstances
[52:25.400 --> 52:27.400] That gives the judge an opportunity
[52:27.400 --> 52:29.400] To do something for you
[52:29.400 --> 52:31.400] That he wouldn't have been able to do
[52:31.400 --> 52:33.400] If
[52:33.400 --> 52:35.400] You didn't bring it to him
[52:35.400 --> 52:37.400] Give us a little wiggle room
[52:37.400 --> 52:39.400] For that
[52:39.400 --> 52:41.400] I got a great one for prayer
[52:41.400 --> 52:43.400] A guy came to me
[52:43.400 --> 52:45.400] And he had been sued by
[52:45.400 --> 52:47.400] A debt collector
[52:47.400 --> 52:49.400] And he sent me the lawsuit
[52:49.400 --> 52:51.400] And I raided over
[52:51.400 --> 52:53.400] And I called him back and talked to him
[52:53.400 --> 52:55.400] And he said, well, what do you think?
[52:55.400 --> 52:57.400] I said, they don't have a prayer
[52:57.400 --> 52:59.400] And he said, why not?
[52:59.400 --> 53:01.400] I don't know
[53:01.400 --> 53:03.400] They don't have one
[53:03.400 --> 53:05.400] And I've heard a lot of these patriot guys
[53:05.400 --> 53:07.400] Saying that they won't use
[53:07.400 --> 53:09.400] The word prayer because
[53:09.400 --> 53:11.400] They don't pray to anybody
[53:11.400 --> 53:13.400] I said, no, you don't get it
[53:15.400 --> 53:17.400] They're using
[53:17.400 --> 53:19.400] A different meaning of the word
[53:19.400 --> 53:21.400] Prayer comes
[53:21.400 --> 53:23.400] From the old English that says
[53:23.400 --> 53:25.400] I pray thee
[53:25.400 --> 53:27.400] Meaning I ask thee
[53:27.400 --> 53:29.400] Prayer
[53:29.400 --> 53:31.400] Means to ask
[53:31.400 --> 53:33.400] The judge cannot
[53:33.400 --> 53:35.400] Do anything
[53:35.400 --> 53:37.400] You don't ask him to do
[53:37.400 --> 53:39.400] So they spend all
[53:39.400 --> 53:41.400] This time
[53:41.400 --> 53:43.400] Proving up what kind of no good
[53:43.400 --> 53:45.400] Rotten deadbeat this guy was
[53:45.400 --> 53:47.400] But they never
[53:47.400 --> 53:49.400] Ask the judge to do anything
[53:49.400 --> 53:51.400] But he can
[53:51.400 --> 53:53.400] Agree with them, yeah, he's a no good
[53:53.400 --> 53:55.400] Rotten deadbeat and he owes you
[53:55.400 --> 53:57.400] All this money
[53:57.400 --> 53:59.400] And the judge
[53:59.400 --> 54:01.400] The judge can know he owes you this money
[54:01.400 --> 54:03.400] But he can't give it to him
[54:03.400 --> 54:05.400] Unless you ask him to
[54:05.400 --> 54:07.400] And that is
[54:07.400 --> 54:09.400] Critically important
[54:09.400 --> 54:11.400] Determine what you want
[54:11.400 --> 54:13.400] Tell the judge what the facts are
[54:13.400 --> 54:15.400] What the law is
[54:15.400 --> 54:17.400] That gives him
[54:17.400 --> 54:19.400] Cause and authority
[54:19.400 --> 54:21.400] To give you what you want
[54:21.400 --> 54:23.400] Then ask
[54:25.400 --> 54:27.400] And that's the prayer section
[54:29.400 --> 54:31.400] And that's my story on
[54:31.400 --> 54:33.400] Prayer for today
[54:33.400 --> 54:35.400] And I pray
[54:35.400 --> 54:37.400] That they accept
[54:37.400 --> 54:39.400] My dissertation
[54:41.400 --> 54:43.400] Well, what do you say, Stephen?
[54:43.400 --> 54:45.400] I found the
[54:45.400 --> 54:47.400] Texas Pattern Jury
[54:47.400 --> 54:49.400] Charges for civil
[54:49.400 --> 54:51.400] Downloadable
[54:51.400 --> 54:53.400] On internet archives
[54:53.400 --> 54:55.400] For personal injury and such
[54:55.400 --> 54:57.400] And on due
[54:57.400 --> 54:59.400] On due process
[55:03.400 --> 55:05.400] That's what I was looking for
[55:05.400 --> 55:07.400] At the moment, due process
[55:07.400 --> 55:09.400] I was wondering if the federal had it
[55:09.400 --> 55:11.400] Also to have that
[55:11.400 --> 55:13.400] If you went to the federal since due process
[55:13.400 --> 55:15.400] Is also a federal point
[55:15.400 --> 55:17.400] Yes, it is
[55:19.400 --> 55:21.400] Well
[55:21.400 --> 55:23.400] For that, all you gotta do is deviate from
[55:23.400 --> 55:25.400] Due process
[55:25.400 --> 55:27.400] Due process is a big category
[55:27.400 --> 55:29.400] It's
[55:29.400 --> 55:31.400] Saying that something that was
[55:31.400 --> 55:33.400] Supposed to go a certain way
[55:33.400 --> 55:35.400] It's statutorily or constitutionally required
[55:35.400 --> 55:37.400] To be a certain way and they did something different
[55:37.400 --> 55:39.400] And it's procedural
[55:39.400 --> 55:41.400] And substantive
[55:41.400 --> 55:43.400] And
[55:43.400 --> 55:45.400] Talk about those when I come back
[55:45.400 --> 55:47.400] On the other side
[55:47.400 --> 55:49.400] Radio
[55:49.400 --> 55:51.400] Would you like to make more definite progress
[55:51.400 --> 55:53.400] In your walk with God?
[55:53.400 --> 55:55.400] Bibles for America is offering a free
[55:55.400 --> 55:57.400] Study Bible and a set of
[55:57.400 --> 55:59.400] Free Christian books that can really help
[55:59.400 --> 56:01.400] The New Testament Recovery Version
[56:01.400 --> 56:03.400] Is one of the most comprehensive study
[56:03.400 --> 56:05.400] Bibles available today
[56:05.400 --> 56:07.400] It's an accurate translation and it contains
[56:07.400 --> 56:09.400] Thousands of footnotes that will help you
[56:09.400 --> 56:11.400] To know God and to know the meaning of
[56:11.400 --> 56:13.400] Life
[56:13.400 --> 56:15.400] The free books are a three volume set called
[56:15.400 --> 56:17.400] Basic Elements of the Christian Life
[56:17.400 --> 56:19.400] Chapter by chapter, Basic Elements of the
[56:19.400 --> 56:21.400] Christian Life clearly presents
[56:21.400 --> 56:23.400] God's plan of salvation
[56:23.400 --> 56:25.400] Growing in Christ and how to build
[56:25.400 --> 56:27.400] Up the church
[56:27.400 --> 56:29.400] To order your free New Testament Recovery Version
[56:29.400 --> 56:31.400] And Basic Elements of the
[56:31.400 --> 56:33.400] Christian Life
[56:33.400 --> 56:35.400] Call Bibles for America toll free
[56:35.400 --> 56:39.400] At 888-551-0102
[56:39.400 --> 56:43.400] That's 888-551-0102
[56:43.400 --> 56:45.400] Or visit us online
[56:45.400 --> 56:47.400] At bfa.org
[56:51.400 --> 56:53.400] LogosRadioNetwork.com
[57:21.400 --> 57:23.400] And once your privacy is gone
[57:23.400 --> 57:25.400] You'll find your freedoms will start to
[57:25.400 --> 57:27.400] Vanish too. So protect your
[57:27.400 --> 57:29.400] Rights, say no to surveillance
[57:29.400 --> 57:31.400] And keep your information to yourself
[57:31.400 --> 57:33.400] Privacy, it's worth hanging
[57:33.400 --> 57:35.400] On to. This public service announcement
[57:35.400 --> 57:37.400] Is brought to you by StartPage.com
[57:37.400 --> 57:39.400] The private search engine alternative
[57:39.400 --> 57:41.400] To Google, Yahoo and Bing
[57:41.400 --> 57:43.400] Start over with StartPage
[57:43.400 --> 57:45.400] Imagine
[57:45.400 --> 57:47.400] Your mom and dad are getting ready for
[57:47.400 --> 57:49.400] Bed. They pull back the covers and find
[57:49.400 --> 57:51.400] A third party there. He announces
[57:51.400 --> 57:53.400] I'm with the military and I'm sleeping here
[57:53.400 --> 57:55.400] Tonight. That shocking image of a third
[57:55.400 --> 57:57.400] Party in my parents bed reminds me
[57:57.400 --> 57:59.400] What the third amendment was designed to prevent
[57:59.400 --> 58:01.400] It protects us from being forced
[58:01.400 --> 58:03.400] To share our homes with soldiers
[58:03.400 --> 58:05.400] A common demand in the days of our founding fathers
[58:05.400 --> 58:07.400] Third party, third amendment
[58:07.400 --> 58:09.400] Get it? So if you answer a knock
[58:09.400 --> 58:11.400] At your door and guys in fatigues demand
[58:11.400 --> 58:13.400] Lodging, tell them to dust off their copy
[58:13.400 --> 58:15.400] Of the Bill of Rights and re-read the third
[58:15.400 --> 58:17.400] Amendment. I'm Dr. Catherine Albrecht
[58:17.400 --> 58:20.400] More news and information at CatherineAlbrecht.com
[58:30.400 --> 58:32.400] The Bill of Rights contains the first
[58:32.400 --> 58:34.400] Ten amendments of our Constitution
[58:34.400 --> 58:36.400] They guarantee the specific freedoms
[58:36.400 --> 58:38.400] Americans should know and protect. Our liberty
[58:38.400 --> 58:40.400] Depends on it. I'm Dr. Catherine Albrecht
[58:40.400 --> 58:42.400] And I'll be right back with an unforgettable
[58:42.400 --> 58:44.400] Way to remember one of your constitutional
[58:44.400 --> 58:46.400] Rights. Privacy is under attack
[58:46.400 --> 58:48.400] When you give up data about yourself
[58:48.400 --> 58:50.400] You'll never get it back again
[58:50.400 --> 58:52.400] And once your privacy is gone
[58:52.400 --> 58:54.400] You'll find your freedoms will start
[58:54.400 --> 58:56.400] To vanish too. So protect your rights
[58:56.400 --> 58:58.400] Say no to surveillance and keep your
[58:58.400 --> 59:00.400] Information to yourself. Privacy
[59:00.400 --> 59:02.400] It's worth hanging on to
[59:02.400 --> 59:04.400] This public service announcement is brought
[59:04.400 --> 59:06.400] To you by Startpage.com
[59:06.400 --> 59:08.400] The private search engine alternative
[59:08.400 --> 59:10.400] To Google, Yahoo and Bing
[59:10.400 --> 59:12.400] Start over with Startpage
[59:12.400 --> 59:14.400] Imagine four eyes staring at you
[59:14.400 --> 59:16.400] Through binoculars, a magnifying glass
[59:16.400 --> 59:18.400] Or a pair of x-ray goggles. That imagery
[59:18.400 --> 59:20.400] Reminds me that the Fourth Amendment
[59:20.400 --> 59:22.400] Guarantees Americans freedom from
[59:22.400 --> 59:24.400] Unreasonable search and seizure. Fourth
[59:24.400 --> 59:26.400] Amendment? Four eyes staring at you?
[59:26.400 --> 59:28.400] Get it? Unfortunately the government
[59:28.400 --> 59:30.400] Is trampling our Fourth Amendment rights
[59:30.400 --> 59:32.400] In the name of security. Case in point
[59:32.400 --> 59:34.400] TSA airport scanners that peer
[59:34.400 --> 59:36.400] Under your clothing. When government
[59:36.400 --> 59:38.400] Employees demand a peep at your privates
[59:38.400 --> 59:40.400] Without probable contact, the government
[59:40.400 --> 59:42.400] And a peep at your privates without probable
[59:42.400 --> 59:44.400] Cause, I say it's time to sound the
[59:44.400 --> 59:46.400] Constitutional alarm bells. Join me
[59:46.400 --> 59:48.400] In asking our representatives to dust off
[59:48.400 --> 59:50.400] The Bill of Rights and use their googly
[59:50.400 --> 59:52.400] Eyes to take a gander at the Fourth.
[59:52.400 --> 59:54.400] I'm Dr. Catherine Albrecht. More news and
[59:54.400 --> 59:56.400] Information at CatherineAlbrecht.com
[01:00:11.400 --> 01:00:13.400] I read his book and he says
[01:00:13.400 --> 01:00:16.400] He cares not for the unsightly
[01:00:18.400 --> 01:00:20.400] These warmongers come by
[01:00:20.400 --> 01:00:23.400] That term rightly
[01:00:27.400 --> 01:00:30.400] I won't pay for the war with my body
[01:00:30.400 --> 01:00:33.400] Ain't gonna pay for their car with my money
[01:00:33.400 --> 01:00:37.400] I won't pay for the fun with my body
[01:00:37.400 --> 01:00:40.400] Their plans wicked and their logic shoddy
[01:00:40.400 --> 01:00:44.400] Ain't gonna pay for the war with my body
[01:00:44.400 --> 01:00:47.400] I won't pay for the boys with my money
[01:00:47.400 --> 01:00:51.400] Ain't gonna pay for the kids with my body
[01:00:51.400 --> 01:00:54.400] Their whole agenda smells funny
[01:00:54.400 --> 01:00:59.400] I wanna fight in a war of my own
[01:01:01.400 --> 01:01:06.400] That one would be less accidental
[01:01:07.400 --> 01:01:12.400] I wanna pay for the war with my own
[01:01:37.400 --> 01:01:39.400] Go ahead, we had you muted.
[01:01:39.400 --> 01:01:41.400] Stephen?
[01:01:42.400 --> 01:01:44.400] Go ahead, Stephen.
[01:01:47.400 --> 01:01:49.400] Are you there?
[01:01:49.400 --> 01:01:51.400] Did we lose him?
[01:01:53.400 --> 01:01:57.400] Maybe we lulled him into one consciousness.
[01:01:58.400 --> 01:02:00.400] Okay.
[01:02:01.400 --> 01:02:03.400] Anyway,
[01:02:04.400 --> 01:02:06.400] Elements of a crime.
[01:02:06.400 --> 01:02:08.400] We pretty well got that down.
[01:02:10.400 --> 01:02:12.400] But he brought up a really good question.
[01:02:12.400 --> 01:02:15.400] I mean, he's lived this whole experience
[01:02:15.400 --> 01:02:17.400] and he's got so many facts
[01:02:17.400 --> 01:02:21.400] that if he's telling his buddy about what happened
[01:02:21.400 --> 01:02:24.400] those facts make sense to bring up, right?
[01:02:24.400 --> 01:02:27.400] But he's asking a really good question.
[01:02:27.400 --> 01:02:29.400] He's asking, how do I know
[01:02:29.400 --> 01:02:32.400] whether to bring this fact or that fact
[01:02:32.400 --> 01:02:34.400] into the story?
[01:02:36.400 --> 01:02:38.400] Yeah, the answer is
[01:02:38.400 --> 01:02:41.400] Find an essential element to support.
[01:02:42.400 --> 01:02:44.400] You watch a lawyer
[01:02:44.400 --> 01:02:46.400] when you're sitting in front of a lawyer
[01:02:46.400 --> 01:02:48.400] he's got this yellow pad there
[01:02:48.400 --> 01:02:49.400] and he's got a pen
[01:02:49.400 --> 01:02:50.400] and he's listening to you
[01:02:50.400 --> 01:02:51.400] and every once in a while
[01:02:51.400 --> 01:02:53.400] he makes a note on his yellow pad.
[01:02:54.400 --> 01:02:56.400] Because he's got a client
[01:02:56.400 --> 01:03:00.400] that doesn't know what the lawyer needs to hear.
[01:03:01.400 --> 01:03:05.400] The client doesn't know what the elements of the crime are
[01:03:05.400 --> 01:03:10.400] or the claim or the issue.
[01:03:10.400 --> 01:03:12.400] Yeah.
[01:03:12.400 --> 01:03:14.400] The lawyer does.
[01:03:14.400 --> 01:03:17.400] But the lawyer doesn't know what happened.
[01:03:17.400 --> 01:03:21.400] So he has to listen to 200 facts
[01:03:21.400 --> 01:03:23.400] and then he has to pick out of there
[01:03:23.400 --> 01:03:27.400] oh, these four go to that cause of action.
[01:03:27.400 --> 01:03:29.400] He makes a note on his pad
[01:03:29.400 --> 01:03:31.400] and you step on an element.
[01:03:32.400 --> 01:03:35.400] And that's what I built this questionnaire for
[01:03:35.400 --> 01:03:37.400] is to get around that.
[01:03:38.400 --> 01:03:41.400] Because I have a whole questionnaire
[01:03:42.400 --> 01:03:46.400] with 60 something thousand questions in it
[01:03:48.400 --> 01:03:51.400] and each one of them goes to an element.
[01:03:53.400 --> 01:03:56.400] The elements of whatever issue it is
[01:03:56.400 --> 01:04:00.400] these questions are asking specifically for the elements.
[01:04:01.400 --> 01:04:04.400] That's why it's quick and that's why it's effective
[01:04:04.400 --> 01:04:10.400] because if you're in a traumatic encounter
[01:04:11.400 --> 01:04:14.400] what you tend to do is tell people about it
[01:04:15.400 --> 01:04:17.400] and when you tell somebody about it
[01:04:17.400 --> 01:04:19.400] someone about it
[01:04:19.400 --> 01:04:22.400] you mentally relive it.
[01:04:22.400 --> 01:04:26.400] And then what the science on memory has shown
[01:04:26.400 --> 01:04:31.400] is what we feel like our experience of memory
[01:04:31.400 --> 01:04:34.400] is that we go inside and read memory.
[01:04:35.400 --> 01:04:38.400] And the science has shown that's not really how it works.
[01:04:39.400 --> 01:04:42.400] Is we essentially go in and take out the memory
[01:04:42.400 --> 01:04:44.400] and re-experience it in the telling.
[01:04:46.400 --> 01:04:49.400] And that's what causes problems with memory
[01:04:49.400 --> 01:04:55.400] because if I'm talking to my wife about something that went on
[01:04:55.400 --> 01:05:00.400] I have to be really really careful about what I say to her
[01:05:00.400 --> 01:05:03.400] and even more careful about my voice inflection.
[01:05:05.400 --> 01:05:07.400] Lots of stuff puts her off.
[01:05:08.400 --> 01:05:10.400] That won't put off my brother-in-law.
[01:05:12.400 --> 01:05:14.400] So if I'm telling him the story
[01:05:14.400 --> 01:05:18.400] I'll give him different facts and different portions of the issue.
[01:05:18.400 --> 01:05:21.400] The problem with memory is we take it out
[01:05:21.400 --> 01:05:23.400] we re-experience and we put it back.
[01:05:24.400 --> 01:05:29.400] But we put it back from the perspective from which we re-experienced it.
[01:05:30.400 --> 01:05:34.400] And that's why we get, we're telling a story to somebody
[01:05:34.400 --> 01:05:36.400] sometime and they'll say,
[01:05:36.400 --> 01:05:38.400] did that really happen to you?
[01:05:39.400 --> 01:05:42.400] And I've had people ask me that and I had to stop and think.
[01:05:44.400 --> 01:05:45.400] I don't know.
[01:05:46.400 --> 01:05:47.400] I don't remember.
[01:05:48.400 --> 01:05:51.400] I've told it so many times from so many different perspectives.
[01:05:51.400 --> 01:05:53.400] I don't remember where I got it.
[01:05:55.400 --> 01:06:01.400] And when Brett and I talk to someone who's been in a traumatic experience
[01:06:01.400 --> 01:06:05.400] what they will do when you've had a really traumatic experience
[01:06:05.400 --> 01:06:08.400] is you relive the trauma.
[01:06:09.400 --> 01:06:15.400] You don't relive the mundane facts
[01:06:15.400 --> 01:06:19.400] that lead legally from one's place to the next.
[01:06:19.400 --> 01:06:23.400] You move from one emotional high point to the next to the next.
[01:06:23.400 --> 01:06:25.400] And when you're telling the story
[01:06:25.400 --> 01:06:28.400] something else will come to mind about it and you'll jump over there
[01:06:28.400 --> 01:06:33.400] depending on the context in which you're telling the story to somebody.
[01:06:35.400 --> 01:06:38.400] If you're telling it to your wife you may say it different
[01:06:38.400 --> 01:06:40.400] than if you're telling it to your next door neighbor.
[01:06:40.400 --> 01:06:43.400] So you'll tend to focus on different issues
[01:06:43.400 --> 01:06:46.400] and when you put it back you put it back with that focus.
[01:06:47.400 --> 01:06:48.400] It gets it all screwed up.
[01:06:48.400 --> 01:06:51.400] That's why I ask everybody, write a timeline.
[01:06:52.400 --> 01:06:56.400] What a timeline really is is a mnemonic device.
[01:06:57.400 --> 01:07:05.400] It allows you to reorient all of the facts into the timeline
[01:07:05.400 --> 01:07:08.400] into the time at which they occurred.
[01:07:09.400 --> 01:07:12.400] It allows you to unwind all these different stories
[01:07:12.400 --> 01:07:16.400] you've told to other people that gets everything all mixed up.
[01:07:17.400 --> 01:07:22.400] You put it down, you write it down, you just write down what you remember
[01:07:22.400 --> 01:07:25.400] and then leave it for a while, go back and go through it
[01:07:25.400 --> 01:07:28.400] and start filling in the spaces in between it.
[01:07:28.400 --> 01:07:30.400] And you'll see something in one place and you'll say,
[01:07:30.400 --> 01:07:33.400] wait a minute, wait a minute, that didn't happen there.
[01:07:33.400 --> 01:07:35.400] You drag it over and move it to where it happened.
[01:07:35.400 --> 01:07:37.400] You'll get it all straightened back out.
[01:07:38.400 --> 01:07:41.400] Right, and as you're looking at it in all the pieces that you wrote down
[01:07:41.400 --> 01:07:44.400] you'll say, oh wait a second, if my truck was left there
[01:07:44.400 --> 01:07:49.400] then how did I get from, oh yeah, I remember what happened
[01:07:49.400 --> 01:07:52.400] and then you fill in a space that you never told anybody about.
[01:07:54.400 --> 01:07:58.400] And then when you read that again, that space will trigger something else
[01:07:58.400 --> 01:08:00.400] and you'll begin to stitch it all back together.
[01:08:01.400 --> 01:08:05.400] For me, in trying to help people, that's one of the most important things
[01:08:05.400 --> 01:08:11.400] I can get and I keep telling everybody, if something happens, write it down.
[01:08:13.400 --> 01:08:16.400] As soon as possible, the earlier the better.
[01:08:17.400 --> 01:08:19.400] Before you start telling it to everybody
[01:08:19.400 --> 01:08:23.400] and start getting all the facts out of sequence.
[01:08:25.400 --> 01:08:27.400] Well, Stephen, it sounds like you don't have that problem.
[01:08:27.400 --> 01:08:29.400] You have plenty of facts, right?
[01:08:29.400 --> 01:08:31.400] You've got everything and more that you need
[01:08:31.400 --> 01:08:33.400] and you're trying to figure out how to whittle it down, right?
[01:08:34.400 --> 01:08:36.400] I think that's what you were just saying.
[01:08:36.400 --> 01:08:38.400] I think I had my things crossed.
[01:08:38.400 --> 01:08:42.400] I was trying to make a, how far back in the timeline did I go
[01:08:42.400 --> 01:08:46.400] and what was relevant towards putting that in the,
[01:08:46.400 --> 01:08:49.400] I can say going towards the central element.
[01:08:50.400 --> 01:08:56.400] One other variable on that is, what if you put in your timeline
[01:08:56.400 --> 01:09:00.400] and say I was visited by an officer so-and-so
[01:09:00.400 --> 01:09:03.400] and he claimed to be this, I knew it was wrong,
[01:09:03.400 --> 01:09:07.400] but then I didn't get the public record request back
[01:09:07.400 --> 01:09:11.400] until a month or two later when I asked it and got it in writing
[01:09:11.400 --> 01:09:15.400] that there is no such thing as this so-and-so position.
[01:09:15.400 --> 01:09:17.400] He was never appointed as that.
[01:09:20.400 --> 01:09:22.400] So he lied to you.
[01:09:22.400 --> 01:09:24.400] But is that a crime?
[01:09:24.400 --> 01:09:31.400] If he was never lawfully doing a duty,
[01:09:31.400 --> 01:09:33.400] then it seemed like it was essential.
[01:09:35.400 --> 01:09:39.400] Well, if you're tying that lie to,
[01:09:39.400 --> 01:09:42.400] that won't be all that you need,
[01:09:42.400 --> 01:09:45.400] and it might be the essential element of something.
[01:09:45.400 --> 01:09:47.400] Like if he defrauded you in some way,
[01:09:47.400 --> 01:09:51.400] he made you take some kind of an action
[01:09:51.400 --> 01:09:53.400] or refrain from taking some kind of an action
[01:09:53.400 --> 01:10:00.400] based on him telling you that he is this grand poobah,
[01:10:00.400 --> 01:10:03.400] and then you go look it up and find out that didn't exist,
[01:10:03.400 --> 01:10:07.400] but you took some action and he made you pay some money
[01:10:07.400 --> 01:10:12.400] or do something based on authority he didn't have.
[01:10:12.400 --> 01:10:17.400] Now you're lining up to get over to maybe official misconduct
[01:10:17.400 --> 01:10:21.400] or abuse of something.
[01:10:21.400 --> 01:10:24.400] So you'll have to look for what those elements are.
[01:10:24.400 --> 01:10:26.400] The lie will be one of them.
[01:10:26.400 --> 01:10:29.400] It'll have a false statement as one of those elements,
[01:10:29.400 --> 01:10:33.400] but you'll have to see other elements that go line up
[01:10:33.400 --> 01:10:35.400] to establish some cause of action.
[01:10:39.400 --> 01:10:46.400] I guess I need to think about all this a little bit more.
[01:10:46.400 --> 01:10:51.400] When somebody who you already know is impersonating
[01:10:51.400 --> 01:10:53.400] a public official tells you to do something
[01:10:53.400 --> 01:10:58.400] and you don't do it, anyway, that's a whole other issue.
[01:10:58.400 --> 01:10:59.400] You know what?
[01:10:59.400 --> 01:11:00.400] I apologize, guys.
[01:11:00.400 --> 01:11:04.400] I don't mean to stray too far from topics.
[01:11:04.400 --> 01:11:06.400] No, that's absolutely great.
[01:11:06.400 --> 01:11:08.400] That's right where we needed to talk about.
[01:11:08.400 --> 01:11:10.400] That's exactly it.
[01:11:11.400 --> 01:11:15.400] Making me hone in on what I need to be focusing on.
[01:11:15.400 --> 01:11:16.400] That's what I needed.
[01:11:16.400 --> 01:11:18.400] That is what I needed.
[01:11:18.400 --> 01:11:19.400] All right.
[01:11:19.400 --> 01:11:21.400] Appreciate you, guys.
[01:11:21.400 --> 01:11:22.400] All right.
[01:11:22.400 --> 01:11:24.400] Well, thanks for calling in.
[01:11:24.400 --> 01:11:26.400] Thank you.
[01:11:26.400 --> 01:11:27.400] All right.
[01:11:27.400 --> 01:11:29.400] Anybody else wants to call in?
[01:11:29.400 --> 01:11:30.400] We've got room on the board.
[01:11:30.400 --> 01:11:36.400] It is 512-646-1984.
[01:11:36.400 --> 01:11:38.400] Randy, what else do you have?
[01:11:38.400 --> 01:11:40.400] We're going to talk about research.
[01:11:40.400 --> 01:11:45.400] Well, this kind of fits right into that.
[01:11:45.400 --> 01:11:50.400] I have a woman in jail in Cleveland,
[01:11:50.400 --> 01:11:52.400] and she's been doing all this, a lot of this
[01:11:52.400 --> 01:11:53.400] Patriot mythology stuff.
[01:11:53.400 --> 01:11:55.400] She had been in jail a long time ago.
[01:11:55.400 --> 01:11:58.400] She had cut that out.
[01:11:58.400 --> 01:12:02.400] And I went down and filed a complaint
[01:12:02.400 --> 01:12:07.400] and I went down and filed a petition
[01:12:07.400 --> 01:12:12.400] for writ of habeas corpus in her case.
[01:12:12.400 --> 01:12:18.400] And I sat in the courtroom and went through due process
[01:12:18.400 --> 01:12:22.400] and showed why the judge did not have subject matter
[01:12:22.400 --> 01:12:25.400] jurisdiction in the case because he didn't have
[01:12:25.400 --> 01:12:29.400] the proper documentation.
[01:12:29.400 --> 01:12:37.400] Now I'm putting together a set of criminal complaints.
[01:12:37.400 --> 01:12:40.400] It started out I was going to file criminally
[01:12:40.400 --> 01:12:43.400] against the judge.
[01:12:43.400 --> 01:12:49.400] He's a district judge, and he's prosecuting this case.
[01:12:49.400 --> 01:12:55.400] And he doesn't have any documentation.
[01:12:55.400 --> 01:13:03.400] So in looking at all the pieces, all the elements,
[01:13:03.400 --> 01:13:10.400] in order for this judge to have jurisdiction in this case,
[01:13:10.400 --> 01:13:13.400] there are documents he must have.
[01:13:13.400 --> 01:13:22.400] The first one is a statement of probable cause
[01:13:22.400 --> 01:13:30.400] by a credible witness, a warrant or a criminal complaint,
[01:13:30.400 --> 01:13:33.400] I'm sorry, not a warrant, a criminal complaint
[01:13:33.400 --> 01:13:36.400] attached to the statement of probable cause.
[01:13:36.400 --> 01:13:42.400] And that statement of probable cause and criminal complaint
[01:13:42.400 --> 01:13:48.400] are by statute required to be presented to some magistrate.
[01:13:48.400 --> 01:13:50.400] Yeah, he's the one that has to make the decision
[01:13:50.400 --> 01:13:52.400] of probable cause.
[01:13:52.400 --> 01:13:53.400] Yes.
[01:13:53.400 --> 01:13:54.400] No.
[01:13:54.400 --> 01:13:56.400] No, not yet.
[01:13:56.400 --> 01:13:59.400] That's the part of what matters.
[01:13:59.400 --> 01:14:01.400] Are you being harassed by debt collectors
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[01:14:48.400 --> 01:14:50.400] That's ruleoflawradio.com
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[01:14:59.400 --> 01:15:00.400] I love logos.
[01:15:00.400 --> 01:15:01.400] Without the shows on this network,
[01:15:01.400 --> 01:15:03.400] I'd be almost as ignorant as my friends.
[01:15:03.400 --> 01:15:06.400] I'm so addicted to the truth now that there's no going back.
[01:15:06.400 --> 01:15:07.400] I need my truth fixed.
[01:15:07.400 --> 01:15:09.400] I'd be lost without logos.
[01:15:09.400 --> 01:15:12.400] And I really want to help keep this network on the air.
[01:15:12.400 --> 01:15:14.400] I'd love to volunteer as a show producer,
[01:15:14.400 --> 01:15:15.400] but I'm a bit of a Luddite
[01:15:15.400 --> 01:15:17.400] and I really don't have any money to give
[01:15:17.400 --> 01:15:19.400] because I spend it all on supplements.
[01:15:19.400 --> 01:15:21.400] How can I help logos?
[01:15:21.400 --> 01:15:23.400] Well, I'm glad you asked.
[01:15:23.400 --> 01:15:25.400] Whenever you order anything from Amazon,
[01:15:25.400 --> 01:15:26.400] you can help logos.
[01:15:26.400 --> 01:15:28.400] You can order your supplies or holiday gifts.
[01:15:28.400 --> 01:15:30.400] First thing you do is clear your cookies.
[01:15:30.400 --> 01:15:33.400] Now, go to logosradionetwork.com.
[01:15:33.400 --> 01:15:36.400] Click on the Amazon logo and bookmark it.
[01:15:36.400 --> 01:15:38.400] Now, when you order anything from Amazon,
[01:15:38.400 --> 01:15:42.400] you use that link and logos gets a few pesos.
[01:15:42.400 --> 01:15:43.400] Do I pay extra?
[01:15:43.400 --> 01:15:44.400] No.
[01:15:44.400 --> 01:15:46.400] Do I have to do anything different when I order?
[01:15:46.400 --> 01:15:47.400] No.
[01:15:47.400 --> 01:15:48.400] Can I use my Amazon Prime?
[01:15:48.400 --> 01:15:49.400] No.
[01:15:49.400 --> 01:15:50.400] I mean, yes.
[01:15:50.400 --> 01:15:51.400] Wow.
[01:15:51.400 --> 01:15:53.400] Giving without doing anything or spending any money.
[01:15:53.400 --> 01:15:54.400] This is perfect.
[01:15:54.400 --> 01:15:56.400] Thank you so much.
[01:15:56.400 --> 01:15:57.400] You're welcome.
[01:15:57.400 --> 01:15:59.400] Happy holidays, logos.
[01:16:00.400 --> 01:16:06.400] This is the Logos Radio Network.
[01:16:16.400 --> 01:16:21.400] Don't bore me
[01:16:26.400 --> 01:16:27.400] Well
[01:16:30.400 --> 01:16:34.400] Ain't gonna fool me with that same old trick again
[01:16:35.400 --> 01:16:39.400] I was blindsided but now I can see your plan
[01:16:40.400 --> 01:16:43.400] You put the fear in my pockets
[01:16:43.400 --> 01:16:45.400] Took the money from my hand
[01:16:45.400 --> 01:16:50.400] Ain't gonna fool me with that same old trick again
[01:16:54.400 --> 01:16:57.400] Ain't gonna fool me
[01:17:07.400 --> 01:17:08.400] Okay.
[01:17:08.400 --> 01:17:09.400] We are back.
[01:17:09.400 --> 01:17:10.400] Randy Kelton.
[01:17:10.400 --> 01:17:11.400] We're at the fountain.
[01:17:11.400 --> 01:17:13.400] We have our radio and we're talking about,
[01:17:13.400 --> 01:17:16.400] I was talking about how to formulate
[01:17:17.400 --> 01:17:21.400] a complaint against the district judge.
[01:17:23.400 --> 01:17:25.400] I went in front of him on the habeas
[01:17:25.400 --> 01:17:27.400] and because I did that,
[01:17:29.400 --> 01:17:33.400] I can establish that he has knowledge of due process
[01:17:33.400 --> 01:17:37.400] because I walked through due process on the record.
[01:17:38.400 --> 01:17:40.400] We had a court reporter
[01:17:40.400 --> 01:17:43.400] and she was taking it all down
[01:17:43.400 --> 01:17:45.400] and I did it in front of witnesses
[01:17:47.400 --> 01:17:51.400] and I indicated all the steps of due process
[01:17:51.400 --> 01:17:55.400] and the steps are there must be a complainant
[01:17:55.400 --> 01:17:57.400] who files a complaint.
[01:17:57.400 --> 01:18:02.400] Now that complainant does not have to have a dog in the hunt.
[01:18:03.400 --> 01:18:07.400] Doesn't even have to have observed anything personally.
[01:18:07.400 --> 01:18:12.400] Personally, he must only have reason to believe
[01:18:12.400 --> 01:18:16.400] and do believe that a crime has been committed
[01:18:16.400 --> 01:18:21.400] and then he must state that he has reason to believe
[01:18:21.400 --> 01:18:24.400] and does believe based on a set of facts
[01:18:24.400 --> 01:18:27.400] that establishes the elements of a crime.
[01:18:28.400 --> 01:18:31.400] So I want to state that this judge
[01:18:31.400 --> 01:18:34.400] impersonated a judicial officer.
[01:18:35.400 --> 01:18:38.400] Now he was a judicial officer
[01:18:38.400 --> 01:18:42.400] but he did not, at the time he sat
[01:18:42.400 --> 01:18:45.400] and purported to be a judicial officer,
[01:18:45.400 --> 01:18:48.400] he did not have jurisdiction
[01:18:48.400 --> 01:18:51.400] because all of the statutory requirements
[01:18:51.400 --> 01:18:53.400] were not in front of him.
[01:18:54.400 --> 01:19:00.400] In order for this person to be in jail
[01:19:00.400 --> 01:19:04.400] and be subject to prosecution,
[01:19:04.400 --> 01:19:10.400] there must be a complaint by a citizen,
[01:19:11.400 --> 01:19:14.400] there must be a statement of probable cause,
[01:19:14.400 --> 01:19:19.400] there must be a determination of probable cause
[01:19:19.400 --> 01:19:22.400] by a magistrate,
[01:19:22.400 --> 01:19:25.400] there must be a warrant issued by a magistrate,
[01:19:25.400 --> 01:19:32.400] there must be an indictment issued under Article 5 Section 17
[01:19:32.400 --> 01:19:34.400] and that's felony or misdemeanor,
[01:19:34.400 --> 01:19:39.400] actually Article 5 Section 17 goes to misdemeanors only
[01:19:39.400 --> 01:19:43.400] and it says all of them must have an indictment.
[01:19:46.400 --> 01:19:50.400] And the person must, there cannot be an indictment
[01:19:50.400 --> 01:19:53.400] until the person has been arrested.
[01:19:53.400 --> 01:19:56.400] So this person's in jail
[01:19:56.400 --> 01:20:00.400] and what I told the judge was that
[01:20:00.400 --> 01:20:03.400] I know she's been arrested because she's in jail
[01:20:03.400 --> 01:20:07.400] and this prosecutor over here, he knows she's been arrested
[01:20:07.400 --> 01:20:09.400] because she's in jail.
[01:20:09.400 --> 01:20:14.400] But you, as the judge, you don't know if she's been arrested or not.
[01:20:15.400 --> 01:20:19.400] In order for you to know, as the judge,
[01:20:19.400 --> 01:20:23.400] you would have to have it filed, properly filed
[01:20:23.400 --> 01:20:27.400] in the court records in accordance with the rules of evidence
[01:20:27.400 --> 01:20:30.400] and it's not in there.
[01:20:30.400 --> 01:20:33.400] As far as I can tell from the court record,
[01:20:33.400 --> 01:20:37.400] nobody has ever accused this person of a crime.
[01:20:37.400 --> 01:20:42.400] She has, by the court record, she's never been arrested,
[01:20:42.400 --> 01:20:47.400] she's never been before a magistrate who made a determination of probable cause
[01:20:47.400 --> 01:20:51.400] plus if she had, there would be an order
[01:20:51.400 --> 01:20:55.400] under 16.17 Texas Code of Criminal Procedure,
[01:20:55.400 --> 01:21:00.400] there would be a warrant under 1619 Code of Criminal Procedure,
[01:21:00.400 --> 01:21:04.400] there would be a commitment order under 1620
[01:21:04.400 --> 01:21:07.400] and they would all have been sealed up in an envelope.
[01:21:07.400 --> 01:21:11.400] I should have said there should, there will be an envelope
[01:21:11.400 --> 01:21:16.400] with the name of a magistrate written across the seal of the envelope.
[01:21:16.400 --> 01:21:17.400] Yeah.
[01:21:17.400 --> 01:21:23.400] Because 1617 tells, once a person's brought before a magistrate,
[01:21:23.400 --> 01:21:26.400] the first thing the magistrate does is read them their rights,
[01:21:26.400 --> 01:21:30.400] the second thing he must do is notify them that they have opportunity
[01:21:30.400 --> 01:21:33.400] to make a statement under 1604
[01:21:33.400 --> 01:21:39.400] and if a statement is made, their statement is to be rendered to writing
[01:21:39.400 --> 01:21:46.400] and signed by the accused, affirming its correctness
[01:21:46.400 --> 01:21:51.400] and then there must be an allegation by a,
[01:21:51.400 --> 01:21:54.400] in the form of a complaint
[01:21:54.400 --> 01:22:00.400] and then the accused must be given opportunity to examine the witnesses against him
[01:22:00.400 --> 01:22:02.400] and the testimony...
[01:22:02.400 --> 01:22:04.400] Yeah, like cross-examining.
[01:22:04.400 --> 01:22:13.400] It will be recorded and both the prosecutor, if he's there,
[01:22:13.400 --> 01:22:21.400] and the accused will sign the record attesting to its accuracy.
[01:22:21.400 --> 01:22:26.400] There must be a 1617 order, the judge must make a determination probable cause
[01:22:26.400 --> 01:22:30.400] and he does it with this order under 16.17.
[01:22:30.400 --> 01:22:36.400] If there's not one, then under 16.17, if there's not one filed with the clerk within 48 hours,
[01:22:36.400 --> 01:22:38.400] the accused shall be discharged.
[01:22:38.400 --> 01:22:42.400] Then there must be a warrant under 1619
[01:22:42.400 --> 01:22:47.400] and then there must be a commitment order committing him to the jail under 1620
[01:22:47.400 --> 01:22:51.400] and then the judge under 1730, 17.30,
[01:22:51.400 --> 01:22:54.400] is commanded to seal all those documents had in the hearing
[01:22:54.400 --> 01:22:57.400] cause his name to be written across the seal of the envelope
[01:22:57.400 --> 01:23:00.400] and forwarded to the clerk of the court of jurisdiction.
[01:23:00.400 --> 01:23:06.400] When I quoted that to the judge, he was leaning up over his gavel a little bit.
[01:23:06.400 --> 01:23:11.400] I absolutely had his attention because from looking at him, it was clear to me
[01:23:11.400 --> 01:23:15.400] he had never heard of that.
[01:23:15.400 --> 01:23:23.400] And then under 1730, the magistrate is to seal in an envelope
[01:23:23.400 --> 01:23:25.400] and forwarded to the clerk of the court of jurisdiction
[01:23:25.400 --> 01:23:30.400] and the clerk of the court of jurisdiction is then required to,
[01:23:30.400 --> 01:23:33.400] there's a couple of things they're required to do,
[01:23:33.400 --> 01:23:37.400] and then they're required to deliver them up to the next grand jury.
[01:23:37.400 --> 01:23:43.400] And then the grand jury is to vote and if the grand jury finds a trivial,
[01:23:43.400 --> 01:23:51.400] they're to come before them the clerk with a quorum of the grand jury present.
[01:23:51.400 --> 01:23:59.400] This is under the new code, it's 20A.304.
[01:23:59.400 --> 01:24:08.400] They must come before the court or the clerk with a quorum of the grand jury present
[01:24:08.400 --> 01:24:13.400] and read the indictment into the record and the clerk shall make notes
[01:24:13.400 --> 01:24:18.400] in the minutes of the court unless the person has not been arrested
[01:24:18.400 --> 01:24:23.400] in which case the clerk shall not make notes in the minutes of the court
[01:24:23.400 --> 01:24:28.400] but shall issue a capious warrant.
[01:24:28.400 --> 01:24:35.400] And once the person is arrested, then the clerk can make notes in the minutes of the court.
[01:24:35.400 --> 01:24:42.400] That means the indictment or the true bill does not become an indictment,
[01:24:42.400 --> 01:24:48.400] a public indictment until the person has been arrested.
[01:24:48.400 --> 01:24:50.400] And I told them to judge.
[01:24:50.400 --> 01:24:54.400] As far as I can tell from looking at the court record,
[01:24:54.400 --> 01:25:01.400] I'm sorry, the prosecutor objected to my challenge to jurisdiction
[01:25:01.400 --> 01:25:04.400] claiming that they had an indictment.
[01:25:04.400 --> 01:25:10.400] And then I quoted 20A.304 to the court just like I did.
[01:25:10.400 --> 01:25:13.400] It's exciting that they can't have an indictment yet.
[01:25:13.400 --> 01:25:19.400] And there can't be one yet because the clerk has never got evidence
[01:25:19.400 --> 01:25:22.400] that the person's been arrested.
[01:25:22.400 --> 01:25:25.400] He did not like hearing that, but he ruled against me anyway.
[01:25:25.400 --> 01:25:31.400] So now I'm going to charge him criminally claiming under Walker v. Packer
[01:25:31.400 --> 01:25:36.400] the judge has no discretion in properly applying the law to the facts.
[01:25:36.400 --> 01:25:38.400] What about when they want to?
[01:25:38.400 --> 01:25:39.400] When they want to.
[01:25:39.400 --> 01:25:42.400] A failure to do so is abuse of discretion.
[01:25:42.400 --> 01:25:47.400] And I'm going to claim that he impersonated a judicial officer
[01:25:47.400 --> 01:25:54.400] because he did not have the proper documents to prove up that he had jurisdiction.
[01:25:54.400 --> 01:26:01.400] And the reason he didn't is because they did not hold a proper examining trial.
[01:26:01.400 --> 01:26:05.400] What they did instead was this thing they call a magistration.
[01:26:05.400 --> 01:26:07.400] And I address this to the court.
[01:26:07.400 --> 01:26:13.400] That is a procedure that can only be done when someone is arrested out of county
[01:26:13.400 --> 01:26:16.400] and taken to an out of county magistrate.
[01:26:16.400 --> 01:26:20.400] He can do that abbreviated hearing, but once they get back to the county of jurisdiction,
[01:26:20.400 --> 01:26:23.400] they're to have a proper examining trial.
[01:26:23.400 --> 01:26:28.400] And all the documentation would necessarily be sent to the court.
[01:26:28.400 --> 01:26:31.400] But when they do this magistration thing?
[01:26:31.400 --> 01:26:34.400] Yeah, then they skip everything and there's no documentation.
[01:26:34.400 --> 01:26:37.400] There's no examination into the court.
[01:26:37.400 --> 01:26:40.400] There's no asking the witnesses any questions.
[01:26:40.400 --> 01:26:42.400] The witnesses are not even there.
[01:26:42.400 --> 01:26:45.400] Yeah, they give it back to the sheriff.
[01:26:45.400 --> 01:26:48.400] So I know where it's at. The sheriff's got it.
[01:26:48.400 --> 01:26:50.400] They skipped all those steps.
[01:26:50.400 --> 01:26:58.400] They didn't seal it in an envelope and protect the chain of evidence.
[01:26:59.400 --> 01:27:04.400] Sorry, soft drink lovers, even diet drinks can make you fat.
[01:27:04.400 --> 01:27:09.400] A new study shows that diet soda drinkers gain much more weight than people who avoid the stuff.
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[01:27:15.400 --> 01:27:17.400] Privacy is under attack.
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[01:27:44.400 --> 01:27:49.400] Artificial sweeteners cut the calories and help you lose weight, right? Wrong.
[01:27:49.400 --> 01:27:54.400] Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:27:54.400 --> 01:28:01.400] They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:28:01.400 --> 01:28:04.400] The study's authors say artificial sweeteners trigger the appetite,
[01:28:04.400 --> 01:28:08.400] but unlike regular sugars, don't deliver anything to squelch it.
[01:28:08.400 --> 01:28:14.400] Waking up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake.
[01:28:14.400 --> 01:28:17.400] So use natural sweeteners to maintain a healthy weight,
[01:28:17.400 --> 01:28:22.400] and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead.
[01:28:22.400 --> 01:28:27.400] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:28:52.400 --> 01:28:56.400] I'm the father who lost his son. We're Americans, and we deserve the truth.
[01:28:56.400 --> 01:28:59.400] Go to RememberBuilding7.org today.
[01:29:22.400 --> 01:29:24.400] And preserve our rights through due process.
[01:29:24.400 --> 01:29:27.400] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[01:29:27.400 --> 01:29:32.400] has put together the most comprehensive teaching tool available that will help you understand what due process is
[01:29:32.400 --> 01:29:34.400] and how to hold courts to the rule of law.
[01:29:34.400 --> 01:29:38.400] You can get your own copy of this invaluable material by going to RuleOfLawRadio.com
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[01:30:19.400 --> 01:30:46.400] Okay, we are back, Randy Kelm, where I found RuleOfLawRadio,
[01:30:46.400 --> 01:30:54.400] and what I'm trying to do here is I'm walking down all the allegations and the elements of those allegations.
[01:30:54.400 --> 01:30:59.400] I don't care if the judge is biased or unbiased.
[01:30:59.400 --> 01:31:01.400] I don't care if he's a good guy or bad guy.
[01:31:01.400 --> 01:31:04.400] I don't care what their motivations are.
[01:31:04.400 --> 01:31:12.400] I only care what the statutes say and how they followed the statutes,
[01:31:12.400 --> 01:31:18.400] fail to follow the statutes, or exercise some discretion in between.
[01:31:18.400 --> 01:31:29.400] And in this analysis, I'm trying to only address those portions of procedural due process,
[01:31:29.400 --> 01:31:34.400] wherein there is no discretion.
[01:31:34.400 --> 01:31:39.400] In one of the earlier segments, we talked about due process,
[01:31:39.400 --> 01:31:44.400] and I wanted to address that there's just two kinds of due process.
[01:31:44.400 --> 01:31:49.400] There's substantive and procedural.
[01:31:49.400 --> 01:31:56.400] Substantive is where a cop lies about you,
[01:31:56.400 --> 01:32:03.400] or a bunch of these guys get together and conspire against you,
[01:32:03.400 --> 01:32:10.400] where a judge fails to properly apply the law to the facts.
[01:32:10.400 --> 01:32:19.400] Procedural, if you're arrested for an on-site offense under 14.06,
[01:32:19.400 --> 01:32:29.400] the arresting officer is commanded to take you directly to the dearest magistrate.
[01:32:29.400 --> 01:32:31.400] That's procedural.
[01:32:31.400 --> 01:32:34.400] It may or may not harm you,
[01:32:34.400 --> 01:32:40.400] because if you're a really dirty dog, dude, you might not want to go to the magistrate.
[01:32:40.400 --> 01:32:43.400] But the law commands him to do that,
[01:32:43.400 --> 01:32:47.400] so taking you to the magistrate or not taking you to the magistrate
[01:32:47.400 --> 01:32:50.400] may or may not cause you harm.
[01:32:50.400 --> 01:32:52.400] Doesn't matter.
[01:32:52.400 --> 01:32:55.400] It violates procedural due process,
[01:32:55.400 --> 01:33:00.400] and what the courts have said about due process in general
[01:33:00.400 --> 01:33:06.400] is a violation of due process is harm per se.
[01:33:06.400 --> 01:33:10.400] That means when you raise the issue of due process,
[01:33:10.400 --> 01:33:14.400] harm is not an element of the allegation.
[01:33:14.400 --> 01:33:17.400] You don't have to claim harm.
[01:33:17.400 --> 01:33:20.400] You can claim how much you want in damages,
[01:33:20.400 --> 01:33:23.400] but you don't have to claim that as harm,
[01:33:23.400 --> 01:33:25.400] because it's not an element.
[01:33:25.400 --> 01:33:29.400] So I'm going down what the elements are.
[01:33:29.400 --> 01:33:33.400] The elements of procedural due process,
[01:33:33.400 --> 01:33:38.400] this is what they were commanded to do.
[01:33:38.400 --> 01:33:41.400] They did not do these things.
[01:33:41.400 --> 01:33:46.400] I'm being real careful not to add any accusations
[01:33:46.400 --> 01:33:52.400] other than that they did not perform a very specific duty they were required to perform.
[01:33:52.400 --> 01:33:55.400] I read these documents,
[01:33:55.400 --> 01:34:00.400] and people want to intersperse into the factual allegations,
[01:34:00.400 --> 01:34:03.400] their opinions about the facts.
[01:34:03.400 --> 01:34:11.400] He arrested me and took me to jail in order to punish me.
[01:34:11.400 --> 01:34:14.400] I don't know if that's the case or not.
[01:34:14.400 --> 01:34:17.400] He arrested you and took you to jail. That's all.
[01:34:17.400 --> 01:34:20.400] Yeah. If you put that other in there,
[01:34:20.400 --> 01:34:22.400] then that may or may not be true,
[01:34:22.400 --> 01:34:25.400] but now that you've alleged it, you're going to have to prove it,
[01:34:25.400 --> 01:34:28.400] otherwise your whole sentence falls apart.
[01:34:28.400 --> 01:34:30.400] And when you put that in there,
[01:34:30.400 --> 01:34:32.400] the opposing counsel is going to look at that,
[01:34:32.400 --> 01:34:37.400] and oh goody, we've got to ask you to jump on.
[01:34:37.400 --> 01:34:40.400] So I have this rule,
[01:34:40.400 --> 01:34:45.400] never give fair warning.
[01:34:45.400 --> 01:34:50.400] Don't tell them anything extra.
[01:34:50.400 --> 01:34:54.400] Don't disparage them.
[01:34:54.400 --> 01:34:59.400] Don't try to tell the trier of fact
[01:34:59.400 --> 01:35:03.400] how to read the facts.
[01:35:03.400 --> 01:35:07.400] This gets to be kind of an art.
[01:35:07.400 --> 01:35:12.400] You want to create a set of facts,
[01:35:12.400 --> 01:35:18.400] and then figure out where you want the mind of your reader
[01:35:18.400 --> 01:35:22.400] when they finish reading all the facts.
[01:35:22.400 --> 01:35:28.400] And instead of trying to tell your reader to bring his mind to this place,
[01:35:28.400 --> 01:35:33.400] construct your facts so that when the reader reads your facts,
[01:35:33.400 --> 01:35:36.400] they will come to this conclusion on their own.
[01:35:36.400 --> 01:35:40.400] Because if you get them to come to this conclusion
[01:35:40.400 --> 01:35:43.400] based on the way you've put your facts together,
[01:35:43.400 --> 01:35:46.400] and then you go to the argument in support,
[01:35:46.400 --> 01:35:52.400] and you allege what you already got the reader to think
[01:35:52.400 --> 01:35:55.400] when they read your facts,
[01:35:55.400 --> 01:35:59.400] if you put your conclusions together
[01:35:59.400 --> 01:36:02.400] the way you got them to put their conclusions together,
[01:36:02.400 --> 01:36:05.400] they think you're pretty smart,
[01:36:05.400 --> 01:36:07.400] because you thought what they did.
[01:36:07.400 --> 01:36:09.400] And the point of that is,
[01:36:09.400 --> 01:36:13.400] you have all the time you want to construct these facts,
[01:36:13.400 --> 01:36:17.400] and you don't have to put every fact in there.
[01:36:17.400 --> 01:36:24.400] You only have to put in the facts that are absolutely necessary
[01:36:24.400 --> 01:36:27.400] to support the claim,
[01:36:27.400 --> 01:36:29.400] whether they're good for you or bad for you,
[01:36:29.400 --> 01:36:32.400] you still have to put them in there.
[01:36:32.400 --> 01:36:37.400] But there's a lot of smaller facts that don't necessarily have to be in there,
[01:36:37.400 --> 01:36:42.400] like when the policeman asks you for your license,
[01:36:42.400 --> 01:36:45.400] you said you didn't want to give it to him.
[01:36:45.400 --> 01:36:50.400] Well, that's a fact, but you don't need to put it in there.
[01:36:50.400 --> 01:36:57.400] That only becomes essential if you're accused of not giving them their license.
[01:36:57.400 --> 01:37:03.400] So don't put that extra stuff in there unless it's absolutely critical,
[01:37:03.400 --> 01:37:06.400] and it's going to come out and it'll look like you're hiding something.
[01:37:06.400 --> 01:37:10.400] If you didn't, then don't put it in there.
[01:37:10.400 --> 01:37:16.400] But if not, put in the facts that would lead a normal person of ordinary prudence
[01:37:16.400 --> 01:37:23.400] on reading your facts to come to the conclusions you want them to come to.
[01:37:23.400 --> 01:37:27.400] Yeah, and sometimes, you know, we were telling Stephen just a minute ago
[01:37:27.400 --> 01:37:33.400] to focus on only the facts that go to essential elements of each count.
[01:37:33.400 --> 01:37:37.400] Sometimes if you have multiple counts,
[01:37:37.400 --> 01:37:41.400] you don't put the facts in the counts like that.
[01:37:41.400 --> 01:37:45.400] You're going to put them in their chronological order up front,
[01:37:45.400 --> 01:37:49.400] like you're telling the story up front, and they get out of order from the counts,
[01:37:49.400 --> 01:37:52.400] but that's okay because they're in chronological order.
[01:37:52.400 --> 01:37:57.400] So you might, as you're going down through chronologically,
[01:37:57.400 --> 01:38:02.400] you're telling the story, and as it unfolds in a natural, easy-to-read way,
[01:38:02.400 --> 01:38:04.400] you've established two out of the three.
[01:38:04.400 --> 01:38:07.400] You've still got a third one that's left hanging,
[01:38:07.400 --> 01:38:11.400] and now you're already asserting something that goes to a different count,
[01:38:11.400 --> 01:38:13.400] but that's okay.
[01:38:13.400 --> 01:38:17.400] And then you come back and maybe there's several bullet points down.
[01:38:17.400 --> 01:38:21.400] Now in chronology, now you've finally brought up a fact
[01:38:21.400 --> 01:38:25.400] that supports that third element, just as an example.
[01:38:25.400 --> 01:38:31.400] One of the things I like to do is a brief introduction, one paragraph.
[01:38:32.400 --> 01:38:36.400] In the introduction, you're telling the judge,
[01:38:36.400 --> 01:38:40.400] when you read this next section with all these facts in it,
[01:38:40.400 --> 01:38:44.400] this is how you should think about those facts.
[01:38:44.400 --> 01:38:50.400] I'm going to allege and prove up the following.
[01:38:50.400 --> 01:38:56.400] The judge in this case prosecuted this case when he did not have
[01:38:56.400 --> 01:39:02.400] all the proper documentation in place to give him subject matter jurisdiction
[01:39:02.400 --> 01:39:05.400] to rule over the case.
[01:39:05.400 --> 01:39:07.400] Now, that's my introduction.
[01:39:07.400 --> 01:39:12.400] And I come back and I start walking through the codes.
[01:39:12.400 --> 01:39:14.400] Just facts.
[01:39:14.400 --> 01:39:19.400] Under this code, under 1406, the officer was required to take the person
[01:39:19.400 --> 01:39:22.400] directly to the nearest magistrate by the most direct.
[01:39:22.400 --> 01:39:27.400] And they're going to read that colored by what you just told them your position is.
[01:39:27.400 --> 01:39:28.400] Exactly.
[01:39:28.400 --> 01:39:34.400] And then I'm going to say, you took the accused directly to jail
[01:39:34.400 --> 01:39:37.400] and just walk through the facts.
[01:39:37.400 --> 01:39:39.400] But I'm going to put them in there.
[01:39:39.400 --> 01:39:45.400] I'm only going to tell those facts that go to the issues I want the judge to think.
[01:39:45.400 --> 01:39:49.400] And once you've written your set of facts, you can go back.
[01:39:49.400 --> 01:39:54.400] And I generally go to the facts when I'm finished.
[01:39:54.400 --> 01:39:56.400] I'll put a set of facts in there.
[01:39:56.400 --> 01:40:00.400] And then I'll write my argument in support.
[01:40:00.400 --> 01:40:04.400] When you write your argument in support, then you can put your opinions in.
[01:40:04.400 --> 01:40:15.400] But you've already laid out the fact set so the reader kind of has a mental image of your whole case.
[01:40:15.400 --> 01:40:21.400] So when you mention a fact up here, if it's going to become important later,
[01:40:21.400 --> 01:40:23.400] the reader's already going to know that.
[01:40:23.400 --> 01:40:25.400] And they'll start making these stitches together.
[01:40:25.400 --> 01:40:29.400] You know how I tell you folks, get the code and read it.
[01:40:29.400 --> 01:40:32.400] Don't try to understand it, just read it.
[01:40:32.400 --> 01:40:35.400] Then go back to the beginning and read it again.
[01:40:35.400 --> 01:40:42.400] The second time you read it, you'll start making connections to the bottom and the top and all over the place.
[01:40:42.400 --> 01:40:46.400] So when you write out your facts, you want to do that in such a way
[01:40:46.400 --> 01:40:50.400] so that when you come back and do your argument in support,
[01:40:50.400 --> 01:40:52.400] you talk about something at the top,
[01:40:52.400 --> 01:40:56.400] the judge is going to remember some of the facts that were at the bottom.
[01:40:56.400 --> 01:40:58.400] You'll better understand how it is.
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[01:43:04.400 --> 01:43:08.400] Well you know karma is lurking around the corner
[01:43:08.400 --> 01:43:11.400] You better watch every step you take
[01:43:11.400 --> 01:43:15.400] And you didn't put me to follow you
[01:43:18.400 --> 01:43:22.400] Yeah baby Jerry, sing reality
[01:43:26.400 --> 01:43:29.400] Okay, karma is lurking around the corner
[01:43:29.400 --> 01:43:30.400] Sing Jerry, come on!
[01:43:30.400 --> 01:43:37.400] As we sow, so shall we reap
[01:43:37.400 --> 01:43:44.400] So many crucial works get put on hold while we sleep
[01:43:44.400 --> 01:43:50.400] Try as we will to turn small steps to giant me
[01:43:50.400 --> 01:43:53.400] Remember what goes around comes around
[01:43:53.400 --> 01:43:59.400] As we sow, so shall we reap
[01:43:59.400 --> 01:44:02.400] Listen, listen to the sound
[01:44:06.400 --> 01:44:10.400] Karma is lurking around the corner
[01:44:10.400 --> 01:44:15.400] Sleeping at your house, don't trust no nighter
[01:44:16.400 --> 01:44:19.400] One by one, me friend tell everybody
[01:44:19.400 --> 01:44:23.400] Pass on the words of Almighty
[01:44:23.400 --> 01:44:27.400] Lend a helping hand, me say as you go along
[01:44:27.400 --> 01:44:31.400] No lay karma, me say knock you down, man
[01:44:31.400 --> 01:44:35.400] Carry the barn if you don't plant no seed
[01:44:35.400 --> 01:44:39.400] My friend Lord, you better have a good breed
[01:44:58.400 --> 01:45:03.400] This whole thing we've been talking about
[01:45:03.400 --> 01:45:05.400] Only the elements
[01:45:05.400 --> 01:45:07.400] So when you lay out your facts
[01:45:07.400 --> 01:45:10.400] You don't go to all the crap all that they did
[01:45:10.400 --> 01:45:12.400] Because for the most part
[01:45:12.400 --> 01:45:15.400] If you've got a judge or a jury
[01:45:15.400 --> 01:45:18.400] They don't care how bad they annoyed you
[01:45:18.400 --> 01:45:21.400] Or hurt your feelings or didn't do what you expected
[01:45:21.400 --> 01:45:23.400] They just don't care about that
[01:45:24.400 --> 01:45:30.400] For me, I always want to write for a grand jury of 13-year-olds
[01:45:31.400 --> 01:45:34.400] Yeah, that sounds reasonable
[01:45:34.400 --> 01:45:36.400] Do what?
[01:45:36.400 --> 01:45:38.400] That sounds reasonable
[01:45:38.400 --> 01:45:42.400] Because people are largely not very smart
[01:45:42.400 --> 01:45:44.400] No, it's not that
[01:45:44.400 --> 01:45:47.400] They're not knowledgeable in this area
[01:45:48.400 --> 01:45:53.400] If you assume that they're older and more sophisticated
[01:45:53.400 --> 01:45:58.400] They may be very sophisticated in some things
[01:45:58.400 --> 01:46:01.400] But they're not lawyers for the most part
[01:46:05.400 --> 01:46:10.400] You have to give them every piece of information that they need
[01:46:10.400 --> 01:46:13.400] And that's why they're smart enough
[01:46:13.400 --> 01:46:15.400] Their brains are developed
[01:46:16.400 --> 01:46:22.400] After 13, 14, 15-year-olds, they're nuts
[01:46:22.400 --> 01:46:26.400] All their hormones get going and they go crazy
[01:46:26.400 --> 01:46:29.400] 13, they're still a little more stable
[01:46:29.400 --> 01:46:31.400] They're still a little closer to their parents
[01:46:31.400 --> 01:46:33.400] So that's a good metaphor
[01:46:33.400 --> 01:46:35.400] Write for that group
[01:46:35.400 --> 01:46:42.400] So I have to not assume that they already know anything about law
[01:46:42.400 --> 01:46:49.400] I have to anticipate the questions that I'm going to create in their mind
[01:46:49.400 --> 01:46:55.400] And either answer the question immediately
[01:46:55.400 --> 01:46:59.400] Structure my language so I don't create that question
[01:46:59.400 --> 01:47:05.400] So that I actually answer the question in the process of creating it
[01:47:05.400 --> 01:47:12.400] Or create the question in their mind so that a little bit later I can answer that question
[01:47:12.400 --> 01:47:15.400] I can get them listening to what I'm saying
[01:47:15.400 --> 01:47:20.400] But kind of part of their brain is wondering about this
[01:47:20.400 --> 01:47:26.400] And then the next sentence or so, then I'll give them that answer
[01:47:26.400 --> 01:47:28.400] Dr. Joe's on the line
[01:47:28.400 --> 01:47:30.400] Dr. Joe?
[01:47:30.400 --> 01:47:32.400] Hey there, Randy Kelton
[01:47:32.400 --> 01:47:37.400] I think you'll recognize what I was just saying from new linguistic programming
[01:47:40.400 --> 01:47:42.400] Say again
[01:47:42.400 --> 01:47:51.400] As I said, I was talking about how I'm trying to keep in mind where the mind of my reader is
[01:47:51.400 --> 01:47:58.400] And one of the things is about creating a question in the mind of your reader or your listener
[01:47:58.400 --> 01:48:06.400] And then once you get the question in there, then speak a little bit and then come back and answer that question
[01:48:06.400 --> 01:48:13.400] So you create a slight pattern interruption, then you give them closure
[01:48:13.400 --> 01:48:19.400] So if you get somebody grasping for an answer here, they're trying to figure something out
[01:48:19.400 --> 01:48:23.400] And you give it to them, they'll tend to grab hold of it
[01:48:23.400 --> 01:48:26.400] Whether it's the right thing or the wrong thing
[01:48:26.400 --> 01:48:31.400] This is also a very common propaganda tool
[01:48:31.400 --> 01:48:35.400] Okay, it's manipulation, okay?
[01:48:35.400 --> 01:48:41.400] But then isn't everything manipulation?
[01:48:41.400 --> 01:48:46.400] That in this case where we're dealing with law
[01:48:46.400 --> 01:48:57.400] I want to manipulate my listener or my reader to come to the conclusion that I want them to come to
[01:48:57.400 --> 01:49:06.400] If you are not trying to manipulate your reader or listener to come to the conclusion that you want them to
[01:49:06.400 --> 01:49:12.400] Package your toothbrush, you're going to need it
[01:49:12.400 --> 01:49:18.400] So this is more specific how we do it
[01:49:18.400 --> 01:49:25.400] I do an introduction, so I tell them how to pay attention to my statement of facts
[01:49:25.400 --> 01:49:37.400] Under what context to construe the facts so that you stitch them together in a way
[01:49:37.400 --> 01:49:45.400] That will be very similar to the way I will stitch them together in my argument and support
[01:49:45.400 --> 01:49:52.400] And I will say based on those bare facts, this law said they were supposed to do this and this said they were supposed to do that
[01:49:52.400 --> 01:50:00.400] And then I stitch all the pieces together, so they hear it essentially three times
[01:50:00.400 --> 01:50:06.400] And I never go to anything that's not necessary
[01:50:06.400 --> 01:50:12.400] Unless it helps set up something that I need
[01:50:12.400 --> 01:50:19.400] Yeah, sometimes there's a flavor you can add or something that didn't really go to an element
[01:50:19.400 --> 01:50:25.400] But it bolsters your overall perspective
[01:50:25.400 --> 01:50:33.400] Yeah, I guess the main thing is always keep in mind what's in the mind of your listener
[01:50:33.400 --> 01:50:37.400] I had someone call me the other day and he's trying to explain something to me
[01:50:37.400 --> 01:50:41.400] And I was getting more and more frustrated
[01:50:41.400 --> 01:50:46.400] This was an issue about law, it was about insurance
[01:50:46.400 --> 01:50:53.400] And he's telling me these different things and I finally had to tell him to stop, stop, I am completely lost
[01:50:53.400 --> 01:50:57.400] And he accused me of not listening
[01:50:57.400 --> 01:50:59.400] Huh?
[01:50:59.400 --> 01:51:05.400] You can never accuse your listener of not listening
[01:51:05.400 --> 01:51:10.400] If your listener is not listening, you've done something wrong
[01:51:10.400 --> 01:51:20.400] If your listener does not come to the conclusion that you want them to come to, you can't blame your listener
[01:51:20.400 --> 01:51:24.400] Can I get you to tell my wife stuff like that?
[01:51:24.400 --> 01:51:28.400] This lifetime
[01:51:28.400 --> 01:51:33.400] Let me get you within arm's reach of her and you can explain that
[01:51:33.400 --> 01:51:40.400] I have too much wisdom for that, and I have scars to show for that wisdom
[01:51:40.400 --> 01:51:47.400] But I could give her the rubber ball theory and she could beat you up with it
[01:51:47.400 --> 01:51:54.400] But actually what I'm doing here is all interwoven with what's in the rubber ball theory
[01:51:54.400 --> 01:51:59.400] When we're in these cases, we're in law, and every lawyer does this
[01:51:59.400 --> 01:52:02.400] And every lawyer that's worth his salt
[01:52:02.400 --> 01:52:10.400] He is very conscious of where the mind of his reader, of his listener is
[01:52:10.400 --> 01:52:15.400] And he's always trying to move the mind of his listener where he wants it to go
[01:52:15.400 --> 01:52:27.400] So imagine a lawyer getting upset at a jury because they don't understand what he tried to present to them
[01:52:27.400 --> 01:52:32.400] And you've got to take full responsibility
[01:52:32.400 --> 01:52:37.400] Communication is not what you say
[01:52:37.400 --> 01:52:40.400] Communication is the response you get
[01:52:40.400 --> 01:52:43.400] So when you're writing your motions and pleadings
[01:52:43.400 --> 01:52:46.400] You've got all this stuff you want to say
[01:52:46.400 --> 01:52:49.400] I was just reading Bonnie's statement of facts
[01:52:49.400 --> 01:52:53.400] And she's saying all this stuff
[01:52:53.400 --> 01:52:56.400] About all the horrible things they do
[01:52:56.400 --> 01:53:06.400] And how she's not inhabiting the body of the all caps straw man
[01:53:06.400 --> 01:53:07.400] What?
[01:53:07.400 --> 01:53:09.400] Oh my goodness
[01:53:09.400 --> 01:53:12.400] And what they're doing
[01:53:12.400 --> 01:53:15.400] She's in a state court arguing a state issue
[01:53:15.400 --> 01:53:20.400] And it violates this federal code and this federal code and this federal code
[01:53:20.400 --> 01:53:24.400] No, no, no, you can't do that
[01:53:24.400 --> 01:53:28.400] If you're in a federal court, you bring all these federal cases
[01:53:28.400 --> 01:53:32.400] But when you're in a state court arguing a state issue
[01:53:32.400 --> 01:53:35.400] The federal stuff don't mean anything
[01:53:35.400 --> 01:53:38.400] They always keep track of where you're at
[01:53:39.400 --> 01:53:42.400] I had a judge tell me that one time
[01:53:42.400 --> 01:53:45.400] And when he said that
[01:53:45.400 --> 01:53:47.400] There was a moment there
[01:53:47.400 --> 01:53:48.400] I had to make a shift
[01:53:48.400 --> 01:53:51.400] There was a moment where I thought
[01:53:51.400 --> 01:53:52.400] Oh, he's just blowing me off
[01:53:52.400 --> 01:53:54.400] He's just making up stuff
[01:53:54.400 --> 01:53:56.400] And then it clicked
[01:53:56.400 --> 01:54:03.400] This is not the right place to be talking about those things
[01:54:03.400 --> 01:54:04.400] Yeah, exactly
[01:54:04.400 --> 01:54:06.400] Because he can't hear it
[01:54:06.400 --> 01:54:09.400] Right, it's a federal matter
[01:54:09.400 --> 01:54:13.400] So we have to be
[01:54:13.400 --> 01:54:16.400] It's an art
[01:54:16.400 --> 01:54:22.400] And I always want people
[01:54:22.400 --> 01:54:25.400] I put my pleadings up on the Telegram channel
[01:54:25.400 --> 01:54:28.400] Because I want people to read them
[01:54:28.400 --> 01:54:32.400] And tell me where the reader
[01:54:32.400 --> 01:54:39.400] Notices the writer as opposed to the content
[01:54:39.400 --> 01:54:44.400] Because if the reader notices the writer
[01:54:44.400 --> 01:54:48.400] Then I've dropped them out of mental flow
[01:54:48.400 --> 01:54:54.400] They've dropped out of the trance I want them to be in
[01:54:54.400 --> 01:54:59.400] I want to keep them in a trance until I'm done
[01:54:59.400 --> 01:55:02.400] I don't want them free-thinking
[01:55:02.400 --> 01:55:05.400] While I'm trying to lead them to a point
[01:55:05.400 --> 01:55:07.400] While this free-thinking stuff
[01:55:07.400 --> 01:55:10.400] That can really get you in trouble
[01:55:12.400 --> 01:55:13.400] Okay, Brett
[01:55:13.400 --> 01:55:16.400] We're going to pull the plug here at 10 o'clock
[01:55:16.400 --> 01:55:17.400] We don't have any callers
[01:55:17.400 --> 01:55:20.400] And frankly I'm not feeling well
[01:55:20.400 --> 01:55:24.400] So I don't think I'll make two more hours
[01:55:24.400 --> 01:55:27.400] I do thank you all for listening
[01:55:27.400 --> 01:55:30.400] We have the
[01:55:30.400 --> 01:55:33.400] Listen Live is back up and working
[01:55:33.400 --> 01:55:35.400] We had some issues with it yesterday
[01:55:35.400 --> 01:55:37.400] But they got that all straightened out
[01:55:37.400 --> 01:55:40.400] So everything is working
[01:55:40.400 --> 01:55:42.400] Thank you all for listening
[01:55:42.400 --> 01:55:47.400] And come back next Monday with lots of questions