[00:00.000 --> 00:06.880] The following news flashes brought to you by The Lone Star Lowdown. [00:06.880 --> 00:13.200] Markets for Monday the 22nd of July 2019, open with precious metals, gold $1,429 an ounce, [00:13.200 --> 00:21.520] silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude [00:21.520 --> 00:29.800] $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum [00:29.800 --> 00:41.480] $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin. [00:46.040 --> 00:52.760] Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated on [00:52.760 --> 00:58.280] Market Street in San Francisco during the World War I preparedness day parade, killing 10 and [00:58.280 --> 01:07.480] entering 40. Today in history, and recent news, since Governor Greg Abbott signed House Bill [01:07.480 --> 01:13.160] 1325 legalizing HEP into taxes law back in June, county prosecutors around the state including [01:13.160 --> 01:17.800] Houston, Austin, San Antonio have been dropping marijuana possession charges and even refusing [01:17.800 --> 01:22.360] to file new ones, since they are stipulating that they do not have the time or the laboratory [01:22.360 --> 01:27.240] equipment to test the earth for THC. Margaret Moore, the Travis County District Attorney [01:27.240 --> 01:31.880] announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana [01:31.880 --> 01:36.680] cases because of the law. Mr. Abbott and other state officials including the Attorney General [01:36.680 --> 01:40.920] stipulated in a letter to county district attorneys back on Thursday that marijuana [01:40.920 --> 01:45.720] has not been decriminalized in Texas and that these actions demonstrate a misunderstanding [01:45.720 --> 01:52.440] of how HB 1325 works, as well as other cities too like the district attorney in El Paso, [01:52.440 --> 01:58.040] Kaima Esparza, a Democrat who also stated earlier this month that the law quote will not have an [01:58.040 --> 02:03.400] effect on the prosecution of marijuana cases in El Paso. However, the issue was succinctly [02:03.400 --> 02:08.760] summarized by Mr. Brandon Ball, an assistant public defender in Harris County who stated that quote, [02:08.760 --> 02:13.320] the law is constantly changing on what makes something illegal based on its chemical makeup. [02:13.320 --> 02:22.600] It's important that if someone is charged with something, the test matches what they're charged with. [02:22.600 --> 02:27.720] A paper by Tulane University identified a five and a half inch American pocket shark as the [02:27.720 --> 02:33.080] first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever [02:33.080 --> 02:39.160] captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean. [02:39.160 --> 02:44.280] According to the university paper, the shark secretes a lumus fluid from a gland near its [02:44.280 --> 02:50.440] front fins for the purpose it is hypothesized to lure and prey who may be drawn into the glow. [02:50.440 --> 03:07.240] This is Rook Rody with your lowdown for July 22, 2019. [03:20.440 --> 03:23.240] What you gonna do? What you gonna do? [03:27.080 --> 03:32.600] Bad boys, bad boys. What you gonna do? What you gonna do when they come for you? [03:32.600 --> 03:38.280] Bad boys, bad boys. What you gonna do? What you gonna do when they come for you? [03:38.280 --> 03:44.600] When you were eight and you had bad dreams, you go to school and undergo then lose. So why are [03:44.600 --> 03:50.760] you acting like a bloody fool if you get f***ed and you must get cool? Bad boys, bad boys. [03:50.760 --> 03:55.960] What you gonna do? What you gonna do when they come for you? Bad boys, bad boys. [03:56.680 --> 04:02.200] Okay, howdy, howdy. Ready to tell some bread and salt on the rule of law radio [04:02.200 --> 04:08.760] on the Thursday the 25th day of February 2021. [04:08.760 --> 04:19.000] And I am in the process of bringing my traffic site back up. I've been all day loading documents and [04:20.920 --> 04:28.360] getting everything set up so that we can push this thing to the top of the first page of Google. [04:29.400 --> 04:34.600] Got a thousand dollars invested in that so I should get that up and we'll have this going [04:34.600 --> 04:40.840] pretty soon. Did have one issue I forgot to put up and that was the ability to pay. [04:42.520 --> 04:48.120] So now everybody gets it free. So if you got a ticket go to trafficticket.website. [04:49.720 --> 04:55.000] Click on the input page and fill out the information, send it to me. It will [04:56.840 --> 05:03.080] create a bunch of documents you can download. Sign them, buy or sign them and send them. [05:03.080 --> 05:13.400] And should make the courts crazy. And I've got the documents themselves on the web so you can [05:13.400 --> 05:20.360] click on those and look at them and read the documents with the explanation of why we're [05:21.240 --> 05:27.480] filing the particular documents that we are. And that will help you get a good [05:27.480 --> 05:35.720] set of basics on how the system really works. So if you're interested, even if you don't have a [05:35.720 --> 05:43.080] ticket just go in there and put in some information and critique it for me. Read my documents, [05:45.240 --> 05:49.240] tear them apart for me. Let me know what's wrong with them if I miss something. [05:49.240 --> 05:56.760] If I've got any typos that I've missed, I'm notorious for missing typos. I blame that on [05:56.760 --> 06:03.400] Microsoft Word. It doesn't spell very well. But then I'm a guy and guys never take responsibility. [06:04.760 --> 06:11.080] So even if you have that up, it's fine. It just puts the wrong words in there. [06:11.080 --> 06:20.360] I'm having a little throat issue and I took a cough drop to kind of ease it. Do not inhale [06:20.360 --> 06:31.320] cough drops. Important piece of information. Excuse me. Okay. What have you been up to, Brett? [06:31.320 --> 06:41.320] Well, I guess in several different people's situations, I've been helping them to either [06:41.320 --> 06:48.200] understand what's going on, understand the options that they have for next steps, [06:48.840 --> 06:55.080] because so many times we don't know what's going on. What's happening? Why is this happening to me? [06:55.080 --> 07:04.840] They did this and they did that and the person who's caught up in the middle of it [07:04.840 --> 07:08.520] doesn't even know how to separate who the players are, let alone what the options are. [07:09.320 --> 07:16.920] So I've been doing a lot of that lately, helping people to understand what remedy they have. [07:16.920 --> 07:25.560] Some foreclosure cases in New Jersey, Rhode Island, some family law I started getting into just [07:27.720 --> 07:33.240] don't know a whole lot about family law, but some people are needing that and so I'm helping them [07:33.240 --> 07:40.920] to read what it is that's going on to find the statutes where these phrases are that they're [07:40.920 --> 07:47.320] being accused of or that something got referenced by an attorney, go find it, read it. So we've [07:47.320 --> 07:54.200] been doing some of that. Yes, we've been doing this show for, I've been doing it for nearly 15 [07:54.200 --> 08:04.120] years now and there is one thing very consistent that people will live their lives in this country, [08:04.120 --> 08:14.200] they raised in this country and they trust the system to protect them. So they tend not to spend [08:14.200 --> 08:21.880] a lot of time learning how the system works and then one day the system lands on them like a ton [08:21.880 --> 08:30.040] of bricks. And they thought, wait, this is the home of the free, right? Yeah, good luck with that. [08:30.040 --> 08:38.200] I was just writing into one of my documents addressing the fact that we live in the worst [08:38.200 --> 08:47.640] police state the world has ever seen far none. The incarceration rate in the United States is [08:47.640 --> 08:54.360] higher than every other country on the planet. It's almost double communist Russia. [08:54.360 --> 09:05.080] We should be ashamed of ourselves. We have let our system deteriorate into a police state [09:06.600 --> 09:16.600] and it is my intention to do something about it. Maybe I can't fix it but at the end of the day [09:16.600 --> 09:24.440] when I get in front of Saint Peter and he asks, what did you do to leave the world you were in [09:24.440 --> 09:30.200] a better place than what you found? At least I'm going to be able to tell him something. [09:31.400 --> 09:36.760] My traffic ticket is first step in that direction. No way, you believe in Saint Peter? [09:36.760 --> 09:46.920] Actually, just hedging my bets. He might not have that name, I don't know, [09:47.880 --> 09:53.880] but at the end of my life I'll be able to look back and say that at least I've tried to do [09:53.880 --> 10:00.200] something whether I made any headway or not. I've been 30 years researching the issue, [10:00.200 --> 10:08.760] 15 of it on the radio and we have a plan. The traffic ticket site is the first step in that [10:08.760 --> 10:22.760] plan. It's the least offensive and the least complex area of law to go after. The problem [10:22.760 --> 10:29.080] people have is they trust the system and most people never have anything to do with the system [10:29.080 --> 10:34.120] unless they get a traffic ticket or something and for most part they just pay that. So when [10:34.120 --> 10:42.840] something bad happens they have absolutely no clues to what is going on. I'm helping someone [10:42.840 --> 10:51.720] from Pakistan and he is concerned that he doesn't understand the law here and what's going on. [10:51.720 --> 10:59.880] I was trying to convince him, you're not alone. The fact that you're in a foreign country, [11:00.520 --> 11:07.720] in this foreign country, you're not alone because most people in this country have no [11:07.720 --> 11:12.200] better idea of how to handle themselves before the courts and you do. [11:13.960 --> 11:19.640] And that's why people go off and get themselves a lawyer because if I hire an attorney, [11:19.640 --> 11:27.160] he's let the professionals handle it, they do this right. And lucky me and then you find out [11:27.160 --> 11:35.640] that your lawyer is not in business to actively adjudicate all of your rights. [11:37.560 --> 11:46.200] Oh my goodness. He's in business to make money and if adjudicating your rights makes him money, [11:46.200 --> 11:54.040] he'll do that. If adjudicating your rights makes him money and doesn't get the court [11:54.040 --> 12:02.680] or opposing counsel upset at him, then he may do that. But if you really want your lawyer to work [12:02.680 --> 12:11.320] for you, you've got to kick him in the seat of his pants every once in a while. And this is part [12:11.320 --> 12:20.360] of what we try to teach here is that there are a set of basics that once you understand them [12:21.800 --> 12:29.480] makes the rest of the remedies available in law a lot easier to secure. [12:31.000 --> 12:35.560] And one of the first things to understand is the Constitution doesn't grant you any rights. [12:35.560 --> 12:45.720] Most people are misinformed about that. You already have rights. Even if you're not a citizen, [12:45.720 --> 12:51.960] if you are in the territorial boundaries of this country, you have the same [12:51.960 --> 12:59.720] rights as every other person in the country. This is a republic and in a republic all power [12:59.720 --> 13:09.000] is from the people and all rights belong to the people. You can do anything you want to. [13:10.520 --> 13:19.000] Unless you, along with your other citizens of this republic, have agreed to limit your behavior [13:19.880 --> 13:27.480] in certain areas through your legislature passing laws, making it crimes to do certain [13:27.480 --> 13:37.240] things like we all agree that we will make it a crime to kill people, to act in a reckless [13:37.240 --> 13:42.200] manner that will cause people harm, to steal from people, all of these standard things that are [13:42.200 --> 13:52.680] problems in every civilized culture. We have laws to help direct us and keep us from getting [13:52.680 --> 13:59.080] careless in a way that will harm others. And we do that in the form of written laws. So anything [13:59.080 --> 14:08.600] we have not forbid ourselves to do, we may do, unlike public officials. Public officials don't [14:08.600 --> 14:22.600] have any rights. They have stipulated duties. A public official may only do what the law [14:22.600 --> 14:33.160] specifically authorizes him to do. If a public official exceeds his authority or fails to perform [14:33.160 --> 14:39.240] a duty he's required to perform, he's committed a criminal act. And if in the process he denies [14:39.240 --> 14:46.200] uniform free access to enjoyment of right, he has harmed you and is liable to you in suit. [14:46.200 --> 14:55.960] So that's basically how the system works. And we get that turned around. Most of us have no [14:56.840 --> 15:04.120] interaction with public officials other than school. We go to school and we have teachers and [15:04.120 --> 15:12.440] principals and we learn how to deal with public officials through those guys. You get a ticket, [15:12.440 --> 15:22.200] but you go to court and you have no behavioral set to help you deal with that court. The only [15:22.200 --> 15:31.880] behavioral set you have for dealing with public officials in a difficult situation such as a [15:31.880 --> 15:40.360] traffic ticket is being sent to the principal. I go into court and I watch these people going [15:40.360 --> 15:47.880] before the judge and they are terrified. Grown, fully functioning adults step up in front of the [15:47.880 --> 15:55.480] judge and their hands are shaking. Their voice is so quaky they can barely speak. And for a long [15:55.480 --> 16:03.480] time I watched this and thought, what in the world is going on? Then it occurred to me the only [16:03.480 --> 16:10.520] behavioral set they have for dealing with these guys is being sent to the principal. So they're [16:10.520 --> 16:20.840] terrified. So we need to fix that. And almost everything about this show is designed to juxtapose [16:20.840 --> 16:28.920] that behavioral set with the behavioral set you would use if you were a parent going to the principal [16:28.920 --> 16:35.960] and wanting to know what in the heck are you doing to my kids? We need to go into court with that [16:35.960 --> 16:44.200] behavioral set and when we come back from going to our sponsors, we'll talk about how to take [16:44.200 --> 16:51.000] that position in court and how it will benefit you. Ready to tell from Brett Fountain, the ruler [16:51.000 --> 16:59.480] radio. I call in number 512-646-1984. I just turned the phone line zone. We'll be taking calls all [16:59.480 --> 17:09.480] the time. It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central [17:09.480 --> 17:15.880] Texas Gun Works. Go to LogosRadioNetwork.com and enter to win. Any amount is appreciated. [17:15.880 --> 17:21.160] Everything helps to keep us on the air. From Central Texas Gun Works, the grand prize up for [17:21.160 --> 17:28.920] grabs is a Spikes Tactical AR-15. More prizes and sponsors to be announced. Every $25 donation is a [17:28.920 --> 17:35.480] chance to win. When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win. [17:35.480 --> 17:40.920] Purchase Eddie Craig's traffic seminar and get 10 chances to win. If you've enjoyed the shows on [17:40.920 --> 17:46.840] Logos Radio Network, support our fundraiser so we can keep bringing you the best quality programming [17:46.840 --> 17:52.200] on talk radio today. We also accept Bitcoin and other cryptocurrencies. And remember, [17:52.200 --> 17:59.320] every $25 donation is a chance to win. Go to LogosRadioNetwork.com for details and donate today. [18:00.920 --> 18:05.480] Logos Radio Network welcomes a new show to our lineup for the new year. [18:05.480 --> 18:11.720] Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time. [18:11.720 --> 18:17.400] Our goal is in accord with Matthew 5, 16. Let your light so shine before men that they may [18:17.400 --> 18:23.400] see your good works and glorify your Father which is in heaven. We wish to reflect God's light and [18:23.400 --> 18:28.920] be a blessing to all those with a hearing ear. Join Nana and guests for both verse by verse [18:28.920 --> 18:34.120] Bible studies and topical Bible studies designed to provoke unto love and good works. [18:34.120 --> 18:39.720] Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one [18:39.720 --> 18:45.800] chapter per week. Our topical Bible studies will vary each week and will explore sound doctrine [18:45.800 --> 18:51.320] as well as Christian character development. So mark your calendar and join us live on Logos [18:51.320 --> 18:57.880] Radio Network.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and [18:57.880 --> 19:05.160] motivating discussion of the scriptures. You are listening to the Logos Radio Network. [19:27.880 --> 19:57.800] Okay, we are back. Randy Kelkin, Brett Bell, Lula Radio. [19:58.600 --> 20:03.400] And got a bunch of callers already. So I will stop my dissertation for the moment [20:04.280 --> 20:14.680] and we'll go to David in Texas. Hello, David. Yeah, Randy. Yeah, I don't want to know when I [20:15.800 --> 20:22.600] get a dismissal in the state Supreme Court, how do I transfer that over to the federal [20:22.600 --> 20:29.400] district court? So I just wanted to know that I'm finally in the case from the state court [20:29.400 --> 20:35.080] and some district court and I've resolved all my opportunities. How does that work? [20:37.400 --> 20:44.920] If you have filed an action in the state court, you cannot remove it to the federal court. [20:45.640 --> 20:51.160] You'll have to file a new action in the federal court. That's going to be a problem [20:51.160 --> 20:57.880] if you've exhausted all your remedies in the state court. Then under the Rooker-Fellman [20:58.520 --> 21:05.400] Doctrine, the federal court will not hear it. They're going to call your case Resjudicata [21:06.200 --> 21:14.440] in that it has already been adjudicated and the feds will not interfere with a state ruling. [21:14.440 --> 21:35.160] If you have filed an action and subsequent to filing the action say in the process of adjudicating [21:35.160 --> 21:43.000] the issue, the Texas courts violated one of your civil rights that you can bring to the federal [21:43.000 --> 21:52.920] court. If the state rendered rulings that didn't that the nature of the ruling denied you in a [21:52.920 --> 22:01.080] right you can bring that to the federal court. So the violation has to occur in the court not [22:01.080 --> 22:14.040] in the merits of the case. If the original issue was an issue that could be addressed in the state [22:14.040 --> 22:26.440] or the fed and you chose the venue, the state can hear the federal issue if there are corresponding [22:26.440 --> 22:34.040] state issues. If there are no corresponding state issues then the state doesn't get jurisdiction [22:34.040 --> 22:39.880] and it'd be required to dismiss it. But if there are state and federal issues and you file in the [22:39.880 --> 22:48.200] state, the state can rule on the state and the federal issues. And since you filed it and chose [22:48.200 --> 22:56.840] the venue you can't remove then remove or even seek remedy from the federal court. [23:00.920 --> 23:11.640] Okay one caveat if the opposing side files a countersuit and they make a claim that is a [23:11.640 --> 23:20.600] federal claim and your claims in the state were state claims then based on the federal claim [23:20.600 --> 23:29.640] you can remove. Or if something in the case creates diversity of jurisdiction let's say an [23:29.640 --> 23:38.600] inter-pleader, inter-pleads into the case and becomes litigant and that inter-pleader is [23:38.600 --> 23:43.320] outside of the state now you have diversity jurisdiction you can remove to the fed. [23:44.680 --> 23:49.240] But otherwise if you chose the venue you're stuck with the one you choose. [23:51.880 --> 23:54.520] So the Fourth Amendment violation wouldn't work. [23:56.440 --> 23:59.320] Wouldn't matter the state can hear the Fourth Amendment violation. [23:59.320 --> 24:08.440] Okay. Let me ask you one more thing here on this [24:11.960 --> 24:22.280] in bench petition. I'm going to try to file it. This will be in the circuit. [24:22.280 --> 24:28.760] Okay. Circuit, circuit, circuit. Federal circuit, state circuit. [24:29.640 --> 24:31.480] Federal circuit. Okay. [24:37.160 --> 24:43.800] They told me that they found a fact that's two judges third. And when I'm writing the rule [24:43.800 --> 24:51.640] there they said that three judges both are here. Now when you ask for an event petition [24:52.360 --> 24:59.160] they'll say that I think it takes ten judges a panel who just looked at it and they usually [24:59.160 --> 25:06.520] don't take it. I guess that's similar to something like the Supreme Court. Is this true or how does [25:06.520 --> 25:15.720] that work? Okay. This is a little more specific than my knowledge goes to. But the way I understand [25:15.720 --> 25:27.800] this works when you file an appeal and a judge hears it you can if you don't like that ruling [25:27.800 --> 25:36.680] you can petition the court for an in-bank hearing. You'd have to check the rules for that. [25:37.800 --> 25:44.280] Ken Magnuson's better at this than me. And I remember discussing this issue with him [25:45.320 --> 25:53.880] that you don't necessarily have a right to an in-bank hearing. You can ask for one. [25:53.880 --> 26:01.800] And show reason. You have to show where you believe that the judge who heard this [26:03.960 --> 26:11.400] is in error. You don't make any kind of accusations about him other than [26:12.040 --> 26:17.400] that you believe he failed to properly apply the law to the facts. He applied it this way. [26:17.400 --> 26:20.840] He should have applied it this way and asked for an in-bank hearing. [26:20.840 --> 26:27.800] Okay. Then it's like a regular brief. Just write it up like a regular brief and send [26:27.800 --> 26:33.560] it in on my report and everything. Yeah. Just do a brief like you would [26:35.320 --> 26:41.720] when you're appealing from the trial court to this court. Same kind of brief. You brief the [26:41.720 --> 26:48.200] judge's decision and show why you think it was incorrect and see if you can get the in-bank court [26:48.200 --> 26:56.680] to agree with you. How many times have you heard them get a ruling on it or haven't you ever heard [26:56.680 --> 27:06.840] of it? It happens relatively often. If the judge has obviously failed to properly apply the law [27:07.480 --> 27:16.120] or misapplied the law, the appellate court is more concerned about that than trial courts [27:16.120 --> 27:24.280] because any ruling the appellate court can make or does make applies to everybody. [27:25.320 --> 27:32.360] So if they render a bogus ruling, they create a problem that they will have to fix later. So [27:32.360 --> 27:41.000] they're more careful about rendering their rulings in line with existing law. So it's certainly worth [27:41.000 --> 27:48.840] a shot. Okay. I'll give it a try then. One more thing. Could I ask you about a corporation? [27:49.480 --> 27:58.200] When I file as I own the corporation, I'm filing for the corporation. Do you hear anything [27:58.200 --> 28:03.000] specifically that I got to get in and out or just like I've been doing the briefs? [28:03.720 --> 28:08.520] Or does that give a little more hearing? Wait a minute. I couldn't understand that. Brett, [28:08.520 --> 28:14.760] did you understand that? No. I understood that there was a brief, but I couldn't understand. [28:14.760 --> 28:23.560] Did you say red herring? No, corporation, corporation. Okay. Say that again a little [28:23.560 --> 28:30.920] louder like that. I had a little trouble. Your microphone always sounds like it's in a well [28:30.920 --> 28:37.080] and I have a little trouble understanding it. So try that again. It's a corporation. [28:37.080 --> 28:42.280] I have a corporation. I'm going to file in the court. [28:45.800 --> 28:52.520] You can't. If you have a corporation, only a lawyer can file for a corporation. [28:54.360 --> 29:03.960] No other way around it? No. Okay. Thank you. Okay. Thank you, David. Okay. Now we're going to go to [29:03.960 --> 29:13.080] Alice in Pennsylvania. Hello, Alice. What do you have for us today? How are you guys? [29:14.840 --> 29:21.560] I am good. I don't care what my wife says over and over. [29:24.760 --> 29:30.040] Well, I'm mad at you because I email you and I never hear anything back. [29:30.040 --> 29:38.280] Okay. The last email I remember from you, I'll put it on that when I get back from, [29:38.280 --> 29:44.920] I've got 20 seconds. I forwarded it to Alfonso in Pennsylvania. [29:46.520 --> 29:50.840] And I don't know if he got back to you. We'll talk about this on the other side, [29:50.840 --> 30:00.440] Randy Colton. Brett Fountain, we Israel Radio. We'll be right back. [30:01.400 --> 30:06.120] Businesses ask you for a lot of personal information and you may trust them to keep it safe. [30:06.120 --> 30:10.680] But it turns out that even the most trusted companies may be unwittingly revealing your [30:10.680 --> 30:14.440] secrets. I'm Dr. Catherine Albrecht and I'll be right back with details. [30:14.440 --> 30:20.920] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [30:20.920 --> 30:25.800] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:25.800 --> 30:31.880] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, [30:31.880 --> 30:37.080] it's worth hanging on to. This public service announcement is brought to you by StartPage.com, [30:37.080 --> 30:45.000] the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage. [30:45.000 --> 30:50.040] Data privacy is a big deal. So nearly every company has a policy explaining how they handle [30:50.040 --> 30:55.720] your personal information. But what happens if it escapes their control? It's not an idle question. [30:55.720 --> 31:01.720] According to a recent survey, a shocking 90% of U.S. companies admit their security was breached [31:01.720 --> 31:07.000] by hackers in the last year. That's one more reason you should trust your searches to StartPage [31:07.000 --> 31:12.360] .com. Unlike other search engines, StartPage doesn't store any data on you. They've never [31:12.360 --> 31:16.840] been hacked, but even if they were, there would be nothing for criminals to see. The cupboard [31:16.840 --> 31:22.440] would be bare. Too bad other companies don't treat your data the same way. I'm Dr. Catherine [31:22.440 --> 31:25.960] Albrecht. More news and information at CatherineAlbrecht.com. [31:30.760 --> 31:36.440] I lost my son. My nephew. My uncle. My son. On September 11th, 2000. Most people don't know [31:36.440 --> 31:41.960] that a third tower fell on September 11th. World Trade Center 7, a 47-story skyscraper, [31:41.960 --> 31:46.920] was not hit by a plane. Only the official explanation is that fire brought down Building 7. [31:46.920 --> 31:52.120] Over 1,200 architects and engineers have looked into the evidence and believed there is more to [31:52.120 --> 31:58.840] the story. Bring justice to my son. My uncle. My nephew. My son. Go to BuildingWhat.org. Why it fell, [31:58.840 --> 32:05.400] why it matters, and what you can do. Rula Law Radio is proud to offer the Rula Law Traffic Seminar. [32:05.400 --> 32:09.000] In today's America, we live in a us-against-them society, and if we, the people, are ever going [32:09.000 --> 32:12.920] to have a free society, then we're going to have to stand and defend our own rights. [32:12.920 --> 32:16.600] Among those rights are the right to travel freely from place to place, the right to act in our own [32:16.600 --> 32:21.000] private capacity, and most importantly, the right to due process of law. 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[32:54.680 --> 32:58.760] Order your copy today, and together we can have the free society we all want and deserve. [32:58.760 --> 33:06.520] Live free speech radio, logosradionetwork.com [33:29.320 --> 33:58.600] Okay, we are back. Randy Kelkin, Brett Fountain, Rula Law Radio, [33:58.600 --> 34:02.360] and we're talking Dallas and Pennsylvania. It's been a while, [34:03.720 --> 34:11.400] but I seem to recall getting an email from you. You were going after the [34:13.960 --> 34:20.040] federal court. What were we doing there? Oh, oh, oh, grand jurors, grand jurors. You were trying to [34:20.040 --> 34:32.520] get the random, the voucher from the court reporter for the grand jury. Yes. I responded to that. [34:34.040 --> 34:41.160] Yes, you did. Okay, that's the last one I remember getting from you. I remember two about [34:41.160 --> 34:46.840] that to foretell Fonso, and I did that. One was that he had never responded to you, [34:46.840 --> 34:51.560] so I sent it again to him. But I don't remember one after that. [34:53.720 --> 35:02.520] The U.S. Attorney responded to me because I certified mail and sent a FOIA request, [35:03.880 --> 35:10.120] Freedom of Act request. Freedom of Information Act, yes. [35:10.120 --> 35:20.360] Yes, and he responded right away and said that, okay, that he was forwarding it to Washington, [35:20.360 --> 35:27.560] D.C., and they would get back in touch with me, so he did respond with that. [35:29.640 --> 35:37.080] I wanted to update you on the motion for ineffective assistance with counsel on the 23rd. [35:37.080 --> 35:45.240] So, I went in there by myself, and the attorney's sitting up front, and I'm kind of on the back, [35:46.520 --> 35:53.480] and the judge comes up, and the first thing he starts is colloquial questions. [35:55.000 --> 36:02.040] So, in my mind, they're already immediately trying to take him out and trying to see if [36:02.040 --> 36:10.680] I'm competent enough to proceed, per se. So, he starts asking me all these questions. [36:11.720 --> 36:17.160] Luckily for me, I was prepared already for the last couple of months. I've already been [36:17.160 --> 36:22.680] researching what I needed to research, and he starts asking me all these questions. [36:22.680 --> 36:32.920] Oh, have you ever went to law school? I said no, I didn't go to law school, but I've studied law. [36:33.560 --> 36:38.360] I've studied the limited jurisdiction of federal courts, which is how I know that this court [36:38.360 --> 36:44.120] lacks jurisdiction to hear this case. I've studied the Constitution, rules of civil [36:44.120 --> 36:50.360] procedure, rules of criminal procedure, and case law, and he just looked up at me like, [36:50.360 --> 36:57.160] oh, this person. And he just asked a lot of questions. [37:01.640 --> 37:08.280] Yeah, and I mean, this is me doing this by myself, so it's really shocking to me that [37:08.280 --> 37:18.360] it's the mother of six, the first day from hell. Exactly. [37:21.320 --> 37:26.440] So, he goes on, he says, oh, you realize, obviously, that you're charged with this [37:26.440 --> 37:33.800] conspiracy to violate the Travel Act, Title 18, Code 371. I say, yes, I understand the charges [37:33.800 --> 37:39.480] and that the Travel Act deals with interstate and international commerce. I have done nothing [37:39.480 --> 37:47.720] in interstate or international commerce. And he says his eyes are all wide, and then he says, [37:47.720 --> 37:52.920] you realize, if you're found guilty of this crime, charge in this court because we could [37:52.920 --> 38:01.640] sentence you up to five years in prison and a fine of $250,000. I say, yes, I understand, [38:01.640 --> 38:09.080] but again, jurisdiction has been challenged and not proven. Oh, he's his eyes. So anyway, [38:09.080 --> 38:15.160] he asked all these other questions. Then he says, well, I find this, you know, my name [38:16.280 --> 38:21.880] competent. She appears to be professional. She gives and she's given great eye contact. [38:22.760 --> 38:28.600] She's very competent, and I'm going to allow her to go represent herself. [38:28.600 --> 38:35.960] Or are you okay with representing yourself, you know, my name? And then I said, well, [38:36.680 --> 38:44.520] you can't represent yourself as you are yourself, but I will proceed in my proper person, yes. [38:45.480 --> 38:55.000] And he said, well, okay. So he won't allow me to talk about why I wanted to have this hearing. [38:55.000 --> 39:02.520] It was seeming like he was trying to cut me off. And the attorney spoke up and said, [39:03.560 --> 39:13.720] well, she found something on my behalf as a hybrid or something. And I said, no, I did it, [39:13.720 --> 39:21.640] you know. So it was, they removed him. And I try to say, he said, well, is there anything else you [39:21.640 --> 39:30.760] want to say? And I said, well, could you order the court that he give me my $5,500? He says, [39:30.760 --> 39:40.680] oh, I am under no obligation to impair a contract. So he wouldn't let me talk that much, but I [39:40.680 --> 39:48.520] kept on saying jurisdiction. And they said, well, he has to leave. Is there anything else [39:48.520 --> 39:54.760] besides jurisdiction? Wait, wait, there's an important question here. Did you fire your lawyer? [39:56.680 --> 39:57.000] Yes. [39:58.760 --> 39:59.400] Bad idea. [40:03.880 --> 40:08.280] You shouldn't have fired the lawyer. You should have bar-grieved the lawyer. [40:10.040 --> 40:11.240] I did that already. [40:11.240 --> 40:19.720] Okay. And did the lawyer file a motion to withdraw? Is that why you were at this hearing? [40:21.000 --> 40:32.840] Yes. The judge had it already as there were irreparable differences that were there. [40:32.840 --> 40:42.760] Okay. You need to file an opposition. Did he ask you if you agreed to allow your lawyer to [40:42.760 --> 40:45.880] withdraw? Or did you file an opposition to it? [40:47.960 --> 40:56.120] I first filed a motion for the hearing because he wasn't communicating with me or anything. [40:56.120 --> 41:01.880] I fired him on December 4th of 2020. He was after me. [41:03.000 --> 41:11.080] Okay. That's a problem. Had you not fired him and pressured him to, you know, [41:11.080 --> 41:16.280] bar-grieve him and then pressure him, if you bar-grieve him, he will move to withdraw. [41:16.280 --> 41:22.440] You object to the withdrawal. He is under contract. He owes you- [41:22.440 --> 41:26.840] He's ineffective. Even if he's totally not doing his job, lying to the court, [41:27.400 --> 41:29.880] pulling law out of his ear, still. [41:32.680 --> 41:39.160] You sting him good. Once you've stung him good, now he has to come up and do his job. [41:41.080 --> 41:47.400] So now, because you fired him, now you have to sue him to get your money back. [41:47.400 --> 41:55.880] Right. And you would definitely do that. [41:57.160 --> 42:02.200] Send him a tort letter because he has an errors and emissions policy. [42:03.800 --> 42:09.480] And when you sue him for ineffective assistance of counsel, the court has, [42:09.480 --> 42:18.840] by allowing him to withdraw, has essentially agreed to ineffective assistance of counsel. [42:20.520 --> 42:25.640] So you file suit against him and his insurance company is going to want to pay this off. [42:28.520 --> 42:35.160] You know, it's like if you get in an accident with your car and you don't think you were at fault, [42:35.160 --> 42:40.840] the other side accuses you of being at fault and your insurance company wants to come in and settle. [42:41.480 --> 42:44.920] You say, no, no, no, no, no. That's going to put that on my record. [42:45.640 --> 42:48.360] Insurance is going to tell you, well, you don't have anything to say about it. [42:49.320 --> 42:50.920] They'll do the same thing to that lawyer. [42:53.320 --> 42:57.400] And did you only have up to a million dollars in insurance? [42:59.880 --> 43:02.200] So sue him for a million dollars. [43:02.200 --> 43:11.480] Okay. Well, I thought you would get a kick out of this one. [43:12.040 --> 43:17.640] So now he's like, well, you're going to proceed per se and there's nothing I could tell you [43:17.640 --> 43:25.320] this and that and everything that you have found on the record will be, you know, open for you. [43:25.320 --> 43:31.160] And, um, is there, you know, anything else you'd like to say? [43:31.160 --> 43:35.160] And, um, I told, told. [43:35.160 --> 43:36.680] Okay, great. Hang on. [43:36.680 --> 43:38.520] I'm about to go to our sponsors. [43:39.160 --> 43:45.880] Randy Kelkin, Brett Fountain, Rural Radio, call in number 512-646-1984. [43:46.520 --> 43:51.640] You will be invited back in about 10 more seconds. [43:51.640 --> 43:56.600] Help me out, Fred. I went out to room. Oh, we'll be right back. [44:21.880 --> 44:25.720] Well, I'm glad you asked. Whenever you order anything from Amazon, [44:25.720 --> 44:29.080] you can help Logos with ordering your supplies or holiday gifts. [44:29.080 --> 44:31.240] First thing you do is clear your cookies. [44:31.240 --> 44:37.560] Now go to LogosRegulnetwork.com, tick on the Amazon logo and bookmark it. [44:37.560 --> 44:43.240] Now, when you order anything from Amazon, you use that link and Logos gets a few pesos. [44:43.240 --> 44:44.680] Do I pay extra? No. [44:44.680 --> 44:47.000] Do you have to do anything different when I order? [44:47.000 --> 44:47.480] No. [44:47.480 --> 44:49.080] Can I use my Amazon Prime? [44:49.080 --> 44:49.800] No. [44:49.800 --> 44:50.680] I mean, yes. [44:50.680 --> 44:54.040] Wow. Giving without doing anything or spending any money. [44:54.040 --> 44:56.760] This is perfect. Thank you so much. [44:56.760 --> 44:58.280] We are Logos. [44:58.280 --> 45:21.880] Happy holidays, Logos. [45:28.280 --> 45:33.800] Logos' dictionary was created by a licensed attorney with 22 years of case-winning experience. [45:34.440 --> 45:38.920] Even if you're not in a lawsuit, you can learn what everyone should understand [45:38.920 --> 45:42.760] about the principles and practices that control our American courts. [45:43.320 --> 45:49.640] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.640 --> 45:52.280] prosa tactics, and much more. [45:52.280 --> 45:56.440] Please visit Lulavlalradio.com and click on the banner. [45:56.440 --> 46:14.440] Or call toll-free 866-LAW-EZ. [46:14.440 --> 46:26.440] If you did not have any problems, wait on a number one. If you could not wait any better to learn what your purpose has to be done. [46:26.440 --> 46:46.440] Logos' dictionary was created by a licensed attorney with 22 years of case-winning experience. [46:46.440 --> 47:06.440] Logos' dictionary was created by a licensed attorney with 22 years of case-winning experience. [47:06.440 --> 47:32.440] Logos' dictionary was created by a licensed attorney with 22 years of case-winning experience. [47:32.440 --> 48:00.440] Logos' dictionary was created by a licensed attorney with 22 years of case-winning experience. [48:00.440 --> 48:06.440] So, he says, is there anything else you want to say? [48:06.440 --> 48:14.440] I say, yes, Your Honor, I moved for dismissal of this indictment. I have challenged jurisdiction five times and it has not been proven. [48:14.440 --> 48:20.440] And I also want a copy of the indictment that was signed by the foreperson. [48:20.440 --> 48:32.440] According to Federal Rules of Criminal Procedure, Rule 60, the foreperson is to sign all the indictment. Mine doesn't have a signature on it. [48:32.440 --> 48:38.440] And I said, he said, oh, okay, is there anything else? [48:38.440 --> 48:53.440] And I said, also, I would like to dismiss, move this Court for Dismissal for its failure to include a seal and test the process in accordance with 28 U.S. Code 1691. [48:53.440 --> 49:02.440] All risks and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof. [49:02.440 --> 49:15.440] That indictment does not have a signature. The indictment only contains the signature of the Assistant U.S. Attorney. That's the only signature on it. [49:15.440 --> 49:20.440] I think I'm in love. [49:20.440 --> 49:22.440] Is that my right or...? [49:22.440 --> 49:27.440] That is wonderful. [49:27.440 --> 49:34.440] I didn't know that's why I was so excited to call you and ask you, does a foreperson have a sign? [49:34.440 --> 49:40.440] Yes, yes, absolutely. The foreperson does. [49:40.440 --> 49:50.440] And it might be that the prosecutor didn't have his rubber stamp made up yet. [49:50.440 --> 49:59.440] Or they may have a... What they're likely to do is come out with one that does have a stamp on it. [49:59.440 --> 50:04.440] Right. You keep the copy you've got that doesn't make a big stink out of it. [50:04.440 --> 50:07.440] That's the way it comes out. [50:07.440 --> 50:24.440] Okay, now you want a copy of all of the indictments handed out by this grand jury or all for the... at the session or date of this indictment. [50:24.440 --> 50:38.440] You want to get all of those and then you want to take photographs of them and open Photoshop and pull those photographs up and Photoshop and superimpose one over the other. [50:38.440 --> 50:42.440] Or just put one over the other and hold it up to the light. [50:42.440 --> 50:52.440] If those signatures exactly match, they got a problem. [50:52.440 --> 51:01.440] If the prosecutor didn't have his rubber stamp yet and he made it up, then you want... [51:01.440 --> 51:11.440] Or if he forgot to stamp this one, you want to be able to look at these indictments and see if any of them were rubber stamped. [51:11.440 --> 51:18.440] But in either case, you asked all the right questions. [51:18.440 --> 51:30.440] And what you've done is put the U.S. Attorney on notice that he's not going to be able to use you for Apache. [51:30.440 --> 51:52.440] And he already knows that you're trying to get the voucher from the court reporter, so if he's got any smarts at all, he'll know exactly what you're looking for. [51:52.440 --> 51:57.440] And if he has rubber stamped that indictment, he knows he has a problem. [51:57.440 --> 52:01.440] So you did very good. [52:01.440 --> 52:07.440] And he gave me a weird smile. [52:07.440 --> 52:17.440] The prosecutor came in there and I was before the judge got in the chair and I said, he's not supposed to be here. [52:17.440 --> 52:21.440] I told myself he has nothing to do with this. [52:21.440 --> 52:27.440] And they asked him to leave. [52:27.440 --> 52:36.440] I'm lucky you better all the time. [52:36.440 --> 52:51.440] So any more advice because I did file a, he said, are you filing anything in the court today? I said, yes, I am a petition to dismiss indictment, court lack jurisdiction. [52:51.440 --> 52:59.440] And then I put ABCBES and this was an added one and he hasn't answered yet. [52:59.440 --> 53:02.440] But I'm just distraught with all this stuff. [53:02.440 --> 53:04.440] You have no idea. [53:04.440 --> 53:09.440] He's got 30 days to respond. [53:09.440 --> 53:11.440] How many? [53:11.440 --> 53:15.440] 30. [53:15.440 --> 53:19.440] If he doesn't, you move for default judgment. [53:19.440 --> 53:26.440] Default judgment. [53:26.440 --> 53:36.440] You put in a motion and in that motion you made statements of fact and law. [53:36.440 --> 53:54.440] If the facts and law you presented were sufficient on their face to require indictment, the judge must accept what you put in those documents as true. [53:54.440 --> 54:01.440] Not prima facie, but true unless they are opposed. [54:01.440 --> 54:12.440] If the prosecutor doesn't agree with your facts, he will have to enter an opposition and enter facts to counter the facts that you put before the court. [54:12.440 --> 54:22.440] If he doesn't, then that's tacit agreement with your motion and you have a right to default judgment. [54:22.440 --> 54:27.440] And that you can take to the court clerk and ask the court clerk to sign it. [54:27.440 --> 54:32.440] It doesn't have to go before the judge. [54:32.440 --> 54:47.440] The court clerk can look at the date you filed, look in the record, count the days and if there is no response within the set number of days, [54:47.440 --> 54:52.440] the court comes, stamps your default. [54:52.440 --> 55:01.440] Then you take your default judgment to the court and ask the court to dismiss. [55:01.440 --> 55:07.440] But Randy, am I correct on that that an indictment must have a seal on it? [55:07.440 --> 55:14.440] Like if you're going to a notary, it must have a seal by the clerk signed? [55:14.440 --> 55:17.440] I read the rule you have. [55:17.440 --> 55:20.440] Is that what the rule says? [55:20.440 --> 55:21.440] Yeah. [55:21.440 --> 55:28.440] Most of my work is in the state court, so I have done work in the federal but not criminal. [55:28.440 --> 55:35.440] So I'm not as familiar with the details of the rules of criminal procedure. [55:35.440 --> 55:40.440] Okay. [55:40.440 --> 55:46.440] If that's what the code says, you can rely on what the code says. [55:46.440 --> 55:51.440] If there's case law that changes that, the other side's going to have to come up with it. [55:51.440 --> 55:58.440] And when they come up with it, you get an opportunity to rebut. [55:58.440 --> 56:13.440] So what do you think about this new, he put in a notice into the record is the Brady law versus Maryland. [56:13.440 --> 56:15.440] Have you heard of it? [56:15.440 --> 56:16.440] Oh, yes. [56:16.440 --> 56:17.440] Everybody's heard of it. [56:17.440 --> 56:32.440] They generally practice where an open file practice where they let your lawyer see everything that's in the file. [56:32.440 --> 56:35.440] Well, that's what they're supposed to do. [56:35.440 --> 56:39.440] That's the idea, but they never do that. [56:39.440 --> 56:43.440] So you definitely need to put in a Brady motion. [56:43.440 --> 56:54.440] Brady is the case, and I think it's an 83 case, that granted discovery in a criminal case. [56:54.440 --> 57:01.440] There is a lot more you can ask for than what's in the open file. [57:01.440 --> 57:09.440] So go online, do a search for Brady motions, federal court, and you'll get samples of a lot of them. [57:09.440 --> 57:14.440] Just find the best one that asks for the most and file that. [57:14.440 --> 57:17.440] This is how discovery works. [57:17.440 --> 57:22.440] Discovery is intended to occur between the parties. [57:22.440 --> 57:25.440] You ask the opposing side for discovery. [57:25.440 --> 57:27.440] They ask you for discovery. [57:27.440 --> 57:29.440] You look at the discovery. [57:29.440 --> 57:38.440] If you feel the discovery is improper, you object to the discovery and lawyers routinely object to everything. [57:38.440 --> 57:43.440] When you ask for discovery, the other side objects to the discovery. [57:43.440 --> 57:50.440] Then you file a motion to compel discovery with the court and ask the court to order discovery. [57:50.440 --> 58:00.440] So initially, you put in a request to the prosecution for all Brady information and look up a motion, a Brady motion. [58:00.440 --> 58:03.440] It's got lots of cool stuff in there. [58:03.440 --> 58:11.440] I was in court and the judge, oh wait, when we come back, I'll talk about an unlimited motion as well. [58:11.440 --> 58:17.440] Makes the judge crazy when he has to go through all this stuff, but too bad. [58:17.440 --> 58:20.440] That's the most powerful thing. [58:20.440 --> 58:22.440] Go ahead, Brett. [58:22.440 --> 58:25.440] I said that's his fault he shouldn't drag you in there. [58:25.440 --> 58:28.440] Yeah, you're a little soft, Brett. [58:28.440 --> 58:41.440] Okay, hang on, I'll try not to go out too soon because Brett don't have enough things that lawyers do right to fill in the empty space. [58:41.440 --> 58:45.440] This is Randy Kelton, Brett Fountainbrew, on radio. [58:45.440 --> 58:50.440] I call in number 512-646-1984. [58:50.440 --> 58:58.440] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it. [58:58.440 --> 59:06.440] Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture. [59:06.440 --> 59:09.440] Enter the recovery version. [59:09.440 --> 59:18.440] First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes. [59:18.440 --> 59:28.440] The difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before. [59:28.440 --> 59:33.440] Bibles for America would like to give you a free recovery version simply for the asking. [59:33.440 --> 59:44.440] This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102 [59:44.440 --> 59:50.440] Ordering online at freestudybible.com [59:50.440 --> 01:00:00.440] You're listening to the Logos Radio Network at LogosRadioNetwork.com [01:00:00.440 --> 01:00:06.440] The following news flash is brought to you by The Lone Star Lowdown. [01:00:06.440 --> 01:00:17.440] In markets for Monday the 22nd of July 2019, open with precious metals, gold $1,429.00, silver $16.45.00, copper $2.75.00, [01:00:17.440 --> 01:00:29.440] oil, Texas crude $55.63 of barrel, Brent crude $62.47 of barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, [01:00:29.440 --> 01:00:46.440] Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 of crypto coin. [01:00:46.440 --> 01:00:57.440] Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, [01:00:57.440 --> 01:01:04.440] killing 10 and injuring 40 today in history. [01:01:04.440 --> 01:01:12.440] In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp into Texas law back in June, county prosecutors around the state, [01:01:12.440 --> 01:01:18.440] including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones, [01:01:18.440 --> 01:01:24.440] since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC. [01:01:24.440 --> 01:01:33.440] Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law. [01:01:33.440 --> 01:01:42.440] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas, [01:01:42.440 --> 01:01:56.440] and that these actions demonstrate a misunderstanding of how HB 1325 works. As well as other cities, too, like the District Attorney in El Paso, Kaima Esparza, a Democrat who also stated earlier this month that the law, [01:01:56.440 --> 01:02:07.440] quote, will not have an effect on the prosecution of marijuana cases in El Paso. However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, [01:02:07.440 --> 01:02:22.440] who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup. It's important that if someone is charged with something, the test matches what they're charged with. [01:02:22.440 --> 01:02:39.440] A paper by Tulane University identified a five-and-a-half-inch American pocket shark. As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean. [01:02:39.440 --> 01:02:54.440] According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow. [01:02:54.440 --> 01:03:10.440] The paper was recorded with a lowdown for July 22, 2019. [01:03:10.440 --> 01:03:25.440] According to the paper, the shark secretes a luminous fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow. [01:03:25.440 --> 01:03:46.440] Okay, we are back. Great to welcome Brett Fountain with Radio, and we're talking to Alice in Pennsylvania and Alice. You are doing a good job. [01:03:46.440 --> 01:03:53.440] So far, I'm not sure, though. I'm questioning myself. [01:03:53.440 --> 01:03:58.440] And that's a good idea, because these guys cheat. [01:03:58.440 --> 01:04:16.440] And what they will do is what the judge has already done, make these threats and shake them in there, and we'll do all these horrible things to you when you already know they don't have a case, and they know they don't have a case. [01:04:16.440 --> 01:04:31.440] They're just going to try to use you as a witness, and you need a way to let them know you know nothing about whatever their issue is. [01:04:31.440 --> 01:04:50.440] And that even if you know nothing about it, right now you're in a good position. Just press your issue. If they rule against you, then you file an interlockatory appeal with the Court of Appeals. [01:04:50.440 --> 01:04:58.440] And let the prosecutor know you're going to give him a good fight. [01:04:58.440 --> 01:05:06.440] So I bombarded them with jurisdiction and all these other things. [01:05:06.440 --> 01:05:33.440] And should I file a motion since now I can heat, you know, unsuspected practice motions for me? Could I go ahead and file keys to continue all pre-trial motion and all hearing, all brief and support, until jurisdiction has been proven? [01:05:33.440 --> 01:05:41.440] Yeah, you object to anything. The judge can do nothing until jurisdiction is proven. [01:05:41.440 --> 01:05:52.440] If they try to have an arraignment or any other kind of hearing, you object to it. You are at arm's length to the court. [01:05:52.440 --> 01:06:10.440] Don't let them do anything that would be substantive. Now they can do continuances. They can have a hearing and ask you to meet with the prosecutor to make a deal. They can do things that are administrative. [01:06:10.440 --> 01:06:21.440] But they cannot do anything that's substantive until the judge proves up jurisdiction. [01:06:21.440 --> 01:06:27.440] They'll try to. They'll try to get you to stipulate the jurisdiction. Don't let them do anything. [01:06:27.440 --> 01:06:45.440] Now, with that said, if they order you to do something, if they order you to address an issue that is material without proving up jurisdiction, raise your objections. [01:06:45.440 --> 01:06:59.440] Once you've raised your objections, then go ahead and adjudicate your case. Don't get yourself stuck in the default position you're trying to put the prosecutor in. [01:06:59.440 --> 01:07:05.440] Because what they want to do, they've got tricks, dirty rotten tricks they pull. [01:07:05.440 --> 01:07:19.440] They will send a motion to appear to the wrong address and then issue a warrant when you don't show up or issue a default against you when you don't show up. [01:07:19.440 --> 01:07:34.440] Now you have to fight the default. So check every couple of days or at least twice a week, call the court clerk and ask if anything's been filed in the court. [01:07:34.440 --> 01:07:41.440] This is one of their dirtiest tricks. They'll especially do that with a pro say. [01:07:41.440 --> 01:07:53.440] If you start calling the court at least twice a week and asking if anything's been filed, you won't get trapped and the clerk will let the prosecutor know. [01:07:53.440 --> 01:08:03.440] So once you start asking, that gives fair warning to the prosecutor not to try this stuff for your hammer him. [01:08:03.440 --> 01:08:19.440] Since you've requested the grand jury court reporter's vouchers, he knows something else is going on. [01:08:19.440 --> 01:08:32.440] He may know what it is and he may not. And that's the reason we did it the way we did so it's not clear to him why you're asking for this information. [01:08:32.440 --> 01:08:41.440] So we want him wondering if they don't know what you're doing, they will always assume you're doing something worse than you are. [01:08:41.440 --> 01:08:48.440] It's one of our reasons we have a rule that says never give fair warning. [01:08:48.440 --> 01:08:58.440] Never tell them what your whites are and what they're supposed to do and what they're not supposed to do. They'll always take that as a threat. [01:08:58.440 --> 01:09:03.440] So don't tell them you have no duty to give fair warning. [01:09:03.440 --> 01:09:07.440] Bushwack is so much better. [01:09:07.440 --> 01:09:18.440] I like to ask questions that will cause the other side to scratch his head and wonder why is he asking that particular question. [01:09:18.440 --> 01:09:36.440] Sometimes it's just nonsense, especially when I'm doing discovery or if I'm asking to filing information requests, I will file a request in a way that it's not clear what I'm after. [01:09:36.440 --> 01:09:41.440] And sometimes just to throw them off, I'll ask for something I don't care about. [01:09:41.440 --> 01:09:47.440] You're playing chess here. This is not checkers. [01:09:47.440 --> 01:09:55.440] So you want them wondering about what you're doing and it won't hurt a bit if you get an opportunity. [01:09:55.440 --> 01:09:59.440] File a complaint with the judge against the prosecutor. [01:09:59.440 --> 01:10:13.440] If he does anything inappropriate, like if he says something to you that you can take as a threat, doesn't matter if he meant it as a threat or not. [01:10:13.440 --> 01:10:20.440] I've had bailiffs and prosecutors say, oh, you have to be careful doing that. [01:10:20.440 --> 01:10:24.440] You can get in a lot of trouble. 9-1-1. [01:10:24.440 --> 01:10:29.440] I need somebody to arrest this guy. He just threatened me. [01:10:29.440 --> 01:10:35.440] I wasn't threatening you. I was just warning you. Yeah, that's what I mean. You just threatened me. [01:10:35.440 --> 01:10:42.440] Explain it to the judge that you weren't threatening me and let the judge explain to you why the prosecutor wasn't threatening you. [01:10:42.440 --> 01:10:49.440] Put some on notice. Does that make sense, Alice? [01:10:49.440 --> 01:11:00.440] Yes. So when you file a complaint to the judge or to the clerk or to the bar? [01:11:00.440 --> 01:11:03.440] The bar. [01:11:03.440 --> 01:11:13.440] Have you looked at the American Bar Association standards for the prosecution function? [01:11:13.440 --> 01:11:15.440] No. [01:11:15.440 --> 01:11:17.440] Did you say yes? [01:11:17.440 --> 01:11:19.440] No, I haven't. [01:11:19.440 --> 01:11:27.440] Oh, you've got to read that. That will read like a comic book. [01:11:27.440 --> 01:11:37.440] All these things they can't do and all these things you can hammer the prosecutor for. [01:11:37.440 --> 01:11:45.440] And then you file motions with the judge for sanctions. [01:11:45.440 --> 01:11:54.440] Oh, the prosecutor, all you're doing is trying to black the prosecutor's eye, trying to discredit him. [01:11:54.440 --> 01:12:00.440] We'd go to the American Bar Association website and look up. [01:12:00.440 --> 01:12:07.440] They just do a search for American Bar Association standards for the prosecution function. [01:12:07.440 --> 01:12:10.440] It's not very big. It's not a whole lot to it. [01:12:10.440 --> 01:12:20.440] But you will love it. It's got all this great stuff the prosecutors are not supposed to do and most of them have no clue. [01:12:20.440 --> 01:12:26.440] They've never read it. [01:12:26.440 --> 01:12:31.440] Would you start hammering the prosecutor with stuff he doesn't know? [01:12:31.440 --> 01:12:38.440] He's going to get his attention. He'll realize you're not someone that he can bully and manipulate. [01:12:38.440 --> 01:12:44.440] What he's most likely to do is just stop doing anything. [01:12:44.440 --> 01:12:47.440] Don't let him. [01:12:47.440 --> 01:12:50.440] Push to get this thing dropped. [01:12:50.440 --> 01:13:02.440] But so far, there's not really a lot of advice I could give you because you've done your homework and you've put them in a good position. [01:13:02.440 --> 01:13:10.440] You've already left the judge know that you're not going to be a Pepsi. [01:13:10.440 --> 01:13:24.440] That the prosecutor is not going to be able to pour into shenanigans on you so that the judge is likely to be less inclined to give you a hard time. [01:13:24.440 --> 01:13:30.440] With that said, you do not need to be the judge to be your buddy. [01:13:30.440 --> 01:13:34.440] Another rule we have. [01:13:34.440 --> 01:13:43.440] Your only purpose in the trial court is to set the record for appeal. [01:13:43.440 --> 01:13:47.440] You don't care what that judge rules. [01:13:47.440 --> 01:13:54.440] That would be nice if he rules in your favor and that would be a freebie. [01:13:54.440 --> 01:14:02.440] But you must come to the court expecting the court to rule against you out of hand at every turn. [01:14:02.440 --> 01:14:04.440] Just expect it. [01:14:04.440 --> 01:14:07.440] You don't care. [01:14:07.440 --> 01:14:10.440] Your only purpose is to set the record for appeal. [01:14:10.440 --> 01:14:15.440] If the judge doesn't like you, that works just as good as if he likes you. [01:14:15.440 --> 01:14:20.440] Because if he doesn't like you, he's going to render dumber rulings. [01:14:20.440 --> 01:14:27.440] And anytime you put a motion before the court, like subject matter jurisdiction, [01:14:27.440 --> 01:14:34.440] if the court denies your petition to dismiss, [01:14:34.440 --> 01:14:43.440] then the first thing you want to do is file a petition for writ of mandamus to the court of appeals. [01:14:43.440 --> 01:14:47.440] A petition for writ of mandate or mandamus. [01:14:47.440 --> 01:14:59.440] Asking the court of appeals to order the trial court judge to do what the trial court judge was required to do. [01:14:59.440 --> 01:15:10.440] In a writ of mandamus, you're going to say to the court, the judge ruled improperly on this particular issue, [01:15:10.440 --> 01:15:21.440] but the judge failed to properly apply the law to the facts and in the process abused his discretion. [01:15:21.440 --> 01:15:31.440] And asked the trial court to review that ruling if the ruling is a, what's the term, Breton? [01:15:31.440 --> 01:15:33.440] Dispositive. [01:15:33.440 --> 01:15:35.440] If it's dispositive. [01:15:35.440 --> 01:15:38.440] If it would dispose of the case. [01:15:38.440 --> 01:15:42.440] No subject matter jurisdiction disposes of the case. [01:15:42.440 --> 01:15:45.440] So that's dispositive. [01:15:45.440 --> 01:15:52.440] If no need to adjudicate all the rest of this, if the issue would be disposed of at this time. [01:15:52.440 --> 01:16:04.440] So in the interest of judicial economy, you asked the court of appeals to dismiss this case for lack of jurisdiction. [01:16:04.440 --> 01:16:08.440] And now the prosecutor is going to have to brief out his case. [01:16:08.440 --> 01:16:11.440] And he is not going to like that. [01:16:11.440 --> 01:16:15.440] Going to cost him time and money that he doesn't want to spend. [01:16:15.440 --> 01:16:19.440] And he's likely to get a black eye from it. [01:16:19.440 --> 01:16:22.440] Does that make sense to you? [01:16:22.440 --> 01:16:23.440] Yes. [01:16:23.440 --> 01:16:29.440] But are you saying this before an appeal or like after judgment has been made? [01:16:29.440 --> 01:16:30.440] Okay. [01:16:30.440 --> 01:16:33.440] This is called interlocatory. [01:16:33.440 --> 01:16:35.440] Locatory means in between. [01:16:35.440 --> 01:16:38.440] Before the appeal. [01:16:38.440 --> 01:16:43.440] Hang on to the address. [01:16:43.440 --> 01:16:45.440] The address is on the other side. [01:16:45.440 --> 01:16:48.440] Brett Fountain, rule of law radio. [01:16:48.440 --> 01:16:49.440] I call in. [01:16:49.440 --> 01:16:50.440] Let's see. [01:16:50.440 --> 01:16:53.440] I've got two more callers and three more segments. [01:16:53.440 --> 01:16:55.440] So I won't give out the color number. [01:16:55.440 --> 01:17:00.440] We'll be right back. [01:17:00.440 --> 01:17:05.440] Logos Radio Network welcomes a new show to our lineup for the new year. [01:17:05.440 --> 01:17:11.440] Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. central time. [01:17:11.440 --> 01:17:14.440] Our goal is in accord with Matthew 516. [01:17:14.440 --> 01:17:21.440] Let your light so shine before men that they may see your good works and glorify your Father which is in heaven. [01:17:21.440 --> 01:17:26.440] We wish to reflect God's light and be a blessing to all those with a hearing ear. [01:17:26.440 --> 01:17:34.440] Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works. [01:17:34.440 --> 01:17:40.440] Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week. [01:17:40.440 --> 01:17:47.440] Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development. [01:17:47.440 --> 01:17:59.440] So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures. [01:17:59.440 --> 01:18:10.440] It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas Gun Works. [01:18:10.440 --> 01:18:17.440] Go to LogosRadioNetwork.com and enter to win. Any amount is appreciated. Everything helps to keep us on the air. [01:18:17.440 --> 01:18:24.440] From Central Texas Gun Works, the grand prize up for grabs is a Spikes Tactical AR 15. [01:18:24.440 --> 01:18:30.440] More prizes and sponsors to be announced. Every $25 donation is a chance to win. [01:18:30.440 --> 01:18:35.440] When you purchase Randy Kelton's e-book, Legal 101, you get four chances to win. [01:18:35.440 --> 01:18:39.440] Purchase Eddie Craig's traffic seminar and get 10 chances to win. [01:18:39.440 --> 01:18:48.440] If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can keep bringing you the best quality programming on Talk Radio today. [01:18:48.440 --> 01:18:55.440] We also accept Bitcoin and other cryptocurrencies. And remember, every $25 donation is a chance to win. [01:18:55.440 --> 01:19:11.440] Go to LogosRadioNetwork.com for details and donate today. [01:19:25.440 --> 01:19:38.440] Well, hey, we are back. Randy Kelton, Brett Fountain, Legal Radio. [01:19:38.440 --> 01:19:43.440] And we're talking about interlocutory appeal. [01:19:43.440 --> 01:19:49.440] A petition for rid of mandamus is an interlocutory appeal. [01:19:49.440 --> 01:20:02.440] You're writing an appeal to the court of appeals, asking them to render a ruling that's in between interlocutory. [01:20:02.440 --> 01:20:14.440] It's a special kind of appeal. You're asking an appellate court to, hey, pause in the middle of the trial that's going on. [01:20:14.440 --> 01:20:19.440] Pause everything. It's like throw a flag on the field. [01:20:19.440 --> 01:20:30.440] Wait. We need to get somebody that's at a higher court to tell you to do things right. [01:20:30.440 --> 01:20:38.440] Yeah, and we did that here in Texas over a municipal court issue. [01:20:38.440 --> 01:20:48.440] And the court of, we asked the court to order the trial judge to dismiss the case for lack of subject matter jurisdiction. [01:20:48.440 --> 01:20:59.440] Well, 12%, only 12% of the petitions for rid of mandamus get accepted by the trial court. [01:20:59.440 --> 01:21:03.440] I'm sorry, by the court of appeals in Texas. [01:21:03.440 --> 01:21:08.440] And 2% get ruled in favor of the filer. [01:21:08.440 --> 01:21:12.440] We filed one on subject matter jurisdiction per se. [01:21:12.440 --> 01:21:19.440] They took it and they didn't order the court, the trial judge to dismiss. [01:21:19.440 --> 01:21:25.440] They dismissed the case themselves for lack of subject matter jurisdiction. [01:21:25.440 --> 01:21:32.440] And there's a good chance the appellate court will do just exactly that. [01:21:32.440 --> 01:21:39.440] Because in effect, when you file an interlockatory based on subject matter jurisdiction, [01:21:39.440 --> 01:21:47.440] you're claiming that neither the trial court nor this court has jurisdiction in this case. [01:21:47.440 --> 01:21:51.440] And ask the court to rule to that effect. [01:21:51.440 --> 01:21:54.440] That's what they did in this case. They dismissed it. [01:21:54.440 --> 01:21:59.440] They didn't dismiss the entire case, but they dismissed the primary part of it. [01:21:59.440 --> 01:22:04.440] And then asked the judge, ordered the judge to remake his ruling. [01:22:04.440 --> 01:22:08.440] He didn't do it, but long story. [01:22:08.440 --> 01:22:12.440] But it's definitely worth considering. [01:22:12.440 --> 01:22:19.440] Everything you're doing is setting the record so that you can go to the appellate court. [01:22:19.440 --> 01:22:21.440] The judge is not happy with you. [01:22:21.440 --> 01:22:23.440] You don't care. [01:22:23.440 --> 01:22:31.440] Because the worse his ruling is, the more likely you are to get a positive ruling from the court of appeals. [01:22:31.440 --> 01:22:40.440] And in this subject matter jurisdiction challenge, this would be a great time to let the prosecutor and the judge know [01:22:40.440 --> 01:22:44.440] you're going to give them a fight they won't believe. [01:22:44.440 --> 01:22:50.440] That's my story and I'm sticking to it. [01:22:50.440 --> 01:22:53.440] One more last question. [01:22:53.440 --> 01:23:01.440] How soon do you think I should do this? Should I still give him 30 days to respond or? [01:23:01.440 --> 01:23:04.440] Yeah, you have to give him 30 days to respond. [01:23:04.440 --> 01:23:18.440] On the 31st day, you want to be there unless the 31st day lands on a weekend or holiday. [01:23:18.440 --> 01:23:22.440] Then he has the next full day. [01:23:22.440 --> 01:23:34.440] So if the 31st day lands on Saturday, you go to the 32nd, to the 33rd, the 34th, then you file. [01:23:34.440 --> 01:23:43.440] The Monday after the last day or if it's a holiday during the week, the next day and he gets a full day. [01:23:43.440 --> 01:23:49.440] So I think he didn't file it at 5.01pm because he only has till 5. [01:23:49.440 --> 01:23:51.440] 4.89 actually. [01:23:51.440 --> 01:23:57.440] So I'll file it 5.01 and yeah, they'll deem it filed on the next day. [01:23:57.440 --> 01:24:04.440] But I've already done the paperwork. It's already in there. He doesn't get a chance to have Tuesday morning. [01:24:04.440 --> 01:24:08.440] Exactly. You want to know you're on top of them. [01:24:08.440 --> 01:24:12.440] I'm sorry, you want them to know that you're on top of them. [01:24:12.440 --> 01:24:21.440] And when the judge rules against you, file a request for findings of fact and conclusions at law. [01:24:21.440 --> 01:24:36.440] Generally in the federal court, this is not necessary because in the federal court, a ruling is not a ruling unless there is a judgment. [01:24:36.440 --> 01:24:41.440] In the federal court, you get an order and a judgment. [01:24:41.440 --> 01:24:48.440] A ruling in a federal court consists of those two things. In the state court, you just get an order. [01:24:48.440 --> 01:24:53.440] The judgment is findings of fact and conclusions at law. [01:24:53.440 --> 01:25:08.440] If you don't get that on his rulings or if you're in court and he verbally denies your motion, then you ask the court for findings of fact and conclusions at law. [01:25:08.440 --> 01:25:23.440] You can't appeal his ruling because in order to appeal his ruling, you have to tell the court that the judge failed to properly apply the law to the facts. [01:25:23.440 --> 01:25:35.440] If you don't know what facts the judge considered and what law he applied to those facts, you have no way of knowing what to appeal. [01:25:35.440 --> 01:25:39.440] So you have to ask the judge for it. [01:25:39.440 --> 01:25:48.440] If it's not already in the judgment and then if he refuses, you don't care. [01:25:48.440 --> 01:25:50.440] You've asked for it. [01:25:50.440 --> 01:26:03.440] In Texas, if you don't ask for findings of fact and conclusions at law, then you technically waive your right to appeal. [01:26:03.440 --> 01:26:14.440] Now, I have, before I found this out, I filed appeals and nobody brought that up, but they could have. [01:26:14.440 --> 01:26:23.440] So you want to touch that base and by touching that base, they'll know you've done your homework. [01:26:23.440 --> 01:26:25.440] Okay. [01:26:25.440 --> 01:26:27.440] All right. [01:26:27.440 --> 01:26:38.440] Okay, if you need to pull this archive and go through that again, I know I've thrown a lot of information at you, but this is important. [01:26:38.440 --> 01:26:43.440] Okay, yes, it is important. [01:26:43.440 --> 01:26:47.440] Well, I am still waiting for this Mr. Alfonso. [01:26:47.440 --> 01:26:50.440] I mean, it's really hard to... [01:26:50.440 --> 01:26:53.440] He just sent me an email today. [01:26:53.440 --> 01:26:58.440] He just sent me another email asking for a reference. [01:26:58.440 --> 01:27:00.440] I was going to bring him on the show. [01:27:00.440 --> 01:27:09.440] What I will try to do is schedule a interview and have you call in at the same time. [01:27:09.440 --> 01:27:12.440] Okay. [01:27:12.440 --> 01:27:13.440] That's fine. [01:27:13.440 --> 01:27:15.440] Okay. [01:27:15.440 --> 01:27:20.440] And write out what you have done. [01:27:20.440 --> 01:27:26.440] If he's listening to this show, he'll already want to talk to you. [01:27:26.440 --> 01:27:32.440] If he's like you, he is all over these guys and he will appreciate what you're doing. [01:27:32.440 --> 01:27:41.440] If he's not listening to show, write this out and I will forward this to him when he reads that he's going to want to work with you. [01:27:41.440 --> 01:27:48.440] He helps people and we get a lot of people who expect you to do everything for them. [01:27:48.440 --> 01:27:50.440] He's frustrated. [01:27:50.440 --> 01:27:57.440] When we get someone who will actually get in there and we tell them we need you to do this thing and they actually will do that thing. [01:27:57.440 --> 01:28:01.440] I can't tell you how good that feels. [01:28:01.440 --> 01:28:07.440] And it's hard to explain how pleased I am with you as a caller. [01:28:07.440 --> 01:28:14.440] Because you're actually going to getting in there and fighting for yourself. [01:28:14.440 --> 01:28:19.440] It's not just staring with you anymore. Wow, they don't have the right to do any of that. [01:28:19.440 --> 01:28:27.440] And you're not just shaking your fist in the air, but you're going and doing the things that are difficult to get used to. [01:28:27.440 --> 01:28:32.440] And it's uncomfortable and you're standing your ground. [01:28:32.440 --> 01:28:34.440] That's the only way it's really going to happen. [01:28:34.440 --> 01:28:39.440] And this is why we do these shows to find people just like you. [01:28:39.440 --> 01:28:40.440] Right. [01:28:40.440 --> 01:28:44.440] And every time you're on. [01:28:44.440 --> 01:28:46.440] Well, get me that. [01:28:46.440 --> 01:28:47.440] I'll get a telephone. [01:28:47.440 --> 01:28:51.440] So I'll talk to him and get him to contact you. [01:28:51.440 --> 01:28:52.440] Okay. [01:28:52.440 --> 01:28:55.440] So he says one of the other things is to be quick. [01:28:55.440 --> 01:29:00.440] The judge says, well, did you study law before this case or after this case? [01:29:00.440 --> 01:29:09.440] I said a little bit before, but I was pressured now that I was offered no defense. [01:29:09.440 --> 01:29:24.440] You know, I can, I can feel myself in the judge's position thinking, okay, pro say from hell. [01:29:24.440 --> 01:29:33.440] He knows you will do things to him that a lawyer would never do. [01:29:33.440 --> 01:29:41.440] If you do it in a locatorial field, you're going to run the flag up the pole very quickly. [01:29:41.440 --> 01:29:42.440] And it'll get his attention. [01:29:42.440 --> 01:29:43.440] Okay. [01:29:43.440 --> 01:29:44.440] Thank you, Alice. [01:29:44.440 --> 01:29:46.440] We'll come back to going to peanut, California. [01:29:46.440 --> 01:29:47.440] Hang on. [01:29:47.440 --> 01:29:50.440] Randy Calton, Brett Fountain, move law radio. [01:29:50.440 --> 01:29:52.440] I won't give out the call in numbers. [01:29:52.440 --> 01:29:55.440] We've got three callers and two segments. [01:29:55.440 --> 01:29:57.440] So might not get to you, John. [01:29:57.440 --> 01:30:16.440] You'll be right back. [01:30:16.440 --> 01:30:18.440] Privacy is under attack. [01:30:18.440 --> 01:30:22.440] When you give up data about yourself, you'll never get it back again. [01:30:22.440 --> 01:30:26.440] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:26.440 --> 01:30:28.440] So protect your rights. [01:30:28.440 --> 01:30:32.440] Say no to surveillance and keep your information to yourself. [01:30:32.440 --> 01:30:34.440] Privacy, it's worth hanging on to. [01:30:34.440 --> 01:30:41.440] This message is brought to you by startpage.com, the private search engine alternative to Google, Yahoo, and Bing. [01:30:41.440 --> 01:30:45.440] Start over with Start Page. [01:30:45.440 --> 01:30:48.440] Are you always on the go and juggling multiple projects? [01:30:48.440 --> 01:30:52.440] If so, you might think that multitasking proves you're smart. [01:30:52.440 --> 01:30:56.440] But think again, all that stress might be eating your brain. [01:30:56.440 --> 01:31:00.440] A new study finds stress reduces the number of connections between neurons, [01:31:00.440 --> 01:31:04.440] which actually makes it harder for people to manage problems. [01:31:04.440 --> 01:31:10.440] Researchers at Yale University found that stressed out people have less gray matter in their prefrontal cortex. [01:31:10.440 --> 01:31:15.440] That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions. [01:31:15.440 --> 01:31:18.440] So take a deep breath and chill out. [01:31:18.440 --> 01:31:21.440] It'll help keep your mind as sharp as a tack. [01:31:21.440 --> 01:31:26.440] Like Dr. Catherine Albrecht for startpage.com, the world's most private search engine. [01:31:31.440 --> 01:31:36.440] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:31:36.440 --> 01:31:38.440] The government says that fire brought it down. [01:31:38.440 --> 01:31:43.440] However, 1,500 architects and engineers have concluded it was a controlled demolition. [01:31:43.440 --> 01:31:46.440] Over 6,000 of my fellow service members have given their lives. [01:31:46.440 --> 01:31:49.440] But thousands of my fellow force respond as they're playing. [01:31:49.440 --> 01:31:51.440] I'm not a conspiracy theorist. [01:31:51.440 --> 01:31:52.440] I'm a structural engineer. [01:31:52.440 --> 01:31:53.440] I'm a New York City correctional. [01:31:53.440 --> 01:31:54.440] I'm an Air Force pilot. [01:31:54.440 --> 01:31:55.440] I'm the father who lost his son. [01:31:55.440 --> 01:31:56.440] We're Americans. [01:31:56.440 --> 01:31:58.440] And we deserve the truth. [01:31:58.440 --> 01:32:01.440] Go to RememberBuilding7.org today. [01:32:01.440 --> 01:32:05.440] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar. [01:32:05.440 --> 01:32:08.440] In today's America, we live in an us against them society. [01:32:08.440 --> 01:32:10.440] And if we, the people, are ever going to have a free society, [01:32:10.440 --> 01:32:13.440] then we're going to have to stand and defend our own rights. [01:32:13.440 --> 01:32:16.440] Among those rights are the right to travel freely from place to place, [01:32:16.440 --> 01:32:20.440] right to act in our own private capacity, and most importantly, the right to due process of law. [01:32:20.440 --> 01:32:26.440] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process. [01:32:26.440 --> 01:32:29.440] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, [01:32:29.440 --> 01:32:34.440] has put together the most comprehensive teaching tool available that will help you understand what due process is [01:32:34.440 --> 01:32:36.440] and how to hold the courts to the Rule of Law. 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[01:34:29.440 --> 01:34:35.440] LogosRadioNetwork.com. [01:34:59.440 --> 01:35:05.440] LogosRadioNetwork.com. [01:35:29.440 --> 01:35:34.440] Your email address and see if maybe you two want to talk. [01:35:34.440 --> 01:35:39.440] Yeah, if she wants to talk, I would love it because she's done amazing. [01:35:39.440 --> 01:35:42.440] I mean, you know, just brilliant. [01:35:42.440 --> 01:35:49.440] And I know she's going to succeed and beat these guys because she's determined [01:35:49.440 --> 01:35:53.440] and she's willing to give it a go. [01:35:53.440 --> 01:35:58.440] She's getting past her nerves and doing what needs to be done. [01:35:58.440 --> 01:36:04.440] Yeah, she sounded like you. [01:36:04.440 --> 01:36:10.440] I don't know how much experience she's had, but she sounded, you know, [01:36:10.440 --> 01:36:17.440] if I was the judge and listened to her, she sounds better than most attorneys. [01:36:17.440 --> 01:36:22.440] She does. She does. [01:36:22.440 --> 01:36:25.440] And I hope she wins big. [01:36:25.440 --> 01:36:29.440] Me too. I hope she gets a million dollars from that job lawyer. [01:36:29.440 --> 01:36:30.440] Me too. [01:36:30.440 --> 01:36:34.440] Okay. What do you have for us today? [01:36:34.440 --> 01:36:41.440] Well, a couple of quick, the one quick thing is to let everyone know that the, [01:36:41.440 --> 01:36:44.440] we're not going to mention the county or anything, [01:36:44.440 --> 01:36:52.440] but the criminal complaint is being presented on March the 1st. [01:36:52.440 --> 01:37:03.440] So, and they will have 10 days to view the evidence package and decide whether to [01:37:03.440 --> 01:37:05.440] indict or not. [01:37:05.440 --> 01:37:11.440] Okay. That kind of surprised me because when I filed against the court of criminal [01:37:11.440 --> 01:37:18.440] appeals, they got the presentment on their first day in office, [01:37:18.440 --> 01:37:23.440] which happened to be April 1st. It was very appropriate. [01:37:23.440 --> 01:37:29.440] And the grand juries here in that county sits for three months. [01:37:29.440 --> 01:37:36.440] They held it till the last day in office and no build on the last day in office. [01:37:36.440 --> 01:37:40.440] So here he's just giving them 10 days. [01:37:40.440 --> 01:37:43.440] It'll be the basis for shortening that time. [01:37:43.440 --> 01:37:47.440] Well, this is a whole different prosecutor. [01:37:47.440 --> 01:37:49.440] It was a 2008. [01:37:49.440 --> 01:37:57.440] So I think that Ronald wanted to get these guys indicted and he gave them [01:37:57.440 --> 01:37:59.440] all the time they could. [01:37:59.440 --> 01:38:02.440] I think he probably knew he wouldn't. [01:38:02.440 --> 01:38:10.440] But by making them sweat for three months, he beat them up really good. [01:38:10.440 --> 01:38:13.440] This one is not against the judge. [01:38:13.440 --> 01:38:19.440] This is against the citizen. So this prosecutor seems to really want to nail [01:38:19.440 --> 01:38:24.440] them. And the actual complaint is not that complex. [01:38:24.440 --> 01:38:28.440] That's probably the reason. [01:38:28.440 --> 01:38:33.440] Well, he did say to me before that normally the process they were given was [01:38:33.440 --> 01:38:38.440] that they would give the cases to the grand juror, present them in 20 minutes, [01:38:38.440 --> 01:38:43.440] and then give them one hour to decide with money he was going to present, [01:38:43.440 --> 01:38:45.440] take an hour to present. [01:38:45.440 --> 01:38:48.440] And at first he said he was going to give them a week. [01:38:48.440 --> 01:38:51.440] Now he's giving them 10 days. [01:38:51.440 --> 01:38:55.440] Yeah, this is, I was really pleased. [01:38:55.440 --> 01:39:02.440] Clearly, this prosecutor is going to try to get this guy indicted. [01:39:02.440 --> 01:39:08.440] Let's go back to what Scalia said in USV Williams. [01:39:08.440 --> 01:39:15.440] Any prosecutor worth his salt can get a ham sandwich indicted. [01:39:15.440 --> 01:39:18.440] Well, I hope that's the case. [01:39:18.440 --> 01:39:24.440] And with the grand jury, with the prosecutor presenting a good case, [01:39:24.440 --> 01:39:28.440] these are high level officials. [01:39:28.440 --> 01:39:33.440] When I filed mine, it was a 117 page document. [01:39:33.440 --> 01:39:35.440] But these are the highest judges in Texas. [01:39:35.440 --> 01:39:41.440] So I'm asking a grand jury to indict the highest judges in Texas. [01:39:41.440 --> 01:39:47.440] And they did essentially better than I would have expected. [01:39:47.440 --> 01:39:49.440] I didn't want them indicted. [01:39:49.440 --> 01:39:54.440] Unlike the prosecutor, I wasn't trying to end their career. [01:39:54.440 --> 01:39:57.440] I just want them to get stung pretty good. [01:39:57.440 --> 01:40:01.440] And by them holding them for three months, that's stung them pretty good. [01:40:01.440 --> 01:40:05.440] The thing I complained about doesn't happen in Texas anymore. [01:40:05.440 --> 01:40:06.440] So it fixed it. [01:40:06.440 --> 01:40:08.440] This one's different. [01:40:08.440 --> 01:40:10.440] This one gets stung. [01:40:10.440 --> 01:40:12.440] This is the real deal. [01:40:12.440 --> 01:40:18.440] And this could, this could create a watershed. [01:40:18.440 --> 01:40:19.440] Yes. [01:40:19.440 --> 01:40:26.440] Ordinary citizen, one of those individuals that's been stung by these [01:40:26.440 --> 01:40:30.440] improper practices of the banks. [01:40:30.440 --> 01:40:33.440] Take this guy on and get him indicted. [01:40:33.440 --> 01:40:37.440] That will change everything. [01:40:37.440 --> 01:40:39.440] It will. [01:40:39.440 --> 01:40:45.440] Now, going to, I had a different question, but I want to go back to what you were saying. [01:40:45.440 --> 01:40:48.440] I think it was David because it's fresh in my mind. [01:40:48.440 --> 01:40:53.440] You talked about the look of Feldman doctrine and how, you know, [01:40:53.440 --> 01:40:58.440] the state has adjudicated a federal court will, [01:40:58.440 --> 01:41:01.440] they will bring that in and they won't do anything. [01:41:01.440 --> 01:41:08.440] Now, I'm trying to reopen my bankruptcy, which is a federal court. [01:41:08.440 --> 01:41:17.440] And to the state judge had ruled against me in a lot of issues, [01:41:17.440 --> 01:41:22.440] but they didn't, they didn't apply the law to all the facts of the case. [01:41:22.440 --> 01:41:32.440] Now, if I'm allowed to, you know, if the appellate court allows me to reopen the bankruptcy [01:41:32.440 --> 01:41:38.440] and I file an adversary proceeding, I'm anticipating the bank coming in with that [01:41:38.440 --> 01:41:41.440] look of Feldman doctrine immediately. [01:41:41.440 --> 01:41:46.440] And the fact that they'll do the whole, oh, this is a sixth, seventh meritless law [01:41:46.440 --> 01:41:49.440] certainly to hold the rule against that. [01:41:49.440 --> 01:41:54.440] In your bank, in your adversarial proceeding, and let me explain to those [01:41:54.440 --> 01:41:58.440] who don't understand the difference between bankruptcy and what adversarial [01:41:58.440 --> 01:42:02.440] and bankruptcy is, bankruptcy is just, you know, following the standard bankruptcy stuff. [01:42:02.440 --> 01:42:08.440] But once you open the door to the court, then you can file a claim [01:42:08.440 --> 01:42:13.440] that's potentially responsible for the bankruptcy. [01:42:13.440 --> 01:42:23.440] An adversarial proceeding is essentially a lawsuit that you filed into the bankruptcy court. [01:42:23.440 --> 01:42:34.440] So, in that lawsuit, she can argue that the state court failed to properly apply the law [01:42:34.440 --> 01:42:43.440] to the facts and abused its discretion, and thereby you were denied a fair hearing [01:42:43.440 --> 01:42:48.440] or the ruling denied you a due process. [01:42:48.440 --> 01:42:55.440] And that you can bring to the trial court, in your adversarial proceeding, [01:42:55.440 --> 01:43:00.440] to challenge the validity of the ruling against you and ask the court not to [01:43:00.440 --> 01:43:09.440] re-litigate the case, but determine whether or not the trial judge abused his discretion [01:43:09.440 --> 01:43:15.440] and denied you due process, that you can bring in your adversarial proceeding. [01:43:15.440 --> 01:43:19.440] As well as bringing in the fraud upon the court, because that's what I went into, [01:43:19.440 --> 01:43:24.440] is to prove initially that they bought fraud upon the bankruptcy court [01:43:24.440 --> 01:43:29.440] when they filed an improper and invalid proof of claim. [01:43:29.440 --> 01:43:31.440] And that would work. [01:43:31.440 --> 01:43:32.440] Okay, hang on. [01:43:32.440 --> 01:43:35.440] We're about to go to our sponsors. [01:43:35.440 --> 01:43:38.440] I do want to move quickly. [01:43:38.440 --> 01:43:41.440] Tina, can you call back tomorrow night? [01:43:41.440 --> 01:43:45.440] I would definitely like to spend more time on this, [01:43:45.440 --> 01:43:48.440] and I definitely want to tell this to our listeners tomorrow night, [01:43:48.440 --> 01:43:51.440] because we might not have the same people on that. [01:43:51.440 --> 01:43:54.440] We may be about to get these guys. [01:43:54.440 --> 01:43:59.440] Hang on, we'll be right back. [01:44:24.440 --> 01:44:26.440] How to answer letters and phone calls. [01:44:26.440 --> 01:44:28.440] How to get debt collectors out of your credit reports. [01:44:28.440 --> 01:44:33.440] How to turn the financial tables on them and make them pay you to go away. [01:44:33.440 --> 01:44:38.440] The Michael Mirris Proven Method is the solution for how to stop debt collectors. [01:44:38.440 --> 01:44:40.440] Personal consultation is available as well. [01:44:40.440 --> 01:44:44.440] For more information, please visit ruleoflawradio.com [01:44:44.440 --> 01:44:49.440] and click on the blue Michael Mirris banner or email Michael Mirris at yahoo.com. [01:44:49.440 --> 01:44:57.440] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com. [01:44:57.440 --> 01:45:00.440] To learn how to stop debt collectors next, [01:45:00.440 --> 01:45:04.440] are you the plaintiff or defendant in a lawsuit? [01:45:04.440 --> 01:45:07.440] Win your case without an attorney with Jurisdictionary. [01:45:07.440 --> 01:45:12.440] The affordable, easy-to-understand four-CD course that will show you how [01:45:12.440 --> 01:45:15.440] in 24 hours, step-by-step. [01:45:15.440 --> 01:45:18.440] If you have a lawyer, know what your lawyer should be doing. [01:45:18.440 --> 01:45:22.440] If you don't have a lawyer, know what you should do for yourself. [01:45:22.440 --> 01:45:27.440] Thousands have won with our step-by-step course, and now you can too. [01:45:27.440 --> 01:45:33.440] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:33.440 --> 01:45:38.440] Even if you're not in a lawsuit, you can learn what everyone should understand [01:45:38.440 --> 01:45:42.440] about the principles and practices that control our American courts. [01:45:42.440 --> 01:45:47.440] You'll receive our audio classroom, video seminar, tutorials, [01:45:47.440 --> 01:45:52.440] forms for civil cases, prosay tactics, and much more. [01:45:52.440 --> 01:45:56.440] Please visit ruleoflawradio.com and click on the banner. [01:45:56.440 --> 01:46:22.440] Our call toll-free, 866-LAW-E-Z. [01:46:22.440 --> 01:46:27.440] Some things in this world I will never understand. [01:46:27.440 --> 01:46:31.440] Some things I realize fully. [01:46:31.440 --> 01:46:35.440] Somebody don't have police, I'm a policeman. [01:46:35.440 --> 01:46:39.440] Somebody don't have police, I'm a bully. [01:46:39.440 --> 01:46:44.440] There's always room at the top of the hill. [01:46:44.440 --> 01:46:46.440] Okay, we are back. [01:46:46.440 --> 01:46:52.440] We're talking to Tina in California, Tina. [01:46:52.440 --> 01:46:55.440] Do you have anything else we need to do tonight? [01:46:55.440 --> 01:46:59.440] Not tonight, I'll save it for tomorrow so that you can get under the other call. [01:46:59.440 --> 01:47:01.440] Thank you for that. [01:47:01.440 --> 01:47:07.440] I want to spend more time on this tomorrow, because frankly, I'm pretty excited about this. [01:47:07.440 --> 01:47:09.440] Okay. [01:47:09.440 --> 01:47:11.440] Okay, thank you, Tina. [01:47:11.440 --> 01:47:13.440] Okay, bye. [01:47:13.440 --> 01:47:16.440] Now we're going to Chris in California. [01:47:16.440 --> 01:47:21.440] Hello, Chris, what do you have for us today? [01:47:21.440 --> 01:47:27.440] I have a question about collecting money from people. [01:47:27.440 --> 01:47:30.440] I have three different instances. [01:47:30.440 --> 01:47:33.440] One, I have a judgment against somebody. [01:47:33.440 --> 01:47:37.440] Two, somebody owed money from a company that went bankrupt, [01:47:37.440 --> 01:47:41.440] but they never put my name or our company on the bankruptcy. [01:47:41.440 --> 01:47:47.440] And then three, someone just cost me a bunch of money because they were just pissed. [01:47:47.440 --> 01:47:53.440] So that's the three parts. [01:47:53.440 --> 01:47:57.440] I have somebody who kept a deposit. [01:47:57.440 --> 01:48:00.440] I went to court and they ruled against them. [01:48:00.440 --> 01:48:03.440] They had to pay me a deposit plus my expenses to recover it. [01:48:03.440 --> 01:48:05.440] It's been six months, I haven't heard from them. [01:48:05.440 --> 01:48:08.440] They're always going to push not to do anything. [01:48:08.440 --> 01:48:13.440] Okay, I got a story about that one. [01:48:13.440 --> 01:48:24.440] We had a lawyer in Fort Worth who got a judgment against the IRS for $6,000. [01:48:24.440 --> 01:48:28.440] And the IRS refused to pay him. [01:48:28.440 --> 01:48:35.440] He went to the court and asked the court for an order to allow him to go down to the IRS [01:48:35.440 --> 01:48:46.440] and impound IRS or take furniture and belongings of the IRS [01:48:46.440 --> 01:48:51.440] so that he could sell them at auction to recover his funds. [01:48:51.440 --> 01:48:56.440] He got the order, took it to the sheriff, the sheriff came down, [01:48:56.440 --> 01:49:04.440] and while the sheriff and some deputies are taking furniture out of the IRS office, [01:49:04.440 --> 01:49:09.440] they've got him a check. [01:49:09.440 --> 01:49:11.440] That's how you do it. [01:49:11.440 --> 01:49:20.440] Now, that was pretty gutsy, but you asked the court to give you an order [01:49:20.440 --> 01:49:27.440] allowing you to go down and impound properties sufficient to cover what your cost is. [01:49:27.440 --> 01:49:34.440] And you take that to the sheriff and generally, it's an order to the sheriff. [01:49:34.440 --> 01:49:36.440] You know, the same guy's... [01:49:36.440 --> 01:49:39.440] I think it's called a writ of execution, is that right? [01:49:39.440 --> 01:49:41.440] It could be right. [01:49:41.440 --> 01:49:44.440] This is not something I've ever done, so I don't have the exact details, [01:49:44.440 --> 01:49:50.440] but that sounds right, a writ to execute the judgment. [01:49:50.440 --> 01:49:52.440] Okay. [01:49:52.440 --> 01:49:54.440] You don't take anything yourself. [01:49:54.440 --> 01:49:57.440] It's the sheriff to come down there to do it. [01:49:57.440 --> 01:49:58.440] Okay. [01:49:58.440 --> 01:50:05.440] So he got people with guns coming in, taking their computers, furniture, whatever. [01:50:05.440 --> 01:50:08.440] They'll get you a check. [01:50:08.440 --> 01:50:10.440] This is just a... [01:50:10.440 --> 01:50:12.440] I don't know, this guy is... [01:50:12.440 --> 01:50:14.440] It was a scam to begin with. [01:50:14.440 --> 01:50:18.440] He's renting it from someone else and he was acting like the landlord renting out rooms, [01:50:18.440 --> 01:50:21.440] but he just keeps everybody's deposit and he makes them fight him for it. [01:50:21.440 --> 01:50:24.440] And he doesn't have a whole lot himself, he's lost all his businesses. [01:50:24.440 --> 01:50:26.440] He's just a scammer. [01:50:26.440 --> 01:50:29.440] Have you filed criminally against him? [01:50:29.440 --> 01:50:31.440] Well, no, I haven't. [01:50:31.440 --> 01:50:33.440] I want to. [01:50:33.440 --> 01:50:35.440] Yeah, filed criminally against him. [01:50:35.440 --> 01:50:38.440] That's fraud. [01:50:38.440 --> 01:50:40.440] But that was over three years ago. [01:50:40.440 --> 01:50:42.440] Nobody will touch it anymore, you know? [01:50:42.440 --> 01:50:44.440] Five years on fraud. [01:50:44.440 --> 01:50:45.440] Is it? [01:50:45.440 --> 01:50:46.440] That was cool. [01:50:46.440 --> 01:50:47.440] You don't care. [01:50:47.440 --> 01:50:49.440] You don't care what they want to do. [01:50:49.440 --> 01:50:55.440] You take it, you take the criminal complaint to a magistrate. [01:50:55.440 --> 01:50:58.440] You don't take it to please heck with them. [01:50:58.440 --> 01:51:05.440] Nothing I've ever seen in law, and I'm saying it that way because I haven't looked at every state, [01:51:05.440 --> 01:51:13.440] but nothing I've ever seen in law directs a criminal complaint to anyone other than some magistrate. [01:51:13.440 --> 01:51:21.440] You make up a statement of facts and a criminal complaint and take it to a magistrate and ask the magistrate to hold an examining trial, [01:51:21.440 --> 01:51:27.440] issue a warrant, and you take it and he'll give that warrant to the sheriff. [01:51:27.440 --> 01:51:30.440] The sheriff go out and arrest him. [01:51:30.440 --> 01:51:31.440] Okay. [01:51:31.440 --> 01:51:35.440] So this guy's just not not just doing this to you. [01:51:35.440 --> 01:51:37.440] He's doing this to everybody. [01:51:37.440 --> 01:51:41.440] This is an ongoing criminal behavior. [01:51:41.440 --> 01:51:45.440] And he's got criminal record too, so. [01:51:45.440 --> 01:51:47.440] So that won't help him either. [01:51:47.440 --> 01:51:55.440] So take that to the magistrates and magistrates, you know, the people like us for the most part. [01:51:55.440 --> 01:52:02.440] And when you go down and tell the magistrate, this guy is scamming the guys who vote for you. [01:52:02.440 --> 01:52:06.440] He's stealing from people on a regular basis. [01:52:06.440 --> 01:52:10.440] And I have no other remedy. [01:52:10.440 --> 01:52:15.440] You're my last remedy. [01:52:15.440 --> 01:52:16.440] They're real people. [01:52:16.440 --> 01:52:20.440] My son-in-law is a JP. [01:52:20.440 --> 01:52:22.440] And he's like the rest of them. [01:52:22.440 --> 01:52:23.440] They're in a while. [01:52:23.440 --> 01:52:29.440] They get a little more jaded, but they're still there to catch the bad guys. [01:52:29.440 --> 01:52:35.440] And, you know, while we do this show, we want to beat them up a lot because they're not doing what we want them to. [01:52:35.440 --> 01:52:42.440] But on the other hand, if we take on something that will allow them to do the right thing for the right reason, [01:52:42.440 --> 01:52:46.440] these guys didn't get into this position so they could be bad guys. [01:52:46.440 --> 01:52:48.440] They want to be good guys. [01:52:48.440 --> 01:52:50.440] Give them the opportunity. [01:52:50.440 --> 01:52:54.440] They're going to tell you, we need to take that to the police. [01:52:54.440 --> 01:52:57.440] No, I do not need to take that to the police. [01:52:57.440 --> 01:53:00.440] I need to bring it to you. [01:53:00.440 --> 01:53:06.440] The police are not the right ones to make a determination on the facts and the law I gave you. [01:53:06.440 --> 01:53:07.440] That's your job. [01:53:07.440 --> 01:53:11.440] That's what you were elected to do. [01:53:11.440 --> 01:53:12.440] You take this. [01:53:12.440 --> 01:53:17.440] If you find that I have enough evidence to indicate this guy is committing fraud, [01:53:17.440 --> 01:53:22.440] you make a determination or probable cause and then ask the police to go investigate. [01:53:22.440 --> 01:53:26.440] And you tell them, you know, I'm not after this guy personally, [01:53:26.440 --> 01:53:33.440] but he's going to other people and we want him to have a reason to stop doing this. [01:53:33.440 --> 01:53:35.440] And you've given that reason. [01:53:35.440 --> 01:53:40.440] Just do a little song and dance and so forth down your pants. [01:53:40.440 --> 01:53:45.440] See if you can convince the magistrate that this is a good thing to do. [01:53:45.440 --> 01:53:47.440] Okay. [01:53:47.440 --> 01:53:51.440] So the following two people I have no judgment against. [01:53:51.440 --> 01:53:58.440] They just, well, the one person we brought, we had a business a while back and we bought a refrigerator from them, [01:53:58.440 --> 01:53:59.440] never used it. [01:53:59.440 --> 01:54:04.440] So we bought it back to them and they auctioned it and sold it within a few days and they've never paid us. [01:54:04.440 --> 01:54:07.440] Wait, they auctioned it? [01:54:07.440 --> 01:54:09.440] What, they have an auctioneer's license? [01:54:09.440 --> 01:54:11.440] Sorry, not an auction. [01:54:11.440 --> 01:54:15.440] It was, you know, the restaurant supply place. [01:54:15.440 --> 01:54:18.440] So they sold it, you know, just to someone else. [01:54:18.440 --> 01:54:21.440] It was commissioned, sorry, commissioned based. [01:54:21.440 --> 01:54:23.440] That's theft. [01:54:23.440 --> 01:54:24.440] Yeah. [01:54:24.440 --> 01:54:25.440] And I agreed. [01:54:25.440 --> 01:54:27.440] I called the sheriff, I called the police and they won't do anything about it. [01:54:27.440 --> 01:54:28.440] That's civil. [01:54:28.440 --> 01:54:29.440] You got to do all that kind of stuff. [01:54:29.440 --> 01:54:36.440] So prepare a criminal complaint, take it to a magistrate and file a civil suit against them. [01:54:36.440 --> 01:54:40.440] If they have a business license, file a complaint against a business license. [01:54:40.440 --> 01:54:47.440] And what was probably the most powerful thing you can do is make up this really scathing letter. [01:54:47.440 --> 01:54:52.440] And file it with the better business bureau. [01:54:52.440 --> 01:55:00.440] My wife bought a $6,000 special made leather couch. [01:55:00.440 --> 01:55:05.440] And the cushions were hard as a rock and they tipped forward a little bit. [01:55:05.440 --> 01:55:10.440] So you sit down in it and if you move around, you gradually scoot forward. [01:55:10.440 --> 01:55:12.440] Absolutely could not sit on this thing. [01:55:12.440 --> 01:55:16.440] Had them come out four or five times to try to fix it, they couldn't. [01:55:16.440 --> 01:55:18.440] So she told them, get it out of here. [01:55:18.440 --> 01:55:19.440] Take it back. [01:55:19.440 --> 01:55:24.440] They said that would be a 40% restock in charge. [01:55:24.440 --> 01:55:26.440] I said, no it won't. [01:55:26.440 --> 01:55:32.440] I filed a scathing letter with the better business bureau. [01:55:32.440 --> 01:55:39.440] When you do that, the better business bureau will notice them that it's been filed. [01:55:39.440 --> 01:55:46.440] These guys couldn't get my wife that $6,000 check fast enough. [01:55:46.440 --> 01:56:02.440] They got that couch, gave her that check and asked her to let the better business bureau know that your problem had been solved. [01:56:02.440 --> 01:56:09.440] And I accidentally, I was sending somebody some soap that I make soap. [01:56:09.440 --> 01:56:14.440] I used to be an industrial cleaning business and I designed soaps. [01:56:14.440 --> 01:56:24.440] I put this, somehow this guy's a dress guy on it and I sent him this container of soap and he gets this soap and it's a white powder. [01:56:24.440 --> 01:56:32.440] He went bananas and I got a call from the Fort Worth police department. [01:56:32.440 --> 01:56:35.440] That told me, oh, my bad. [01:56:35.440 --> 01:56:37.440] That was soap. [01:56:37.440 --> 01:56:38.440] Said, don't eat it. [01:56:38.440 --> 01:56:39.440] It tastes like crap. [01:56:39.440 --> 01:56:44.440] But it really cleaned your hands good. [01:56:44.440 --> 01:56:45.440] That was pretty funny. [01:56:45.440 --> 01:56:49.440] But she got her $6,000 quickly. [01:56:49.440 --> 01:57:02.440] Deborah, the producer on the show, she had a problem with a company that did the wanted house warranties. [01:57:02.440 --> 01:57:05.440] If you need house repair there, take care of it. [01:57:05.440 --> 01:57:07.440] And they didn't do their job. [01:57:07.440 --> 01:57:13.440] And she's having a lot of problems with them. [01:57:13.440 --> 01:57:19.440] I'm sorry about that. I've got some killer attack dogs. [01:57:19.440 --> 01:57:24.440] They keep that through your tongue and they want me to go get them some goodies. [01:57:24.440 --> 01:57:26.440] And I tell them to shut up. [01:57:26.440 --> 01:57:27.440] They don't listen to me. [01:57:27.440 --> 01:57:33.440] Anyway, now I lost where I was. [01:57:33.440 --> 01:57:38.440] You shut up, you scroungy muts. [01:57:38.440 --> 01:57:41.440] My apologies about that. [01:57:41.440 --> 01:57:47.440] Anyway, where was I? [01:57:47.440 --> 01:57:52.440] She wrote a letter to the better business bureau. [01:57:52.440 --> 01:57:56.440] Man, these guys were on it immediately. [01:57:56.440 --> 01:57:58.440] That is a big problem. [01:57:58.440 --> 01:58:01.440] My word is that the company's not a company anymore. [01:58:01.440 --> 01:58:04.440] They're bankrupts and they found bankruptcy last year. [01:58:04.440 --> 01:58:07.440] So it's just the owners that used to be there. [01:58:07.440 --> 01:58:16.440] Okay, call in tomorrow. File in a complaint of the bankruptcy court for bankruptcy fraud. [01:58:16.440 --> 01:58:17.440] Okay. [01:58:17.440 --> 01:58:21.440] Your word included in the bankruptcy. [01:58:21.440 --> 01:58:23.440] Yeah, that'll make a lot of money. [01:58:23.440 --> 01:58:26.440] Okay, thank you Chris. [01:58:26.440 --> 01:58:29.440] If you have any more questions, call in tomorrow night. [01:58:29.440 --> 01:58:31.440] John, I'm sorry we didn't get to you. [01:58:31.440 --> 01:58:33.440] Call in tomorrow night. [01:58:33.440 --> 01:58:35.440] This is Randy Kelton, Brett Felton. [01:58:35.440 --> 01:58:43.440] We'll be back Thursday night and tomorrow night on our regular four hour info marathon. [01:58:43.440 --> 01:58:46.440] So make sure you listen. [01:58:46.440 --> 01:59:08.440] Thank you all. [01:59:08.440 --> 01:59:18.440] We'll see you tomorrow night. [01:59:38.440 --> 01:59:59.440] We'll see you tomorrow night.