[00:00.000 --> 00:06.840]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.840 --> 00:13.160]  Markets for Monday the 22nd of July 2019, open with precious metals, gold $1,429 an ounce,
[00:13.160 --> 00:21.440]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.440 --> 00:29.800]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.800 --> 00:41.560]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.560 --> 00:52.480]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated
[00:52.480 --> 00:57.840]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.840 --> 01:04.840]  the 10 and injuring 40.
[01:04.840 --> 01:09.880]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempett attacks
[01:09.880 --> 01:15.080]  his law back in June, county prosecutors around the state including Houston, Austin, San Antonio
[01:15.080 --> 01:19.200]  have been dropping marijuana possession charges and even refusing to file new ones since they
[01:19.200 --> 01:23.320]  are stipulating that they do not have the time or the laboratory equipment to test the
[01:23.320 --> 01:27.880]  drug for THC. Margaret Moore, the Travis County District Attorney announced earlier
[01:27.880 --> 01:32.600]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:32.600 --> 01:33.800]  because of the law.
[01:33.800 --> 01:37.680]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:37.680 --> 01:42.200]  that county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.200 --> 01:48.360]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.360 --> 01:54.600]  well as other cities too, like the District Attorney in El Paso, Cayma Esparza, a Democrat
[01:54.600 --> 01:59.080]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.080 --> 02:01.800]  prosecution of marijuana cases in El Paso.
[02:01.800 --> 02:06.800]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.800 --> 02:10.840]  in Harris County who stated that, quote, the law is constantly changing on what makes
[02:10.840 --> 02:13.560]  something illegal based on its chemical makeup.
[02:13.560 --> 02:17.440]  It's important that if someone is charged with something, the test matches what they're
[02:17.440 --> 02:22.680]  charged with.
[02:22.680 --> 02:27.320]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.320 --> 02:32.440]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.440 --> 02:38.080]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.080 --> 02:39.580]  Pacific Ocean.
[02:39.580 --> 02:44.280]  According to the university paper, the shark secretes a lumus fluid from a gland near its
[02:44.280 --> 02:51.280]  front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[03:14.280 --> 03:26.280]  And I received my remedy today, came in a box just like the state I accepted for value
[03:26.280 --> 03:27.280]  right away.
[03:27.280 --> 03:37.280]  It's not too late or not later, we are originators and our pathways seem to get straighter every
[03:37.280 --> 03:45.280]  day, and I can take anything that belongs to me and put it to good use.
[03:45.280 --> 03:53.280]  When I was good for the gender, I was gonna work for a good.
[03:53.280 --> 04:00.280]  I know some archipelago tests, I know some engineer.
[04:00.280 --> 04:11.280]  Okay, we are back Randy Kelton Brett fountain radio on this the 28th day of May, 2021.
[04:11.280 --> 04:16.280]  And we're going to Jane in Texas.
[04:16.280 --> 04:18.280]  Hello, Jane.
[04:18.280 --> 04:21.280]  What do you have for us today?
[04:21.280 --> 04:22.280]  Hi, Randy.
[04:22.280 --> 04:23.280]  Hi, Brett.
[04:23.280 --> 04:27.280]  Can you hear me because I'm on speaker and it's easier for me if I have my clear.
[04:27.280 --> 04:31.280]  But if it's fuzzy, then I will get off speaker.
[04:31.280 --> 04:34.280]  No, I can't hear what you're saying.
[04:34.280 --> 04:35.280]  Okay.
[04:35.280 --> 04:37.280]  I'm a bit devoted.
[04:37.280 --> 04:39.280]  I'm just kidding.
[04:39.280 --> 04:42.280]  He's just pulling your chain.
[04:42.280 --> 04:44.280]  Oh, did you hear me?
[04:44.280 --> 04:46.280]  Yeah, I can hear you.
[04:46.280 --> 04:52.280]  I really want to record a conversation on my other phone because that's why I remember
[04:52.280 --> 04:55.280]  what you tell me.
[04:55.280 --> 05:02.280]  Anyway, I just wanted to let you know that I'm first time caller and my friend Candace
[05:02.280 --> 05:08.280]  about a month ago or actually longer than that has been trying to get me to get on the
[05:08.280 --> 05:14.280]  telegram and the IAM, all phones, those websites.
[05:14.280 --> 05:20.280]  And I got on there and I've been trying to run as much as I can in a short period of time
[05:20.280 --> 05:30.280]  because my story is I'm in a lowest court of the land, I guess, with BJP court, correct?
[05:30.280 --> 05:32.280]  Yes.
[05:32.280 --> 05:33.280]  Yeah.
[05:33.280 --> 05:41.280]  Well, I moved in here 20 years ago and I've been, I was happy here for all this time until
[05:41.280 --> 05:45.280]  2018 when I had my neighbor move in next door to me.
[05:45.280 --> 05:53.280]  And she is, I guess I could say probably, I think she's a psychopath, but that's just
[05:53.280 --> 05:55.280]  my opinion.
[05:55.280 --> 06:01.280]  So, yes, we, I don't know, we just didn't get it all.
[06:01.280 --> 06:05.280]  We didn't click and there's been a lot of issues.
[06:05.280 --> 06:10.280]  She's done a lot of things to me like cutting my internet cable.
[06:10.280 --> 06:18.280]  She has trapped my cat on her patio and press charges on me for theft and trespassing.
[06:18.280 --> 06:19.280]  Let's see.
[06:19.280 --> 06:23.280]  She called the police on me from talking my vehicle in front of my place and told them
[06:23.280 --> 06:27.280]  that I had been fined by the HOA and blah, blah, blah.
[06:27.280 --> 06:34.280]  And she, I actually had to use my flagpole once to move her camera because she has her
[06:34.280 --> 06:38.280]  cameras trained at my front door and on my driveway.
[06:38.280 --> 06:44.280]  So, she's constantly recording everything that I say outside my front door and outside
[06:44.280 --> 06:45.280]  my back door.
[06:45.280 --> 06:51.280]  So, anyway, so it really bothered me and so I got, once I got my flagpole and I moved
[06:51.280 --> 06:55.280]  her camera and then she called the police and I got charged with criminal mischief.
[06:55.280 --> 07:00.280]  And, you know, it's just one thing and then another.
[07:00.280 --> 07:07.280]  But when she didn't get her way here because she came in with the idea that she's going
[07:07.280 --> 07:12.280]  to make everything the way that she wants it and we have an HOA, you know, everybody's
[07:12.280 --> 07:19.280]  been established here for a long time and I'm not sure HOA necessarily enforces the
[07:19.280 --> 07:23.280]  rules because they're lazy about that.
[07:23.280 --> 07:29.280]  And so, everybody, I mean, but it's not, it's work though and so there's not been any
[07:29.280 --> 07:36.280]  issues until she moved in but because she doesn't like me, she decided she was going
[07:36.280 --> 07:43.280]  to file a lawsuit against me and what she did initially was file, had her attorney file
[07:43.280 --> 07:51.280]  a claim and demand letter for all of these HOA documents and all the architectural review
[07:51.280 --> 07:56.280]  submissions and so her...
[07:56.280 --> 07:58.280]  Okay, hold on, hold on.
[07:58.280 --> 08:05.280]  Where does she get standing to enforce HOA rules?
[08:05.280 --> 08:12.280]  Okay, in our documents, I did see in there, I can't think of the exact place where it
[08:12.280 --> 08:14.280]  is but, I mean, I have all the documents.
[08:14.280 --> 08:15.280]  I sent them to...
[08:15.280 --> 08:21.280]  I filed them with the JP court but there is a place in there where it says...
[08:21.280 --> 08:28.280]  This just might be general for HOAs but I took it literally as if the HOA board or
[08:28.280 --> 08:35.280]  the architectural review committee does not enforce the rules, what they have written
[08:35.280 --> 08:40.280]  out, then other homeowners can hold another homeowner accountable for.
[08:40.280 --> 08:43.280]  Is that not correct?
[08:43.280 --> 08:47.280]  It depends on the contract with the HOA.
[08:47.280 --> 08:50.280]  Okay, well, I mean, it's varying.
[08:50.280 --> 08:54.280]  I mean, it doesn't say specifically, it doesn't lay out.
[08:54.280 --> 09:02.280]  It's just, okay, the whole issue is because she doesn't like me and my yard was really
[09:02.280 --> 09:08.280]  beautiful landscape but I had some things out there like bricks around the edges around
[09:08.280 --> 09:14.280]  where the sidewalks are and where the sidewalk comes up to my door and to hold the dirt in
[09:14.280 --> 09:20.280]  the yard so I could grow grass and I had some plants out there and I just always grew flowers
[09:20.280 --> 09:22.280]  in the flower bed and whatever.
[09:22.280 --> 09:28.280]  Well, I didn't get permission for that stuff so but it's not ever been a problem and the
[09:28.280 --> 09:29.280]  property...
[09:29.280 --> 09:33.280]  Has that stuff been specifically forbidden by the HOA?
[09:33.280 --> 09:38.280]  Well, in the documents it says you got to get permission for anything that you put out
[09:38.280 --> 09:43.280]  in the common area which, you know, it's common but it's still my property that I pay taxes
[09:43.280 --> 09:51.280]  on it and, you know, the survey, it's my property but it's considered to be common because it's
[09:51.280 --> 09:52.280]  common.
[09:52.280 --> 09:58.280]  Now, but still and so one of the things that I put out there was these trees that I put
[09:58.280 --> 10:04.280]  up to block her view of her camera because I was tired of her spying on me and she didn't
[10:04.280 --> 10:11.280]  like that so that is the reason why she filed this thing and so the attorney filed the claim
[10:11.280 --> 10:17.280]  of the man and he also claimed that he filed it on the HOA board members also that they
[10:17.280 --> 10:23.280]  wanted all the submissions, all the paperwork, everything, all the contracts so that, you
[10:23.280 --> 10:25.280]  know, they could see.
[10:25.280 --> 10:33.280]  Well, so, okay, so then I didn't ever reply to that initially and so because it was a
[10:33.280 --> 10:34.280]  notice of...
[10:34.280 --> 10:37.280]  I mean, it was a notice of claim of the man.
[10:37.280 --> 10:43.280]  It's not like a, you know, like a lost it or anything so but before the deadline came
[10:43.280 --> 10:49.280]  up, I went ahead and removed everything that I had out in front because I didn't want her
[10:49.280 --> 10:55.280]  doing the HOA and, you know, all the other people here because of me so I removed everything
[10:55.280 --> 11:04.280]  and it looked horrible after when I moved everything so the next thing I get a letter from, I mean,
[11:04.280 --> 11:10.280]  a notice to cease and desist and this is out of the blue and he says in here...
[11:10.280 --> 11:13.280]  He says, cease and desist what?
[11:13.280 --> 11:18.280]  Cease and desist, let's see.
[11:18.280 --> 11:21.280]  Oh, that...
[11:21.280 --> 11:22.280]  She's...
[11:22.280 --> 11:28.280]  That I'm harassing, malicious harassment of Smith and defamation of her character and
[11:28.280 --> 11:34.280]  which is totally opposite of what happens is what she's doing that she's suing me for
[11:34.280 --> 11:36.280]  and so...
[11:36.280 --> 11:41.280]  Wait, where did she sue you for that in the JP court?
[11:41.280 --> 11:44.280]  Okay, not suing me yet, not suing me yet but she...
[11:44.280 --> 11:49.280]  But it's going to happen, believe me, it's going to happen but her basis is she took
[11:49.280 --> 11:50.280]  some things...
[11:50.280 --> 11:55.280]  I wrote a letter to the homeowners back in the fall, all the homeowners since we had
[11:55.280 --> 12:01.280]  an HOA board member meeting, an annual meeting come up where we're going to have to vote
[12:01.280 --> 12:06.280]  members in, I know that she was from seeing her in the past meetings that she's trying
[12:06.280 --> 12:14.280]  to get a position on the board and so I wanted to let the homeowners know what type of neighbor
[12:14.280 --> 12:18.280]  she is and how she is to live next door to and I didn't...
[12:18.280 --> 12:20.280]  Okay, hold on.
[12:20.280 --> 12:28.280]  In what you said, is what you said truthful and verifiable?
[12:28.280 --> 12:34.280]  Yes, everything is verifiable, there's only one thing in here that I said that I can
[12:34.280 --> 12:39.280]  probably not verify but they have not even focused on that so...
[12:39.280 --> 12:42.280]  Okay, what we need is Tina back on.
[12:42.280 --> 12:45.280]  That's a slap search.
[12:45.280 --> 12:48.280]  What do you mean a slap search?
[12:48.280 --> 12:49.280]  Slap search.
[12:49.280 --> 12:51.280]  A-P-P.
[12:51.280 --> 13:00.280]  If you've made statements that are true and verifiable and she has taken action against
[13:00.280 --> 13:06.280]  you for making those statements, that goes to a slap suit.
[13:06.280 --> 13:14.280]  Special suit to prevent someone else from interfering with your First Amendment right.
[13:14.280 --> 13:16.280]  Okay, good.
[13:16.280 --> 13:19.280]  That will get her attention.
[13:19.280 --> 13:21.280]  Okay, the best...
[13:21.280 --> 13:28.280]  It's always been my position that the best defense is a good effective offense.
[13:28.280 --> 13:34.280]  You know, when they come after me, I tell them, guys, you want to fight.
[13:34.280 --> 13:37.280]  I will give you one.
[13:37.280 --> 13:39.280]  So, she wants to fight.
[13:39.280 --> 13:48.280]  She is taking action against you for your exercise of your First Amendment right.
[13:48.280 --> 13:52.280]  God will not even believe what all she's done to this...
[13:52.280 --> 13:54.280]  Okay, hold on.
[13:54.280 --> 14:06.280]  First thing you need to do, your problem is you're too deep inside the situation.
[14:06.280 --> 14:14.280]  I defended myself in Cherokee County against an absolutely ludicrous accusation.
[14:14.280 --> 14:20.280]  I filed criminal charges with the grand jury against the judge, and because I presented
[14:20.280 --> 14:27.280]  myself as an investigative journalist, he charged me with operating and investigating
[14:27.280 --> 14:29.280]  business without a license.
[14:29.280 --> 14:37.280]  Now, the only way you can be charged with that is if you access restricted computers based
[14:37.280 --> 14:40.280]  on the claim of being a private investigator.
[14:40.280 --> 14:44.280]  I didn't do any of that, but I'm a pretty smart guy.
[14:44.280 --> 14:48.280]  I think I know the law, and I got my stuff together.
[14:48.280 --> 14:57.280]  So, I took him on pro se, and I got the jury to absolutely throw the book at me,
[14:57.280 --> 15:00.280]  because I was too deep in the conflict.
[15:00.280 --> 15:02.280]  You need somebody outside the conflict.
[15:02.280 --> 15:09.280]  So, the way you get this sorted out is the first thing you do is write a timeline.
[15:09.280 --> 15:10.280]  Okay.
[15:10.280 --> 15:17.280]  Not a statement of facts, because if you start writing a statement of facts,
[15:17.280 --> 15:23.280]  you'll move from a statement of facts into argument and support.
[15:23.280 --> 15:27.280]  And you'll say, he did this, and that was wrong.
[15:27.280 --> 15:29.280]  He should have done this, and blah, blah, blah, blah, blah.
[15:29.280 --> 15:31.280]  And then he did this, and blah, blah, blah, blah.
[15:31.280 --> 15:33.280]  That's not helpful.
[15:33.280 --> 15:34.280]  A timeline.
[15:34.280 --> 15:35.280]  Okay.
[15:35.280 --> 15:39.280]  So, on this day she moved in, on this day this happened, on this day this happened,
[15:39.280 --> 15:41.280]  this day just walked down.
[15:41.280 --> 15:45.280]  This is a memnonic device.
[15:45.280 --> 15:53.280]  This is to help you organize everything that happened in the chronological order
[15:53.280 --> 15:55.280]  in which it happened.
[15:55.280 --> 16:01.280]  When you bring that to someone like me or Brett, we're going to go down that timeline,
[16:01.280 --> 16:04.280]  and we're going to say, whoa, hold on.
[16:04.280 --> 16:06.280]  This happened here, this happened here.
[16:06.280 --> 16:09.280]  There should have been something in between.
[16:09.280 --> 16:15.280]  You're looking at it from the perspective of what this person has done to you.
[16:15.280 --> 16:19.280]  A third party will look at it from felt.
[16:19.280 --> 16:20.280]  Yeah.
[16:20.280 --> 16:21.280]  Exactly.
[16:21.280 --> 16:25.280]  That's the biggest deal, how it felt.
[16:25.280 --> 16:29.280]  And that's what gets you in trouble.
[16:29.280 --> 16:33.280]  You need someone who doesn't have a dog in the hunt.
[16:33.280 --> 16:38.280]  And someone who has some knowledge, like if you took this to a lawyer,
[16:38.280 --> 16:40.280]  then you take them a timeline.
[16:40.280 --> 16:48.280]  I can't go with, because I'm on the side, you know, $500 an hour or $25 an hour.
[16:48.280 --> 16:49.280]  Oh, that's okay.
[16:49.280 --> 16:51.280]  We can fix that.
[16:51.280 --> 16:52.280]  Hang on.
[16:52.280 --> 16:54.280]  We'll be right back.
[16:54.280 --> 17:04.280]  Okay.
[17:24.280 --> 17:26.280]  How to answer letters and phone calls.
[17:26.280 --> 17:29.280]  How to get debt collectors out of your credit reports.
[17:29.280 --> 17:33.280]  How to turn the financial tables on them and make them pay you to go away.
[17:33.280 --> 17:38.280]  The Michael Meiris proven method is the solution for how to stop debt collectors.
[17:38.280 --> 17:40.280]  Personal consultation is available as well.
[17:40.280 --> 17:46.280]  For more information, please visit ruleoflawradio.com and click on the blue Michael Meiris banner,
[17:46.280 --> 17:49.280]  or email Michael Meiris at yahoo.com.
[17:49.280 --> 17:57.280]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[17:57.280 --> 18:00.280]  To learn how to stop debt collectors next.
[18:00.280 --> 18:04.280]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[18:04.280 --> 18:07.280]  In today's America, we live in an us against them society,
[18:07.280 --> 18:09.280]  and if we, the people, are ever going to have a free society,
[18:09.280 --> 18:12.280]  then we're going to have to stand and defend our own rights.
[18:12.280 --> 18:15.280]  Among those rights are the right to travel freely from place to place,
[18:15.280 --> 18:19.280]  the right to act in our own private capacity, and most importantly, the right to due process of law.
[18:19.280 --> 18:25.280]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[18:25.280 --> 18:28.280]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[18:28.280 --> 18:33.280]  has put together the most comprehensive teaching tool available that will help you understand what due process is,
[18:33.280 --> 18:35.280]  and how to hold courts to the rule of law.
[18:35.280 --> 18:39.280]  You can get your own copy of this invaluable material by going to ruleoflawradio.com
[18:39.280 --> 18:40.280]  and ordering your copy today.
[18:40.280 --> 18:43.280]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[18:43.280 --> 18:47.280]  The Law vs. the Lie, video and audio of the original 2009 seminar.
[18:47.280 --> 18:50.280]  Hundreds of research documents and other useful resource material.
[18:50.280 --> 18:54.280]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[18:54.280 --> 18:58.280]  Order your copy today, and together we can have free society we all want and deserve.
[18:58.280 --> 19:05.280]  You are listening to the Logos Radio Network.
[19:05.280 --> 19:08.280]  LogosRadioNetwork.com
[19:12.280 --> 19:14.280]  Well, don't let nothing get to you.
[19:14.280 --> 19:17.280]  Only the father can do it by you.
[19:17.280 --> 19:20.280]  So don't let bad mind people hurt you.
[19:20.280 --> 19:23.280]  Because they don't get behind you.
[19:23.280 --> 19:28.280]  You know what I mean? My friend and I'll object you to this.
[19:53.280 --> 19:55.280]  Okay, we are back.
[19:55.280 --> 19:58.280]  Randy Calvin, Brett Fountain, rule of law radio.
[19:58.280 --> 20:01.280]  Okay, now we start.
[20:01.280 --> 20:10.280]  What we do is we try to understand what lawyers and judges do.
[20:10.280 --> 20:20.280]  We try to figure out what are all the low-down, dirty, rotten tricks and traps they use
[20:20.280 --> 20:24.280]  to abuse and mistreat their clients.
[20:24.280 --> 20:27.280]  And then we turn it back on.
[20:27.280 --> 20:36.280]  So, first thing to do is go to the Texas Bar Association
[20:36.280 --> 20:42.280]  and find the place to file complaints against lawyers.
[20:42.280 --> 20:52.280]  And file a bar grievance against this lawyer telling the bar that this lawyer parts his hair on the left.
[20:52.280 --> 20:54.280]  If you can believe that.
[20:54.280 --> 20:58.280]  The dirty, rotten shyster, he should be disbarred.
[20:58.280 --> 20:59.280]  Right.
[20:59.280 --> 21:03.280]  Okay, maybe we want to be a little more specific than that.
[21:03.280 --> 21:07.280]  But the point is if I file a bar grievance against the lawyer
[21:07.280 --> 21:12.280]  and accuse him of parting his hair on the left and therefore he should be disbarred.
[21:12.280 --> 21:17.280]  I'm going to get a response back from the state bar that says we examine your accusation.
[21:17.280 --> 21:19.280]  Find it does not rise to level of misconduct.
[21:19.280 --> 21:27.280]  Or we examine your accusation and we consider it an inquiry.
[21:27.280 --> 21:29.280]  Will you address that, Brett?
[21:29.280 --> 21:32.280]  Brett is our bar grievance guru.
[21:32.280 --> 21:34.280]  All right.
[21:34.280 --> 21:37.280]  I don't know if I'm any such thing.
[21:37.280 --> 21:40.280]  I've done a bunch of them and I've seen how they changed their pattern.
[21:40.280 --> 21:48.280]  At one point they stopped sending me responses that says basically we've investigated ourselves and found no wrongdoing.
[21:48.280 --> 22:01.280]  And instead they started sending me some to say we've categorized your communication as being an inquiry as opposed to a complaint.
[22:01.280 --> 22:06.280]  They have a duty to categorize it first before it goes to the review board.
[22:06.280 --> 22:13.280]  So they're trying to get the lawyer accused to not get his cowbell wrong.
[22:13.280 --> 22:18.280]  You know, if you're a sniper sitting on the hill and you keep bringing that cowbell,
[22:18.280 --> 22:23.280]  well, they're trying to find another way to not get it to count against him.
[22:23.280 --> 22:29.280]  If they call it an inquiry, then it doesn't go into the same queue.
[22:29.280 --> 22:36.280]  At that point, then I began bar grieving the ones that were calling it an inquiry and they think we're doing that.
[22:36.280 --> 22:38.280]  Okay, hold on a second.
[22:38.280 --> 22:41.280]  Have you listened to our show before?
[22:41.280 --> 22:43.280]  No, I have not.
[22:43.280 --> 22:48.280]  But I need to tell you that that's not the answer so far as I have done some things over here.
[22:48.280 --> 22:51.280]  No, no, no, hold on, hold on, hold on.
[22:51.280 --> 22:54.280]  This is not our first rodeo.
[22:54.280 --> 22:58.280]  Let me tell you about bar grievances.
[22:58.280 --> 22:59.280]  Okay.
[22:59.280 --> 23:07.280]  If you file a bar grievance against a lawyer, the State Bar Association is going to get that grievance to go and throw it in the trash.
[23:07.280 --> 23:14.280]  They're going to send you some BS letter saying that we examined into your accusation by and does not rise to the level of misconduct
[23:14.280 --> 23:18.280]  or that we classified it as an inquiry, blah, blah, blah.
[23:18.280 --> 23:20.280]  We don't care.
[23:20.280 --> 23:33.280]  The reason we don't care is that there are approximately nine Arizona missions carriers in the country and they're all underwritten or Arizona missions underwriters.
[23:33.280 --> 23:39.280]  And they're all underwritten by Lloyds of London and they have the same requirements.
[23:39.280 --> 23:50.280]  If you are a lawyer and you have information that indicates that you could possibly be sued for an issue.
[23:50.280 --> 24:01.280]  If you do not give notice to your insurance carrier and you are subsequently sued for that issue, you're not covered.
[24:01.280 --> 24:03.280]  Right, right.
[24:03.280 --> 24:06.280]  So you got to tell on yourself.
[24:06.280 --> 24:10.280]  If you file a bar grievance with State Bar, they're going to throw it in the trash.
[24:10.280 --> 24:18.280]  And that is a good thing because the lawyer has errors in emissions policy.
[24:18.280 --> 24:25.280]  And that errors in emissions policy carrier has an agent.
[24:25.280 --> 24:35.280]  And it is that agent's job to avoid any claims and charge his client as much as possible.
[24:35.280 --> 24:46.280]  So if you get a, if you're a lawyer and you get a bar grievance, the agent, he doesn't care if it's valid or not.
[24:46.280 --> 24:55.280]  That puts a mark on your chart and gives him the opportunity to raise your premiums or cancel.
[24:55.280 --> 24:57.280]  Here's what happens.
[24:57.280 --> 25:06.280]  One bar grievance, your first year of practice, they cancel immediately, valid, invalid, they don't care.
[25:06.280 --> 25:10.280]  Two bar grievances, any one year of practice, they'll, they cancel.
[25:10.280 --> 25:13.280]  If you've been practicing 20 years, they cancel.
[25:13.280 --> 25:14.280]  Three, they'll cancel.
[25:14.280 --> 25:20.280]  You law firms malpractice insurance, valid, invalid, they don't care.
[25:20.280 --> 25:22.280]  The bar created this.
[25:22.280 --> 25:26.280]  The bar is a public relations agency for the lawyers.
[25:26.280 --> 25:29.280]  They will not discipline the lawyers.
[25:29.280 --> 25:32.280]  So the insurance carrier knows that.
[25:32.280 --> 25:36.280]  So the only way to gauge the level of risk is by the numbers.
[25:36.280 --> 25:45.280]  So bar group, errors in emissions for lawyers starts at between 15 and 25,000 a year.
[25:45.280 --> 25:47.280]  You get it canceled.
[25:47.280 --> 25:50.280]  It's going to be double that.
[25:50.280 --> 25:56.280]  And what, tell them what your experience is with bar grieving lawyers.
[25:56.280 --> 25:59.280]  Well, you mean the fact that they disappear?
[25:59.280 --> 26:01.280]  Yes.
[26:01.280 --> 26:08.280]  That's something that I think would be perfectly appropriate for your neighbor's lawyer is to just have him disappear.
[26:08.280 --> 26:09.280]  He's so ugly.
[26:09.280 --> 26:13.280]  He's been so hateful on these letters and making exact use of this.
[26:13.280 --> 26:22.280]  And also since during third by letter, I've been wanting to do a bar grievance, but I don't know exactly what the basis is or how I could do it, you know, so, because I've learned it.
[26:22.280 --> 26:24.280]  Okay.
[26:24.280 --> 26:25.280]  Wait a minute.
[26:25.280 --> 26:26.280]  Wait a minute.
[26:26.280 --> 26:27.280]  Wait a minute.
[26:27.280 --> 26:28.280]  I have to warn you.
[26:28.280 --> 26:34.280]  There is one problem with fighting bar grievances against lawyers.
[26:34.280 --> 26:42.280]  It can get to be way too much fun.
[26:42.280 --> 26:46.280]  That's what happened to Brett.
[26:46.280 --> 26:52.280]  Brett just went absolutely overboard.
[26:52.280 --> 26:56.280]  I'm happy about that, but I've been miserable for three years that she's moved in here.
[26:56.280 --> 26:58.280]  And I'm not, it's not my home anymore.
[26:58.280 --> 27:02.280]  I feel like she's invading me all the time, you know.
[27:02.280 --> 27:08.280]  Oh, you keep, we're going to suggest first thing you do is write a timeline.
[27:08.280 --> 27:09.280]  Okay.
[27:09.280 --> 27:10.280]  And then send it to me.
[27:10.280 --> 27:17.280]  I'll walk down it and then I will look at it from a totally different perspective than you do.
[27:17.280 --> 27:23.280]  And I'll come back and say, you know, you got this claim, this claim, this claim, this claim, this claim.
[27:23.280 --> 27:25.280]  And the first thing we're going to do is look at the lawyers.
[27:25.280 --> 27:27.280]  We start hammering the lawyers.
[27:27.280 --> 27:34.280]  When she can't get a lawyer to represent her, then she's going to try to do this stuff herself.
[27:34.280 --> 27:38.280]  That's when you land on her like a ton of bricks.
[27:38.280 --> 27:39.280]  Yeah.
[27:39.280 --> 27:40.280]  She's not a lawyer.
[27:40.280 --> 27:43.280]  She's not going to know how to do it right.
[27:43.280 --> 27:44.280]  No.
[27:44.280 --> 27:45.280]  And I don't either.
[27:45.280 --> 27:47.280]  I've already made some mistakes.
[27:47.280 --> 27:49.280]  I'll tell you what I've already done.
[27:49.280 --> 27:54.280]  I said I made some mistakes because I did actually get sued for her eventually.
[27:54.280 --> 27:58.280]  But she did, initially her attorney did not sue.
[27:58.280 --> 27:59.280]  He wasn't on her.
[27:59.280 --> 28:07.280]  She just went down to the J.P., wrote up the scribblest one page thing that actually is not even mostly true.
[28:07.280 --> 28:14.280]  Just, you know, she didn't like me because she didn't follow any of the rules, which is all lies, you know.
[28:14.280 --> 28:21.280]  And then, so I had up until around the first part of the month to respond.
[28:21.280 --> 28:31.280]  And so I did file, it took me two weeks, nine days to do multiple versions of the response letter that I've filed with them.
[28:31.280 --> 28:39.280]  And I answered the, you know, I filed an answer and it was 65 pages, but not my response wasn't that long, but I had a lot of evidence.
[28:39.280 --> 28:42.280]  And so, but I counter-claimed.
[28:42.280 --> 28:50.280]  And so, and I've already heard you when you're talking to another caller that probably I shouldn't have done that.
[28:50.280 --> 28:52.280]  So, I did counter-claimed.
[28:52.280 --> 28:55.280]  And then I said, because I didn't know still, program.
[28:55.280 --> 28:58.280]  No, no, no, wait, wait, wait, wait, hold on.
[28:58.280 --> 29:00.280]  You were sued by this woman?
[29:00.280 --> 29:03.280]  You absolutely should counter-claim.
[29:03.280 --> 29:04.280]  Yeah, that's good.
[29:04.280 --> 29:05.280]  Okay, good, good.
[29:05.280 --> 29:12.280]  In her case, I was worried about that when I heard you tell someone earlier that, I mean, that was because that was a district or a federal thing.
[29:12.280 --> 29:20.280]  But this one, okay, so then a few days later, I went and amended it because I wanted to make sure that she was clear on the cause of action,
[29:20.280 --> 29:26.280]  which, and now I'm finding out that cause of action might not be in the right word to use, but, but so I'm...
[29:26.280 --> 29:27.280]  Oh, wait, hold on.
[29:27.280 --> 29:31.280]  Absolutely, it's the right word to use. You're in a civil case.
[29:31.280 --> 29:39.280]  If you're in a criminal case, the cause of action is a statutory violation.
[29:39.280 --> 29:47.280]  In a civil case, when you're going to a civil case, you can't say, well, it was 31, Rascal did this, he did that, did the other.
[29:47.280 --> 29:49.280]  No, that's not how you do it.
[29:49.280 --> 30:00.280]  You find a cause of action, a defined cause of action, and each defined cause of action.
[30:00.280 --> 30:08.280]  Everyone knows that walking is great exercise, but you might not know that the way you walk could predict how long you're going to live.
[30:08.280 --> 30:14.280]  I'm Dr. Katherine Albrecht, and I'll be back to tell you more about walking prognostication in just a moment.
[30:14.280 --> 30:19.280]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:19.280 --> 30:24.280]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.280 --> 30:29.280]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.280 --> 30:32.280]  Privacy, it's worth hanging on to.
[30:32.280 --> 30:39.280]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:39.280 --> 30:43.280]  Start over with StartPage.
[30:43.280 --> 30:47.280]  New research shows how fast you walk could predict how long you're going to live.
[30:47.280 --> 30:55.280]  The Journal of the American Medical Association reports that older adults who walk one meter per second or faster live longer than expected.
[30:55.280 --> 31:00.280]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.280 --> 31:07.280]  A senior's age, gender, and walking speed were as good at predicting life expectancy as more traditional statistical measures.
[31:07.280 --> 31:10.280]  Generally speaking, faster walkers live longer.
[31:10.280 --> 31:16.280]  Measuring walking speed is quick and inexpensive. It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.280 --> 31:21.280]  Researchers say it could help doctors identify older patients who need special care.
[31:21.280 --> 31:41.280]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:52.280 --> 31:57.280]  Bring justice to my son, my uncle, my nephew, my son. Go to buildingwhats.org.
[31:57.280 --> 32:00.280]  Why it's health, why it matters, and what you can do.
[32:00.280 --> 32:05.280]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:05.280 --> 32:11.280]  Scripture Talk with Nana will begin Wednesday, January 8th, from 8 to 10 p.m. Central Time.
[32:11.280 --> 32:14.280]  Our goal is in accord with Matthew 516.
[32:14.280 --> 32:21.280]  Let your light so shine before men that they may see your good works and glorify your Father which is in heaven.
[32:21.280 --> 32:26.280]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.280 --> 32:34.280]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[32:34.280 --> 32:40.280]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[32:40.280 --> 32:47.280]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[32:47.280 --> 32:56.280]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th
[32:56.280 --> 33:00.280]  for an inspiring and motivating discussion of the Scriptures.
[33:00.280 --> 33:10.280]  Live Free Speech Radio LogosRadioNetwork.com
[33:31.280 --> 33:38.280]  Okay, we are back. Randy Caldbrook, Fountain Move on Radio.
[33:38.280 --> 33:40.280]  And we're talking to Jane in Texas.
[33:40.280 --> 33:44.280]  And Jane, I'm looking at your lawyer's website.
[33:44.280 --> 33:49.280]  And he's got a picture himself on the front of the website.
[33:49.280 --> 33:55.280]  His site says, trained by the big guys working for the little guys.
[33:55.280 --> 33:59.280]  That should tell you something.
[33:59.280 --> 34:09.280]  If he was trained by the big guys and he was one of the sharper knives in the drawer, he'd still be working for the big guys.
[34:09.280 --> 34:19.280]  But the guy's got a picture of himself in here with a knitted brow with his eyes clenched together and a big deep frown.
[34:19.280 --> 34:26.280]  He's wearing a tweed jacket, a check shirt, and a striped tie.
[34:26.280 --> 34:30.280]  Who dressed this guy?
[34:30.280 --> 34:36.280]  He's a really young guy, appointed in 2018 from Texas A&M.
[34:36.280 --> 34:38.280]  Is that the same guy? Is it Benjamin Sawyer?
[34:38.280 --> 34:40.280]  No, this is an old guy.
[34:40.280 --> 34:42.280]  Well, this is his boss.
[34:42.280 --> 34:47.280]  Yeah, this is the boss. And this guy is clearly not the sharpest knife in the drawer.
[34:47.280 --> 34:50.280]  He's got his picture on the front page of the website.
[34:50.280 --> 34:54.280]  Benjamin, he's got his own page, but yeah, Benjamin is a...
[34:54.280 --> 34:57.280]  That's what I'm telling you.
[34:57.280 --> 35:04.280]  Everything Benjamin does wrong, the guy on the front page gets in trouble for. That's your new rule.
[35:04.280 --> 35:06.280]  Okay, good.
[35:06.280 --> 35:15.280]  What we do is we use the same kind of tricks, traps, and dirty tricks that lawyers use.
[35:15.280 --> 35:17.280]  Why?
[35:17.280 --> 35:26.280]  One thing, once you understand your position, you do not live in a democracy.
[35:26.280 --> 35:29.280]  You live in a republic.
[35:29.280 --> 35:35.280]  It is a democratic republic, but it is a republic first.
[35:35.280 --> 35:43.280]  That means when you walk into the courthouse, you are the baddest motor scooter in the building.
[35:43.280 --> 35:53.280]  There's only one reason. You're not a judge, a prosecutor, a bailiff, a clerk. They're all public servants.
[35:53.280 --> 36:02.280]  You are the master of those servants. They forget that at their professional perils.
[36:02.280 --> 36:12.280]  Once you understand this and another rule, you can never expect to win your case simply because you have the law
[36:12.280 --> 36:15.280]  and the facts on your side.
[36:15.280 --> 36:22.280]  Yeah, I know what they told you in high school, and that's really nice, high-minded rhetoric.
[36:22.280 --> 36:31.280]  In a perfect world, all that stuff about all of our rights to the rule of law might actually apply.
[36:31.280 --> 36:40.280]  But if this were a perfect world, I know I wouldn't be here, and I'm not so sure about you, Jane.
[36:40.280 --> 36:47.280]  It's not a perfect world in the world we live in. It's not about the rule of law.
[36:47.280 --> 36:55.280]  Now I know our show is called Rule of Law, but Rule of Law is a tool we use to get to the politics.
[36:55.280 --> 37:01.280]  Everything's political, and all politics is local.
[37:01.280 --> 37:12.280]  And the one most politically powerful person in the room is the Republican citizen.
[37:12.280 --> 37:16.280]  Everybody answers to you.
[37:16.280 --> 37:24.280]  Once you understand that, when I first tell people that you cannot expect to win your case simply because you have the law and the facts on your side,
[37:24.280 --> 37:34.280]  to think so is naive. It is not that way now. Never has been that way so long as we've had human beings as judges.
[37:34.280 --> 37:39.280]  You could expect to win your case if you have the politics on your side.
[37:39.280 --> 37:47.280]  Now that sounds horrible when you first hear it, but once you take a step back and shift that gear,
[37:47.280 --> 37:57.280]  you only use the law to give to the politics. Where is the politics? Okay, you've got a nasty neighbor over here with attitude.
[37:57.280 --> 38:05.280]  And she's going to afford to hire all these lawyers to come over and harass and hammer you.
[38:05.280 --> 38:11.280]  The first thing you do is hammer her lawyers.
[38:11.280 --> 38:18.280]  On the break, I mentioned to Brett, we had a guy called in from Georgia, and he got a land patent on his property.
[38:18.280 --> 38:23.280]  And with a land patent, you're no longer subject to property taxes.
[38:23.280 --> 38:30.280]  But the tax assessor kept assessing the taxes and sold his property at a tax option.
[38:30.280 --> 38:35.280]  And he got a letter from a lawyer. The first thing he did is barge the lawyer.
[38:35.280 --> 38:41.280]  Then the next thing he got was a lawsuit from the person who bought the property.
[38:41.280 --> 38:46.280]  Going to repossess his property, but the lawsuit was filed pro se.
[38:46.280 --> 38:54.280]  And the guy was laughing because he barged with the lawyer and the lawyer hit the road.
[38:54.280 --> 39:01.280]  And the individual couldn't hire another lawyer who would touch him with a 10 foot pole because they didn't want to get barged with.
[39:01.280 --> 39:06.280]  Awesome. Awesome. That's what I want to do to her. I want to get to him too.
[39:06.280 --> 39:14.280]  That's the week under belly. And we got the same kind of things for judges and police officers.
[39:14.280 --> 39:20.280]  We use all the low down stinking rotten dirty tricks we can find.
[39:20.280 --> 39:23.280]  If they do. If they do.
[39:23.280 --> 39:25.280]  Turn them back on them.
[39:25.280 --> 39:30.280]  So first thing we need is a timeline.
[39:30.280 --> 39:37.280]  Okay. Now, when you say timeline, I have a big bar and I have multiple videos, but I'm video.
[39:37.280 --> 39:41.280]  I have probably 500 video clips of her bothering me.
[39:41.280 --> 39:45.280]  And I never had video cameras here before until she moved in.
[39:45.280 --> 39:51.280]  I had to get them, but I have multiple police reports.
[39:51.280 --> 39:55.280]  I have tons of documentation.
[39:55.280 --> 40:00.280]  It's going to be, I have it somewhat in order of the timeline.
[40:00.280 --> 40:07.280]  Okay. Let me make a suggestion on your documentation. Do you have it all in electronic format?
[40:07.280 --> 40:11.280]  No, not everything. Not that I'm, I don't think so. No.
[40:11.280 --> 40:13.280]  Oh yeah, I have all the videos.
[40:13.280 --> 40:19.280]  Most of it I believe is on electronic format, yes.
[40:19.280 --> 40:33.280]  Okay. What you don't, what I need you to do is go out into the street and flag down the first 10 year old you see and have them explain to you that this is the 21st century need everything electric.
[40:33.280 --> 40:35.280]  Okay.
[40:35.280 --> 40:45.280]  Okay. Take all your documents and name them and change the name on them, rename them that you have in electronic format.
[40:45.280 --> 41:00.280]  With your last name of space, the year in four digits dash the month in two digits dash the day in two digits, a space and then what the document is.
[41:00.280 --> 41:13.280]  Whenever I get a case that someone wants me to analyze, I spend half of my time organizing, renaming the documents that way.
[41:13.280 --> 41:19.280]  It takes me a while because I have to open each document and figure out what it is, but you already know what they are.
[41:19.280 --> 41:27.280]  So name them that way. When you drop them into a folder, that's the international date format.
[41:27.280 --> 41:33.280]  The documents will order themselves in the folder in chronological order.
[41:33.280 --> 41:34.280]  Okay.
[41:34.280 --> 41:47.280]  When you're in a circumstance, one of the biggest problems people tend to have is they deal with things emotionally and they tend to get things out of order.
[41:47.280 --> 42:03.280]  They reference them based on what is emotionally relevant at the moment and the time and the specific sequence in which they happen is not always specifically relevant.
[42:03.280 --> 42:08.280]  So if you name our documents this way, they'll order themselves in chronological order.
[42:08.280 --> 42:16.280]  And then someone like me or Brett can go down that timeline and all we want is this happen on this day.
[42:16.280 --> 42:18.280]  I file this letter on this day.
[42:18.280 --> 42:19.280]  I file this letter on this day.
[42:19.280 --> 42:24.280]  I see file this letter on this day and just don't explain it all.
[42:24.280 --> 42:26.280]  Just get a timeline down.
[42:26.280 --> 42:34.280]  Now we can look at it and we will be able to see, because we're looking at it from a different perspective than you are.
[42:34.280 --> 42:35.280]  Exactly.
[42:35.280 --> 42:36.280]  Exactly.
[42:36.280 --> 42:39.280]  And we will say, wait a minute, wait a minute, wait a minute.
[42:39.280 --> 42:41.280]  This happened, that happened.
[42:41.280 --> 42:43.280]  There should have been something in between.
[42:43.280 --> 42:45.280]  We start filling in the gaps.
[42:45.280 --> 42:49.280]  And even once you've built your timeline, then you go back and look at it again.
[42:49.280 --> 42:59.280]  And because you're not thinking of it in terms of all the good things or bad things that happened, but just when they, when they, what happened and when,
[42:59.280 --> 43:07.280]  that will, when you go back through it, it will trigger memories of stuff that went in between these.
[43:07.280 --> 43:14.280]  That when you tell the story, it doesn't appear to be important to the story, so you tend to live it out.
[43:14.280 --> 43:18.280]  And the more times you leave it out, the further back it gets in your memory.
[43:18.280 --> 43:20.280]  The timeline will help you bring it out.
[43:20.280 --> 43:27.280]  And then you can have me or Brett or a lawyer or some other knowledgeable pro say, go down it.
[43:27.280 --> 43:34.280]  And they're going down it based on a knowledge of underlying law.
[43:34.280 --> 43:39.280]  And they'll find stuff that you didn't even know to look for.
[43:39.280 --> 43:41.280]  That's the first step.
[43:41.280 --> 43:43.280]  We've got to do our homework.
[43:43.280 --> 43:45.280]  We set her up and blow her away.
[43:45.280 --> 43:49.280]  Hang on, Randy Kelton, Brett Felton, we'll have our radio.
[43:49.280 --> 43:52.280]  We'll be right back.
[43:52.280 --> 43:54.280]  Okay.
[44:00.280 --> 44:06.280]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[44:06.280 --> 44:11.280]  People feed their pets better than they feed themselves, and it's time we changed all that.
[44:11.280 --> 44:17.280]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[44:17.280 --> 44:25.280]  In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can provide the nutrients you need.
[44:25.280 --> 44:31.280]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
[44:31.280 --> 44:34.280]  We have come to trust young Jevity so much.
[44:34.280 --> 44:39.280]  We became a marketing distributor along with Alex Jones, Ben Fuchs, and many others.
[44:39.280 --> 44:47.280]  When you order from Logos Radio Network.com, your health will improve as you help support quality radio.
[44:47.280 --> 44:51.280]  As you realize the benefits of young Jevity, you may want to join us.
[44:51.280 --> 44:58.280]  As a distributor, you can experience improved health, help your friends and family, and increase your income.
[44:58.280 --> 45:00.280]  Order now.
[45:00.280 --> 45:03.280]  Are you the plaintiff or defendant in a lawsuit?
[45:03.280 --> 45:14.280]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand 4CD course that will show you how in 24 hours, step by step.
[45:14.280 --> 45:18.280]  If you have a lawyer, know what your lawyer should be doing.
[45:18.280 --> 45:22.280]  If you don't have a lawyer, know what you should do for yourself.
[45:22.280 --> 45:27.280]  Thousands have won with our step by step course, and now you can too.
[45:27.280 --> 45:33.280]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:33.280 --> 45:42.280]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:42.280 --> 45:51.280]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
[45:51.280 --> 46:01.280]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:21.280 --> 46:29.280]  Yeah, always, I must be careful what I'm wishing for.
[46:29.280 --> 46:34.280]  When I'm hungry, I like to know just what I'm fishing for.
[46:34.280 --> 46:40.280]  I ain't asking for much, I ain't trying to be no glutton.
[46:40.280 --> 46:45.280]  I'm just here making my living, pushing buttons.
[46:45.280 --> 47:01.280]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and Jane, we're spending a lot of time here because this is kind of a basic thing that we like to go over from time to time.
[47:01.280 --> 47:07.280]  You can never win your inspector, win your case simply because you have a law on the facts on your side.
[47:07.280 --> 47:15.280]  I agree, and that's what I'm afraid of because I'm totally afraid because I'm mended my...
[47:15.280 --> 47:24.280]  I need to tell you that I'm mended my original answer, and I'm hoping that that didn't negate my original answer, but...
[47:24.280 --> 47:26.280]  Okay, here's the deal.
[47:26.280 --> 47:36.280]  One caveat, when you do an amended pleading, the only thing that is before the court is what is in the amended pleading?
[47:36.280 --> 47:38.280]  No way, no way.
[47:38.280 --> 47:42.280]  All my evidence is in the original file, and the reason...
[47:42.280 --> 47:47.280]  Okay, you need to file another amended pleading.
[47:47.280 --> 47:52.280]  Anything you don't put in the amended is not before the court.
[47:52.280 --> 47:59.280]  Well, I mean, okay, what it said is petition for change case, and it was just for an amended...
[47:59.280 --> 48:09.280]  Is this it right now? Amended counterclaim. My original answer is 65 pages, all the evidence, everything, and what I just amended...
[48:09.280 --> 48:14.280]  Okay, hold on. What you need to do is file the...
[48:14.280 --> 48:26.280]  When you file the amended, you need to keep the original and adjust the original with what you're amending and file the whole thing.
[48:26.280 --> 48:32.280]  If you just file the stuff you amend, everything else is not before the court.
[48:32.280 --> 48:37.280]  That's what I was afraid of when I heard you talking to someone else earlier, but...
[48:37.280 --> 48:46.280]  So, I... So, what I did was just to clarify what I had already said in the original one by saying what the cause of actions were,
[48:46.280 --> 48:48.280]  intrusion of the pollutants being arrested.
[48:48.280 --> 48:54.280]  That's a problem... Okay, that is a problem that proceeds don't understand about amended pleading.
[48:54.280 --> 49:00.280]  You don't... You're not just adjusting the original, you're replacing the original.
[49:00.280 --> 49:03.280]  Well, I didn't know that, and now... So, I've really messed up.
[49:03.280 --> 49:11.280]  And so, this week... And so, that was on the... Okay, I first filed the answer on the 30th, and then I did the amended on the 3rd of this month.
[49:11.280 --> 49:17.280]  And then, just this week, I got a notice from the JP Court that they...
[49:17.280 --> 49:24.280]  The above case has been set for a P, Motion, Dismissed D, or whatever I'm supposed to build there for a discovery.
[49:24.280 --> 49:35.280]  Well, the same day, I got a letter from her attorney saying that a notice of apparent that if I did not amend my pleading,
[49:35.280 --> 49:44.280]  that, by the way, an example, the defendant has pleaded relief against plaintiffs based on harassment threats, financial distress, bullying, and intimidation.
[49:44.280 --> 49:48.280]  None of the foregoers are recognized as causes of action.
[49:48.280 --> 49:50.280]  Okay, hold on. Hold on. Hold on.
[49:50.280 --> 49:55.280]  Your... Did their attorney ask you to amend?
[49:55.280 --> 49:57.280]  Yes, sir. Yes, sir.
[49:57.280 --> 49:59.280]  Oh, wonderful.
[49:59.280 --> 50:10.280]  Yeah, I didn't say... If I don't amend my pleading, that he's asking the judge to dismiss my case.
[50:10.280 --> 50:11.280]  Well, good for him.
[50:11.280 --> 50:21.280]  That's good. So you go ahead and amend, and you get all that stuff back in there, all the stuff that needs to be in there, all your exhibits of evidence back in there.
[50:21.280 --> 50:27.280]  And meanwhile, he's getting bar-graved, and so is his loss.
[50:27.280 --> 50:34.280]  Okay, I was going to suggest you bar-grave this lawyer for partying his hair on the lift, but you can't do that.
[50:34.280 --> 50:35.280]  I don't want to do that.
[50:35.280 --> 50:36.280]  Oh.
[50:36.280 --> 50:40.280]  Because he parts his hair in the middle.
[50:40.280 --> 50:42.280]  Kind of amazing.
[50:42.280 --> 50:47.280]  He doesn't even do that good. Okay.
[50:47.280 --> 50:55.280]  Those are ad hominem attacks, and they're probably not appropriate, but they're fine.
[50:55.280 --> 51:03.280]  Who puts a picture on your website of somebody frowning?
[51:03.280 --> 51:08.280]  Well, I don't know, Randy. Is that his tough guy face? Is he going to be tough?
[51:08.280 --> 51:12.280]  A guy with a receding hairline is higher part in the middle.
[51:12.280 --> 51:20.280]  A tweed jacket, a checkered shirt, and a striped tie does not have a tough guy look.
[51:20.280 --> 51:23.280]  Okay.
[51:23.280 --> 51:30.280]  Every claim you make must be made in terms of a cause of action.
[51:30.280 --> 51:36.280]  Okay, right. And I screwed that up already, but I did two more things today, and that's the end of my story.
[51:36.280 --> 51:38.280]  Then you can talk about it.
[51:38.280 --> 51:44.280]  So, today I went and filed a motion for continuance, because my case is supposed to be coming up on the 7th, and I'm not ready for it.
[51:44.280 --> 51:50.280]  So, and I filed an affidavit of status today, and so that's all documents that I filed with the court.
[51:50.280 --> 51:52.280]  So, I'm just letting you know that. Okay?
[51:52.280 --> 51:58.280]  Okay. So, when is the hearing scheduled?
[51:58.280 --> 52:07.280]  It's scheduled unless he grants the motion of continuance for June 7th, which is, like, right around the corner.
[52:07.280 --> 52:11.280]  Okay. You're in soon enough. You need to be in seven days before.
[52:11.280 --> 52:17.280]  So, you're in enough to be able to get to continuance.
[52:17.280 --> 52:29.280]  You need to back up and look at cause of action. You need to get us a timeline quickly.
[52:29.280 --> 52:32.280]  I know. I know.
[52:32.280 --> 52:37.280]  And we'll go through it. You need to make all your claims in terms of cause of action.
[52:37.280 --> 52:44.280]  Do you have a copy of O'Connor's Rules of Civil Files?
[52:44.280 --> 52:46.280]  No, I do not.
[52:46.280 --> 52:56.280]  Go on eBay and do a search for O'Connor's. You want civil trials and causes of action.
[52:56.280 --> 52:58.280]  Okay.
[52:58.280 --> 53:06.280]  This is your short course in legal prosecution.
[53:06.280 --> 53:18.280]  You open the causes of action and on the front, inside of the front cover page, it lists all of the causes of action.
[53:18.280 --> 53:26.280]  And you go through those. Just from the names, you can pretty well figure out which ones apply.
[53:26.280 --> 53:35.280]  And then you go to that cause of action and it will tell you exactly how to create a claim under that cause of action.
[53:35.280 --> 53:42.280]  And get Texas Rules of Civil Trials.
[53:42.280 --> 53:49.280]  With those two documents, you can come into court looking like a lawyer.
[53:49.280 --> 54:02.280]  Now, I just got Texas Rules of Civil Procedure and Civil Trials for $9 off eBay.
[54:02.280 --> 54:08.280]  Well, I mean, I've got the PDF, I've downloaded it online, Texas Rules of Civil Procedure.
[54:08.280 --> 54:13.280]  No, no, no, no, no, no, no. O'Connor's Rules of Civil Trials.
[54:13.280 --> 54:17.280]  That is a litigation guide.
[54:17.280 --> 54:18.280]  Okay.
[54:18.280 --> 54:25.280]  That tells you how to file your original petition.
[54:25.280 --> 54:29.280]  It will tell you how to file a response to a petition.
[54:29.280 --> 54:33.280]  All the stuff that has to be in there, all the details.
[54:33.280 --> 54:36.280]  It will just walk you through the process.
[54:36.280 --> 54:40.280]  In law school, they don't teach people how to practice law.
[54:40.280 --> 54:45.280]  They teach people how to research and argue legal issues.
[54:45.280 --> 54:55.280]  When they get out of law school, generally they want to get picked up by a law firm and the law firm will teach them how law is actually done.
[54:55.280 --> 55:08.280]  When they get picked up by a law firm, then they try to get on as an AD assistant district attorney or they take a job with a municipality as a prosecutor.
[55:08.280 --> 55:16.280]  And the municipal judge will be a lawyer and he will show the attorney how to do his job.
[55:16.280 --> 55:21.280]  The litigation guide has all the stuff you need.
[55:21.280 --> 55:24.280]  It will show you how to practice law.
[55:24.280 --> 55:27.280]  That will be your Bible.
[55:27.280 --> 55:29.280]  Okay.
[55:29.280 --> 55:36.280]  It will have issues in there that you don't even know to ask questions about.
[55:36.280 --> 55:37.280]  Okay.
[55:37.280 --> 55:42.280]  So you go to, here you're doing a response and counterclaim.
[55:42.280 --> 55:49.280]  You go to that section, it will tell you exactly how to prepare your response and counterclaim.
[55:49.280 --> 55:57.280]  All the stuff that needs to be in there, how to write it, the case law in support, all the stuff you need is right there.
[55:57.280 --> 56:02.280]  You think lawyers really do all this research? Lawyers hate research.
[56:02.280 --> 56:04.280]  They don't make any money doing research.
[56:04.280 --> 56:10.280]  They all use, in Texas they all use O'Connor's litigation guides.
[56:10.280 --> 56:17.280]  So when you use O'Connor's to develop your documents, the judge will look at them and he'll think a lawyer did it.
[56:17.280 --> 56:18.280]  Okay.
[56:18.280 --> 56:28.280]  And 90% of your issues and questions and problems, the litigation guide will answer for you.
[56:28.280 --> 56:29.280]  Okay.
[56:29.280 --> 56:34.280]  So go on eBay, order them, it'll take three, four days to get it.
[56:34.280 --> 56:41.280]  Then you can start, then you'll call us and ask us really sophisticated questions.
[56:41.280 --> 56:42.280]  Okay.
[56:42.280 --> 56:48.280]  Can I still send you a timeline or send you what I've already, I mean, I don't see what everybody, what's on your screen.
[56:48.280 --> 56:49.280]  Okay.
[56:49.280 --> 56:54.280]  I'm going to tell you, timeline is a test.
[56:54.280 --> 57:03.280]  If you're unable to produce an effective timeline, we will not be able to help you.
[57:03.280 --> 57:07.280]  You will not be able to help you.
[57:07.280 --> 57:08.280]  Right.
[57:08.280 --> 57:09.280]  This is a test.
[57:09.280 --> 57:11.280]  This is hard.
[57:11.280 --> 57:15.280]  You'll be surprised how hard it is to produce a timeline.
[57:15.280 --> 57:21.280]  But if you're unable to produce that timeline, you are not going to be able to fight your issue.
[57:21.280 --> 57:22.280]  Oh my gosh.
[57:22.280 --> 57:23.280]  I have so much.
[57:23.280 --> 57:24.280]  So there's so much.
[57:24.280 --> 57:25.280]  There's so much.
[57:25.280 --> 57:30.280]  I don't know if people want, like, every time that she came over and asked me.
[57:30.280 --> 57:31.280]  Yes.
[57:31.280 --> 57:32.280]  Absolutely.
[57:32.280 --> 57:33.280]  Every time.
[57:33.280 --> 57:35.280]  I don't need a lot of detail.
[57:35.280 --> 57:36.280]  Just a quick thing.
[57:36.280 --> 57:37.280]  Something happened here.
[57:37.280 --> 57:38.280]  Something happened here.
[57:38.280 --> 57:42.280]  Don't give me a lot of explanations or argument and support.
[57:42.280 --> 57:44.280]  Just what happened.
[57:44.280 --> 57:45.280]  Okay.
[57:45.280 --> 57:52.280]  Like little bullet points with a date and time on it, or a date if it doesn't need a time,
[57:52.280 --> 57:57.280]  and a really simple short on-liner that says what it was.
[57:57.280 --> 57:59.280]  I had a woman contact me recently.
[57:59.280 --> 58:01.280]  She's in a divorce proceeding.
[58:01.280 --> 58:03.280]  She's been in it for a long time.
[58:03.280 --> 58:06.280]  I asked her for a timeline.
[58:06.280 --> 58:16.280]  And she finally decided that I was a narcissist because she had been in the fight too long.
[58:16.280 --> 58:22.280]  When you've been in the fight too long, it becomes about the fight and not about the outcome.
[58:22.280 --> 58:25.280]  And too much emotion attached to it.
[58:25.280 --> 58:33.280]  The timeline helps you step outside the emotion and go back to the basics.
[58:33.280 --> 58:36.280]  It's going to be hard.
[58:36.280 --> 58:38.280]  It's going to be harder than you think.
[58:38.280 --> 58:41.280]  If you can produce this timeline, we can help you win your case.
[58:41.280 --> 58:42.280]  Hang on.
[58:42.280 --> 58:50.280]  We'll be right back.
[58:50.280 --> 58:54.280]  Would you like to make more definite progress in your walk with God?
[58:54.280 --> 59:01.280]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.280 --> 59:06.280]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.280 --> 59:13.280]  It's an accurate translation, and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.280 --> 59:18.280]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.280 --> 59:28.280]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:28.280 --> 59:33.280]  Your free New Testament recovery version and Basic Elements of the Christian Life.
[59:33.280 --> 59:40.280]  Call Bibles for America toll-free at 888-551-0102.
[59:40.280 --> 59:44.280]  That's 888-551-0102.
[59:44.280 --> 59:49.280]  Or visit us online at bfa.org.
[59:49.280 --> 59:59.280]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:19.280 --> 01:00:41.280]  Bibles for America toll-free at 888-551-0102.
[01:00:41.280 --> 01:00:45.280]  Chapter by chapter, Basic Elements of the Christian Life.
[01:00:45.280 --> 01:00:59.280]  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, killing 10 and injuring 40.
[01:00:59.280 --> 01:01:00.280]  Today in History.
[01:01:00.280 --> 01:01:24.280]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp into taxes law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones, since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.280 --> 01:01:33.280]  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.
[01:01:33.280 --> 01:02:01.280]  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 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, Kymah Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.280 --> 01:02:12.280]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:12.280 --> 01:02:22.280]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.280 --> 01:02:38.280]  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.
[01:02:38.280 --> 01:02:53.280]  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.
[01:02:53.280 --> 01:03:08.280]  This is Rook Brody with the Lowdown for July 22, 2019.
[01:03:23.280 --> 01:03:51.280]  Okay, we are back. Randy Kelton, Brett Fountain, Leaves Law Radio and we're talking to Jane in Texas and we've got Ted, Danny and Scott.
[01:03:51.280 --> 01:03:54.280]  We're going to try to get to all of you so hang in there.
[01:03:54.280 --> 01:03:55.280]  Okay.
[01:03:55.280 --> 01:03:56.280]  Yes.
[01:03:56.280 --> 01:03:57.280]  Jane.
[01:03:57.280 --> 01:03:59.280]  I'm not going to keep you any longer.
[01:03:59.280 --> 01:04:05.280]  You have so much stuff going on. The first thing we have to do is get it organized.
[01:04:05.280 --> 01:04:06.280]  Uh-huh.
[01:04:06.280 --> 01:04:11.280]  Make us the timeline. Call back in next Friday.
[01:04:11.280 --> 01:04:17.280]  Oh my gosh, I only have a week to do the timeline. Oh my gosh.
[01:04:17.280 --> 01:04:19.280]  Oh my gosh, okay.
[01:04:19.280 --> 01:04:23.280]  And I'm telling you, it's going to be hard because...
[01:04:23.280 --> 01:04:31.280]  It's going to be no time to develop one over the three years, but can I have the, like, the incidences, like where she's come over and done this and that?
[01:04:31.280 --> 01:04:41.280]  Can I have those on one page in the timeline? I mean, I'm talking about those incidences. Can I have those on, like, on a page, like a page after a page, as far as the date?
[01:04:41.280 --> 01:04:45.280]  We need everything in chronological order.
[01:04:45.280 --> 01:04:46.280]  Exactly.
[01:04:46.280 --> 01:05:03.280]  It doesn't have to have all the details of what happened in any given incident. Well, that's not, all the details can be off on another page or something, but the timeline part is just a list of bullet points.
[01:05:03.280 --> 01:05:07.280]  The details are a statement of facts. We'll get to that later.
[01:05:07.280 --> 01:05:08.280]  Okay.
[01:05:08.280 --> 01:05:21.280]  We just need to know that something happened on this day. We've got a letter on this day. Don't tell us what the letter's all about. Just we've got a letter on this day. Maybe a title of what the letter is about, but no details.
[01:05:21.280 --> 01:05:39.280]  Just, we need a timeline that will allow us to look at how things occurred, and then we can ask your questions about what occurred between this date and this date, and that eliminates 90% of what's going on so we can get good, clear information.
[01:05:39.280 --> 01:05:45.280]  We will be looking for something that, things that you don't know to look for.
[01:05:45.280 --> 01:05:46.280]  Okay.
[01:05:46.280 --> 01:05:58.280]  So you don't know how to anticipate it. Just say this happened, and this happened, and this got a letter here, responded here, had a court date here. Just walk right down the line.
[01:05:58.280 --> 01:06:14.280]  Then after you finished it, go back, leave it two or three days, then go back to it, and you'll be surprised how much stuff pops out at you that went in between that you didn't remember the first time.
[01:06:14.280 --> 01:06:15.280]  Okay.
[01:06:15.280 --> 01:06:19.280]  So put every statement on a separate line.
[01:06:19.280 --> 01:06:24.280]  Okay, that's what I was going to ask you. I mean, on a separate line, but does that have to be a separate document? I mean, I can still...
[01:06:24.280 --> 01:06:26.280]  No, no, no, no, no, no. Everything in one document.
[01:06:26.280 --> 01:06:27.280]  Okay, good.
[01:06:27.280 --> 01:06:28.280]  Oh, okay.
[01:06:28.280 --> 01:06:30.280]  Oh, care of me.
[01:06:30.280 --> 01:06:31.280]  Okay.
[01:06:31.280 --> 01:06:40.280]  Just one long document, everything, just set numbering to them, and put this happened, and then a next line, this happened, next line, this happened.
[01:06:40.280 --> 01:06:55.280]  Now we have the times that everything occurred. Now we can go in there and look at it and say, this happened, that happened, there should have been two or three things in between, and we start asking about stuff that you didn't know to look for.
[01:06:55.280 --> 01:06:56.280]  Okay.
[01:06:56.280 --> 01:07:00.280]  And every time we do this, we find gems in there.
[01:07:00.280 --> 01:07:01.280]  Okay.
[01:07:01.280 --> 01:07:13.280]  Okay, get us that, then call us back. Email it to me at randy at ruleoflawradio.com, and then call in next week.
[01:07:13.280 --> 01:07:19.280]  Okay, sounds great. Thank you so much for your time, both of you, and have a good night. I appreciate all your help.
[01:07:19.280 --> 01:07:21.280]  Okay, thank you, Jane.
[01:07:21.280 --> 01:07:22.280]  Sorry, thanks.
[01:07:22.280 --> 01:07:32.280]  Now, okay, now we're going to, oh wait, we lost someone.
[01:07:32.280 --> 01:07:33.280]  Brett, who did we just see?
[01:07:33.280 --> 01:07:35.280]  Ted was going to be next.
[01:07:35.280 --> 01:07:43.280]  Ted, Ted, if you're there, are you dropped off? Can you call back?
[01:07:43.280 --> 01:07:44.280]  Okay, listen.
[01:07:44.280 --> 01:07:49.280]  Ted in Utah, he was going to be next up. He had been waiting a while.
[01:07:49.280 --> 01:07:58.280]  Okay, we're going to go to Danny in Tennessee. Hello, Danny. What do you have for us today?
[01:07:58.280 --> 01:08:04.280]  Well, just a few ideas and comments of some things that you talked about tonight and others.
[01:08:04.280 --> 01:08:22.280]  One was your thing about the court not having jurisdiction if it didn't take a rested person to magistrate before putting them in jail.
[01:08:22.280 --> 01:08:23.280]  Yes.
[01:08:23.280 --> 01:08:25.280]  This one?
[01:08:25.280 --> 01:08:33.280]  I suspect that this will be the same in every state.
[01:08:33.280 --> 01:08:40.280]  Okay, what about when you go to the grand jury directly? You don't have a magistrate there.
[01:08:40.280 --> 01:08:59.280]  Okay, what it says in Texas law, if I go directly to the grand jury, the grand jury can bring an indictment, but the person cannot, that indictment, I'm sorry, the grand jury can find a true bill.
[01:08:59.280 --> 01:09:11.280]  They can find probable cause. Then they come before the court and give notice of the finding of probable cause in the form of a true bill.
[01:09:11.280 --> 01:09:25.280]  And the clerk is required to make notes in the minutes of the court unless the person has not been arrested, in which case she's forbidden to put notes in the minutes of the court.
[01:09:25.280 --> 01:09:36.280]  And what that's telling me is that what it says is that she cannot initiate a prosecution based on indictment alone.
[01:09:36.280 --> 01:09:40.280]  She must issue a capious warrant.
[01:09:40.280 --> 01:09:53.280]  And when the person is arrested, then she can enter the notations in the minutes of the court and the true bill becomes an indictment.
[01:09:53.280 --> 01:10:17.280]  But when the person is arrested, 14.02, in this case it would be 15.16, arrest on a warrant, the officer is directed to take the person directly to the nearest magistrate, and the magistrate is to hold an examining trial and make a determination of probable cause.
[01:10:17.280 --> 01:10:32.280]  And then issue an order under 16.17, and then put that order along with all the documents had in the hearing in an envelope because it's named to be written across the seal of the envelope and forwarded to the clerk of the court of jurisdiction.
[01:10:32.280 --> 01:10:47.280]  If the judge finds no probable cause, when the court of jurisdiction gets that order and the order says no probable cause, the court cannot initiate a prosecution.
[01:10:47.280 --> 01:10:52.280]  If they find probable cause, then the court can initiate a prosecution.
[01:10:52.280 --> 01:11:05.280]  So the only way the court can get subject matter jurisdiction is with a finding of probable cause. That's why they call it a cause.
[01:11:05.280 --> 01:11:10.280]  It's going to be the same in Tennessee.
[01:11:10.280 --> 01:11:34.280]  It is pretty good, but earlier you were talking about the preliminary hearing being like the probable cause hearing. No, you have the magistrates hearing soon after arrest, but not before they put you in jail, but they pretty much do it within 48 hours.
[01:11:34.280 --> 01:11:36.280]  Okay, let me address that.
[01:11:36.280 --> 01:11:55.280]  What the federal case law says is that if they get you to a magistrate within 48 hours, the presumption is that the taking is timely.
[01:11:55.280 --> 01:12:10.280]  That doesn't, that's not a prescription. That merely goes to prima facia. If they get you there within 48 hours on the face of it, the taking is timely.
[01:12:10.280 --> 01:12:22.280]  Unless it's challenged, in which case the arresting officer will have to show cause for the 48 hour delay.
[01:12:22.280 --> 01:12:38.280]  And so if they get you before 48 hours, then the accused, the defendant, will have to show cause as to why the taking was not timely.
[01:12:38.280 --> 01:13:05.280]  It only goes to prima facia. The only defense against, as is Robert's v. Vohek, federal case, an officer's only defense against an allegation of false imprisonment for failure to timely take before a magistrate is a showing of due diligence in effort to locate a magistrate.
[01:13:05.280 --> 01:13:11.280]  So this 48 hour thing only goes to prima facia.
[01:13:11.280 --> 01:13:23.280]  Well, yeah. And the case that I read is like they were saying beyond 48 hours, it's just per se.
[01:13:23.280 --> 01:13:39.280]  Yeah, prima facia. On the face of it, if it's over 48 hours, on the face of it, it's wrongful. And the officer has to show, he has to show cause for the delay. Fire, flood, national emergency.
[01:13:39.280 --> 01:13:54.280]  If it's under 40 magistrate, he wasn't available. I went to that other magistrate. Well, he apparently had passed away. I went to this other magistrate and then he can do diligence.
[01:13:54.280 --> 01:14:10.280]  So it's about who has to support the claim. Before 48 hours, the accused has to show why it was not timely. After 48 hours, the officer must show cause for the extra delay.
[01:14:10.280 --> 01:14:12.280]  Does that make sense, Danny?
[01:14:12.280 --> 01:14:27.280]  Well, yeah, but that doesn't seem to fit what I read cause what you did from the Supreme Court was more like it was just to per se violation beyond 48 hours. No matter what good intentions, everything they did.
[01:14:27.280 --> 01:14:38.280]  But they've taken the 48 hours to be that they get them there within the 48 hours, then there is not a violation. But that's not what it says.
[01:14:38.280 --> 01:14:51.280]  And there's a Tennessee case I come across where they actually said that, you know, it could be, you know, unless the 48 hours could be, and that's my point cause they're not looking for a magistrate.
[01:14:51.280 --> 01:14:55.280]  They just drop someone off in jail and hold them there until it's convenient.
[01:14:55.280 --> 01:15:20.280]  Well, if there's a major flood or there's a huge forest fire or some other kind of disaster and the officer is occupied with dealing with a disaster, then he's justified in taking the person to jail and dealing with the disaster and then come back and take the person to a magistrate.
[01:15:20.280 --> 01:15:31.280]  It all goes to objective reasonableness. While the preliminary hearing is important, saving people's lives is more important.
[01:15:31.280 --> 01:15:37.280]  So, but the officer will have to show cause.
[01:15:37.280 --> 01:15:48.280]  Okay, the preliminary hearing is not the 48 hours. The preliminary hearing is set up and it could be a couple of months afterwards.
[01:15:48.280 --> 01:15:54.280]  Okay, here we're getting into specific definitions that are different for different states.
[01:15:54.280 --> 01:16:04.280]  Well, yeah, it could be, but I don't know that they have exactly a name for it, but you are required to be taken for a magistrate before being imprisoned.
[01:16:04.280 --> 01:16:21.280]  Yes, in Tennessee, the local jurisdictions can employ magistrates for the singular purpose of preliminary hearings.
[01:16:21.280 --> 01:16:36.280]  I know when I was in Clark School, they had three different magistrates that their only job was when someone was arrested, they went down to the jail and they were there to perform a preliminary hearing.
[01:16:36.280 --> 01:16:40.280]  That's all they did.
[01:16:40.280 --> 01:16:55.280]  Okay, hang on. About to go to our sponsors, Randy Kelton, Brett Fountain, Rula La Radio. Let's see, we've got three segments left. Where's the time?
[01:16:55.280 --> 01:17:00.280]  Oh, 11-16. Three segments left, so I'm not going to go out the calling number. Hang on, we'll be right back.
[01:17:00.280 --> 01:17:05.280]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:17:05.280 --> 01:17:14.280]  Stop debt collectors now with the Michael Mirris Proven Method. Michael Mirris has won six cases in federal court against debt collectors, and now you can win two.
[01:17:14.280 --> 01:17:26.280]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statute, what to do when contacted by phone, mail, or court summons, how to answer letters and phone calls,
[01:17:26.280 --> 01:17:33.280]  how to get debt collectors out of your credit report, how to turn the financial tables on them and make them pay you to go away.
[01:17:33.280 --> 01:17:40.280]  The Michael Mirris Proven Method is the solution for how to stop debt collectors. Personal consultation is available as well.
[01:17:40.280 --> 01:17:49.280]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner or email Michael Mirris at yahoo.com.
[01:17:49.280 --> 01:17:59.280]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:17:59.280 --> 01:18:04.280]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.280 --> 01:18:08.280]  I'm so addicted to the truth now that there's no going back. I need my truth pick.
[01:18:08.280 --> 01:18:13.280]  I'd be lost without logos, and I really want to help keep this network on the air.
[01:18:13.280 --> 01:18:20.280]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't have any money to give because I spent it all on supplements.
[01:18:20.280 --> 01:18:21.280]  How can I help logos?
[01:18:21.280 --> 01:18:23.280]  Well, I'm glad you asked.
[01:18:23.280 --> 01:18:29.280]  Whenever you order anything from Amazon, you can help logos with ordering your supplies or holiday gifts.
[01:18:29.280 --> 01:18:31.280]  First thing you do is clear your cookies.
[01:18:31.280 --> 01:18:34.280]  Now, go to logosregualnetwork.com.
[01:18:34.280 --> 01:18:37.280]  Click on the Amazon logo and bookmark it.
[01:18:37.280 --> 01:18:43.280]  Now, when you order anything from Amazon, you use that link and logos gets a few pesos.
[01:18:43.280 --> 01:18:44.280]  Do I pay extra?
[01:18:44.280 --> 01:18:45.280]  No.
[01:18:45.280 --> 01:18:47.280]  Do I have to do anything different when I order?
[01:18:47.280 --> 01:18:48.280]  No.
[01:18:48.280 --> 01:18:49.280]  Can I use my Amazon Prime?
[01:18:49.280 --> 01:18:50.280]  No.
[01:18:50.280 --> 01:18:51.280]  I mean, yes.
[01:18:51.280 --> 01:18:54.280]  No giving without doing anything or spending any money.
[01:18:54.280 --> 01:18:55.280]  This is perfect.
[01:18:55.280 --> 01:18:56.280]  Thank you so much.
[01:18:56.280 --> 01:18:58.280]  We are logos.
[01:18:58.280 --> 01:19:00.280]  Happy holidays, logos.
[01:19:00.280 --> 01:19:10.280]  This is the Logos Radio Network Network.
[01:19:10.280 --> 01:19:36.280]  All come on.
[01:19:36.280 --> 01:20:02.280]  Okay, we are back.
[01:20:02.280 --> 01:20:10.280]  Randy Kelton, Brett Fountain, Logo Radio on this Friday, the 28th day of May, 2021.
[01:20:10.280 --> 01:20:13.280]  And we're talking to Danny in Tennessee.
[01:20:13.280 --> 01:20:18.280]  Okay, primary hearing is a federal requirement.
[01:20:18.280 --> 01:20:28.280]  The problem we're having, I think, here is each state can name these things any way they want to.
[01:20:28.280 --> 01:20:38.280]  But every state is required to have an initial hearing for the purpose of determining probable cause.
[01:20:38.280 --> 01:20:48.280]  So, Danny, do they have a different name for this in Tennessee?
[01:20:48.280 --> 01:20:50.280]  Well, I'm not sure of a name for it.
[01:20:50.280 --> 01:20:52.280]  It is a requirement for it.
[01:20:52.280 --> 01:21:05.280]  Primary hearing is a separate thing later on to develop some evidence and things, and you can question witnesses and things like that.
[01:21:05.280 --> 01:21:08.280]  You can do all that in the examining trial.
[01:21:08.280 --> 01:21:10.280]  Well, yeah.
[01:21:10.280 --> 01:21:14.280]  They just don't have the witnesses there.
[01:21:14.280 --> 01:21:25.280]  You're in jail, and they do a video deal and have the judge off wherever his place is and talk to you.
[01:21:25.280 --> 01:21:27.280]  Okay, look this up.
[01:21:27.280 --> 01:21:32.280]  And this is one of my key areas of research.
[01:21:32.280 --> 01:21:34.280]  When they arrested me, they took me to jail.
[01:21:34.280 --> 01:21:36.280]  It's been all night in jail.
[01:21:36.280 --> 01:21:39.280]  The next morning they brought me before this.
[01:21:39.280 --> 01:21:45.280]  They called it a magistrate, but I'm just calling it a supposed judicial officer.
[01:21:45.280 --> 01:21:54.280]  And that judicial officer notified me of a bond amount, or I'm sorry, a bail amount.
[01:21:54.280 --> 01:22:07.280]  But the officer didn't examine into the sufficiency of the allegation, so it could not have been an examining trial.
[01:22:07.280 --> 01:22:09.280]  And they called that a magistration.
[01:22:09.280 --> 01:22:14.280]  And I'm sure what you're talking about, Danny, is exactly the same thing.
[01:22:14.280 --> 01:22:32.280]  This magistrate tells the accused what the bail amount is, and tells them to reach them the rights, have a right to counsel, and all this, blah, blah, right to remain silent, blah, blah, blah.
[01:22:32.280 --> 01:22:43.280]  But the magistrate or whoever that entity was did not hold a hearing to determine bail.
[01:22:43.280 --> 01:22:51.280]  Bail was already set, and probable cause was already determined.
[01:22:51.280 --> 01:22:55.280]  So who did that?
[01:22:55.280 --> 01:23:05.280]  Who made that inquiry into the sufficiency of the allegation?
[01:23:05.280 --> 01:23:07.280]  That's the problem they have.
[01:23:07.280 --> 01:23:19.280]  They're doing this magistration thing, and in Texas law, if a person is arrested for an on-site offense out of county,
[01:23:19.280 --> 01:23:27.280]  let's say the officer observes someone who violated a law, and they're close to the county line,
[01:23:27.280 --> 01:23:39.280]  and before the officer can get the person pulled over, he's outside of county and outside of their 200-foot extra-jurisditional territory.
[01:23:39.280 --> 01:23:41.280]  And he arrests the person.
[01:23:41.280 --> 01:23:43.280]  He's required to take him before the nearest magistrate.
[01:23:43.280 --> 01:23:53.280]  Well, if that nearest magistrate is not in the same county in which the alleged crime occurred, the magistrate can hold an examining trial,
[01:23:53.280 --> 01:24:00.280]  or the magistrate can just give the person statutory warnings.
[01:24:00.280 --> 01:24:13.280]  And once the person is transported back to the county of original jurisdiction, the person has a right to a preliminary hearing in the county where the infraction occurred.
[01:24:13.280 --> 01:24:21.280]  So outside county, the judge can just give them the statutory warnings and not hold an examining trial.
[01:24:21.280 --> 01:24:24.280]  And that's what they're calling a magistration.
[01:24:24.280 --> 01:24:31.280]  When they get back in county, then it should be a proper examining trial.
[01:24:31.280 --> 01:24:40.280]  So the courts, the jurisdictions are claiming that this magistration thing applies to everything.
[01:24:40.280 --> 01:24:48.280]  I was arrested, taken to jail, brought before the magistrate the next morning, and she did this magistration thing.
[01:24:48.280 --> 01:24:52.280]  Well, I wasn't arrested out of county.
[01:24:52.280 --> 01:25:01.280]  I was arrested in the county where the alleged fraction occurred, so this magistration thing did not apply.
[01:25:01.280 --> 01:25:06.280]  But it seems they're doing it all over the country.
[01:25:06.280 --> 01:25:07.280]  That makes sense.
[01:25:07.280 --> 01:25:08.280]  The problem with that.
[01:25:08.280 --> 01:25:12.280]  Yeah.
[01:25:12.280 --> 01:25:25.280]  Okay, so talking about doing some things, complaints about lack of training or incomplete training, I've had some ideas about that too, and for a while.
[01:25:25.280 --> 01:25:38.280]  And for various failures, do a non-complaint, but whatever it is, a professional conduct complaint kind of thing.
[01:25:38.280 --> 01:25:52.280]  Against the officer himself, but since he really wasn't trained properly and the Academy won't really give details of the training that they do get,
[01:25:52.280 --> 01:25:59.280]  then a complaint against every instructor at the Academy.
[01:25:59.280 --> 01:26:07.280]  Plus, there's a lawyer from the Attorney General's office attached to it and named in the website, being with it.
[01:26:07.280 --> 01:26:19.280]  So a complaint against him for failing to properly advise them of the need to do these things.
[01:26:19.280 --> 01:26:22.280]  Okay, wait a minute, Danny.
[01:26:22.280 --> 01:26:23.280]  Yeah.
[01:26:23.280 --> 01:26:50.280]  It can hardly be construed that these public officials charged with this specific duty to train policemen in statutory and constitutional requirements can be training people to do things that are not in keeping with the statutory requirements.
[01:26:50.280 --> 01:26:53.280]  You can't be consumed.
[01:26:53.280 --> 01:26:56.280]  You can't be consumed, that's by accident.
[01:26:56.280 --> 01:26:59.280]  That's intentional.
[01:26:59.280 --> 01:27:01.280]  Yeah.
[01:27:01.280 --> 01:27:07.280]  So what crime is that?
[01:27:07.280 --> 01:27:09.280]  I called it RICO.
[01:27:09.280 --> 01:27:12.280]  Oh, yeah, yeah, I did that pretty well.
[01:27:12.280 --> 01:27:21.280]  Yes, it's the Texas RICO statute is the street gang statutes, Chapter 71 code or penal code.
[01:27:21.280 --> 01:27:31.280]  So IQ is the Texas criminal justice system of being a street gang.
[01:27:31.280 --> 01:27:52.280]  All of these actors are acting in concert and collusion with one another in order to facilitate policemen acting in accordance with practices and procedures that are in violation of state law and have the effect of denying citizens full free access to enjoyment right.
[01:27:52.280 --> 01:27:54.280]  That goes to a street gang.
[01:27:54.280 --> 01:28:02.280]  It goes to RICO in the Fed, but first I want to sue them in the state and Tennessee has to have some similar statute.
[01:28:02.280 --> 01:28:06.280]  Yeah, it does.
[01:28:06.280 --> 01:28:07.280]  What is the statute?
[01:28:07.280 --> 01:28:08.280]  Do you know what it is?
[01:28:08.280 --> 01:28:12.280]  I went off top of my head a while ago and looked at it.
[01:28:12.280 --> 01:28:16.280]  So they have an organized crime statute.
[01:28:16.280 --> 01:28:25.280]  Yeah, I've been saying the way the city police and the sheriff are involved in traffic stuff.
[01:28:25.280 --> 01:28:38.280]  Most of it is like a RICO operation and the county clerk in doing the registrations of the car as well.
[01:28:38.280 --> 01:28:52.280]  Because a lot of the people registering your cars and things don't realize they're not really a vehicle according to the legal definition of vehicle.
[01:28:52.280 --> 01:28:53.280]  They're not using it as a vehicle.
[01:28:53.280 --> 01:28:57.280]  There is no need for them to register it as a vehicle.
[01:28:57.280 --> 01:29:00.280]  Yeah, but they can if they want to.
[01:29:00.280 --> 01:29:01.280]  Yeah, if they want to.
[01:29:01.280 --> 01:29:08.280]  That way I've got this vehicle, I can use it. I can be a chauffeur if I want to be paid.
[01:29:08.280 --> 01:29:20.280]  But that doesn't mean that just because I'm using this vehicle that can be used in commerce, that doesn't mean that I am.
[01:29:20.280 --> 01:29:21.280]  Right.
[01:29:21.280 --> 01:29:46.280]  I had the case law in Tennessee and got it from Mardishe and I hadn't been able to find it where the court said that state had a vested interest in the safety of the highways and toward that purpose they could license individuals for the singular purpose of ensuring knowledge of the rules of the road and confidence in operating the vehicle.
[01:29:46.280 --> 01:29:55.280]  But that did not necessarily mean they were acting in commerce. Hang on Randy Kelton, Brett Fountain, we'll be right back.
[01:30:01.280 --> 01:30:11.280]  A top cybersecurity expert has a warning for America. If you build an electrical smart grid, the hackers will come and they could cause a catastrophic blackout.
[01:30:11.280 --> 01:30:16.280]  And Dr. Catherine Albrecht back with the shocking details in a moment.
[01:30:42.280 --> 01:30:52.280]  Goverments love power so it's only natural they'd want to control the power going into your home too with a smart grid.
[01:30:52.280 --> 01:30:59.280]  So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure.
[01:30:59.280 --> 01:31:14.280]  But cybersecurity expert David Chalk says not so fast if we make the national power grid controllable through the web, hackers will have a field day. Working remotely they could tap in and black out the entire nation, leaving us vulnerable to our enemies.
[01:31:14.280 --> 01:31:23.280]  I'd want to pose smart meters for privacy and health reasons, but catastrophic failures caused by hackers? There's nothing smart about that.
[01:31:23.280 --> 01:31:30.280]  Like Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:30.280 --> 01:31:36.280]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.280 --> 01:31:43.280]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.280 --> 01:31:49.280]  Over 6,000 of my fellow service members have given their lives and thousands of my fellow first responders are dying.
[01:31:49.280 --> 01:31:58.280]  I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correctional. I'm an Air Force pilot. I'm a father who lost his son. We're Americans and we deserve the truth.
[01:31:58.280 --> 01:32:20.280]  Go to RememberBuilding7.org today.
[01:32:28.280 --> 01:32:37.280]  This video is sponsored by the Texas Transportation Code, the law versus the lie. Video and audio of the original 2009 seminar.
[01:32:37.280 --> 01:32:48.280]  Hundreds of research documents and further useful resource material. Learn how to fight for your rights with the help of this material from RuleofLawRadio.com.
[01:32:48.280 --> 01:32:59.280]  Order your coffee today and together we can have free society we all want and deserve.
[01:33:18.280 --> 01:33:33.280]  This video is sponsored by the Texas Transportation Code, the law versus the lie. Video and audio of the original 2009 seminar.
[01:33:33.280 --> 01:33:48.280]  This video is sponsored by the Texas Transportation Code, the law versus the lie. Video and audio of the original 2009 seminar.
[01:33:48.280 --> 01:34:01.280]  Okay, we are back. Randy Kelton, Brett Fountain, RuleofLawRadio and we're talking to Danny in Tennessee. Okay, where were we Danny?
[01:34:01.280 --> 01:34:09.280]  Well, I was just throwing complaints that everybody had anything to do with the police or whoever doing things improperly.
[01:34:09.280 --> 01:34:35.280]  Okay, I remember as I was talking about that case that said that the state could require a license for the singular purpose of determining the knowledge of the rules of the road and the ability to safely operate a vehicle.
[01:34:35.280 --> 01:34:47.280]  But that was all. It did not imply that they were necessarily operating in commerce or that they fell under the commercial transportation code.
[01:34:47.280 --> 01:34:54.280]  Yeah, the court case might have been that way, but it doesn't seem like the laws are constructed that way.
[01:34:54.280 --> 01:35:06.280]  Well, that's not the way they're enforced. And that's commonly the problem that they're not enforced the way the law is intended.
[01:35:06.280 --> 01:35:12.280]  They enforce the laws the way they want to and they're going to continue to do that until we start hammering them.
[01:35:12.280 --> 01:35:31.280]  Well, that's kind of what I'm saying that the way I read the way that it's set up is that the traffic codes apply to a vehicle where a vehicle has been defined in a way that it's an implement of commerce.
[01:35:31.280 --> 01:35:43.280]  And so it doesn't matter if you're actually using it. If you register it, you register it as a vehicle. That indicates that it is a vehicle. It doesn't have any...
[01:35:43.280 --> 01:35:44.280]  No, no, no, no.
[01:35:44.280 --> 01:35:45.280]  You're using it.
[01:35:45.280 --> 01:36:00.280]  That's not exactly true. That indicates that you have the right to use that as a vehicle. It does not necessarily mean that you are using it as a vehicle.
[01:36:00.280 --> 01:36:17.280]  If a truck driver drops off a load at a warehouse and he has to drive to another warehouse to get the next load, if he's not paid for the trip between the two warehouses, he is not in commerce.
[01:36:17.280 --> 01:36:21.280]  And that is not a vehicle he's driving.
[01:36:21.280 --> 01:36:36.280]  Well, by the way, I read the definition of vehicle. If it has permission to be used that way, which is the license to indicate that, then it is a vehicle.
[01:36:36.280 --> 01:36:40.280]  And if it's a vehicle, it's covered.
[01:36:40.280 --> 01:36:56.280]  The fact that it... Even if they call it a vehicle because it's licensed, that does not mean that it is operated in commerce. And the Highway Patrol knows this. They're real clear on this.
[01:36:56.280 --> 01:37:06.280]  If the operator is not being paid, he is not in commerce. He's not on the logbook.
[01:37:06.280 --> 01:37:12.280]  Well, that might be, but I haven't had trouble with the...
[01:37:12.280 --> 01:37:31.280]  What I'm saying is, the officers already know. They know if you're not using this in commerce, then the traffic law is going to apply. But they don't care because it's profitable to write tickets.
[01:37:31.280 --> 01:37:34.280]  Yeah.
[01:37:34.280 --> 01:37:41.280]  You know, deadheading, every police officer knows what deadheading is.
[01:37:41.280 --> 01:37:47.280]  Deadheading is when you're operating... When you're driving that truck and you're not being paid.
[01:37:47.280 --> 01:37:56.280]  When you're in between loads, you're deadheading. And when you're deadheading, you're not in commerce. They already know that.
[01:37:56.280 --> 01:38:02.280]  But when they get to ordinary individuals, they're always deadheading.
[01:38:02.280 --> 01:38:11.280]  But, you know, they feel like, you know, we need to enforce these traffic laws to keep people killing each other. And they'll say, okay, I got that.
[01:38:11.280 --> 01:38:25.280]  And if the legislature wants these traffic laws to apply to non-commercial drivers, they need to pass that into law. But they didn't.
[01:38:25.280 --> 01:38:38.280]  So it must be construed that they did not intend these laws to apply. And granted, enforcement is going to enforce anything they can get away with.
[01:38:38.280 --> 01:38:43.280]  We need to hammer them. Are you ready to take them on, Danny?
[01:38:43.280 --> 01:38:50.280]  Well, they rolled around my head for a while, just getting down to it.
[01:38:50.280 --> 01:38:57.280]  There's a lot of little things to throw in there. You know, also hitting the police chief for the same reasons.
[01:38:57.280 --> 01:39:01.280]  Hold on, Danny. I need to kind of move along. I've got another caller and I've only got a...
[01:39:01.280 --> 01:39:05.280]  Well, I can just tell you, it is done pretty quick if I'm going to just read them.
[01:39:05.280 --> 01:39:15.280]  And city attorneys, agreements from the city attorney for failing to advise them that they need to do these things.
[01:39:15.280 --> 01:39:27.280]  And the sheriff for failing to train his jaylers not to accept a prisoner from someone without a magistrate's commitment award.
[01:39:27.280 --> 01:39:31.280]  Exactly. Exactly.
[01:39:31.280 --> 01:39:38.280]  And that was... After 30 years of researching this, that's what it got down to.
[01:39:38.280 --> 01:39:46.280]  You can't hold this person without a magistrate's determination of probable cause.
[01:39:46.280 --> 01:39:50.280]  Yeah.
[01:39:50.280 --> 01:39:54.280]  Absent that, everything is false imprisonment.
[01:39:54.280 --> 01:40:03.280]  I'm building a brief for that now in my lawsuit. I never did get before a magistrate.
[01:40:03.280 --> 01:40:09.280]  But I was disappointed they dismissed it too soon because I was really looking forward to hammering the judge.
[01:40:09.280 --> 01:40:18.280]  And the bailiff. The bailiff I've known for 30 years, he was the chief of police of Decatur, Texas.
[01:40:18.280 --> 01:40:24.280]  And kind of a bit portly.
[01:40:24.280 --> 01:40:32.280]  And I wanted to get in court with him as the bailiff for the justice of the piece one because the constables act as the bailiff.
[01:40:32.280 --> 01:40:43.280]  And when the J.P. wouldn't let, told me it was, when she tells me to turn my phone off, I'm going to tell her I wanted to record the proceedings.
[01:40:43.280 --> 01:40:51.280]  And when she tells me I can't, I'm going to take out my dime and put it down in front of Rex and say, go ahead Rex, that's not very high.
[01:40:51.280 --> 01:40:53.280]  You can jump up on that.
[01:40:53.280 --> 01:40:57.280]  I want you to arrest the judge.
[01:40:57.280 --> 01:41:05.280]  And the no good Rotten County attorney dismissed my case before I got a chance to do that and ruined all my fun.
[01:41:05.280 --> 01:41:08.280]  Yeah.
[01:41:08.280 --> 01:41:15.280]  Okay, I do need to move ahead Danny or about one more caller and just two minutes in this segment.
[01:41:15.280 --> 01:41:17.280]  Okay, there you go.
[01:41:17.280 --> 01:41:24.280]  Thank you Danny. Okay, now we're going to Scott in Michigan. Scott, what do you have for us today?
[01:41:24.280 --> 01:41:26.280]  How's it going guys?
[01:41:26.280 --> 01:41:29.280]  Doing good for an old fat guy.
[01:41:29.280 --> 01:41:38.280]  You know, one of the disturbing things about what he was saying, I mean, he's looking at what the Supreme Court is saying about, you know, preliminary hearings or whatever.
[01:41:38.280 --> 01:41:54.280]  And, you know, when the Supreme Court speaks to that, they are speaking to statutory construction and not necessarily to what would be due process of law.
[01:41:54.280 --> 01:42:14.280]  I mean, when I'm not sure how you're making that distinction because generally when the cases I've read where the Supreme spoke to a preliminary hearing issues, they were speaking to due process, procedure due process.
[01:42:14.280 --> 01:42:27.280]  Well, maybe it's something like there was a distinction what he was saying, you know, what with all of the local statute and code, all those things that came out of the legislature.
[01:42:27.280 --> 01:42:35.280]  None of that stuff has been previously subjected to a test of constitutionality.
[01:42:35.280 --> 01:42:46.280]  You know, the local legislatures and city councils can choose whatever statutes and codes they want and they don't bother to run that pass any kind of constitutional test.
[01:42:46.280 --> 01:42:53.280]  They just stick whatever laws they want and it's for someone else to come later and say, hey, wait a minute, that's not constitutional.
[01:42:53.280 --> 01:42:55.280]  It doesn't get checked ahead of time.
[01:42:55.280 --> 01:42:58.280]  Exactly, that's our job.
[01:42:58.280 --> 01:42:59.280]  Right.
[01:42:59.280 --> 01:43:04.280]  We were given that authority and that responsibility.
[01:43:04.280 --> 01:43:07.280]  I found that mind-bottling when I figured that out though.
[01:43:07.280 --> 01:43:10.280]  I mean, I couldn't believe I heard a law professor saying that.
[01:43:10.280 --> 01:43:19.280]  You would think that when they pick the statutes and codes that they want to enact, you'd think they'd get a lawyer and run it past them and say, hey, you know, is this going to pass muster with the Constitution?
[01:43:19.280 --> 01:43:21.280]  Not even a lot.
[01:43:21.280 --> 01:43:23.280]  Same move, police procedure.
[01:43:23.280 --> 01:43:26.280]  All right, let me address that.
[01:43:26.280 --> 01:43:42.280]  Okay, they actually do that, they have their lawyers look at it and the lawyers say how this law can be interpreted and used so that it will not constitute a constitutional conflict.
[01:43:42.280 --> 01:43:54.280]  But when it gets out in the real world, the people will apply it or could apply it in a way that would create a constitutional conflict.
[01:43:54.280 --> 01:44:00.280]  And in that case, this is what de Martichet, Olivier, has taken.
[01:44:00.280 --> 01:44:06.280]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[01:44:06.280 --> 01:44:09.280]  People feed their pets better than they feed themselves.
[01:44:09.280 --> 01:44:11.280]  And it's time we changed all that.
[01:44:11.280 --> 01:44:17.280]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[01:44:17.280 --> 01:44:25.280]  In a world where natural foods have been irradiated, adulterated and mutilated, young Jevity can provide the nutrients you need.
[01:44:25.280 --> 01:44:31.280]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
[01:44:31.280 --> 01:44:39.280]  We have come to trust Jevity so much, we became a marketing distributor along with Alex Jones, Ben Fuchs and many others.
[01:44:39.280 --> 01:44:47.280]  When you order from LogosRadioNetwork.com, your health will improve as you help support quality radio.
[01:44:47.280 --> 01:44:51.280]  As you realize the benefits of Jevity, you may want to join us.
[01:44:51.280 --> 01:44:58.280]  As a distributor, you can experience improved health, help your friends and family and increase your income.
[01:44:58.280 --> 01:45:10.280]  Order now.
[01:45:28.280 --> 01:45:30.280]  Now you can too.
[01:45:30.280 --> 01:45:36.280]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[01:45:36.280 --> 01:45:45.280]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:45.280 --> 01:45:54.280]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics and much more.
[01:45:54.280 --> 01:46:03.280]  Please visit LulevLawRadio.com and click on the banner or call toll free 866-LAW-EZ.
[01:46:24.280 --> 01:46:41.280]  Okay, we are back.
[01:46:41.280 --> 01:46:45.280]  Randy Kelton, Brett Fountain, LulevLawRadio and we're talking Scott in Michigan.
[01:46:45.280 --> 01:46:54.280]  And these laws can be applied in a way that is constitutional.
[01:46:54.280 --> 01:47:11.280]  But if you have a law that two reasonable persons of ordinary prudence could interpret the law in different ways and one of those interpretations would lead to a constitutional conflict,
[01:47:11.280 --> 01:47:19.280]  then in that regard, the law is born for vagueness.
[01:47:19.280 --> 01:47:21.280]  Okay, I need to unmute you.
[01:47:21.280 --> 01:47:22.280]  Oh, you're unmuted.
[01:47:22.280 --> 01:47:23.280]  Okay.
[01:47:23.280 --> 01:47:26.280]  Okay, I guess we'll have to unpack that later.
[01:47:26.280 --> 01:47:35.280]  My thought is that when they pass a law that says we can arrest you without a warrant,
[01:47:35.280 --> 01:47:45.280]  that's a clear violation of Magna Carta and a clear violation of due process and they pass it anyway and they enforce it every day of the week.
[01:47:45.280 --> 01:47:48.280]  No, no, no, that's not a violation of Magna Carta.
[01:47:48.280 --> 01:47:59.280]  What Magna Carta says is that if a sheriff arrests a free man for any reason with or without a warrant,
[01:47:59.280 --> 01:48:04.280]  he is to take that person directly to the nearest magistrate.
[01:48:04.280 --> 01:48:11.280]  So he is, I think it's in Bellevue Wouffish that says...
[01:48:11.280 --> 01:48:15.280]  See something a little bit different then.
[01:48:15.280 --> 01:48:16.280]  That it's a...
[01:48:16.280 --> 01:48:19.280]  Which creates a general warrant.
[01:48:19.280 --> 01:48:30.280]  So when they say they can arrest you without a warrant, that's essentially the same as having a warrant that doesn't specify the person or the places and that is not a warrant.
[01:48:30.280 --> 01:48:36.280]  No, no, they've authorized an arrest for an on-site offense.
[01:48:36.280 --> 01:48:50.280]  And that's where Bellevue Wouffish says that jerking someone out of their order to life and subjecting them to arrest is a very disturbing experience.
[01:48:50.280 --> 01:48:57.280]  But policemen are allowed to do that in a practical compromise.
[01:48:57.280 --> 01:49:12.280]  But if they do that, if they arrest someone, they are to take them directly to a nearest magistrate for a magistrate's neutral determination of probable cause.
[01:49:12.280 --> 01:49:28.280]  So while they prefer that every arrest be made on a warrant, that wasn't, essentially wasn't practical, and they made an exception on the condition that they take them to a magistrate.
[01:49:28.280 --> 01:49:41.280]  A better way to say it, Randy, I think is that an officer may arrest a person without a warrant only for the purpose of taking them before a magistrate.
[01:49:41.280 --> 01:49:44.280]  And I agree 100%.
[01:49:44.280 --> 01:49:49.280]  I've seen that language.
[01:49:49.280 --> 01:49:51.280]  Where?
[01:49:51.280 --> 01:49:56.280]  If you've seen that language, then I can use it under good faith and credit.
[01:49:56.280 --> 01:49:59.280]  Actually, I can't wait to compare our intellectual property.
[01:49:59.280 --> 01:50:07.280]  I can only imagine what you have done in 90 pages that I did in nine pages.
[01:50:07.280 --> 01:50:15.280]  Well, one thing I never did was make a proactive statement of law out of my own mouth.
[01:50:15.280 --> 01:50:36.280]  If I said that the officer arrested me for a disorderly conduct in a private office in violation of, I stated the statute and, you know, I didn't say he illegally arrested me.
[01:50:36.280 --> 01:50:41.280]  I said he arrested me in violation of, and I quoted the statute.
[01:50:41.280 --> 01:50:46.280]  I put paragraph headings on every paragraph.
[01:50:46.280 --> 01:50:54.280]  You have to put all of the facts and all of the law before the court.
[01:50:54.280 --> 01:51:00.280]  You can't skip over any because they seem so obvious that everybody knows them.
[01:51:00.280 --> 01:51:15.280]  The judge has to have everything in front of him and the good portion of my document is getting the law and the facts on the record.
[01:51:15.280 --> 01:51:17.280]  Absolutely.
[01:51:17.280 --> 01:51:33.280]  So it's a struggle and I use a lot of headings and those headings create a lot of white space, but in my book, Legal 101, I have a section on mental flow.
[01:51:33.280 --> 01:51:38.280]  It's a section on how to write legal documents.
[01:51:38.280 --> 01:51:53.280]  The section on mental flow is you construct your documents so that if a question comes to the mind of the reader, you answer it immediately.
[01:51:53.280 --> 01:52:04.280]  If the reader will necessarily have a question, you answer the question before it becomes a question in the mind of the reader.
[01:52:04.280 --> 01:52:20.280]  So a lot of this used more words than would have been necessary if we were too high level professionals speaking in a professional dialect,
[01:52:20.280 --> 01:52:33.280]  where we didn't have to address all of the elements, but in writing a complaint like this, you have to put all of the law before the judge.
[01:52:33.280 --> 01:52:45.280]  It is the duty of the trial judge to determine the facts in accordance with the rules of evidence that apply the law as it comes to him to the facts in the case.
[01:52:45.280 --> 01:52:51.280]  He has to have all of the facts and all the law as it relates to those facts.
[01:52:51.280 --> 01:52:56.280]  And yes, it gets kind of pedantic at some times.
[01:52:56.280 --> 01:53:08.280]  But as I'm going through this, I'm looking for all of those things that we don't think to put in there because we know them so well.
[01:53:08.280 --> 01:53:28.280]  It's not the mistake that I was making early on. I didn't realize why are my pleadings being disregarded. They're throwing this out as if it doesn't have any weight. It's the truth. This is the facts. But I just didn't have every element of there an assertion of fact to go with every element.
[01:53:28.280 --> 01:53:33.280]  And I'll throw it out for that.
[01:53:33.280 --> 01:53:46.280]  In your document, can someone read your document and have questions in their mind that you didn't answer?
[01:53:46.280 --> 01:53:51.280]  That's a good question. I should reread it and read it for that.
[01:53:51.280 --> 01:53:54.280]  No, no, no. Get somebody else to reread it.
[01:53:54.280 --> 01:54:10.280]  You should go give it to Granny or give it to a kid that's just sixth grade and see if they're able to digest it and understand without asking a lot of questions.
[01:54:10.280 --> 01:54:18.280]  If they ask questions, then those are questions that you ought to reword something or flesh it out a little.
[01:54:18.280 --> 01:54:30.280]  The judge knows all this stuff, but he can't act on it unless you invoke his duty and authority. You have to give it to him.
[01:54:30.280 --> 01:54:36.280]  It's his job to determine the facts and corns to prove evidence and apply the laws that comes to him to the facts in the case.
[01:54:36.280 --> 01:54:47.280]  Not apply the laws he knows it, but as it comes to him, you have to bring him all of the facts and all of the law.
[01:54:47.280 --> 01:54:53.280]  Then he has a duty to properly apply it, but he can't apply it if he don't have it.
[01:54:53.280 --> 01:55:08.280]  When Randy says rules of evidence, there are things that you can bring that are true, but they're not quote admissible evidence because they weren't properly authenticated or something.
[01:55:08.280 --> 01:55:14.280]  Objection foundation.
[01:55:14.280 --> 01:55:26.280]  You can't just bring in a fact unless you've established a foundation for that fact. Why does this fact matter?
[01:55:26.280 --> 01:55:34.280]  So you first have to prep the reader for this fact and then you give him the fact.
[01:55:34.280 --> 01:55:47.280]  The foundation is probably the most difficult objection to overcome or to understand and predict.
[01:55:47.280 --> 01:55:52.280]  Is this the idea that facts and law have to kind of go hand in hand?
[01:55:52.280 --> 01:56:00.280]  Absolutely. You state the facts and then you state the law as it applies to those facts.
[01:56:00.280 --> 01:56:09.280]  Go to Jurisimprudence.website, go to documents and research and then click the Cherokee County folder.
[01:56:09.280 --> 01:56:21.280]  In there I have an affidavit and 35 criminal complaints that are extracted from that affidavit.
[01:56:21.280 --> 01:56:25.280]  That will demonstrate how this is done.
[01:56:25.280 --> 01:56:28.280]  Right.
[01:56:28.280 --> 01:56:33.280]  The affidavit says that on this deal, they have these facts.
[01:56:33.280 --> 01:56:43.280]  We did this thing on this day and this thing on this day and this person did this particular thing in violation of this specific law.
[01:56:43.280 --> 01:56:52.280]  And then the clerk acted in concert inclusion with the judge in committing this criminal act and she did this thing in violation of law.
[01:56:52.280 --> 01:56:59.280]  So then I take out my criminal complaints and I said I have reason to believe and do believe based on the following.
[01:56:59.280 --> 01:57:01.280]  And then I go to the section.
[01:57:01.280 --> 01:57:10.280]  The judge did this thing and this thing in violation of law and then in the process and violated this statute.
[01:57:10.280 --> 01:57:14.280]  I cut that out and drop it in the complaint.
[01:57:14.280 --> 01:57:16.280]  And then I make one for the clerk.
[01:57:16.280 --> 01:57:18.280]  She acted in concert inclusion.
[01:57:18.280 --> 01:57:20.280]  I cut that out and drop it in the complaint.
[01:57:20.280 --> 01:57:27.280]  So the complaint and the statement match one another.
[01:57:27.280 --> 01:57:34.280]  When you write the complaint, if you're writing a criminal complaint, you write the criminal complaint.
[01:57:34.280 --> 01:57:45.280]  Or I'm sorry, if you're writing an affidavit that's going to support a criminal complaint, you want the reader to read the criminal complaint in the affidavit.
[01:57:45.280 --> 01:57:50.280]  You read the verbiage and then you cut that out and you drop it in a complaint.
[01:57:50.280 --> 01:57:54.280]  So when they read the affidavit and then they go read the complaints, I had 35 of them.
[01:57:54.280 --> 01:58:01.280]  The reader could go down these complaints and they would know exactly where I got this from.
[01:58:01.280 --> 01:58:05.280]  What part of the statement it came out of?
[01:58:05.280 --> 01:58:08.280]  Because I just cut and pasted and dropped it over in.
[01:58:08.280 --> 01:58:15.280]  When they read the statement, they read the information, they read the complaints, they read the same information a second time.
[01:58:15.280 --> 01:58:18.280]  It makes it stick in their mind better.
[01:58:18.280 --> 01:58:24.280]  And you have all the facts and law on the record.
[01:58:24.280 --> 01:58:27.280]  Ooh, it looks like we're out of time.
[01:58:27.280 --> 01:58:31.280]  Randy Kelton, Brett Fountain, Rue's Law Radio, thank you all for listening.
[01:58:31.280 --> 01:58:41.280]  We will be back next week, same time, same station, all for our two-hour show on Thursday starting at 8 p.m. central,
[01:58:41.280 --> 01:58:46.280]  our four-hour show on Friday starting at 8 p.m. central, running to midnight.
[01:58:46.280 --> 01:58:50.280]  Thank you all for listening and good night.
[01:58:50.280 --> 01:59:01.280]  The Bible's for America is offering absolutely free, a unique study Bible called the New Testament Recovery Version.
[01:59:01.280 --> 01:59:05.280]  The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says verse by verse,
[01:59:05.280 --> 01:59:08.280]  helping you to know God and to know the meaning of life.
[01:59:08.280 --> 01:59:11.280]  Order your free copy today from Bible's for America.
[01:59:11.280 --> 01:59:16.280]  Call us toll-free at 888-551-0102.
[01:59:16.280 --> 01:59:20.280]  Or visit us online at bfa.org.
[01:59:20.280 --> 01:59:25.280]  This translation is highly accurate and it comes with over 13,000 cross-references,
[01:59:25.280 --> 01:59:29.280]  plus charts and maps and an outline for every book of the Bible.
[01:59:29.280 --> 01:59:32.280]  This is truly a Bible you can understand.
[01:59:32.280 --> 01:59:40.280]  To get your free copy of the New Testament Recovery Version, call us toll-free at 888-551-0102.
[01:59:40.280 --> 01:59:48.280]  That's 888-551-0102. Or visit us online at bfa.org.