[00:00.000 --> 00:06.880]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.880 --> 00:15.560]  Markets for Monday 22 July 2019 Open with Precious Metals, Gold $1,429.00, Silver $16.45.00,
[00:15.560 --> 00:24.640]  Copper $2.75.00, Oil, Texas Crude $55.63.00, Brent Crude $62.47.00, and Cryptos in order
[00:24.640 --> 00:37.280]  of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31,
[00:37.280 --> 00:42.560]  and Bitcoin Cash is at $324.10, a crypto coin.
[00:42.560 --> 00:52.520]  In history, the year 1916, the preparedness day bombing, a tying suitcase bomb, was detonated
[00:52.520 --> 00:57.840]  on Market Street in San Francisco during the World War I Prepared-to-Stay Parade, killing
[00:57.840 --> 01:04.840]  10 and injuring 40.
[01:04.840 --> 01:09.520]  In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp into
[01:09.520 --> 01:14.160]  taxes law back in June, county prosecutors around the state, including Houston, Austin
[01:14.160 --> 01:18.160]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.160 --> 01:22.360]  new ones since they are stipulating that they do not have the time or the laboratory
[01:22.360 --> 01:24.920]  equipment to test the herb for THC.
[01:24.920 --> 01:28.560]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.560 --> 01:33.120]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.120 --> 01:34.120]  law.
[01:34.120 --> 01:37.720]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.720 --> 01:42.240]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.240 --> 01:48.400]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.400 --> 01:54.600]  well as other cities, too, like the District Attorney in El Paso, Cayman 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 --> 02:06.840]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.840 --> 02:10.880]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.880 --> 02:13.600]  something illegal based on its chemical makeup.
[02:13.600 --> 02:17.480]  It's important that if someone is charged with something, the test matches what they're
[02:17.480 --> 02:22.720]  charged with.
[02:22.720 --> 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 --> 02:43.880]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.880 --> 02:50.160]  its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[02:50.160 --> 03:16.460]  clothe.
[03:16.460 --> 03:32.460]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:32.460 --> 03:38.460]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:38.460 --> 03:43.460]  When you were eight and you had bad dreams, you go to school and earn the golden rule
[03:43.460 --> 03:47.460]  So why are you acting like a bloody fool? Is it you get it?
[03:47.460 --> 04:00.460]  Then you must get through, bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[04:00.460 --> 04:05.460]  You're choking on that one, you're choking on this one, you're choking on your mother and you're choking on your father
[04:05.460 --> 04:10.460]  You're choking on your brother and you're choking on your sister, you're choking on that one and you're choking on me
[04:10.460 --> 04:16.460]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[04:16.460 --> 04:19.460]  Bad boys, bad boys, what you gonna do
[04:19.460 --> 04:25.460]  Okay, howdy howdy, Randy Kelton, Brett Fountain, rule of law radio on this
[04:25.460 --> 04:31.460]  What used to be Armistice Day is now Veterans Day 11-11-21
[04:31.460 --> 04:40.460]  The Armistice was signed at the 11th hour on the 11th day of the 11th month of the 18th year
[04:40.460 --> 04:44.460]  We won't worry about that part, that was World War I ended
[04:44.460 --> 04:52.460]  But today's Veterans Day, but I'm a disgruntled veteran so we're not gonna talk about that
[04:52.460 --> 05:04.460]  We do need to talk about Medicare and Medicaid if you are eligible for it because there is a limited window when you can sign up for it
[05:04.460 --> 05:13.460]  And we brought on Scott Richardson for a little shameless self-promotion, he's the guy who does this
[05:13.460 --> 05:18.460]  I have people calling me constantly about Medicare and Medicaid
[05:18.460 --> 05:25.460]  And every once in a while, if one is really talking as good at what he does and talks to me respectfully
[05:25.460 --> 05:32.460]  I'll answer their questions and when I tell them what I got, all of them say, oh, oh, well, that was what I was gonna suggest
[05:32.460 --> 05:38.460]  So I've never had anyone beat what Scott has brought to the table for me
[05:38.460 --> 05:48.460]  So Scott, will you tell people why it's important to look at this right now and who's eligible and what they should know about it
[05:48.460 --> 05:52.460]  Whether you can help or not because Scott's limited to certain areas
[05:52.460 --> 05:54.460]  Go ahead, Scott
[05:54.460 --> 05:57.460]  Yes, thanks for having me on
[05:57.460 --> 06:02.460]  And I am a licensed broker in Texas
[06:02.460 --> 06:13.460]  So I'm licensed in Texas and I can only give you all limited advice in any other states or anything like that
[06:13.460 --> 06:21.460]  One of the best things to do is just kind of know what some of your options are
[06:21.460 --> 06:26.460]  And then you can call a broker, I talked to a guy the other day
[06:26.460 --> 06:32.460]  And he was just, we call it T-65 when they're turning 65
[06:32.460 --> 06:37.460]  And he was kind of like, oh, I don't know what to do, da, da, da, da
[06:37.460 --> 06:48.460]  There's some really basic steps for people that are turning 65 versus people like Randy that are well over 65
[06:48.460 --> 06:58.460]  If someone is turning 65 and they're looking for someone, they're not in Texas
[06:58.460 --> 07:04.460]  Can they call you and can you find them someone near to where they are?
[07:04.460 --> 07:13.460]  It's actually easier for them just to Google for a broker within their zip code, a Medicare broker
[07:13.460 --> 07:25.460]  And you'll most likely populate somebody there in the area because the plans really range a lot from state to state
[07:25.460 --> 07:34.460]  Some of the plans that are really good here in North Texas, when I look at the carriers in other states, the same carrier in another state
[07:34.460 --> 07:45.460]  The plan was not that good. In fact, some of the other plans that I normally wouldn't go to had really great plans
[07:45.460 --> 07:55.460]  But here's some of the basic things that what I look for when somebody like Randy calls me up
[07:55.460 --> 08:05.460]  You can go to Medicare.gov and I know this site is a little bit of a pain in the butt to kind of navigate through
[08:05.460 --> 08:14.460]  But all you'll want to do is just click on new plans or 2022 plans and then say the Advantage plan
[08:14.460 --> 08:21.460]  All the clients that I have are all on the Advantage plan
[08:21.460 --> 08:31.460]  Well, Trump, whether you like him or hate him back in 2015, if you remember any of his
[08:31.460 --> 08:39.460]  When he was stumping for president, he was promoting the Advantage plan all the time
[08:39.460 --> 08:47.460]  And I said he's my greatest sales guy because that's all he was talking about with the Advantage plan
[08:47.460 --> 08:55.460]  And the reason I like him is because there's zero payment, zero deductible, your primary doctor's zero
[08:55.460 --> 09:03.460]  It comes with the dental plan and it'll also generally come with hearing dental, it comes with a drug plan
[09:03.460 --> 09:09.460]  But it also usually will have hearing dental and vision all included
[09:09.460 --> 09:24.460]  But the drug plan is kind of the crucial one because the only reason is when you turn 65, you automatically are entitled to Part A
[09:24.460 --> 09:30.460]  Now you have to work 10 years or more and contributed in the Social Security
[09:30.460 --> 09:40.460]  So, but if you worked over 10 years, you contributed, you automatically get Part A for free, but Part A pays for the hospitals
[09:40.460 --> 09:50.460]  But you have to enroll into Part B, Part B pays for the doctors and that's where the $148 comes out of your Social Security
[09:50.460 --> 09:58.460]  Because when you automatically, when you auto enroll into it, they just auto deduct that money right out of your Social Security
[09:58.460 --> 10:07.460]  So when you see a deposit into your bank account, it's after they've taken that $148 out
[10:07.460 --> 10:16.460]  So these are just some of the mechanisms on how Medicare works, but that's your 80%
[10:16.460 --> 10:19.460]  A and B make your 80%
[10:19.460 --> 10:22.460]  So you still have a 20% gap
[10:22.460 --> 10:35.460]  And what Medicare will never tell you because they're not a licensed agent, they'll just say, oh well, there's your 80%, you need to get a supplemental type policy
[10:35.460 --> 10:45.460]  But they don't tell you that if you do not get a Part D plan, regardless if you take medications or not
[10:45.460 --> 10:56.460]  You will be penalized 1% of the national poverty rate or something, I don't really remember it verbatim
[10:56.460 --> 11:02.460]  But anyway, they'll penalize you after you lose credible coverage
[11:02.460 --> 11:10.460]  Now, if you're working and say you want to work till 67 and you still are on work insurance
[11:10.460 --> 11:17.460]  Your Part A automatically goes into effect when you turn 65, regardless if you retire or not
[11:17.460 --> 11:21.460]  But you're still on your work insurance
[11:21.460 --> 11:31.460]  So that is your Part B and it'll also have your Part D for your medications in that work insurance plan
[11:31.460 --> 11:38.460]  Now, if you're not on work insurance, you damn sure just want to go ahead and just jump right into the Medicare system
[11:38.460 --> 11:43.460]  And here's the kind of the caveat to it, even if you are working
[11:43.460 --> 11:50.460]  Let's say that they're charging you a little bit of money for that plan
[11:50.460 --> 11:59.460]  Regardless if you are on it or your spouse works for the company, you don't have insurance because you are a contractor
[11:59.460 --> 12:07.460]  But the wife works for a company and she has medical insurance and she has you added to her insurance policy
[12:07.460 --> 12:13.460]  So that type of example, they're charging you a lot of money for the health insurance
[12:13.460 --> 12:20.460]  When all you have to do is just enroll from that and call Social Security
[12:20.460 --> 12:25.460]  Enroll into Part B because you have to enroll into Part B
[12:25.460 --> 12:32.460]  And as soon as you do that, then you could jump off to your spouse's insurance or your work insurance plan
[12:32.460 --> 12:41.460]  And go straight into the Medicare system and like I say, these Medicare, these Advantage plans are typically all zero
[12:41.460 --> 12:50.460]  And so that's how another way you can kind of save money and not have to worry about being penalized
[12:50.460 --> 12:58.460]  Because you didn't know the rules of all this and they're really kind of convoluted it
[12:58.460 --> 13:03.460]  It's hard for a person to kind of find some of this stuff, I mean you can
[13:03.460 --> 13:08.460]  But you have to do a lot of reading, a lot of digging
[13:08.460 --> 13:15.460]  If you contact a broker, most junior brokers are going to be pretty well up on all this, aren't they?
[13:15.460 --> 13:23.460]  Now here's the difference, some brokers may say, oh well I don't do the Advantage plan, I only do bad stuff
[13:23.460 --> 13:37.460]  So you don't want those guys because a broker like me, I have to go through extra certifications to be able to enroll people into the Advantage plan
[13:37.460 --> 13:47.460]  So there are some brokers, I would say a lot of brokers, they don't go through all this extra certifications and stuff
[13:47.460 --> 13:55.460]  So that they can offer the Advantage plan, so the difference is when the broker offers you just the med stuff policy
[13:55.460 --> 14:08.460]  Then those generally start out at $80 to $100 a month and you still have to get a Part D plan which could be $10, $20, $30, $40 a month as well
[14:08.460 --> 14:17.460]  So now you're starting at $100, $150 a month whatever on a med stuff policy that this guy rolls you into
[14:17.460 --> 14:22.460]  And the reason he wants to put you on that is because he makes more money
[14:22.460 --> 14:26.460]  You don't make as much money putting people on the Advantage plan
[14:26.460 --> 14:34.460]  But when people are on a med stuff policy they start out and they're only paying, we'll just say $100
[14:34.460 --> 14:42.460]  Each year it's going to go up some and generally when you go from $69 to $70 they'll rate you up again
[14:42.460 --> 14:50.460]  I've seen people paying $300, $400 a month for a med stuff policy, they call me up and say, how can I save money?
[14:50.460 --> 14:53.460]  I said, well, how would you like to put that money back in your bank account?
[14:53.460 --> 14:54.460]  I said, well, how's that?
[14:54.460 --> 15:03.460]  I said, all you got to do is enroll into one of these Advantage plans, zero premium, zero deductible and your primary doctor zero
[15:03.460 --> 15:11.460]  There's some special things within there that you'll also pay attention to which is a max out of pocket
[15:11.460 --> 15:15.460]  And that's a cap that they put on these Advantage plans
[15:15.460 --> 15:19.460]  And some of them could be, we'll just say $4,000 as a round number
[15:19.460 --> 15:30.460]  So if they have a max out of pocket of $4,000, no matter if you have a $250,000 surgery you can never pull more than $4,000 that year
[15:30.460 --> 15:40.460]  And you could go back to the doctor no matter how many times have any more surgeries or any of that because you already met your max out of pocket
[15:40.460 --> 15:50.460]  So that is one of the benefits to having the Advantage plan versus a med stuff policy
[15:50.460 --> 15:57.460]  And that's the reason I personally don't do med stuff, they're more for the rich people
[15:57.460 --> 16:02.460]  If you've got a whole lot of money and you don't mind spending it, they don't mind taking it
[16:02.460 --> 16:04.460]  I'll put it to you like that
[16:04.460 --> 16:16.460]  So that's one of the main reasons I prefer it myself because I know that they're going to stick around for a long time because it's pretty hard to be zero
[16:16.460 --> 16:26.460]  So some of the questions, you know, I know all the answers to but I was going to ask Brett, you know, probably maybe when we come back from the break
[16:26.460 --> 16:38.460]  If you could think of a couple of questions because even though you're a long way away, you know, there's certain things you might want to think about or know about
[16:38.460 --> 16:41.460]  And I'd like to know what kind of questions you may have
[16:41.460 --> 16:44.460]  Yes, I do have a question already
[16:44.460 --> 16:46.460]  Good
[16:46.460 --> 16:49.460]  Okay, hang on
[16:49.460 --> 16:52.460]  Not the good or sponsors
[16:52.460 --> 16:54.460]  Wait a minute, I was going to take this out
[16:54.460 --> 16:57.460]  Now you're taking this out, now we're both going to fall off
[16:57.460 --> 17:25.460]  I know what, he shoved me and I'll shove you
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[18:00.460 --> 18:05.460]  Logos Radio Network welcomes a new show to our lineup for the new year
[18:05.460 --> 18:11.460]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. central time
[18:11.460 --> 18:14.460]  Our goal is in accord with Matthew 516
[18:14.460 --> 18:21.460]  Let your light so shine before men that they may see your good works and glorify your Father which is in heaven
[18:21.460 --> 18:26.460]  We wish to reflect God's light and be a blessing to all those with a hearing ear
[18:26.460 --> 18:34.460]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works
[18:34.460 --> 18:41.460]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week
[18:41.460 --> 18:48.460]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development
[18:48.460 --> 18:56.460]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th
[18:56.460 --> 19:00.460]  for an inspiring and motivating discussion of the Scriptures
[19:00.460 --> 19:29.460]  You are listening to the Logos Radio Network by LogosRadioNetwork.com
[19:29.460 --> 19:34.460]  Alright, we are back. Rule of Law Radio. Randy Kelton. I'm Brett Fountain
[19:34.460 --> 19:42.460]  And we are talking with a special guest, Scott Richardson, telling us about some Medicare options
[19:42.460 --> 19:48.460]  And yes, Scott, you're right. I do have a question burning on my mind
[19:48.460 --> 20:00.460]  Just a second before you do that. Everybody, I got the phone lines on so if you have a question or comment, give us a call 512-646-1984
[20:00.460 --> 20:03.460]  And Brett, I'll shut up now
[20:03.460 --> 20:07.460]  Alright, so yeah, maybe we'll get some more questions in here
[20:07.460 --> 20:15.460]  The question that comes to me is, yeah, I might be a ways off from considering whatever all these options are myself
[20:15.460 --> 20:24.460]  But what about my parents? My parents don't, to my knowledge, have any understanding about this sort of thing at all
[20:24.460 --> 20:30.460]  Or even any awareness of whether they ought to even be looking at it
[20:30.460 --> 20:39.460]  So, you know, me, what can I do as a son to try to ask the right questions or get them in front of the right people
[20:39.460 --> 20:46.460]  I mean, they're not going to go and Google these things, you know, go Google the Advantage plan, they're not going to, why would they?
[20:46.460 --> 20:52.460]  Right? So what can I do as a son?
[20:52.460 --> 21:01.460]  One of the best, the first things I'll ask people is, do they have a Medicare plan now?
[21:01.460 --> 21:10.460]  Like at the United Humana Welfare thing and anything like that, and then typically they're going to say yes
[21:10.460 --> 21:20.460]  Now, let me kind of back up for a minute because some people, when they get that 80%, they have that part A and B
[21:20.460 --> 21:26.460]  Some of them will know about getting a Part B plan and some people don't know about it at all
[21:26.460 --> 21:31.460]  Brando Cross, a lot of really smart people that never even knew about that
[21:31.460 --> 21:36.460]  Getting, they were, it was required to get that Part B plan
[21:36.460 --> 21:45.460]  So, whenever they jumped onto any type of plan after that, they would be penalized unless they qualify for low income subsidy
[21:45.460 --> 21:50.460]  And some people will qualify that, it's all based on income at that point
[21:50.460 --> 21:55.460]  And they could get that penalty erased, potentially
[21:55.460 --> 22:02.460]  But one of the things you would want to ask them is like, are you paying for this plan?
[22:02.460 --> 22:14.460]  And then they'll tell you because they know, it's like, oh yeah, so much is coming out of my check and it's costing me $200 a month with this huge round numbers
[22:14.460 --> 22:22.460]  Well, if your mom and dad are paying $200 a piece, well that's $400 a month going right out the door
[22:22.460 --> 22:28.460]  And all you need to know then is, well, there's plans in their area
[22:28.460 --> 22:37.460]  And like I say, you can use Medicare.gov and just put in your zip code and type in Advantage Plans and go through a few little questions
[22:37.460 --> 22:43.460]  You kind of have to know it a little bit and then it will populate all the plans that are in the area
[22:43.460 --> 22:49.460]  And if they live in North Texas here especially, there's a bunch of plans to choose from
[22:49.460 --> 23:03.460]  It's only when you get out in real remote areas and small cities and counties and things like that, the plans really shrink down because it's based on population density at that point
[23:03.460 --> 23:15.460]  But if they're paying for this plan, then you want to look and see what other Advantage Plans are available in that area
[23:15.460 --> 23:23.460]  Now, what really, there are a couple of moving parts to this and the major one is the doctor
[23:23.460 --> 23:40.460]  If they have a primary doctor that they're seeing, then they can either call the primary and ask them, hey, are you taking like an Aetna or United Healthcare or a Havana Advantage Plan
[23:40.460 --> 23:51.460]  And they'll let you know which plans that they're taking and then at that point, you kind of can see the one thing about going on the Medicare.gov
[23:51.460 --> 23:57.460]  It just gives you some of the overviews of some of the things that doesn't go into plan specifics
[23:57.460 --> 24:14.460]  And the way Medicare is, they're real protective on seniors and there's a kind of a two-step process whenever you want. They like, if your dad calls me up and says, yeah, I want to know about, we'll just pick Aetna
[24:14.460 --> 24:28.460]  Does I want to know about Aetna? Well, before I could go into, and this is any broker now, and this is only pertains to Advantage Plans, but they have to sign an SOA, it's a scope of appointment
[24:28.460 --> 24:49.460]  And the scope of appointment is protection for the seniors from being fraudulently enrolled in the plan and it's the broker's permission slip to go into plan details and or enroll them into a plan if they so choose
[24:49.460 --> 25:09.460]  So let's just say I went and talked to your dad and I got his, he showed me his red, white and blue card, which is going to have a computer-generated Medicare ID number, and as part A and B start date, they have to have both A and B to qualify for the Advantage Plan, that's it
[25:09.460 --> 25:29.460]  What if he doesn't have one of these cards? What if he's never even heard of one of these cards? He had one at one time because anybody that's fully retired and is in Medicare, they will have a red, white and blue card, they're issued to everybody
[25:29.460 --> 25:55.460]  If you didn't enroll into Part B at the time you should have within basically 60 days of either turning 65 or coming off your work insurance, then you have to wait for a special enrollment time to get into Part B and then they'll mail you out a new card showing your A and B start date
[25:55.460 --> 26:14.460]  Typically everybody that retires will automatically get their A and enroll into Part B and most of the time those numbers are usually the same day and it's the first day of their birthday month because they have a window
[26:14.460 --> 26:27.460]  When are those windows for the time you can enroll? The windows for turning 65 or three months before, the month of and three months after
[26:27.460 --> 26:52.460]  Now once you miss that window, then you have to wait for the annual election period, which is what we're in right now, we call it AEP, which starts December, October 15th and ends December 7th. After December 7th, the window is closed for people being able to enroll into new plans with a January 1st start date
[26:52.460 --> 27:14.460]  Now then, if you are in an Advantage plan and say it's December 15th and you decided, oh I'd love to change plans, well that window is closed, but they opened up a new window called OEP, which goes from January 1st to March 31st
[27:14.460 --> 27:29.460]  And only people in an Advantage plan can switch over into another Advantage plan, but if you're on a med stuff, you cannot enroll into an Advantage plan during OEP
[27:29.460 --> 27:41.460]  So right now is when people that are in a med stuff can change plans into an Advantage plan and then after December 7th it's over
[27:41.460 --> 27:48.460]  So like I said, the first thing you'd want to know is, are you paying for this healthcare insurance?
[27:48.460 --> 27:57.460]  Wait one second, it's over, it's over for how long? When does it reopen?
[27:57.460 --> 28:13.460]  AEP only opens once a year from October 15th through December 7th, that's it. The only other time you could make a change is if you qualify for an SEP, a special election period
[28:13.460 --> 28:31.460]  Say you move from Fort Worth to Corpus or even from county to county, because county, that would basically open you up for a special election and there's numerous different types of special elections
[28:31.460 --> 28:41.460]  But you'll get that special election just once and then you can't use it again after you've used it
[28:41.460 --> 28:53.460]  Okay, let me close up here, I've got a headache, I've got no idea, you've thrown so much information, I'm already on it and I don't know what to do
[28:53.460 --> 29:01.460]  So I guess the point is, you've got a lot of things you can do, but you have a lot of restrictions and date issues
[29:01.460 --> 29:09.460]  Sure would be good if we would know somebody who was an expert at all these things and just tell them to call him
[29:09.460 --> 29:17.460]  They can't do that, can you? You have to call them, they can't call you
[29:17.460 --> 29:33.460]  Yes, even if you gave me a list of 100 names and say all these people need help with their Medicare, I would have to hand it back to you and say they all have to call me, they have to make first contact that goes to Barry
[29:33.460 --> 29:45.460]  Okay, hold on, we're running out of time, so the point is if you're approaching, if you're 65 or over, you're approaching, call a broker in your area, in your geographical area
[29:45.460 --> 29:59.460]  Find out more about this because there's a lot to know, Randy Kelton, Brett Fountain, Rue Law Radio, calling lines are open, I don't have time to give them out, we'll be back back
[29:59.460 --> 30:11.460]  Businesses ask you for a lot of personal information and you may trust them to keep it safe, but it turns out that even the most trusted companies may be unwittingly revealing your secrets
[30:11.460 --> 30:33.460]  I'm Dr. Katherine Albrecht and I'll be right back with details
[30:42.460 --> 30:54.460]  Data privacy is a big deal, so nearly every company has a policy explaining how they handle your personal information, but what happens if it escapes their control?
[30:54.460 --> 31:03.460]  It's not an idle question, according to a recent survey, a shocking 90% of US companies admit their security was breached by hackers in the last year
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[31:11.460 --> 31:17.460]  They've never been hacked, but even if they were, there would be nothing for criminals to see, the cupboard would be bare
[31:17.460 --> 31:21.460]  Too bad other companies don't treat your data the same way
[31:21.460 --> 31:30.460]  I'm Dr. Katherine Albrecht, more news and information at KatherineAlbrecht.com
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[33:29.460 --> 33:58.460]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio on this Thursday, the 11th day of the 11th month of 2021
[33:58.460 --> 34:06.460]  Veterans Day. Okay, Chris, what do you have for us today?
[34:06.460 --> 34:07.460]  Randy?
[34:07.460 --> 34:09.460]  Yes.
[34:09.460 --> 34:12.460]  Oh, hi guys. Awesome.
[34:12.460 --> 34:20.460]  I just have a couple, hopefully, quick questions about including things in a suit. I'm finishing up my amended complaint
[34:20.460 --> 34:31.460]  And last week you had a girl on and you were instructing her about her issue with the school and what her why was, you know, what's her long-term big picture.
[34:31.460 --> 34:43.460]  So I revisited that for myself and I definitely want to hammer the soap company, insurance company and get some cash out of it, but I want to change it.
[34:43.460 --> 34:49.460]  Hold on, hold on, give everybody a brief introduction of who you are and what's going on.
[34:49.460 --> 35:01.460]  I was towed about three and a half years ago in Chicago and turned out to be an illegal tow and I found some law that had been hidden pretty obscure.
[35:01.460 --> 35:07.460]  Not many people knew about it, but it was drafted to clean up the towing in Chicago.
[35:07.460 --> 35:19.460]  And I got the city to bring the tow company in and they said liable to a number of the violations including including consumer fraud.
[35:19.460 --> 35:26.460]  And so now I'm filing suit against them and I have a student court against them.
[35:26.460 --> 35:40.460]  And in my prayer for relief, I'm asking for obviousness of, you know, the claims, but I'm also asking for an injunction stopping the tow company from having stability to tow until they come into compliance.
[35:40.460 --> 35:50.460]  But the problem is, is there's nobody to enforce or oversee these compliance issues except people like myself and other citizens.
[35:50.460 --> 36:05.460]  So I'm wondering, can in my prayer for relief, can I have the judge or the jury order that the agencies who are tasked to oversee this actually implement actions to do that?
[36:05.460 --> 36:10.460]  That would be very specific to Illinois law.
[36:10.460 --> 36:23.460]  But if the agency is not that is intended to oversee is not overseeing, I would suggest you name the agency as a co-defendant.
[36:23.460 --> 36:45.460]  I have implied the city of Chicago, I have implied the police as well, I've hinted that I may have them because they are, they are in the complaint kind of woven in, but have you sent them a tort letter?
[36:45.460 --> 36:54.460]  No, because they actually helped me in the beginning, they helped me actually get a lot of this done, but now they're not doing their job, which they should have been doing all along.
[36:54.460 --> 37:06.460]  Okay, then just send a tort letter, a tort letter that in order to sue a governmental entity, normally you have to give them notice and opportunity.
[37:06.460 --> 37:23.460]  And the only requirement, they say they want you to use the court as the remedy of last resort, not first resort, and they want you to exercise your administrative remedies, but the only one that require you to exercise is notice and opportunity in the form of a tort letter.
[37:23.460 --> 37:43.460]  And for them, they will recognize that as giving you telling them that you think they're screwing up and they're harming you, and now you have opportunity to fix it, it's exactly what UCC calls it, notice and opportunity to cure.
[37:43.460 --> 38:01.460]  So you can ask them for a cure amount, and it can be just a minor pittance amount that won't even pay for their, you know, it's not, they're a lot cheaper than what it'll cost them for lawyers, but just to let them know that you consider them liable.
[38:01.460 --> 38:07.460]  When you sue them, you can sue them for a lot more than you asked for in the tort letter.
[38:07.460 --> 38:18.460]  But if you ask for just a little bit, then it's just your way of telling them, officially, that I'm likely becoming after you and then making them off the dime.
[38:18.460 --> 38:29.460]  So what do you consider a little bit, or when you say what's going to cost them less than their lawyers, what do you have a kind of a guideline to offer people about that?
[38:29.460 --> 38:34.460]  Chris, how much are you suing the towing companies for?
[38:34.460 --> 38:38.460]  Two hundred and sixty.
[38:38.460 --> 38:50.460]  Okay, ten percent, twenty-five grand, or twenty-six grand.
[38:50.460 --> 38:58.460]  That's about what I did in my original tort letter to the towing company.
[38:58.460 --> 39:06.460]  So, okay, well, I'm willing to do that, Randy, at some point. I mean, this is a daunting task, but I've been at it for three and a half years.
[39:06.460 --> 39:11.460]  I might as well keep going. I was just hoping that, and I don't mind looking at the law.
[39:11.460 --> 39:17.460]  This is the cheapest legal education you'll ever get.
[39:17.460 --> 39:22.460]  And besides, the best fight to have is the one you picked.
[39:22.460 --> 39:33.460]  They're not coming after you, so you can think clearly, you can plot and plan what you're doing, you can try things and find out what works and what doesn't work.
[39:33.460 --> 39:46.460]  You'll find out what laws they tend to follow and what laws they don't, and mostly, if you've got your ear to the ground, you'll figure out where the politics is.
[39:46.460 --> 39:54.460]  What's the Chicago politics? Who's the alderman for this particular precinct?
[39:54.460 --> 39:56.460]  Alderman is your guy.
[39:56.460 --> 40:00.460]  Yeah, I've got ups and downs with my opinions about the aldermen.
[40:00.460 --> 40:04.460]  The one alderman who retired was the guy who actually drafted that law.
[40:04.460 --> 40:12.460]  The other aldermen, they're just doing their best to keep up with people complaining about somebody parking in their parking space.
[40:12.460 --> 40:19.460]  They don't care. But just to be clear, Randy, in my prayer for relief, that's based on law.
[40:19.460 --> 40:24.460]  We can't get too, too specific, or can we?
[40:24.460 --> 40:28.460]  I'm not sure what too, too specific means.
[40:28.460 --> 40:39.460]  Well, the whole in this whole law is that there is provisions that people are supposed to follow, and there's provisions to enforce it, but nobody knows how to.
[40:39.460 --> 40:46.460]  And so, just one quick example, they're supposed to keep video on file of every single tow in Chicago.
[40:46.460 --> 40:55.460]  Every private tow company now is supposed to have video on file of every tow, and they're supposed to keep it for a year, and every victim or any person towed can request that.
[40:55.460 --> 41:01.460]  Hardly anybody, if anybody's doing that, but the problem is there's nobody to audit that. Who's going to go in and check if they're doing that?
[41:01.460 --> 41:05.460]  And the reason they're not doing it is because nobody's auditing it.
[41:05.460 --> 41:08.460]  Well, have you requested it?
[41:08.460 --> 41:10.460]  Oh, yeah. Oh, yeah.
[41:10.460 --> 41:20.460]  Then that gives you standing to ask for an audit that will lead you to a private attorney general type suit.
[41:20.460 --> 41:24.460]  This is how you do it.
[41:24.460 --> 41:33.460]  Generally, when a tow is a couple hundred bucks, and a lawsuit is going to be tens of thousands.
[41:33.460 --> 41:43.460]  So, it's generally not worth it for somebody to sue a towing company for 200 bucks when he's going to cost them 10 to 15 grand to sue them.
[41:43.460 --> 42:02.460]  So, the courts have said that in this kind of case, in the interest of justice, that anyone who is harmed by this can sue in their behalf and in the behalf of anyone else similarly situated.
[42:02.460 --> 42:08.460]  So that you can collect harm for yourself and all these others.
[42:08.460 --> 42:16.460]  And that will raise the stakes enough to make it worth it for you to prosecute the issue.
[42:16.460 --> 42:36.460]  So, you make a claim in your benefit and the benefit of all others similarly situated, and then based on that claim, now you have standing for discovery to discover all of the videos they've actually taken, which ones they haven't.
[42:36.460 --> 42:43.460]  And if they haven't taken videos or haven't saved videos, well, that's spoilation.
[42:43.460 --> 42:47.460]  And you can add spoilation to your claim.
[42:47.460 --> 42:49.460]  Spoilation.
[42:49.460 --> 43:03.460]  Spoilation is the term for destroying or hiding or failing to produce evidence in discovery.
[43:03.460 --> 43:08.460]  So, these were required to be discoverable items.
[43:08.460 --> 43:11.460]  They either didn't create them or didn't keep them.
[43:11.460 --> 43:13.460]  Spoilation.
[43:13.460 --> 43:17.460]  And that's a specific cause of action you can bring.
[43:17.460 --> 43:19.460]  Oh, wow.
[43:19.460 --> 43:21.460]  That'll jerk a lot in their shorts.
[43:21.460 --> 43:23.460]  Yeah, I added that in the suit.
[43:23.460 --> 43:25.460]  I added a bunch of interesting stuff.
[43:25.460 --> 43:27.460]  I've been doing a lot of research.
[43:27.460 --> 43:29.460]  I even added public nuisance.
[43:29.460 --> 43:31.460]  Okay, hang on.
[43:31.460 --> 43:33.460]  Oh, we got 30 whole seconds.
[43:33.460 --> 43:35.460]  Go ahead.
[43:35.460 --> 43:37.460]  Finish up your story in 10 seconds.
[43:37.460 --> 43:43.460]  I had a public nuisance. I've been having fun and I've been doing a lot of plagiarizing.
[43:43.460 --> 43:45.460]  Plagiarizing? What?
[43:45.460 --> 43:46.460]  Oh, yes.
[43:46.460 --> 43:50.460]  Have you plagiarized any of the stuff I plagiarized?
[43:50.460 --> 43:52.460]  Hang on.
[43:52.460 --> 44:21.460]  Randy Kelton, Brett Spelton, we'll be right back.
[44:22.460 --> 44:24.460]  Well, I'm glad you asked.
[44:24.460 --> 44:27.460]  Whenever you order anything from Amazon, you can help Logos.
[44:27.460 --> 44:29.460]  They're ordering your supplies or holiday gifts.
[44:29.460 --> 44:31.460]  First thing you do is clear your cookies.
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[44:34.460 --> 44:37.460]  Click on the Amazon logo and bookmark it.
[44:37.460 --> 44:43.460]  Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[44:43.460 --> 44:44.460]  Do I pay extra?
[44:44.460 --> 44:45.460]  No.
[44:45.460 --> 44:47.460]  Do you have to do anything different when I order?
[44:47.460 --> 44:48.460]  No.
[44:48.460 --> 44:49.460]  Can I use my Amazon Prime?
[44:49.460 --> 44:50.460]  No.
[44:50.460 --> 44:51.460]  I mean, yes.
[44:51.460 --> 44:54.460]  I'm giving without doing anything or spending any money.
[44:54.460 --> 44:55.460]  This is perfect.
[44:55.460 --> 44:56.460]  Thank you so much.
[44:56.460 --> 44:58.460]  We are Logos.
[44:58.460 --> 45:00.460]  Happy holidays, Logos.
[45:00.460 --> 45:04.460]  Are you the plaintiff or defendant in a lawsuit?
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[46:26.460 --> 46:51.460]  If you're a lawyer, know what your lawyer should be doing.
[46:51.460 --> 47:07.460]  Okay, we are back.
[47:07.460 --> 47:11.460]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Scott in Colorado.
[47:11.460 --> 47:16.460]  Okay, Scott, where are we? Do we have everything answered or do you have something else?
[47:16.460 --> 47:18.460]  What do you mean, that's Chris in Colorado?
[47:18.460 --> 47:24.460]  Chris, I was calling Scott Brett on the break.
[47:24.460 --> 47:27.460]  I'm having a senior moment.
[47:27.460 --> 47:33.460]  Chris, I hope I didn't hurt your feelings calling you Scott.
[47:33.460 --> 47:37.460]  No, in many cases it's an honor to call Scott.
[47:37.460 --> 47:43.460]  Don't say that. He's listening. You'll get the big head.
[47:43.460 --> 47:45.460]  Okay, go ahead.
[47:45.460 --> 47:56.460]  Okay, I have reserved my rights in my prayer for relief to amend damages and prayers for relief,
[47:56.460 --> 47:58.460]  so I can always change it.
[47:58.460 --> 48:03.460]  Okay, you don't have to reserve. You can just change it.
[48:03.460 --> 48:06.460]  Just a little technical note.
[48:06.460 --> 48:10.460]  Okay, I will look into spoilers. I'll put that in there and I'll hint at it,
[48:10.460 --> 48:12.460]  just because I need to study up more.
[48:12.460 --> 48:19.460]  And then, last question, if they move to file for bankruptcy,
[48:19.460 --> 48:27.460]  I've read somewhere that you can actually stop that from getting them out of being liable financially.
[48:27.460 --> 48:29.460]  Is that true or not?
[48:29.460 --> 48:38.460]  Generally, if they file for bankruptcy before there's a ruling, then it won't help them.
[48:38.460 --> 48:47.460]  If they file for bankruptcy after the ruling, generally they can unless you've claimed fraud.
[48:47.460 --> 48:49.460]  I did.
[48:49.460 --> 48:52.460]  Then bankruptcy won't help them.
[48:52.460 --> 48:54.460]  Good.
[48:54.460 --> 48:57.460]  You commit fraud, there's no protection.
[48:57.460 --> 49:00.460]  They've already got a ruling against them for fraud, so yeah.
[49:00.460 --> 49:05.460]  Then they're done. Bankruptcy won't help them. They can try it if they want to.
[49:05.460 --> 49:08.460]  It won't do any good.
[49:08.460 --> 49:10.460]  Cool.
[49:10.460 --> 49:16.460]  Your house in Texas is absolutely sacrosanct.
[49:16.460 --> 49:23.460]  Can't be touched, except for fraud.
[49:23.460 --> 49:27.460]  So it won't help them a bit.
[49:27.460 --> 49:30.460]  Okay, thank you, Chris.
[49:30.460 --> 49:35.460]  Now we're going to go to Olivier in Florida.
[49:35.460 --> 49:37.460]  Hello, Olivier.
[49:37.460 --> 49:39.460]  How you doing?
[49:39.460 --> 49:41.460]  I'm doing good.
[49:41.460 --> 49:46.460]  What are you up to now?
[49:46.460 --> 49:52.460]  Well, I guess since you got owned for a while, let me just give you a brief overview and then fill it in tomorrow.
[49:52.460 --> 50:12.460]  One thing, I did some more research and then I found the case where I found the information that we need to go ahead and finish the argument as far as the license and what's the vagueness and the state.
[50:12.460 --> 50:25.460]  Okay, give a quick overview of what you're actually doing. You're going after the city over a traffic issue.
[50:25.460 --> 50:30.460]  You're going after them in the Fed claiming the statute is void for vagueness.
[50:30.460 --> 50:31.460]  Right.
[50:31.460 --> 50:34.460]  And now you're moving to the traffic issue.
[50:34.460 --> 50:42.460]  No, I went to the Fed, but the Fed told me that I was in the wrong position and I argued the wrong thing.
[50:42.460 --> 50:50.460]  They gave me the right situation to argue and told me to go back to the state and argue because that's the right position to file it.
[50:50.460 --> 51:11.460]  I went back to file it in the state with the correct argument and through that argument, Tennessee has the ruling, which they already ruled that the statute that gives them the right to suspend your license as far as you see was unlawful
[51:11.460 --> 51:19.460]  because it allowed them to suspend individual licenses.
[51:19.460 --> 51:27.460]  Okay, hold on. You had your license suspended in Tennessee for failing to pay fees, is that correct?
[51:27.460 --> 51:33.460]  Right. I never had a license suspended. They created one and then suspended it.
[51:33.460 --> 51:43.460]  Okay, now that's common. I've heard that in a number of states. Now you're in Florida and they're coming after you based on that sufficient license.
[51:43.460 --> 51:44.460]  Right.
[51:44.460 --> 51:55.460]  And also in Florida, I had a court case before where I didn't pay the fees and they suspended my license because of those fees.
[51:55.460 --> 52:01.460]  Okay, that's why this is relevant. Okay, good. Go ahead.
[52:01.460 --> 52:14.460]  Okay, so I didn't argue the suspension, the statute that allows us to suspend it. I'm going to amend that and add that argument.
[52:14.460 --> 52:34.460]  But I found a case and found out that this is well over since 1971 that they made a ruling that you cannot suspend licenses because it is an essential sort of livelihood of the individual.
[52:34.460 --> 52:39.460]  So their licenses cannot be suspended to pay the fees.
[52:39.460 --> 52:43.460]  Okay, are you familiar with screws VUS?
[52:43.460 --> 52:47.460]  I heard you say it before.
[52:47.460 --> 53:02.460]  Okay, this one is appropriate here. Screws VUS was the case that actually invigorated the Ku Klux Klan Act. Ku Klux Klan Act was passed in 1871, but it was never used until 1945.
[53:02.460 --> 53:15.460]  And in the screws case, Mississippi, two deputies and a sheriff in a bar drinking or upset at this black guy, they're going to go arrest him. Bartender tries to dissuade them.
[53:15.460 --> 53:26.460]  They won't have that. They arrest him and wind up beating him to death on the courthouse steps. They're prosecuted in the state. They're prosecuted in the state and prosecuted in the state.
[53:26.460 --> 53:35.460]  Then they're sued in the Fed and they complain to the Fed that they didn't have notice that they could be sued in the Fed.
[53:35.460 --> 53:42.460]  And screws VUS, I think it's, do you remember what it is?
[53:42.460 --> 53:44.460]  I remember 325.
[53:44.460 --> 53:55.460]  325.63, I believe. 325.63 at 109. The court's rules at page 109. It's a pretty big case.
[53:55.460 --> 54:06.460]  A private citizen cannot claim ignorance of the law as a defense to prosecution.
[54:06.460 --> 54:22.460]  A public official is held to a much higher standard. If a public official violates a ruling of this court and he be sane, he may not be heard to say he knows not what he does.
[54:22.460 --> 54:27.460]  Do you see why that's especially appropriate here?
[54:27.460 --> 54:33.460]  That's a 1970-something ruling and they're violating it.
[54:33.460 --> 54:48.460]  50 years later, the presumption is they knew full well they were violating that. They can't claim they didn't know because screws holds them responsible not only for knowing the law,
[54:48.460 --> 54:55.460]  but all of the case law, all of the rulings of the Supreme Court relating to the law.
[54:55.460 --> 55:04.460]  Look up screws. You can claim they acted intentionally unless they're insane.
[55:04.460 --> 55:14.460]  That's not valid yet because I'm not suing them for compensation.
[55:14.460 --> 55:21.460]  No, no, no, no. You're suing them in a clear to a judgment.
[55:21.460 --> 55:41.460]  The clear to a judgment. For them, the clear of the laws and for them to make the statute clearer to where they could identify the people who use automobiles as personal locomotions and then their drivers,
[55:41.460 --> 55:44.460]  which the statute already regulates.
[55:44.460 --> 55:52.460]  Okay. In Florida, don't they call a private conveyance personal property?
[55:52.460 --> 55:56.460]  They call the automobile a vehicle.
[55:56.460 --> 56:02.460]  No, that's the police's term for it and that's the commercial term.
[56:02.460 --> 56:23.460]  That's in their statute. In the statutes before, in the statute that describes that suspended license to division, it tells you that an automobile is considered a vehicle.
[56:23.460 --> 56:38.460]  Okay. Doesn't the case law in Florida claim that an automobile that you use for personal use and not for commerce is a household item?
[56:38.460 --> 56:42.460]  Yes, but that's in federal case law.
[56:42.460 --> 56:44.460]  Federal applies to the state.
[56:44.460 --> 56:54.460]  Right. Federal applies to the state. It's not a direct slaughter case law, but there's plenty of federal laws there.
[56:54.460 --> 57:09.460]  This federal ruling went to your right to freedom of movement and in the original case law, the original case that went to this was in Pennsylvania, New Jersey, a bridge between the two.
[57:09.460 --> 57:15.460]  Carriage operators were carrying people across the bridge for charging them.
[57:15.460 --> 57:24.460]  New Jersey wanted to tax them and this whole issue of right to travel came up.
[57:24.460 --> 57:48.460]  And in that, they addressed that the right to freedom of movement and travel meant from one state to another that freedom of movement on the highways and travel was fundamental to the development of the nation.
[57:48.460 --> 57:51.460]  Right.
[57:51.460 --> 57:59.460]  So that's constitutional. Federal constitutional. So the states can't breach it.
[57:59.460 --> 58:05.460]  I don't know how development of the nation can have a right, but I have a right.
[58:05.460 --> 58:13.460]  No, they didn't say it was a right. They said it was fundamental to the development of the nation and therefore it was a right of the people.
[58:13.460 --> 58:17.460]  Right. This is for our livelihoods.
[58:17.460 --> 58:24.460]  Yes. So your, your, your case mirrors that original case back in Pennsylvania.
[58:24.460 --> 58:26.460]  Right.
[58:26.460 --> 58:30.460]  Oh, yeah.
[58:30.460 --> 58:33.460]  I'm glad you can hear that because I can't.
[58:33.460 --> 58:35.460]  Okay. Hang on.
[58:35.460 --> 58:43.460]  Randy Kelton, Brett Fountain, Rue Law Radio or call in number 512-646-1984.
[58:43.460 --> 58:50.460]  One, we'll be right back.
[59:13.460 --> 59:17.460]  But the real story is the more than 9000 explanatory footnotes.
[59:17.460 --> 59:27.460]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:27.460 --> 59:47.460]  Bibles for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com.
[59:47.460 --> 59:52.460]  That's freestudybible.com.
[59:52.460 --> 59:59.460]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:22.460 --> 01:00:51.460]  Today in history, the year 1916, the preparedness day bombing, a timed suitcase bomb, was detonated
[01:00:51.460 --> 01:00:59.460]  on Market Street in San Francisco during the World War I preparedness day parade, killing 10 and injuring 40.
[01:00:59.460 --> 01:01:04.460]  Today in history.
[01:01:04.460 --> 01:01:18.460]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing heaven attacks his 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,
[01:01:18.460 --> 01:01:24.460]  since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.460 --> 01:01:33.460]  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.
[01:01:33.460 --> 01:01:47.460]  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.
[01:01:47.460 --> 01:02:01.460]  As well as other cities, too, like the District Attorney, in El Paso, Cayma 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.
[01:02:01.460 --> 01:02:12.460]  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.
[01:02:12.460 --> 01:02:22.460]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.460 --> 01:02:38.460]  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.
[01:02:38.460 --> 01:02:50.460]  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.
[01:02:50.460 --> 01:03:09.460]  This is Ruth Brody of The Lowdown for July 22, 2019.
[01:03:20.460 --> 01:03:30.460]  This is the first time a shark has been captured in the Gulf of Mexico, the second of its kind in the Gulf of Mexico.
[01:03:30.460 --> 01:03:40.460]  The shark is the second most captured shark ever captured or recorded with the other one being found way back in 1979 in the Gulf of Mexico.
[01:03:40.460 --> 01:03:50.460]  This is the first time a shark has been captured in the Gulf of Mexico, the second of its kind in the Gulf of Mexico, the second of its kind ever captured or recorded with the other one being found way back in 1979 in the Gulf of Mexico.
[01:03:50.460 --> 01:04:12.460]  Okay, we are back. Randy Kelton, Brett Fountain, Rue Law Radio on this Veteran's Day 11-11-21. Love's Day of November, 2021, and we're talking to Olivier in Tennessee, and Olivier is having way too much fun at these guys' expense.
[01:04:12.460 --> 01:04:23.460]  Okay, I kind of got you off of where you came, where you started, what you wanted to give to. Now, where are you at right now?
[01:04:23.460 --> 01:04:43.460]  Well, okay, right now I'm processing the declaratory judgment in the state, but with this new information, because this year is 2020, Tennessee's appeal...
[01:04:43.460 --> 01:04:54.460]  Realize what you're talking about. Declaratory judgment, explain the difference between a civil action and declaratory judgment, why it's so useful.
[01:04:54.460 --> 01:05:18.460]  A declaratory judgment is a vehicle that is used to declare rights and legal issues amongst parties or anyone or any issue or foreseeable issues. It may not... It may not... It doesn't have to be a current, but it can also be a possibility, a legal possibility.
[01:05:18.460 --> 01:05:33.460]  So you can follow the declaratory judgment to address the course. They're basically someone with legal comprehension and judicial power to clarify on record and make it law.
[01:05:33.460 --> 01:05:54.460]  And the key issue, the key difference between declaratory judgment and a civil action is you don't ask for any harm. So when you file a civil suit, the lawyer on the other side is going to do everything they can to avoid discovery.
[01:05:54.460 --> 01:06:05.460]  They're going to state... They're going to file a Rule 12B6 motion to dismiss a failed state of claim on which curve it can be at. Well, this doesn't have any claims.
[01:06:05.460 --> 01:06:15.460]  You're just asking for the rule on point of law, so they don't get to use the Rule 12 and you can force them to discovery quickly. That's one of the most...
[01:06:15.460 --> 01:06:25.460]  They still get to use it. They just put it right in there and then they're surprised because they've never heard of the declaratory judgment and then they don't know what to do because they pulled out, well, that's what I'm always do.
[01:06:25.460 --> 01:06:28.460]  I always filed a Rule 12B6. Now what am I going to do?
[01:06:28.460 --> 01:06:37.460]  Yeah, exactly. Tina in California filed one and I told her when you file this, they're not going to have a clue as to what to do with it.
[01:06:37.460 --> 01:06:48.460]  At one point she said, these guys won't have a clue as to what to do with this. So for everybody listening, before you file your suit, you want to file...
[01:06:48.460 --> 01:06:59.460]  You take the primary issue that you need ruled in your favor and petition for declaratory judgment on that specific issue.
[01:06:59.460 --> 01:07:15.460]  Don't ask for any damages. That gets passed Rule 12B6 and if you get a positive ruling on that single issue, if you ask for several different issues, they'll pick one they like, rule on that and ignore the rest.
[01:07:15.460 --> 01:07:26.460]  So only one issue. If you get a positive ruling on that issue, your civil suit is resjudicada, already been adjudicated.
[01:07:26.460 --> 01:07:35.460]  The only issue left in the civil is how much money they give you. Okay, I interrupted long enough. Go ahead, Olivier.
[01:07:35.460 --> 01:07:44.460]  And it's so funny because I don't want to tell the story because you pretty much just spilled it in, but it's even crazier.
[01:07:44.460 --> 01:07:57.460]  You said the possibilities, but in my situation, it's so hilarious. You remember the last time I told you that the city attorney wrote a motion stating that, oh, it should be dismissed by the state of claim,
[01:07:57.460 --> 01:08:06.460]  and I failed to serve Ashley Moody on the complaint because she's the attorney general and all this, right?
[01:08:06.460 --> 01:08:19.460]  I father amended, which I got Ashley Moody on there. Today, I received paperwork from the attorney who's representing her, and she's already sent an answer back.
[01:08:19.460 --> 01:08:26.460]  And within the answer, it's so ridiculous, I didn't even get, it's like 10 pages, I didn't even get through the first two pages.
[01:08:26.460 --> 01:08:48.460]  But in the first two pages, she's claiming that the paperwork should be dismissed because I filed Ashley Moody as a defendant, and she shouldn't be a defendant,
[01:08:48.460 --> 01:09:05.460]  even though the statute says that she should be, if there is a state statute in question that the state attorney general shall be served a copy of the complaint.
[01:09:05.460 --> 01:09:21.460]  I'm dying. I'm sitting here like, wait a minute. They need to dismiss it because I didn't include her. The other attorney is saying they need to dismiss it because I did include her.
[01:09:21.460 --> 01:09:34.460]  And what they're missing is while he's named as a defendant, since there are no claims, he is in actuality merely a respondent.
[01:09:34.460 --> 01:09:44.460]  You're notifying the attorney general, so the attorney general has an opportunity to put in his own brief, so he's just a respondent.
[01:09:44.460 --> 01:10:01.460]  I'm like, what type of education do you have? You even put the statute right after your argument, and the statute clearly tells you if you want to argue a statute, you must put this person in the complaint.
[01:10:01.460 --> 01:10:23.460]  Okay, we have Dr. Joe on the bridge, and I have a motion for seizure of property in his case where the lawyer said that under an A or B felony, you can seize this property.
[01:10:23.460 --> 01:10:34.460]  And we charged him, the very next paragraph says we charged him with a class C felony, a third degree felony. I'm sorry, first or second, it's authorized.
[01:10:34.460 --> 01:10:42.460]  Third degree felony is not authorized. And we charged him with a third, exact same thing.
[01:10:42.460 --> 01:10:47.460]  I take it these lawyers are not the sharpest knives in the drawer.
[01:10:47.460 --> 01:10:53.460]  Can you bar grieve him for that, Randy? You know that rule 1.1 incompetence?
[01:10:53.460 --> 01:10:55.460]  Yes.
[01:10:55.460 --> 01:11:03.460]  I didn't want to lead it today because I wanted to have a flyer thing, but since I brought up the topic, I just had to let that out.
[01:11:03.460 --> 01:11:22.460]  But the way I started was telling you about the recent ruling from the federal courts in Tennessee. Tennessee lost the verdict saying that the suspended, the suspended license statute was not unconstitutional.
[01:11:22.460 --> 01:11:35.460]  The federal court said, yes, it's unconstitutional. You can't do that. Images of defendants need it for a livelihood. You can be made mandatory so you can't take it from them without due process.
[01:11:35.460 --> 01:11:46.460]  And that's it. So they appealed it. So now the appeals court got it, and they refused to review it.
[01:11:46.460 --> 01:11:53.460]  I'm like, what? They refused 2020. They refused to review it. I'm like, I'm reading the case. I'm like, what?
[01:11:53.460 --> 01:12:03.460]  One judge dissented. I'm like, okay, let me see. What's the big deal with this judge? He dissented, but everybody else refused to review it.
[01:12:03.460 --> 01:12:19.460]  I went and read his dissent. He went on talking about, you know, the court erred because the state has a right to be heard and they should be reviewed underneath this case, give them the authority to review the case.
[01:12:19.460 --> 01:12:29.460]  Then he turned around and said, even though, he said, even though if the case was reviewed, the Tennessee statute doesn't have any teeth.
[01:12:29.460 --> 01:12:41.460]  I'm like, what? He just flipped the script. I'm like, does he just want to stick out? He said that it doesn't have any teeth and it will not pass constitutional mustard.
[01:12:41.460 --> 01:13:05.460]  And then he dropped case after case after case, which covers every view. Indigent defendant cannot be withheld the transcript for appeal. Indigent defendant cannot be arrested because they're indigent.
[01:13:05.460 --> 01:13:23.460]  So that means the child support law unlawful because you're indigent. That's why you can't pay. People getting arrested for suspended license, you're indigent, you can't pay.
[01:13:23.460 --> 01:13:30.460]  That constitutionally goes to debtor's prison.
[01:13:30.460 --> 01:13:42.460]  Right. So he wrote every argument that you can have in that arena. He just wrote the case, the cases which gave the authority that already had the ruling, which says you can't do that.
[01:13:42.460 --> 01:13:50.460]  So then I was like, oh, that's why they refuse to review it because it was like too much case out there to say it.
[01:13:50.460 --> 01:14:03.460]  So the thing is, they're doing a word play on us. And what I realize is, one, okay, they rule that you can't do this. This law is meticulous. It's very tricky.
[01:14:03.460 --> 01:14:09.460]  So, okay, yeah, they rule that. So we think debtor's going to automatically just stop and change things.
[01:14:09.460 --> 01:14:23.460]  No, we have to be mature and become Americans and do our part. We got that ruling. Now we take that ruling and then go at it, take that and do the territory judgment and every state on all this.
[01:14:23.460 --> 01:14:32.460]  And then that's how we get, we're not doing our part. Of course, we're not going to do everything. We're going to do the central spot, put the rules and put all the tools right there for you.
[01:14:32.460 --> 01:14:41.460]  And then it's sorry that all your legal schools got taken out of the community, but that's not our problem.
[01:14:41.460 --> 01:14:59.460]  So all the tools are right there. We do have to grow up and stop watching football, stop watching baseball, stop being lazy, stop taking our kids to their schools, stop taking our kids to their schools and educate them ourselves with things that are going to work,
[01:14:59.460 --> 01:15:03.460]  not stuff which is going to waste your time, spend your money.
[01:15:03.460 --> 01:15:13.460]  How many of us are indigent? If we started an indigent club, we would shut down America. We would take back the country.
[01:15:13.460 --> 01:15:20.460]  We're indigent. You pass on the information. This works. We're not playing no games. This is what it is. We have the information.
[01:15:20.460 --> 01:15:29.460]  Now we need to take it one step further and do our part. We wasn't taught to do our part. We do our part. We apply. All these cases are already here.
[01:15:29.460 --> 01:15:37.460]  Learn the language, learn how to read, take your kids out of the school and then put that effort back into ourselves to get the community together.
[01:15:37.460 --> 01:15:46.460]  That way they can't get back to this point. But as long as we bring our kids to their school and learn their garbage, we're stuck.
[01:15:46.460 --> 01:15:50.460]  All the tools are already there.
[01:15:50.460 --> 01:16:04.460]  That's encouraging. You're really getting a handle on these guys. Will you send me an email?
[01:16:04.460 --> 01:16:18.460]  Because I can't find your email. I'm using this Thunderbird. I'm having a lot of problems finding emails, old emails. Send me an email. I've got a couple people in Florida that want to talk to you about traffic issues.
[01:16:18.460 --> 01:16:22.460]  Okay.
[01:16:22.460 --> 01:16:27.460]  I'll get you buried like me.
[01:16:27.460 --> 01:16:34.460]  What do you want me to send an email? Just so I have your email at the top so I can find it.
[01:16:34.460 --> 01:16:37.460]  Okay.
[01:16:37.460 --> 01:16:40.460]  Another break coming up.
[01:16:40.460 --> 01:16:43.460]  Okay. Do you have anything else for us?
[01:16:43.460 --> 01:16:47.460]  No, I'll call tomorrow. I'll take up some time tomorrow.
[01:16:47.460 --> 01:16:56.460]  Okay. Good. Good. Okay. Thank you. Randy Kelton, Brett Fountain, Louis Lauderdale Radio. We'll be right back.
[01:16:56.460 --> 01:17:00.460]  We'll be right back.
[01:17:26.460 --> 01:17:33.460]  We'll be right back.
[01:17:56.460 --> 01:18:00.460]  For an inspiring and motivating discussion of the scriptures.
[01:18:26.460 --> 01:18:31.460]  We'll be right back.
[01:18:56.460 --> 01:18:59.580]  LogosRadioNetwork.com for details and donate today.
[01:19:26.460 --> 01:19:54.360]  Okay, we are back, Randy Kelton, we're at Fountain Rouge of Law Radio, and we're going
[01:19:54.360 --> 01:19:59.500]  to Scott in Georgia. Hello, Scott, what do you have for us today?
[01:19:59.500 --> 01:20:08.100]  Hey, Mr. Kiff. Hey, how's this, uh, Gideon Cowles? See if, um, you had time to look
[01:20:08.100 --> 01:20:10.500]  over the plan, I think.
[01:20:10.500 --> 01:20:13.300]  I don't remember seeing it.
[01:20:13.300 --> 01:20:17.820]  Oh, uh, yeah, I sent to you that call.
[01:20:17.820 --> 01:20:24.340]  Yeah, I'll check it, but, uh, send it to me again just in case. I've been having trouble
[01:20:24.340 --> 01:20:26.340]  with this Thunderbird email.
[01:20:26.340 --> 01:20:33.340]  Yeah, yeah, I sent, we sent these, but, uh, yeah, I like that.
[01:20:33.340 --> 01:20:37.860]  I was just telling them that you were one of the ones that you, you sent me a document
[01:20:37.860 --> 01:20:44.980]  and I told you it was a piece of crap. I've got Scott Richardson on the call board, or
[01:20:44.980 --> 01:20:52.340]  on the, the guestboard bridge. Scott, tell him about what I did to you.
[01:20:52.340 --> 01:21:01.860]  Oh, man, the first three pieces of paperwork that I gave him, I said, check this out. He
[01:21:01.860 --> 01:21:06.220]  ripped it and reamed it and just told me it was the biggest bunch of garbage he ever
[01:21:06.220 --> 01:21:11.780]  seen in his life. And then he, he said, here, and he gave me this habeas corpus. And the
[01:21:11.780 --> 01:21:19.340]  same thing was longer than you can imagine. And I read it the first time and read it again.
[01:21:19.340 --> 01:21:24.780]  And the third time I read it, it was like a light switch went off and I went and wrote
[01:21:24.780 --> 01:21:30.420]  that damn thing again. And I gave it to him and he goes, who wrote this? I said, wow,
[01:21:30.420 --> 01:21:35.140]  what's, what's, what's, what's the matter with it? He goes, no, tell me who wrote this?
[01:21:35.140 --> 01:21:39.980]  And finally he started agitating me so damn much. I said, I wrote the damn thing. Now
[01:21:39.980 --> 01:21:44.860]  what's wrong with it? He goes, it's great. You did a great job. I was, I was all frustrated
[01:21:44.860 --> 01:21:57.420]  and ready to go to war over it. Okay, Scott and Georgia, do you remember that? Yes. Did
[01:21:57.420 --> 01:22:03.620]  exact same thing to Scott and had the exact same results. That last document he sent
[01:22:03.620 --> 01:22:10.140]  me was, I had nothing to, there were things he put in there that I would have argued somewhat
[01:22:10.140 --> 01:22:19.060]  differently, but not better. Did nice work. And I apologize that I didn't get to the one,
[01:22:19.060 --> 01:22:28.140]  I did not see one from you. Oh, yeah. So if I don't see it, then I will call you. Okay.
[01:22:28.140 --> 01:22:35.060]  Yeah, I'll, yeah, I'll say. We may have something wrong. So tell us where you're at and you're,
[01:22:35.060 --> 01:22:39.100]  you're getting prepared to sue them, but you may be running out of time. Yeah, I'm getting
[01:22:39.100 --> 01:22:45.580]  close. Let's just get, just get down to the nitty gritty, actually. Have you sent them
[01:22:45.580 --> 01:22:52.740]  a tort letter? No, no, I haven't. I've just, I've been focused on this. Okay. You need
[01:22:52.740 --> 01:23:00.740]  to check. You need to check because most jurisdictions require notice and opportunity and generally
[01:23:00.740 --> 01:23:07.860]  at 60 days. You can send them notice that you've been harmed, how much you've harmed.
[01:23:07.860 --> 01:23:14.700]  Make me whole to be sued. What I do is I take the lawsuit and I take the court heading off
[01:23:14.700 --> 01:23:20.620]  of it and put a business heading on it. I take the prayer off the bottom and I take the title
[01:23:20.620 --> 01:23:25.460]  of the prayer and change it to make me whole to be sued. And then the prayer tells them
[01:23:25.460 --> 01:23:32.180]  how much you've been harmed and send that to them. When they read it, when they read
[01:23:32.180 --> 01:23:36.180]  the tort letter, it'll be clear to them, this is not an idle threat because they're already
[01:23:36.180 --> 01:23:42.180]  out of the suit. And they have to have that 60 days before you can file a suit against
[01:23:42.180 --> 01:23:46.180]  them. Well, they didn't, they didn't send me a tort letter when I was going to sue me.
[01:23:46.180 --> 01:23:50.660]  You know what I'm saying? Well, no, they don't have to, they don't have to do that to you.
[01:23:50.660 --> 01:23:57.060]  This is a special statute for when you sue public officials or public agencies. Yeah,
[01:23:57.060 --> 01:24:02.100]  they won't bear a warrant and I suppose not. Yeah, so you have to be careful with that
[01:24:02.100 --> 01:24:11.220]  when I missed a suit over that. Do you have any questions in particular?
[01:24:11.220 --> 01:24:21.220]  Uh, no, I was just kind of wanting to get your opinion on where I'm at with it. I was
[01:24:21.220 --> 01:24:25.620]  thinking I was just going to send my weight again first before I send the whole case in
[01:24:25.620 --> 01:24:31.060]  or whatever. Okay, good. Because I am looking forward to seeing it. The last one you sent
[01:24:31.060 --> 01:24:35.620]  me was really well done. Yeah, I put, I put a lot of work in this and I'm very
[01:24:35.620 --> 01:24:39.380]  serious about it because they are bringing wolves on us. It's like that fella just
[01:24:39.380 --> 01:24:45.940]  thought, his name's Scott, too. No, the Olivier was the one that was talking about the war.
[01:24:46.500 --> 01:24:55.460]  Scott's on the bridge. He's an insurance agent. That'll give you an idea of how tolerant we are
[01:24:55.460 --> 01:25:02.820]  at how accepting and all-inclusive. We will even let an insurance agent come on our show.
[01:25:04.420 --> 01:25:13.540]  Yeah, they highly offended me. I was watching a movie. Too much work about their feelings.
[01:25:13.540 --> 01:25:23.460]  So, you know, a guy got convicted and they sentenced him to two years in the hole with an
[01:25:23.460 --> 01:25:33.620]  insurance agent. That was cruel and unusual. Right, Scott?
[01:25:33.620 --> 01:25:35.700]  Cruel and unusual. They're doing that all right.
[01:25:37.460 --> 01:25:42.500]  Scott Richardson's back there. He's back there in the background thinking of bad stuff to say
[01:25:42.500 --> 01:25:46.100]  about me. Oh, I got things. Don't worry.
[01:25:49.220 --> 01:25:54.740]  Okay. So, re-send that to me and call in tomorrow night.
[01:25:55.460 --> 01:25:58.420]  Yes, sir. I sure will. Thank you very much. Thank you for calling me, Scott.
[01:25:59.860 --> 01:26:07.140]  Okay. Thank you, Scott. We are out of callers. I call in numbers 512-646-1984.
[01:26:07.140 --> 01:26:16.260]  I do have something I wanted to address, except it has some time. I am in the process
[01:26:18.180 --> 01:26:26.420]  using a legal meat tenderizer. I'm trying to soften up the Travis County District Attorney.
[01:26:26.420 --> 01:26:34.420]  I was talking to Dr. Joe about this earlier. I've been talking about playing chess.
[01:26:34.420 --> 01:26:40.340]  We're not really playing chess here. We're playing Go. Go is the oldest known game,
[01:26:40.340 --> 01:26:47.380]  one of the oldest stone games in the world. It has just a couple of rules. It's an oriental game
[01:26:48.340 --> 01:26:56.260]  and it's like chess, except it's more subtle than chess. In chess, you put pawns out there
[01:26:56.260 --> 01:27:04.100]  to force your opponent to maneuver around the pawns. In Go, you put pieces on the board
[01:27:04.660 --> 01:27:14.180]  that structures build up to those pieces. We're laying pieces out there. Tina Koebroek
[01:27:15.540 --> 01:27:22.180]  called in. She's been calling in for a while. She filed criminal complaints against
[01:27:22.180 --> 01:27:31.700]  Manukin, director of the Treasury for things he did when he was president of One West Bank.
[01:27:33.860 --> 01:27:40.180]  Sent them to the prosecuting attorney, Travis County, and he didn't give them to the grand jury,
[01:27:40.180 --> 01:27:45.700]  held them a year and then sent her a letter saying he didn't have jurisdiction. One of the complaints
[01:27:45.700 --> 01:27:55.460]  was against a notary in Texas that refused to provide her notary law.
[01:27:57.780 --> 01:28:02.820]  Only Texas has jurisdiction over that. Tina was in California. It makes no difference. The
[01:28:03.540 --> 01:28:08.740]  notary was in Travis County and she was required to produce the notary law that she didn't.
[01:28:08.740 --> 01:28:16.100]  That one, he clearly had jurisdiction over. He secreted from the grand jury. The other one,
[01:28:16.820 --> 01:28:23.460]  there are other issues, felony charges against Manukin and some others.
[01:28:24.500 --> 01:28:32.980]  There is a question about federal jurisdiction, but that's not a question the prosecutor can
[01:28:32.980 --> 01:28:48.500]  address. I built a brief on that. A prosecutor has zero prosecutorial discretion by constitution
[01:28:49.140 --> 01:28:59.540]  and by legislation. The courts granted him a certain amount of discretion in case law.
[01:28:59.540 --> 01:29:06.740]  I'm calling that a breach of the separation of powers and sedition.
[01:29:08.420 --> 01:29:16.340]  The courts have no power to grant an authority to the prosecuting attorney that is specifically
[01:29:16.340 --> 01:29:25.780]  forbidden to him by legislation. Prosecuting attorney is commanded when he's made known
[01:29:25.780 --> 01:29:29.940]  that a public official is violated or linked to his office and shall reduce complaint of
[01:29:29.940 --> 01:29:38.340]  information, submit it to the grand jury. That's 203. That's specific to public officials. 204,
[01:29:38.340 --> 01:29:48.180]  205, if he receives a criminal complaint and it should be noted that nothing in law directs a
[01:29:48.180 --> 01:29:55.460]  criminal complaint to a prosecuting attorney. Nothing. All complaints are directed to some
[01:29:55.460 --> 01:30:07.460]  magistrate. If the prosecution… Reality TV, sugar, obesity, jet lag, the list of things that
[01:30:07.460 --> 01:30:13.140]  makes us dumber just keeps on growing. But now researchers say we can add stress to the list.
[01:30:13.140 --> 01:30:19.300]  I'm Dr. Kaplan Albrecht. Back with details in a moment. Privacy is under attack. When you give
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[01:30:49.540 --> 01:30:55.140]  you might think that multitasking proves you're smart. But think again, all that stress might be
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[01:31:00.660 --> 01:31:06.180]  which actually makes it harder for people to manage problems. Researchers at Yale University found
[01:31:06.180 --> 01:31:11.540]  that stressed out people have less gray matter in their prefrontal cortex. That's the part of the
[01:31:11.540 --> 01:31:17.620]  brain that helps us weigh conflicting ideas and regulate our emotions. So take a deep breath and
[01:31:17.620 --> 01:31:24.340]  chill out. It'll help keep your mind as sharp as a tack. I'm Dr. Kaplan Albrecht for startpage.com,
[01:31:24.340 --> 01:31:35.140]  the world's most private search engine. This is Building 7, a 47-story skyscraper that fell
[01:31:35.140 --> 01:31:39.220]  on the afternoon of September 11th. The government says that fire brought it down. However,
[01:31:39.220 --> 01:31:44.740]  1,500 architects and engineers have concluded it was a controlled demolition. Over 6,000 of my
[01:31:44.740 --> 01:31:48.980]  fellow service members have given their lives, and thousands of my fellow first responders have
[01:31:48.980 --> 01:31:53.300]  died. I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correctional. I'm
[01:31:53.300 --> 01:31:58.900]  an Air Force pilot. I'm a father who lost his son. We're Americans, and we deserve the truth. Go to
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[01:33:34.100 --> 01:33:47.780]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and I'm talking about
[01:33:48.740 --> 01:33:56.180]  playing the prosecutor like a cheap fiddle. I went to him with, when he refused to
[01:33:56.180 --> 01:34:07.380]  prosecute this notary and Manuka and all these other guys, the issue about him claiming he
[01:34:07.380 --> 01:34:15.380]  didn't have jurisdiction, well, he don't have standing to determine jurisdiction. Only judges
[01:34:15.380 --> 01:34:22.580]  can, only magistrates and judges can do that. While sometimes complaints are given to prosecutors,
[01:34:22.580 --> 01:34:29.380]  nothing directs a complaint to a prosecutor. Consequently, when a prosecutor receives a
[01:34:29.380 --> 01:34:38.420]  complaint, he is required, if it's a felony, to forward it to the clerk of the court of jurisdiction
[01:34:39.060 --> 01:34:45.860]  and notify the grand jury. If it's a misdemeanor, he's to file it with the court of jurisdiction
[01:34:45.860 --> 01:34:54.020]  and give notice to some magistrate. Now, in the case of a grand jury, if the grand jury finds a
[01:34:54.020 --> 01:35:01.460]  true bill, before the true bill can become an indictment, they must ensure that the person's
[01:35:01.460 --> 01:35:06.340]  been arrested. If they haven't been arrested, they can't. The true bill cannot become an indictment
[01:35:06.340 --> 01:35:11.460]  until he's been arrested because what he's been arrested, he should be taken before a magistrate.
[01:35:11.460 --> 01:35:18.180]  And the magistrate decides if there's probable cause or not, not the grand jury, not the prosecuting
[01:35:18.180 --> 01:35:25.380]  attorney. So that's my argument. I'm saying a prosecuting attorney has no discretion,
[01:35:25.940 --> 01:35:32.740]  even if clearly they don't have subject matter jurisdiction. You don't get to make that decision.
[01:35:34.500 --> 01:35:40.100]  You follow the rules, follow the process, and it will get to a magistrate or a trial judge who
[01:35:40.100 --> 01:35:48.500]  can make that decision, but you can't do it. So I made up this complaint against a prosecutor,
[01:35:48.500 --> 01:35:53.860]  and I put it in an envelope, and I wrote the grand jury's name, grand jury foreman on the front of
[01:35:53.860 --> 01:35:58.900]  it, took it down. I was in Austin, so I took it down to their office and gave it to their
[01:35:58.900 --> 01:36:07.780]  investigator and told her, give this to the grand jury. Do not open it. Tell your boss,
[01:36:07.780 --> 01:36:18.740]  do not open it. It's a trap. What do you think your boss did? When he opened it, he found a cover letter
[01:36:19.780 --> 01:36:26.100]  that told the foreman that we sometimes have trouble getting prosecuting attorneys to give
[01:36:26.100 --> 01:36:32.180]  criminal complaints against public officials to the grand jury. So to make sure you actually
[01:36:32.180 --> 01:36:38.660]  receive this, will you email me and let me know that you received this, and let me know if the seal
[01:36:38.660 --> 01:36:47.460]  on the envelope these were filed in with is broken. So the prosecutor opened it and he looked at that,
[01:36:48.500 --> 01:36:56.260]  and I know what he thought. It was a trap. He sent me up. So I didn't get that email back.
[01:36:56.260 --> 01:37:04.100]  So now I'm making up a criminal complaint that I'm going to send to every district judge in
[01:37:04.100 --> 01:37:10.900]  Travis County and ask them to hold an examining trial, but they don't hold examining trials. I
[01:37:10.900 --> 01:37:17.860]  had the head criminal district judge in Travis County tell me once, his name is Bob Perkins,
[01:37:18.740 --> 01:37:22.020]  that the district judges in Travis County don't take criminal complaints,
[01:37:22.020 --> 01:37:28.020]  and I had given him some criminal complaints, and he said, I said, well, that's okay, your honor.
[01:37:28.020 --> 01:37:34.020]  I'm not here to invoke your duty as a magistrate. I'm sorry. I'm not here to invoke your duty as a
[01:37:34.020 --> 01:37:41.060]  district judge. I'm here to invoke your duty as a magistrate. That's the duty from which you may
[01:37:41.060 --> 01:37:48.020]  not shield yourselves. All of these district judges are going to say the same thing he did,
[01:37:48.020 --> 01:37:54.420]  except they're not going to see me. I'm just going to send it to him by mail certified,
[01:37:55.300 --> 01:38:02.020]  but this time they will be insured so that when I don't get a response from them,
[01:38:02.020 --> 01:38:06.980]  I'm going to ask them to email me and notify me of the time and place in which the examining trial
[01:38:06.980 --> 01:38:14.900]  will be held, and I'll get no responses. Then I'll make up criminal charges against them,
[01:38:14.900 --> 01:38:21.300]  all of them, because they're all Democrats. They're all going to want to protect the prosecutor,
[01:38:22.100 --> 01:38:27.460]  and I'll take them to Williamson County, the county just north of Travis County, where Austin is,
[01:38:28.820 --> 01:38:36.980]  and there's a certain very politically active Republican district judge there,
[01:38:38.420 --> 01:38:40.100]  and I'm going to give all of them to him,
[01:38:40.100 --> 01:38:47.060]  and ask him to hold the examining trial on all of them, because I'm going to accuse the judges
[01:38:47.060 --> 01:38:51.780]  in Travis County of shielding from prosecution, which is a felony in the state of Texas.
[01:38:53.860 --> 01:38:59.940]  If he holds an examining trial and finds probable cause, because he's a Republican and
[01:38:59.940 --> 01:39:07.780]  they're Democrats, then I ask for an examine for a court of inquiry. Court of inquiry,
[01:39:07.780 --> 01:39:14.020]  only Texas has it, and it's just a dog and pony show. It's a way to beat up public officials,
[01:39:16.180 --> 01:39:20.180]  but I suspect he's not going to hold an examining trial either.
[01:39:22.500 --> 01:39:30.260]  Then I take complaint against him and give it to every district judge in Williamson County,
[01:39:31.700 --> 01:39:37.460]  and when they all refuse to hold an examining trial, then I take all of these and I send them
[01:39:37.460 --> 01:39:43.300]  to the Chief Justice of the Texas Supreme and ask him to hold an examining trial,
[01:39:44.660 --> 01:39:51.300]  and I've already done that once, and he failed to respond to me when I filed a
[01:39:51.300 --> 01:39:55.300]  governor, the complaint I filed against the governor, the 150 page complaint,
[01:39:55.300 --> 01:39:58.660]  I also filed it with him to hold an examining trial, and he refused,
[01:39:59.700 --> 01:40:03.940]  so I filed criminal charges against him with the court of criminal appeals
[01:40:03.940 --> 01:40:11.140]  presiding judge, and he refused to hold an examining trial. Then I get to go to the feds
[01:40:11.140 --> 01:40:18.740]  with criminal charges against all of them, and all of this started because the prosecuting
[01:40:18.740 --> 01:40:26.500]  attorney refused to do his job. You don't want to do your job, Baba? We'll see how this works out
[01:40:26.500 --> 01:40:35.140]  for you. Let's see. I've got a minute and 30. I've got one more segment. Good. So I can do this
[01:40:35.140 --> 01:40:42.260]  because I'm nobody. You guys can do this kind of stuff. You're the most powerful people in the
[01:40:42.260 --> 01:40:49.140]  jurisdiction. You can run rough shot over all of them, and that's what this show is about.
[01:40:49.140 --> 01:40:57.540]  We have another caller. This looks like a first-time caller. If you're in the 407 area code,
[01:40:58.820 --> 01:41:00.980]  what do you have for us today?
[01:41:03.220 --> 01:41:04.500]  Hi. Can you hear me?
[01:41:05.780 --> 01:41:08.340]  Yes. Give us a first name and a state.
[01:41:10.500 --> 01:41:12.980]  My name is Eliana. I'm from Florida.
[01:41:12.980 --> 01:41:17.860]  All right. What do you have for us today?
[01:41:19.940 --> 01:41:27.220]  I have a case I started in July about the discrimination being denied the service
[01:41:27.220 --> 01:41:29.780]  in the garden stall without the mask.
[01:41:32.100 --> 01:41:35.620]  And I'm going through all the options with them now.
[01:41:35.620 --> 01:41:42.500]  Well, you have called the right place. So were you arrested?
[01:41:44.420 --> 01:41:49.300]  No, I was not arrested. I was just denied the service, which I have it all on the video.
[01:41:50.340 --> 01:41:53.220]  This is perfect. Good. You weren't arrested. Wonderful.
[01:41:54.740 --> 01:42:01.540]  What do you want to do? What do you want as an outcome at the end of the day?
[01:42:01.540 --> 01:42:10.900]  At the end of the day, I just want to have justice. So it will stop happening with as many people as
[01:42:10.900 --> 01:42:14.420]  it's happening now, all over the states. And I want to get compensated, of course.
[01:42:15.540 --> 01:42:20.180]  And so far, I'm just going around you through them for what's been happening during all these months.
[01:42:21.700 --> 01:42:24.980]  I've been sending them lots of motions and notices.
[01:42:24.980 --> 01:42:31.780]  Of course, the attorney on the other side filed a motion to dismiss right away.
[01:42:33.060 --> 01:42:39.300]  And after that, they sent me the discovery questions, which I answered in the family manner.
[01:42:40.260 --> 01:42:45.220]  And after that, I got back to them with my questions to them.
[01:42:45.220 --> 01:42:48.500]  Wait, wait, wait, wait. Have you filed suit against them?
[01:42:48.500 --> 01:42:55.380]  Yeah, I've filed the lawsuit already. Yeah, because we're already filed through federal courts.
[01:42:57.540 --> 01:43:01.220]  Yeah, so it's already, the lawsuit's already started and almost ended, actually.
[01:43:02.420 --> 01:43:10.180]  I would, I would much, very much like to see that lawsuit. What were your claims against the
[01:43:10.180 --> 01:43:24.740]  establishment? Let me put it in front of you. So it is mainly 42 years code, 1983,
[01:43:24.740 --> 01:43:39.540]  4th, 4th Ninth Amendment of the Constitution, then 18 years code, 242, Reservation of Rights,
[01:43:39.540 --> 01:43:44.820]  42 years code, 2008, Discrimination and Segregation of Places of Public Commendation.
[01:43:45.540 --> 01:43:51.780]  Okay, hold on a moment. Hold on a moment. Are you familiar with our telegram site?
[01:43:51.780 --> 01:43:56.980]  Yeah, yeah, I'm on it and I talked to Brett briefly about it too, yeah.
[01:43:58.260 --> 01:44:03.380]  Okay, Brett, you want to talk? Are you being harassed by debt collectors with phone calls,
[01:44:03.380 --> 01:44:09.380]  letters or even lawsuits? Stop debt collectors now with the Michael Miras Proven Method. Michael
[01:44:09.380 --> 01:44:14.820]  Miras has won six cases in federal court against debt collectors and now you can win two. You'll
[01:44:14.820 --> 01:44:20.020]  get step-by-step instructions in plain English on how to win in court using federal civil rights
[01:44:20.020 --> 01:44:25.540]  statute, what to do when contacted by phones, mail or court summons, how to answer letters
[01:44:25.540 --> 01:44:29.700]  and phone calls, how to get debt collectors out of your credit report, how to turn the
[01:44:29.700 --> 01:44:35.700]  financial tables on them and make them pay you to go away. The Michael Miras Proven Method is
[01:44:35.700 --> 01:44:40.980]  the solution for how to stop debt collectors. Personal consultation is available as well.
[01:44:40.980 --> 01:44:46.660]  For more information, please visit ruleoflawradio.com and click on the blue Michael Miras banner
[01:44:46.660 --> 01:44:56.100]  or email Michael Miras at yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s
[01:44:56.100 --> 01:45:03.220]  at yahoo.com to learn how to stop debt collectors next. Are you the plaintiff or defendant in a
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[01:46:18.660 --> 01:46:30.660]  Some things in this world I will never understand. Some things I realize fully.
[01:46:30.660 --> 01:46:44.660]  Somebody's on a police, that police man. Somebody's on a police, police. There's always room at the top of the head.
[01:46:44.660 --> 01:46:52.660]  I hear through the grapevine and it's lonely left too. They're wishing it was more than opposition to bill.
[01:46:52.660 --> 01:47:00.660]  They know that if they don't do it, somebody will understand. In this world I will never understand.
[01:47:00.660 --> 01:47:16.660]  Some things I realize fully. Somebody's on a police, that police man. Somebody's on a police, police.
[01:47:16.660 --> 01:47:34.660]  Okay. We are back, Randy Keltenbread at Fountain Rule of Law Radio and I've got a better idea of where you're at.
[01:47:34.660 --> 01:47:43.660]  where you're at, do you file suit on the mask issue in the federal court?
[01:47:43.660 --> 01:47:47.420]  Was there a question you had for us?
[01:47:47.420 --> 01:47:57.020]  Talking about the motion, they sent me the discovery questions, I answered it, and then
[01:47:57.020 --> 01:48:01.820]  I sent them my discovery questions, which they refused to answer.
[01:48:01.820 --> 01:48:14.500]  They filed a motion to stay, waiting for a motion for dismiss to be granted, and they
[01:48:14.500 --> 01:48:23.660]  responded, I filed a motion to compel, of course, and the judge denied my motion to compel and
[01:48:23.660 --> 01:48:27.860]  granted the motion to stay, so I could not ask any discovery questions.
[01:48:27.860 --> 01:48:28.860]  Wait, wait, wait, wait.
[01:48:28.860 --> 01:48:31.260]  What's the nature of the motion to stay?
[01:48:31.260 --> 01:48:33.500]  Is this the state discovery?
[01:48:33.500 --> 01:48:41.260]  Yeah, the state discovery, yeah, until a motion to dismiss to be ruled out.
[01:48:41.260 --> 01:48:43.260]  So, they remember.
[01:48:43.260 --> 01:48:49.260]  Okay, they filed a motion to dismiss, was it a Rule 12B6 motion to dismiss for failure
[01:48:49.260 --> 01:48:51.260]  of state of claim?
[01:48:51.260 --> 01:48:52.260]  Yes.
[01:48:52.260 --> 01:48:56.260]  And you responded to that?
[01:48:56.260 --> 01:49:04.260]  I didn't, because they never sent me any copies of any of the motions, the attorneys.
[01:49:04.260 --> 01:49:05.860]  I never received any copies.
[01:49:05.860 --> 01:49:12.260]  They only let me know that they're planning to file it, but they never sent me any attention.
[01:49:12.260 --> 01:49:19.620]  Have you checked with the court to see if there is a Rule 12B6 had to be filed before
[01:49:19.620 --> 01:49:20.620]  an answer?
[01:49:20.620 --> 01:49:21.620]  Mm-hmm.
[01:49:21.620 --> 01:49:26.620]  Did they file an answer to the case?
[01:49:26.620 --> 01:49:27.620]  No.
[01:49:27.620 --> 01:49:28.620]  No.
[01:49:28.620 --> 01:49:37.620]  Has the more than 21 days passed, or actually the Monday after the 20th day, how long has
[01:49:37.620 --> 01:49:39.620]  it been since you filed the suit?
[01:49:39.620 --> 01:49:43.620]  Oh, it's been filed in July.
[01:49:43.620 --> 01:49:44.620]  Oh, good.
[01:49:44.620 --> 01:49:45.620]  That's been a while.
[01:49:45.620 --> 01:49:46.620]  Wait, wait, wait.
[01:49:46.620 --> 01:49:49.620]  Are you sure they didn't file an answer?
[01:49:49.620 --> 01:49:53.620]  Well, their answer was motion to dismiss.
[01:49:53.620 --> 01:49:54.620]  That's...
[01:49:54.620 --> 01:49:55.620]  12B6.
[01:49:55.620 --> 01:49:56.620]  That's all.
[01:49:56.620 --> 01:49:57.620]  Okay.
[01:49:57.620 --> 01:50:03.620]  12B6 does stay the time to file an answer.
[01:50:03.620 --> 01:50:04.620]  Mm-hmm.
[01:50:04.620 --> 01:50:08.620]  So this sounds like...
[01:50:08.620 --> 01:50:09.620]  My side.
[01:50:09.620 --> 01:50:16.620]  This sounds like the request for a stay on the discovery is appropriate.
[01:50:16.620 --> 01:50:17.620]  Mm-hmm.
[01:50:17.620 --> 01:50:23.620]  That's not something I would object to.
[01:50:23.620 --> 01:50:28.620]  You haven't filed a response to the 12B6?
[01:50:28.620 --> 01:50:31.620]  I didn't.
[01:50:31.620 --> 01:50:38.620]  After the judge denied my motion to confer and granted the motion to stay, I filed the
[01:50:38.620 --> 01:50:41.620]  request for findings of facts and conclusions of laws.
[01:50:41.620 --> 01:50:47.620]  Okay, you have to file a response to that 12B6.
[01:50:47.620 --> 01:50:48.620]  Mm-hmm.
[01:50:48.620 --> 01:50:51.620]  To motion to dismiss.
[01:50:51.620 --> 01:50:52.620]  Yes.
[01:50:52.620 --> 01:50:57.620]  That's a problem if you haven't filed a response to the 12B6.
[01:50:57.620 --> 01:51:01.620]  That should have been filed within 30 days.
[01:51:01.620 --> 01:51:02.620]  Yes.
[01:51:02.620 --> 01:51:04.620]  So now I'm trying to...
[01:51:04.620 --> 01:51:09.620]  At this stage, the judge denied my case completely.
[01:51:09.620 --> 01:51:12.620]  He denied my case.
[01:51:12.620 --> 01:51:19.620]  I did go back to the judge with a motion to file a case in order, in order to dismiss.
[01:51:19.620 --> 01:51:20.620]  Okay.
[01:51:20.620 --> 01:51:21.620]  What was the...
[01:51:21.620 --> 01:51:31.620]  Okay, this is a federal court, so you should have gotten an order and a judgment.
[01:51:31.620 --> 01:51:37.620]  The judgment is, in fact, findings of facts and conclusions of law.
[01:51:37.620 --> 01:51:41.620]  They generally always do that in the federal courts.
[01:51:41.620 --> 01:51:44.620]  So what did the judge...
[01:51:44.620 --> 01:51:50.620]  On what grounds did the judge dismiss your case and did he dismiss it with prejudice?
[01:51:50.620 --> 01:51:53.620]  Yes, dismiss it with prejudice.
[01:51:53.620 --> 01:52:01.620]  And just to match every point, I put in the complaint, the judge denied, like saying that
[01:52:01.620 --> 01:52:09.620]  the civil rights of 1964 doesn't state that God installs a place of public accommodation,
[01:52:09.620 --> 01:52:18.620]  that it is just my conclusion and just my imagination, pretty much.
[01:52:18.620 --> 01:52:23.620]  I just can really see that the judge has not been fair.
[01:52:23.620 --> 01:52:27.620]  And the judges aren't required to be fair.
[01:52:27.620 --> 01:52:32.620]  They're required to properly apply the law to the facts.
[01:52:32.620 --> 01:52:38.620]  They need to be fair and not be biased.
[01:52:38.620 --> 01:52:42.620]  They don't have to do something that you perceive as fair.
[01:52:42.620 --> 01:52:45.620]  And they can be biased.
[01:52:45.620 --> 01:52:47.620]  We have case law that says they can.
[01:52:47.620 --> 01:52:52.620]  What they're required to do is properly apply the law to the facts.
[01:52:52.620 --> 01:53:00.620]  Did you get a judgment along with the order dismissing your case?
[01:53:00.620 --> 01:53:07.620]  Yes, there is an order as a background, again, like describing what the case is about.
[01:53:07.620 --> 01:53:11.620]  The standard of the rules of this case, motion to dismiss,
[01:53:11.620 --> 01:53:15.620]  especially the legal sufficiency of the plaintiff's complaint.
[01:53:15.620 --> 01:53:16.620]  Okay, okay, okay.
[01:53:16.620 --> 01:53:20.620]  How long ago did you get this?
[01:53:20.620 --> 01:53:24.620]  November 1st, it was ordered.
[01:53:24.620 --> 01:53:26.620]  I got it a few days after.
[01:53:26.620 --> 01:53:27.620]  Beautiful, beautiful.
[01:53:27.620 --> 01:53:30.620]  You found a notice of intent to appeal.
[01:53:30.620 --> 01:53:36.620]  Or first, did you file a motion for reconsideration?
[01:53:36.620 --> 01:53:40.620]  I filed a motion to vacate.
[01:53:40.620 --> 01:53:43.620]  Is this something worth?
[01:53:43.620 --> 01:53:48.620]  Okay, motion to vacate is essentially a motion for reconsideration.
[01:53:48.620 --> 01:53:59.620]  Did you argue why the, did you take the judge's judgment and brief out the judgment
[01:53:59.620 --> 01:54:05.620]  and show why his application of the law to the facts was inappropriate
[01:54:05.620 --> 01:54:14.620]  and what law he should have applied to the facts to reach the conclusion you want him to reach?
[01:54:14.620 --> 01:54:19.620]  Well, firstly, I started saying that I never received any copies of any of the motions,
[01:54:19.620 --> 01:54:24.620]  the defendant's motions, like I never received motion to dismiss from the beginning,
[01:54:24.620 --> 01:54:29.620]  so I couldn't even oppose it because the judge says it wasn't opposed.
[01:54:29.620 --> 01:54:32.620]  That can get sanctions.
[01:54:32.620 --> 01:54:34.620]  Mm-hmm.
[01:54:34.620 --> 01:54:43.620]  Did they have proof of service included with their motion?
[01:54:43.620 --> 01:54:46.620]  The defendant's, the attorney?
[01:54:46.620 --> 01:54:48.620]  Yes.
[01:54:48.620 --> 01:54:55.620]  At the bottom of their motion, there should be a certificate of service.
[01:54:55.620 --> 01:55:02.620]  I have to give them, is it something I can look on the cost side?
[01:55:02.620 --> 01:55:09.620]  Okay, have you secured a copy of these motions from the clerk?
[01:55:09.620 --> 01:55:12.620]  Yes, mm-hmm, I have them.
[01:55:12.620 --> 01:55:14.620]  Oh, wait a minute, wait a minute.
[01:55:14.620 --> 01:55:18.620]  Were these, these lawyers are filing e-file.
[01:55:18.620 --> 01:55:23.620]  Did the clerk send you copies of these motions timely?
[01:55:23.620 --> 01:55:27.620]  Or did you have to ask for them?
[01:55:27.620 --> 01:55:35.620]  Maybe I have to ask, maybe I can email the clerk and ask because I haven't received anything.
[01:55:35.620 --> 01:55:37.620]  Oh, wow.
[01:55:37.620 --> 01:55:41.620]  Okay, this raises a serious issue.
[01:55:41.620 --> 01:55:47.620]  All of the lawyers are required to file their motions by e-file.
[01:55:47.620 --> 01:55:53.620]  And the clerk is required to serve you with those motions when she gets them.
[01:55:53.620 --> 01:55:55.620]  That's not the attorney's job?
[01:55:55.620 --> 01:55:59.620]  No, not anymore, not with e-file.
[01:55:59.620 --> 01:56:01.620]  The clerk's required to do that.
[01:56:01.620 --> 01:56:05.620]  You may have an issue with the clerk.
[01:56:05.620 --> 01:56:14.620]  This is even better grounds for getting the rulings overturned.
[01:56:14.620 --> 01:56:24.620]  Okay, the issue of whether or not you actually filed an opposition to the Rule 12, did you file an opposition?
[01:56:24.620 --> 01:56:26.620]  No, no.
[01:56:26.620 --> 01:56:33.620]  That's going to get a summary judgment motion.
[01:56:33.620 --> 01:56:39.620]  You need to raise an issue for lack of service from the clerk.
[01:56:39.620 --> 01:56:45.620]  You implicate the clerk, the judge is going to be a lot more amenable.
[01:56:45.620 --> 01:56:58.620]  And then ask for extended time to respond to the Rule 12 motion because of lack of service.
[01:56:58.620 --> 01:57:00.620]  Okay.
[01:57:00.620 --> 01:57:06.620]  What did you argue in your motion to vacate?
[01:57:06.620 --> 01:57:09.620]  Well, so firstly, that I never received any copies.
[01:57:09.620 --> 01:57:12.620]  Secondly, that the judge says that...
[01:57:12.620 --> 01:57:13.620]  Okay, that's enough.
[01:57:13.620 --> 01:57:15.620]  Don't worry about what the judge does.
[01:57:15.620 --> 01:57:18.620]  If the judge ruled, okay, he's ruled against you.
[01:57:18.620 --> 01:57:20.620]  Just file a...
[01:57:20.620 --> 01:57:22.620]  You filed a motion to vacate.
[01:57:22.620 --> 01:57:25.620]  That's essentially your motion for reconsideration.
[01:57:25.620 --> 01:57:33.620]  When he denies that, then you go ahead and appeal. This should be a fairly simple appeal.
[01:57:33.620 --> 01:57:34.620]  Okay.
[01:57:34.620 --> 01:57:36.620]  This is trial by ambush.
[01:57:36.620 --> 01:57:41.620]  Is this a quick estra or just continuation of the same case?
[01:57:41.620 --> 01:57:47.620]  Yeah, no, you just file an appeal with the Court of Appeals on the judge's ruling.
[01:57:47.620 --> 01:57:55.620]  Because his ruling is just positive, so it's time for your appeal. As soon as he...
[01:57:55.620 --> 01:57:59.620]  If he has dismissed with prejudice, you file a motion to vacate.
[01:57:59.620 --> 01:58:05.620]  When he denies the motion to vacate, you need to have an appeal ready.
[01:58:05.620 --> 01:58:07.620]  Okay.
[01:58:07.620 --> 01:58:11.620]  It's on judicial error.
[01:58:11.620 --> 01:58:17.620]  Yes, because this is based on trial by ambush.
[01:58:17.620 --> 01:58:25.620]  You were not noticed of the filings. You should have been noticed by the clerk.
[01:58:25.620 --> 01:58:29.620]  Because the lawyers filed...
[01:58:29.620 --> 01:58:37.620]  If they e-filed with the clerk, then the clerk was required to give you notice.
[01:58:37.620 --> 01:58:42.620]  So you blame the clerk, then they'll come after her and they'll want to fix it.
[01:58:42.620 --> 01:58:46.620]  We are out of time. If you want to talk about this more, call back tomorrow night.
[01:58:46.620 --> 01:59:08.620]  Thank you all for listening. Good night.
[01:59:16.620 --> 01:59:21.620]  This translation is highly accurate.
[01:59:46.620 --> 01:59:59.620]  You're listening to the Logos Radio Network at www.logosradionetwork.com.