[00:00.000 --> 00:05.320]  The Bill of Rights contains the first 10 amendments of our Constitution.
[00:05.320 --> 00:09.360]  They guarantee the specific freedoms Americans should know and protect.
[00:09.360 --> 00:10.840]  Our liberty depends on it.
[00:10.840 --> 00:14.760]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.760 --> 00:16.860]  your First Amendment rights.
[00:16.860 --> 00:18.460]  Privacy is under attack.
[00:18.460 --> 00:22.060]  When you give up data about yourself, you'll never get it back again.
[00:22.060 --> 00:26.840]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.840 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:33.000]  Privacy.
[00:33.000 --> 00:34.600]  It's worth hanging on to.
[00:34.600 --> 00:38.880]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.880 --> 00:42.420]  engine alternative to Google, Yahoo, and Bing.
[00:42.420 --> 00:44.880]  Start over with Startpage.
[00:44.880 --> 00:46.480]  Spar.
[00:46.480 --> 00:47.700]  It's what fighters do.
[00:47.700 --> 00:51.160]  It's also how I remember the five guarantees of the First Amendment.
[00:51.160 --> 00:54.400]  If you plan to take away my rights, I'm going to spar with you.
[00:54.400 --> 01:01.520]  Spar with an extra P. S for speech, P for press, another P for petition, A for assembly,
[01:01.520 --> 01:02.880]  and R for religion.
[01:02.880 --> 01:07.000]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.000 --> 01:08.460]  assembly, and religion.
[01:08.460 --> 01:10.800]  But petition for redress is another matter.
[01:10.800 --> 01:14.520]  We have the right to petition the government for a redress of grievances.
[01:14.520 --> 01:18.040]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.040 --> 01:20.720]  the reasons without fear of being thrown into jail.
[01:20.720 --> 01:22.680]  I'm Dr. Catherine Albrecht.
[01:22.680 --> 01:31.040]  More news and information at CatherineAlbrecht.com.
[01:31.040 --> 01:34.720]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.720 --> 01:38.160]  They guarantee the specific freedoms Americans should know and protect.
[01:38.160 --> 01:39.640]  Our liberty depends on it.
[01:39.640 --> 01:43.540]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.540 --> 01:46.680]  one of your constitutional rights.
[01:46.680 --> 01:48.280]  Privacy is under attack.
[01:48.280 --> 01:51.880]  When you give up data about yourself, you'll never get it back again.
[01:51.880 --> 01:56.640]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.640 --> 02:01.680]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.680 --> 02:04.400]  Privacy, it's worth hanging on to.
[02:04.400 --> 02:08.680]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.680 --> 02:12.240]  engine alternative to Google, Yahoo, and Bing.
[02:12.240 --> 02:14.320]  Start over with StartPage.
[02:14.320 --> 02:20.160]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.160 --> 02:22.240]  of Rights in a big old bear hug.
[02:22.240 --> 02:26.720]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.720 --> 02:30.600]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.600 --> 02:31.600]  Get it?
[02:31.600 --> 02:33.880]  Two arms, bear hug, bear arms?
[02:33.880 --> 02:37.480]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.480 --> 02:38.480]  when he said,
[02:38.480 --> 02:43.660]  "...the right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.660 --> 02:48.760]  one more safeguard against the tyranny which now appears remote in America, but which historically
[02:48.760 --> 02:50.520]  has proved to always be possible."
[02:50.520 --> 02:52.400]  I'm Dr. Catherine Albrecht.
[02:52.400 --> 03:19.440]  More news and information at CatherineAlbrecht.com.
[03:53.000 --> 03:54.600]  Okay, we are back.
[03:54.600 --> 03:56.920]  This is the Rule of Law Radio, Randy Kelton.
[03:56.920 --> 03:57.920]  I'm Brett Fountain.
[03:57.920 --> 04:06.360]  And we're talking this evening, this Friday, June 16th of 2023, we're talking with Vivian
[04:06.360 --> 04:07.360]  in Florida.
[04:07.360 --> 04:15.360]  Vivian, you've just been describing to us, wow, quite a story of what's going on with
[04:15.360 --> 04:20.720]  an RV and it's been parked.
[04:20.720 --> 04:28.200]  Your daughter living there for six months and now everything got stolen.
[04:28.200 --> 04:34.240]  One question that I'm curious about, why would they take all of these things?
[04:34.240 --> 04:39.960]  Why would the owner of the property where the RV was parked, why would they think that
[04:39.960 --> 04:44.600]  they need to go ahead and take all of these things, her car, all of the belongings that
[04:44.600 --> 04:47.320]  were in the RV?
[04:47.320 --> 04:55.240]  You mentioned an oral agreement early on and I'm wondering, is there potentially an alternate
[04:55.240 --> 05:00.640]  interpretation of how that was she's expected to pay rent or something?
[05:00.640 --> 05:12.640]  Well, it was an oral agreement for her to park in this spot, park her camper in this
[05:12.640 --> 05:13.640]  spot.
[05:13.640 --> 05:18.160]  So let's put it that way, park her camper in this spot.
[05:18.160 --> 05:29.660]  But then she said she didn't have a place to live, so she needed to get to live in it.
[05:29.660 --> 05:32.080]  They said, okay, and they've done this to others too.
[05:32.080 --> 05:34.120]  They do this to others too.
[05:34.120 --> 05:40.800]  So she lived in it all that time without any amenities.
[05:40.800 --> 05:48.800]  And then he came to her oral agreement and said, since you're having to get your water,
[05:48.800 --> 05:58.160]  it's so cold, you have to use your car to generate heat, air conditioning, whatever
[05:58.160 --> 06:00.540]  in your RV.
[06:00.540 --> 06:02.440]  You don't have any lights, blah, blah, blah.
[06:02.440 --> 06:06.500]  You can't cook because all of this was, it was connected to her car.
[06:06.500 --> 06:09.180]  We're looking at for per person here.
[06:09.180 --> 06:12.480]  And so she was, and she had generator.
[06:12.480 --> 06:17.520]  He said, you do not have to have to pay anything anymore.
[06:17.520 --> 06:19.300]  A lot should become unavailable.
[06:19.300 --> 06:24.200]  So he kept on saying a lot would be coming available.
[06:24.200 --> 06:27.360]  Then this is not the first time this has happened.
[06:27.360 --> 06:31.960]  It's just the first time somebody is pursuing this.
[06:31.960 --> 06:39.760]  So he falsified, he didn't want her there, I guess, because she wasn't paying rent, because
[06:39.760 --> 06:40.760]  she wasn't paying.
[06:40.760 --> 06:43.960]  So why would he be telling her, you don't have to pay anything?
[06:43.960 --> 06:50.240]  Well, he's a person that doesn't really address people.
[06:50.240 --> 06:52.720]  So he let her be there.
[06:52.720 --> 07:00.440]  And I mean, I don't know, I can't say exactly what happened, except that she said, well,
[07:00.440 --> 07:02.820]  you said you were going to give me a lot.
[07:02.820 --> 07:11.400]  So what they did is they trespassed her, but he also had a piece that she could mail her.
[07:11.400 --> 07:14.160]  She mailed something there by UPS.
[07:14.160 --> 07:17.280]  He gave her some food over there.
[07:17.280 --> 07:26.000]  Did something happen in between this two different, very dramatically different kinds of behavior
[07:26.000 --> 07:27.160]  he was exhibiting?
[07:27.160 --> 07:34.600]  Was there some sort of, I don't know, maybe some sexual advances, or he was being hopeful
[07:34.600 --> 07:36.840]  or she disappointed him?
[07:36.840 --> 07:39.760]  This seems like a really dramatic flip.
[07:39.760 --> 07:51.880]  Oh, well, this person has, this person, I looked at all court files, and there's plenty
[07:51.880 --> 07:54.440]  of people that this happens to.
[07:54.440 --> 07:59.160]  And he gets, and people get very mad, like for instance, the person threw a shovel at
[07:59.160 --> 08:00.160]  him.
[08:00.160 --> 08:05.840]  So what he, and he was mad because he said, when are you going to give me a lot to move
[08:05.840 --> 08:06.840]  in?
[08:06.840 --> 08:09.560]  You said you were going to give me a lot.
[08:09.560 --> 08:16.280]  And then most recently, another person, they just jumped up on the rent, well, most recently,
[08:16.280 --> 08:20.120]  it's been within the last six months, they jumped up on rent.
[08:20.120 --> 08:23.360]  And the person said, no, I have, this one had a written agreement.
[08:23.360 --> 08:28.840]  Well, what they did is when she was gone, they moved somebody in her camper that she
[08:28.840 --> 08:29.840]  was renting from them.
[08:29.840 --> 08:32.840]  And that went to court.
[08:32.840 --> 08:42.120]  There's drugs involved in this place, and this guy wants to pocket all the money.
[08:42.120 --> 08:46.440]  Oh, and he does get campers this way, and then he moves other people in.
[08:46.440 --> 08:53.200]  For instance, her camper now is earning $400 a month from a person that is living in it
[08:53.200 --> 08:59.520]  on his land.
[08:59.520 --> 09:08.200]  It was told when I made the police write a grand theft report, her car had been tractor
[09:08.200 --> 09:17.160]  towed within the hours of that one day with a rope in a tractor, moved it out of the spot.
[09:17.160 --> 09:24.520]  And when I had the grand theft report written three months later, they said they sold it
[09:24.520 --> 09:26.960]  and they have bills of sale.
[09:26.960 --> 09:29.160]  And they decided to dispose the property.
[09:29.160 --> 09:34.440]  How do they have a bill of sale?
[09:34.440 --> 09:41.120]  They didn't have, they didn't own it.
[09:41.120 --> 09:45.320]  Did they go through a process, some kind of a judicial process to...
[09:45.320 --> 09:48.960]  Become the new owner?
[09:48.960 --> 10:00.560]  No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no.
[10:00.560 --> 10:01.560]  I know.
[10:01.560 --> 10:02.560]  Okay.
[10:02.560 --> 10:03.560]  So wait a minute.
[10:03.560 --> 10:05.520]  They sold this car with no title.
[10:05.520 --> 10:06.520]  Right.
[10:06.520 --> 10:08.240]  It's still on the lot.
[10:08.240 --> 10:09.960]  They sold it with no title.
[10:09.960 --> 10:10.960]  Yeah.
[10:10.960 --> 10:19.600]  Have you checked to see if they petitioned for a mechanic's lien and a mechanic's title?
[10:19.600 --> 10:24.120]  No, I did not.
[10:24.120 --> 10:25.840]  I don't think they did.
[10:25.840 --> 10:31.800]  It is sitting in the back of their property in a mess of muck.
[10:31.800 --> 10:35.880]  It is not running at all.
[10:35.880 --> 10:37.920]  No.
[10:37.920 --> 10:44.240]  And we went to the Registry of Motor Vehicles and nothing's been done.
[10:44.240 --> 10:47.480]  It's still saying that it's hers.
[10:47.480 --> 10:50.040]  So they used a tractor to tow it.
[10:50.040 --> 10:53.320]  But the title is still in her name.
[10:53.320 --> 10:56.680]  So was it running at the time?
[10:56.680 --> 11:01.240]  It sounded like it was running when she was living there.
[11:01.240 --> 11:02.240]  She was using...
[11:02.240 --> 11:10.160]  Well, when they towed it, they broke the steer, see, because they towed it and it was in part.
[11:10.160 --> 11:15.360]  They broke the whole steering mechanism of the car.
[11:15.360 --> 11:16.360]  Wow.
[11:16.360 --> 11:22.760]  So then they just made up a bill of sale, just faked it to make it look like it was
[11:22.760 --> 11:27.520]  sold, but it's actually still sitting in their mud puddle in the back.
[11:27.520 --> 11:33.080]  Yes, I think that they probably sold it to somebody that maybe is going to use it for
[11:33.080 --> 11:34.080]  parks.
[11:34.080 --> 11:39.160]  I mean, the motor was fantastic and it was an old car, but the motor's fantastic.
[11:39.160 --> 11:40.600]  Yeah.
[11:40.600 --> 11:46.240]  But, I mean...
[11:46.240 --> 11:50.480]  What did the owner of the park tell the police?
[11:50.480 --> 11:55.080]  It's not a park.
[11:55.080 --> 11:56.760]  The owner of the park...
[11:56.760 --> 11:59.440]  Whatever it is, the property.
[11:59.440 --> 12:03.840]  What did they tell the police when you made the complaint?
[12:03.840 --> 12:04.840]  Okay.
[12:04.840 --> 12:13.280]  It looks like they initially called it in and said that she was a squatter, okay, a
[12:13.280 --> 12:14.280]  squatter.
[12:14.280 --> 12:24.240]  Now, what I have most recently learned, which is perhaps hearsay from one of the defendants
[12:24.240 --> 12:36.680]  that said they all lied to him and he wants to have justice for her, but he said that
[12:36.680 --> 12:44.160]  when the police went to see him, he showed them old information that said the land was
[12:44.160 --> 12:51.640]  his, and he told them, just told them that the camper was his.
[12:51.640 --> 12:54.640]  Oh, wow.
[12:54.640 --> 12:59.920]  Oh yeah, I've got to sue the police department too, because you know what?
[12:59.920 --> 13:07.280]  They lost, they purged all the body cams from, they purged the body cams before I could even
[13:07.280 --> 13:08.280]  get ahold of them.
[13:08.280 --> 13:12.520]  I didn't know that they purged them, but I don't even have that part.
[13:12.520 --> 13:19.240]  But I want you to know that it seems like at this point they have acknowledged that
[13:19.240 --> 13:20.240]  they took it.
[13:20.240 --> 13:22.680]  That's what it seems like at this point.
[13:22.680 --> 13:26.760]  They're not fighting that it's not hers.
[13:26.760 --> 13:31.360]  There's no fight that it's not hers.
[13:31.360 --> 13:35.040]  They're just claiming that they had grounds to take it.
[13:35.040 --> 13:36.040]  Yes.
[13:36.040 --> 13:37.040]  Because she...
[13:37.040 --> 13:39.480]  Then why are they not giving it back?
[13:39.480 --> 13:40.480]  It's abandoned.
[13:40.480 --> 13:47.160]  Now that's what they're using now, that it's abandoned, but on that day, like let's say
[13:47.160 --> 13:51.960]  she was gone by 10 o'clock, we arrived at two o'clock.
[13:51.960 --> 13:53.880]  Other family arrived at 12 o'clock.
[13:53.880 --> 13:59.400]  We arrived at like, let's say two o'clock, and they said, it's abandoned property, abandoned
[13:59.400 --> 14:00.400]  property.
[14:00.400 --> 14:02.800]  I said, no, it's not abandoned.
[14:02.800 --> 14:04.120]  You had the police take her out.
[14:04.120 --> 14:05.120]  It's not abandoned.
[14:05.120 --> 14:06.120]  She's been living in it.
[14:06.120 --> 14:09.680]  This is not abandoned.
[14:09.680 --> 14:11.640]  But they called it abandoned.
[14:11.640 --> 14:12.640]  Okay.
[14:12.640 --> 14:19.000]  So did it, okay, this is in front of a small claims court?
[14:19.000 --> 14:23.200]  Right now, no, it is no longer in small claims court.
[14:23.200 --> 14:31.520]  What I did, because when I found out that they sold it and everything, I took it to...
[14:31.520 --> 14:32.520]  Hold on.
[14:32.520 --> 14:33.520]  Stop, stop.
[14:33.520 --> 14:35.880]  New information.
[14:35.880 --> 14:41.520]  When I found out they sold it, are you saying they sold the camper?
[14:41.520 --> 14:44.120]  Yeah, they sold the camper.
[14:44.120 --> 14:45.120]  They sold the car.
[14:45.120 --> 14:46.120]  Oh, wow.
[14:46.120 --> 14:47.120]  That's...
[14:47.120 --> 14:48.120]  Okay.
[14:48.120 --> 14:49.120]  What?
[14:49.120 --> 14:50.120]  Okay.
[14:50.120 --> 14:52.200]  This is way, way too confusing.
[14:52.200 --> 15:01.600]  You need to write up a timeline, a list of what happened and when.
[15:01.600 --> 15:03.600]  Oh, I haven't got all that.
[15:03.600 --> 15:06.280]  I've got it right now in my head.
[15:06.280 --> 15:12.640]  And your head is not helpful because what happens when you try to tell this story is
[15:12.640 --> 15:19.480]  you jump from one mental high point to the next, to the next, to the next, and you wind
[15:19.480 --> 15:22.600]  up skipping over a whole lot of information.
[15:22.600 --> 15:28.280]  That last piece of information, that should have come out a long time ago, because that
[15:28.280 --> 15:29.280]  changes everything.
[15:29.280 --> 15:30.280]  It has.
[15:30.280 --> 15:31.280]  It has.
[15:31.280 --> 15:32.280]  It has.
[15:32.280 --> 15:34.680]  You need this in line.
[15:34.680 --> 15:38.560]  We will look at it differently than you do.
[15:38.560 --> 15:42.880]  You look at it from the perspective of a participant.
[15:42.880 --> 15:48.320]  We'll look at it from the perspective of the standing law.
[15:48.320 --> 15:55.840]  And there are likely to be pieces of information that we need that you won't know we need.
[15:55.840 --> 15:57.200]  That's why we need a timeline.
[15:57.200 --> 16:02.360]  We need to know what happened and in what order it happened.
[16:02.360 --> 16:08.960]  You spent all this time telling us this, and I still barely understand what's going on
[16:08.960 --> 16:09.960]  here.
[16:09.960 --> 16:16.240]  She was allowed to put this camper on this property waiting for a lot that didn't charge
[16:16.240 --> 16:18.260]  you anything for it.
[16:18.260 --> 16:27.300]  She lived in it without amenities, and then they came along and confiscated the camper.
[16:27.300 --> 16:32.600]  And then they sold it along with their car, which they damaged, and they sold the car.
[16:32.600 --> 16:34.600]  Is that substantially correct?
[16:34.600 --> 16:35.600]  Yeah.
[16:35.600 --> 16:36.600]  Yeah.
[16:36.600 --> 16:37.600]  Okay.
[16:37.600 --> 16:45.320]  When we come back, let's go to the civil action, how it started and how it ended.
[16:45.320 --> 16:53.720]  This is Randy Kelton, Brett Fountain, Rule of Law Radio, a call in number 512-646-1984.
[16:53.720 --> 17:00.120]  We'll be right back.
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[19:13.760 --> 19:14.760]  Well, don't let nothing get to you.
[19:14.760 --> 19:15.760]  Only the Father can deliver you.
[19:15.760 --> 19:16.760]  So don't let bad-minded people hurt you.
[19:16.760 --> 19:17.760]  And tell Satan, get behind you.
[19:17.760 --> 19:18.760]  Know what I mean?
[19:18.760 --> 19:19.760]  My friend, knowledge of children.
[19:19.760 --> 19:20.760]  Come, don't let them hurt you.
[19:20.760 --> 19:21.760]  Come, don't let them hurt you.
[19:21.760 --> 19:29.760]  Come, don't let them hurt you.
[19:29.760 --> 19:42.760]  Come, don't let them hurt you.
[19:42.760 --> 19:52.760]  Come, don't let them hurt you.
[19:52.760 --> 20:07.760]  Come, don't let them hurt you.
[20:07.760 --> 20:21.760]  Come, don't let them hurt you.
[20:21.760 --> 20:34.760]  Come, don't let them hurt you.
[20:34.760 --> 20:36.920]  Chris, I see you there, don't go away.
[20:36.920 --> 20:38.040]  We're gonna get to you.
[20:38.960 --> 20:43.960]  Vivian, sometimes when people have been in the fight
[20:44.480 --> 20:49.480]  too long, it stops being about the issues
[20:50.320 --> 20:52.180]  and starts being about the fight.
[20:53.720 --> 20:55.640]  And I'm getting that impression.
[20:55.640 --> 20:57.480]  Have you went to these people
[20:57.480 --> 21:01.240]  to try to negotiate a settlement?
[21:01.240 --> 21:06.240]  I have not, I am at that point now because of the last
[21:10.980 --> 21:15.980]  civil, what is it, the civil theft demand letter
[21:17.220 --> 21:21.260]  that I sent, so what I was going to do
[21:21.260 --> 21:24.100]  is have the judge make a ruling for them to pay.
[21:24.100 --> 21:29.100]  Well, why don't you consider asking the judge
[21:33.700 --> 21:35.180]  to order mediation?
[21:37.540 --> 21:41.260]  Oh, okay, because what it is is we're dealing,
[21:41.260 --> 21:44.860]  and I don't know what mediation would do,
[21:44.860 --> 21:49.860]  but he said that they said they'd like to close it out
[21:49.860 --> 21:51.940]  that they said they'd like to close it out
[21:51.940 --> 21:53.700]  about September or October,
[21:53.700 --> 21:56.740]  and maybe that we should probably go to mediation.
[21:56.740 --> 22:00.580]  But he told me to write another civil demand letter.
[22:00.580 --> 22:04.940]  And so that just, 30 days just went by on that.
[22:04.940 --> 22:06.180]  Okay, hold on, hold on.
[22:06.180 --> 22:10.300]  You are jumping all over the place.
[22:10.300 --> 22:13.020]  Yeah, I know, I'm so sorry.
[22:13.020 --> 22:15.420]  Yeah, this is why we need a timeline.
[22:16.580 --> 22:18.820]  Okay, do you want me to give you the timeline?
[22:18.820 --> 22:20.700]  No, do not give me a timeline.
[22:20.700 --> 22:23.460]  You can't give me a timeline off the top of your head.
[22:24.340 --> 22:25.460]  Oh, yeah.
[22:25.460 --> 22:28.040]  That's the very reason we need a timeline.
[22:29.140 --> 22:29.980]  It's all right.
[22:29.980 --> 22:30.800]  Because.
[22:30.800 --> 22:31.640]  I can pull it up.
[22:33.460 --> 22:35.180]  Then send it to me.
[22:37.500 --> 22:40.020]  Now, what I need is not argument,
[22:41.420 --> 22:44.220]  just this happened, then this happened,
[22:44.220 --> 22:45.340]  then this happened.
[22:45.340 --> 22:49.300]  Then when you start talking about what's going on,
[22:49.300 --> 22:51.660]  I can look in the timeline
[22:51.660 --> 22:54.260]  and pretty well know where you're at.
[22:54.260 --> 22:57.540]  And when Brett and I start looking at the timeline
[22:58.500 --> 23:01.780]  and look at what happened and then what happened next,
[23:01.780 --> 23:04.300]  there'll be places where things should have happened
[23:04.300 --> 23:07.700]  in between to connect these things together
[23:07.700 --> 23:09.900]  that you forget to tell us.
[23:09.900 --> 23:13.180]  Because you tend to pay attention to the highlights.
[23:13.180 --> 23:17.700]  And we tend to pay attention to the humdrum,
[23:17.700 --> 23:20.960]  more mediocre stuff that goes to point of law.
[23:22.940 --> 23:25.400]  So can you send us a timeline?
[23:25.400 --> 23:27.780]  This is not moving very well,
[23:27.780 --> 23:32.780]  but this thing about mediation.
[23:32.940 --> 23:34.700]  So they've asked for mediation.
[23:34.700 --> 23:36.780]  Have you objected to mediation?
[23:38.260 --> 23:40.220]  No, they haven't asked.
[23:40.220 --> 23:43.320]  And we don't have the money to pay for mediation.
[23:47.260 --> 23:49.260]  You don't have to have a mediator.
[23:49.260 --> 23:51.900]  You just sit down and.
[23:53.540 --> 23:56.060]  Yeah, he's not talking about getting somebody
[23:56.060 --> 23:58.940]  to be in the middle of it.
[23:58.940 --> 24:00.900]  That's one way to do mediation,
[24:00.900 --> 24:03.360]  but also you can just talk to the other party.
[24:05.820 --> 24:08.500]  Okay, and if I do that,
[24:08.500 --> 24:13.500]  and the second beneficiary saw me in the library
[24:16.260 --> 24:21.260]  and they wanted to offer only $5,000 and say bye-bye.
[24:23.380 --> 24:25.980]  But that wasn't a mediation, obviously.
[24:28.940 --> 24:33.940]  What would be the least acceptable outcome
[24:33.940 --> 24:38.940]  you could deal with after two years of being homeless?
[24:42.420 --> 24:43.500]  No, no, no, no, no.
[24:43.500 --> 24:45.160]  You can't do it that way.
[24:46.860 --> 24:48.180]  Liability is involved.
[24:48.180 --> 24:50.900]  It has to come to a dollar amount
[24:50.900 --> 24:55.560]  instead of a bunch of your thought processes
[24:55.560 --> 24:57.940]  that build up to that dollar amount.
[24:57.940 --> 25:01.780]  Okay, the dollar amount is $78,000
[25:01.780 --> 25:05.380]  because I figured everything up
[25:05.380 --> 25:10.120]  and I used the treble, treble the damages.
[25:13.140 --> 25:15.060]  This is small claims.
[25:15.860 --> 25:16.700]  I know you can't.
[25:16.700 --> 25:17.540]  Circuit civil.
[25:19.260 --> 25:22.240]  Okay, are you in the small claims court
[25:22.240 --> 25:24.820]  or are you in the district civil court?
[25:24.820 --> 25:25.660]  I am in the district civil court.
[25:25.660 --> 25:27.900]  She's saying circuit civil.
[25:27.900 --> 25:32.900]  I think she means it's on step above county.
[25:33.180 --> 25:36.460]  Okay, have you filed a civil lawsuit against him?
[25:37.820 --> 25:39.140]  Yeah, yes.
[25:40.180 --> 25:41.780]  Oh, okay.
[25:41.780 --> 25:42.940]  Ah.
[25:42.940 --> 25:45.400]  I thought you were in the small claims.
[25:46.300 --> 25:48.380]  This is why we need a timeline.
[25:48.380 --> 25:49.860]  This is so confusing.
[25:50.620 --> 25:55.620]  No, the small claims was filed on 10-15 of 21,
[25:55.620 --> 26:00.000]  and then a grand theft report was written on 11-20-21.
[26:01.740 --> 26:06.340]  And then 7-25 is when I refiled in circuit civil.
[26:07.900 --> 26:12.900]  On 7-26, the trustee put in to the,
[26:16.020 --> 26:21.020]  to his, a different judge to sell the property.
[26:23.100 --> 26:24.300]  I mean, there's more.
[26:24.300 --> 26:26.260]  I put a les pendants on it.
[26:28.820 --> 26:29.660]  And then-
[26:29.660 --> 26:32.260]  Wait, you put a les pendants on what?
[26:32.260 --> 26:36.580]  On the properties that they, on their property,
[26:36.580 --> 26:39.260]  all the parcels of land where she was at.
[26:39.260 --> 26:44.260]  Oh, you put a les pendants on the entire property they own?
[26:45.100 --> 26:47.500]  On the entire trust of the land, yes.
[26:49.980 --> 26:53.340]  So they haven't questioned me about that at all.
[26:53.340 --> 26:54.980]  Not at all.
[26:56.180 --> 26:57.620]  They don't want to talk to me.
[26:58.780 --> 27:00.700]  So what did you sue them for?
[27:00.700 --> 27:02.380]  What was the amount you claimed?
[27:03.740 --> 27:07.540]  Well, just the amount for the property damage, $78,000.
[27:08.940 --> 27:13.460]  And I was going for the liability portion of it,
[27:13.460 --> 27:15.460]  you know, minimum of $35,000.
[27:15.460 --> 27:17.660]  I didn't know what to do at that time.
[27:17.660 --> 27:20.080]  I've never done anything like this before.
[27:20.080 --> 27:24.080]  Of course, I want to change it now.
[27:24.080 --> 27:26.840]  I want to go up on the liability, if that's possible.
[27:29.120 --> 27:32.240]  Well, how do you get to $78,000?
[27:33.640 --> 27:38.640]  What I did is I took the initial value of her camper
[27:38.640 --> 27:43.640]  and what it was at the time in 21.
[27:45.160 --> 27:50.160]  Then I did the same thing for the car, the value in 21.
[27:51.520 --> 27:56.520]  And then her, she had a property that was valued,
[27:57.960 --> 28:00.040]  the Grand Theft property that was listed
[28:00.040 --> 28:02.880]  came up to about $15,000.
[28:02.880 --> 28:05.880]  And then I took the same thing for the car,
[28:05.880 --> 28:09.320]  that was listed came up to about $15,000.
[28:10.400 --> 28:13.280]  So then I took those figures
[28:13.280 --> 28:16.460]  and then I multiplied it times three
[28:16.460 --> 28:19.320]  because nobody is getting back to me.
[28:20.240 --> 28:22.480]  So I multiply it times three
[28:22.480 --> 28:25.640]  because of applying the statute
[28:25.640 --> 28:27.720]  where you can get treble the damages.
[28:27.720 --> 28:28.640]  So it can't comes up.
[28:28.640 --> 28:31.080]  Okay, what statute was that?
[28:31.080 --> 28:32.680]  Was it a fraud statute?
[28:32.680 --> 28:36.680]  What was your cause of action?
[28:40.400 --> 28:45.200]  Oh my, I did not know how to write this quite well.
[28:45.200 --> 28:48.600]  Okay, that should not have gotten an oh my.
[28:48.600 --> 28:51.880]  They told me to take that section three out
[28:51.880 --> 28:55.280]  that I'm talking to you about right now.
[28:55.280 --> 28:58.960]  The civil theft portion, they told me to take it out
[28:58.960 --> 29:03.960]  because they said I was applying something else.
[29:06.720 --> 29:09.720]  I'm kind of old, I don't know what it is.
[29:09.720 --> 29:11.320]  Anyway, and the judge says,
[29:11.320 --> 29:14.480]  go ahead and send them a civil demand,
[29:14.480 --> 29:16.560]  civil theft demand letter.
[29:16.560 --> 29:19.440]  So that's what I sent it out for, $78,000.
[29:20.560 --> 29:23.680]  It sounds like maybe the judge recognized
[29:23.680 --> 29:26.080]  that you didn't know how to pick a cause of action
[29:26.080 --> 29:29.720]  or how to set this suit up.
[29:29.720 --> 29:31.640]  And so he's kind of giving you another chance
[29:31.640 --> 29:36.640]  to just try again with a tort letter,
[29:37.320 --> 29:41.720]  then you can try to get them to make you whole
[29:43.000 --> 29:45.520]  because you don't even know how to sue them.
[29:45.520 --> 29:48.200]  But he realizes that you need to.
[29:49.280 --> 29:50.920]  And we're about to go to our sponsors
[29:50.920 --> 29:52.960]  and we'll speak to this when we come back
[29:52.960 --> 29:57.360]  about how to craft a civil action so that it will float.
[29:57.360 --> 29:59.920]  Randy Kelton, Brett Fountain, we'll be right back.
[30:00.800 --> 30:03.560]  Everyone knows that walking is great exercise,
[30:03.560 --> 30:05.640]  but you might not know that the way you walk
[30:05.640 --> 30:08.360]  could predict how long you're going to live.
[30:08.360 --> 30:10.840]  I'm Dr. Catherine Albrecht and I'll be back to tell you more
[30:10.840 --> 30:14.160]  about walking prognostication in just a moment.
[30:14.160 --> 30:16.160]  Privacy is under attack.
[30:16.160 --> 30:18.000]  When you give up data about yourself,
[30:18.000 --> 30:19.720]  you'll never get it back again.
[30:19.720 --> 30:21.520]  And once your privacy is gone,
[30:21.520 --> 30:24.520]  you'll find your freedoms will start to vanish too.
[30:24.520 --> 30:27.400]  So protect your rights, say no to surveillance
[30:27.400 --> 30:29.760]  and keep your information to yourself.
[30:29.760 --> 30:32.320]  Privacy, it's worth hanging on to.
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[30:43.400 --> 30:45.640]  New research shows how fast you walk
[30:45.640 --> 30:47.880]  could predict how long you're going to live.
[30:47.880 --> 30:50.560]  The Journal of the American Medical Association reports
[30:50.560 --> 30:54.000]  that older adults who walk one meter per second or faster
[30:54.000 --> 30:55.640]  live longer than expected.
[30:55.640 --> 30:57.760]  In case you're wondering, one meter per second
[30:57.760 --> 31:00.120]  is about two and a quarter miles per hour.
[31:00.120 --> 31:02.680]  A senior's age, gender and walking speed
[31:02.680 --> 31:04.840]  were as good at predicting life expectancy
[31:04.840 --> 31:07.160]  as more traditional statistical measures.
[31:07.160 --> 31:10.040]  Generally speaking, faster walkers live longer.
[31:10.040 --> 31:12.880]  Measuring walking speed is quick and inexpensive.
[31:12.880 --> 31:14.400]  It only takes a stopwatch,
[31:14.400 --> 31:16.360]  some space to walk in a few minutes.
[31:16.360 --> 31:18.800]  Researchers say it could help doctors identify
[31:18.800 --> 31:21.520]  older patients who need special care.
[31:21.520 --> 31:22.720]  I'm Dr. Catherine Albrecht.
[31:22.720 --> 31:25.880]  More news and information at CatherineAlbrecht.com.
[31:30.400 --> 31:31.320]  I lost my son.
[31:31.320 --> 31:32.160]  My nephew.
[31:32.160 --> 31:33.000]  My uncle.
[31:33.000 --> 31:33.820]  My son.
[31:33.820 --> 31:34.840]  On September 11th, 2001.
[31:34.840 --> 31:37.200]  Most people don't know that a third tower
[31:37.200 --> 31:38.520]  fell on September 11th.
[31:38.520 --> 31:41.600]  World Trade Center 7, a 47 story skyscraper
[31:41.600 --> 31:42.800]  was not hit by a plane.
[31:42.800 --> 31:44.520]  Although the official explanation
[31:44.520 --> 31:46.560]  is that fire brought down Building 7.
[31:46.560 --> 31:49.440]  Over 1,200 architects and engineers
[31:49.440 --> 31:50.440]  have looked into the evidence.
[31:50.440 --> 31:52.360]  And believe there is more to the story.
[31:52.360 --> 31:53.880]  Bring justice to my son.
[31:53.880 --> 31:54.720]  My uncle.
[31:54.720 --> 31:55.560]  My nephew.
[31:55.560 --> 31:56.380]  My son.
[31:56.380 --> 31:57.720]  Go to buildingwhat.org.
[31:57.720 --> 32:00.480]  Why it fell, why it matters, and what you can do.
[32:01.680 --> 32:04.480]  Are you looking to have a closer relationship with God
[32:04.480 --> 32:06.800]  and a better understanding of his word?
[32:06.800 --> 32:09.880]  Then tune in to logosradionetwork.com on Wednesdays
[32:09.880 --> 32:13.120]  from eight to 10 p.m. central time for scripture talk,
[32:13.120 --> 32:15.640]  where Nana and her guests discuss the scriptures
[32:15.640 --> 32:18.360]  in accord with 2 Timothy 2.15.
[32:18.360 --> 32:20.720]  Study to show thyself approved unto God,
[32:20.720 --> 32:22.840]  a workman that needed not to be ashamed,
[32:22.840 --> 32:25.280]  rightly dividing the word of truth.
[32:25.280 --> 32:27.760]  Starting in January, our first hour studies
[32:27.760 --> 32:30.320]  are in the Book of Mark, where we'll go verse by verse
[32:30.320 --> 32:32.840]  and discuss the true gospel message.
[32:32.840 --> 32:35.680]  Our second hour topical studies will vary each week
[32:35.680 --> 32:37.560]  with discussions on sound doctrine
[32:37.560 --> 32:39.840]  and Christian character development.
[32:39.840 --> 32:42.360]  We wish to reflect God's light and be a blessing
[32:42.360 --> 32:44.360]  to all those with a hearing ear.
[32:44.360 --> 32:46.240]  Our goal is to strengthen our faith
[32:46.240 --> 32:48.880]  and to transform ourselves more into the likeness
[32:48.880 --> 32:50.920]  of our Lord and Savior, Jesus.
[32:50.920 --> 32:54.640]  So tune in to scripture talk live on logosradionetwork.com
[32:54.640 --> 32:56.840]  Wednesdays from eight to 10 p.m.
[32:56.840 --> 33:00.080]  to inspire and motivate your studies of the scriptures.
[33:02.440 --> 33:06.760]  Live free speech radio, logosradionetwork.com.
[33:06.760 --> 33:09.520]  Lyrics by Doris Dewald product review
[33:36.760 --> 33:54.360]  I won't let you pull the wool over my eyes I simply must refuse your news, all soaked
[33:54.360 --> 34:01.560]  up in lies It seems you like the fed, but please take
[34:01.560 --> 34:08.560]  some words to the wise Please stop trying to pull the wool over my eyes
[34:08.560 --> 34:09.560]  Okay, we are back.
[34:09.560 --> 34:13.320]  Randy Kelcom, Bret Mountain, Wheel of Law Radio.
[34:13.320 --> 34:17.560]  And we're talking to Vivian in Florida.
[34:17.560 --> 34:26.240]  And Vivian, if you're going to take a civil action, civil action and criminal actions
[34:26.240 --> 34:32.720]  are somewhat the same and they're based on specific claims.
[34:32.720 --> 34:39.560]  In a criminal action, the claim is that someone violated a penal statute.
[34:39.560 --> 34:49.480]  In a civil action, it's that someone created a cause of action or a tort.
[34:49.480 --> 34:55.920]  If you're walking down the street and I throw a dead fish out the window and it whacks you
[34:55.920 --> 34:58.160]  upside the head, that's a tort.
[34:58.160 --> 34:59.560]  It creates a tort.
[34:59.560 --> 35:02.220]  There's no contract involved.
[35:02.220 --> 35:12.120]  If there's any kind of a contract involved, then you get into the realm of causes of action.
[35:12.120 --> 35:21.200]  So if you sue someone, you have to sue them for one of the defined causes of action.
[35:21.200 --> 35:28.880]  And what I'm hearing here sounds like fraud, sounds like common law fraud.
[35:28.880 --> 35:37.080]  I'm looking it up here, 281, and I've got a litigation guide.
[35:37.080 --> 35:46.600]  You might talk to some lawyers and ask a lawyer, tell them that you're homeschooling your grandkids
[35:46.600 --> 35:55.360]  and you want to do a course on law, and ask them what are the primary litigation guides
[35:55.360 --> 35:59.320]  that lawyers in Florida use.
[35:59.320 --> 36:03.640]  In Texas, the primary litigation guide is O'Connor's.
[36:03.640 --> 36:08.460]  And here I'm looking at O'Connor's causes of action.
[36:08.460 --> 36:15.060]  And what they are is kind of the short course for law.
[36:15.060 --> 36:20.320]  And here I'm looking at common law fraud.
[36:20.320 --> 36:28.280]  In each cause of action, there will be a set of elements to the cause of action, defined
[36:28.280 --> 36:37.680]  elements, and you must plead and prove each one of them.
[36:37.680 --> 36:42.080]  What was the cause of action you claimed in your case?
[36:42.080 --> 36:47.480]  Well, since the case was so long, I can't even tell you right now.
[36:47.480 --> 36:56.000]  I know for this particular portion, for this particular portion, it says, hence the value
[36:56.000 --> 37:04.840]  of the damages on the Florida statute, section 772.11, it was fulfilled.
[37:04.840 --> 37:08.320]  The damages are 77 to 10.
[37:08.320 --> 37:09.320]  So I claimed-
[37:09.320 --> 37:12.840]  Okay, that's just claiming damages.
[37:12.840 --> 37:15.120]  You have to claim a cause of action.
[37:15.120 --> 37:17.800]  Let me demonstrate a cause of action.
[37:17.800 --> 37:21.520]  Cause of action for common law fraud.
[37:21.520 --> 37:22.520]  These are the elements.
[37:22.520 --> 37:28.840]  You must claim and prove each of these elements to have a claim for fraud.
[37:28.840 --> 37:36.920]  The defendant made a representation to plaintiff, and in your case, you said there was an oral
[37:36.920 --> 37:44.920]  agreement, though the defendant made a representation that she could leave her camper here at no
[37:44.920 --> 37:45.920]  cost.
[37:45.920 --> 37:49.640]  The representation was material.
[37:49.640 --> 37:52.880]  It mattered to the situation going on.
[37:52.880 --> 37:56.520]  The representation was false.
[37:56.520 --> 38:03.320]  The defendant made the representation, when the defendant made the representation, the
[38:03.320 --> 38:08.120]  defendant knew the representation was false, or made the representation recklessly as a
[38:08.120 --> 38:12.680]  positive assertion and without knowledge of its truth.
[38:12.680 --> 38:20.880]  The defendant made the representation with the intent that plaintiff act on it.
[38:20.880 --> 38:28.520]  The plaintiff relied on the representation, the representation caused plaintiff's injury.
[38:28.520 --> 38:34.560]  That sounds like what's going on here.
[38:34.560 --> 38:36.520]  This is how you would claim it.
[38:36.520 --> 38:41.400]  You would have to claim each one of these elements.
[38:41.400 --> 38:48.080]  Just in that general way, like he's saying, you need to say that, but then you also need
[38:48.080 --> 38:49.080]  to say how.
[38:49.080 --> 38:58.480]  The defendant made a representation that your granddaughter could leave her camper here
[38:58.480 --> 39:07.280]  on this property at no cost and live in it while they were developing her a lot to put
[39:07.280 --> 39:10.880]  it on.
[39:10.880 --> 39:14.480]  The representation was material.
[39:14.480 --> 39:19.720]  Had he not made this representation, she would not have put her camper here and left it here
[39:19.720 --> 39:25.120]  all this time waiting for this lot to be procured.
[39:25.120 --> 39:27.720]  The representation was false.
[39:27.720 --> 39:33.040]  The defendant had a secondary reason.
[39:33.040 --> 39:37.240]  They talked her into leaving this here all this time so that they could steal the camper
[39:37.240 --> 39:40.120]  from her.
[39:40.120 --> 39:43.960]  The defendant knew the representation was false when he made it because this is a plan
[39:43.960 --> 39:44.960]  they have.
[39:44.960 --> 39:51.680]  This is something they do consistently to her and to other people.
[39:51.680 --> 39:56.680]  The defendant made the representation recklessly or as a positive assertion without knowledge
[39:56.680 --> 39:57.880]  of its truth.
[39:57.880 --> 40:02.120]  It has to be one of these others who he knew the representation was false.
[40:02.120 --> 40:07.000]  The defendant made the representation with the intent that the plaintiff act on it.
[40:07.000 --> 40:12.200]  He made that representation so that she would leave her camper here where he would have
[40:12.200 --> 40:18.960]  the ability to steal it later.
[40:18.960 --> 40:23.800]  The plaintiff relied on the representation and left her camper there.
[40:23.800 --> 40:30.320]  Had he not given her permission to do that, she would never have left it there.
[40:30.320 --> 40:33.960]  The representation caused the plaintiff injury.
[40:33.960 --> 40:38.840]  That's a cause of action.
[40:38.840 --> 40:48.800]  In order to get a ruling in your favor, this is what the judge must have before you write
[40:48.800 --> 40:59.840]  a complaint, what you need to find for Florida are the pattern jury charges, or they might
[40:59.840 --> 41:03.920]  be called jury instructions.
[41:03.920 --> 41:16.400]  The last thing the judge will say to the jury is, this is what you must find.
[41:16.400 --> 41:22.440]  In this case, you must find that the defendant made a representation to plaintiff, the representation
[41:22.440 --> 41:25.340]  was material, the representation was false.
[41:25.340 --> 41:29.560]  When defendant made the representation, the defendant knew the representation was false.
[41:29.560 --> 41:33.640]  The defendant made the representation with the intent that the plaintiff act on it, the
[41:33.640 --> 41:38.320]  plaintiff relied on the representation and the representation caused the plaintiff injury.
[41:38.320 --> 41:44.560]  He's going to tell the jury this is what you must find.
[41:44.560 --> 41:52.360]  If you claim and prove up anything else, the jury can't pay any attention to it.
[41:52.360 --> 41:56.920]  Yeah, it doesn't go to that particular cause of action.
[41:56.920 --> 42:03.240]  And if you miss one of these, the jury has no power to rule in your favor.
[42:03.240 --> 42:04.240]  Okay.
[42:04.240 --> 42:09.320]  Now, right now, we don't have a jury right now.
[42:09.320 --> 42:13.240]  Wait, we don't have a what?
[42:13.240 --> 42:17.800]  We don't, all we are is we're still in front of just the judge.
[42:17.800 --> 42:22.000]  Well, that's where you're at in the trial court.
[42:22.000 --> 42:27.400]  You can't get to a jury with this pleading and the judge is looking at this pleading and
[42:27.400 --> 42:30.760]  saying it needs to be redone.
[42:30.760 --> 42:37.360]  He's looking at the pleading and saying she hasn't brought the puzzle pieces that she
[42:37.360 --> 42:38.920]  needs to bring.
[42:38.920 --> 42:43.560]  So he's kind of giving you another shot by saying, why don't you go and write another
[42:43.560 --> 42:48.880]  notice and demand letter, another civil, what did you call it, a civil demand?
[42:48.880 --> 42:56.480]  Yeah, it's a civil theft demand letter, yes.
[42:56.480 --> 43:06.640]  So do this, go to the, if you can find a legal library, tell the clerks what you're doing.
[43:06.640 --> 43:15.240]  You need to see the elements of common law fraud for Florida and how you develop the
[43:15.240 --> 43:18.240]  elements of common law fraud.
[43:18.240 --> 43:21.940]  Legal librarians, they are wonderful.
[43:21.940 --> 43:29.600]  They sit there all day bored to tears until somebody comes in and asks them a hard question.
[43:29.600 --> 43:32.080]  And then they're in their element.
[43:32.080 --> 43:38.760]  They like nothing better than to look up law for you.
[43:38.760 --> 43:46.840]  Then rewrite this demand letter in the form of a cause of action.
[43:46.840 --> 43:50.480]  And when we come back, we'll talk about the jurisdiction area.
[43:50.480 --> 43:52.960]  Randy Kelton, Brett Fountain, Read of Law Radio.
[43:52.960 --> 44:00.480]  We'll be right back.
[44:00.480 --> 44:05.920]  Through advances in technology, our lives have greatly improved except in the area of
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[44:59.080 --> 45:01.000]  Enter now.
[45:01.000 --> 45:04.200]  Are you the plaintiff or defendant in a lawsuit?
[45:04.200 --> 45:10.960]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
[45:10.960 --> 45:14.720]  that will show you how in 24 hours, step by step.
[45:14.720 --> 45:19.160]  If you have a lawyer, know what your lawyer should be doing.
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[45:22.960 --> 45:27.800]  Thousands have won with our step-by-step course and now you can too.
[45:27.800 --> 45:34.600]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.600 --> 45:39.040]  Even if you're not in a lawsuit, you can learn what everyone should understand about
[45:39.040 --> 45:43.440]  the principles and practices that control our American courts.
[45:43.440 --> 45:49.600]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.600 --> 45:52.400]  pro se tactics, and much more.
[45:52.400 --> 46:01.080]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:22.400 --> 46:36.560]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Vivian
[46:36.560 --> 46:38.600]  in Florida.
[46:38.600 --> 46:44.200]  Vivian, do you know about Jurisdictionary?
[46:44.200 --> 46:47.960]  About what?
[46:47.960 --> 46:49.960]  Jurisdictionary.
[46:49.960 --> 46:58.960]  Jurisdictionary is a course that Dr. Graves, a 20-year lawyer, created for pro se.
[46:58.960 --> 46:59.960]  Really?
[46:59.960 --> 47:00.960]  Okay.
[47:00.960 --> 47:04.360]  It's about 250 bucks.
[47:04.360 --> 47:07.960]  It's 24 hours of CDs.
[47:07.960 --> 47:09.600]  Okay.
[47:09.600 --> 47:18.000]  If you go through Jurisdictionary, then call back into this show, we will have ourselves
[47:18.000 --> 47:22.680]  a whole different conversation.
[47:22.680 --> 47:27.920]  I had a guy call me out of Wisconsin, and he's telling me what's going on.
[47:27.920 --> 47:31.760]  I said, well, you need to file a petition for writ of mandamus.
[47:31.760 --> 47:32.760]  Oh, I did that.
[47:32.760 --> 47:38.360]  And then he goes on a little further and he said, you need to file a interlocutory appeal.
[47:38.360 --> 47:40.680]  Oh, I did that.
[47:40.680 --> 47:43.080]  I said, have you been through Jurisdictionary?
[47:43.080 --> 47:46.160]  Oh yeah, I've been through Jurisdictionary.
[47:46.160 --> 47:52.280]  That's what Jurisdictionary will do for you, it is the short course.
[47:52.280 --> 47:59.760]  It will teach you all of the things they don't teach lawyers in law school.
[47:59.760 --> 48:09.460]  In law school, they teach lawyers how to argue legal issues and how to write briefs and pleadings.
[48:09.460 --> 48:17.080]  What they don't do is teach lawyers how to practice law, how to determine what motions
[48:17.080 --> 48:23.520]  and pleadings need to be filed, how to get them filed, how to get them put on for hearing.
[48:23.520 --> 48:29.080]  All these grubby little details they need to know, they generally learn that once they
[48:29.080 --> 48:32.060]  get out.
[48:32.060 --> 48:35.280]  So if they don't get picked up by a law firm, they have a problem.
[48:35.280 --> 48:40.000]  It's hard to get started in law because they don't have this information.
[48:40.000 --> 48:46.640]  Every new lawyer should go through Jurisdictionary.
[48:46.640 --> 48:53.400]  Once you've been through it, then you'll understand how all of these pieces fit together
[48:53.400 --> 48:58.000]  and what the tools are you can use in court.
[48:58.000 --> 49:00.080]  Thank you.
[49:00.080 --> 49:06.280]  So go to ruleoflawradio.com and there is a blue banner there for Jurisdictionary.
[49:06.280 --> 49:10.240]  Is that the blue banner, Brett?
[49:10.240 --> 49:15.520]  Anyway, there's a banner, I don't think it is, I think it's a banner with a shelf
[49:15.520 --> 49:17.120]  with books on it.
[49:17.120 --> 49:21.760]  But anyway, look for Jurisdictionary, an older Jurisdictionary.
[49:21.760 --> 49:29.160]  It will dramatically change the conversation we have and your level of competence will
[49:29.160 --> 49:30.160]  increase dramatically.
[49:30.160 --> 49:36.160]  Okay, because it's not there right now.
[49:36.160 --> 49:38.720]  No, it's not there yet.
[49:38.720 --> 49:45.280]  And from what we've heard, you have no chance at this point of winning this case.
[49:45.280 --> 49:49.360]  So you need to upgrade your technology.
[49:49.360 --> 49:50.360]  Okay.
[49:50.360 --> 49:53.880]  Then you'll be a force to be reckoned with.
[49:53.880 --> 49:54.880]  All right.
[49:54.880 --> 50:00.960]  Is there any way I can get around the power of attorney because they're not wanting me
[50:00.960 --> 50:02.640]  to represent her at all?
[50:02.640 --> 50:04.920]  Is there any way I can get around that?
[50:04.920 --> 50:10.360]  Yes, you can get a quit claim from her.
[50:10.360 --> 50:14.840]  She can quick claim the property to you.
[50:14.840 --> 50:19.000]  I said quick, quit.
[50:19.000 --> 50:22.280]  Yes, UUIT.
[50:22.280 --> 50:26.280]  It's sort of an official way to do like a free gift.
[50:26.280 --> 50:35.200]  Yeah, she will take whatever claim she has in this property and transfer it to you with
[50:35.200 --> 50:36.760]  a quit claim deed.
[50:36.760 --> 50:37.760]  Okay.
[50:37.760 --> 50:44.400]  Once you have that quit claim deed, you file that with the county recorder and now you
[50:44.400 --> 50:48.800]  have standing to address this property.
[50:48.800 --> 50:50.560]  And she doesn't have to give you all of it.
[50:50.560 --> 50:56.360]  She only has to give you a percentage that gives you a dog in the hunt.
[50:56.360 --> 50:58.880]  Okay.
[50:58.880 --> 51:04.440]  And then I can represent her in the court in front of the court of say?
[51:04.440 --> 51:07.040]  Yeah, you can be representing her.
[51:07.040 --> 51:10.560]  You would be standing up for yourself and your own ownership.
[51:10.560 --> 51:12.160]  Oh, okay.
[51:12.160 --> 51:13.160]  Okay.
[51:13.160 --> 51:15.640]  So look up quit claim.
[51:15.640 --> 51:16.640]  Okay.
[51:16.640 --> 51:17.640]  Very good.
[51:17.640 --> 51:18.640]  Okay.
[51:18.640 --> 51:23.200]  And keep us up to speed on how this goes.
[51:23.200 --> 51:24.200]  Okay.
[51:24.200 --> 51:25.200]  Thank you.
[51:25.200 --> 51:26.200]  Okay.
[51:26.200 --> 51:29.640]  Now we're going to appreciate it.
[51:29.640 --> 51:30.640]  Okay.
[51:30.640 --> 51:31.640]  You are welcome.
[51:31.640 --> 51:32.640]  Okay.
[51:32.640 --> 51:35.720]  Now we're going to go to Chris in New York.
[51:35.720 --> 51:40.760]  Chris, thank you for your patience.
[51:40.760 --> 51:46.800]  What do you have for us today?
[51:46.800 --> 51:51.040]  Hello, Chris.
[51:51.040 --> 51:56.040]  I think we lulled him into unconsciousness.
[51:56.040 --> 52:01.640]  We don't have any more callers on the board.
[52:01.640 --> 52:05.600]  So if you have a question or comment, give us a call.
[52:05.600 --> 52:15.960]  Call in number 512-646-1984 and I probably should after speaking with Vivian, I probably
[52:15.960 --> 52:20.440]  should talk about Legal 101.
[52:20.440 --> 52:22.480]  We don't talk about that very much.
[52:22.480 --> 52:30.520]  I wrote a book on what I've been doing these last 30 years and it's last 15 years on the
[52:30.520 --> 52:32.880]  radio show.
[52:32.880 --> 52:40.480]  And I go through some things everybody should know about law and about dealing with the
[52:40.480 --> 52:43.880]  courts and lawyers.
[52:43.880 --> 52:52.000]  I probably should go through that on a regular basis and one of the places I normally start
[52:52.000 --> 52:55.040]  is with the Constitution.
[52:55.040 --> 53:03.760]  There are some serious misunderstandings about the nature of our Constitution.
[53:03.760 --> 53:11.040]  And I have a lawsuit that I'm refiling against all the highest judges in Texas and in there
[53:11.040 --> 53:14.560]  I speak to this.
[53:14.560 --> 53:20.040]  The Constitution does not grant you any rights.
[53:20.040 --> 53:24.160]  Most people talk about their constitutional rights and you see that in court documents
[53:24.160 --> 53:27.280]  all the time speaking to constitutional rights.
[53:27.280 --> 53:31.960]  But the Constitution doesn't grant you any rights, it doesn't speak to you at all.
[53:31.960 --> 53:37.320]  The Constitution talks to public officials.
[53:37.320 --> 53:48.560]  It commands public officials to do certain things and gives you a claim against them
[53:48.560 --> 53:51.560]  if they don't do those things.
[53:51.560 --> 53:52.560]  It commands-
[53:52.560 --> 53:56.720]  It prohibits them from touching certain things too.
[53:56.720 --> 53:57.720]  Yeah.
[53:57.720 --> 54:06.960]  And then one of the issues I have in this lawsuit that I filed is speedy trial.
[54:06.960 --> 54:15.800]  And the courts have, they overruled the speedy trial act.
[54:15.800 --> 54:25.360]  They said it was unconstitutional because the caption did not adequately inform the
[54:25.360 --> 54:31.560]  legislators of the content of the speedy trial act.
[54:31.560 --> 54:39.120]  Okay, that did not go to anything material in the act itself.
[54:39.120 --> 54:47.080]  And they claimed that the speedy trial act violated separation of powers because it dictated
[54:47.080 --> 54:57.200]  that if a person wasn't brought to trial in a certain time period, that the- do you
[54:57.200 --> 55:00.560]  remember how it actually spoke, Brett?
[55:00.560 --> 55:05.920]  It didn't say the charges shall be discharged.
[55:05.920 --> 55:07.920]  It literally said they would rule-
[55:07.920 --> 55:14.920]  It might have been a ruling, yeah, that they'd have to rule dismissal or something.
[55:14.920 --> 55:18.680]  The charge shall be dismissed or something like that.
[55:18.680 --> 55:24.440]  And what they said was that was dictating a judicial determination that violated separation
[55:24.440 --> 55:26.280]  of powers.
[55:26.280 --> 55:32.080]  It did not speak to a speedy trial at all.
[55:32.080 --> 55:42.040]  And the preamble to the speedy trial act, the legislature said that if the court brings
[55:42.040 --> 55:52.280]  someone to trial for a Class C misdemeanor within 30 days, then the presumption is that
[55:52.280 --> 55:54.040]  they got a speedy trial.
[55:54.040 --> 56:04.960]  For Class B misdemeanor, 60 days, a Class A, 90 days, a felony, 120 days.
[56:04.960 --> 56:09.880]  That's what the preamble says, and that's a statement of legislative intent.
[56:09.880 --> 56:13.600]  Yeah, it shows what they were thinking.
[56:13.600 --> 56:22.560]  But there is a problem with that speedy trial act is it speaks to the fact that the accused,
[56:22.560 --> 56:30.880]  if they want to exercise their right to a speedy trial, must demand it.
[56:30.880 --> 56:33.280]  And they reference a case, Barker Wingo.
[56:33.280 --> 56:44.440]  Barker Wingo is a federal case that says the same thing, and I'm saying, whoa, hold on.
[56:44.440 --> 56:55.200]  We have to demand a speedy trial before a public official must abide by his constitutional
[56:55.200 --> 56:58.640]  oath that he would provide a speedy trial.
[56:58.640 --> 57:01.600]  How does that work?
[57:01.600 --> 57:11.820]  The statute itself, by making that claim, violates the Constitution.
[57:11.820 --> 57:17.500]  Because the Constitution does not speak to me having a right.
[57:17.500 --> 57:20.640]  It speaks to these public officials.
[57:20.640 --> 57:28.100]  And before they are able to take their mantle of their authority, they must swear on their
[57:28.100 --> 57:35.680]  oath that they will protect the Constitution and uphold the laws of the state of Texas.
[57:35.680 --> 57:38.440]  Did not say may, might, or can if they want to.
[57:38.440 --> 57:44.000]  Did not say they only have to do this if a citizen demands that they do this.
[57:44.000 --> 57:48.840]  They swore on their oath they would do this.
[57:48.840 --> 57:54.780]  And I'm saying that Barker Wingo should be distinguished.
[57:54.780 --> 57:59.400]  To eliminate this, you have to request a speedy trial nonsense.
[57:59.400 --> 58:03.360]  We'll pick this back up when we come back on the other side.
[58:03.360 --> 58:05.640]  Randy Kelton, Brett Fountain, Wuvra Radio.
[58:05.640 --> 58:07.760]  Wait a minute, Brett.
[58:07.760 --> 58:08.760]  I did that too fast.
[58:08.760 --> 58:09.760]  I got 45 seconds.
[58:09.760 --> 58:14.760]  Well, let's see if we can get a hold of Chris.
[58:14.760 --> 58:17.440]  Chris, are you awake?
[58:17.440 --> 58:20.320]  Talk to me, Bubba.
[58:20.320 --> 58:23.040]  See if he might even be muted.
[58:23.040 --> 58:24.040]  Chris?
[58:24.040 --> 58:25.040]  Oh, no.
[58:25.040 --> 58:27.040]  Yeah, he sounds muted here.
[58:27.040 --> 58:31.200]  No, we don't have him muted, I know, but you know, sometimes people mute on their own
[58:31.200 --> 58:32.200]  end.
[58:32.200 --> 58:33.200]  Well, Chris?
[58:33.200 --> 58:40.960]  It was all my dulcet tones that have lulled him into unconsciousness.
[58:40.960 --> 58:44.400]  He's drifting off.
[58:44.400 --> 58:50.240]  Hang on, Randy Kelton, Brett Fountain, we'll be right back.
[58:50.240 --> 58:54.360]  Would you like to make more definite progress in your walk with God?
[58:54.360 --> 58:59.560]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.560 --> 59:00.880]  can really help.
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[59:05.360 --> 59:06.360]  today.
[59:06.360 --> 59:10.240]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.240 --> 59:13.360]  to know God and to know the meaning of life.
[59:13.360 --> 59:18.600]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.600 --> 59:22.880]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.880 --> 59:27.800]  of salvation, growing in Christ, and how to build up the Church.
[59:27.800 --> 59:32.840]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.840 --> 59:45.600]  Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
[59:45.600 --> 01:00:02.160]  us online at bfa.org.
[01:00:02.160 --> 01:00:05.800]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.800 --> 01:00:09.280]  They guarantee the specific freedoms Americans should know and protect.
[01:00:09.280 --> 01:00:10.720]  Our liberty depends on it.
[01:00:10.720 --> 01:00:14.640]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:00:14.640 --> 01:00:17.520]  one of your constitutional rights.
[01:00:17.520 --> 01:00:19.120]  Privacy is under attack.
[01:00:19.120 --> 01:00:22.720]  When you give up data about yourself, you'll never get it back again.
[01:00:22.720 --> 01:00:27.480]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.480 --> 01:00:32.560]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.560 --> 01:00:35.240]  Privacy, it's worth hanging on to.
[01:00:35.240 --> 01:00:39.540]  This public service announcement is brought to you by StartPage.com, the private search
[01:00:39.540 --> 01:00:43.080]  engine alternative to Google, Yahoo, and Bing.
[01:00:43.080 --> 01:00:45.160]  Start over with StartPage.
[01:00:45.160 --> 01:00:48.880]  Imagine your mom and dad are getting ready for bed.
[01:00:48.880 --> 01:00:51.960]  They pull back the covers and find a third party there.
[01:00:51.960 --> 01:00:55.160]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.160 --> 01:00:59.280]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment
[01:00:59.280 --> 01:01:00.880]  was designed to prevent.
[01:01:00.880 --> 01:01:05.080]  It protects us from being forced to share our homes with soldiers, a common demand in
[01:01:05.080 --> 01:01:07.240]  the days of our founding fathers.
[01:01:07.240 --> 01:01:09.520]  Third party, Third Amendment, get it?
[01:01:09.520 --> 01:01:13.400]  So if you answer a knock at your door and guys in fatigues demand lodging, tell them
[01:01:13.400 --> 01:01:17.000]  to dust off their copy of the Bill of Rights and re-read the Third Amendment.
[01:01:17.000 --> 01:01:31.960]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:01:31.960 --> 01:01:35.640]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.640 --> 01:01:40.040]  They guarantee the specific freedoms Americans should know and protect, our liberty depends
[01:01:40.040 --> 01:01:41.040]  on it.
[01:01:41.040 --> 01:01:44.460]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:01:44.460 --> 01:01:47.440]  one of your constitutional rights.
[01:01:47.440 --> 01:01:49.040]  Privacy is under attack.
[01:01:49.040 --> 01:01:52.640]  When you give up data about yourself, you'll never get it back again.
[01:01:52.640 --> 01:01:57.400]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.400 --> 01:02:02.440]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:02:02.440 --> 01:02:05.160]  Privacy, it's worth hanging on to.
[01:02:05.160 --> 01:02:09.460]  This public service announcement is brought to you by StartPage.com, the private search
[01:02:09.460 --> 01:02:13.000]  engine alternative to Google, Yahoo, and Bing.
[01:02:13.000 --> 01:02:16.720]  Start over with StartPage.
[01:02:16.720 --> 01:02:21.720]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:21.720 --> 01:02:26.540]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[01:02:26.540 --> 01:02:28.040]  search and seizure.
[01:02:28.040 --> 01:02:31.160]  Fourth Amendment, four eyes staring at you, get it?
[01:02:31.160 --> 01:02:34.920]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[01:02:34.920 --> 01:02:35.920]  privacy.
[01:02:35.920 --> 01:02:40.000]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:40.000 --> 01:02:44.000]  When government employees demand a peep at your privates without probable cause, I say
[01:02:44.000 --> 01:02:46.840]  it's time to sound the constitutional alarm bells.
[01:02:46.840 --> 01:02:51.120]  Join me in asking our representatives to dust off the Bill of Rights and use their googly
[01:02:51.120 --> 01:02:53.320]  eyes to take a gander at the Fourth.
[01:02:53.320 --> 01:02:55.200]  I'm Dr. Catherine Albrecht.
[01:02:55.200 --> 01:03:05.520]  More news and information at CatherineAlbrecht.com.
[01:03:05.520 --> 01:03:25.920]  I'm Dr. Andrew Allan.
[01:03:25.920 --> 01:03:53.120]  Okay, we are back, Randy Kelton, Brett Fountain, Reload Radio on this Friday, the 16th day
[01:03:53.120 --> 01:04:01.080]  of June 2023. And we were talking about this suit that I filed. I've been working on this
[01:04:01.080 --> 01:04:09.560]  project for some 30 years now. And people who listen a lot probably know that I deal
[01:04:09.560 --> 01:04:19.960]  in new linguistic programming and some other forms of psychology. And I have used all my
[01:04:19.960 --> 01:04:30.000]  tools and all my skills to try to create a condition that will dramatically change the
[01:04:30.000 --> 01:04:36.840]  underlying structure of the way things are done. It took a long time to figure out what
[01:04:36.840 --> 01:04:44.840]  the problem was. We're looking at this system and we tend to assume that all these public
[01:04:44.840 --> 01:04:50.600]  officials are bad guys. And they're all screwing up everything and the judges are scoundrels
[01:04:50.600 --> 01:04:59.240]  and the lawyers are no good scumbags. What if that's not the case? What if they're not
[01:04:59.240 --> 01:05:11.280]  all bad guys? What if we do have a large number of judges, prosecutors, lawyers, police officers
[01:05:11.280 --> 01:05:21.560]  who really want to do things the right way? And they want to be good guys. If that were
[01:05:21.560 --> 01:05:29.480]  the case, how do we explain all these problems that we're having? Well, we explain it in
[01:05:29.480 --> 01:05:38.800]  that something's broken. It was difficult for me to assume that we're having all these
[01:05:38.800 --> 01:05:46.560]  problems because people are just no good rotten scoundrels. That just didn't fit. I don't
[01:05:46.560 --> 01:05:54.680]  know many no good rotten scoundrels. I know a lot of people, but I don't know any of
[01:05:54.680 --> 01:06:00.080]  them who consider themselves to be no good rotten scoundrels. I'm sure there's a few
[01:06:00.080 --> 01:06:06.360]  out there, but most of them are either in prison or on their way there because that's
[01:06:06.360 --> 01:06:14.720]  a mentality that does not work well in this culture or in any culture.
[01:06:14.720 --> 01:06:24.960]  Acting from the position that everybody essentially does everything they do for what they believe
[01:06:24.960 --> 01:06:36.720]  to be in their own personal self-interest. This is from Ayn Rand. Since humans herd,
[01:06:36.720 --> 01:06:43.220]  we tend to group together. We do everything we do for what we believe to be in the best
[01:06:43.220 --> 01:06:53.560]  interest of the group. If that is the case, and this is not some grand conspiracy to screw
[01:06:53.560 --> 01:07:03.120]  everybody, but there's something wrong. What could be wrong with the legal system that
[01:07:03.120 --> 01:07:12.040]  would create the problem that we have today when all of the actors are for the most part
[01:07:12.040 --> 01:07:16.920]  acting in the best of faith toward right outcomes?
[01:07:16.920 --> 01:07:24.960]  I spent a long time trying to figure that one out, and I did that because I'm an engineer,
[01:07:24.960 --> 01:07:33.360]  and engineers, we don't get to blame Mother Nature for our problems. We have Mother Nature
[01:07:33.360 --> 01:07:41.920]  and life as a set of parameters we have to deal inside. So I looked at law and said,
[01:07:41.920 --> 01:07:52.400]  okay, what can we do with law to make it work? Understanding the nature of the human animal,
[01:07:52.400 --> 01:08:01.480]  we should be able to put together a set of laws that works well with human beings. It
[01:08:01.480 --> 01:08:10.160]  turns out that our legislators over the last eight or 900 years, actually 2000, go back
[01:08:10.160 --> 01:08:20.760]  to the Greeks. They did that. They put together a very well-constructed legal system, but
[01:08:20.760 --> 01:08:26.600]  it's not working right. Something's broken. It took a long time to figure it out, and
[01:08:26.600 --> 01:08:32.920]  it is my opinion that what is broken in the criminal justice system, not in the rest of
[01:08:32.920 --> 01:08:39.600]  the world, it can't fix all the problems, but in the criminal justice system, something
[01:08:39.600 --> 01:08:52.000]  is broken, and it's a tiny little thing. It is apparently so minor that no one really
[01:08:52.000 --> 01:08:59.960]  considered that as a possible cause of all of these problems. And what that is, is an
[01:08:59.960 --> 01:09:10.480]  examining trial, or in most other states and in the Fed, they call it a preliminary hearing.
[01:09:10.480 --> 01:09:17.640]  It was not intended that a policeman have the power to arrest and imprison. If you are
[01:09:17.640 --> 01:09:24.080]  arrested in Texas, you'll be taken straight to jail. You'll not pass go. You'll not talk
[01:09:24.080 --> 01:09:28.320]  to your magistrate. You'll go straight to jail, spend the night in jail. And if you're
[01:09:28.320 --> 01:09:34.400]  really special, you'll get bit by a brown recluse spider.
[01:09:34.400 --> 01:09:39.120]  I'm just griping about my own experience. And you'll be brought before a magistrate
[01:09:39.120 --> 01:09:45.920]  the next morning, and the magistrate will tell you what your rights are and set bail.
[01:09:45.920 --> 01:09:55.680]  There's something missing, something that's in the law that appears so minor, nobody really
[01:09:55.680 --> 01:10:11.240]  noticed it. And it's in Chapter 16, 16.04. 16.04 gives orders of magistrate when he sits
[01:10:11.240 --> 01:10:20.740]  for the purpose of examining into the sufficiency of a criminal accusation, a order that before
[01:10:20.740 --> 01:10:28.720]  any evidence is entered into the court against the accused, the accused shall have the opportunity
[01:10:28.720 --> 01:10:31.720]  to make a statement to the court.
[01:10:31.720 --> 01:10:41.000]  Now that don't seem like such a big deal, because lawyers will say, yeah, you got that
[01:10:41.000 --> 01:10:48.040]  right, but whatever you do, don't use it. There's this video out on the internet by
[01:10:48.040 --> 01:10:55.400]  a law school professor where he's telling the students, when do you direct your client
[01:10:55.400 --> 01:11:07.200]  to talk to the police? And he tells them three things, never, never, never. And he spends
[01:11:07.200 --> 01:11:12.780]  a whole hour explaining why you never have your client talk to the police, because it
[01:11:12.780 --> 01:11:22.400]  can never be in your favor. It might not be against you, but it can never be in your favor.
[01:11:22.400 --> 01:11:30.560]  So don't do it. Well, I'm saying that 16.04 tells the magistrate, if you're arrested and
[01:11:30.560 --> 01:11:35.760]  brought before a magistrate, that the first thing he's to do is advise you of your rights
[01:11:35.760 --> 01:11:42.640]  and then advise you that you have the right to make a statement. People are being arrested
[01:11:42.640 --> 01:11:50.920]  and taken and thrown in jail. They're not taken before a magistrate. Nobody's examining
[01:11:50.920 --> 01:12:00.880]  into the sufficiency of the complaint, and the individual never gets to be heard. Most
[01:12:00.880 --> 01:12:09.160]  people calling into this show complaining about mistreatment by the police and the courts,
[01:12:09.160 --> 01:12:14.120]  they're not so much calling in for legal remedy.
[01:12:14.120 --> 01:12:27.000]  They just want to be heard. And that deletion from the system has completely undermined
[01:12:27.000 --> 01:12:32.680]  the system. Police want to be good guys. Now they're treated like they're no good rotten
[01:12:32.680 --> 01:12:40.240]  scoundrels. Everybody hates them. Everybody's afraid of them. Everybody resents them and
[01:12:40.240 --> 01:12:47.200]  they're responding by resenting us. This thing is self-fulfilling. And it is my contention
[01:12:47.200 --> 01:12:53.880]  that under Texas law, if a policeman arrests someone for any reason, with or without a
[01:12:53.880 --> 01:13:02.560]  warrant, he is commanded by black litter law to take that person directly to the nearest
[01:13:02.560 --> 01:13:13.920]  magistrate and explain himself. It's not because we don't trust the police. It's because we
[01:13:13.920 --> 01:13:19.520]  don't want the public to fear the police.
[01:13:19.520 --> 01:13:28.180]  That is exactly what's happened. It's deteriorated to the point that jurisdictions are defunding
[01:13:28.180 --> 01:13:35.640]  the police and people are rioting in the streets and calling for the defunding of the police
[01:13:35.640 --> 01:13:43.680]  because the police have become more dangerous to us than the criminals. We got to fix this.
[01:13:43.680 --> 01:13:50.960]  And the way we fix it is to order a policeman. If you arrest someone for any reason, you
[01:13:50.960 --> 01:13:58.280]  pick up the phone and you call the nearest magistrate. The magistrate in Texas is authorized
[01:13:58.280 --> 01:14:06.680]  to do a preliminary hearing through electronic media. And the cell phone's electronic media
[01:14:06.680 --> 01:14:08.160]  and it has video.
[01:14:08.160 --> 01:14:11.160]  You have video conferencing.
[01:14:11.160 --> 01:14:19.720]  Yes. And they're doing trials with video conferencing. So the policeman can do that so that the policeman
[01:14:19.720 --> 01:14:27.480]  should not be in a position to arrest you and take you to jail. He can arrest you, but
[01:14:27.480 --> 01:14:35.560]  he should immediately have to call a magistrate and be prepared to explain himself to a magistrate.
[01:14:35.560 --> 01:14:41.520]  I was arrested in the district attorney's office having a private conversation with
[01:14:41.520 --> 01:14:48.800]  the district attorney. I was arrested because the bailiff knew that I intended to make criminal
[01:14:48.800 --> 01:14:55.680]  accusations against him and he arrested me to keep that from happening. Took me from
[01:14:55.680 --> 01:15:01.920]  the district court, 30 feet from the nearest magistrate, the other side of the door, maybe
[01:15:01.920 --> 01:15:08.600]  less than 30 feet. The prosecutor had a door that opened into the courtroom and the judge
[01:15:08.600 --> 01:15:14.720]  was sitting on the bench. He was commanded by state law to take me directly to the nearest
[01:15:14.720 --> 01:15:21.360]  district, but he didn't do that. He took me to jail instead, halfway across town. Spent
[01:15:21.360 --> 01:15:25.960]  the night in jail, wound up getting bit by a Brown recruit spider. I was let out the
[01:15:25.960 --> 01:15:32.680]  next day on a $500 cash bond. They refused to accept constitutional bail and let me out
[01:15:32.680 --> 01:15:40.840]  on the cash bond. It was six weeks before a statement was filed by the arresting officer.
[01:15:40.840 --> 01:15:49.440]  Six weeks, he had to make up a story as to why he arrested me. That is outrageous and
[01:15:49.440 --> 01:15:58.200]  because he had so much time, he screwed up big time. He said the reason he was there,
[01:15:58.200 --> 01:16:04.600]  I had stated I was coming to file criminal charges with the district judge against the
[01:16:04.600 --> 01:16:13.240]  county judge. And he said that the district judge had him there because he feared for
[01:16:13.240 --> 01:16:21.640]  his life from me. What he feared was that I would put him on the dime and ask him to
[01:16:21.640 --> 01:16:32.360]  act on criminal complaints. The officer threw the district judge under the bus. I now sued
[01:16:32.360 --> 01:16:37.760]  the district judge for causing this arrest. Had they followed the rules, he would have
[01:16:37.760 --> 01:16:43.000]  taken me through the door into the next room, told the judge what would happen and the judge
[01:16:43.000 --> 01:16:48.560]  would say, take those cuffs off of him and let him go. This would have never happened
[01:16:48.560 --> 01:16:54.240]  now. I sued these guys for $500 million. And I'll explain how we got there when we come
[01:16:54.240 --> 01:17:00.080]  back. Randy Kelton, Brett Fountain, we'll be right back.
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[01:17:56.960 --> 01:18:02.600]  to learn how to stop debt collectors now. I love logos. Without the shows on this network,
[01:18:02.600 --> 01:18:06.540]  I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's
[01:18:06.540 --> 01:18:11.520]  no going back. I need my truth fixed. I'd be lost without logos and I really want to
[01:18:11.520 --> 01:18:15.240]  help keep this network on the air. I'd love to volunteer as a show producer but I'm a
[01:18:15.240 --> 01:18:19.360]  bit of a Luddite and I really don't have any money to give because I spend it all on
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[01:18:37.600 --> 01:18:43.440]  Now, when you order anything from Amazon, you use that link and logos gets a few pesos.
[01:18:43.440 --> 01:18:48.560]  Do I pay extra? No. Do I have to do anything different when I order? No. Can I use my Amazon
[01:18:48.560 --> 01:18:54.320]  Prime? No. I mean, yes. Wow. Giving without doing anything or spending any money. This
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[01:19:00.360 --> 01:19:19.720]  This is the Logos, Logos Radio Network. Oh, come on.
[01:19:19.720 --> 01:19:34.560]  Okay, we are back. Randy Kelton, Brett Fountain, Wheel of Law Radio. Okay, that's my basic
[01:19:34.560 --> 01:19:42.760]  premise that the problem is that the police were directed to arrest people and take them
[01:19:42.760 --> 01:19:53.080]  directly to jail. Nobody ever talks to the accused. They never get a chance to be heard.
[01:19:53.080 --> 01:19:59.720]  So they feel like they're horribly mistreated. Even when they're not being horribly mistreated,
[01:19:59.720 --> 01:20:05.360]  they feel that way. And it's caused this rift between the police and the public. This was
[01:20:05.360 --> 01:20:14.440]  not the police's doing. It was prosecutors who did this. They were adjusting things to
[01:20:14.440 --> 01:20:24.720]  make their life easier, but it had the effect of creating this mass incarceration situation
[01:20:24.720 --> 01:20:34.480]  where the policeman would kind of rescue for any reason with or without cause because nobody's
[01:20:34.480 --> 01:20:36.840]  gonna question him.
[01:20:36.840 --> 01:20:43.920]  And prosecutors engineered this so that they could get you in jail and put you in a position
[01:20:43.920 --> 01:20:52.840]  to where you'd have to take a deal. The average conviction rate in Texas is 99.6. Prosecutors
[01:20:52.840 --> 01:20:58.760]  got this done well. Are you getting arrested if you can bail out? The bailiff will come
[01:20:58.760 --> 01:21:05.320]  in the next morning. Nobody wants to know what happened. They don't care. You're gonna
[01:21:05.320 --> 01:21:10.480]  be put on bail. If you can make bail, you get out. They call you in every month. You
[01:21:10.480 --> 01:21:16.200]  spend the day in court. You have these charges hanging over you. And if you don't take their
[01:21:16.200 --> 01:21:21.320]  deal, they send you home, call you back next month. And they will keep doing that until
[01:21:21.320 --> 01:21:33.240]  you make a deal. If you can't make bail, then you stay in jail. This process of holding
[01:21:33.240 --> 01:21:39.560]  people and the prosecutor will call you in every week or two and offer you a deal. If
[01:21:39.560 --> 01:21:46.880]  you don't take it, you go back to jail and you will stay there until you make a deal.
[01:21:46.880 --> 01:22:00.240]  That is costing the counties in Texas $11.9 billion a year. The entire state criminal
[01:22:00.240 --> 01:22:10.920]  justice budget is $3.4 billion. That's handled by the state. Pre-trial incarceration is paid
[01:22:10.920 --> 01:22:17.600]  for by the counties, and the counties don't report this to the state. So it's not apparent
[01:22:17.600 --> 01:22:21.600]  in the state how much it's actually costing us. The Office of Court Administration said
[01:22:21.600 --> 01:22:29.120]  it was costing $990 million. That is horse manure. By their own numbers of the number
[01:22:29.120 --> 01:22:42.320]  of people held in jail on pre-trial was 60%. 60% of the county jail population was some
[01:22:42.320 --> 01:22:56.120]  $486,000. $486,000 people at $60 a day for 365 days a year comes out to $11.9 billion
[01:22:56.120 --> 01:23:04.280]  that you and I are paying so that the prosecutor doesn't have to do his job. The prosecutors
[01:23:04.280 --> 01:23:09.840]  didn't do that either. At least they didn't do it on purpose. There was no one guy who
[01:23:09.840 --> 01:23:18.160]  did this. Through a series of seemingly minor adjustments toward adjudicative expediency
[01:23:18.160 --> 01:23:25.160]  and administrative convenience, over a period of years, we gradually moved the system away
[01:23:25.160 --> 01:23:29.040]  from the rule of law.
[01:23:29.040 --> 01:23:34.480]  And what I'm trying to get done is I'm trying to get the Court of Criminal Appeals, the
[01:23:34.480 --> 01:23:43.080]  highest criminal court in Texas, to say that when someone is arrested for any reason, with
[01:23:43.080 --> 01:23:51.000]  or without a warrant, they are to be taken directly to the nearest magistrate. Or in
[01:23:51.000 --> 01:23:59.480]  lieu of that, the officer is to call the nearest magistrate and get permission to take the
[01:23:59.480 --> 01:24:10.120]  person to jail after an examining trial. The officer should not be in a position to arrest
[01:24:10.120 --> 01:24:16.440]  and imprison. That's what's created this rift between the police and the public. The
[01:24:16.440 --> 01:24:21.480]  officer should have to explain himself immediately.
[01:24:21.480 --> 01:24:28.120]  The whole thing about incarceration doesn't come up in these statutes. You arrest with
[01:24:28.120 --> 01:24:32.720]  or without a warrant, both involve taking to the magistrate. It doesn't say anything
[01:24:32.720 --> 01:24:35.120]  about take to jail.
[01:24:35.120 --> 01:24:46.400]  Right. And that has been in place since 1215 AD on the signing of the Magna Carta libertatum
[01:24:46.400 --> 01:24:51.000]  Act. It was not intended that Assura hold the key to the jailhouse door. It worked well
[01:24:51.000 --> 01:25:00.880]  for us for 800 years. And then back about 50 years ago, they started making these minor
[01:25:00.880 --> 01:25:13.000]  changes. And now they're just about to bankrupt the state. The incarceration rate is increasing
[01:25:13.000 --> 01:25:17.880]  logarithmically. The graph is almost straight up at this point. It is absolutely out of
[01:25:17.880 --> 01:25:20.680]  control.
[01:25:20.680 --> 01:25:26.040]  And Brett gave me the key to this. 17 point, was it 32 or 24?
[01:25:26.040 --> 01:25:29.000]  It had to have been 24.
[01:25:29.000 --> 01:25:36.880]  I think it was 24. It said that the office of court administration in consultation with
[01:25:36.880 --> 01:25:43.320]  the court of criminal appeals shall develop curriculum for the training of magistrates
[01:25:43.320 --> 01:25:53.600]  in the setting of bail and other duties. I read that and I had myself an epiphany. Holy
[01:25:53.600 --> 01:26:05.520]  mackerel, that was the key. You got 254 counties in Texas with 254 sheriffs.
[01:26:05.520 --> 01:26:10.680]  Trying to get all of these sheriffs to do the same things like herding cats. They're
[01:26:10.680 --> 01:26:19.680]  all individually elected officials and nobody tells them what to do. So how do we get all
[01:26:19.680 --> 01:26:31.480]  254 doing everything in criminal justice wrong? And how do we get them all doing it wrong
[01:26:31.480 --> 01:26:42.080]  exactly the same way? When I read that statute, that's how we get them all doing it wrong
[01:26:42.080 --> 01:26:56.360]  in exactly the same way. They were trained to do it wrong. So what do you call it when
[01:26:56.360 --> 01:27:09.880]  people get together and talk and decide on a set of behaviors that amount to ongoing
[01:27:09.880 --> 01:27:13.360]  criminal activity?
[01:27:13.360 --> 01:27:18.960]  Conspiracy, Rico anyone?
[01:27:18.960 --> 01:27:25.520]  That's what I call it. The court of criminal appeals or the office of court administration
[01:27:25.520 --> 01:27:32.640]  in conjunction with the court of criminal appeals develop curriculum that directs police
[01:27:32.640 --> 01:27:40.920]  prosecutors and magistrates in practices and procedures that amount to an ongoing criminal
[01:27:40.920 --> 01:27:54.800]  enterprise and the activity of creating curriculum. The highest judges in Texas were directed
[01:27:54.800 --> 01:28:03.400]  to create this curriculum. Well, that is not a judicial function. It's not a judicial function
[01:28:03.400 --> 01:28:08.800]  any more than buying toilet paper for the court as a judicial function. That is an administrative
[01:28:08.800 --> 01:28:19.840]  function and the court has zero immunity when performing administrative functions. So I'm
[01:28:19.840 --> 01:28:27.600]  claiming that all nine of these judges conspired one with the other and with public officials
[01:28:27.600 --> 01:28:37.800]  in Texas toward an ongoing criminal enterprise. So I sued them personally, each one in their
[01:28:37.800 --> 01:28:43.240]  personal capacity. Now, I don't really care if I get any kind of judgment against them.
[01:28:43.240 --> 01:28:53.920]  That's not the point. The point is how do you get them to change? They have a mental
[01:28:53.920 --> 01:29:01.400]  momentum going on. These judges are doing things the way these judges have been doing
[01:29:01.400 --> 01:29:07.080]  things since they've been judges. They're doing things the way they were doing things
[01:29:07.080 --> 01:29:12.960]  since they were lawyers. They were trained to do this when they got out of law school
[01:29:12.960 --> 01:29:16.640]  and they're doing it the way they were trained to do it because they don't know any other
[01:29:16.640 --> 01:29:23.800]  way. This is, appears to be how it is done. Now, it doesn't seem to match law, but it's
[01:29:23.800 --> 01:29:31.760]  what's done. So I'm saying this is horribly illegal. What do you guys think you're doing?
[01:29:31.760 --> 01:29:36.920]  You're committing RICO against the people. You ought to be ashamed of yourselves and
[01:29:36.920 --> 01:29:43.920]  I'm suing them personally. So in order to understand the suit, they've got to read it.
[01:29:43.920 --> 01:29:48.360]  That was the key. They have to read it. Hang on. Randy Kelton, Brett Fountain, Blue Law
[01:29:48.360 --> 01:30:07.200]  Radio, we'll be right back. A top cybersecurity expert has a warning for America. If you build
[01:30:07.200 --> 01:30:11.080]  an electrical smart grid, the hackers will come and they could cause a catastrophic blackout.
[01:30:11.080 --> 01:30:16.880]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment. Privacy is under
[01:30:16.880 --> 01:30:21.880]  attack. When you give up data about yourself, you'll never get it back again. And once your
[01:30:21.880 --> 01:30:27.240]  privacy is gone, you'll find your freedoms will start to vanish too. So protect your
[01:30:27.240 --> 01:30:33.120]  rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth
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[01:30:45.800 --> 01:30:49.760]  Hackers love power, so it's only natural they'd want to control the power going into
[01:30:49.760 --> 01:30:54.880]  your home too with a smart grid. So they're installing a national network of smart meters
[01:30:54.880 --> 01:31:00.480]  to remotely monitor electric use for efficiency and avoid grid failure. But cybersecurity
[01:31:00.480 --> 01:31:05.460]  expert David Chalk says not so fast. If we make the national power grid controllable through
[01:31:05.460 --> 01:31:10.920]  the web, hackers will have a field day. Working remotely, they could tap in and black out
[01:31:10.920 --> 01:31:16.480]  the entire nation, leaving us vulnerable to our enemies. I've long opposed smart meters
[01:31:16.480 --> 01:31:22.000]  for privacy and health reasons. The catastrophic failures caused by hackers, there's nothing
[01:31:22.000 --> 01:31:27.720]  smart about that. I'm Dr. Catherine Albrecht for StartPage.com, the world's most private
[01:31:27.720 --> 01:31:34.480]  search engine. This is Building 7, a 47-story skyscraper that
[01:31:34.480 --> 01:31:39.080]  fell on the afternoon of September 11. The government says that fire brought it down.
[01:31:39.080 --> 01:31:44.560]  1,500 architects and engineers concluded it was a controlled demolition. Over 6,000 of
[01:31:44.560 --> 01:31:48.640]  my fellow service members have given their lives. And thousands of my fellow first responders
[01:31:48.640 --> 01:31:52.300]  are dying. I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City
[01:31:52.300 --> 01:31:56.760]  correction officer. I'm an Air Force pilot. I'm a father who lost his son. We're Americans
[01:31:56.760 --> 01:32:01.520]  and we deserve the truth. Go to RememberBuilding7.org today.
[01:32:01.520 --> 01:32:06.960]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar. In today's America,
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[01:33:26.240 --> 01:33:41.600]  Okay, we are back in Brett Fountain, Rule of Law Radio, and I planned on finishing the
[01:33:41.600 --> 01:33:50.080]  show out with this, but a cardboard filled up, so I'm going to just go to the punchline.
[01:33:50.080 --> 01:33:59.960]  The punchline is, is I want these judges to carefully read this pleading. I spent 30 years
[01:33:59.960 --> 01:34:07.080]  developing this particular document. I walk through the codes and stitch all the codes
[01:34:07.080 --> 01:34:18.500]  together in a way that it's really hard to misread them and misunderstand them. The Court
[01:34:18.500 --> 01:34:26.680]  of Criminal Appeals judges have been exposed to the way things are, are being done all
[01:34:26.680 --> 01:34:36.560]  these years and nobody's ever demonstrated to them how this is all, how it's wrong and
[01:34:36.560 --> 01:34:41.240]  how it has caused the problems that we're, we're experiencing.
[01:34:41.240 --> 01:34:50.640]  But when people are this immersed in how things are going, how do you get them to change?
[01:34:50.640 --> 01:34:59.240]  How do we overcome this mental momentum? And this suit was designed to do that. Since I'm
[01:34:59.240 --> 01:35:04.840]  able to sue them in their personal capacity, now I'm looking at getting their bass boat,
[01:35:04.840 --> 01:35:09.840]  now I've got their attention. And I doubt that the Court of Criminal Appeals has ever
[01:35:09.840 --> 01:35:16.000]  been sued this way before. So this is going to be a new experience for them. They should
[01:35:16.000 --> 01:35:22.880]  remember me because I put them all in front of a grand jury in 2008. Sharon Heller was
[01:35:22.880 --> 01:35:28.040]  there at the time and a number of the other judges were as well, so they should remember.
[01:35:28.040 --> 01:35:35.280]  Almost got them all indicted. Well, I'm the same guy and I'm back again and I just want
[01:35:35.280 --> 01:35:43.560]  them to read this carefully. They're reading it carefully so they can figure out how not
[01:35:43.560 --> 01:35:51.160]  to get a ruling against them. But it will force this information into their psyche and
[01:35:51.160 --> 01:35:58.640]  I'm hoping that down the road, as they hear more cases, they will remember what they read
[01:35:58.640 --> 01:36:00.040]  in here.
[01:36:00.040 --> 01:36:04.600]  Anyway, that was the idea, but we've got a full board of callers, so I'm going to go
[01:36:04.600 --> 01:36:12.880]  ahead and go to the callers. I asked Alphonse to call in, but I have a first-time caller
[01:36:12.880 --> 01:36:23.360]  and it's the rule to take them first. So I have, if you are in the 254 area code, give
[01:36:23.360 --> 01:36:27.040]  me a first name. 254 is around Waco.
[01:36:27.040 --> 01:36:32.160]  Yeah, it is Waco. It's Mark.
[01:36:32.160 --> 01:36:36.440]  It's Mark in Waco. The Mark in Waco?
[01:36:36.440 --> 01:36:39.080]  The Mark at Waco.
[01:36:39.080 --> 01:36:41.080]  I thought you were dead.
[01:36:41.080 --> 01:36:54.760]  Well, I got pretty close. I had a heart attack. I'm coming up on a year after that, but yeah,
[01:36:54.760 --> 01:36:59.280]  that's a whole other story, though.
[01:36:59.280 --> 01:37:04.360]  Mark is an old-time troublemaker. What do you have for us today?
[01:37:04.360 --> 01:37:12.680]  Well, I have, first of all, I want to say that it's kind of like coming home because
[01:37:12.680 --> 01:37:21.440]  I haven't heard the radio broadcast for a while. I don't know how long Brett's been
[01:37:21.440 --> 01:37:29.640]  there, but he sounds like a good addition, and so this week I heard you with Eddie and
[01:37:29.640 --> 01:37:40.280]  them, and it's kind of like medicine, and it's kind of nice to get back to that. I could
[01:37:40.280 --> 01:37:42.280]  feel myself healing.
[01:37:42.280 --> 01:37:47.040]  Well, I'm glad to see you're back. I just hope you don't call me down to get you out
[01:37:47.040 --> 01:37:48.040]  of jail.
[01:37:48.040 --> 01:37:51.680]  No, no, I'm not calling from jail.
[01:37:51.680 --> 01:37:58.200]  Okay, good, good. Mark used to run around a lot with Robert Fox.
[01:37:58.200 --> 01:38:02.440]  Yeah, a lot of troublemakers.
[01:38:02.440 --> 01:38:10.640]  Yeah, we'd miss the old buzzard. We lost him a few years ago.
[01:38:10.640 --> 01:38:21.120]  Well, let me start with something easy, and that is like how to get paid. I did a job
[01:38:21.120 --> 01:38:30.520]  for some people. They signed the work order, and when I got finished, they said, do you
[01:38:30.520 --> 01:38:36.400]  take MasterCard? And I said, no, we've already been over that. I've got five ways to pay,
[01:38:36.400 --> 01:38:44.280]  and MasterCard isn't one of them. And they're like, well, you might not get paid if you
[01:38:44.280 --> 01:38:49.480]  don't take MasterCard. And I said, I'm a small company.
[01:38:49.480 --> 01:38:57.600]  That's easy enough. Just send them a tort letter, and charge them a whole bunch more
[01:38:57.600 --> 01:39:06.640]  for, not a tort letter, send them a, what we call it a tort letter, but a notice and
[01:39:06.640 --> 01:39:19.400]  opportunity to cure. If you're familiar with UCC, add a whole bunch for annoyance factor
[01:39:19.400 --> 01:39:25.640]  and tell them that since they didn't pay you, you were unable to complete other jobs
[01:39:25.640 --> 01:39:34.960]  and it's cost you a whole bunch more. It's just a mushroom. So make me whole or be sued.
[01:39:34.960 --> 01:39:37.280]  That's likely to bring them to the table.
[01:39:37.280 --> 01:39:48.240]  All right. So then the fact after that is that, you know, I've been back a few times
[01:39:48.240 --> 01:39:55.720]  trying to get paid. And the latest thing was they wanted me to fill out a W-9. I said,
[01:39:55.720 --> 01:40:01.320]  no, I didn't agree to fill out of that. I don't know what that is, but I've never filled
[01:40:01.320 --> 01:40:09.640]  one out. And so does that have any bearing on your thought there with a tort letter?
[01:40:09.640 --> 01:40:17.240]  No bearing at all. If that wasn't part of your contract, it's not part of a requirement.
[01:40:17.240 --> 01:40:26.080]  What are they going to pay you extra if you sign a W-9? If they don't want to pay you
[01:40:26.080 --> 01:40:33.440]  extra for signing the W-9, then that's an unconscionable tenant to the contract.
[01:40:33.440 --> 01:40:37.400]  You can't just change the terms.
[01:40:37.400 --> 01:40:41.640]  And you can't add something that gives you benefit that doesn't give it a reciprocal
[01:40:41.640 --> 01:40:55.160]  benefit. Yeah. Okay. All right. Well, good. Well, let's get on then to perhaps a more
[01:40:55.160 --> 01:41:08.720]  difficult question. And this is unrelated to that, but it's been 30 years or so since
[01:41:08.720 --> 01:41:20.800]  I've had a driver's license and now I want one. And so I've got this apparently, it's
[01:41:20.800 --> 01:41:30.880]  called a, what did they tell me? The DPS thing is it's at the municipal court and these are
[01:41:30.880 --> 01:41:50.080]  all municipal charges, fines and traffic stuff. And according to the collections, well, the
[01:41:50.080 --> 01:41:56.640]  Texas Civil Practices Code 16.004, you've got four years to collect on a debt. And then
[01:41:56.640 --> 01:42:05.840]  after that, unless they recontracted, there's no, there's no chance of getting that, that
[01:42:05.840 --> 01:42:11.720]  paid. So does this apply to a government debt?
[01:42:11.720 --> 01:42:16.280]  It doesn't apply to a government. Okay. Well, there's my answer to that. Cause I was saying
[01:42:16.280 --> 01:42:24.200]  all of these things are like, you know, 15 or 20 years old. And no, Randy was asking,
[01:42:24.200 --> 01:42:28.640]  he was asking, does it apply?
[01:42:28.640 --> 01:42:34.120]  Does the four years apply to debt to the government? Is there an exception for government?
[01:42:34.120 --> 01:42:42.720]  Yeah. Well, if there's an exception, you know, I didn't find that in there, but that's why
[01:42:42.720 --> 01:42:45.560]  I was calling.
[01:42:45.560 --> 01:42:54.240]  Well, that would be the only stipulation you could file a motion with the court to dismiss
[01:42:54.240 --> 01:42:56.560]  is too old to prosecute.
[01:42:56.560 --> 01:43:06.440]  Yeah. I mean, they're, they're like time barred, like, you know, 16, 17 years.
[01:43:06.440 --> 01:43:15.640]  Were these just fines or did they, or were they warrants?
[01:43:15.640 --> 01:43:23.880]  They're saying, you know, I said, you know, going from memory, I don't think I ever have
[01:43:23.880 --> 01:43:28.640]  been to the municipal court for any of them.
[01:43:28.640 --> 01:43:36.800]  Okay. Then just tell them you want a jury trial on all of them.
[01:43:36.800 --> 01:43:52.000]  Give me a jury trial and I get the opportunity to examine the witness against me. Good luck
[01:43:52.000 --> 01:44:00.480]  with that guys. Hang on, Randy Kelton, Brett Fountain. We'll be right back.
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[01:46:27.440 --> 01:46:44.760]  Okay, we are back. Randy Kelton, Brett Fountain, and the Rule of Law Radio, and we'll talk
[01:46:44.760 --> 01:46:49.280]  to Mark at Waco. Mark, do you have anything else for us?
[01:46:49.280 --> 01:46:54.520]  Yeah, I got one more question there, and I'll try to make it fast so you can get some of
[01:46:54.520 --> 01:47:08.520]  these other people on. I'm the beneficiary of a bank account, and that would be Dr. Brooks's
[01:47:08.520 --> 01:47:13.360]  bank account. We went in and tried to get a joint account, but because I didn't have
[01:47:13.360 --> 01:47:17.480]  a driver's license, they wouldn't put me on it, so he just got an account and said,
[01:47:17.480 --> 01:47:26.760]  you're treated like it's your own. Then, of course, he passed away. Now, I gave them
[01:47:26.760 --> 01:47:38.360]  a death certificate, but now they want a driver's license or a state ID, neither of which that
[01:47:38.360 --> 01:47:44.840]  I can get or have. It's easy enough to get a state ID. You just
[01:47:44.840 --> 01:47:51.160]  need a birth certificate. Well, they're saying that those things in
[01:47:51.160 --> 01:47:59.600]  the DPS file that I was referring to in the municipal court has is holding me back from
[01:47:59.600 --> 01:48:04.040]  getting that, the driver's license or the state ID.
[01:48:04.040 --> 01:48:17.200]  Let's get a passport. Screw them. The passport is probably acceptable. The one thing is that
[01:48:17.200 --> 01:48:24.680]  they're backed up like six months. Do you have an expired passport?
[01:48:24.680 --> 01:48:32.880]  I have an expired one, yes. How long has it been expired?
[01:48:32.880 --> 01:48:38.960]  About a while. If it's only been expired a short time,
[01:48:38.960 --> 01:48:46.640]  you can renew it online, no cost. Yeah, it's over eight years.
[01:48:46.640 --> 01:48:51.400]  You can get it done expedited. Just go to the local post office, find out which one
[01:48:51.400 --> 01:49:01.500]  does passports. They can stick their state ID. Then, go to these municipal courts and
[01:49:01.500 --> 01:49:09.240]  demand a jury trial on each case. Send me an email. I'll send you a real good affidavit
[01:49:09.240 --> 01:49:15.720]  of inability to pay. They don't doubt that because they've never
[01:49:15.720 --> 01:49:23.240]  gotten paid from me for anything. Okay, we'll do that. I got one guy I asked
[01:49:23.240 --> 01:49:28.840]  to call in and I held him up. So, don't be a stranger.
[01:49:28.840 --> 01:49:38.880]  Yeah, yeah. Okay, I won't. But again, I quit claim that.
[01:49:38.880 --> 01:49:45.520]  Quit claim what? My interest in the son over power of attorney
[01:49:45.520 --> 01:49:51.560]  to somebody who has a driver's license and then quit claim.
[01:49:51.560 --> 01:49:57.560]  Does the bank recognize your claim? They haven't so far.
[01:49:57.560 --> 01:50:06.080]  Yeah, and the quit claim won't help. Okay, okay. Well, I'll work on this.
[01:50:06.080 --> 01:50:10.640]  Okay. Thank you, Mark. All right.
[01:50:10.640 --> 01:50:19.840]  Okay, now we're going to Mr. Alphonse. Okay, give us a really good question or issue.
[01:50:19.840 --> 01:50:23.800]  Mr. Kelton, how you doing there? I'm doing good.
[01:50:23.800 --> 01:50:30.000]  I need a little help. I think I could take out a law firm, a clerk, and a judge, and
[01:50:30.000 --> 01:50:32.800]  I think I could clean up the local tax system here.
[01:50:32.800 --> 01:50:36.520]  I got my federal case going on. That's going to clean up all my stuff. I'm not worried
[01:50:36.520 --> 01:50:41.160]  about me. I'm worried about helping the people around me in Pennsylvania. And there's a couple
[01:50:41.160 --> 01:50:45.320]  real simple things here that these courts, like you were talking about the judges, they
[01:50:45.320 --> 01:50:49.720]  just refuse to do. Well, the way these local tax system work
[01:50:49.720 --> 01:50:54.480]  is the attorney forges a lien, basically. Now, Pennsylvania's got a great rule of civil
[01:50:54.480 --> 01:50:58.640]  procedure. You love this, Randy. It states, if an action's commenced to that it's not
[01:50:58.640 --> 01:51:04.640]  by a complaint, the profiterate upon precipice of the defendant shall enter a rule upon the
[01:51:04.640 --> 01:51:10.160]  plaintiff to file a complaint. If a complaint is not filed within 20 days after service,
[01:51:10.160 --> 01:51:15.720]  the profiterate upon precipice of the defendant again shall enter a judgment of nonprose.
[01:51:15.720 --> 01:51:22.720]  So when they're forging these liens, I found this rule and I filed 1037A into the court.
[01:51:22.720 --> 01:51:27.680]  And guess what? The clerk does nothing. She sits on it. Because all she has to do is serve
[01:51:27.680 --> 01:51:31.920]  that rule to the other side, and there's no complaint ever going to get filed at any local
[01:51:31.920 --> 01:51:39.280]  tax case. So that would destroy the local tax game that they're doing upon people. And
[01:51:39.280 --> 01:51:44.640]  in this same matter, Brett's aware of it, I actually have an attorney and a clerk forging
[01:51:44.640 --> 01:51:51.040]  a writ of seer fossi, where when you read the actual statute, Pennsylvania Title 53-7185,
[01:51:51.040 --> 01:51:56.360]  it needs a president or court signature, it needs a clerk signature, and it needs a court
[01:51:56.360 --> 01:52:02.000]  stamp. But there's no president or court signature on there. There's no court stamp. So the judge
[01:52:02.000 --> 01:52:06.400]  knows that this is not a properly executed writ, and they turn their head and they let
[01:52:06.400 --> 01:52:12.200]  them execute these phony writs. So I would like to bring a case against them with that,
[01:52:12.200 --> 01:52:16.360]  and I think I could bring down a law firm and really clean up Pennsylvania, the local
[01:52:16.360 --> 01:52:18.080]  tax system.
[01:52:18.080 --> 01:52:20.960]  That sounds like a criminal conspiracy.
[01:52:20.960 --> 01:52:30.600]  That sure does. You can't assume that this judge and other judges just happen on their
[01:52:30.600 --> 01:52:39.800]  own to decide to not do their duty. They had to have conspired. And conspiracy is the one
[01:52:39.800 --> 01:52:44.960]  thing you don't have to conclusively prove. It can be implied by the circumstance.
[01:52:44.960 --> 01:52:50.120]  Now, I want to go after him, and like I got my... Well, you said my federal case, that's
[01:52:50.120 --> 01:52:54.520]  going to settle. I'm going to wind up signing an NDA and make that go away. But I want this
[01:52:54.520 --> 01:53:01.120]  local judge and I want this law firm for basically forging documents here. They're forging liens,
[01:53:01.120 --> 01:53:06.400]  they're not following rules of civil procedure, and they're forging writ of seer fossi, which
[01:53:06.400 --> 01:53:11.480]  is illegal as the day is long. My thing is that you've got your case against the judges.
[01:53:11.480 --> 01:53:18.960]  How do I get this guy not to be able to exercise his, quote unquote, his immunity, his judicial
[01:53:18.960 --> 01:53:20.960]  immunity? How do I get his judicial immunity?
[01:53:20.960 --> 01:53:32.120]  You have to get him on a administrative duty where he's ordered to do something specific
[01:53:32.120 --> 01:53:38.680]  over which he has no discretion. Okay.
[01:53:38.680 --> 01:53:42.840]  As opposed to something judicial where he's having to try to adjudicate it.
[01:53:42.840 --> 01:53:48.880]  Well, I mean, to me, it's not even a matter of an adjudication. If the statute says the
[01:53:48.880 --> 01:53:52.680]  president of the court's got to sign it, then it needs a court seal, and those two elements
[01:53:52.680 --> 01:53:55.000]  are missing. Exactly.
[01:53:55.000 --> 01:54:00.400]  If the statute says he has to sign it, that's an administrative duty.
[01:54:00.400 --> 01:54:03.520]  Exactly. Or ministerial, they may call it.
[01:54:03.520 --> 01:54:04.520]  Yeah.
[01:54:04.520 --> 01:54:08.200]  So that's what I was wondering, do you think that's enough to wrestle his immunity away
[01:54:08.200 --> 01:54:11.680]  from him basically at a lawsuit? Because I've never sued a judge before.
[01:54:11.680 --> 01:54:17.760]  Yeah, this is how you have to, the way you keep it in court is not what you can prove
[01:54:17.760 --> 01:54:26.960]  up at the end of the day. The way you keep it in court is the nature of your claim. Like,
[01:54:26.960 --> 01:54:31.120]  I went to a magistrate and gave him some criminal complaints and asked him to issue warrants
[01:54:31.120 --> 01:54:38.560]  and he refused because I wasn't a lawyer. So I sued him in his personal capacity.
[01:54:38.560 --> 01:54:39.800]  Right.
[01:54:39.800 --> 01:54:45.280]  This 15.09 says, when a complaint is forwarded to a magistrate, complete in accordance with
[01:54:45.280 --> 01:54:55.440]  1505, the magistrate has the requisites. The magistrate shall issue a warrant forthwith.
[01:54:55.440 --> 01:55:02.360]  He didn't issue a warrant. There was no discretion. He failed to perform a duty. He was commanded
[01:55:02.360 --> 01:55:07.360]  to perform and in the process, I mean, form free access to enjoyment of right, not call
[01:55:07.360 --> 01:55:13.660]  that official misconduct, official oppression. That's class A misdemeanor in Texas. And he's
[01:55:13.660 --> 01:55:24.720]  also not, has no immunity because he had no ability to make a determination of probable
[01:55:24.720 --> 01:55:25.720]  cause.
[01:55:25.720 --> 01:55:26.720]  Right.
[01:55:26.720 --> 01:55:33.240]  And you should have seen him when I got him in court. He was not near so arrogant as he
[01:55:33.240 --> 01:55:37.440]  was when he refused to act on my complaints.
[01:55:37.440 --> 01:55:44.280]  Now, another question, this 1037A, this rule where the clerk is supposed to serve this
[01:55:44.280 --> 01:55:50.360]  rule. I can actually push a case right now and serve this again in a case. Should I do
[01:55:50.360 --> 01:55:54.640]  a writ of mandamus on this? Numbers five of 1037A, let her shelve it?
[01:55:54.640 --> 01:56:00.520]  No, no, do not do a mandamus. If the clerk was required to file it and she didn't file
[01:56:00.520 --> 01:56:06.160]  it, you got her. You could do a mandamus and that'll get her off the dime.
[01:56:06.160 --> 01:56:12.840]  And how should I go with her with this 1037A rule that she shall serve and she's not doing?
[01:56:12.840 --> 01:56:19.640]  Yeah. It's like, oh, I won't run that red light again. Okay. So you don't have to give
[01:56:19.640 --> 01:56:26.960]  me the ticket. No, no, no. You run the red light. Ding. You can't unring that bell. She
[01:56:26.960 --> 01:56:34.080]  was commanded to do this. She didn't do this. She committed the act. She can't unring it.
[01:56:34.080 --> 01:56:38.800]  So just sue her and bring her into the suit, basically.
[01:56:38.800 --> 01:56:44.000]  Yeah. I don't even know that you have to give her a tort letter because you're not suing
[01:56:44.000 --> 01:56:49.800]  her in her capacity as a clerk, as a public official, you're suing her in her private
[01:56:49.800 --> 01:56:59.360]  capacity. Just have somebody serve her. You will definitely get their attention.
[01:56:59.360 --> 01:57:04.160]  Yeah, because that'll clean up the entire, like I said, and the good nice thing with
[01:57:04.160 --> 01:57:08.640]  this, it's a one page precipice that anyone could use here in Pennsylvania. And it would
[01:57:08.640 --> 01:57:12.560]  literally destroy these municipalities stealing money from people.
[01:57:12.560 --> 01:57:21.000]  Yeah. And it's time we as citizens started doing what we're able to do. You know, I got
[01:57:21.000 --> 01:57:26.440]  these rules, never give fair warning. Right. Don't, don't tell her what she's supposed
[01:57:26.440 --> 01:57:31.520]  to do. Don't do a mandamus and get the higher court to tell her what she's supposed to do.
[01:57:31.520 --> 01:57:37.600]  Ask her to do something you don't want her to do. And then when she doesn't do it, boom.
[01:57:37.600 --> 01:57:41.520]  Now I got a rule. Fair warning time wise. When I serve her this 1037A and she's going
[01:57:41.520 --> 01:57:47.040]  to shelve it again, how much time wise would be fair warning before I file a suit against
[01:57:47.040 --> 01:57:48.040]  her?
[01:57:48.040 --> 01:57:57.720]  How long does it take her to sign it? Give her a week, a week. Okay. Don't give her too
[01:57:57.720 --> 01:58:07.520]  much time. Okay. But blindsider, blindsider, blindsiding is great. She gets this, she's
[01:58:07.520 --> 01:58:12.280]  going to have a conniption fit and run to the judges. What can I do? What can I do?
[01:58:12.280 --> 01:58:13.280]  Look what he's doing.
[01:58:13.280 --> 01:58:14.280]  He's in on it.
[01:58:14.280 --> 01:58:24.640]  I can't do anything. He's suing me too. Okay. Thank you, Alfonso. Don't be a stranger.
[01:58:24.640 --> 01:58:27.760]  I haven't picked on you on the air in a long time.
[01:58:27.760 --> 01:58:33.320]  Well, listen, sometimes it's good to get beat up a little bit, you know?
[01:58:33.320 --> 01:58:38.920]  Okay. Thank you all for listening. This is Randy Kelton, Brett Fountain, Rue La Radio.
[01:58:38.920 --> 01:58:44.120]  We'll be back next week on our regular two hour Thursday, four hour Friday show and make
[01:58:44.120 --> 01:58:50.480]  sure you catch Eddie Craig on 8 o'clock Monday nights. Thank you for listening and good night.
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