[00:00.000 --> 00:05.760]  The Bill of Rights contains the first 10 amendments of our Constitution.
[00:05.760 --> 00:09.440]  They guarantee the specific freedoms Americans should know and protect.
[00:09.440 --> 00:10.920]  Our liberty depends on it.
[00:10.920 --> 00:14.840]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.840 --> 00:16.940]  your First Amendment rights.
[00:16.940 --> 00:18.540]  Privacy is under attack.
[00:18.540 --> 00:22.140]  When you give up data about yourself, you'll never get it back again.
[00:22.140 --> 00:26.920]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[00:26.920 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.680]  Privacy, it's worth hanging on to.
[00:34.680 --> 00:38.960]  This public service announcement is brought to you by Startpage.com, the private search
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[00:44.840 --> 00:47.800]  Spar, it's what fighters do.
[00:47.800 --> 00:51.240]  It's also how I remember the five guarantees of the First Amendment.
[00:51.240 --> 00:56.720]  If you plan to take away my rights, I'm going to spar with you, S-P-A-R with an extra P,
[00:56.720 --> 01:03.040]  S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:03.040 --> 01:06.880]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:06.880 --> 01:10.840]  assembly, and religion, but petition for redress is another matter.
[01:10.840 --> 01:14.560]  We have the right to petition the government for a redress of grievances.
[01:14.560 --> 01:18.080]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.080 --> 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 --> 01:34.680]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.680 --> 01:38.140]  They guarantee the specific freedoms Americans should know and protect.
[01:38.140 --> 01:39.640]  Our liberty depends on it.
[01:39.640 --> 01:43.520]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.520 --> 01:46.640]  one of your constitutional rights.
[01:46.640 --> 01:48.240]  Privacy is under attack.
[01:48.240 --> 01:51.840]  When you give up data about yourself, you'll never get it back again.
[01:51.840 --> 01:56.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.640 --> 02:01.760]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.760 --> 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 --> 02:12.220]  engine alternative to Google, Yahoo, and Bing.
[02:12.220 --> 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 --> 02:30.560]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.560 --> 02:31.560]  Get it?
[02:31.560 --> 02:33.880]  Two arms, bear hug, bear arms?
[02:33.880 --> 02:37.600]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.600 --> 02:38.600]  when he said,
[02:38.600 --> 02:43.640]  The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.640 --> 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 --> 03:19.280]  More news and information at CatherineAlbrecht.com.
[03:22.880 --> 03:52.120]  the right of the citizens to bear arms is just one guarantee against arbitrary government,
[03:52.120 --> 04:09.960]  one more safeguard against the tyranny which now appears remote in America, but which
[04:09.960 --> 04:30.400]  now appears remote in America, but which now appears remote in America, but which now
[04:30.400 --> 04:47.240]  appears remote in America, but which now appears remote in America, but which now appears
[04:47.240 --> 05:07.920]  remote in America, but which now appears remote in America, but which now appears remote
[05:07.920 --> 05:13.600]  There's a gentleman named Edwin Vieira, a lawyer from Harvard, who has written some
[05:13.600 --> 05:15.480]  works on the militia.
[05:15.480 --> 05:22.480]  But the question must arise in our modern day, who and what and where is the militia
[05:22.480 --> 05:29.720]  and what responsibilities, duties, obligations have been given to the militia?
[05:29.720 --> 05:36.240]  And the militias, we the people, in a Republican form of government, we're guaranteed a Republican
[05:36.240 --> 05:45.400]  form of government, the militia are preeminent, we're the primary defense force of the country.
[05:45.400 --> 05:52.960]  And so when the Second Amendment says a well-regulated militia being necessary, where else in the
[05:52.960 --> 05:56.360]  Constitution is the word necessary used?
[05:56.360 --> 05:57.360]  The answer is never.
[05:57.360 --> 06:03.520]  The president isn't necessary, the Supreme Court is not necessary, nothing is necessary,
[06:03.520 --> 06:09.760]  the Congress is not necessary, the only thing that is strictly speaking necessary is the
[06:09.760 --> 06:17.000]  militia and it is to be well-regulated and to enforce the laws of the United States,
[06:17.000 --> 06:20.020]  to repel invasions, to suppress insurrections.
[06:20.020 --> 06:26.400]  There is nowhere else in the Constitution where duties are specifically given for law
[06:26.400 --> 06:27.400]  enforcement.
[06:27.400 --> 06:34.400]  So the question arises, okay, well, if we the people are the militia and the state militias,
[06:34.400 --> 06:39.880]  the militias of the several states were well-organized at one time and they're not anymore, what
[06:39.880 --> 06:40.880]  do we do?
[06:40.880 --> 06:46.880]  And another thing is when a policeman in a uniform comes up to you and he's got a gun
[06:46.880 --> 06:51.800]  and a badge, is he your superior officer?
[06:51.800 --> 06:59.720]  The first statewide police force was created here in Texas by the Texas Rangers, but the
[06:59.720 --> 07:04.400]  Constitution predates that by many decades.
[07:04.400 --> 07:10.640]  I would think that we have a superseding authority as militia members and most of the other police
[07:10.640 --> 07:14.720]  organizations weren't formed until the 1880s.
[07:14.720 --> 07:24.040]  So the question is, does an organization of constitutional origin, stature, and magnitude,
[07:24.040 --> 07:30.400]  is it not superior to a police department that was created in 1880?
[07:30.400 --> 07:34.200]  And that's the question we need to have answered.
[07:34.200 --> 07:39.040]  What do you think there, Reverend Kelton?
[07:39.040 --> 07:47.400]  I am thinking they will state that when the policing authorities were created, for instance,
[07:47.400 --> 07:56.000]  the sheriff and not the state police, the state police in Texas are merely traffic cops.
[07:56.000 --> 08:00.680]  They have no criminal enforcement authority.
[08:00.680 --> 08:05.880]  The only time they can enforce the criminal laws is at the direction of and under the,
[08:05.880 --> 08:10.320]  at the request of and under the direction of local law enforcement.
[08:10.320 --> 08:19.280]  It was the sheriff who was given authority to enforce the laws in the county.
[08:19.280 --> 08:28.000]  And I suspect they're going to say that when the authority that it took the authority away
[08:28.000 --> 08:29.000]  from the...
[08:29.000 --> 08:30.000]  You suspect they're going to say what?
[08:30.000 --> 08:37.400]  I suspect they're going to say that when this authority was given to the sheriff, it superseded
[08:37.400 --> 08:39.820]  any other authority.
[08:39.820 --> 08:47.000]  But then the militia was not really designed to enforce the local laws.
[08:47.000 --> 08:49.760]  How do we know that?
[08:49.760 --> 08:51.680]  How do we know that?
[08:51.680 --> 08:53.520]  What does the-
[08:53.520 --> 08:59.120]  Any assertion that the local cops or the sheriff are superior to the constitutional militia
[08:59.120 --> 09:00.960]  is mere conjecture.
[09:00.960 --> 09:03.920]  I would like to see some historical fact.
[09:03.920 --> 09:13.760]  The historical fact is starting to become very, very preeminent in federal jurisprudence regarding
[09:13.760 --> 09:17.280]  the right to keep and bear arms.
[09:17.280 --> 09:21.120]  But they can't just say, well, we think it's a good idea that all the responsibilities
[09:21.120 --> 09:27.360]  that are enumerated in the constitution to be the responsibility, obligation, and duty
[09:27.360 --> 09:32.640]  of the militia, we're not just going to conjecture that, well, now it's best we think maybe kind
[09:32.640 --> 09:36.120]  of sort of that the sheriff do that, and that's okay.
[09:36.120 --> 09:37.120]  Where is the documentation?
[09:37.120 --> 09:45.040]  No, the sheriff doesn't protect us, the country, from invasion.
[09:45.040 --> 09:46.040]  That's what the militia-
[09:46.040 --> 09:49.680]  Is that the only-
[09:49.680 --> 09:50.680]  Is that the only-
[09:50.680 --> 09:52.640]  The sheriff just enforced the local laws.
[09:52.640 --> 09:57.160]  Well, where in the constitution is the sheriff mentioned?
[09:57.160 --> 10:02.120]  He's not, he's mentioned in statute.
[10:02.120 --> 10:06.920]  He's mentioned in statute, he's mentioned in some of the state constitutions.
[10:06.920 --> 10:11.760]  But suppose the sheriff doesn't do his job, does that mean that the militia is to stand
[10:11.760 --> 10:22.360]  down and the laws are to be not enforced, and chaos and violence is to rule the land?
[10:22.360 --> 10:27.360]  We need a court to tell us what are the duties.
[10:27.360 --> 10:30.360]  Well, we're in the constitution-
[10:30.360 --> 10:31.360]  Yeah?
[10:31.360 --> 10:33.080]  I'm breaking up here.
[10:33.080 --> 10:36.360]  Yeah, you said where in the constitution?
[10:36.360 --> 10:45.560]  Yeah, where in the constitution is who delegated what?
[10:45.560 --> 10:52.760]  And to me, an organization of constitutional statute is preeminent.
[10:52.760 --> 10:58.560]  Yeah, that does make sense.
[10:58.560 --> 10:59.920]  Absolutely.
[10:59.920 --> 11:06.680]  And all of these laws regarding keeping and bearing of arms, when you look at the first
[11:06.680 --> 11:10.560]  clause of the constitution, not the part that says you have the right to keep and bear arms,
[11:10.560 --> 11:16.320]  but the first car part of the second amendment talks about keeping the security of a free
[11:16.320 --> 11:17.560]  state.
[11:17.560 --> 11:23.760]  We have the right to keep and bear arms for personal use, but we have an obligation to
[11:23.760 --> 11:26.320]  defend the state and the nation.
[11:26.320 --> 11:33.120]  And that, I don't believe any subordinate authority can interfere with.
[11:33.120 --> 11:36.480]  I don't think the state can interfere with that.
[11:36.480 --> 11:42.040]  And the federal courts are starting to recognize this.
[11:42.040 --> 11:45.040]  Did we lose point, Randy?
[11:45.040 --> 11:47.840]  Randy, are you back?
[11:47.840 --> 11:49.520]  Yeah, I'm here.
[11:49.520 --> 11:51.480]  I'm having trouble coming in and out.
[11:51.480 --> 12:00.200]  I was reading the second amendment, a well-regulated militia being necessary to the security of
[12:00.200 --> 12:02.200]  a free state.
[12:02.200 --> 12:07.280]  The right of the people to keep and bear arms shall not be in front.
[12:07.280 --> 12:10.800]  All right, take the secondary clause.
[12:10.800 --> 12:13.320]  What does that really mean?
[12:13.320 --> 12:18.400]  Take the second clause and drop it off immediately, and just say a well-regulated militia being
[12:18.400 --> 12:23.400]  necessary to the security of a free state.
[12:23.400 --> 12:27.740]  That's very powerful.
[12:27.740 --> 12:31.640]  We cannot do without a well-regulated militia.
[12:31.640 --> 12:34.920]  The state will have no security.
[12:34.920 --> 12:37.960]  Now we need something that defines a militia.
[12:37.960 --> 12:46.680]  To what extent can we say that it only exists as it used to exist at that time, and has
[12:46.680 --> 12:54.400]  not been upstaged in some way by the development of all of our Navy and Marines and Air Force
[12:54.400 --> 12:56.680]  and everything?
[12:56.680 --> 13:05.800]  Unless there's been a constitutional militia, the words stand as they were in 1789.
[13:05.800 --> 13:09.880]  Without an amendment, they're exactly the same.
[13:09.880 --> 13:15.120]  The Constitution is not amended by time or disuse.
[13:15.120 --> 13:19.760]  So this is a very interesting question.
[13:19.760 --> 13:26.560]  Who are we, the people, in relation to the state, to the United States, to the militia
[13:26.560 --> 13:28.920]  of the several states?
[13:28.920 --> 13:32.240]  And what are our duties, responsibilities, and obligations?
[13:32.240 --> 13:36.440]  And who, if anybody, is superior to us?
[13:36.440 --> 13:41.200]  And that is a very good question.
[13:41.200 --> 13:48.800]  Who is superior to us in our capacity as a member of the militia?
[13:48.800 --> 13:51.880]  As a member of the militia.
[13:51.880 --> 13:59.080]  The Second Amendment merely states militia, it doesn't define a militia.
[13:59.080 --> 14:00.920]  The courts have defined militia.
[14:00.920 --> 14:06.520]  There are statutes that say it's all males between 17 and 45, but there are other historical
[14:06.520 --> 14:09.560]  precedents that say it's everybody.
[14:09.560 --> 14:15.640]  So if the Chinese were to drop some nuclear bombs and invade us, would everybody under
[14:15.640 --> 14:22.880]  the age of 17 or over the age of 45 be exempt from defending the country?
[14:22.880 --> 14:24.960]  No, of course not.
[14:24.960 --> 14:30.500]  The militia is all of the people, and the legislatures cannot get rid of the militia
[14:30.500 --> 14:34.720]  because the militia is all of the people.
[14:34.720 --> 14:41.080]  And the authority that the legislatures wield is the end result of that which was granted
[14:41.080 --> 14:44.960]  to them by we, the people.
[14:44.960 --> 14:47.720]  I'm looking at some case law here.
[14:47.720 --> 14:48.720]  The preferatory-
[14:48.720 --> 14:56.480]  The militia being necessary in the security of the state, it will regulate militia in
[14:56.480 --> 15:00.520]  the United States, the United States v. Miller.
[15:00.520 --> 15:07.320]  We explained that the militia comprises of males physically capable in concert for common
[15:07.320 --> 15:10.160]  defense.
[15:10.160 --> 15:14.680]  So there is case law out there that defines a militia.
[15:14.680 --> 15:19.960]  That's the Miller law when they were talking about shot-up shotguns, right?
[15:19.960 --> 15:29.720]  Yes, this is the District of Columbia v. Heller, and it's about the gun regulations in the
[15:29.720 --> 15:32.920]  District of Columbia being unconstitutional.
[15:32.920 --> 15:39.080]  Well, there is a new decision came out of the Third Circuit in Philadelphia that says
[15:39.080 --> 15:47.720]  that your Second Amendment rights cannot be removed for trivial or transient reasons.
[15:47.720 --> 15:51.040]  I mean, a constitutional right cannot be overruled.
[15:51.040 --> 15:56.440]  Like, you know, if you parked in a no-parking zone, and the statute said that you lose your
[15:56.440 --> 15:59.200]  gun rights, that's obviously unconstitutional.
[15:59.200 --> 16:01.200]  It's just nonsense.
[16:01.200 --> 16:07.640]  And if you're convicted of a nonviolent felony, you don't lose your gun rights.
[16:07.640 --> 16:15.640]  Here, Scalia rendered this ruling in 2008 in the Heller case.
[16:15.640 --> 16:19.400]  The District of Columbia generally prohibits the possession of handguns.
[16:19.400 --> 16:23.480]  It is a crime to carry an unregistered firearm and the registr-
[16:23.480 --> 16:32.080]  CDC Code 7-2501.
[16:32.080 --> 16:36.800]  Wholly apart from the prohibition, no person may carry a handgun without a license, but
[16:36.800 --> 16:40.360]  the chief of police may issue licenses for one-year periods.
[16:40.360 --> 16:45.160]  I'll have to read this to find the pertinent part.
[16:45.160 --> 16:49.360]  Dick Heller is a D.C. special police officer authorized to carry a handgun.
[16:49.360 --> 16:53.640]  While on duty, he applied for a registration certificate for a handgun that he wished to
[16:53.640 --> 16:54.640]  keep home.
[16:54.640 --> 16:55.640]  Too long.
[16:55.640 --> 16:56.640]  Too long to read over here.
[16:56.640 --> 16:57.640]  I'll have to read.
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[19:52.320 --> 20:09.200]  Okay, we are back in the Kelton-Brent Fountain rule of law radio and we're talking to Dr.
[20:09.200 --> 20:12.480]  Joe about malicious.
[20:12.480 --> 20:16.440]  Tell us about what you did in New York.
[20:16.440 --> 20:20.400]  I went to New York.
[20:20.400 --> 20:25.820]  I had a pistol permit in New York and I've moved to Texas and my pistol permit went by
[20:25.820 --> 20:27.360]  the wayside.
[20:27.360 --> 20:32.880]  But I'm a member of the militia of the several states according to the federal constitution
[20:32.880 --> 20:39.200]  and I'm charged with the responsibility, obligation and duty to suppress insurrections, repel
[20:39.200 --> 20:42.400]  invasions and to enforce the laws in the United States.
[20:42.400 --> 20:45.160]  So I stopped at a gun store and said, I want to buy a handgun.
[20:45.160 --> 20:49.720]  They said, well, I'm sorry, we can't sell it to you, you're from out of state and you
[20:49.720 --> 20:51.640]  don't have a New York state pistol permit.
[20:51.640 --> 20:56.320]  I said, well, well noted and I got his name and I got his business card.
[20:56.320 --> 21:03.080]  And now it's time for me to make a claim or, I don't know, you know better than I, ask
[21:03.080 --> 21:05.920]  for a declaratory judgment out of a federal court.
[21:05.920 --> 21:11.540]  I want to be able to fulfill my obligations under the federal constitution.
[21:11.540 --> 21:17.080]  Whether I'm in New York, Texas, Maine, New Jersey, I have an obligation and they're interfering
[21:17.080 --> 21:24.020]  with my responsibilities and they're interfering with my duties as a militia officer.
[21:24.020 --> 21:28.840]  I'm a member of the militia of the several states by definition.
[21:28.840 --> 21:34.440]  And I take that responsibility seriously.
[21:34.440 --> 21:37.920]  I'm an officer and it's my duty.
[21:37.920 --> 21:45.080]  If somebody lands on the shores of New York or Delaware or Florida, they will find me
[21:45.080 --> 21:52.520]  in their face with all of my, all of my militia accoutrements ready to defend my country.
[21:52.520 --> 21:55.240]  And nobody can interfere with that.
[21:55.240 --> 21:56.240]  Nobody.
[21:56.240 --> 21:58.240]  Does that make sense?
[21:58.240 --> 21:59.240]  Yes.
[21:59.240 --> 22:00.240]  Yeah, it does.
[22:00.240 --> 22:03.240]  I really like that angle.
[22:03.240 --> 22:05.120]  Yeah.
[22:05.120 --> 22:08.560]  And this is, you know, this is no longer an anachronism.
[22:08.560 --> 22:13.520]  We've got a billion and a half Chinese off the West coast who would love to come here
[22:13.520 --> 22:15.840]  and take over this place.
[22:15.840 --> 22:21.000]  So this is, they constitute in my mind a clear and present danger.
[22:21.000 --> 22:25.440]  They've already infiltrated some of our academic institutions and there have been hearings
[22:25.440 --> 22:26.440]  on this.
[22:26.440 --> 22:31.200]  This country is in danger if not in an undeclared war.
[22:31.200 --> 22:38.800]  And we as members of the society, as citizens, and as members of the militia of the several
[22:38.800 --> 22:45.320]  states, we'd better do something about what's going on.
[22:45.320 --> 22:49.640]  We have an obligation.
[22:49.640 --> 22:55.840]  And is it, well, it's codified in the Constitution and that's going to make it hard for them
[22:55.840 --> 22:58.840]  to get around.
[22:58.840 --> 23:07.920]  Well, they'll try, but I don't see any way they can get around it.
[23:07.920 --> 23:16.080]  Well, there's definitely, the case law I'm looking at is not really, it's addressing
[23:16.080 --> 23:21.360]  the Second Amendment, but they're skating around militia.
[23:21.360 --> 23:31.680]  They keep quoting a well-regulated militia, but they're saying that the clause authorizes
[23:31.680 --> 23:38.320]  citizens to be armed for reasons other than the militia.
[23:38.320 --> 23:44.240]  Well at the time of the signing of the Constitution and during the Revolutionary War, every state
[23:44.240 --> 23:47.560]  that had this militia, and they were armed and accoutred.
[23:47.560 --> 23:55.280]  They had uniforms, they had officers, they had rank and file, they were organized.
[23:55.280 --> 24:00.160]  And that has been allowed to fall into neglect and decay.
[24:00.160 --> 24:05.440]  But nonetheless, historically, it exists in the historical record.
[24:05.440 --> 24:11.520]  And we are the intellectual and political descendants of the people who were at Bunker
[24:11.520 --> 24:19.960]  Hill and the Battle of Herkimer and everything in the Revolutionary War.
[24:19.960 --> 24:22.200]  We have authority.
[24:22.200 --> 24:25.280]  We have historic reference.
[24:25.280 --> 24:27.120]  We have precedent.
[24:27.120 --> 24:30.080]  And we have a responsibility, obligation, and duty.
[24:30.080 --> 24:31.080]  What are we going to do?
[24:31.080 --> 24:36.320]  Just sit here and do nothing at all as the Chinese infiltrate our economic and other
[24:36.320 --> 24:37.320]  institutions?
[24:37.320 --> 24:38.320]  God forbid.
[24:38.320 --> 24:45.120]  You don't have faith in Biden?
[24:45.120 --> 24:48.680]  About two years ago, when I knew all this was going to blow up, I went and had a t-shirt
[24:48.680 --> 24:52.240]  made that said, Hunter Biden for President.
[24:52.240 --> 24:59.160]  And whenever I wear it, you ought to see the looks I get.
[24:59.160 --> 25:02.160]  Hunter Biden for President, yes, I have faith.
[25:02.160 --> 25:06.520]  What do you think there, Reverend Kelton?
[25:06.520 --> 25:17.280]  I'm looking, trying to find something that conclusively establishes the duty and authority
[25:17.280 --> 25:21.400]  of malicious.
[25:21.400 --> 25:27.840]  Most of what I can find about Second Amendment goes to the right of the people to use arm
[25:27.840 --> 25:31.280]  air.
[25:31.280 --> 25:36.400]  It has to do with the right of self-defense, and that's a valid consideration.
[25:36.400 --> 25:42.800]  But it doesn't take into consideration the first part of the clause.
[25:42.800 --> 25:47.240]  Right, the defense of the nation.
[25:47.240 --> 25:54.680]  The security of the state, a well-regulated militia existed, had uniforms.
[25:54.680 --> 26:01.040]  They had songs, and they went to taverns and got drunk and fought the British.
[26:01.040 --> 26:06.280]  They were a military entity, and we are their descendants.
[26:06.280 --> 26:10.260]  We have to do something about what those words mean.
[26:10.260 --> 26:11.400]  They mean something.
[26:11.400 --> 26:14.240]  They meant something in 1776.
[26:14.240 --> 26:18.720]  They meant something during the French and Indian War, when people were being murdered
[26:18.720 --> 26:23.400]  by the Indians at the behest of the British.
[26:23.400 --> 26:29.980]  They meant something in 1789, when the militias were included in the federal constitution,
[26:29.980 --> 26:34.160]  and they mean something now.
[26:34.160 --> 26:43.640]  And we need to get some definitive current case law supporting that, and that would tend
[26:43.640 --> 26:50.540]  to end a lot of this movement toward gun control.
[26:50.540 --> 26:52.460]  A lot of squabbles.
[26:52.460 --> 26:59.680]  It would mean that I can go from Texas to Louisiana to Florida with my arms, my personal
[26:59.680 --> 27:00.680]  arms.
[27:00.680 --> 27:01.680]  They're not weapons.
[27:01.680 --> 27:02.680]  They're not firearms.
[27:02.680 --> 27:03.680]  They're not guns.
[27:03.680 --> 27:12.240]  They're my arms, as specified in the Second Amendment, and I should be able to do so with
[27:12.240 --> 27:22.180]  absolute certainty that I am doing a lawful act as a militia officer.
[27:22.180 --> 27:24.160]  And we need that protection.
[27:24.160 --> 27:29.760]  All these penny-ante-two-bit gun laws where you only have a gun if you stand on your left
[27:29.760 --> 27:33.960]  leg on every other Thursday, that's all nonsense.
[27:33.960 --> 27:40.000]  We need a definitive, worthwhile way to deal with the difficulties that politically and
[27:40.000 --> 27:42.720]  economically are coming in the near future.
[27:42.720 --> 27:44.920]  There's no question about it.
[27:44.920 --> 27:45.920]  Yeah.
[27:45.920 --> 27:53.400]  It may be more critical now than ever, because things are really beginning to fall apart
[27:53.400 --> 27:59.040]  thanks to Mr. Biden and the far left.
[27:59.040 --> 28:00.040]  Yeah.
[28:00.040 --> 28:02.080]  This whole nation is never-
[28:02.080 --> 28:06.280]  Somebody else pays all their bills for us.
[28:06.280 --> 28:12.520]  It has never been like this since the Civil War, really.
[28:12.520 --> 28:16.080]  I've never seen anything so crazy.
[28:16.080 --> 28:18.080]  Brad, I think it's up to you and I.
[28:18.080 --> 28:22.080]  I think Randy's going to spend the rest of his life with his nose in the books trying
[28:22.080 --> 28:25.080]  to come up with a justification.
[28:25.080 --> 28:31.600]  You and I are going to have to take the responsibility, obligation, and duty to defend these United
[28:31.600 --> 28:32.600]  States.
[28:32.600 --> 28:35.600]  Are you up to the task?
[28:35.600 --> 28:38.600]  I'm up to the task.
[28:38.600 --> 28:45.840]  And if I can get caught up with what I'm doing, I'm in the middle of laying the groundwork
[28:45.840 --> 28:47.360]  for this kind of thing.
[28:47.360 --> 28:52.760]  I'm in the process of trying to eliminate the rift-
[28:52.760 --> 28:56.880]  Eliminate the what?
[28:56.880 --> 28:58.800]  The public.
[28:58.800 --> 29:03.240]  The rift, the separation between us, and get us both back on the same page.
[29:03.240 --> 29:07.640]  Well, yeah, I was helping a guy.
[29:07.640 --> 29:17.120]  He spent almost six months in jail because he had, in his glove box, he had hollow point
[29:17.120 --> 29:19.160]  ammo.
[29:19.160 --> 29:20.160]  They weren't even in a gun.
[29:20.160 --> 29:21.840]  They were just in a magazine.
[29:21.840 --> 29:27.640]  But he was driving through one of these states where they said, oh, that's illegal.
[29:27.640 --> 29:29.520]  You can't have that.
[29:29.520 --> 29:31.240]  Where was this?
[29:31.240 --> 29:34.840]  New Jersey.
[29:34.840 --> 29:37.840]  They say hollow points aren't allowed in New Jersey.
[29:37.840 --> 29:38.840]  Right.
[29:38.840 --> 29:43.840]  I've got some comments to make about this.
[29:43.840 --> 29:50.600]  This is just kind of nonsense, interferes with the legitimate exercise and the protective
[29:50.600 --> 29:52.600]  authority of the militia.
[29:52.600 --> 29:54.360]  Okay, hang on, hang on.
[29:54.360 --> 29:57.960]  About to go to our sponsors, Randy Kelton, Brett Fountain.
[29:57.960 --> 30:01.200]  We'll be right back.
[30:01.200 --> 30:05.640]  What I know is that walking is a great exercise, but you might not know that the way you walk
[30:05.640 --> 30:07.800]  could predict how long you're going to live.
[30:07.800 --> 30:13.000]  I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication
[30:13.000 --> 30:14.680]  in just a moment.
[30:14.680 --> 30:16.280]  Privacy is under attack.
[30:16.280 --> 30:19.880]  When you give up data about yourself, you'll never get it back again.
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[30:24.640 --> 30:29.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
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[30:43.520 --> 30:47.960]  New research shows how fast you walk could predict how long you're going to live.
[30:47.960 --> 30:52.520]  The Journal of the American Medical Association reports that older adults who walk one meter
[30:52.520 --> 30:55.760]  per second or faster live longer than expected.
[30:55.760 --> 31:00.160]  In case you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.160 --> 31:04.860]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:04.860 --> 31:07.200]  as more traditional statistical measures.
[31:07.200 --> 31:10.520]  Generally speaking, faster walkers live longer.
[31:10.520 --> 31:13.000]  Measuring walking speed is quick and inexpensive.
[31:13.000 --> 31:16.840]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.840 --> 31:21.000]  Researchers say it could help doctors identify older patients who need special care.
[31:21.000 --> 31:22.920]  I'm Dr. Catherine Albrecht.
[31:22.920 --> 31:30.520]  More news and information at CatherineAlbrecht.com.
[31:30.520 --> 31:31.520]  I lost my son.
[31:31.520 --> 31:32.520]  My nephew.
[31:32.520 --> 31:33.520]  My uncle.
[31:33.520 --> 31:34.520]  My son.
[31:34.520 --> 31:35.520]  On September 11th, 2001.
[31:35.520 --> 31:38.760]  Most people don't know that a third tower fell on September 11th.
[31:38.760 --> 31:42.880]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.880 --> 31:46.760]  Although the official explanation is that fire brought down Building 7.
[31:46.760 --> 31:51.560]  Over 1,200 architects and engineers have looked into the evidence and believe there is more
[31:51.560 --> 31:52.560]  to the story.
[31:52.560 --> 31:53.560]  Injustice to my son.
[31:53.560 --> 31:54.560]  My uncle.
[31:54.560 --> 31:55.560]  My nephew.
[31:55.560 --> 31:56.560]  My son.
[31:56.560 --> 31:57.560]  Go to buildingwhat.org.
[31:57.560 --> 31:58.560]  Why it fell.
[31:58.560 --> 31:59.560]  Why it matters.
[31:59.560 --> 32:01.720]  And what you can do.
[32:01.720 --> 32:06.080]  Are you looking to have a closer relationship with God and a better understanding of His
[32:06.080 --> 32:07.080]  Word?
[32:07.080 --> 32:12.240]  Then tune in to logosradionetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture
[32:12.240 --> 32:18.640]  Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[32:18.640 --> 32:23.160]  Study to show thyself approved unto God, a workman that needed not to be ashamed, rightly
[32:23.160 --> 32:25.560]  dividing the word of truth.
[32:25.560 --> 32:29.200]  Starting in January, our first hour studies are in the Book of Mark, where we'll go
[32:29.200 --> 32:32.840]  verse by verse and discuss the true gospel message.
[32:32.840 --> 32:37.520]  Our second hour topical studies will vary each week with discussions on sound doctrine
[32:37.520 --> 32:39.880]  and Christian character development.
[32:39.880 --> 32:44.400]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.400 --> 32:48.720]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.720 --> 32:51.000]  of our Lord and Savior Jesus.
[32:51.000 --> 32:57.640]  So tune in to Scripture Talk live on logosradionetwork.com Wednesdays from 8 to 10 p.m. to inspire and
[32:57.640 --> 33:02.800]  motivate your studies of the Scriptures.
[33:02.800 --> 33:23.800]  Free speech radio, logosradionetwork.com.
[33:33.800 --> 33:52.800]  I won't, I won't, I won't let you pull the wool over my eyes, I simply must refuse your
[33:52.800 --> 34:02.800]  nose all soaked up in lies, it seems you like the fat, but please take some words to the
[34:02.800 --> 34:10.800]  wise, please stop trying to pull the wool over my eyes.
[34:10.800 --> 34:17.800]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, Rue of La Radio, we are back and we're going
[34:17.800 --> 34:25.800]  to talk about this again and then some time to do a little research.
[34:25.800 --> 34:29.800]  Now we're gonna go, we've got a full board of callers, so we're gonna go to Eric in Massachusetts.
[34:29.800 --> 34:32.800]  Hello, Eric, what do you have for us today?
[34:32.800 --> 34:37.800]  Gentlemen, you must be late on call, so it's a good night for me to call, I guess.
[34:37.800 --> 34:45.800]  I have a very lengthy one that we could spend a lot of time with, if that's good with you.
[34:45.800 --> 34:55.800]  I had called previously about a landlord tenant issue and I had mentioned that a judge was
[34:55.800 --> 34:57.800]  a little bit rough with me.
[34:57.800 --> 35:05.800]  He threatened financial damages against me because I was asking for an escrow account
[35:05.800 --> 35:12.800]  and he wouldn't let me adjudicate my escrow motion, motion for escrow.
[35:12.800 --> 35:20.800]  And then at my second hearing, the judge denied my motion for escrow and told me to get a
[35:20.800 --> 35:21.800]  lawyer.
[35:21.800 --> 35:25.800]  This was unsolicited and really without any reason.
[35:25.800 --> 35:31.800]  So the judge has made it pretty apparent to me that he is not gonna treat me fairly and
[35:31.800 --> 35:38.800]  the only way for me to adjudicate my case is with an attorney.
[35:38.800 --> 35:43.800]  So I'm kind of trying to figure out what to do.
[35:43.800 --> 35:54.800]  I have my short-term needs, which is to get this tenant out of my apartment and any long-term
[35:54.800 --> 36:03.800]  goals that I could have, which would be potentially to the judge personally.
[36:03.800 --> 36:12.800]  And one of my thoughts is to maybe wrap some judicial, excuse me, declaratory judgments
[36:12.800 --> 36:15.800]  around a federal case.
[36:15.800 --> 36:23.800]  So simple question, if I wanted to sue the judge, would I be able to take him straight
[36:23.800 --> 36:28.800]  to federal court or do I have to take him to state court?
[36:28.800 --> 36:33.800]  It depends on the nature of the claim.
[36:33.800 --> 36:39.800]  What claim would you have against a judge that would defeat his immunity?
[36:39.800 --> 36:45.800]  Well, I mean, he doesn't have the right to threaten me.
[36:45.800 --> 36:55.800]  He doesn't have the right to deny me my ability to adjudicate a motion as well as my case.
[36:55.800 --> 37:03.800]  And he's also basically, he's not adjudicating the case and he's allowing a tenant to-
[37:03.800 --> 37:06.800]  Okay, you can't get there from here.
[37:06.800 --> 37:19.800]  You're speaking to issues over which the judge has discretion.
[37:19.800 --> 37:20.800]  Okay.
[37:20.800 --> 37:27.800]  Because if he's not ruling the way you want him to, that's not something you can sue him
[37:27.800 --> 37:31.800]  for, even if he acts malicious.
[37:31.800 --> 37:32.800]  Okay.
[37:32.800 --> 37:37.800]  You can't get past his official immunity that way.
[37:37.800 --> 37:48.800]  The only way I really know to get around a judge's official immunity is if the judge
[37:48.800 --> 37:56.800]  reform or improperly performs a statutory mandate, an administrative act.
[37:56.800 --> 38:00.800]  Yeah, something he doesn't have discretion to do.
[38:00.800 --> 38:05.800]  He's just commanded to do it.
[38:05.800 --> 38:07.800]  Okay.
[38:07.800 --> 38:23.800]  So, if I file, again, I asked about adjudicating my escrow motion and he basically-
[38:23.800 --> 38:27.800]  Shall issue a warrant for threat.
[38:27.800 --> 38:30.800]  Now, it doesn't say he may, might, or can if he wants to.
[38:30.800 --> 38:37.800]  But that makes the issuance of the-
[38:37.800 --> 38:38.800]  Okay.
[38:38.800 --> 38:46.200]  Well, Randy, I think Randy didn't hear what you were saying there or maybe his internet
[38:46.200 --> 38:47.800]  cut out there.
[38:47.800 --> 38:49.800]  But you were saying that-
[38:49.800 --> 38:54.800]  You need to look for-
[38:54.800 --> 38:58.800]  I'm breaking up pretty bad.
[38:58.800 --> 39:01.800]  You need to look for everything.
[39:01.800 --> 39:02.800]  Yeah.
[39:02.800 --> 39:07.800]  So, Randy was giving an example about what his discretion and what doesn't have discretion.
[39:07.800 --> 39:13.800]  And, Eric, you were saying that the judge didn't allow you to adjudicate your motion.
[39:13.800 --> 39:18.800]  But that is not something that he, that's not his administrative duty.
[39:18.800 --> 39:20.800]  That's not an administrative duty.
[39:20.800 --> 39:22.800]  He's in the middle of his judicial function.
[39:22.800 --> 39:28.800]  So, you can't sue him for not allowing you to speak about your motion.
[39:28.800 --> 39:33.800]  That's part of his judicial function.
[39:33.800 --> 39:39.800]  Okay.
[39:39.800 --> 39:45.800]  Is he required, is he allowed to require me to get a lawyer?
[39:45.800 --> 39:46.800]  No, of course not.
[39:46.800 --> 39:48.800]  No.
[39:48.800 --> 39:49.800]  Okay.
[39:49.800 --> 39:54.800]  So, what is that?
[39:54.800 --> 39:57.800]  That's a good question.
[39:57.800 --> 40:12.800]  He's denying you and your right to counsel of choice.
[40:12.800 --> 40:14.800]  Can you guys even hear me?
[40:14.800 --> 40:18.800]  I heard you say he's denying you and your right to counsel of choice.
[40:18.800 --> 40:26.800]  And then you said that would...
[40:26.800 --> 40:28.800]  I can't even hear what you're saying.
[40:28.800 --> 40:32.800]  This is breaking up too bad.
[40:32.800 --> 40:34.800]  But I'm going to be...
[40:34.800 --> 40:58.800]  You said counsel of choice, but then you also, you were going to tell us what that would go to.
[40:58.800 --> 41:02.800]  Randy, are you there?
[41:02.800 --> 41:07.800]  I think some of them are open.
[41:07.800 --> 41:09.800]  The color board's actually full right now.
[41:09.800 --> 41:15.800]  Oh, all right.
[41:15.800 --> 41:17.800]  Well, what do you have to say, Brad?
[41:17.800 --> 41:20.800]  How about we keep moving this forward?
[41:20.800 --> 41:27.800]  Well, Baratree comes to mind, but that would only be if he is soliciting for himself.
[41:27.800 --> 41:32.800]  He's actually, he's kind of like soliciting for his bar buddies.
[41:32.800 --> 41:40.800]  And so it probably won't exactly go to Baratree, but that's what was occurring to me when you said that.
[41:40.800 --> 41:44.800]  Yeah, he's denying you and your right to adjudicate your case.
[41:44.800 --> 41:49.800]  I think that's just strong enough as it is right there.
[41:49.800 --> 41:57.800]  Okay. And could you make that a federal case or does that have to go to the state?
[41:57.800 --> 42:02.800]  Yeah, you have a right, a federally protected right to due process.
[42:02.800 --> 42:12.800]  That would certainly include being able to adjudicate your case and not be required to have someone represent you.
[42:12.800 --> 42:20.800]  Okay. So then what I would do, what I'd like to do, or I'm going with or trying to figure out
[42:20.800 --> 42:29.800]  strategic rising is Massachusetts has some pretty rough laws against landlords.
[42:29.800 --> 42:37.800]  And so the way you get, the way you do an eviction is with summary process.
[42:37.800 --> 42:43.800]  The definition of summary process is basically quick process.
[42:43.800 --> 42:50.800]  But what their judges are doing is they're allowing the tenants to stay.
[42:50.800 --> 42:57.800]  So in this case, I did a 30 day notice and said, I'd like you to move out.
[42:57.800 --> 43:01.800]  So there's no fault, no issue, what have you.
[43:01.800 --> 43:05.800]  At which point the tenant stops paying rent and calls the health department.
[43:05.800 --> 43:12.800]  So now the health department is involved and makes up all these claims, what have you.
[43:12.800 --> 43:24.800]  So then by the time I get it to court, the judge can say, well, you have all these health violations,
[43:24.800 --> 43:36.800]  which are minor things that they're not habits, there's nothing major wrong with it. You got to paint the ceiling or something like that.
[43:36.800 --> 43:47.800]  So the judge is using, it's a post ad hoc. This complaint came in after the 30 day notice.
[43:47.800 --> 43:55.800]  So there's got to be some deprivation of rights there. It's an abusive process is what it is.
[43:55.800 --> 43:59.800]  Well, hold on just a second. We're just about to go to our sponsor.
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[46:21.800 --> 46:26.800]  Thank you for watching.
[46:51.800 --> 47:20.800]  Okay, we are back. I think I'm back. I'm having some serious issues here.
[47:20.800 --> 47:32.800]  Randy Kelton, Brett Fountain, Rule of Law Radio on this, the 21st day of July, 2023, our Friday info marathon.
[47:32.800 --> 47:39.800]  But we may wind up cutting this short as my systems are having some serious problems here.
[47:39.800 --> 47:54.800]  Well, I heard you on all of that. So let's get back to Eric here.
[47:54.800 --> 47:59.800]  Okay, gentlemen, where do you want to continue with?
[47:59.800 --> 48:02.800]  Whatever you want to talk about.
[48:02.800 --> 48:12.800]  Okay. So again, I'm trying to get rid of a tenant. It's an eviction situation.
[48:12.800 --> 48:18.800]  I gave the tenant a 30-day notice in accordance with Massachusetts law.
[48:18.800 --> 48:37.800]  And the tenant then went to the Board of Health and started making claims, which allows her to take these claims to court and say, well, there's a problem with the property and I should be able to stay here.
[48:37.800 --> 48:46.800]  So the tenant doesn't have a lease. So I'm asking, which I have the right to, I'm asking a tenant, hey, please move out.
[48:46.800 --> 48:50.800]  I want to do something to the apartment, whatever.
[48:50.800 --> 49:02.800]  And so then the tenant goes to the Board of Health. And now the judge is, based on that, is allowing the tenant to stay based on these Board of Health claims.
[49:02.800 --> 49:10.800]  So my concern is there's no correlation between what the Board of Health is doing and the eviction.
[49:10.800 --> 49:14.800]  And the state is allowing this. This is really unconstitutional.
[49:14.800 --> 49:29.800]  It's, you know, post-ad hoc. And additionally, the Board of Health told me, well, even if the tenant gets evicted or if the tenant gets evicted, you still have to, you know, get us to sign off on this apartment.
[49:29.800 --> 49:32.800]  That's fine. No problem.
[49:32.800 --> 49:43.800]  But the judge is using it as many, if not all, the judges in Massachusetts is using it as a way to allow a tenant to stay in the apartment.
[49:43.800 --> 49:45.800]  There's no correlation.
[49:45.800 --> 49:59.800]  It doesn't even make sense to me. If somebody is complaining that there's a health problem, some hazardous issue, wouldn't they want to get out of there, not be staying there?
[49:59.800 --> 50:08.800]  Well, they use it, they use it as a means to not pay rent, to withhold rent if they do it properly, which most often times they don't.
[50:08.800 --> 50:14.800]  In this case, the tenant stopped paying rent for a couple months and then for some reason started paying rent.
[50:14.800 --> 50:18.800]  I don't really understand why, but whatever. I'm glad to be getting rent.
[50:18.800 --> 50:27.800]  But this is the unconstitutionality of the Massachusetts law. And again, it's not like the tenant had a lease.
[50:27.800 --> 50:32.800]  If the tenant had a lease, I can maybe understand it. The tenant doesn't have a lease.
[50:32.800 --> 50:42.800]  So what right does the judge have to grant and extend tenancy based on a health code violation?
[50:42.800 --> 50:46.800]  Yeah, it makes no sense to me. I see no connection there.
[50:46.800 --> 50:50.800]  But I guarantee you all these judges do it.
[50:50.800 --> 50:58.800]  So they just grant anybody that feels like staying there and complaining about the situation, then they just get to not pay rent.
[50:58.800 --> 51:04.800]  And the judge gets to interfere with, to impair the obligation of contracts as much as he wants to.
[51:04.800 --> 51:07.800]  And nobody seems to do anything about it.
[51:07.800 --> 51:22.800]  You know, that sounds like a ongoing criminal conspiracy to deny land in their rent.
[51:22.800 --> 51:25.800]  Like a class of landlords?
[51:25.800 --> 51:31.800]  Yeah, if all judges are doing it, it can't be construed that they're acting on their own.
[51:31.800 --> 51:41.800]  They're all acting in concert and collusion. That may be your claim.
[51:41.800 --> 51:50.800]  Right, and again, so how do I wrap this into a nice little package and take it to the federal court?
[51:50.800 --> 51:56.800]  You know, if I take it to the state court, they're just going to laugh and push me on my way.
[51:56.800 --> 51:59.800]  Well, this will definitely take some research.
[51:59.800 --> 52:02.800]  I just filed a suit that took years of research.
[52:02.800 --> 52:15.800]  Look at, assume they've talked to one another and have all decided to rule improperly in the same way.
[52:15.800 --> 52:26.800]  If you have numerous judges ruling the same way, it's reasonable to presume that they conspired with one another to all rule this way.
[52:26.800 --> 52:30.800]  Yeah, otherwise they'd be screwed it up in different ways.
[52:30.800 --> 52:41.800]  Call that a criminal enterprise, but let them prove that it's not.
[52:41.800 --> 52:46.800]  So I would write the case up as a criminal enterprise.
[52:46.800 --> 52:53.800]  Yes, designed and intended to deny landlords and their rent.
[52:53.800 --> 52:59.800]  Now, whether the judges personally benefit from it or not directly is not relevant.
[52:59.800 --> 53:13.800]  If the judges are elected, they're pandering to the electorate because there are more renters than there are landlords.
[53:13.800 --> 53:16.800]  Or deadbeats.
[53:16.800 --> 53:19.800]  So small.
[53:19.800 --> 53:25.800]  Yeah, it just gets to where they, you know, they are bending over backwards to help people.
[53:25.800 --> 53:30.800]  They've just gone way beyond it. Yeah, that's the point.
[53:30.800 --> 53:32.800]  That's this liberal thing.
[53:32.800 --> 53:45.800]  Now, when all of these landlords start bankrupting and all these apartments get foreclosed on, then there's nobody to repair them.
[53:45.800 --> 53:55.800]  And they'll wind up without apartments, which is going to become unprofitable to try to rent property out.
[53:55.800 --> 54:00.800]  So the landlords are going to say, screw this.
[54:00.800 --> 54:04.800]  We'll put my investment in something else.
[54:04.800 --> 54:08.800]  Make that argument. It's all political at the end.
[54:08.800 --> 54:11.800]  You know, I sued a bunch of public officials.
[54:11.800 --> 54:16.800]  You're doing it wrong.
[54:16.800 --> 54:21.800]  But if you do it right, it'll save you a whole lot of money.
[54:21.800 --> 54:25.800]  So you had to be a political reason for them to do it.
[54:25.800 --> 54:31.800]  Just make the argument and force them to fight you with it.
[54:31.800 --> 54:42.800]  OK, so what I'm thinking is maybe I will hire a lawyer to get me out of the situation quick and then circle back to the Fed.
[54:42.800 --> 54:46.800]  I'm trying to figure out the, you know, quickest way to get the tenant out.
[54:46.800 --> 54:49.800]  The problem is one of the problems is she's 60 years old.
[54:49.800 --> 54:57.800]  And yet there's another statute which allows her, you know, six to 12 months additional time because she's 60 years old.
[54:57.800 --> 55:03.800]  But there's no such thing as additional if she doesn't have a contract.
[55:03.800 --> 55:10.800]  Well, haven't you already? How long has it been since you gave her a notice to vacate?
[55:10.800 --> 55:14.800]  I gave it to her the end of January, so she was supposed to vacate.
[55:14.800 --> 55:19.800]  So she's already had her six months.
[55:19.800 --> 55:22.800]  But the Massachusetts won't work that way.
[55:22.800 --> 55:26.800]  It's basically an extension beyond the eviction.
[55:26.800 --> 55:35.800]  So once there's an eviction notice sign, they can they can petition for an additional six to 12 months.
[55:35.800 --> 55:40.800]  Is there any kind of repayment required?
[55:40.800 --> 55:43.800]  The statute is pretty vague on that.
[55:43.800 --> 55:45.800]  That's unconstitutional then.
[55:45.800 --> 55:48.800]  Right. They're bankrupting.
[55:48.800 --> 55:51.800]  No, they're taking your property. It's improper taking.
[55:51.800 --> 55:54.800]  That may be the way to go at it.
[55:54.800 --> 55:57.800]  That's true. We had a recent case.
[55:57.800 --> 55:59.800]  Less used angle. Yeah.
[55:59.800 --> 56:02.800]  Yeah. Were they?
[56:02.800 --> 56:05.800]  And I actually had this woman call me.
[56:05.800 --> 56:08.800]  I talked to her about her case.
[56:08.800 --> 56:13.800]  She was in McKinney.
[56:13.800 --> 56:19.800]  In an apartment and her daughter was living there and some guys being chased by the police and he breaks in.
[56:19.800 --> 56:21.800]  The daughter bales out a window.
[56:21.800 --> 56:24.800]  The police wind up storming the place and destroying it.
[56:24.800 --> 56:26.800]  And they capture this guy.
[56:26.800 --> 56:32.800]  So she builds a city for the damage and they told her to go pound sand.
[56:32.800 --> 56:36.800]  Because these policemen were in the performance of their duty.
[56:36.800 --> 56:42.800]  So she got a lawyer and he sued them under imminent domain.
[56:42.800 --> 56:48.800]  If the state is taking your property and giving it to a tenant.
[56:48.800 --> 56:52.800]  Then they're taking your property under imminent domain.
[56:52.800 --> 56:56.800]  It's improper taking.
[56:56.800 --> 57:02.800]  So sue the state for what you lose.
[57:02.800 --> 57:04.800]  Should I get triple damages too?
[57:04.800 --> 57:09.800]  Because they do triple damage everything that I do.
[57:09.800 --> 57:14.800]  That's the current precedent.
[57:14.800 --> 57:16.800]  I mean it's pretty rough.
[57:16.800 --> 57:18.800]  It's pretty crazy.
[57:18.800 --> 57:28.800]  I just sent Brett on the telegram the three things that I find unconstitutional.
[57:28.800 --> 57:35.800]  And again, there's no way you could take this issue to the state because the state is fully behind these laws.
[57:35.800 --> 57:38.800]  So only a federal court.
[57:38.800 --> 57:43.800]  The other issue is a federal court is going to take forever.
[57:43.800 --> 57:46.800]  I was even thinking about doing an injunction.
[57:46.800 --> 57:54.800]  Like basically asking for the federal court to make an injunction that these laws are unconstitutional.
[57:54.800 --> 57:57.800]  But that would just stop the process.
[57:57.800 --> 58:05.800]  Meaning that the tenant is still living there, correct?
[58:05.800 --> 58:07.800]  Yeah, I would think so.
[58:07.800 --> 58:11.800]  I don't know if Randy can hear.
[58:11.800 --> 58:13.800]  I think that would stop.
[58:13.800 --> 58:16.800]  Randy, are you hearing that?
[58:16.800 --> 58:31.800]  Would that constitutionality challenge not deal with the fact that you still have a tenant that's sitting there with no lease and no contract and they're just mooching?
[58:31.800 --> 58:44.800]  The state is commanding you to leave them there, that they're taking your property, yes.
[58:44.800 --> 58:48.800]  Alright, we're just about to go to sponsors.
[58:48.800 --> 59:01.800]  We'll be right back.
[59:19.800 --> 59:27.800]  Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the Church.
[59:27.800 --> 59:33.800]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.800 --> 59:51.800]  call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit us online at bfa.org.
[59:51.800 --> 01:00:01.800]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:01.800 --> 01:00:05.800]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.800 --> 01:00:08.800]  They guarantee the specific freedoms Americans should know and protect.
[01:00:08.800 --> 01:00:10.800]  Our liberty depends on it.
[01:00:10.800 --> 01:00:16.800]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:16.800 --> 01:00:18.800]  Privacy is under attack.
[01:00:18.800 --> 01:00:21.800]  When you give up data about yourself, you'll never get it back again.
[01:00:21.800 --> 01:00:26.800]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:26.800 --> 01:00:31.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:31.800 --> 01:00:34.800]  Privacy, it's worth hanging on to.
[01:00:34.800 --> 01:00:37.800]  This public service announcement is brought to you by StartPage.com.
[01:00:37.800 --> 01:00:40.800]  It's worth hanging on to.
[01:00:40.800 --> 01:00:43.800]  This public service announcement is brought to you by StartPage.com.
[01:00:43.800 --> 01:00:47.800]  The private search engine alternative to Google, Yahoo, and Bing.
[01:00:47.800 --> 01:00:50.800]  Start over with StartPage.
[01:00:50.800 --> 01:00:53.800]  Imagine your mom and dad are getting ready for bed.
[01:00:53.800 --> 01:00:56.800]  They pull back the covers and find a third party there.
[01:00:56.800 --> 01:00:59.800]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:59.800 --> 01:01:05.800]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:05.800 --> 01:01:11.800]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[01:01:11.800 --> 01:01:14.800]  Third party, Third Amendment, get it?
[01:01:14.800 --> 01:01:17.800]  So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:17.800 --> 01:01:22.800]  tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:22.800 --> 01:01:37.800]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:37.800 --> 01:01:41.800]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:41.800 --> 01:01:44.800]  They guarantee the specific freedoms Americans should know and protect.
[01:01:44.800 --> 01:01:46.800]  Our liberty depends on it.
[01:01:46.800 --> 01:01:52.800]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:52.800 --> 01:01:54.800]  Privacy is under attack.
[01:01:54.800 --> 01:01:58.800]  When you give up data about yourself, you'll never get it back again.
[01:01:58.800 --> 01:02:02.800]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:02:02.800 --> 01:02:04.800]  So protect your rights.
[01:02:04.800 --> 01:02:08.800]  Say no to surveillance and keep your information to yourself.
[01:02:08.800 --> 01:02:10.800]  Privacy, it's worth hanging on to.
[01:02:10.800 --> 01:02:14.800]  This public service announcement is brought to you by StartPage.com,
[01:02:14.800 --> 01:02:18.800]  a private search engine alternative to Google, Yahoo, and Bing.
[01:02:18.800 --> 01:02:21.800]  Start over with StartPage.
[01:02:21.800 --> 01:02:27.800]  Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:27.800 --> 01:02:33.800]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure.
[01:02:33.800 --> 01:02:36.800]  Fourth Amendment? Four eyes staring at you? Get it?
[01:02:36.800 --> 01:02:40.800]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[01:02:40.800 --> 01:02:45.800]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:45.800 --> 01:02:49.800]  When government employees demand a peep at your privates without probable cause,
[01:02:49.800 --> 01:02:52.800]  I say it's time to sound the constitutional alarm bells.
[01:02:52.800 --> 01:02:55.800]  Join me in asking our representatives to dust off the Bill of Rights
[01:02:55.800 --> 01:02:59.800]  and use their googly eyes to take a gander at the Fourth.
[01:02:59.800 --> 01:03:11.800]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:29.800 --> 01:03:51.800]  Okay, we are back.
[01:03:51.800 --> 01:03:57.800]  Randy Kelton, Brett Fountain, Wheel of Law Radio, and we're talking to Scott in New York.
[01:03:57.800 --> 01:04:07.800]  Hello, Scott. What do you have for us today?
[01:04:07.800 --> 01:04:15.800]  Hello, Scott. We are not hearing you.
[01:04:15.800 --> 01:04:16.800]  Ooh.
[01:04:16.800 --> 01:04:18.800]  I'd like to get heard.
[01:04:18.800 --> 01:04:26.800]  There you are. Okay, what do you have for us today?
[01:04:26.800 --> 01:04:31.800]  Are you talking to Scott or me, Anne?
[01:04:31.800 --> 01:04:38.800]  Okay. Well, we had Scott on here for this phone number, but we can change it to Anne.
[01:04:38.800 --> 01:04:42.800]  Good. I've been waiting. Thank you so much.
[01:04:42.800 --> 01:04:48.800]  I have just more than enough to...
[01:04:48.800 --> 01:04:58.800]  Okay. One quick question on a different subject than my main thing is on its credit card.
[01:04:58.800 --> 01:05:05.800]  And it was 2010, and I don't know if it was my credit card or not,
[01:05:05.800 --> 01:05:14.800]  but I'm now 85, and that's maybe not relevant.
[01:05:14.800 --> 01:05:23.800]  I was called to go to court for not paying the credit card anymore.
[01:05:23.800 --> 01:05:27.800]  I had made a few payments on it.
[01:05:27.800 --> 01:05:34.800]  At that time, I would have paid any bill that came without questioning it,
[01:05:34.800 --> 01:05:47.800]  because I had other credit cards and other bills, and I was on painkillers for an accident where my hip was damaged.
[01:05:47.800 --> 01:05:54.800]  And the doctor gave me triple the dose that I should have been on, but I didn't know any better.
[01:05:54.800 --> 01:05:56.800]  Oh, my goodness.
[01:05:56.800 --> 01:06:05.800]  I didn't know anyone on painkillers, and I took what he gave me, and I was called to go to court.
[01:06:05.800 --> 01:06:16.800]  I went to court, and I had a date for a hearing, and then I forgot all about it totally. My memory was shot.
[01:06:16.800 --> 01:06:24.800]  And eight or nine years later, I didn't remember that I had ever had any credit cards, because it was all...
[01:06:24.800 --> 01:06:29.800]  Oh, so they got a judgment against me for not showing up.
[01:06:29.800 --> 01:06:41.800]  So I did an order to show cause, and after many, many adjournments, mostly from the judge, but also from the other side,
[01:06:41.800 --> 01:06:46.800]  they reopened the case, so it's open now.
[01:06:46.800 --> 01:06:55.800]  What I want to know is, if they don't have a piece of paper where I signed asking for the card,
[01:06:55.800 --> 01:07:00.800]  don't they have to have that so I know it's my card?
[01:07:00.800 --> 01:07:06.800]  They're telling me they didn't do that anymore in those days.
[01:07:06.800 --> 01:07:09.800]  Telling you they didn't do what?
[01:07:09.800 --> 01:07:18.800]  Where you applied for a card and you signed. I want proof that it's my card.
[01:07:18.800 --> 01:07:25.800]  I don't want to pay it. I don't want to pay it, of course, but if it's not my card, I surely don't want to pay it.
[01:07:25.800 --> 01:07:34.800]  So let me understand. Did you get the judgment reversed so that you're re-adjudicating the case?
[01:07:34.800 --> 01:07:45.800]  Yeah, they're re-hearing it. I have no more judgment, but I have a court date coming up in August.
[01:07:45.800 --> 01:07:52.800]  So is it enough that they don't... I mean, I've asked them for proof that it's mine probably ten times,
[01:07:52.800 --> 01:07:57.800]  so they don't have it because they didn't do it.
[01:07:57.800 --> 01:08:04.800]  Have you filed a motion with the court denying any debt of any kind
[01:08:04.800 --> 01:08:11.800]  and demanding that the plaintiff prove up all of the claims?
[01:08:11.800 --> 01:08:15.800]  Oh, it might have been verbal.
[01:08:15.800 --> 01:08:20.800]  If it's verbal, it's not before the court. It has to be written.
[01:08:20.800 --> 01:08:28.800]  All right, so I write, and what's it called, this thing I'm writing? Is it a motion?
[01:08:28.800 --> 01:08:35.800]  Well, you want to file a denial of all claims.
[01:08:35.800 --> 01:08:39.800]  Denial of all claims.
[01:08:39.800 --> 01:08:45.800]  We don't know where you're at in the process. When did they reopen the case?
[01:08:45.800 --> 01:08:51.800]  They're beginning now. They threw out the default.
[01:08:51.800 --> 01:08:58.800]  Okay. Have you filed a response to their petition?
[01:08:58.800 --> 01:09:06.800]  In the first place, in 2010, I don't know. I'm going to have to...
[01:09:06.800 --> 01:09:12.800]  You have to know. You can't. Not much we can do if you don't know it's before the court.
[01:09:12.800 --> 01:09:16.800]  Have you looked at the court record?
[01:09:16.800 --> 01:09:19.800]  All right. I'll find out. All right.
[01:09:19.800 --> 01:09:29.800]  The big thing is I'm 85 now. I use a walker. I also have bad chronic fatigue.
[01:09:29.800 --> 01:09:33.800]  How much is the claim?
[01:09:33.800 --> 01:09:37.800]  Oh, that $11,000 in change.
[01:09:37.800 --> 01:09:44.800]  There's another one that might follow it if they win for $24,000 from the same bank.
[01:09:44.800 --> 01:09:48.800]  But they haven't said anything about that one.
[01:09:48.800 --> 01:09:51.800]  How old is that one?
[01:09:51.800 --> 01:09:54.800]  Both about 2010.
[01:09:54.800 --> 01:10:03.800]  Okay. If they have one from 2010 that they have not adjudicated, it's too late for them to try to collect it.
[01:10:03.800 --> 01:10:05.800]  They've only got seven years.
[01:10:05.800 --> 01:10:12.800]  Both. But one of them I did because they sent me saying, you know, it's time to pay up.
[01:10:12.800 --> 01:10:17.800]  I got an order to show cause to get rid of the... you know, so it could be retried.
[01:10:17.800 --> 01:10:27.800]  And I haven't heard anything about the judgment on the $24,000 one.
[01:10:27.800 --> 01:10:33.800]  Oh, so they have... they got a judgment on both?
[01:10:33.800 --> 01:10:36.800]  Yeah, cause I never showed up.
[01:10:36.800 --> 01:10:40.800]  Oh, okay. So...
[01:10:40.800 --> 01:10:45.800]  But one of them they're pursuing and the other one, I don't know if they're waiting.
[01:10:45.800 --> 01:10:49.800]  I don't know what happened to that $24,000.
[01:10:49.800 --> 01:10:56.800]  Okay. We don't have near enough information to be able to understand what your position is.
[01:10:56.800 --> 01:11:03.800]  We need to know what pleadings, motions and pleadings have been filed before the court and when.
[01:11:03.800 --> 01:11:08.800]  When the default was removed.
[01:11:08.800 --> 01:11:16.800]  I know I got an order to show cause finally accepted after going to court like 10 times.
[01:11:16.800 --> 01:11:22.800]  I got that. So it's on the $11,000 one.
[01:11:22.800 --> 01:11:27.800]  And they want to know what my income is cause I own a house,
[01:11:27.800 --> 01:11:34.800]  but my income now is down to $179 a month cause I have no tenants.
[01:11:34.800 --> 01:11:39.800]  I had tenants before, so I had income, but now I have none.
[01:11:39.800 --> 01:11:47.800]  I will get some, but if I lose, I don't want them to take the house or my car.
[01:11:47.800 --> 01:11:54.800]  I'm not sure. Is the house homesteaded?
[01:11:54.800 --> 01:11:57.800]  Can you do that in New York?
[01:11:57.800 --> 01:12:02.800]  I have no idea, but I do have an apartment also.
[01:12:02.800 --> 01:12:08.800]  So I really did buy it so I could rent rooms and have an income.
[01:12:08.800 --> 01:12:11.800]  Okay. Does the apartment produce income?
[01:12:11.800 --> 01:12:16.800]  No, not a dime. I have a roommate and we chip in.
[01:12:16.800 --> 01:12:21.800]  Okay. They may be able to get a lien against the apartment.
[01:12:21.800 --> 01:12:27.800]  $11,000 or $24,000 won't be enough to force a sale of the property,
[01:12:27.800 --> 01:12:33.800]  but they can get a lien on it in case the property ever sells and they can collect on the lien.
[01:12:33.800 --> 01:12:41.800]  But you can fight this, but I don't have anywhere near enough information from you at this point
[01:12:41.800 --> 01:12:49.800]  to be able to speak to any issues concerning what's going on because we really don't know what's going on.
[01:12:49.800 --> 01:12:53.800]  Randy, I don't own the apartment.
[01:12:53.800 --> 01:12:54.800]  Wait, say that again.
[01:12:54.800 --> 01:12:59.800]  I'm a renter. I own the house.
[01:12:59.800 --> 01:13:04.800]  I'm misunderstanding. I thought you said you owned an apartment.
[01:13:04.800 --> 01:13:07.800]  No, I have an apartment I live in. I own the house,
[01:13:07.800 --> 01:13:12.800]  which I bought so I could rent rooms and have some income.
[01:13:12.800 --> 01:13:15.800]  Okay. So is the house rented?
[01:13:15.800 --> 01:13:22.800]  Right now, no. What I was going to do is I used to rent rooms, but right now it's not rented.
[01:13:22.800 --> 01:13:29.800]  I have to get things fixed up before I could rent it again.
[01:13:29.800 --> 01:13:37.800]  Well, they can definitely get a lien against the rental property, the house.
[01:13:37.800 --> 01:13:39.800]  It's different here in Texas.
[01:13:39.800 --> 01:13:46.800]  The house you're living in, if you've homesteaded it, it can't be touched.
[01:13:46.800 --> 01:13:54.800]  But New York is not necessarily the same, and I'm not intimately familiar with New York.
[01:13:54.800 --> 01:13:59.800]  Hang on just a second. John, talk to me.
[01:13:59.800 --> 01:14:01.800]  Yep, I'm here.
[01:14:01.800 --> 01:14:10.800]  Tell me about property law in New York concerning liens against property.
[01:14:10.800 --> 01:14:18.800]  Oh, boy. I really don't know what to say about that.
[01:14:18.800 --> 01:14:23.800]  Well, I'll get more information and call back in a few weeks because I have time before the hearing.
[01:14:23.800 --> 01:14:33.800]  If you will email me the documents in your case, then call back. We can speak to it more intelligently.
[01:14:33.800 --> 01:14:49.800]  Okay. Now, the real reason I called, the main reason is Adult Protective Service has me in their clutches.
[01:14:49.800 --> 01:14:52.800]  Are you familiar with New York?
[01:14:52.800 --> 01:14:57.800]  John, are you familiar with Adult Protective Services in New York?
[01:14:57.800 --> 01:15:01.800]  I'm talking to John in New York, so he's in the same state.
[01:15:01.800 --> 01:15:07.800]  In their clutches? You mean like they're trying to take control of you?
[01:15:07.800 --> 01:15:16.800]  Well, they want to do a heavy-duty cleaning in the house that I was renting rooms in,
[01:15:16.800 --> 01:15:21.800]  that I stay in because I have to fix it up, and in the apartment.
[01:15:21.800 --> 01:15:28.800]  And one of the questions is, I have a roommate in the apartment. He has his own room.
[01:15:28.800 --> 01:15:34.800]  Do they have a right to go in his room? Because I don't go in that room.
[01:15:34.800 --> 01:15:38.800]  No, they can't go in his room.
[01:15:38.800 --> 01:15:45.800]  Okay. Just rooms that we have in common, like the kitchen and the foyer.
[01:15:45.800 --> 01:15:55.800]  That goes to Constitution. We just had a ruling from the Supreme that says,
[01:15:55.800 --> 01:15:59.800]  public officials can't eat in your property without your permission or a warrant.
[01:15:59.800 --> 01:16:03.800]  It just cracked down on them, seriously.
[01:16:03.800 --> 01:16:08.800]  They'll get a warrant. That's how they got into my house in the first place.
[01:16:08.800 --> 01:16:18.800]  I had three cops, a locksmith, adult protective service worker, someone who was asking me what month.
[01:16:18.800 --> 01:16:23.800]  I said tomorrow's my birthday, and she asked me what month it was now.
[01:16:23.800 --> 01:16:31.800]  And I was in the middle of cleaning in all my dirty clothes, and they took me by surprise.
[01:16:31.800 --> 01:16:36.800]  And my feelings were hurt that they would ask me if I knew what month.
[01:16:36.800 --> 01:16:40.800]  So I guess I was stupid. I said, I don't know.
[01:16:40.800 --> 01:16:46.800]  And I gave them the wrong month because I was so upset.
[01:16:46.800 --> 01:16:53.800]  You can correct that by just hiring a psychiatrist to do a simple psych eval.
[01:16:53.800 --> 01:16:59.800]  I had one done on me recently, and it cost about 300 bucks.
[01:16:59.800 --> 01:17:04.800]  Hang on, Randy Kelton, Brett Fountain, we'll be right back.
[01:17:04.800 --> 01:17:09.800]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:54.800 --> 01:18:05.800]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
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[01:18:21.800 --> 01:18:25.800]  and I really don't have any money to give because I spend it all on supplements.
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[01:19:12.800 --> 01:19:15.800]  Oh, come on.
[01:19:42.800 --> 01:19:49.800]  Okay. Howdy, howdy.
[01:19:49.800 --> 01:19:50.800]  Randy Kelton.
[01:19:50.800 --> 01:19:57.800]  We're at the Fountainwood Law Radio on this, the seventh day of July, 2023.
[01:19:57.800 --> 01:20:02.800]  And we're talking to Ann in New York.
[01:20:02.800 --> 01:20:04.800]  Right. Next question.
[01:20:04.800 --> 01:20:09.800]  They did a heavy duty cleaning of the driveway.
[01:20:09.800 --> 01:20:18.800]  My roommate did have a lot of junk in the driveway, but he also had two gas lawn mowers,
[01:20:18.800 --> 01:20:24.800]  two motor scooters, and some other very expensive things.
[01:20:24.800 --> 01:20:28.800]  And they came and just took them and threw them in the trash.
[01:20:28.800 --> 01:20:37.800]  They had a big, you know, truck come with three, four workers, and they loaded everything up.
[01:20:37.800 --> 01:20:41.800]  And he wasn't served. Maybe he didn't need to be.
[01:20:41.800 --> 01:20:43.800]  It was his stuff.
[01:20:43.800 --> 01:20:51.800]  But neither one of us could believe they would throw out motor scooters and gas lawn mowers.
[01:20:51.800 --> 01:20:58.800]  Now I get a ticket because I can't cut the grass by the curb, except with a pair of scissors.
[01:20:58.800 --> 01:21:03.800]  And that takes like three hours instead of five minutes.
[01:21:03.800 --> 01:21:14.800]  And they just took it, and they're supposed to be my temporary legal guardians, the ones that did it, the judges, the cleaners.
[01:21:14.800 --> 01:21:18.800]  How did they get appointed temporary legal guardians?
[01:21:18.800 --> 01:21:27.800]  Okay. APS came to my house because somebody called up and said I needed their services.
[01:21:27.800 --> 01:21:31.800]  And it's an anonymous person.
[01:21:31.800 --> 01:21:37.800]  I'm not allowed to know who did it.
[01:21:37.800 --> 01:21:47.800]  So they came to my house and they decided I've had three hearings so far and not had a chance to refuse anything.
[01:21:47.800 --> 01:21:57.800]  I have a free lawyer who is worth what I pay him pretty much.
[01:21:57.800 --> 01:22:05.800]  He saw them take away the gas lawn mowers and didn't say boo.
[01:22:05.800 --> 01:22:13.800]  I mean he's very nice in some ways, but I can't believe they just took them.
[01:22:13.800 --> 01:22:19.800]  And the guardian and I were – it wasn't too smart of me.
[01:22:19.800 --> 01:22:21.800]  I didn't know she had all this power.
[01:22:21.800 --> 01:22:29.800]  But we were squabbling. We ended up fighting over some garbage can covers where she was going to throw them out.
[01:22:29.800 --> 01:22:32.800]  You know, I mean, I think I'm supposed to keep them.
[01:22:32.800 --> 01:22:40.800]  So I had HPD, Housing Preservation Development, had come and inspected.
[01:22:40.800 --> 01:22:47.800]  Supposedly somebody made a complaint, a tenant, who never told me anything.
[01:22:47.800 --> 01:22:51.800]  I don't remember him, but it doesn't mean he didn't live here.
[01:22:51.800 --> 01:22:57.800]  His name was on a complaint form saying something.
[01:22:57.800 --> 01:23:03.800]  It was two years later that they said there was an emergency situation here.
[01:23:03.800 --> 01:23:06.800]  Two years – I don't know how that could be.
[01:23:06.800 --> 01:23:09.800]  Some emergency.
[01:23:09.800 --> 01:23:11.800]  I couldn't believe it.
[01:23:11.800 --> 01:23:19.800]  And so they – my temporary guardian, who was appointed by the judge, you know,
[01:23:19.800 --> 01:23:23.800]  they hired a crew and they came and they took everything away.
[01:23:23.800 --> 01:23:27.800]  Were they supposed to do it without informing the person?
[01:23:27.800 --> 01:23:32.800]  I told them – well, it was verbal. It wasn't my stuff.
[01:23:32.800 --> 01:23:40.800]  Shouldn't they inform the person who owned it? And can we sue? Can he sue?
[01:23:40.800 --> 01:23:43.800]  Yes, he definitely can.
[01:23:43.800 --> 01:23:47.800]  And we sue the agency and the person, or?
[01:23:47.800 --> 01:23:53.800]  Okay, whether he can win the suit or not depends on local city ordinances.
[01:23:53.800 --> 01:23:57.800]  John, you're in New York.
[01:23:57.800 --> 01:23:58.800]  Yep.
[01:23:58.800 --> 01:24:01.800]  And you're getting old. You're getting up there.
[01:24:01.800 --> 01:24:04.800]  They're going to start coming after you next.
[01:24:04.800 --> 01:24:11.800]  Do you know the law relative to this issue?
[01:24:11.800 --> 01:24:17.800]  Well, not as well as I should, but I do know that child protective services
[01:24:17.800 --> 01:24:23.800]  in New York State is about as corrupt – the last I knew, they were as corrupt as they come.
[01:24:23.800 --> 01:24:32.800]  And adult protective services did not show a shining badge either or, you know, shining armor.
[01:24:32.800 --> 01:24:34.800]  I don't think much of them either.
[01:24:34.800 --> 01:24:40.800]  Yep. Well, the crime I committed is that this is the second time.
[01:24:40.800 --> 01:24:48.800]  The judge keeps mentioning this is the second time, like I'm a bank robber or I beat my wife.
[01:24:48.800 --> 01:24:56.800]  So it's unfortunate my house was a mess because I was basically in bed for six years with the crime and fatigue.
[01:24:56.800 --> 01:25:05.800]  I think I've discovered the source of the physical problem is that I have an infection in my mouth,
[01:25:05.800 --> 01:25:11.800]  and finally I went to NYU Dental and they ordered a CAT scan of my mouth,
[01:25:11.800 --> 01:25:17.800]  which I'll be getting in the next month. It takes forever.
[01:25:17.800 --> 01:25:26.800]  I can tell you this. Chronic fatigue syndrome – if you go to the right doctor, you won't have it very long.
[01:25:26.800 --> 01:25:31.800]  Chronic fatigue syndrome is very doable.
[01:25:31.800 --> 01:25:34.800]  Well, if it's from an infection –
[01:25:34.800 --> 01:25:36.800]  In your mouth, yeah.
[01:25:36.800 --> 01:25:38.800]  Then until you get rid of –
[01:25:38.800 --> 01:25:42.800]  Yeah, it's entirely possible, yeah.
[01:25:42.800 --> 01:25:45.800]  What's entirely possible?
[01:25:45.800 --> 01:25:50.800]  That everything is due to the infection in your mouth. That part of the things I know pretty well.
[01:25:50.800 --> 01:25:55.800]  I know medical stuff a lot better than I do legal.
[01:25:55.800 --> 01:26:05.800]  Okay. I know some medical stuff because I'm so tired, but the painkillers I'm able to clean up,
[01:26:05.800 --> 01:26:08.800]  and I don't feel the fatigue as much.
[01:26:08.800 --> 01:26:21.800]  But they're coming to do – what's the standard of what – if they're coming to do a heavy-duty cleaning.
[01:26:21.800 --> 01:26:26.800]  I have thousands of books on shelves in the apartment.
[01:26:26.800 --> 01:26:33.800]  The lawyer doesn't think I need books. He thinks I should go to the library. I'm very attached to them.
[01:26:33.800 --> 01:26:41.800]  The shelves are against the wall, up to the ceiling, and it's like 20 feet long of books.
[01:26:41.800 --> 01:26:45.800]  There's no reason that they should touch them.
[01:26:45.800 --> 01:26:52.800]  Books are not trash. Remind them that books are not trash. They might think so, but they're not.
[01:26:52.800 --> 01:26:55.800]  Yeah, but what do I do to stop them?
[01:26:55.800 --> 01:27:01.800]  I use the practice tray and go to jail?
[01:27:01.800 --> 01:27:07.800]  What would she do for that? That's her personal property, and books are not her property in any way.
[01:27:07.800 --> 01:27:11.800]  What do you think, Randy? Does injunctive relief seem appropriate there?
[01:27:11.800 --> 01:27:24.800]  Yes, but I don't see Anne as having the ability to file the kind of documentation that she needs.
[01:27:24.800 --> 01:27:38.800]  With promising, I could try. I certainly want to do it. I know I'm not that sharp, but if I'm told what to do,
[01:27:38.800 --> 01:27:43.800]  I'm more than happy to do it. You don't know how much I want to do it.
[01:27:43.800 --> 01:27:52.800]  Can you send me an email with a written explanation of what's going on?
[01:27:52.800 --> 01:28:02.800]  I'll call down there from the radio station and tell them that I'm doing a story on this,
[01:28:02.800 --> 01:28:08.800]  and I'll get their position on it, and I'll be able to tell you more about what you can do.
[01:28:08.800 --> 01:28:15.800]  Wow. What about the stuff in the driveway that you took?
[01:28:15.800 --> 01:28:22.800]  It was Scott's stuff, the one who must have been sleeping when you called before.
[01:28:22.800 --> 01:28:25.800]  Wait a minute. I didn't understand that.
[01:28:25.800 --> 01:28:30.800]  What about the stuff in the driveway? The stuff that hers, it was Scott's?
[01:28:30.800 --> 01:28:37.800]  They did a clean out of the driveway, and they took gas lawnmowers. Those things sell for like $400 or $500,
[01:28:37.800 --> 01:28:40.800]  and they just took them to throw them out.
[01:28:40.800 --> 01:28:45.800]  You should file a claim. You can file a claim for those.
[01:28:45.800 --> 01:28:49.800]  I'm wondering if there are some city ordinances.
[01:28:49.800 --> 01:29:01.800]  John, do you know of any county or city ordinances that tend to limit what you can store in your yard?
[01:29:01.800 --> 01:29:08.800]  I spoke to a lawyer, and he said you're not allowed to have anything, not even a car in the driveway.
[01:29:08.800 --> 01:29:19.800]  So I drove around, and I see half the people have cars in their driveway, basketball hoops, garbage cans,
[01:29:19.800 --> 01:29:26.800]  but this lawyer who's pretty competent generally, you know, and he's about 70,
[01:29:26.800 --> 01:29:31.800]  and he said we're not technically allowed to have anything.
[01:29:31.800 --> 01:29:37.800]  That doesn't give them the right to confiscate it.
[01:29:37.800 --> 01:29:42.800]  They're confiscated, and then liquidated.
[01:29:42.800 --> 01:29:48.800]  So you can certainly file a claim against the city for what they've taken.
[01:29:48.800 --> 01:29:52.800]  It's not a lawsuit, it's a claim. Is it different?
[01:29:52.800 --> 01:29:55.800]  Well, your lawsuit would be the claim.
[01:29:55.800 --> 01:29:59.800]  Okay. Is it small claims court, or?
[01:29:59.800 --> 01:30:02.800]  Yes, this would be in small claims.
[01:30:02.800 --> 01:30:03.800]  Okay.
[01:30:03.800 --> 01:30:06.800]  Hang on, hang on. We'll be right back.
[01:30:06.800 --> 01:30:10.800]  A top cybersecurity expert has a warning for America.
[01:30:10.800 --> 01:30:16.800]  If you build an electrical smart grid, the hackers will come, and they could cause a catastrophic blackout.
[01:30:16.800 --> 01:30:20.800]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[01:30:20.800 --> 01:30:26.800]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:26.800 --> 01:30:31.800]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:31.800 --> 01:30:36.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:36.800 --> 01:30:39.800]  Privacy, it's worth hanging on to.
[01:30:39.800 --> 01:30:46.800]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:46.800 --> 01:30:50.800]  Start over with StartPage.
[01:30:50.800 --> 01:30:57.800]  Governments love power, so it's only natural they'd want to control the power going into your home too, with a smart grid.
[01:30:57.800 --> 01:31:04.800]  So they're installing a national network of smart meters to remotely monitor electric use for efficiency and avoid grid failure.
[01:31:04.800 --> 01:31:08.800]  But cybersecurity expert David Chalk says not so fast.
[01:31:08.800 --> 01:31:13.800]  If we make the national power grid controllable through the web, hackers will have a field day.
[01:31:13.800 --> 01:31:20.800]  Working remotely, they could tap in and black out the entire nation, leaving us vulnerable to our enemies.
[01:31:20.800 --> 01:31:23.800]  I've long opposed smart meters for privacy and health reasons.
[01:31:23.800 --> 01:31:28.800]  The catastrophic failures caused by hackers? There's nothing smart about that.
[01:31:28.800 --> 01:31:36.800]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:36.800 --> 01:31:41.800]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:41.800 --> 01:31:43.800]  The government says that fire brought it down.
[01:31:43.800 --> 01:31:48.800]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:48.800 --> 01:31:54.800]  Over 6,000 of my fellow service members have given their lives. Thousands of my fellow first responders are dying.
[01:31:54.800 --> 01:31:59.800]  I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force pilot.
[01:31:59.800 --> 01:32:03.800]  I'm a father who lost his son. We're Americans, and we deserve the truth.
[01:32:03.800 --> 01:32:07.800]  Go to RememberBuilding7.org today.
[01:32:07.800 --> 01:32:11.800]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[01:32:11.800 --> 01:32:15.800]  In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society,
[01:32:15.800 --> 01:32:18.800]  then we're going to have to stand and defend our own rights.
[01:32:18.800 --> 01:32:23.800]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[01:32:23.800 --> 01:32:25.800]  and most importantly, the right to due process of law.
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[01:33:17.800 --> 01:33:39.800]  OK, we are back, Randy Kelton, Brett Fountain, we are on radio, and we're talking to Ann in New York,
[01:33:39.800 --> 01:33:43.800]  and Ann, I don't have enough information.
[01:33:43.800 --> 01:33:51.800]  Do you know what OS is in CMC? Is it Office of the State Controller, you think, or?
[01:33:51.800 --> 01:33:56.800]  Wait, I'm having trouble understanding her. Could you understand her, Brett?
[01:33:56.800 --> 01:34:01.800]  She was wondering if you're familiar with OSC.
[01:34:01.800 --> 01:34:07.800]  I think it might be. I looked it up. It might be Office of the State Controller.
[01:34:07.800 --> 01:34:13.800]  We're having a hearing to appoint a guardian with a TRO.
[01:34:13.800 --> 01:34:25.800]  OK, temporary restraining order. I'm going to suggest, it sounds like they are considering you to be incompetent.
[01:34:25.800 --> 01:34:27.800]  Yes, they are.
[01:34:27.800 --> 01:34:37.800]  OK, so I would suggest you get a psychiatrist to do a psych eval, just do a competency evaluation.
[01:34:37.800 --> 01:34:48.800]  They did that to me recently, I'm 74, and you've got to charge 300 bucks to do it. It took about five minutes.
[01:34:48.800 --> 01:34:54.800]  OK, I need the Medicare to cover it.
[01:34:54.800 --> 01:34:58.800]  Medicare did not cover it in mine, but don't worry about it.
[01:34:58.800 --> 01:35:02.800]  Just go down there and get it, and the doctor will bill you three times,
[01:35:02.800 --> 01:35:07.800]  and when you don't pay it, then he'll charge it. There's something else that pays it for him.
[01:35:07.800 --> 01:35:13.800]  But tell him how to do it.
[01:35:13.800 --> 01:35:24.800]  OK, medical. John, how does she get a medical, a psych eval, or a competency evaluation?
[01:35:24.800 --> 01:35:30.800]  I don't pay co-pays because I'm poor.
[01:35:30.800 --> 01:35:33.800]  Do you have Medicare or Medicaid?
[01:35:33.800 --> 01:35:43.800]  Yeah, I have some, yeah, I do, QMB, so I don't pay co-pays at all.
[01:35:43.800 --> 01:35:45.800]  QMB?
[01:35:45.800 --> 01:35:53.800]  I don't know, I just know. I don't pay co-pay. Q is in Queen Mary.
[01:35:53.800 --> 01:36:07.800]  If you've got QMB, I'm not sure for certain, but QMB is pretty inclusive, and QMB pays for an awful lot.
[01:36:07.800 --> 01:36:17.800]  I've had a brain scam because I was claiming about my memory on the credit cards,
[01:36:17.800 --> 01:36:22.800]  but I'm sure it was the drugs that made me forget everything 10 years ago.
[01:36:22.800 --> 01:36:26.800]  Oh, the drugs, oh yeah, you know it, and they won't admit it.
[01:36:26.800 --> 01:36:28.800]  Yeah, well, they don't have to.
[01:36:28.800 --> 01:36:34.800]  Meanwhile, when there was a drug from 1996 that they offered me,
[01:36:34.800 --> 01:36:40.800]  luckily I didn't take it, 70,000 people died from that Vioxx.
[01:36:40.800 --> 01:36:48.800]  Oh, Vioxx, oh yeah, that was, and they went ahead and they released it to the public anyway, knowing Colwell would kill them.
[01:36:48.800 --> 01:36:52.800]  And nobody went to jail that I heard of, 70,000 people.
[01:36:52.800 --> 01:36:55.800]  Yeah, well, they didn't go to jail for COVID either.
[01:36:55.800 --> 01:37:02.800]  Oh, is it definite that the vaccine is killing the people, or what?
[01:37:02.800 --> 01:37:05.800]  I knew that three years ago.
[01:37:05.800 --> 01:37:11.800]  I didn't take the shots. I just eat a lot of fruit and vegetables.
[01:37:11.800 --> 01:37:19.800]  If anybody makes you take those shots, don't you dare. You can trust me on that.
[01:37:19.800 --> 01:37:24.800]  No, I wouldn't. My sister said she'd leave the state if they tried to make her do it.
[01:37:24.800 --> 01:37:27.800]  You know, whatever it took.
[01:37:27.800 --> 01:37:32.800]  I spent over 8,000 hours on my job, well, my job.
[01:37:32.800 --> 01:37:38.800]  I spent over 8,000 hours researching COVID alone, the shots and everything,
[01:37:38.800 --> 01:37:41.800]  and the whole thing was such a mess, it isn't funny.
[01:37:41.800 --> 01:37:47.800]  People not only should go to jail for that, but they probably should be in the electric chair.
[01:37:47.800 --> 01:37:51.800]  But that's beside the point. Anyhow, let's get you all situated here.
[01:37:51.800 --> 01:37:54.800]  You've got a complex situation.
[01:37:54.800 --> 01:37:59.800]  Well, they're supposed to come Thursday to my house to clean it out,
[01:37:59.800 --> 01:38:06.800]  and Friday to the apartment, see a way I can get an order to show cause to put a temporary stop on this,
[01:38:06.800 --> 01:38:09.800]  because they'll just take stuff and I'll never see it again.
[01:38:09.800 --> 01:38:15.800]  I'm putting a lot of stuff in storage to get it out of the way, but I don't know if I could do it all.
[01:38:15.800 --> 01:38:20.800]  Randy, in New York State, a single-family dwelling,
[01:38:20.800 --> 01:38:27.800]  they have no right to force an inspection on a single-family dwelling.
[01:38:27.800 --> 01:38:28.800]  Well, I have a roommate.
[01:38:28.800 --> 01:38:31.800]  Is this house considered a single-family? No, it's not, is it?
[01:38:31.800 --> 01:38:36.800]  It's legally a single-family, but I used to rent rooms upstairs.
[01:38:36.800 --> 01:38:41.800]  Now I just have Scott because he, you know, fixes things. He's a plumber, a carpenter.
[01:38:41.800 --> 01:38:50.800]  If that house is a single-family house and is still listed on the book as a single-family house,
[01:38:50.800 --> 01:38:59.800]  I'm going to take a stretch and stick my neck out and say they have no right to walk in and force an inspection.
[01:38:59.800 --> 01:39:04.800]  All the noble reasons on the face of the planet. I know people who went through this,
[01:39:04.800 --> 01:39:11.800]  and I also know that if it's a single-family house and it's been designated and hasn't been changed,
[01:39:11.800 --> 01:39:15.800]  they have no business in that house. So how do I look it up?
[01:39:15.800 --> 01:39:17.800]  You may be able to sue them. You may be able to sue them.
[01:39:17.800 --> 01:39:25.800]  Oh, I want to. Trust me. For a breach of the Fourth Amendment.
[01:39:25.800 --> 01:39:30.800]  You may be able to sue them for a breach of the Fourth Amendment. I've seen this before.
[01:39:30.800 --> 01:39:32.800]  Now this I've got experience with.
[01:39:32.800 --> 01:39:41.800]  So I sue, but how do I stop them from, you know, I mean the house needed cleaning up.
[01:39:41.800 --> 01:39:47.800]  You know, that's the benefit I got even though I had to do the cleaning, but it really needed it.
[01:39:47.800 --> 01:39:56.800]  I mean, what do they consider unsafe? It's supposedly for my safety.
[01:39:56.800 --> 01:40:03.800]  I've seen this before. Very noble cause and then they violate your Fourth Amendment right
[01:40:03.800 --> 01:40:09.800]  and they come in on a single-family dwelling when they can't and they have no legal ability to do so.
[01:40:09.800 --> 01:40:16.800]  And they do it anyway because it's a noble cause.
[01:40:16.800 --> 01:40:18.800]  Let me make a suggestion.
[01:40:18.800 --> 01:40:26.800]  I need to know what to do to stop them if I can. And I'm saying with the apartment.
[01:40:26.800 --> 01:40:33.800]  How about an injunction? Get an injunction in some way, shape, or form.
[01:40:33.800 --> 01:40:40.800]  Hold on. Hold on. Hold on. First thing, do an inventory of everything in the apartment.
[01:40:40.800 --> 01:40:44.800]  Oh, God. It's a lot of stuff.
[01:40:44.800 --> 01:40:49.800]  And when they get there, here's an inventory of all my possessions.
[01:40:49.800 --> 01:40:53.800]  If you want to clean the house, the apartment, fine.
[01:40:53.800 --> 01:40:57.800]  But all these possessions need to be here when you leave.
[01:40:57.800 --> 01:41:00.800]  Anything that's not here, I'll consider it theft.
[01:41:00.800 --> 01:41:10.800]  And that you set them up so that they can't just arbitrarily or capriciously decide to throw things out.
[01:41:10.800 --> 01:41:15.800]  Okay. I got a feeling they really weren't throwing things out of the driveway.
[01:41:15.800 --> 01:41:20.800]  I got a feeling they ended up in somebody's backyard or somebody's basement.
[01:41:20.800 --> 01:41:28.800]  I'd rather that somebody have used, I mean, two good motor scooters and lawn mowers and some other stuff.
[01:41:28.800 --> 01:41:35.800]  It's criminal to waste stuff, but also it belonged to Scott and he shouldn't have tried.
[01:41:35.800 --> 01:41:37.800]  Okay. Hold on. Let's stay on point.
[01:41:37.800 --> 01:41:41.800]  You're trying to figure out how to keep them from doing the same thing to your house.
[01:41:41.800 --> 01:41:45.800]  Yes. And my apartment.
[01:41:45.800 --> 01:41:52.800]  Are you able to petition a local court for a restraining order?
[01:41:52.800 --> 01:41:56.800]  I don't know how, but if you tell me, I'll do it.
[01:41:56.800 --> 01:42:00.800]  The problem is we have so much, the time is so short.
[01:42:00.800 --> 01:42:02.800]  I know.
[01:42:02.800 --> 01:42:07.800]  So the first thing you do is get an inventory and get a copy made of it.
[01:42:07.800 --> 01:42:09.800]  And when they come, give them the inventory.
[01:42:09.800 --> 01:42:12.800]  This is the inventory of my apartment.
[01:42:12.800 --> 01:42:16.800]  If you want to clean it, fine, but I expect everything to still be here.
[01:42:16.800 --> 01:42:22.800]  The worker doesn't care. I think that she doesn't have much money to spend.
[01:42:22.800 --> 01:42:24.800]  No, no, no, no, no. It doesn't work that way.
[01:42:24.800 --> 01:42:27.800]  You don't care what the worker cares.
[01:42:27.800 --> 01:42:33.800]  When you give them that inventory, anything that's not here when you leave,
[01:42:33.800 --> 01:42:37.800]  you've stolen it, I'll call the police and have you arrested.
[01:42:37.800 --> 01:42:41.800]  And since you have the inventory, you'll have the grounds to do that.
[01:42:41.800 --> 01:42:48.800]  We don't care if she's a government employee or not.
[01:42:48.800 --> 01:42:52.800]  This will put a cog in their books.
[01:42:52.800 --> 01:42:55.800]  It doesn't matter what they are.
[01:42:55.800 --> 01:42:57.800]  It makes no difference.
[01:42:57.800 --> 01:43:01.800]  I called the police last time and they did nothing.
[01:43:01.800 --> 01:43:06.800]  Okay. We have tools for that.
[01:43:06.800 --> 01:43:10.800]  All you're doing is setting the record.
[01:43:10.800 --> 01:43:16.800]  If these people come and clean your apartment and you can show that anything's not there,
[01:43:16.800 --> 01:43:22.800]  that they've decided something needs to be thrown out, you give them an inventory.
[01:43:22.800 --> 01:43:26.800]  And that will cause them to take a giant step backwards.
[01:43:26.800 --> 01:43:29.800]  And that's something you can do quickly.
[01:43:29.800 --> 01:43:32.800]  Well, I have hundreds of books that have to write down the name of each book.
[01:43:32.800 --> 01:43:34.800]  Okay, can I take a picture?
[01:43:34.800 --> 01:43:36.800]  Take a picture.
[01:43:36.800 --> 01:43:40.800]  You take pictures of everything.
[01:43:40.800 --> 01:43:42.800]  That I can do.
[01:43:42.800 --> 01:43:45.800]  Yeah, and then when they leave, you go take new pictures.
[01:43:45.800 --> 01:43:50.800]  And if all of those things aren't there, then you call the police and report theft.
[01:43:50.800 --> 01:43:54.800]  Now you've got their attention.
[01:43:54.800 --> 01:43:55.800]  Hang on.
[01:43:55.800 --> 01:43:59.800]  We're about to go to our sponsors, Randy Kelton, Brett Fountain, Rue de la Radio.
[01:43:59.800 --> 01:44:01.800]  We'll be right back.
[01:44:01.800 --> 01:44:05.800]  Thank you.
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[01:46:33.800 --> 01:47:00.800]  The people come down from the hills
[01:47:00.800 --> 01:47:10.800]  Into the city they will shuffle
[01:47:10.800 --> 01:47:18.800]  Many long nights, many strong thrills
[01:47:18.800 --> 01:47:24.800]  Land of comfort, land of scuffle
[01:47:24.800 --> 01:47:33.800]  It's hard to lose, and it's hard to hold
[01:47:33.800 --> 01:47:41.800]  Far back as they remember, they don't know
[01:47:41.800 --> 01:47:46.800]  Silent language, silent language
[01:47:46.800 --> 01:47:53.800]  Silent language
[01:47:53.800 --> 01:47:58.800]  Silent language
[01:47:58.800 --> 01:48:03.800]  Silent language
[01:48:03.800 --> 01:48:08.800]  Silent language
[01:48:08.800 --> 01:48:13.800]  Silent language
[01:48:13.800 --> 01:48:18.800]  Silent language
[01:48:18.800 --> 01:48:24.080]  before. I think she would have, if they came to arrest her, she would have kept doing it.
[01:48:25.120 --> 01:48:29.920]  Well, call the police. Try to do that. Call the police and ask them to arrest her.
[01:48:31.600 --> 01:48:35.840]  I do this all the time, and people don't like it when you call the police and ask,
[01:48:35.840 --> 01:48:38.080]  try to get them arrested. It really gets their attention.
[01:48:38.880 --> 01:48:42.000]  The cops did nothing. Scott called the cops.
[01:48:42.000 --> 01:48:46.640]  No, no. We got any ways of handling that. We don't care what the cops do.
[01:48:46.640 --> 01:48:50.240]  Well, they didn't do anything, and nobody stopped them.
[01:48:50.960 --> 01:48:55.680]  Stop, stop doing that. Stop doing that. You're saying, it doesn't matter what I do,
[01:48:56.640 --> 01:48:59.760]  nobody's going to do what they're supposed to do. I get that.
[01:49:00.800 --> 01:49:05.120]  And we get that all the time, and we specialize in handling that stuff.
[01:49:06.160 --> 01:49:07.600]  How do I get an injunction?
[01:49:10.000 --> 01:49:16.320]  You don't have time to get an injunction. You have to write up a petition for temporary
[01:49:16.320 --> 01:49:22.080]  restraining order. I need to know under what authority they're coming. I need to know the
[01:49:22.080 --> 01:49:27.440]  underlying law, what they're allowed to do, what they're not allowed to do. I've been sitting here
[01:49:27.440 --> 01:49:34.080]  listening, trying to figure out how I could craft something that you could get done in time.
[01:49:35.520 --> 01:49:41.520]  I brought John on because I don't know New York law. I could do this in Texas law,
[01:49:41.520 --> 01:49:48.400]  but New York has, in my experience, been quite a bit different. I need to know what the law is
[01:49:48.400 --> 01:49:56.560]  concerning competence, and you have a special, apparently have a special agency that handles
[01:49:57.440 --> 01:50:03.680]  the agent. John? What agency is that?
[01:50:03.680 --> 01:50:11.040]  It's self-help on my temporary legal guardians. It's an agency.
[01:50:12.880 --> 01:50:23.200]  You may have to get the temporary legal guardians attention. Are there any agencies that oversee
[01:50:23.200 --> 01:50:34.400]  guardians? I would assume so. I didn't think of that. I'll look into it.
[01:50:36.080 --> 01:50:42.000]  And you file a complaint with them, tell them your guardian is not protecting your rights,
[01:50:42.560 --> 01:50:50.160]  and that'll get his attention. We just don't have time. We're on our last segment. We're
[01:50:50.160 --> 01:50:54.080]  not going to have time tonight to go through all this, and that's why I suggested you take an
[01:50:54.080 --> 01:51:00.880]  inventory and show the inventory to whoever shows up. That'll get their attention. That'll let them
[01:51:00.880 --> 01:51:05.600]  know you're fixing to go after them. My hands are tied because I have a lawyer. I have to
[01:51:06.160 --> 01:51:12.560]  fire him, right, so that I can do a temporary restraining order. No, you tell the lawyer to
[01:51:12.560 --> 01:51:17.840]  prepare one, and when he doesn't, then you file a bar grievance against him with the State Bar
[01:51:17.840 --> 01:51:25.840]  Association. Now you've got his attention. Yeah, but I'm getting his attention because I mentioned
[01:51:25.840 --> 01:51:33.440]  firing him today, finally. But if I still have him and he's not fired, is it up to the judge,
[01:51:33.440 --> 01:51:39.760]  who doesn't like me, to grant my ability to fire him so I can do these orders, you know,
[01:51:39.760 --> 01:51:45.520]  do the temporary restraining? Because I don't know if he's able to do it. I think he's sort of
[01:51:45.520 --> 01:51:51.680]  getting older or depressed, or he's, I don't know. He's sort of nice, but he's out of it,
[01:51:51.680 --> 01:51:58.400]  and he doesn't really do his job. Then ask for a competent, can you tell the judge that you're,
[01:51:58.960 --> 01:52:03.440]  he's a nice guy, but he doesn't appear to be competent? You have a right to competent counsel.
[01:52:04.560 --> 01:52:10.640]  Well, I won't see the judge until after the clean-out. Wait a minute. The problem I'm having here
[01:52:10.640 --> 01:52:15.600]  is you have one issue after another, after another, after another, after another, after another,
[01:52:15.600 --> 01:52:22.960]  after another. I can't keep up with all this. Me neither. Yeah, well, I need something. You're
[01:52:22.960 --> 01:52:30.800]  asking me, what can I do right now? And what you can do right now is get an inventory and let whoever
[01:52:30.800 --> 01:52:37.040]  shows up know that you expect everything that's here now to still be here. Okay. Unless it's a
[01:52:37.040 --> 01:52:42.560]  garbage bag that needs to be thrown out, come and ask me and I'll tell you. But I expect everything
[01:52:42.560 --> 01:52:49.200]  to be here that's here now when you leave. That's the best you can do quickly in the time that you
[01:52:49.200 --> 01:52:59.440]  have. Then, if the door is locked, you call in next week and we'll talk about how to handle your
[01:52:59.440 --> 01:53:07.600]  lawyer. Don't fire him. I'm coming to do this thing on Thursday and Friday. They're doing the
[01:53:07.600 --> 01:53:13.600]  clean-out. I just found out today. Okay. Well, that's all you have time for is to get it,
[01:53:13.600 --> 01:53:20.400]  photograph everything and get your inventory and let them know you'll consider anything missing as
[01:53:20.400 --> 01:53:30.080]  theft. That's the best you have time for. And I'll put some of this stuff in storage so they can,
[01:53:30.080 --> 01:53:35.280]  no matter what, they can't get it because once it's gone, it's gone. Money won't replace them.
[01:53:35.280 --> 01:53:46.000]  You know, it's what I have left. I'm 85. I don't have any children and kind of, it means a lot to
[01:53:46.000 --> 01:53:54.320]  me. I was in court, tenant landlord court, for six years, seven years. They tried to kick me out.
[01:53:55.360 --> 01:54:02.000]  I lived there over 40 years because he said it wasn't my prime residence and I hired a lawyer
[01:54:02.000 --> 01:54:08.240]  because that's the best I knew to do at the time and it cost me $25,000. And I finally won the case
[01:54:08.240 --> 01:54:14.160]  and then there was an appeal. I did the appeal myself and I won that, which was the best I could
[01:54:14.160 --> 01:54:21.360]  myself and I won that, which I hear isn't hard to do. Mostly if you won the case, you'll win the
[01:54:21.360 --> 01:54:30.240]  appeal. Oh, so you have some legal competence. No, you know what, I didn't put one legal thing down
[01:54:30.240 --> 01:54:36.160]  on that appeal. It was eight or nine pages and it was just why I was living in the house temporarily
[01:54:36.160 --> 01:54:48.320]  because my uncle, both my uncles were lawyers. So I have a brain set that likes law and I like it a
[01:54:48.320 --> 01:54:56.160]  lot. Okay, then we're going to run out of time today, but call us back next week and we'll take
[01:54:56.160 --> 01:55:04.000]  you earlier in the show and we'll go through the routine how to handle these guys. We got tools.
[01:55:04.000 --> 01:55:11.280]  Do you take phone calls on Thursday? Yes. All right, because they're coming Thursday and Friday.
[01:55:12.080 --> 01:55:19.520]  That'll work. And also somebody put down that I used the driveway as the bathroom.
[01:55:19.520 --> 01:55:25.920]  I told the lawyer, obviously it's not true, I want to sue these people for slant, for whatever you
[01:55:25.920 --> 01:55:36.400]  call it. And he said, oh, the judge isn't going to believe it. You don't really care what the
[01:55:36.400 --> 01:55:43.440]  judge believes. You never win your case simply because you have the law and the facts on your
[01:55:43.440 --> 01:55:50.000]  side. You can expect to win your case if you have the politics on your side. So everything's about
[01:55:50.000 --> 01:55:57.280]  politics. They accuse you of using the driveway as a toilet. You accuse them of slander.
[01:55:57.280 --> 01:56:04.640]  One that called on me made it up. So I couldn't believe it when I read it. It was outrageous.
[01:56:05.200 --> 01:56:08.480]  How come they're not afraid of getting in trouble for saying something?
[01:56:08.480 --> 01:56:12.960]  Well, call in and accuse the judge of using his driveway as a toilet.
[01:56:12.960 --> 01:56:25.840]  Anyway, turnabouts fair play. Or maybe say that the lawyer accused him of using the
[01:56:27.120 --> 01:56:31.760]  driveway as a toilet. Yeah, I was talking to a lawyer out in the hall
[01:56:31.760 --> 01:56:34.720]  and he said that the judge used his driveway as a toilet.
[01:56:34.720 --> 01:56:40.640]  All right. You guys want to play dirty?
[01:56:41.600 --> 01:56:48.640]  You are a pro se. You have powers and abilities far beyond those of mortal attorneys.
[01:56:48.640 --> 01:56:54.160]  But I didn't call you weeks ago. I didn't know about calling you weeks ago. I just
[01:56:54.160 --> 01:57:01.760]  finally learned how to get you on the computer. Okay. Well, when you see Scott,
[01:57:01.760 --> 01:57:07.360]  we haven't talked to him in a long time. Will you give him a wrap upside the head for us?
[01:57:08.720 --> 01:57:10.880]  Who? Scott? Yeah.
[01:57:11.920 --> 01:57:14.160]  I think you might have Scott on the line here.
[01:57:14.160 --> 01:57:20.000]  He didn't feel well today. I know who I'm talking to now.
[01:57:20.720 --> 01:57:25.280]  I think you might have Scott on the line here. Oh, there he is.
[01:57:25.280 --> 01:57:29.280]  You can give him a wrap upside the head yourself. Scott, is that you?
[01:57:29.280 --> 01:57:37.040]  Yeah. I've been here for a while. I came upstairs to read a declaration. I handed the
[01:57:37.760 --> 01:57:43.200]  court evaluator and the attorney that I've been saying to the police they're murdering this lady
[01:57:43.200 --> 01:57:47.680]  and I'm witness and they're murdering this lady and they're murdering this lady.
[01:57:47.680 --> 01:57:51.360]  And she didn't give you the beginning story. She started late.
[01:57:52.560 --> 01:57:55.600]  Okay. Yeah. Well, we don't have time tonight. We only got a minute left.
[01:57:55.600 --> 01:57:59.680]  Oh. So I just wanted her to give you a wrap upside the head just for old time's sake.
[01:57:59.680 --> 01:58:06.320]  U.S. versus Queel. That's what I was trying to do. U.S. versus Queel. I'll talk to you soon.
[01:58:07.200 --> 01:58:12.560]  Okay. Call us back next Thursday. We'll talk to you then. We are out of time. John,
[01:58:15.840 --> 01:58:20.960]  you got 10 seconds. What do you got for us? Okay. I'm going to send some information
[01:58:20.960 --> 01:58:26.160]  to give to you. I'm going to send it to Brett and have him relay it to you.
[01:58:26.160 --> 01:58:33.120]  It's about your concerns about COVID, John. Okay. Send that to us. We're out of time.
[01:58:33.920 --> 01:58:40.320]  Sorry, John, that we didn't get to you. But you didn't help us out as much as I wanted you to.
[01:58:40.320 --> 01:58:44.480]  So what the heck with you? Call us back Thursday and we'll pull you up early.
[01:58:44.480 --> 01:58:47.040]  All right. All right. I'm going to send it to Brett.
[01:58:47.040 --> 01:58:51.760]  Okay. Stop talking while I'm talking, John. You did radio. You know better than that.
[01:58:53.120 --> 01:58:54.080]  Thank you all for listening.
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