[00:00.000 --> 00:06.760]  The following news flash is brought to you by The Lowest Star of Lowdown.
[00:06.760 --> 00:13.480]  Markets for Monday the 22nd of July 2019 open with Precious Metals, Gold $1,429.00, Silver
[00:13.480 --> 00:23.720]  $16.45.00, Copper $2.75.00, Oil, Texas Crew $55.63 of Barrel, Brent Crew $62.47 of Barrel,
[00:23.720 --> 00:33.120]  and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum $227.26, XRP Ripple
[00:33.120 --> 00:46.240]  $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 of Crypto Coin.
[00:46.240 --> 00:52.440]  In history, the year 1916, the preparedness day bombing, a timed suitcase bomb was detonated
[00:52.440 --> 00:57.760]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.760 --> 01:04.760]  10 and entering 40 today in history.
[01:04.760 --> 01:09.440]  And recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp into
[01:09.440 --> 01:14.280]  taxes law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.280 --> 01:18.840]  San Antonio, have been dropping marijuana possession charges and even refusing to file new ones
[01:18.840 --> 01:22.840]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.840 --> 01:24.800]  test the herb for THC.
[01:24.800 --> 01:28.440]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.440 --> 01:33.000]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.000 --> 01:34.000]  law.
[01:34.000 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.600 --> 01:42.120]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.120 --> 01:48.280]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.280 --> 01:54.520]  well as other cities, too, like the District Attorney in El Paso, Cayman Esparza, a Democrat
[01:54.520 --> 01:59.000]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.000 --> 02:01.800]  prosecution of marijuana cases in El Paso.
[02:01.800 --> 02:06.800]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.800 --> 02:10.760]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.400]  It's important that if someone is charged with something, the test matches what they're
[02:17.400 --> 02:22.600]  charged with.
[02:22.600 --> 02:27.440]  A paper by Tulane University identified a five and a half-inch American pocket shark.
[02:27.440 --> 02:32.360]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.360 --> 02:38.000]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.000 --> 02:39.480]  Pacific Ocean.
[02:39.480 --> 02:43.800]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:50.080]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.080 --> 03:16.080]  glow.
[03:16.080 --> 03:33.520]  The first of its kind in the Gulf of Mexico, the first of its kind in the Gulf of Mexico,
[03:33.520 --> 03:54.880]  was the first Yak-1 in the Gulf of Mexico in the world.
[03:54.880 --> 03:59.840]  Okay howdy howdy rendez כלtein.
[03:59.840 --> 04:02.120]  This is our first show of 2020.
[04:03.280 --> 04:08.280]  I'm looking forward to 2020 being the year.
[04:08.680 --> 04:13.680]  I am back in Texas, and really pleased to be back in Texas.
[04:15.600 --> 04:18.840]  I have spent the last week and a half,
[04:20.960 --> 04:25.400]  yeah, a week and a half in Austin.
[04:25.400 --> 04:28.600]  And the Austin Cedar kicked my behind.
[04:28.600 --> 04:33.600]  I'm in the process of marketing and trying to launch
[04:34.960 --> 04:38.040]  the LegalEarth project.
[04:39.040 --> 04:42.040]  So we're at the point of launch,
[04:42.960 --> 04:47.280]  and we're hoping that within the next two or three weeks,
[04:47.280 --> 04:50.240]  we will have something solid
[04:50.240 --> 04:52.400]  that we can begin to move ahead with.
[04:53.680 --> 04:57.800]  Brett, what on earth have you been up to
[04:57.800 --> 05:00.360]  with the Texas Supreme Court?
[05:01.200 --> 05:02.680]  Well, it wasn't my fault.
[05:02.680 --> 05:07.680]  They couldn't find anybody that was able to rule on the motion.
[05:07.720 --> 05:10.600]  I had a motion for disqualification
[05:10.600 --> 05:12.920]  for a judge at the county level.
[05:13.920 --> 05:18.920]  And every time they tried to pass that motion
[05:19.200 --> 05:21.360]  for disqualification to some other judge,
[05:21.360 --> 05:24.360]  it just happened to be a judge that I had already reported
[05:24.360 --> 05:29.120]  for their crimes.
[05:29.120 --> 05:32.040]  So they couldn't be fair and impartial.
[05:32.040 --> 05:35.600]  They obviously had an interest and a grudge and so forth.
[05:36.640 --> 05:41.640]  And eventually the Texas Supreme Court
[05:41.720 --> 05:46.720]  Chief Justice Hecht assigned a senior justice, Murphy,
[05:47.560 --> 05:51.280]  to hear this motion for disqualification.
[05:51.280 --> 05:55.160]  And the way he put it to her,
[05:55.160 --> 05:57.680]  you can read between the lines, it's pretty clear
[05:57.680 --> 06:00.200]  that he wanted her to sanction me
[06:00.200 --> 06:05.200]  because there had been three or more disqualification
[06:06.160 --> 06:08.280]  or recusal attempts.
[06:08.280 --> 06:10.640]  But that's not exactly what the law says.
[06:10.640 --> 06:15.640]  So I made it clear that that wasn't gonna happen.
[06:16.640 --> 06:18.080]  And she didn't.
[06:18.080 --> 06:21.960]  But she did deny the motion for disqualification
[06:21.960 --> 06:22.920]  without a hearing.
[06:23.960 --> 06:26.440]  And the law says she can't do that.
[06:26.440 --> 06:27.840]  She has to have a hearing.
[06:28.960 --> 06:32.240]  And all the parties have to get notice of the hearing.
[06:32.240 --> 06:34.320]  That could be by telephone.
[06:34.320 --> 06:37.000]  She can do a hearing by telephone,
[06:37.000 --> 06:39.520]  that's specifically and explicitly allowed.
[06:40.640 --> 06:42.440]  But she can't do it without a hearing.
[06:42.440 --> 06:47.440]  So I asked her, I gave her a motion to reconsider.
[06:49.960 --> 06:52.680]  And I showed her what the law said.
[06:52.680 --> 06:54.880]  But she decided to stick to her guns
[06:54.880 --> 06:59.880]  and not have a hearing on the disqualification.
[07:00.520 --> 07:01.920]  Just to stick with the denial.
[07:03.440 --> 07:06.640]  Well, she gave a different reason
[07:06.640 --> 07:09.080]  for why she was gonna deny.
[07:09.080 --> 07:13.560]  And she said, well, it's because your motion
[07:13.560 --> 07:17.800]  for disqualification is based solely on the rulings
[07:17.800 --> 07:21.160]  of that judge in these proceedings.
[07:21.160 --> 07:24.240]  And I gave her a motion to reconsider and said,
[07:24.240 --> 07:26.360]  I'm sorry, but there were no rulings.
[07:26.360 --> 07:28.560]  This judge has not held any proceedings.
[07:30.720 --> 07:35.720]  All she did was an ultra-various unlawful arrest.
[07:36.400 --> 07:38.240]  There was no proceedings.
[07:38.240 --> 07:39.480]  There are no rulings.
[07:40.880 --> 07:45.880]  And next, she said, she was gonna stand by her ruling.
[07:46.600 --> 07:48.240]  But it was denied.
[07:48.240 --> 07:53.240]  So I took those same arguments back to the Supreme Court.
[07:53.240 --> 07:55.280]  This is their fourth time to look at this situation.
[07:55.280 --> 08:00.280]  I'm sure they're tired of it, but where else am I gonna go?
[08:00.680 --> 08:03.440]  I had to take it back to the Supreme Court.
[08:03.440 --> 08:08.160]  And meanwhile, I was supposed to have,
[08:08.160 --> 08:13.160]  a court date yesterday out in Wood County,
[08:13.560 --> 08:17.280]  and they were going to finally meet me for the first time.
[08:18.280 --> 08:22.840]  After all of this hassle they've been causing,
[08:22.840 --> 08:24.280]  they were finally going to meet me.
[08:24.280 --> 08:25.760]  I had invited the media too.
[08:26.760 --> 08:28.720]  I had to uninvite the media
[08:28.720 --> 08:31.080]  because Supreme Court stepped in,
[08:31.080 --> 08:36.080]  intervened and said, you need to stay in the proceedings,
[08:36.080 --> 08:38.560]  pending the criminal investigation
[08:38.560 --> 08:40.640]  of Senior Justice Murphy,
[08:40.640 --> 08:45.640]  and pending the review of the mandamus,
[08:45.800 --> 08:49.280]  because I had sent them a mandamus to command Wood County
[08:49.280 --> 08:51.120]  to do the right thing.
[08:51.120 --> 08:53.400]  So they were gonna review these things.
[08:53.400 --> 08:56.920]  And in the meantime, Wood County can't do anything.
[08:56.920 --> 08:57.920]  They just have to wait.
[09:01.160 --> 09:02.920]  So that's what I've been up to.
[09:02.920 --> 09:06.240]  The Supreme Court blinked.
[09:06.240 --> 09:11.240]  It's like a staring contest.
[09:11.640 --> 09:14.960]  Yeah, all of a sudden they,
[09:14.960 --> 09:18.880]  it's like a staring contest and they blinked first.
[09:19.760 --> 09:21.680]  You never blinked.
[09:21.680 --> 09:23.320]  You just stayed right on them.
[09:24.200 --> 09:27.320]  And now they find themselves wound up into a spot.
[09:27.320 --> 09:32.320]  If the Supreme Court ruled directly against you,
[09:33.280 --> 09:38.280]  it would essentially throw out all the statutory law
[09:40.240 --> 09:44.120]  concerning disqualification or recusal.
[09:45.920 --> 09:46.760]  Wow.
[09:46.760 --> 09:49.840]  And it appears to be clear to them
[09:49.840 --> 09:51.400]  that you're not gonna go away.
[09:53.040 --> 09:56.800]  And their ruling being the Supreme Court ruling
[09:56.800 --> 10:00.000]  is a ruling that everybody else can depend on.
[10:00.960 --> 10:02.280]  Yes.
[10:02.280 --> 10:07.280]  So they couldn't just arbitrarily and capriciously rule this
[10:08.480 --> 10:12.360]  because it was clear you were not gonna go away.
[10:14.640 --> 10:15.680]  This is good.
[10:15.680 --> 10:18.200]  This makes my day.
[10:18.200 --> 10:19.040]  Really?
[10:19.040 --> 10:22.320]  We do have our phone lines open.
[10:22.320 --> 10:27.120]  Our call in number 512-646-1984.
[10:27.120 --> 10:31.720]  If you have a comment or a question, give us a call.
[10:31.720 --> 10:34.440]  We'll have the lines open all night.
[10:34.440 --> 10:39.200]  So I guess there's nothing for you to do now
[10:39.200 --> 10:42.760]  other than wait for the Supreme to make a decision.
[10:43.920 --> 10:45.200]  Well, there's that.
[10:45.200 --> 10:46.720]  But I also would like to,
[10:48.080 --> 10:51.600]  I wonder, see, they do be such late notice
[10:51.600 --> 10:55.960]  that that prejudice to me harmed me
[10:55.960 --> 10:58.480]  because I had already bought a hotel room,
[10:58.480 --> 11:02.400]  nonrefundable, over there by the courthouse.
[11:03.520 --> 11:04.360]  Oh, okay.
[11:04.360 --> 11:06.520]  I had already taken a day off at work
[11:06.520 --> 11:08.480]  and I had already arranged for a ride.
[11:10.200 --> 11:12.560]  Have you billed them?
[11:12.560 --> 11:15.280]  They cost me all of that because of their,
[11:15.280 --> 11:18.440]  did you last minute notice?
[11:18.440 --> 11:21.880]  Let us suggest you bill them for your time.
[11:21.880 --> 11:24.040]  Bill the Supreme Court?
[11:24.040 --> 11:24.880]  Yeah.
[11:28.320 --> 11:30.040]  You're not slave to them.
[11:31.080 --> 11:34.480]  You're not slave to their arbitrary
[11:34.480 --> 11:38.240]  and capricious adjustments of their clock.
[11:39.440 --> 11:41.640]  Yeah, they're gonna say, we were busy.
[11:42.600 --> 11:44.440]  Too bad.
[11:44.440 --> 11:47.640]  Tell that to the credit reporting agency
[11:47.640 --> 11:49.320]  when I deem your credit.
[11:51.720 --> 11:53.160]  Make some crazy.
[11:54.480 --> 11:57.040]  Deeming their credit makes them crazy.
[11:57.920 --> 12:00.160]  The credit of the organization
[12:00.160 --> 12:02.560]  or somebody like Hect.
[12:02.560 --> 12:06.280]  But if you deem a city's credit for not paying a bill,
[12:06.280 --> 12:08.080]  the next time they try to get a bond
[12:09.040 --> 12:10.520]  because their credit's dinged,
[12:10.520 --> 12:12.000]  their bond rating goes up.
[12:13.560 --> 12:14.840]  It's all about the money.
[12:14.840 --> 12:18.600]  And there's nothing to do about that.
[12:18.600 --> 12:21.400]  You know, they can object to it.
[12:21.400 --> 12:23.160]  You can, they can refuse to pay.
[12:23.160 --> 12:24.320]  It's okay.
[12:24.320 --> 12:25.720]  I'll just deem your credit.
[12:27.720 --> 12:28.760]  We'll put a mark on it.
[12:28.760 --> 12:31.760]  The next time you try to get a bond or something,
[12:31.760 --> 12:33.680]  the bank's gonna look at it and they're gonna say,
[12:33.680 --> 12:35.760]  you got this unpaid bill here.
[12:38.680 --> 12:43.360]  They'll have to sue to get that bill
[12:43.360 --> 12:48.360]  over, get it denied and get the ding off their credit.
[12:50.120 --> 12:51.680]  Ooh.
[12:51.680 --> 12:53.080]  And then the name would be the one
[12:53.080 --> 12:54.200]  piting the filing fee
[12:54.200 --> 12:56.040]  and I could put it in a counterclaim.
[12:56.040 --> 12:59.000]  Yeah, I don't know of anything in the law
[12:59.000 --> 13:04.000]  that exempts governmental agencies
[13:04.040 --> 13:09.120]  from liability administratively.
[13:09.120 --> 13:14.120]  This has nothing to do with their immunity.
[13:15.600 --> 13:19.320]  It has nothing to do with the adjudication of the case.
[13:19.320 --> 13:20.240]  Of course.
[13:20.240 --> 13:21.880]  This is merely administrative.
[13:21.880 --> 13:23.520]  It's just business.
[13:23.520 --> 13:25.360]  Yes, the business side.
[13:25.360 --> 13:27.240]  You cost me this much money.
[13:29.160 --> 13:34.160]  So, Yomi, how many hearings have you went to
[13:34.160 --> 13:39.160]  you went to that were not properly held?
[13:41.880 --> 13:44.160]  You mean throughout my lifetime
[13:44.160 --> 13:47.680]  where you talked about just this particular saga.
[13:47.680 --> 13:49.360]  This particular saga.
[13:50.560 --> 13:53.360]  Well, no, there have been zero.
[13:53.360 --> 13:58.360]  I only went one time and it was prior to a date
[13:58.480 --> 14:00.800]  when they asked me to come
[14:00.800 --> 14:03.080]  because I wanted to check with the magistrate
[14:03.080 --> 14:04.800]  and find out what is this?
[14:04.800 --> 14:05.720]  What's going on?
[14:05.720 --> 14:08.120]  Nobody's given me any notice of any primary pleadings.
[14:08.120 --> 14:10.280]  I don't know what this case is about.
[14:10.280 --> 14:12.160]  So I went down there to take a look at the record
[14:12.160 --> 14:13.920]  and talk to the magistrate and find out.
[14:13.920 --> 14:18.160]  They arrested me from the magistrate's office.
[14:18.160 --> 14:22.440]  Okay, that one gets you a false imprisonment claim.
[14:22.440 --> 14:23.920]  Yes.
[14:23.920 --> 14:25.920]  But since you voluntarily went
[14:29.720 --> 14:32.520]  and there wasn't, you weren't required to go,
[14:32.520 --> 14:35.040]  then not when you won't have a claim on it.
[14:35.040 --> 14:37.440]  But where you were summoned,
[14:38.440 --> 14:42.240]  and so apparently this is the only time you were summoned
[14:42.240 --> 14:47.240]  and at the last moment, they canceled the summits.
[14:47.640 --> 14:48.960]  Correct.
[14:48.960 --> 14:50.800]  After you were already,
[14:52.200 --> 14:56.840]  yes, after I already expended the money
[14:56.840 --> 14:59.400]  to comply with their requirement.
[14:59.400 --> 15:01.520]  Bill them.
[15:03.840 --> 15:07.560]  Billing them is a whole different thing.
[15:07.560 --> 15:10.680]  It goes to the administrative side completely.
[15:12.000 --> 15:15.160]  And I don't even know if the judges themselves
[15:15.160 --> 15:17.560]  would have anything to say about it.
[15:17.560 --> 15:21.880]  This goes to the administrative side of the court.
[15:21.880 --> 15:26.880]  You build a court and what authority would they have
[15:33.560 --> 15:35.680]  to deny a bill?
[15:35.680 --> 15:38.200]  Let's say the court buys toilet paper
[15:39.160 --> 15:42.560]  and this person who sold the toilet paper
[15:42.560 --> 15:45.280]  bills them for the toilet paper
[15:45.280 --> 15:47.040]  and they decide not to pay it.
[15:48.160 --> 15:51.440]  The judge can't just go up there and rule
[15:51.440 --> 15:54.000]  that we don't have to pay this toilet paper bill.
[15:56.720 --> 15:58.680]  You're just like a vendor now.
[16:00.960 --> 16:03.360]  Let them show that you're not a vendor.
[16:05.760 --> 16:07.240]  That's gonna cost them.
[16:09.920 --> 16:13.320]  Oh, I think you could have a lot of fun with that.
[16:16.280 --> 16:18.440]  Well, it's like chicken soup.
[16:18.440 --> 16:23.440]  Couldn't wait. Okay, we are about to go to our sponsors.
[16:29.440 --> 16:32.840]  We're still struggling to keep this show on the air
[16:32.840 --> 16:34.400]  and we can use all the help we got
[16:34.400 --> 16:38.120]  if you find value from this program.
[16:40.320 --> 16:42.240]  Check out our sponsors.
[16:42.240 --> 16:46.960]  We have our primary sponsors provide you the tools
[16:46.960 --> 16:51.120]  that will help you achieve the remedy
[16:51.120 --> 16:53.040]  that we talk about on this show.
[16:54.280 --> 16:56.760]  Hang on, we'll be right back.
[17:03.840 --> 17:06.320]  It's the 2019 Logos Radio Network
[17:06.320 --> 17:08.480]  annual fundraiser and gun giveaway
[17:08.480 --> 17:10.840]  sponsored by Central Texas Gun Works.
[17:10.840 --> 17:14.360]  Go to logosradionetwork.com and enter to win.
[17:14.360 --> 17:15.960]  Any amount is appreciated.
[17:15.960 --> 17:18.000]  Everything helps to keep us on the air.
[17:18.000 --> 17:19.760]  From Central Texas Gun Works,
[17:19.760 --> 17:24.400]  the grand prize up for grabs is a Spikes Tactical AR-15.
[17:24.400 --> 17:26.920]  More prizes and sponsors to be announced.
[17:26.920 --> 17:30.200]  Every $25 donation is a chance to win.
[17:30.200 --> 17:33.800]  When you purchase Randy Kelton's e-book, Legal 101,
[17:33.800 --> 17:35.560]  you get four chances to win.
[17:35.560 --> 17:37.560]  Purchase Eddie Craig's traffic seminar
[17:37.560 --> 17:39.560]  and get 10 chances to win.
[17:39.560 --> 17:42.320]  If you've enjoyed the shows on Logos Radio Network,
[17:42.320 --> 17:45.080]  support our fundraiser so we can keep bringing you
[17:45.080 --> 17:48.480]  the best quality programming on Talk Radio today.
[17:48.480 --> 17:51.360]  We also accept Bitcoin and other cryptocurrencies.
[17:51.360 --> 17:55.480]  And remember, every $25 donation is a chance to win.
[17:55.480 --> 17:59.480]  Go to logosradionetwork.com for details and donate today.
[18:00.840 --> 18:03.440]  Logos Radio Network welcomes a new show
[18:03.440 --> 18:05.440]  to our lineup for the new year.
[18:05.440 --> 18:09.200]  Scripture Talk with Nana will begin Wednesday, January 8th
[18:09.200 --> 18:11.720]  from 8 to 10 p.m. central time.
[18:11.720 --> 18:14.800]  Our goal is in accord with Matthew 516.
[18:14.800 --> 18:16.880]  Let your light so shine before men
[18:16.880 --> 18:18.600]  that they may see your good works
[18:18.600 --> 18:21.440]  and glorify your Father which is in heaven.
[18:21.440 --> 18:23.280]  We wish to reflect God's light
[18:23.280 --> 18:26.360]  and be a blessing to all those with a hearing ear.
[18:26.360 --> 18:29.880]  Join Nana and guests for both verse by verse Bible studies
[18:29.880 --> 18:32.600]  and topical Bible studies designed to provoke
[18:32.600 --> 18:34.920]  unto love and good works.
[18:34.920 --> 18:36.600]  Our verse by verse Bible studies
[18:36.600 --> 18:38.480]  will begin in the book of Matthew
[18:38.480 --> 18:41.080]  where we will discuss one chapter per week.
[18:41.080 --> 18:43.760]  Our topical Bible studies will vary each week
[18:43.760 --> 18:45.760]  and we'll explore sound doctrine
[18:45.760 --> 18:48.360]  as well as Christian character development.
[18:48.360 --> 18:50.640]  So mark your calendar and join us live
[18:50.640 --> 18:55.120]  on logosradionetwork.com Wednesdays from 8 to 10 p.m.
[18:55.120 --> 18:57.720]  starting January 8th for an inspiring
[18:57.720 --> 19:00.120]  and motivating discussion of the scriptures.
[19:01.960 --> 19:05.800]  You are listening to the Logos Radio Network,
[19:05.800 --> 19:08.600]  LogosRadionetwork.com.
[19:08.600 --> 19:10.920]  Let's get started.
[19:10.920 --> 19:12.880]  Okay, we are back.
[19:12.880 --> 19:16.880]  Randy Kelton, Brett Fountain, Root of Log Radio.
[19:16.880 --> 19:20.760]  And we're about to go to our caller.
[19:20.760 --> 19:23.840]  We're going to Tina in California.
[19:23.840 --> 19:25.760]  Hello, Miss Tina.
[19:25.760 --> 19:28.600]  Hello, Randy. How are you?
[19:28.600 --> 19:30.360]  I am good.
[19:30.360 --> 19:32.360]  Since I got out of the hospital,
[19:32.360 --> 19:34.760]  I've been in the hospital for a long time.
[19:34.760 --> 19:37.000]  I've been in the hospital for a long time.
[19:37.000 --> 19:39.160]  I'm good. Since I got out of Austin,
[19:39.160 --> 19:41.080]  Austin's my favorite place on earth,
[19:41.080 --> 19:43.800]  but it nearly killed me this time.
[19:43.800 --> 19:46.800]  That Austin Cedar really worked me over.
[19:48.080 --> 19:49.760]  Yeah, it sounds like it did.
[19:50.760 --> 19:53.000]  Yeah, life is tough.
[19:53.880 --> 19:56.960]  Okay, what do you have for us today?
[19:56.960 --> 19:59.280]  Well, I just wanted to fill you in.
[20:00.120 --> 20:02.440]  I still got a walk with you on that criminal complaint,
[20:02.440 --> 20:04.520]  but I was getting ready for some stuff.
[20:04.520 --> 20:11.520]  I had the status conference hearing this morning
[20:11.520 --> 20:14.520]  for that declaratory judgment.
[20:15.520 --> 20:20.520]  And, you know, the other side had put in this status
[20:20.520 --> 20:23.520]  conference that they wanted it, you know,
[20:23.520 --> 20:27.520]  could after the demur or after the demur,
[20:27.520 --> 20:30.520]  I put in that I wanted it, you know, to go ahead.
[20:30.520 --> 20:33.520]  I was ready to do whatever I needed to do
[20:33.520 --> 20:39.520]  to show that there was no reason for the demur.
[20:39.520 --> 20:43.520]  I basically told the judge that, you know, yes,
[20:43.520 --> 20:47.520]  there is, you know, that I believe that there's no...
[20:48.520 --> 20:51.520]  Regidicata doesn't apply, basically,
[20:51.520 --> 20:55.520]  because there is no...
[20:56.520 --> 21:00.520]  You know, there's a pacing controversy, I said.
[21:00.520 --> 21:03.520]  There's a dispute between the two parties.
[21:03.520 --> 21:09.520]  And therefore, and everything that we're claiming here
[21:09.520 --> 21:12.520]  happened after the other cases that they are claiming
[21:12.520 --> 21:13.520]  Regidicata.
[21:14.520 --> 21:19.520]  And, you know, she listened and she still, you know,
[21:19.520 --> 21:23.520]  marked it and forwarded it to the...
[21:23.520 --> 21:25.520]  when the demur is being heard.
[21:25.520 --> 21:27.520]  But I did, you know, let her know that, you know,
[21:27.520 --> 21:30.520]  there's only one question before the court
[21:30.520 --> 21:33.520]  and that's to settle, you know, different.
[21:33.520 --> 21:36.520]  And so that's what happened.
[21:36.520 --> 21:41.520]  We'll just have to wait and see on February the 22nd,
[21:41.520 --> 21:45.520]  because it was supposed to be next week
[21:45.520 --> 21:47.520]  and the court moved it.
[21:49.520 --> 21:51.520]  Wait, this is that last part?
[21:51.520 --> 21:53.520]  It was set and the court moved it?
[21:53.520 --> 21:55.520]  It was set for next week.
[21:55.520 --> 21:58.520]  The hearing on there didn't you are?
[21:58.520 --> 22:04.520]  And the court moved it to...for a month from now.
[22:04.520 --> 22:07.520]  Oh, that's a good sign.
[22:07.520 --> 22:08.520]  It is?
[22:08.520 --> 22:13.520]  If the court was just going to blow it off,
[22:13.520 --> 22:19.520]  they would have just denied it and went ahead.
[22:19.520 --> 22:21.520]  Mm-hmm.
[22:21.520 --> 22:25.520]  So... Well, I think that's some good case law in there
[22:25.520 --> 22:26.520]  that shows that...
[22:26.520 --> 22:28.520]  because she wanted me to show that has standing
[22:28.520 --> 22:31.520]  and I have standing because there's no damages,
[22:31.520 --> 22:34.520]  there's no, you know, act I have standing
[22:34.520 --> 22:36.520]  because there is a controversy
[22:36.520 --> 22:39.520]  according to the rules for territorial leave.
[22:39.520 --> 22:41.520]  You have standing.
[22:41.520 --> 22:44.520]  What the other side is trying to do
[22:44.520 --> 22:48.520]  is create a false claim the court can use
[22:48.520 --> 22:50.520]  to dismiss the case on.
[22:50.520 --> 22:53.520]  They created their false claim.
[22:53.520 --> 22:57.520]  They did everything they could to get you to take debate
[22:57.520 --> 23:00.520]  and you didn't take debate.
[23:00.520 --> 23:01.520]  Mm-hmm.
[23:01.520 --> 23:04.520]  You stayed with the one claim.
[23:04.520 --> 23:06.520]  Yes.
[23:06.520 --> 23:07.520]  So...
[23:07.520 --> 23:11.520]  Because they wanted me to add that I had...
[23:11.520 --> 23:15.520]  that, you know, all these other claims from before
[23:15.520 --> 23:17.520]  and I was, you know, they said I was supposed to,
[23:17.520 --> 23:21.520]  I told the court that I would do this
[23:21.520 --> 23:25.520]  and, you know, I didn't tell the court that I would add all those
[23:25.520 --> 23:26.520]  because then they could just say,
[23:26.520 --> 23:28.520]  oh, there's a little bar by rescue the car
[23:28.520 --> 23:30.520]  because she did this before.
[23:30.520 --> 23:32.520]  That's exactly.
[23:32.520 --> 23:36.520]  They were looking for a way to dismiss this out of hand.
[23:36.520 --> 23:37.520]  Yes.
[23:37.520 --> 23:40.520]  And you didn't give it to them.
[23:40.520 --> 23:41.520]  No.
[23:41.520 --> 23:48.520]  And we're back to what is a petition for declaratory judgment
[23:48.520 --> 23:53.520]  and you stayed with what is a petition for declaratory judgment.
[23:53.520 --> 23:54.520]  Yes.
[23:54.520 --> 23:56.520]  They tried to take...
[23:56.520 --> 24:02.520]  turned it into a petition, a civil petition
[24:02.520 --> 24:04.520]  and you didn't take debate.
[24:04.520 --> 24:07.520]  So it sounds like when you didn't take debate
[24:07.520 --> 24:11.520]  all of a sudden their plans got interrupted
[24:11.520 --> 24:16.520]  so now they're looking for another way to not make a ruling
[24:16.520 --> 24:23.520]  because if they make a bad ruling, they know for certain
[24:23.520 --> 24:25.520]  this will go to the court of appeals
[24:25.520 --> 24:29.520]  and if the court of appeals upholds the bad ruling
[24:29.520 --> 24:34.520]  then it has the effect of sedition.
[24:34.520 --> 24:36.520]  Uh-huh.
[24:36.520 --> 24:38.520]  Sedition.
[24:38.520 --> 24:40.520]  That is when you interfere with...
[24:40.520 --> 24:46.520]  block or interfere with the enforcement of the law.
[24:46.520 --> 24:51.520]  They are undermining the intent of the legislature
[24:51.520 --> 24:58.520]  in the passing of the law and rendering that long void.
[24:58.520 --> 24:59.520]  Okay.
[24:59.520 --> 25:01.520]  Well, good.
[25:01.520 --> 25:04.520]  I did something right.
[25:04.520 --> 25:09.520]  I think you've got them on the spot.
[25:09.520 --> 25:13.520]  If the Supreme does it,
[25:13.520 --> 25:17.520]  if the California Supreme voids the law
[25:17.520 --> 25:20.520]  that raises an interesting question.
[25:20.520 --> 25:26.520]  What is the remedy then?
[25:26.520 --> 25:28.520]  Yeah.
[25:28.520 --> 25:33.520]  It is an interesting question.
[25:33.520 --> 25:37.520]  Well, I guess we're going to find out.
[25:37.520 --> 25:39.520]  Yes, we are.
[25:39.520 --> 25:44.520]  I suspect that that delay that they entered
[25:44.520 --> 25:50.520]  was because someone at the Supreme,
[25:50.520 --> 25:53.520]  probably one of their clerks said,
[25:53.520 --> 25:57.520]  hold on guys, this could get out of hand.
[25:57.520 --> 26:00.520]  For everybody listening,
[26:00.520 --> 26:04.520]  you know, sometimes when people talk to me,
[26:04.520 --> 26:09.520]  I seem, the only word I can come up with is pedantic.
[26:09.520 --> 26:13.520]  I just hone in on these tiny little details
[26:13.520 --> 26:20.520]  because I'm always looking for something just like this.
[26:20.520 --> 26:24.520]  You always want to bring an issue
[26:24.520 --> 26:28.520]  that if the court rules against you,
[26:28.520 --> 26:32.520]  it disrupts the Corpus Juris.
[26:32.520 --> 26:34.520]  It destabilizes the body of law.
[26:34.520 --> 26:41.520]  If the Supreme rules against Tina in this instance,
[26:41.520 --> 26:47.520]  they will completely undermine the legislation
[26:47.520 --> 26:52.520]  which created a petition for declaratory judgment.
[26:52.520 --> 26:55.520]  You always want to look for something
[26:55.520 --> 26:59.520]  that will cause everybody a big problem
[26:59.520 --> 27:03.520]  because they know there's a lot of scoundrel lawyers out there.
[27:03.520 --> 27:06.520]  And anything you rule incorrectly,
[27:06.520 --> 27:08.520]  they're going to take it and use it
[27:08.520 --> 27:11.520]  and then later on you're going to have to fix it.
[27:11.520 --> 27:15.520]  They'll create a lot of chaos in the meantime.
[27:15.520 --> 27:18.520]  So, Tina, you've done well.
[27:18.520 --> 27:21.520]  You've taken a right to the wall.
[27:21.520 --> 27:27.520]  It will be interesting to see how this shakes out.
[27:27.520 --> 27:29.520]  Yes, and I was quite clear with her.
[27:29.520 --> 27:32.520]  I said, you know, in my understanding,
[27:32.520 --> 27:35.520]  you know, that there is, you know,
[27:35.520 --> 27:39.520]  that Leslie Carter does not apply in these cases
[27:39.520 --> 27:45.520]  and that the court must overrule the demure.
[27:45.520 --> 27:50.520]  You're going to wind up famous Tina
[27:50.520 --> 27:52.520]  versus California.
[27:52.520 --> 27:56.520]  Tina versus California.
[27:56.520 --> 27:59.520]  Yeah, they're going to be sticking pins in me.
[27:59.520 --> 28:01.520]  The other side is.
[28:01.520 --> 28:04.520]  But that's okay. I don't care.
[28:04.520 --> 28:10.520]  As you said, what I'm doing is I'm costing them some money.
[28:10.520 --> 28:11.520]  Lots of money.
[28:11.520 --> 28:12.520]  And they don't like that.
[28:12.520 --> 28:14.520]  Lots of money.
[28:14.520 --> 28:17.520]  And you're not just costing them money.
[28:17.520 --> 28:20.520]  You're going after a lawyer.
[28:20.520 --> 28:28.520]  And that makes every other lawyer really nervous.
[28:28.520 --> 28:34.520]  Because, but for the grace of God, there go I was sitting with
[28:34.520 --> 28:38.520]  my prosecuting attorney here in Wise County.
[28:38.520 --> 28:42.520]  We are personal friends and he got someone,
[28:42.520 --> 28:45.520]  one of his court came in and handed him a printout
[28:45.520 --> 28:49.520]  from the State Bar Association of all of the sanctions
[28:49.520 --> 28:51.520]  they handed out.
[28:51.520 --> 28:54.520]  And while we're talking, he's flipping through it.
[28:54.520 --> 28:56.520]  Oh, I've done that.
[28:56.520 --> 28:57.520]  He flips it next to me.
[28:57.520 --> 28:59.520]  Oh, I've done that too.
[28:59.520 --> 29:01.520]  Every one of them.
[29:01.520 --> 29:05.520]  He said, oh, I've done that.
[29:05.520 --> 29:10.520]  So excuse me, it does make them nervous.
[29:10.520 --> 29:15.520]  And this is a really strong point I'm really proud of you.
[29:15.520 --> 29:18.520]  I'm proud of you that you hung in there.
[29:18.520 --> 29:19.520]  Well, thank you.
[29:19.520 --> 29:23.520]  Yeah, I'm hanging in there and I'm still working on the complaints
[29:23.520 --> 29:26.520]  because now we've got a month to go.
[29:26.520 --> 29:30.520]  I'd really like to hone that criminal complaint against the attorney.
[29:30.520 --> 29:36.520]  So it's sitting there one plus another bar complaint when we meet
[29:36.520 --> 29:39.520]  on the February 22nd.
[29:39.520 --> 29:40.520]  Good.
[29:40.520 --> 29:41.520]  Wonderful.
[29:41.520 --> 29:44.520]  Do you have something for the other side?
[29:44.520 --> 29:46.520]  Uh, no.
[29:46.520 --> 29:47.520]  That's it.
[29:47.520 --> 29:48.520]  Okay.
[29:48.520 --> 29:49.520]  Thank you very much.
[29:49.520 --> 29:50.520]  Randy Kelton.
[29:50.520 --> 29:51.520]  Brett Fountain.
[29:51.520 --> 29:53.520]  We were on radio.
[29:53.520 --> 29:54.520]  I call in them.
[29:54.520 --> 29:55.520]  Oh, board's full.
[29:55.520 --> 29:57.520]  Yeah, we got one loose.
[29:57.520 --> 29:59.520]  Ah, let's do this up.
[29:59.520 --> 30:01.520]  I'll be right.
[30:01.520 --> 30:04.520]  Businesses ask you for a lot of personal information
[30:04.520 --> 30:06.520]  and you may trust them to keep it safe.
[30:06.520 --> 30:11.520]  It turns out that even the most trusted companies may be unwittingly revealing your secrets.
[30:11.520 --> 30:15.520]  I'm Dr. Katherine Albrecht and I'll be right back with details.
[30:15.520 --> 30:17.520]  Privacy is under attack.
[30:17.520 --> 30:20.520]  When you give up data about yourself, you'll never get it back again.
[30:20.520 --> 30:25.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.520 --> 30:27.520]  So protect your rights.
[30:27.520 --> 30:30.520]  Say no to surveillance and keep your information to yourself.
[30:30.520 --> 30:31.520]  Privacy.
[30:31.520 --> 30:33.520]  It's worth hanging on to.
[30:33.520 --> 30:37.520]  This public service announcement is brought to you by StartPage.com,
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[30:51.520 --> 30:54.520]  But what happens if it escapes their control?
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[30:57.520 --> 31:03.520]  a shocking 90% of U.S. companies admit their security was breached by hackers in the last year.
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[31:21.520 --> 31:23.520]  I'm Dr. Katherine Albrecht.
[31:23.520 --> 31:30.520]  Get more information at KatherineAlbrecht.com.
[31:54.520 --> 31:55.520]  My uncle.
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[31:56.520 --> 31:57.520]  My son.
[31:57.520 --> 31:58.520]  Go to buildingwatch.org.
[31:58.520 --> 31:59.520]  Why it fell?
[31:59.520 --> 32:00.520]  Why it matters?
[32:00.520 --> 32:23.520]  I'm Dr. Katherine Albrecht.
[32:23.520 --> 32:33.520]  I'm Dr. Katherine Albrecht.
[32:53.520 --> 33:03.520]  I'm Dr. Katherine Albrecht.
[33:03.520 --> 33:13.520]  I'm Dr. Katherine Albrecht.
[33:13.520 --> 33:23.520]  I'm Dr. Katherine Albrecht.
[33:23.520 --> 33:33.520]  I'm Dr. Katherine Albrecht.
[33:33.520 --> 33:36.520]  Okay, we are back.
[33:36.520 --> 33:42.520]  This is the rule of law radio on Thursday, 16th of January, 2020.
[33:42.520 --> 33:47.520]  Randy Kelton, and I'm Brett Felton, and we're going to go to Robert.
[33:47.520 --> 33:50.520]  Robert, good evening.
[33:50.520 --> 33:54.520]  What do you have for us?
[33:54.520 --> 33:55.520]  Hello?
[33:55.520 --> 33:58.520]  Hello, we can hear you.
[33:58.520 --> 33:59.520]  Okay, hi.
[33:59.520 --> 34:09.520]  Yeah, I'm in a can of worms, and I'd like to be a hero.
[34:09.520 --> 34:14.520]  I was pulled over and had my...
[34:14.520 --> 34:19.520]  I made it to a church parking lot where they towed my vehicle.
[34:19.520 --> 34:21.520]  Then I went to court.
[34:21.520 --> 34:31.520]  The day I went to court, I wasn't on the docket, and they sent a notice to the wrong address
[34:31.520 --> 34:34.520]  that they dealt with.
[34:34.520 --> 34:43.520]  So that was their problem, and ended up, turned into a warrant, and then I was driving a couple
[34:43.520 --> 34:53.520]  of weeks ago, and I got in a sobriety checkpoint, and they arrested me, and I'd like to slap...
[34:53.520 --> 34:55.520]  Hold on, hold on.
[34:55.520 --> 34:57.520]  What state?
[34:57.520 --> 34:59.520]  California.
[34:59.520 --> 35:02.520]  Oh.
[35:02.520 --> 35:05.520]  That's a problem.
[35:05.520 --> 35:07.520]  Why is that?
[35:07.520 --> 35:10.520]  California's most corrupt state in the union.
[35:10.520 --> 35:14.520]  That's what I'm looking for.
[35:14.520 --> 35:18.520]  Okay.
[35:18.520 --> 35:19.520]  Well...
[35:19.520 --> 35:25.520]  At least he has a claim for false imprisonment.
[35:25.520 --> 35:32.520]  I know in Texas one thing that they really like to do this nonsense about sending something,
[35:32.520 --> 35:38.520]  a notice to the wrong address, and then getting you in trouble for not showing up for it.
[35:38.520 --> 35:45.520]  I think that's what they're doing in this whole county here, actually, but that's just...
[35:45.520 --> 35:56.520]  Oh, hold on. Do you have other instances where the county has the correct address,
[35:56.520 --> 35:59.520]  but they're sending it to the wrong address?
[35:59.520 --> 36:02.520]  I don't know that.
[36:02.520 --> 36:10.520]  When I went to the court the day I went, I went the day of the hearing, and it wasn't on the docket.
[36:10.520 --> 36:18.520]  They waited two days before the court date to send me a change of date,
[36:18.520 --> 36:22.520]  and they sent it to the wrong address.
[36:22.520 --> 36:28.520]  And I had talked to someone in the courtroom that had a similar experience.
[36:28.520 --> 36:43.520]  So you might want to go down and ask to see all of the warrants that have been issued and executed by this court
[36:43.520 --> 36:47.520]  in the last, say, two months.
[36:47.520 --> 36:49.520]  Okay.
[36:49.520 --> 36:55.520]  And then you look for warrants that were issued for failure to appear.
[36:55.520 --> 37:06.520]  And once you find those, then you look for warrants that occurred in a similar circumstance to you.
[37:06.520 --> 37:10.520]  If you can establish a pattern, you can file a...
[37:10.520 --> 37:19.520]  Instead of just filing a false imprisonment suit, you can file a private attorney general suit.
[37:19.520 --> 37:21.520]  Okay.
[37:21.520 --> 37:28.520]  And then you sue for yourself and all others similarly situated.
[37:28.520 --> 37:34.520]  And can they deny me a copy of those warrants that have been issued?
[37:34.520 --> 37:37.520]  They can try to, but that would be criminal.
[37:37.520 --> 37:40.520]  Now, hold on. Let's make sure we get this right.
[37:40.520 --> 37:43.520]  Issued and executed.
[37:43.520 --> 37:48.520]  Yes. Once they're executed, then they're a matter of public record.
[37:48.520 --> 37:50.520]  Okay.
[37:50.520 --> 38:01.520]  They want to withhold the warrants until they're executed because they don't want someone knowing there's a warrant out for them
[38:01.520 --> 38:07.520]  because they're concerned they will flee the jurisdiction.
[38:07.520 --> 38:13.520]  But after they're executed, there is no longer a reason to hold them.
[38:13.520 --> 38:19.520]  And after they're executed, the person's already been arrested, he's already accrued to harm.
[38:19.520 --> 38:38.520]  And if you can find a pattern, then you go back and in your criminal case, you request all of it for the last year or so under discovery.
[38:38.520 --> 38:40.520]  Okay.
[38:40.520 --> 38:54.520]  And do I go... I'm wondering how I proceed with the court now with the new court date.
[38:54.520 --> 38:59.520]  The first thing you do is go to trafficticket.website.
[38:59.520 --> 39:01.520]  Right. I've been there. I know.
[39:01.520 --> 39:09.520]  Okay. Download all of the documents that aren't specifically Texas. Just download all of them and look at them.
[39:09.520 --> 39:15.520]  You've got a motion in lemony and a Brady motion.
[39:15.520 --> 39:16.520]  Okay.
[39:16.520 --> 39:18.520]  Make sure you file those too.
[39:18.520 --> 39:28.520]  Now they're going to try to say you don't have discovery in a classy misdemeanor.
[39:28.520 --> 39:36.520]  Okay. Let them say that. They can't say that about the motion in lemony. That's a 20 page motion in lemony.
[39:36.520 --> 39:47.520]  The motion in lemony is a motion that lists all of the things, all of the questions the other side cannot ask.
[39:47.520 --> 39:57.520]  And that would require a hearing. That will stop them because what they'll do is they'll set a hearing to hear your motions.
[39:57.520 --> 40:03.520]  But wait, there's more in there. There is the motion in lemony, the Brady motion.
[40:03.520 --> 40:11.520]  That's the discovery. There is a motion to preserve all of your rights, the mother of Hubbard motion.
[40:11.520 --> 40:18.520]  And there is a motion requesting judicial disclosure.
[40:18.520 --> 40:24.520]  You're asking the judge to disclose all of his assets and all of his sources of income.
[40:24.520 --> 40:30.520]  And he is not going to be happy with that and he's going to deny it.
[40:30.520 --> 40:40.520]  And when he does, then you can file a petition for rid of mandamus to the county court.
[40:40.520 --> 40:55.520]  Asking the county court to order this judge to give you that disclosure because you have reason to believe that he makes money by ruling against you.
[40:55.520 --> 41:03.520]  And the county court is going to deny your mandamus.
[41:03.520 --> 41:07.520]  Then you file the mandamus with the court of appeals.
[41:07.520 --> 41:17.520]  That's going to be six, eight, ten months down the road. It gives you time to hammer them with discovery.
[41:17.520 --> 41:21.520]  Okay.
[41:21.520 --> 41:29.520]  If you believe that they're doing this and we hear about this enough, had it done to me,
[41:29.520 --> 41:42.520]  Brett's had it done to him, it seems like a trick they figured out they can pull.
[41:42.520 --> 41:52.520]  And if we can find a pattern, if you can find a pattern in this county, then go to the county next door.
[41:52.520 --> 41:59.520]  If you can find a pattern in the county next door, you just stepped up to the Fed.
[41:59.520 --> 42:08.520]  Well, you stepped up to the Fed anyway because you have a right to due process.
[42:08.520 --> 42:22.520]  Due process means you have a right to a reasonable expectation that the law will be abided by those people enforcing the law.
[42:22.520 --> 42:31.520]  Any denial of a right, any failure on the part of a jurisdiction to abide by law,
[42:31.520 --> 42:37.520]  like a failure to take you directly to the nearest magistrate,
[42:37.520 --> 42:43.520]  what, that's federal. That gets you right out in the federal court.
[42:43.520 --> 42:49.520]  I knew that because I knew that as I listened to the show all the time.
[42:49.520 --> 42:55.520]  When they did arrest me, they didn't take me to any magistrate.
[42:55.520 --> 43:02.520]  They took me right downtown. It's a different town and they booked me and released me.
[43:02.520 --> 43:12.520]  Standard process. The code requires them to take you directly to the nearest magistrate.
[43:12.520 --> 43:20.520]  That was put in law in 1215 AD when the Duke's drug king, John, down to the River Thames,
[43:20.520 --> 43:24.520]  threatened to cut his head off if he didn't sign the Magna Carta.
[43:24.520 --> 43:32.520]  It's been in law since then. Hang on, got to go to our sponsors.
[43:32.520 --> 43:39.520]  This is Randy Kelton, Brett Fountain, Blue Law Radio, our call-in number.
[43:39.520 --> 43:43.520]  Let me check, see if we're full. We've got an empty space on the board.
[43:43.520 --> 43:55.520]  Call-in number 912-912-512-646-1984. We'll be right back.
[44:13.520 --> 44:18.520]  I love to volunteer as a show producer, but I'm a bit of a Luddite and I really don't have any money to give
[44:18.520 --> 44:22.520]  because I spent it all on supplements. How can I help Logos?
[44:22.520 --> 44:27.520]  Well, I'm glad you asked. Whenever you order anything from Amazon, you can help Logos.
[44:27.520 --> 44:31.520]  With ordering your supplies or holiday gifts, first thing you do is clear your cookies.
[44:31.520 --> 44:37.520]  Now, go to LogosRegualNetwork.com. Click on the Amazon logo and bookmark it.
[44:37.520 --> 44:42.520]  Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[44:42.520 --> 44:47.520]  Do I pay extra? No. Do I have to do anything different when I order? No.
[44:47.520 --> 44:50.520]  Can I use my Amazon Prime? No. I mean, yes.
[44:50.520 --> 44:56.520]  Wow, giving without doing anything or spending any money, this is perfect. Thank you so much.
[44:56.520 --> 45:00.520]  We are Logos. Happy holidays, Logos.
[45:00.520 --> 45:03.520]  Are you the plaintiff or defendant in a lawsuit?
[45:03.520 --> 45:13.520]  Win your case without an attorney with Jurisdictionary. The affordable, easy-to-understand four-CD course that will show you how in 24 hours,
[45:13.520 --> 45:18.520]  step-by-step. If you have a lawyer, know what your lawyer should be doing.
[45:18.520 --> 45:22.520]  If you don't have a lawyer, know what you should do for yourself.
[45:22.520 --> 45:27.520]  Thousands have won with our step-by-step course, and now you can too.
[45:27.520 --> 45:33.520]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:33.520 --> 45:38.520]  Even if you're not in a lawsuit, you can learn what everyone should understand
[45:38.520 --> 45:42.520]  about the principles and practices that control our American courts.
[45:42.520 --> 45:49.520]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.520 --> 46:00.520]  prosay tactics, and much more. Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:19.520 --> 46:25.520]  If you could not wait any longer, would your purposes be done?
[46:25.520 --> 46:31.520]  So if you're sad about the soldier or a warrior or a clerk, double-end their key disease.
[46:31.520 --> 46:39.520]  All they're taking is understanding, and somebody calls the police watching the spotlight.
[46:39.520 --> 46:49.520]  Watching the spotlight.
[46:49.520 --> 46:54.520]  Watching the spotlight.
[46:54.520 --> 47:01.520]  Watching the spotlight.
[47:01.520 --> 47:11.520]  Watching the spotlight.
[47:11.520 --> 47:21.520]  Watching the spotlight.
[47:21.520 --> 47:31.520]  Watching the spotlight.
[47:31.520 --> 47:41.520]  Watching the spotlight.
[47:41.520 --> 47:51.520]  Watching the spotlight.
[47:51.520 --> 48:01.520]  Watching the spotlight.
[48:01.520 --> 48:11.520]  Watching the spotlight.
[48:11.520 --> 48:21.520]  Watching out on the outpost.
[48:21.520 --> 48:35.520]  Okay, we are back. Randy Kaufman, rule of law radio here with Brett Fountain, and we're talking to Robert in California.
[48:35.520 --> 48:37.520]  Okay, Robert.
[48:37.520 --> 48:39.520]  All right.
[48:39.520 --> 48:47.520]  The best thing you can do if you want to beat them is give them a reason to make your, want to make your case go away.
[48:47.520 --> 48:55.520]  But I didn't ask to start with, what do you want to do? What is your purpose?
[48:55.520 --> 48:59.520]  I wanted to spank them.
[48:59.520 --> 49:03.520]  Oh, okay, because you just wanted the ticket to go away. You could do that.
[49:03.520 --> 49:09.520]  But if you want to spank them, then the funds just starting.
[49:09.520 --> 49:11.520]  Oh, good.
[49:11.520 --> 49:17.520]  You could wind up where Tina is, because all these lawyers screw up everything.
[49:17.520 --> 49:23.520]  And if you follow bar grievance against the lawyer, the state bar is going to get into the trash.
[49:23.520 --> 49:25.520]  And you could...
[49:25.520 --> 49:29.520]  Bar grievance against the district attorney for...
[49:29.520 --> 49:31.520]  Oh, yes.
[49:31.520 --> 49:33.520]  Okay.
[49:33.520 --> 49:37.520]  You should bar grieve him quick, bar grieve him awesome.
[49:37.520 --> 49:39.520]  Okay.
[49:39.520 --> 49:47.520]  Opportunity, bar grieve him even if you don't have an opportunity.
[49:47.520 --> 49:49.520]  All right.
[49:49.520 --> 49:55.520]  Okay, Brett, you're back there chuckling. Brett, tell him why you're chuckling.
[49:55.520 --> 50:01.520]  Well, I just, I've seen it to be very effective when lawyers get bar grieved.
[50:01.520 --> 50:05.520]  They either snap to and do what they're supposed to do.
[50:05.520 --> 50:11.520]  Unfortunately, that's the smaller percentage. But then usually what happens is they disappear.
[50:11.520 --> 50:17.520]  Oof, gone. And some different lawyer appears in their place.
[50:17.520 --> 50:27.520]  Randy tells us that the new lawyer is much more highly paid and whoever's bringing the replacement lawyer in...
[50:27.520 --> 50:37.520]  The replacement lawyer already knows that the previous lawyer was bar grieved and so he costs more.
[50:37.520 --> 50:47.520]  One other thing, I had sent him a registered letter way back when and when I went to the county, I mean to the courthouse,
[50:47.520 --> 50:52.520]  there was no copy of the letter in the file, which I thought was...
[50:52.520 --> 50:53.520]  Whoa.
[50:53.520 --> 50:57.520]  You should be in there.
[50:57.520 --> 51:01.520]  What you should have thought, you should have thought that was tampering with a government document.
[51:01.520 --> 51:09.520]  Well, okay. That's what I did think. That's why I brought it up.
[51:09.520 --> 51:15.520]  Did you file a tampering complaint with the clerk?
[51:15.520 --> 51:17.520]  No.
[51:17.520 --> 51:27.520]  I stated to the clerk, oh my goodness, I sent this certified letter to the court, but that letter is not in the record.
[51:27.520 --> 51:32.520]  And then the clerk will do this song and dance and salsa down your pants.
[51:32.520 --> 51:37.520]  Or you could just file criminal charges against her.
[51:37.520 --> 51:41.520]  But see, we got this rule.
[51:41.520 --> 51:46.520]  And the rule says never give fair warning.
[51:46.520 --> 51:49.520]  Fair warning for chumps.
[51:49.520 --> 51:58.520]  If they violate a law, if they do something wrong, the court presumes that they know full well they did it wrong.
[51:58.520 --> 52:13.520]  In Scrooge v. U.S., if a public official violates a ruling of this court and he be sane, he may not be heard to say he knows not what he does.
[52:13.520 --> 52:18.520]  So you might say that they're screwed.
[52:18.520 --> 52:26.520]  So you have no duty to train your public officials.
[52:26.520 --> 52:29.520]  You pay people to do that.
[52:29.520 --> 52:35.520]  You are the master. They are the servants. You expect them to be trained.
[52:35.520 --> 52:42.520]  Now, what the courts have said is that they haven't said this for other public officials, but they said it for policemen.
[52:42.520 --> 52:49.520]  Policemen do not have to know the laws they enforce.
[52:49.520 --> 52:51.520]  They actually said that.
[52:51.520 --> 52:55.520]  They're not expected to know all the laws.
[52:55.520 --> 52:58.520]  Now, that sounds absurd.
[52:58.520 --> 53:10.520]  However, there are other rulings that say if you break one of them, you can't claim you didn't know it.
[53:10.520 --> 53:14.520]  So we take it from the other side.
[53:14.520 --> 53:19.520]  You didn't know the law and you broke it.
[53:19.520 --> 53:24.520]  So you can come to the court and say, oh my goodness, I didn't know that was a crime.
[53:24.520 --> 53:29.520]  Sorry, Bubba. Life is tough.
[53:29.520 --> 53:39.520]  So we want to set our officials up to violate law and giving them fair warning is not going to be conducive to setting them up.
[53:39.520 --> 53:52.520]  And besides, if you try to give fair warning, they will always treat fair warning as you being agitated.
[53:52.520 --> 53:58.520]  When you give fair warning, they will take it as a threat and then accuse you of being agitated.
[53:58.520 --> 54:04.520]  And once they accuse you of being agitated, then you they've pretty well poisoned you well.
[54:04.520 --> 54:12.520]  So what I like to do is get them agitated and accuse them of being agitated.
[54:12.520 --> 54:17.520]  And a great way to do that is set them up.
[54:17.520 --> 54:20.520]  Arlington, Texas, I asked to see some records.
[54:20.520 --> 54:22.520]  I asked several records.
[54:22.520 --> 54:23.520]  She said, are you an attorney?
[54:23.520 --> 54:24.520]  Oh, no.
[54:24.520 --> 54:27.520]  I sleep well at night and keep my hands in my own pockets.
[54:27.520 --> 54:28.520]  Thank you very much.
[54:28.520 --> 54:30.520]  Well, usually accused.
[54:30.520 --> 54:31.520]  Oh, no, no, I'm a good guy.
[54:31.520 --> 54:33.520]  I never break his laws.
[54:33.520 --> 54:38.520]  Well, if you're not the accused of the lawyer, you can't see these.
[54:38.520 --> 54:41.520]  Oh, my, you shouldn't have said that.
[54:41.520 --> 54:47.520]  And I called over the bailiff and asked the bailiff to arrest her.
[54:47.520 --> 54:49.520]  I didn't tell her what my rights are.
[54:49.520 --> 54:52.520]  She's supposed to know she's one of these records.
[54:52.520 --> 54:55.520]  I'm not here to train her.
[54:55.520 --> 54:59.520]  So I didn't owe her fair warning.
[54:59.520 --> 55:05.520]  And when the bailiff refused to arrest her, I called 911 and asked for somebody to arrest
[55:05.520 --> 55:07.520]  both of them.
[55:07.520 --> 55:12.520]  If you have not done that, Robert, you have not lived.
[55:12.520 --> 55:15.520]  That is so much fun.
[55:15.520 --> 55:18.520]  You get to see this little chicken dance.
[55:18.520 --> 55:19.520]  Yeah.
[55:19.520 --> 55:23.520]  The nine breasts.
[55:23.520 --> 55:27.520]  Have you seen that, Brett?
[55:27.520 --> 55:31.520]  We're talking about the chicken dance where one of them doesn't want to get the other
[55:31.520 --> 55:35.520]  one in trouble and they can't figure out how to save face.
[55:35.520 --> 55:36.520]  Yeah.
[55:36.520 --> 55:39.520]  And they tend to shift from one foot to the other.
[55:39.520 --> 55:47.520]  Well, Mr. Carlson, I can't arrest my buddy over here for blah, blah, blah.
[55:47.520 --> 55:52.520]  Then you give that one the fair warning you would have given to the clerk.
[55:52.520 --> 55:54.520]  See, here's the law.
[55:54.520 --> 55:56.520]  Here's what it says she must do.
[55:56.520 --> 56:01.520]  Here's the law that says if she fails to do what she's required to do, that makes it
[56:01.520 --> 56:03.520]  a criminal act.
[56:03.520 --> 56:05.520]  So arrest her.
[56:05.520 --> 56:07.520]  And you get to see this little dance.
[56:07.520 --> 56:10.520]  Now he's going to refuse to arrest her.
[56:10.520 --> 56:17.520]  And then you get to say to him or her, well, life is filled with little decisions.
[56:17.520 --> 56:19.520]  We all get to make some.
[56:19.520 --> 56:21.520]  Your turn.
[56:21.520 --> 56:27.520]  Are you going to perform your duty as prescribed by in Texas, I would say, Article 2.13 Code
[56:27.520 --> 56:29.520]  of Criminal Procedure?
[56:29.520 --> 56:35.520]  Or are you going to seal this person from prosecution in violation of 3805 Penal Code?
[56:35.520 --> 56:38.520]  And that one's a felony.
[56:38.520 --> 56:42.520]  So decide.
[56:42.520 --> 56:44.520]  Sound like fun, Robert?
[56:44.520 --> 56:47.520]  Yeah, it sounds like a lot of fun.
[56:47.520 --> 56:48.520]  I'll let you go.
[56:48.520 --> 56:51.520]  I have other callers and I'll keep you up to date.
[56:51.520 --> 56:52.520]  Okay.
[56:52.520 --> 56:54.520]  And when you do this kind of thing.
[56:54.520 --> 56:56.520]  I don't really know what that is.
[56:56.520 --> 57:03.520]  When you call 911, you become a protected class.
[57:03.520 --> 57:08.520]  You have the same immunity and protections that the judge has.
[57:08.520 --> 57:13.520]  You really put them on a sticky dime.
[57:13.520 --> 57:19.520]  They say or even imply something that you can in any way take as a threat.
[57:19.520 --> 57:21.520]  You call 911.
[57:21.520 --> 57:27.520]  Again, I did that three times in the 4th Courthouse one time.
[57:27.520 --> 57:29.520]  Oh, that was so much fun.
[57:29.520 --> 57:30.520]  Okay.
[57:30.520 --> 57:31.520]  Thank you, Robert.
[57:31.520 --> 57:32.520]  Keep us...
[57:32.520 --> 57:34.520]  It's not about filing a criminal complaint.
[57:34.520 --> 57:37.520]  Oh, that's a piece of cake.
[57:37.520 --> 57:43.520]  And I have, for Texas, I have criminal complaint forms.
[57:43.520 --> 57:47.520]  They're easy enough to find in most any state.
[57:47.520 --> 57:48.520]  Okay.
[57:48.520 --> 57:54.520]  They have a basic form and it's always nice to have one made out already.
[57:54.520 --> 57:55.520]  Okay.
[57:55.520 --> 57:57.520]  You kind of know what they're going to do.
[57:57.520 --> 58:01.520]  So you make up a criminal complaint as if they had already done it.
[58:01.520 --> 58:03.520]  And then when they do it, you call 911.
[58:03.520 --> 58:07.520]  When 911 guy gets there, you take out the complaint, put their name on it,
[58:07.520 --> 58:10.520]  put the date on it and hand it to it.
[58:10.520 --> 58:14.520]  And they're going to say, that scoundrel sent me up for that.
[58:14.520 --> 58:16.520]  As a matter of fact, we did.
[58:16.520 --> 58:17.520]  Hang on.
[58:17.520 --> 58:19.520]  About to go to break.
[58:19.520 --> 58:20.520]  All right.
[58:20.520 --> 58:21.520]  There we go.
[58:21.520 --> 58:22.520]  Oh, no, wait.
[58:22.520 --> 58:23.520]  I got a little more.
[58:23.520 --> 58:24.520]  Okay.
[58:24.520 --> 58:25.520]  Thank you, Robert.
[58:25.520 --> 58:26.520]  Keep us up to date.
[58:26.520 --> 58:27.520]  All right.
[58:27.520 --> 58:28.520]  I definitely want to hear how this goes.
[58:28.520 --> 58:31.520]  This could be a lot of fun.
[58:31.520 --> 58:38.520]  Randy Kalkin, Brett Stouton, Rube Law Radio, a call in number 512-646-1984.
[58:38.520 --> 58:41.520]  We'll be right back.
[58:41.520 --> 58:50.520]  I know I'm going out a little early, but about timing's off today.
[58:50.520 --> 58:53.520]  The Bible remains the most popular book in the world.
[58:53.520 --> 58:58.520]  Yet countless readers are frustrated because they struggle to understand it.
[58:58.520 --> 59:01.520]  Some new translations try to help by simplifying the text,
[59:01.520 --> 59:06.520]  but in the process can compromise the profound meaning of the Scripture.
[59:06.520 --> 59:08.520]  Enter the recovery version.
[59:08.520 --> 59:13.520]  First, this new translation is extremely faithful and accurate,
[59:13.520 --> 59:17.520]  but the real story is the more than 9,000 explanatory footnotes.
[59:17.520 --> 59:22.520]  Difficult and profound passages are opened up in a marvelous way,
[59:22.520 --> 59:27.520]  providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:27.520 --> 59:32.520]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:32.520 --> 59:43.520]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:43.520 --> 59:47.520]  or by ordering online at freestudybible.com.
[59:47.520 --> 59:50.520]  That's freestudybible.com.
[59:50.520 --> 59:59.520]  You're listening to the Logos Radio Network at www.logosradionetwork.com
[59:59.520 --> 01:00:05.520]  The following news flash is brought to you by The Lowest Star Lowdown.
[01:00:05.520 --> 01:00:12.520]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[01:00:12.520 --> 01:00:17.520]  silver $16.45 an ounce, copper $2.75 an ounce,
[01:00:17.520 --> 01:00:23.520]  oil Texas Crude $55.63 a barrel, Brent Crude $62.47 a barrel,
[01:00:23.520 --> 01:00:28.520]  and cryptos in order of market cap, Bitcoin Core $10,566.52,
[01:00:28.520 --> 01:00:34.520]  Ethereum $227.26, XRP Ripple $0.33,
[01:00:34.520 --> 01:00:41.520]  Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:41.520 --> 01:00:50.520]  In history, the year 1916, the preparedness day bombing,
[01:00:50.520 --> 01:00:54.520]  a tying suitcase bomb was detonated on Market Street in San Francisco
[01:00:54.520 --> 01:00:59.520]  during the World War I preparedness day parade, killing 10 and injuring 40.
[01:00:59.520 --> 01:01:00.520]  Today in history.
[01:01:00.520 --> 01:01:08.520]  And recent news, since Governor Greg Abbott signed House Bill 1325,
[01:01:08.520 --> 01:01:12.520]  legalizing Hepin of Texas law back in June, county prosecutors around the state,
[01:01:12.520 --> 01:01:16.520]  including Houston, Austin, and San Antonio, have been dropping marijuana possession charges,
[01:01:16.520 --> 01:01:21.520]  and even refusing to file new ones, since they are stipulating that they do not have the time
[01:01:21.520 --> 01:01:24.520]  or the laboratory equipment to test the herb for THC.
[01:01:24.520 --> 01:01:28.520]  Margaret Moore, the Travis County District Attorney, announced earlier this month
[01:01:28.520 --> 01:01:33.520]  that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.520 --> 01:01:36.520]  Mr. Abbott and other state officials, including the Attorney General,
[01:01:36.520 --> 01:01:39.520]  stipulated in a letter to county district attorneys back on Thursday
[01:01:39.520 --> 01:01:42.520]  that marijuana has not been decriminalized in Texas,
[01:01:42.520 --> 01:01:47.520]  and that these actions demonstrate a misunderstanding of how HB 1325 works,
[01:01:47.520 --> 01:01:51.520]  as well as other cities, too, like the district attorney in El Paso,
[01:01:51.520 --> 01:01:56.520]  Kyma Esparza, a Democrat who also stated earlier this month that the law,
[01:01:56.520 --> 01:02:01.520]  quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.520 --> 01:02:04.520]  However, the issue was succinctly summarized by Mr. Brandon Ball,
[01:02:04.520 --> 01:02:08.520]  an assistant public defender in Harris County, who stated that, quote,
[01:02:08.520 --> 01:02:12.520]  the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:12.520 --> 01:02:15.520]  It's important that if someone is charged with something,
[01:02:15.520 --> 01:02:18.520]  the test matches what they're charged with.
[01:02:22.520 --> 01:02:26.520]  A paper by Tulane University identified a five-and-a-half inch American pocket shark.
[01:02:26.520 --> 01:02:29.520]  As the first of its kind in the Gulf of Mexico,
[01:02:29.520 --> 01:02:34.520]  the specimen being only the second pocket shark ever captured or recorded
[01:02:34.520 --> 01:02:38.520]  with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.520 --> 01:02:42.520]  According to the university paper, the shark secretes a luminous fluid
[01:02:42.520 --> 01:02:48.520]  from a gland near its front fins for the purposes hypothesized to lure and prey
[01:02:48.520 --> 01:02:50.520]  who may be drawn into the glow.
[01:02:50.520 --> 01:02:57.520]  This is Rook Roadie with your lowdown for July 22, 2019.
[01:03:20.520 --> 01:03:29.520]  Okay, we are back.
[01:03:29.520 --> 01:03:32.520]  Randy Kelton's wet mountain rule of law radio.
[01:03:32.520 --> 01:03:36.520]  And we're going to Neil in Pennsylvania.
[01:03:36.520 --> 01:03:38.520]  Hello, Neil.
[01:03:38.520 --> 01:03:42.520]  What do you have for us today?
[01:03:42.520 --> 01:03:44.520]  Hi, can you hear me?
[01:03:44.520 --> 01:03:46.520]  Yes, we can hear you.
[01:03:46.520 --> 01:03:48.520]  All right, how are you doing, Mr. Kelton?
[01:03:48.520 --> 01:03:51.520]  I'm doing real good.
[01:03:51.520 --> 01:03:56.520]  I got back from Austin, and if you ever go to Austin during the winter,
[01:03:56.520 --> 01:04:00.520]  they have juniper, juniper trees.
[01:04:00.520 --> 01:04:07.520]  It's like a cross between a pine tree and a cedar tree, and they just shed pollen.
[01:04:07.520 --> 01:04:10.520]  They kicked my behind.
[01:04:10.520 --> 01:04:14.520]  I stopped coughing when I got to Waco.
[01:04:14.520 --> 01:04:18.520]  Oh, man.
[01:04:18.520 --> 01:04:19.520]  Thank you.
[01:04:19.520 --> 01:04:28.520]  I got my significant other got a student loan from a private company called
[01:04:28.520 --> 01:04:32.520]  Fed Loan Services, but they're not federal.
[01:04:32.520 --> 01:04:35.520]  That's just their name.
[01:04:35.520 --> 01:04:39.520]  A speeding warrant?
[01:04:39.520 --> 01:04:43.520]  No, a student loaner.
[01:04:43.520 --> 01:04:45.520]  A student loan?
[01:04:45.520 --> 01:04:46.520]  Oh, I'm sorry.
[01:04:46.520 --> 01:04:48.520]  I'm having trouble hearing that.
[01:04:48.520 --> 01:04:50.520]  Student loan.
[01:04:50.520 --> 01:04:52.520]  Okay.
[01:04:52.520 --> 01:04:53.520]  And then it's just a loan.
[01:04:53.520 --> 01:04:55.520]  It just happens to be a student.
[01:04:55.520 --> 01:04:57.520]  Okay.
[01:04:57.520 --> 01:04:58.520]  Right.
[01:04:58.520 --> 01:05:07.520]  And we just got a letter the other day from the Department of Education saying
[01:05:07.520 --> 01:05:13.520]  we're going to garnish her wages 15%.
[01:05:13.520 --> 01:05:21.520]  And I guess Fed Loan sold it to a company in Maryland.
[01:05:21.520 --> 01:05:31.520]  On the credits report, it says zero balance from Fed Loan.
[01:05:31.520 --> 01:05:39.520]  Okay, first thing to do is go to LogosRadioNetwork.com.
[01:05:39.520 --> 01:05:46.520]  There's a blue banner on there for Michael Mirris.
[01:05:46.520 --> 01:05:49.520]  I already bought it and emailed him.
[01:05:49.520 --> 01:05:50.520]  Oh, okay.
[01:05:50.520 --> 01:05:57.520]  Have you checked to see if they have pulled your credit?
[01:05:57.520 --> 01:06:00.520]  Pulled my credit?
[01:06:00.520 --> 01:06:08.520]  Yeah, you can go do a credit check and they'll tell you if there's been a hard pull on your credit.
[01:06:08.520 --> 01:06:09.520]  Okay.
[01:06:09.520 --> 01:06:21.520]  That, once that an entity has started collections, a hard pull on your credit is a felony.
[01:06:21.520 --> 01:06:22.520]  Okay.
[01:06:22.520 --> 01:06:24.520]  They do it all the time.
[01:06:24.520 --> 01:06:28.520]  Almost nobody knows that.
[01:06:28.520 --> 01:06:34.520]  I have a friend, $30,000 on a credit card for a husband.
[01:06:34.520 --> 01:06:44.520]  And because she was the wife, they deemed her, they came after her and they did a hard pull on her credit.
[01:06:44.520 --> 01:06:52.520]  They paid her six grand and retired the debt on the credit card to get her to stop going after them.
[01:06:52.520 --> 01:06:54.520]  So look for that.
[01:06:54.520 --> 01:06:55.520]  Oh.
[01:06:55.520 --> 01:06:57.520]  Well, let me ask you this.
[01:06:57.520 --> 01:07:08.520]  Michael Mirris, and he said his stuff doesn't work for student loans because of the government.
[01:07:08.520 --> 01:07:11.520]  Like, it doesn't work on the government.
[01:07:11.520 --> 01:07:12.520]  Okay.
[01:07:12.520 --> 01:07:19.520]  Was it a federally insured student loan?
[01:07:19.520 --> 01:07:28.520]  I'm not, we're not sure when she signed up, she thought it was just through a private company.
[01:07:28.520 --> 01:07:37.520]  And then when they sold it, the Department of Education came out of nowhere.
[01:07:37.520 --> 01:07:41.520]  That's why I'm really confused at.
[01:07:41.520 --> 01:07:42.520]  Okay.
[01:07:42.520 --> 01:07:57.520]  And it will be that this company gave the loan because it was guaranteed by the government under a student loan program.
[01:07:57.520 --> 01:08:01.520]  And that would involve the government.
[01:08:01.520 --> 01:08:04.520]  Okay.
[01:08:04.520 --> 01:08:05.520]  All right.
[01:08:05.520 --> 01:08:14.520]  However, you know, Michael Mirris, he's real good with what he does, but he lives in a different place than we do.
[01:08:14.520 --> 01:08:19.520]  We understand something about the courts.
[01:08:19.520 --> 01:08:28.520]  If you tried to sue me for anything, I'd keep you in court until we both get old.
[01:08:28.520 --> 01:08:32.520]  I'll bankrupt you with attorney fees.
[01:08:32.520 --> 01:08:39.520]  What you might be able to do is use some of our techniques to take this fight back to them.
[01:08:39.520 --> 01:08:55.520]  Have this company who claimed that you owed this student loan, did you wife ever enter into an agreement with this company?
[01:08:55.520 --> 01:08:56.520]  Which company?
[01:08:56.520 --> 01:08:57.520]  The Fed loan?
[01:08:57.520 --> 01:08:58.520]  Yes.
[01:08:58.520 --> 01:09:01.520]  The company that sold it to out of Maryland?
[01:09:01.520 --> 01:09:02.520]  Well, yeah.
[01:09:02.520 --> 01:09:06.520]  So who are you guys?
[01:09:06.520 --> 01:09:14.520]  I never entered into a contract with you, never entered into a contract with your alleged principal.
[01:09:14.520 --> 01:09:18.520]  The first thing you ask them to do is prove up their claim.
[01:09:18.520 --> 01:09:27.520]  And then when they prove up their claim, you object to their claim and you start costing them a lot of money.
[01:09:27.520 --> 01:09:28.520]  Okay.
[01:09:28.520 --> 01:09:31.520]  You'd have to look at what they're doing.
[01:09:31.520 --> 01:09:38.520]  They never do things right when they start collecting for debt.
[01:09:38.520 --> 01:09:54.520]  If it is guaranteed by the government, what Michael Meers is saying is that the FDCPA and the other government protections don't apply.
[01:09:54.520 --> 01:10:00.520]  However, the rules of civil procedure still do apply.
[01:10:00.520 --> 01:10:06.520]  And if they violate any rule of procedure, they denied you due process and gives you a claim against them.
[01:10:06.520 --> 01:10:12.520]  You will never win the case straight up.
[01:10:12.520 --> 01:10:20.520]  But what we say here is you'll never win your case simply because you have the law and the facts on your side.
[01:10:20.520 --> 01:10:23.520]  To think so is naive.
[01:10:23.520 --> 01:10:25.520]  It's not that way now.
[01:10:25.520 --> 01:10:30.520]  Never has been that way since we've had human beings for judges.
[01:10:30.520 --> 01:10:38.520]  You win your case if you have the politics on your side and all politics is local.
[01:10:38.520 --> 01:10:42.520]  So great little local politics.
[01:10:42.520 --> 01:10:48.520]  The first thing you want to do is start costing the other side a lot of money.
[01:10:48.520 --> 01:10:53.520]  Have you received any letters from any lawyers?
[01:10:53.520 --> 01:10:55.520]  No.
[01:10:55.520 --> 01:11:03.520]  Well, once you file an objection and you oppose the collection, you will receive letters from lawyers.
[01:11:03.520 --> 01:11:10.520]  And every time you receive a letter from a lawyer, file a bar grievance against him.
[01:11:10.520 --> 01:11:12.520]  Okay.
[01:11:12.520 --> 01:11:21.520]  If you file an invalid bar grievance against a lawyer, the state bar is going to get that grievance and they're going to throw it in the trash.
[01:11:21.520 --> 01:11:32.520]  If you file a perfectly justified bar grievance against a lawyer, the state bar is going to get that grievance and they're going to throw it in the trash.
[01:11:32.520 --> 01:11:35.520]  And that's a good thing.
[01:11:35.520 --> 01:11:39.520]  Because their insurance carrier knows to throw it in the trash.
[01:11:39.520 --> 01:11:42.520]  How do they gauge their level of risk?
[01:11:42.520 --> 01:11:44.520]  By filing bar grievances?
[01:11:44.520 --> 01:11:46.520]  That's all in the trash.
[01:11:46.520 --> 01:11:48.520]  By the numbers.
[01:11:48.520 --> 01:11:53.520]  First bar grievance, your first year of practice, they cancel immediately.
[01:11:53.520 --> 01:11:58.520]  Two bar grievances, any one year of practice, if you've been practicing for 20 years, they cancel.
[01:11:58.520 --> 01:12:01.520]  Three, they cancel your law firms from your practice insurance.
[01:12:01.520 --> 01:12:08.520]  Now, Neil, that is patently unfair.
[01:12:08.520 --> 01:12:11.520]  Bad life is tough. Deal with it, guys.
[01:12:11.520 --> 01:12:21.520]  What is going to happen when you bar grieve that lawyer is like...
[01:12:21.520 --> 01:12:25.520]  I blanked out there for a minute.
[01:12:25.520 --> 01:12:35.520]  When you bar grieve that lawyer, you're going to get another lawyer.
[01:12:35.520 --> 01:12:40.520]  When you start with saying this earlier, they bar grieve him and then they go away and they get another one.
[01:12:40.520 --> 01:12:50.520]  And especially when it's a civil matter like this where they're trying to collect, you hammer that lawyer and you've just doubled his malpractice insurance.
[01:12:50.520 --> 01:12:52.520]  That's big money.
[01:12:52.520 --> 01:12:55.520]  He's going to be unhappy and he's going to be out of here.
[01:12:55.520 --> 01:13:02.520]  They're going to have to get another lawyer and the other lawyer's going to know why the first one left and he's going to charge more money.
[01:13:02.520 --> 01:13:04.520]  And you bar grieve him.
[01:13:04.520 --> 01:13:10.520]  I had one guy, a lawyer, sent me a letter and I bar grieved him.
[01:13:10.520 --> 01:13:15.520]  And he sent me a second letter and I bar grieved all the partners of his law firm.
[01:13:15.520 --> 01:13:21.520]  And they didn't ever answer me, nobody ever sent me another letter.
[01:13:21.520 --> 01:13:23.520]  It just all disappeared.
[01:13:23.520 --> 01:13:26.520]  Funny how that works.
[01:13:26.520 --> 01:13:31.520]  What I'm talking about here are the same kind of dirty tricks they pulled on you.
[01:13:31.520 --> 01:13:44.520]  Once you've begun to hammer them, at some point you want to hire a lawyer and tell the lawyer, I do not want you to adjudicate my case.
[01:13:44.520 --> 01:13:48.520]  All I want you to do is make a deal.
[01:13:48.520 --> 01:13:53.520]  Then, you know, if they have sued you, then you get into court.
[01:13:53.520 --> 01:14:00.520]  Then you ask the court, you file a motion with the court and ask the court to order mediation.
[01:14:00.520 --> 01:14:06.520]  And then you hire a lawyer to come in and they won't mediate with you.
[01:14:06.520 --> 01:14:09.520]  They won't make a deal with you.
[01:14:09.520 --> 01:14:13.520]  But if you bring in a lawyer, they'll make a deal with a lawyer.
[01:14:13.520 --> 01:14:28.520]  They'll either cut your, the claim so low that you can't pass it up or they'll make a deal for the whole thing to go away.
[01:14:28.520 --> 01:14:30.520]  That sounds interesting.
[01:14:30.520 --> 01:14:33.520]  You said it was, yeah, that's amazing.
[01:14:33.520 --> 01:14:37.520]  Okay, Neil, Neil, are you a jerk?
[01:14:37.520 --> 01:14:43.520]  Yeah, sometimes.
[01:14:43.520 --> 01:14:47.520]  No good rotten scandal.
[01:14:47.520 --> 01:14:51.520]  The lawyers will recognize that they do that all the time.
[01:14:51.520 --> 01:14:58.520]  And just beat them up as much as possible. When the judge renders a ruling you don't like, followed you to the court to complain against him.
[01:14:58.520 --> 01:15:01.520]  You don't care what that judge rules.
[01:15:01.520 --> 01:15:07.520]  You can be sure that judge is going to rule against you out of hand at every turn.
[01:15:07.520 --> 01:15:09.520]  Maybe he won't.
[01:15:09.520 --> 01:15:12.520]  But that would be the exception.
[01:15:12.520 --> 01:15:14.520]  But if he does, you don't care.
[01:15:14.520 --> 01:15:20.520]  The only purpose is to set the record for appeal anyway.
[01:15:20.520 --> 01:15:23.520]  So you don't care what he does. You don't care if he's upset at you.
[01:15:23.520 --> 01:15:31.520]  If he's really upset at you, he's likely to do something stupid that'll get him overturned on appeal.
[01:15:31.520 --> 01:15:36.520]  But you don't want to get there. You just want to beat him up as much as possible.
[01:15:36.520 --> 01:15:40.520]  Ask the court or the mediation or ask them to mediate.
[01:15:40.520 --> 01:15:44.520]  They may have a mediation clause in your contract.
[01:15:44.520 --> 01:15:48.520]  And then you bring in a lawyer to do the mediation.
[01:15:48.520 --> 01:15:52.520]  Or you might want to try mediation first.
[01:15:52.520 --> 01:15:56.520]  Say, hey guys, I don't agree with this.
[01:15:56.520 --> 01:16:02.520]  But if you'll make me a deal I can't pass up, then we won't have a fight.
[01:16:02.520 --> 01:16:04.520]  You might be surprised what they'll offer you.
[01:16:04.520 --> 01:16:08.520]  Because if they think you're going to fight them, they know it's going to cost them a lot of money.
[01:16:08.520 --> 01:16:10.520]  They may make you a deal.
[01:16:10.520 --> 01:16:14.520]  You won't have to have the fight to start with.
[01:16:14.520 --> 01:16:15.520]  Okay.
[01:16:15.520 --> 01:16:17.520]  Two questions here on that.
[01:16:17.520 --> 01:16:21.520]  You said it's a felony to hard-pull your credit.
[01:16:21.520 --> 01:16:22.520]  Yes.
[01:16:22.520 --> 01:16:24.520]  That's called?
[01:16:24.520 --> 01:16:27.520]  No, it's called a hard-pull.
[01:16:27.520 --> 01:16:33.520]  But, oh, I think that would apply whether the government's involved or not.
[01:16:33.520 --> 01:16:35.520]  It's actually called a hard-pull.
[01:16:35.520 --> 01:16:38.520]  You will see it in your credit report.
[01:16:38.520 --> 01:16:40.520]  But hang on with the next question.
[01:16:40.520 --> 01:16:42.520]  We're about to go to our sponsors.
[01:16:42.520 --> 01:16:46.520]  This is Randy Kelton, Brett Fountain, Lula Blah Radio.
[01:16:46.520 --> 01:16:50.520]  Call it number 512-646-1984.
[01:16:50.520 --> 01:16:52.520]  John, Tim, I see you there.
[01:16:52.520 --> 01:16:54.520]  We'll get to both of you.
[01:16:54.520 --> 01:17:20.520]  We'll be right back.
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[01:19:25.520 --> 01:19:30.520]  Well,
[01:19:30.520 --> 01:19:36.520]  Ain't gonna fool me with that same old trick again.
[01:19:36.520 --> 01:19:41.520]  I was blindsided, but now I can see your mind.
[01:19:41.520 --> 01:19:46.520]  You put the fear in my pockets, took the money from my head.
[01:19:46.520 --> 01:19:54.520]  Ain't gonna fool me with that same old trick again.
[01:19:54.520 --> 01:20:01.520]  Ain't gonna fool me with that same old trick again.
[01:20:01.520 --> 01:20:02.520]  Okay, we are back.
[01:20:02.520 --> 01:20:04.520]  Randy Kelton, Brett Fountain.
[01:20:04.520 --> 01:20:05.520]  We live on radio.
[01:20:05.520 --> 01:20:07.520]  We're talking to Neil in Pennsylvania.
[01:20:07.520 --> 01:20:12.520]  And you had one more question for us, Neil.
[01:20:12.520 --> 01:20:17.520]  Oh, I guess you could ask the question better if I unmute your mic.
[01:20:17.520 --> 01:20:20.520]  Now, try it, Neil.
[01:20:20.520 --> 01:20:27.520]  Okay, I've dealt with ones before, and these loan companies have wrote in the paperwork
[01:20:27.520 --> 01:20:38.520]  that, like, I have to pay for the attorney fees, or they write it in their lawsuit.
[01:20:38.520 --> 01:20:43.520]  Is that possible, or are they just blowing smoke?
[01:20:43.520 --> 01:20:45.520]  Blowing smoke.
[01:20:45.520 --> 01:20:49.520]  They're just hoping they can collect something.
[01:20:49.520 --> 01:20:51.520]  Somebody starts fighting back against them.
[01:20:51.520 --> 01:20:56.520]  The first time you bar-greed them, you got their attention.
[01:20:56.520 --> 01:21:06.520]  Even just to file a written response, make sure you respond to every letter they send you,
[01:21:06.520 --> 01:21:10.520]  and oppose it.
[01:21:10.520 --> 01:21:14.520]  Let them know you're gonna fight them.
[01:21:14.520 --> 01:21:25.520]  You may want to, if it, I mean, I suspect, excuse me, since this is a student loan,
[01:21:25.520 --> 01:21:28.520]  this is probably a considerable amount of my money.
[01:21:28.520 --> 01:21:33.520]  So it's enough to warrant filing a federal suit against them.
[01:21:33.520 --> 01:21:41.520]  A federal suit costs you between $3 and $500, depending on where you're at.
[01:21:41.520 --> 01:21:48.520]  You file a federal suit, or maybe even consider a petition to collect or a judgment.
[01:21:48.520 --> 01:21:53.520]  Once you jerk them into court, now they're counting dollars.
[01:21:53.520 --> 01:21:56.520]  This is gonna cost us a lot of money.
[01:21:56.520 --> 01:22:02.520]  Then you go to them and say, guys, you know, we can have this long court battle here,
[01:22:02.520 --> 01:22:07.520]  because I know the judge is gonna rule against me out of hand at every turn,
[01:22:07.520 --> 01:22:12.520]  but I don't care. I'm just here to set the record for appeal,
[01:22:12.520 --> 01:22:16.520]  and when the judge rules against me, we're gonna go to the appellate court,
[01:22:16.520 --> 01:22:23.520]  and then we'll do a petition, a cert to the Supreme,
[01:22:23.520 --> 01:22:27.520]  and that's gonna take, oh, three to five years.
[01:22:27.520 --> 01:22:34.520]  Would you rather make me an offer that I can't pass up,
[01:22:34.520 --> 01:22:41.520]  and we'll just make a deal and I'll go home?
[01:22:41.520 --> 01:22:45.520]  If they say no, bar grieve them.
[01:22:45.520 --> 01:22:48.520]  And then ask them again, send them a letter.
[01:22:48.520 --> 01:22:50.520]  Send them letters.
[01:22:50.520 --> 01:22:54.520]  If you speak to them, make sure it's recorded.
[01:22:54.520 --> 01:22:58.520]  It's better that you send them a letter and ask them not to call you,
[01:22:58.520 --> 01:23:02.520]  make all communications in right.
[01:23:02.520 --> 01:23:08.520]  Email's okay, because email, you know they got it,
[01:23:08.520 --> 01:23:11.520]  and it's immutable.
[01:23:11.520 --> 01:23:14.520]  You got a hard copy.
[01:23:14.520 --> 01:23:18.520]  Is $1,000 a call applicable in this situation?
[01:23:18.520 --> 01:23:25.520]  No, no, that's part of the FTCPA that doesn't apply.
[01:23:25.520 --> 01:23:27.520]  It doesn't apply in FTCPA.
[01:23:27.520 --> 01:23:31.520]  It may apply in a civil suit.
[01:23:31.520 --> 01:23:36.520]  If they call you once you have asked them not to,
[01:23:36.520 --> 01:23:42.520]  then finally really, then bar grieve, let's see,
[01:23:42.520 --> 01:23:48.520]  let's see, if they haven't sued yet, then send them a bill.
[01:23:48.520 --> 01:23:53.520]  This is what we were talking about earlier, about Brett sending a bill to the court.
[01:23:53.520 --> 01:23:56.520]  Send a bill to them.
[01:23:56.520 --> 01:23:59.520]  Fill them for $1,000.
[01:23:59.520 --> 01:24:03.520]  They either pay it or they oppose it.
[01:24:03.520 --> 01:24:12.520]  And if they oppose it, they have to sue to get that claim against them denied.
[01:24:12.520 --> 01:24:16.520]  It's the same thing to them they're doing to you.
[01:24:16.520 --> 01:24:18.520]  Okay.
[01:24:18.520 --> 01:24:19.520]  All right.
[01:24:19.520 --> 01:24:20.520]  Thank you both.
[01:24:20.520 --> 01:24:22.520]  I really appreciate it.
[01:24:22.520 --> 01:24:23.520]  Okay.
[01:24:23.520 --> 01:24:28.520]  Keep us informed on how this goes.
[01:24:28.520 --> 01:24:29.520]  Awesome.
[01:24:29.520 --> 01:24:30.520]  Yeah.
[01:24:30.520 --> 01:24:31.520]  Thank you so much both of you for your time.
[01:24:31.520 --> 01:24:33.520]  I really appreciate it.
[01:24:33.520 --> 01:24:40.520]  And I especially love bar grieve, the whole attorney, the whole, you know what I'm saying?
[01:24:40.520 --> 01:24:41.520]  The rule is.
[01:24:41.520 --> 01:24:42.520]  All the partners.
[01:24:42.520 --> 01:24:46.520]  The rule is, yeah, partners, that was great.
[01:24:46.520 --> 01:24:47.520]  I like that.
[01:24:47.520 --> 01:24:53.520]  The rule is grieve quick, grieve awesome.
[01:24:53.520 --> 01:24:54.520]  Okay.
[01:24:54.520 --> 01:24:55.520]  Thank you, Neil.
[01:24:55.520 --> 01:24:58.520]  Okay. Now we're going to John in New York.
[01:24:58.520 --> 01:25:00.520]  Hello, John.
[01:25:00.520 --> 01:25:01.520]  Hello.
[01:25:01.520 --> 01:25:02.520]  Hi, Randy.
[01:25:02.520 --> 01:25:04.520]  How are you feeling?
[01:25:04.520 --> 01:25:06.520]  I don't want to talk about it.
[01:25:06.520 --> 01:25:07.520]  It's depressing.
[01:25:07.520 --> 01:25:08.520]  Okay.
[01:25:08.520 --> 01:25:09.520]  Actually, no, I'm feeling pretty good.
[01:25:09.520 --> 01:25:13.520]  I felt horrible in Austin.
[01:25:13.520 --> 01:25:18.520]  The only time I could breeze is if I took an antihistamine.
[01:25:18.520 --> 01:25:19.520]  Uh-huh.
[01:25:19.520 --> 01:25:20.520]  Well, it was really tough.
[01:25:20.520 --> 01:25:27.520]  I forgot that every time I go to Austin, it takes a week or two to acclimate to the cedar
[01:25:27.520 --> 01:25:28.520]  pollen.
[01:25:28.520 --> 01:25:29.520]  Right.
[01:25:29.520 --> 01:25:30.520]  They call it Austin Cedar.
[01:25:30.520 --> 01:25:32.520]  Austin's known for it.
[01:25:32.520 --> 01:25:33.520]  Right.
[01:25:33.520 --> 01:25:35.520]  So what do you have for us today?
[01:25:35.520 --> 01:25:38.520]  Well, later I can tell you, maybe I can help you by email.
[01:25:38.520 --> 01:25:44.520]  I helped one girl who had allergies for 40 years.
[01:25:44.520 --> 01:25:47.520]  And every time she'd cough, she'd hack up a lung.
[01:25:47.520 --> 01:25:50.520]  Now she doesn't have any allergies anymore.
[01:25:50.520 --> 01:25:53.520]  She did what I told her to do, and she's real happy.
[01:25:53.520 --> 01:25:55.520]  Allergies can be cured.
[01:25:55.520 --> 01:25:56.520]  You can do it yourself.
[01:25:56.520 --> 01:25:57.520]  Okay.
[01:25:57.520 --> 01:26:00.520]  I can help you with that by email if you'd like.
[01:26:00.520 --> 01:26:01.520]  Absolutely.
[01:26:01.520 --> 01:26:04.520]  If we have you, I did first.
[01:26:04.520 --> 01:26:05.520]  Okay.
[01:26:05.520 --> 01:26:09.520]  I've got another caller, so we don't have time today, but we might have time tomorrow.
[01:26:09.520 --> 01:26:12.520]  I think everybody else would like to hear that.
[01:26:12.520 --> 01:26:13.520]  Okay.
[01:26:13.520 --> 01:26:17.520]  I came up with it myself, and it's just common sense.
[01:26:17.520 --> 01:26:18.520]  All right.
[01:26:18.520 --> 01:26:19.520]  Here we go.
[01:26:19.520 --> 01:26:29.520]  In my county in New York, the GA proudly advertises a 98% DWI conviction rate.
[01:26:29.520 --> 01:26:35.520]  Now, you've got the reputation for turning most traffic tickets, if not all traffic
[01:26:35.520 --> 01:26:38.520]  tickets, into confetti.
[01:26:38.520 --> 01:26:40.520]  Now, can you do the same?
[01:26:40.520 --> 01:26:42.520]  I know it's more complex than it's probably.
[01:26:42.520 --> 01:26:44.520]  Oh, that's a lot more serious.
[01:26:44.520 --> 01:26:50.520]  But can you do the same to a DWI card, and how do you approach it?
[01:26:50.520 --> 01:26:54.520]  Well, unfortunately, yes.
[01:26:54.520 --> 01:27:02.520]  And I say, unfortunately, because I don't have a lot of sympathy for someone who will
[01:27:02.520 --> 01:27:05.520]  drink and then get in an automobile.
[01:27:05.520 --> 01:27:15.520]  I'm going to avoid Texas, and last week, the assistant high school principal killed a 59-year-old
[01:27:15.520 --> 01:27:19.520]  man while driving under the influence.
[01:27:19.520 --> 01:27:20.520]  Yeah.
[01:27:20.520 --> 01:27:22.520]  It was heartbreak.
[01:27:22.520 --> 01:27:23.520]  Okay.
[01:27:23.520 --> 01:27:32.520]  With that said, every step from a rest to trial as presently practiced in every state I've
[01:27:32.520 --> 01:27:42.520]  looked at is not only wrong, it is very specifically against particular law.
[01:27:42.520 --> 01:27:43.520]  Okay.
[01:27:43.520 --> 01:27:50.520]  The problem is getting a lawyer to adjudicate those issues.
[01:27:50.520 --> 01:27:52.520]  All right.
[01:27:52.520 --> 01:27:55.520]  Lawyers are essentially bought and paid for.
[01:27:55.520 --> 01:27:57.520]  I know they don't think they're bought and paid for.
[01:27:57.520 --> 01:28:01.520]  They think they're out there fighting for your rights and your liberty.
[01:28:01.520 --> 01:28:09.520]  They only fight for those rights and those liberties that the courts will allow them to
[01:28:09.520 --> 01:28:10.520]  fight for.
[01:28:10.520 --> 01:28:15.520]  If they fight for any other rights and liberties, the courts will sanction them into oblivion.
[01:28:15.520 --> 01:28:17.520]  Well, I know.
[01:28:17.520 --> 01:28:18.520]  I know.
[01:28:18.520 --> 01:28:27.520]  So, we can't believe the lawyers for this, but if this person pays attention and goes
[01:28:27.520 --> 01:28:38.520]  to jurisimprudence.website and clicks the top frog on the left, there is a habeas corpus
[01:28:38.520 --> 01:28:39.520]  there.
[01:28:39.520 --> 01:28:44.520]  Now, that habeas corpus has nothing to do with DUI.
[01:28:44.520 --> 01:28:49.520]  That habeas corpus has to do with due process.
[01:28:49.520 --> 01:28:54.520]  We don't get DUI until we've got past due process.
[01:28:54.520 --> 01:28:55.520]  Okay.
[01:28:55.520 --> 01:29:01.520]  And it will walk through due process front to back.
[01:29:01.520 --> 01:29:10.520]  Now, it is where state law is referenced, it referenced Texas law, but Texas law is only
[01:29:10.520 --> 01:29:15.520]  referenced in conjunction with federal law.
[01:29:15.520 --> 01:29:19.520]  For instance, I have referenced Boyd v. State.
[01:29:19.520 --> 01:29:25.520]  Boyd v. State is referenced to support Gerstein Pugh.
[01:29:25.520 --> 01:29:30.520]  Gerstein Pugh is the controlling case on preliminary hearings.
[01:29:30.520 --> 01:29:37.520]  Boyd v. State is where a guy was arrested and the sheriff said, follow me.
[01:29:37.520 --> 01:29:42.520]  He was a city worker, a county worker, cutting a road.
[01:29:42.520 --> 01:29:44.520]  His boss told him to.
[01:29:44.520 --> 01:29:46.520]  He told him to stop.
[01:29:46.520 --> 01:29:50.520]  He refused to follow me, you're off my office.
[01:29:50.520 --> 01:29:54.520]  Because he didn't take you to the nearest magistrate, they sued the sheriff in one.
[01:29:54.520 --> 01:30:23.520]  I'm going to break, we'll be right back.
[01:30:23.520 --> 01:30:43.520]  We'll be right back.
[01:30:53.520 --> 01:31:21.520]  We'll be right back.
[01:31:21.520 --> 01:31:31.520]  I'm Dr. Katherine Albrecht for startpage.com, the world's most private search engine.
[01:31:31.520 --> 01:31:36.520]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.520 --> 01:31:38.520]  The government says that fire brought it down.
[01:31:38.520 --> 01:31:43.520]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.520 --> 01:31:46.520]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.520 --> 01:31:49.520]  And thousands of my fellow force responders have died.
[01:31:49.520 --> 01:31:51.520]  I'm not a conspiracy theorist.
[01:31:51.520 --> 01:31:52.520]  I'm a structural engineer.
[01:31:52.520 --> 01:31:53.520]  I'm a New York City correction officer.
[01:31:53.520 --> 01:31:54.520]  I'm an Air Force pilot.
[01:31:54.520 --> 01:31:55.520]  I'm the father who lost his son.
[01:31:55.520 --> 01:31:58.520]  We're Americans, and we deserve the truth.
[01:31:58.520 --> 01:32:02.520]  Go to RememberBuilding7.org today.
[01:32:02.520 --> 01:32:05.520]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[01:32:05.520 --> 01:32:08.520]  In today's America, we live in an us against them society.
[01:32:08.520 --> 01:32:13.520]  If we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[01:32:13.520 --> 01:32:16.520]  Among those rights are the right to travel freely from place to place,
[01:32:16.520 --> 01:32:20.520]  to act in our own private capacity, and most importantly, the right to due process of law.
[01:32:20.520 --> 01:32:26.520]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[01:32:26.520 --> 01:32:29.520]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[01:32:29.520 --> 01:32:34.520]  has put together the most comprehensive teaching tool available that will help you understand what due process is
[01:32:34.520 --> 01:32:36.520]  and how to hold the courts to the rule of law.
[01:32:36.520 --> 01:32:41.520]  You can get your own copy of this valuable material by going to ruleoflawradio.com and ordering your copy today.
[01:32:41.520 --> 01:32:45.520]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law vs. the Lie.
[01:32:45.520 --> 01:32:48.520]  Video and audio of the original 2009 seminar.
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[01:32:51.520 --> 01:32:55.520]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[01:32:55.520 --> 01:32:59.520]  Order your copy today and together we can have the free society we all want and deserve.
[01:32:59.520 --> 01:33:04.520]  You are listening to the Logos Radio Network.
[01:33:04.520 --> 01:33:07.520]  LogosRadioNetwork.com
[01:33:12.520 --> 01:33:15.520]  Yeah, who you want to check? Who you take me for? Free toilet.
[01:33:15.520 --> 01:33:18.520]  Where you want to check? Man up for free toilet.
[01:33:18.520 --> 01:33:20.520]  Okay, we are back.
[01:33:20.520 --> 01:33:28.520]  Randy Kelton, Brett Felton, rule of law radio on this Thursday, the 16th day of January,
[01:33:28.520 --> 01:33:31.520]  2020.
[01:33:31.520 --> 01:33:36.520]  And we're talking to John in New York.
[01:33:36.520 --> 01:33:40.520]  John? Yep, I'm here.
[01:33:40.520 --> 01:33:45.520]  I was being real emphatic when we went out.
[01:33:45.520 --> 01:33:47.520]  So what was I saying?
[01:33:47.520 --> 01:33:50.520]  Well, you were talking about due process.
[01:33:50.520 --> 01:33:52.520]  Approach this.
[01:33:52.520 --> 01:33:56.520]  Approach this. It's like traffic tickets with due process.
[01:33:56.520 --> 01:34:02.520]  Any case where someone is arrested due process.
[01:34:02.520 --> 01:34:06.520]  They always screw up due process.
[01:34:06.520 --> 01:34:08.520]  How about New York?
[01:34:08.520 --> 01:34:12.520]  New York less than most.
[01:34:12.520 --> 01:34:17.520]  New York actually has an examining trial.
[01:34:17.520 --> 01:34:21.520]  Have you ever seen the program night course?
[01:34:21.520 --> 01:34:26.520]  Yep, I know what you're going to refer to. They bring them before a magistrate immediately.
[01:34:26.520 --> 01:34:31.520]  That's what the law commands.
[01:34:31.520 --> 01:34:34.520]  So you need to look at what happens in that hearing.
[01:34:34.520 --> 01:34:39.520]  Do they appoint them counsel for the purpose of that hearing?
[01:34:39.520 --> 01:34:41.520]  That's the way they did it night course.
[01:34:41.520 --> 01:34:47.520]  If anybody here wants to know how it is supposed to be done,
[01:34:47.520 --> 01:34:53.520]  go online and see if you can find some old examples of that program.
[01:34:53.520 --> 01:34:55.520]  It was a comment.
[01:34:55.520 --> 01:35:00.520]  But constitutionally, it was dead on.
[01:35:00.520 --> 01:35:08.520]  Guy gets arrested, he's put in jail and held for as long as it takes
[01:35:08.520 --> 01:35:13.520]  to have counsel appointed for the purpose of this hearing.
[01:35:13.520 --> 01:35:18.520]  And then the person and counsel are brought before the judge
[01:35:18.520 --> 01:35:22.520]  with the arresting officer and the prosecutor.
[01:35:22.520 --> 01:35:28.520]  Prosecutor makes his case, the accused's lawyer makes their case,
[01:35:28.520 --> 01:35:34.520]  and the judge determines whether or not the person must stand and answer.
[01:35:34.520 --> 01:35:38.520]  That's how it's supposed to be done.
[01:35:38.520 --> 01:35:43.520]  Go ahead, John.
[01:35:43.520 --> 01:35:48.520]  In your experience in New York, do you think that's done most of the time?
[01:35:48.520 --> 01:35:53.520]  Or are we looking at the traffic ticket thing?
[01:35:53.520 --> 01:35:57.520]  I think only in New York City.
[01:35:57.520 --> 01:36:03.520]  Because in New York City, they have so many people and so many arrests,
[01:36:03.520 --> 01:36:10.520]  then it is economically feasible to have a court full time.
[01:36:10.520 --> 01:36:18.520]  Outside New York City, the people I've talked to never happens.
[01:36:18.520 --> 01:36:24.520]  Okay, so tell me real quickly so that we can get to your next caller.
[01:36:24.520 --> 01:36:34.520]  What are the things that should be looked into to beat a DUI or DWI ticket?
[01:36:34.520 --> 01:36:38.520]  A probable cause for the initial stop.
[01:36:38.520 --> 01:36:46.520]  I'll tell you what, have your guy go to legalearth.net.
[01:36:46.520 --> 01:36:54.520]  LegalEarth.net, that is my LegalEarth project website.
[01:36:54.520 --> 01:37:00.520]  I have posted on that site a DUI questionnaire.
[01:37:00.520 --> 01:37:06.520]  It is a due process questionnaire for DUI.
[01:37:06.520 --> 01:37:13.520]  Now, it's specifically on text, but DUI is DUI, no matter where you come across it.
[01:37:13.520 --> 01:37:16.520]  So, have him go through that questionnaire.
[01:37:16.520 --> 01:37:20.520]  Now, it does not produce the output documents.
[01:37:20.520 --> 01:37:25.520]  It doesn't tell him when an output document is indicated.
[01:37:25.520 --> 01:37:36.520]  But it will instruct him as to due process, as it relates to his specific circumstances.
[01:37:36.520 --> 01:37:40.520]  In other words, you can double check to see if they did the right thing.
[01:37:40.520 --> 01:37:44.520]  Yes, it will tell him by the questions that we ask.
[01:37:44.520 --> 01:37:49.520]  The questionnaire will say, did they do this thing?
[01:37:49.520 --> 01:37:55.520]  And everything we ask, did they do, that's something they required to do.
[01:37:55.520 --> 01:37:58.520]  It will give him some instruction.
[01:37:58.520 --> 01:38:00.520]  Right.
[01:38:00.520 --> 01:38:05.520]  Is there anything missing from that, or you probably put everything that he would need?
[01:38:05.520 --> 01:38:12.520]  There may be things missing from it, but if there's something missing, it's very obscure.
[01:38:12.520 --> 01:38:13.520]  Okay.
[01:38:13.520 --> 01:38:20.520]  Rather than going through all the potential possibilities, if he uses that questionnaire,
[01:38:20.520 --> 01:38:25.520]  it will isolate the circumstances that apply to him.
[01:38:25.520 --> 01:38:30.520]  In other words, he can use that as a rule to see if they screwed up.
[01:38:30.520 --> 01:38:33.520]  Yes, and he can be sure they screwed up.
[01:38:33.520 --> 01:38:34.520]  They always screw up.
[01:38:34.520 --> 01:38:36.520]  I'm sorry, they always do?
[01:38:36.520 --> 01:38:37.520]  They always do.
[01:38:37.520 --> 01:38:45.520]  The best he can hope for is to get it reduced from a DUI to maybe a public intox.
[01:38:45.520 --> 01:38:53.520]  And by using this tool and finding out what they were supposed to do and did not do,
[01:38:53.520 --> 01:38:57.520]  that gives him claims he can bring.
[01:38:57.520 --> 01:39:06.520]  But the only real value they have is as a calculation for the prosecution.
[01:39:06.520 --> 01:39:13.520]  Raise these issues subtly and softly, and then go to the prosecutor and say,
[01:39:13.520 --> 01:39:19.520]  look, these are all the issues I can bring where you guys screwed up.
[01:39:19.520 --> 01:39:23.520]  Make me a better deal.
[01:39:23.520 --> 01:39:27.520]  And take the best deal you can get, do not risk going to court.
[01:39:27.520 --> 01:39:29.520]  They will hammer you.
[01:39:29.520 --> 01:39:30.520]  Right.
[01:39:30.520 --> 01:39:36.520]  Your juries are not lenient to DUI.
[01:39:36.520 --> 01:39:44.520]  We had a guy near Weatherford, Texas, crossed the center divider on I-30,
[01:39:44.520 --> 01:39:48.520]  hit a carload of high school kids, hit on, killed all of them.
[01:39:48.520 --> 01:39:51.520]  He was just barely injured.
[01:39:51.520 --> 01:39:57.520]  Six months later, a guy goes to court on first DUI.
[01:39:57.520 --> 01:40:02.520]  The jury in Weatherford gave him 99 years.
[01:40:02.520 --> 01:40:04.520]  What he tells?
[01:40:04.520 --> 01:40:06.520]  They talked to the foreman and the foreman said,
[01:40:06.520 --> 01:40:09.520]  we knew that would never stand.
[01:40:09.520 --> 01:40:12.520]  We wanted to make a statement.
[01:40:12.520 --> 01:40:13.520]  Right.
[01:40:13.520 --> 01:40:15.520]  That's what juries do.
[01:40:15.520 --> 01:40:18.520]  They are not understanding when it comes to DUI.
[01:40:18.520 --> 01:40:21.520]  So make a deal, do not go to court.
[01:40:21.520 --> 01:40:25.520]  What's the other website you mentioned?
[01:40:25.520 --> 01:40:36.520]  LegalEarth.net and JurisImprudence.Website.
[01:40:36.520 --> 01:40:39.520]  And JurisImprudence.Website.
[01:40:39.520 --> 01:40:41.520]  Okay, thank you.
[01:40:41.520 --> 01:40:43.520]  Okay, thank you, John.
[01:40:43.520 --> 01:40:46.520]  Now we're going to go to Tim in Texas.
[01:40:46.520 --> 01:40:47.520]  Hello, Tim.
[01:40:47.520 --> 01:40:50.520]  What do you have for us today?
[01:40:50.520 --> 01:40:54.520]  I'm still getting my education here.
[01:40:54.520 --> 01:40:57.520]  I've been doing a lot of reading.
[01:40:57.520 --> 01:41:02.520]  One thing I did notice, and maybe you can take some more time tomorrow night,
[01:41:02.520 --> 01:41:08.520]  but the declaratory judgment I've done or a lot of reading,
[01:41:08.520 --> 01:41:16.520]  I subscribe to that case text where you can put in your motions
[01:41:16.520 --> 01:41:19.520]  things like that that have already gone through the court,
[01:41:19.520 --> 01:41:22.520]  and then it will match you up to different cases,
[01:41:22.520 --> 01:41:25.520]  and then you can put keyword searches in there.
[01:41:25.520 --> 01:41:30.520]  But one thing I did notice is that even though all we were doing
[01:41:30.520 --> 01:41:36.520]  was asking for a declaratory judgment for the city,
[01:41:36.520 --> 01:41:41.520]  they interpreted that as us suing the city,
[01:41:41.520 --> 01:41:46.520]  because that's what they kept saying over and over even the appeals court
[01:41:46.520 --> 01:41:49.520]  talking about sovereign immunity,
[01:41:49.520 --> 01:41:55.520]  but especially saying that because we sued the employees or agents of the city,
[01:41:55.520 --> 01:41:59.520]  then they were automatically dismissed,
[01:41:59.520 --> 01:42:04.520]  and they used the rule 101.106e.
[01:42:04.520 --> 01:42:09.520]  So anyway, that's one thing that I can find
[01:42:09.520 --> 01:42:13.520]  that seems kind of criminal, and I don't know why they would do it,
[01:42:13.520 --> 01:42:22.520]  unless specifically we had the name City of Newark on the suit.
[01:42:22.520 --> 01:42:30.520]  In other words, is there something in the law that says that if you named them at all,
[01:42:30.520 --> 01:42:35.520]  then it's going to be interpreted that way.
[01:42:35.520 --> 01:42:37.520]  No.
[01:42:37.520 --> 01:42:40.520]  So they did something that's wrong,
[01:42:40.520 --> 01:42:45.520]  but you still can't get to them apparently because of the sovereign immunity clause.
[01:42:45.520 --> 01:42:52.520]  We probably would have got to them if we had taken it to the Supreme.
[01:42:52.520 --> 01:42:54.520]  Yeah.
[01:42:54.520 --> 01:42:56.520]  Okay.
[01:42:56.520 --> 01:43:04.520]  As it moves up, the court of appeals got a suit with a lot of issues.
[01:43:04.520 --> 01:43:11.520]  So there was a lot of room for the lawyers to throw trash around.
[01:43:11.520 --> 01:43:25.520]  Then the court of appeals, I mean, the Supreme doesn't have a lot of trash they can use to dump your case.
[01:43:25.520 --> 01:43:28.520]  They got one issue just like Tina.
[01:43:28.520 --> 01:43:35.520]  She's before the Supreme in California with one singular issue.
[01:43:35.520 --> 01:43:38.520]  A lot harder to trash.
[01:43:38.520 --> 01:43:40.520]  Hang on.
[01:43:40.520 --> 01:43:45.520]  I'm about to go to break Randy Kelton, Brett Fountain, rule of law radio.
[01:43:45.520 --> 01:43:49.520]  I'm not going to give out a call in a number. This is the last segment.
[01:43:49.520 --> 01:44:00.520]  Hang on. We'll be right back.
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[01:44:20.520 --> 01:44:24.520]  What to do when contacted by phones, mail or court summons.
[01:44:24.520 --> 01:44:26.520]  How to answer letters and phone calls.
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[01:46:22.520 --> 01:46:32.520]  Okay, we are back.
[01:46:32.520 --> 01:46:41.520]  Randy Kelton, Brett Fountain, rule of law radio on this, the 16th day of January, 2020.
[01:46:41.520 --> 01:46:48.520]  And we're talking to Tim in Podum, Texas.
[01:46:48.520 --> 01:46:51.520]  Right down the street from Boyd.
[01:46:51.520 --> 01:46:55.520]  Exactly.
[01:46:55.520 --> 01:46:59.520]  Okay.
[01:46:59.520 --> 01:47:01.520]  Okay.
[01:47:01.520 --> 01:47:05.520]  Let me discuss this.
[01:47:05.520 --> 01:47:09.520]  I got kids yelling in the house.
[01:47:09.520 --> 01:47:13.520]  The vehicle, junk vehicle ordinance.
[01:47:13.520 --> 01:47:28.520]  Okay, when they have in there, they talk about the vehicle is presumed inoperable and that if you go to court, then you have to prove that it is operable.
[01:47:28.520 --> 01:47:32.520]  Okay, so it's like the burden of proof.
[01:47:32.520 --> 01:47:34.520]  Hold on, hold on.
[01:47:34.520 --> 01:47:40.520]  The vehicle is proved inoperable under what circumstance?
[01:47:40.520 --> 01:47:45.520]  No, it has to be proved that it's operable.
[01:47:45.520 --> 01:47:46.520]  Hold on.
[01:47:46.520 --> 01:47:57.520]  Yeah, this is a situation where it looks like the code, the statute, is unconstitutional and would need to be challenged as such because it starts with a presumption of guilt.
[01:47:57.520 --> 01:48:00.520]  No, Tim is mispart of it.
[01:48:00.520 --> 01:48:04.520]  It is presumed inoperable if.
[01:48:04.520 --> 01:48:07.520]  If it's unregistered.
[01:48:07.520 --> 01:48:10.520]  That's it.
[01:48:10.520 --> 01:48:12.520]  If it's unregistered.
[01:48:12.520 --> 01:48:15.520]  That's no, there were three conditions.
[01:48:15.520 --> 01:48:16.520]  Okay, well if.
[01:48:16.520 --> 01:48:21.520]  Were the conditions and or or.
[01:48:21.520 --> 01:48:26.520]  Okay, first one is that it's unregistered.
[01:48:26.520 --> 01:48:34.520]  Second one is that it's wrecked or dismantled or inoperable.
[01:48:34.520 --> 01:48:37.520]  Okay, so really there's only only has to be two.
[01:48:37.520 --> 01:48:38.520]  Wait a minute.
[01:48:38.520 --> 01:48:44.520]  Yeah, it's only two because it's presumed to be inoperable if it's wrecked or dismantled.
[01:48:44.520 --> 01:48:46.520]  Yeah, or unregistered.
[01:48:46.520 --> 01:48:51.520]  So it is going to require.
[01:48:51.520 --> 01:48:57.520]  Does it say and or or.
[01:48:57.520 --> 01:48:59.520]  In the code.
[01:48:59.520 --> 01:49:03.520]  That is really, really critical.
[01:49:03.520 --> 01:49:08.520]  Unregistered and unregistered and yeah.
[01:49:08.520 --> 01:49:10.520]  So it can be all three.
[01:49:10.520 --> 01:49:12.520]  All three have to be there.
[01:49:12.520 --> 01:49:21.520]  No, just to it says and if it said or then any one of them would be sufficient.
[01:49:21.520 --> 01:49:25.520]  But if it says and you have to have all three.
[01:49:25.520 --> 01:49:32.520]  No, the correct grammar is between the two of wrecked or dismantled or.
[01:49:32.520 --> 01:49:34.520]  Okay, that was my question.
[01:49:34.520 --> 01:49:35.520]  You said and.
[01:49:35.520 --> 01:49:46.520]  Well, anyway, but I think the part that you were mentioning earlier in 683.076 talking about the hearing.
[01:49:46.520 --> 01:49:58.520]  If they have that administrative hearing, it says in subsection C at the hearing, the junk motor vehicle is presumed unless demonstrated otherwise by the owner to be inoperable.
[01:49:58.520 --> 01:49:59.520]  There you go.
[01:49:59.520 --> 01:50:02.520]  So there's no ifs ands or buts about it.
[01:50:02.520 --> 01:50:07.520]  It's just a presumption that appears unconstitutional to me because it starts with guilt.
[01:50:07.520 --> 01:50:09.520]  Yes.
[01:50:09.520 --> 01:50:19.520]  So that's just one of the many, many questions and you don't find those being brought up in any of the traffic cases that I've seen in the appeal.
[01:50:19.520 --> 01:50:24.520]  Someone like you would have to take it up and push it all the way through.
[01:50:24.520 --> 01:50:25.520]  Yeah.
[01:50:25.520 --> 01:50:36.520]  Okay, and then another thing is about from what Laura and I can see, you know, she was on council and before that she was on the zoning commission.
[01:50:36.520 --> 01:50:39.520]  She was an alternate and they gave her a book.
[01:50:39.520 --> 01:50:50.520]  And so it shows when they started zoning in our town was five years, five and a half years after.
[01:50:50.520 --> 01:51:01.520]  I was in business and 50 years or 40 years after the place had been in business.
[01:51:01.520 --> 01:51:06.520]  So a question about ex post facto law.
[01:51:06.520 --> 01:51:09.520]  I'm not even sure if that would.
[01:51:09.520 --> 01:51:20.520]  No ex post ex post facto only goes to the law and the time of the alleged action.
[01:51:20.520 --> 01:51:21.520]  Right.
[01:51:21.520 --> 01:51:26.520]  In other words, so it really wouldn't have anything to do with mine.
[01:51:26.520 --> 01:51:36.520]  So in yours, they would have to say, we passed this law today and last year you did this thing that would violate this law.
[01:51:36.520 --> 01:51:37.520]  Yeah.
[01:51:37.520 --> 01:51:41.520]  Okay, so I'm correct in thinking that that really wouldn't apply.
[01:51:41.520 --> 01:51:42.520]  Okay.
[01:51:42.520 --> 01:51:51.520]  The other thing is that we know for sure that and to me, it's like, it's like we were given a present the first day that we went to the hearing.
[01:51:51.520 --> 01:51:54.520]  That's the day that you showed up with us Randy and municipal court.
[01:51:54.520 --> 01:52:03.520]  We were given a present because she offered me something that did not exist.
[01:52:03.520 --> 01:52:06.520]  She offered me an administrative hearing.
[01:52:06.520 --> 01:52:12.520]  And I know she was clicking her heels and thinking, oh, I got this guy.
[01:52:12.520 --> 01:52:22.520]  And she would have if it had already been voted and adopted into the city's ordinances.
[01:52:22.520 --> 01:52:32.520]  But the same place that she got, that she had an opportunity to offer me an administrative hearing said, same sentence,
[01:52:32.520 --> 01:52:36.520]  that it first has to be adopted into the ordinances.
[01:52:36.520 --> 01:52:38.520]  So to me, that's a gift.
[01:52:38.520 --> 01:52:42.520]  And I don't know too many people that really get those.
[01:52:42.520 --> 01:52:44.520]  You understand what I'm saying?
[01:52:44.520 --> 01:52:47.520]  I think everybody gets them if they recognize them.
[01:52:47.520 --> 01:52:49.520]  We have this rule.
[01:52:49.520 --> 01:52:54.520]  You never interfere with someone when they're screwing up.
[01:52:54.520 --> 01:52:55.520]  Yeah.
[01:52:55.520 --> 01:52:58.520]  I don't know if you've said that a lot of times.
[01:52:58.520 --> 01:53:11.520]  And, you know, I didn't know she was screwing up and nobody really knew she was screwing up until the mandamus came back and said, she screwed up.
[01:53:11.520 --> 01:53:18.520]  So just for the record, I helped file the mandamus.
[01:53:18.520 --> 01:53:29.520]  And the Court of Appeals came back with a ruling that wasn't included in the arguments I made.
[01:53:29.520 --> 01:53:30.520]  That was a gift.
[01:53:30.520 --> 01:53:34.520]  What they ruled on, I missed.
[01:53:34.520 --> 01:53:36.520]  Well, the whole ruling.
[01:53:36.520 --> 01:53:38.520]  Just for the record.
[01:53:38.520 --> 01:53:39.520]  Yeah.
[01:53:39.520 --> 01:53:44.520]  Well, the whole ruling specifically, I read last night again, you know, I'm reading this stuff.
[01:53:44.520 --> 01:53:46.520]  People go, why do you keep reading that stuff?
[01:53:46.520 --> 01:53:48.520]  You're going to drive yourself crazy.
[01:53:48.520 --> 01:53:50.520]  I said, because I want to understand it.
[01:53:50.520 --> 01:54:01.520]  So, you know, when you read the whole issue that the appeals court dealt with in the mandamus was strictly subject matter jurisdiction.
[01:54:01.520 --> 01:54:03.520]  That's all.
[01:54:03.520 --> 01:54:05.520]  That's it.
[01:54:05.520 --> 01:54:08.520]  And so I understand that now.
[01:54:08.520 --> 01:54:09.520]  Okay.
[01:54:09.520 --> 01:54:12.520]  So we were talking about zoning.
[01:54:12.520 --> 01:54:26.520]  And if there is no zoning, so I have to try to understand if they come in and they zone your area and they say, you're doing this and that's wrong and you got to quit doing it.
[01:54:26.520 --> 01:54:33.520]  Well, if you've been doing it for 50 years, you know, how can it be wrong?
[01:54:33.520 --> 01:54:42.520]  Because the first year that they ever did junk vehicle ordinance was 1984.
[01:54:42.520 --> 01:54:45.520]  And I haven't been there since 95.
[01:54:45.520 --> 01:55:00.520]  So still at the same time, we go back to what Brett read in the title 683 or section 683, a presumption of guilt just does not sound.
[01:55:00.520 --> 01:55:07.520]  You know, it sounds wrong, but that's something that was handed down by our legislature.
[01:55:07.520 --> 01:55:13.520]  Let me offer an example of what goes to what you're speaking to an example.
[01:55:13.520 --> 01:55:19.520]  Yes, from this day forward, you may no longer burn Christians at the stake.
[01:55:19.520 --> 01:55:21.520]  Yeah.
[01:55:21.520 --> 01:55:30.520]  So if I've been burning Christians at the stake for 50 years, then am I grandfathered?
[01:55:30.520 --> 01:55:31.520]  Oh, well, no, no, no, no, no.
[01:55:31.520 --> 01:55:33.520]  Yeah, it has to be.
[01:55:33.520 --> 01:55:38.520]  It has to apply that it's legal in all other instances.
[01:55:38.520 --> 01:55:40.520]  Well, no more slaves.
[01:55:40.520 --> 01:55:41.520]  You can't have slaves anymore.
[01:55:41.520 --> 01:55:42.520]  Right.
[01:55:42.520 --> 01:55:44.520]  But I've been having slaves for 50 years.
[01:55:44.520 --> 01:55:48.520]  So I'm grandfathered.
[01:55:48.520 --> 01:55:50.520]  No, no, not being facetious.
[01:55:50.520 --> 01:56:03.520]  We need to really be careful in what is an non-conforming use, what non-conforming use is accepted.
[01:56:03.520 --> 01:56:19.520]  Well, they say that if they can see what they say is a junk vehicle from any public area, then it is declared a health and safety hazard.
[01:56:19.520 --> 01:56:24.520]  Okay.
[01:56:24.520 --> 01:56:27.520]  Is that, if that's what the law says?
[01:56:27.520 --> 01:56:28.520]  Yeah.
[01:56:28.520 --> 01:56:29.520]  Investigates?
[01:56:29.520 --> 01:56:30.520]  Okay.
[01:56:30.520 --> 01:56:35.520]  Except that they don't know if the vehicle is inoperable or not.
[01:56:35.520 --> 01:56:38.520]  Other parts of the ordinance states that...
[01:56:38.520 --> 01:56:44.520]  What do they have to know in order to make the presumption?
[01:56:44.520 --> 01:56:56.520]  From what you were reading was they can see that it's not registered, just from observing it, and they can see if it's dismantled.
[01:56:56.520 --> 01:57:00.520]  Yes, they can see that it's dismantled, yes.
[01:57:00.520 --> 01:57:10.520]  So if I have a vehicle that my registration expired, can they declare it a junk vehicle?
[01:57:10.520 --> 01:57:16.520]  Yeah, I mean, if it's been sitting there for, you know...
[01:57:16.520 --> 01:57:25.520]  Or does it have to be unregistered, inoperable, and dismantled?
[01:57:25.520 --> 01:57:40.520]  No, it has to be unregistered, inoperable, or dismantled for 30 days on private property.
[01:57:40.520 --> 01:57:51.520]  But the problem that someone like me would run into is if I have a business where I'm working on vehicles that are...
[01:57:51.520 --> 01:57:55.520]  Wait, wait, wait, hold on, we have another problem.
[01:57:55.520 --> 01:57:57.520]  We are out of time.
[01:57:57.520 --> 01:57:59.520]  Yeah, yeah, okay.
[01:57:59.520 --> 01:58:07.520]  Okay, okay, at college tomorrow, you weren't really annoying this time, you know, you made good arguments.
[01:58:07.520 --> 01:58:12.520]  Well, I really want to get to the bottom of this.
[01:58:12.520 --> 01:58:20.520]  I don't want to say I've spent this much time and didn't learn anything, it didn't change anything, and I just want to...
[01:58:20.520 --> 01:58:24.520]  You've learned a lot, your time has been well spent.
[01:58:24.520 --> 01:58:28.520]  This is Randy Kelton, Brett Fouton, rule of law radio.
[01:58:28.520 --> 01:58:30.520]  Thank you all for listening.
[01:58:30.520 --> 01:58:35.520]  We'll be back tomorrow night on our four hour info marathon.
[01:58:35.520 --> 01:58:38.520]  So if you have a question or comment, give us a call.
[01:58:38.520 --> 01:58:40.520]  We'll be taking calls all night.
[01:58:40.520 --> 01:58:49.520]  Thank you all for listening, and good night.
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