[00:00.000 --> 00:06.760]  The following news flash is brought to you by the Lone Star Lowdowns.
[00:06.760 --> 00:13.160]  Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce,
[00:13.160 --> 00:21.440]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, brand crude
[00:21.440 --> 00:29.720]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.720 --> 00:41.480]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.480 --> 00:52.440]  In history, the year 1916, the preparedness day bombing, a time 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 injuring 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 --> 01:14.240]  taxes law back in June, county prosecutors around the state including Houston, Austin,
[01:14.240 --> 01:18.840]  San Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:18.840 --> 01:22.800]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.800 --> 01:27.800]  test the herb for THC. Margaret Moore, the Travis County District Attorney announced earlier
[01:27.800 --> 01:32.520]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:32.520 --> 01:33.720]  because of the law.
[01:33.720 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:37.600 --> 01:42.120]  that county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.120 --> 01:48.240]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.240 --> 01:54.480]  well as other cities too, like the District Attorney in El Paso, Caima Esparza, a Democrat
[01:54.480 --> 01:58.960]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:58.960 --> 02:01.840]  prosecution of marijuana cases in El Paso.
[02:01.840 --> 02:06.720]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.720 --> 02:11.200]  in Harris County who stated that, quote, the law is constantly changing on what makes something
[02:11.200 --> 02:13.480]  illegal based on its chemical makeup.
[02:13.480 --> 02:17.360]  It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:22.600]  charged with.
[02:22.600 --> 02:27.240]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.240 --> 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 --> 02:39.500]  Pacific Ocean.
[02:39.500 --> 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 --> 03:15.400]  globe.
[03:15.400 --> 03:28.900]  for you. Tell me what you're gonna do, what you're gonna do. Bad boys, bad boys, what
[03:28.900 --> 03:34.400]  you're gonna do, what you're gonna do when they come for you. Bad boys, bad boys, what
[03:34.400 --> 03:39.600]  you're gonna do, what you're gonna do when they come for you. When you were eight and
[03:39.600 --> 03:45.320]  you had bad dreams, you go to school and learn to go, then lose. So why are you acting like
[03:45.320 --> 03:53.440]  I'm not the food. Ha! Bad boys, bad boys, what you're gonna do, oh what you're gonna do,
[03:53.440 --> 03:58.160]  when they come for you. Bad boys, bad boys, what you're gonna do, oh what you're gonna
[03:58.160 --> 04:04.000]  do, when they come for you. Yeah, Jota give them that one, yeah Jota give them this one.
[04:04.000 --> 04:14.640]  Jota give them that one, yeah Jota give them that one. Jota give them that one, yeah Jota
[04:14.640 --> 04:28.280]  third day of June already, 2021. My mom told me that this thing of time appearing to move
[04:28.280 --> 04:37.240]  faster is not going to get any better. It's hard to, you know, I look back in my memory
[04:37.240 --> 04:45.960]  and I don't see how we can be in June already. When I was in my teens, time seemed to just
[04:45.960 --> 04:55.200]  creep along. Primarily that was because most of my experiences were new and I was constantly
[04:55.200 --> 05:03.760]  adjusting to and formulating new experience. But as you get older, you already have developed
[05:03.760 --> 05:08.920]  all of these routines and methodologies for dealing with all this experience, so it doesn't
[05:08.920 --> 05:15.000]  take as much of your attention. So all of this stuff goes by you the same as it did
[05:15.000 --> 05:20.320]  when you were teenagers, but you don't notice it. So it gives the impression of time speeding
[05:20.320 --> 05:31.160]  up. It's hard to believe this is already June. But it's good to be here. Good to be here
[05:31.160 --> 05:39.320]  in Texas where it never gets hot and it never gets cold and never rains. Maybe it rains
[05:39.320 --> 05:46.880]  on occasion. This year we have had a monsoon season. I talked to somebody recently and
[05:46.880 --> 05:53.280]  they said, well, this is not a monsoon. Am I son-in-law? I said, really? You haven't
[05:53.280 --> 06:01.080]  been in a monsoon. I have. This is a monsoon. A monsoon is not when it rains constantly,
[06:01.080 --> 06:08.200]  nonstop forever. It rains every couple of days. Sometimes hard, sometimes soft, but it's
[06:08.200 --> 06:13.640]  just rain on top of rain and then you get a little clear spot and then rain again. We
[06:13.640 --> 06:22.920]  are in June in Texas and we've not made 85 degrees. A few years ago we were in the hundreds
[06:22.920 --> 06:33.280]  in May and that wasn't terribly unusual or the hundreds in June is common. We haven't
[06:33.280 --> 06:42.960]  made it to 85 yet. I'm describing warming, I'm telling you. Okay, I'm finishing up and
[06:42.960 --> 06:50.200]  we have Penny on the board. Penny, if you're on the board and you can hear us, I don't
[06:50.200 --> 06:56.920]  know if I can bring you in because I'm about to turn the phone lines on. If the phone lines
[06:56.920 --> 07:03.440]  are on when we come on the air, then they go off. You appear to be on my board but when
[07:03.440 --> 07:10.000]  I, my system shows that my phone lines are off and when I turn them on, it's likely to
[07:10.000 --> 07:15.480]  drop you and if you do drop, call right back. I'm going to go ahead and turn the phones
[07:15.480 --> 07:23.560]  on. Execute. Okay, I still see you there Penny. Let me test and see if you're there.
[07:23.560 --> 07:30.320]  Hello Penny, are you there? I'm here. Oh, it worked. Oh, wonderful. Okay, hang on. I
[07:30.320 --> 07:37.160]  got just a little bit of stuff to address and then we'll, I'll come back to you. This
[07:37.160 --> 07:44.480]  is Randy Kaltenbretz-Fountain and our call in number is 512-646-1984. So if you have
[07:44.480 --> 07:51.360]  a question or comment, give us a call. I won't spend much time. I would have had my lawsuit
[07:51.360 --> 07:55.680]  filed except for someone who was going over it and they didn't get it finished. Whose
[07:55.680 --> 08:04.760]  name I'm not going to admit, going to mention on the air, but his initials are Brett Fountain.
[08:04.760 --> 08:10.560]  I started doing this lawsuit. You know, I talked to y'all about it and said I was up
[08:10.560 --> 08:21.720]  to 5.6 million dollars. Well, as I developed the project, using precisely the methodology
[08:21.720 --> 08:28.960]  I talked about Thursday night two weeks ago, when our phones weren't up and I did two hours
[08:28.960 --> 08:37.160]  on how to construct legal documents, I used exactly that procedure. And as I went through
[08:37.160 --> 08:44.800]  it, this thing began to grow. You know, I said I've been researching this for 30 years.
[08:44.800 --> 08:55.520]  And I believe that this issue that I'm addressing is responsible for our mass incarceration issue.
[08:55.520 --> 09:00.480]  So I said, okay, I'm saying mass incarceration is a problem. I have to show why it's a problem.
[09:00.480 --> 09:07.720]  The problem because in 2017, the last year I have good statistics, it takes them a couple
[09:07.720 --> 09:13.920]  years to get their statistics reported. The budget for the state of Texas criminal justice
[09:13.920 --> 09:25.560]  system was 3.4 billion, 990 million of which was pretrial incarceration. And my argument
[09:25.560 --> 09:34.600]  in this issue is that this policy of not taking people to a magistrate is the primary cause
[09:34.600 --> 09:43.680]  of pretrial incarceration, this mass incarceration problem, because the police know that they
[09:43.680 --> 09:47.800]  don't have to take them to a magistrate and explain themselves. And the prosecutor, he
[09:47.800 --> 09:55.560]  doesn't care. He doesn't care if you're guilty or innocent. He knows that if he holds you
[09:55.560 --> 10:01.640]  long enough, if you can't make bond, you'll just leave you in jail. And then every month
[10:01.640 --> 10:05.640]  he'll call you in and say, okay, let's make a deal. I'm not making a deal. You go back
[10:05.640 --> 10:11.000]  to jail for a month or he puts you on bail and you sit here waiting for the criminal
[10:11.000 --> 10:16.040]  acts to fall on you. So they call you in the court and say, yeah, let's make a deal. I'm
[10:16.040 --> 10:22.040]  not making a deal. Well, okay, go home, come back this month. Not home. No, if you're on
[10:22.040 --> 10:26.520]  bond, but the guys who got out on bond, you can go back home, but you're going to have
[10:26.520 --> 10:30.640]  to take off a day's work next week, next month, and come back in and we're going to ask you
[10:30.640 --> 10:35.400]  the same thing until you make a deal. Like this friend, he has to keep driving all the
[10:35.400 --> 10:40.400]  way from East Texas down to Brian College Station. And they've dragged him down there
[10:40.400 --> 10:45.920]  probably a dozen times. He's not making any deals, but they're doing exactly this. Yeah,
[10:45.920 --> 10:51.320]  so the prosecutor, he doesn't care if you're guilty or innocent. You're going to make,
[10:51.320 --> 10:56.960]  you're going to take a deal. And if you get counsel, the best thing counsel can do for
[10:56.960 --> 11:06.320]  you is nothing except encourage you to take a deal. They get paid not doing anything because
[11:06.320 --> 11:12.720]  another prosecutor is going to make a deal. Well, that seems okay. But if you're in jail,
[11:12.720 --> 11:21.280]  he's costing the taxpayers and the county commissioners court $59 a day. So the prosecutor
[11:21.280 --> 11:27.040]  is keeping missing people in jail so that he don't have to do his job. He don't want
[11:27.040 --> 11:33.840]  to go in and prosecute these cases. He won't seem to make a deal. So to keep him from having
[11:33.840 --> 11:42.680]  to do his job, he's costing the taxpayers $59 a day. And in the overall scheme of things,
[11:42.680 --> 11:56.040]  Texas, county courts are paying out $990 million a year for pretrial confinement. These people
[11:56.040 --> 12:02.440]  never been convicted of a crime. They're just not ready to make a deal. $59 a day each so
[12:02.440 --> 12:10.200]  the prosecutor doesn't have to do his job. So how much is warranted to get that stopped?
[12:10.200 --> 12:20.560]  In my suit, I asked that the prosecutor be required to pay this $59 a day for the last
[12:20.560 --> 12:27.040]  five years, just during the statute of limitations. He should pay the county back all this amount
[12:27.040 --> 12:34.800]  so I'm asking the jury to assess him this amount. How much is that? And since we've
[12:34.800 --> 12:43.760]  spent $990 million a year on pretrial confinement and another $256 million on court appointing
[12:43.760 --> 12:49.840]  counsel who are doing nothing because they know the person will make a deal. And the
[12:49.840 --> 12:56.440]  police are back there. They know they could arrest you for anything. It makes no difference.
[12:56.440 --> 13:01.240]  Nobody's going to ask them a single question because they're just going to make a deal.
[13:01.240 --> 13:12.240]  That's why the average conviction rates, 98.6, I'm sorry, 99.6, rounds up to 100. This is
[13:12.240 --> 13:26.880]  outrageous. Russia incarcerates approximately 327 people per 100,000. United States, 657.
[13:26.880 --> 13:34.720]  This 750, we should be ashamed of ourselves. And it's because of these processes. So when
[13:34.720 --> 13:41.320]  we're spending almost a billion dollars a year in pretrial confinement, a quarter of
[13:41.320 --> 13:49.320]  our budget, a third of our budget, how much would it take to give all of the prosecutors
[13:49.320 --> 13:59.280]  in the state and all the police and sheriffs reason to follow law? I'm up over 100 million
[13:59.280 --> 14:09.000]  so far. And I have the numbers and the grounds to support it. You want to arrest me and throw
[14:09.000 --> 14:15.400]  me in jail? Let's see how that works for you. The point of that is I'm not doing anything
[14:15.400 --> 14:21.720]  you couldn't have done. Anybody out there could have done this and it's time we did.
[14:21.720 --> 14:27.560]  That's my story and I'm sticking to it. Do you have anything to ask before we go to college?
[14:27.560 --> 14:33.120]  No, let's go see what our collars have to say. Okay, Penny, what do you have for us
[14:33.120 --> 14:42.800]  today? Well, when I called on Friday, I mentioned about the Grounds for Trust Asking when you're
[14:42.800 --> 14:52.320]  in a public accommodation store. Yeah, you got me thinking because it is a private property
[14:52.320 --> 14:59.960]  even though it's a public accommodation. But the thing that Peggy Hall was getting on people
[14:59.960 --> 15:05.840]  about was that if they are trespassing you in their store because you're not wearing
[15:05.840 --> 15:22.600]  a mask, then that becomes discrimination, right? No, not exactly. The laws against discrimination
[15:22.600 --> 15:40.720]  is requires you to select out a segment of the public for a generally a race-based category.
[15:40.720 --> 15:46.960]  If you make the same requirements on every single human being that walks in the door,
[15:46.960 --> 15:53.880]  it's not discrimination. Yeah, but if you have a medical or a religious exemption against
[15:53.880 --> 16:00.400]  wearing a mask, then that's a different issue. Discrimination? No, that's not discrimination.
[16:00.400 --> 16:06.280]  That's a whole different issue on its own and it doesn't need the discrimination statutes
[16:06.280 --> 16:14.280]  for that. The Americans with Disabilities Act could get you there. Right. Part of the point
[16:14.280 --> 16:20.360]  is you've got to make sure if you want the right answer you've got to ask the right question.
[16:20.360 --> 16:26.480]  If you go to it for discrimination you lose it, but if you have a medical exemption and
[16:26.480 --> 16:34.880]  they don't have the standing or capacity to make a determination concerning your medical
[16:34.880 --> 16:40.640]  exemption, then they're definitely in violation of the Americans with Disabilities Act. Am
[16:40.640 --> 16:46.520]  I right, Brett? Yeah. I don't know too much about the ADA, but that does sound correct
[16:46.520 --> 16:54.640]  what I've been noticing so far. I was waiting for Brett to jump off the cliff, but he didn't.
[16:54.640 --> 16:58.640]  Okay, let's talk on the other side.
[16:58.640 --> 17:13.640]  It's the 2019 Logos Radio Network Annual Sunraiser and Gun Giveaway, sponsored by Central Texas
[17:13.640 --> 17:16.120]  Gun Works. Go to LogosRadioNetwork.com and enter to win. Any amount is appreciated. Everything
[17:16.120 --> 17:21.480]  helps to keep us on the air. From Central Texas Gun Works, the grand prize up for grabs
[17:21.480 --> 17:28.480]  is the Spikes Tactical AR-15. More prizes and sponsors to be announced. Every $25 donation
[17:28.480 --> 17:34.560]  is a chance to win. When you purchase Randy Kelton's ebook, Legal 101, you get four chances
[17:34.560 --> 17:40.080]  to win. Purchase Eddie Craig's Tropic Seminar and get 10 chances to win. If you've enjoyed
[17:40.080 --> 17:44.840]  the shows on Logos Radio Network, support our fundraiser so we can keep bringing you
[17:44.840 --> 17:51.280]  the best quality programming on Talk Radio today. We also accept Bitcoin and other cryptocurrencies.
[17:51.280 --> 17:58.040]  And remember, every $25 donation is a chance to win. Go to LogosRadioNetwork.com for details
[17:58.040 --> 18:03.440]  and donate today. Logos Radio Network welcomes a new show to
[18:03.440 --> 18:09.120]  our lineup for the new year. Scripture Talk with Nana will begin Wednesday, January 8th
[18:09.120 --> 18:15.320]  from 8 to 10 p.m. Central Time. Our goal is in accord with Matthew 5.16. Let your light
[18:15.320 --> 18:20.240]  so shine before men that they may see your good works and glorify your Father which is
[18:20.240 --> 18:25.560]  in heaven. We wish to reflect God's light and be a blessing to all those with a hearing
[18:25.560 --> 18:31.280]  ear. Join Nana and guests for both verse by verse Bible studies and topical Bible studies
[18:31.280 --> 18:36.920]  designed to provoke unto love and good works. Our verse by verse Bible studies will begin
[18:36.920 --> 18:42.360]  in the book of Matthew where we will discuss one chapter per week. Our topical Bible studies
[18:42.360 --> 18:48.320]  will vary each week and will explore sound doctrine as well as Christian character development.
[18:48.320 --> 18:55.360]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting
[18:55.360 --> 19:02.360]  January 8th for an inspiring and motivating discussion of the Scriptures.
[19:25.360 --> 19:54.400]  Okay, we are back, Randy Kelton, Brett Fountain, Rula Radio and we're talking to
[19:54.400 --> 19:55.400]  you today.
[19:55.400 --> 20:08.440]  Well, I had the thing about the ADA and the trespassing that's being put on people because
[20:08.440 --> 20:10.440]  they're not wearing a mask.
[20:10.440 --> 20:16.360]  Okay, I forgot about that. I was having so much fun with Brett on the break. Okay. Yeah,
[20:16.360 --> 20:23.320]  and this is about asking the right question. And discrimination is not it. This is not
[20:23.320 --> 20:29.320]  exactly discrimination per se. It's Americans with disabilities.
[20:29.320 --> 20:31.320]  Right, yeah.
[20:31.320 --> 20:38.840]  Well, I mean, if you have a disability exemption, right, and you show it to the people in the
[20:38.840 --> 20:44.800]  store and go, you know, this is my exemption, are you even required to show it to them?
[20:44.800 --> 20:50.920]  No. As far as I can understand, I'm not certain. I said no, but this is just from what I've
[20:50.920 --> 20:58.400]  talked to people about. I haven't researched this myself, but they have this is this goes
[20:58.400 --> 21:05.040]  to HIPAA, this goes to medical information and medical information is not public. And
[21:05.040 --> 21:12.880]  it would seem that it would be unreasonable to ask you to make public something that is
[21:12.880 --> 21:16.720]  not public in order to use a public accommodation.
[21:16.720 --> 21:21.240]  Brett, do you have any insight on that?
[21:21.240 --> 21:26.080]  Well, it occurs to me that if somebody is in a wheelchair and they want to go to a public
[21:26.080 --> 21:33.520]  swimming pool, it's not that the people are discriminating and saying we don't allow wheelchairs
[21:33.520 --> 21:40.760]  in the pool. It's I'm sorry, we don't have that equipment that will have the little crane
[21:40.760 --> 21:49.160]  and lower people in there in a safe way. So it's not exactly discrimination. It's a
[21:49.160 --> 21:55.400]  objective reasonable this and then you can have somebody with maybe some kind of a mental
[21:55.400 --> 22:01.960]  issue that you can't tell that this person is psychologically messed up and they if they
[22:01.960 --> 22:07.280]  get near water, they're just going to go to ground themselves and you can't really tell
[22:07.280 --> 22:17.800]  by looking at the person. But how invasive should your ability to test for this be?
[22:17.800 --> 22:22.280]  Right. It shouldn't be allowed to be invasive at all. People make their own decisions and
[22:22.280 --> 22:29.880]  you let them make their own decisions. So when it comes to the ADA, that's where it
[22:29.880 --> 22:34.360]  starts to look like things fit. That if there's something that is somebody is saying that
[22:34.360 --> 22:38.320]  they have a disability and they need to be allowed to go ahead and do something, well
[22:38.320 --> 22:43.120]  by all means let them go do their shopping, let them do whatever they are saying that
[22:43.120 --> 22:51.240]  they're needing to do. I'm thinking in terms of tort law. I have this business and I am
[22:51.240 --> 22:58.480]  concerned with this pandemic that's going around. I don't necessarily have to know for
[22:58.480 --> 23:04.120]  certain that the pandemic is not really a pandemic, that it's not as bad as it says.
[23:04.120 --> 23:10.520]  I'm not required to make those kind of decisions. But I have this business and I am concerned
[23:10.520 --> 23:17.320]  that if I operate my business in a way that people in acting in good faith can wind up
[23:17.320 --> 23:27.360]  getting infected with this pandemic because of the decisions I made, what leeway do I
[23:27.360 --> 23:39.080]  have? This is my business. I paid for it. I get to set my rules. But what objective
[23:39.080 --> 23:48.520]  reasonableness is there out there to keep me from setting rules that discriminate against
[23:48.520 --> 23:57.240]  people who may have an issue that's not necessarily directly related? Now, I have to tell you
[23:57.240 --> 24:03.160]  this is a tough spot. You're considering you want to go to this place and you want to utilize
[24:03.160 --> 24:12.320]  this business, but consider the guy who runs the business. He's got his life's investment
[24:12.320 --> 24:20.240]  and life's work invested in this business and he's got to make decisions that will keep
[24:20.240 --> 24:30.520]  his business afloat. What right does he have to determine whose business he wants and whose
[24:30.520 --> 24:36.720]  business he doesn't want? And let me frame that by, there used to be signs in restaurants
[24:36.720 --> 24:42.480]  that say who reserves the right to deny service to anyone. Well, the Supreme Court said no,
[24:42.480 --> 24:52.840]  you don't. They put limits on what you can decide in this area and it cannot be in a
[24:52.840 --> 24:59.480]  way that is discriminatory to a certain group of people. Right. Well, I think that was particularly
[24:59.480 --> 25:05.480]  about race, right, is the hot issue. Look at the color of your skin. You belong at the
[25:05.480 --> 25:09.560]  back of the bus, that kind of a thing. That was what it was originally put in for, but
[25:09.560 --> 25:25.280]  it kind of morphed into a Jew, a lie, any kind of arbitrary classification. But it didn't
[25:25.280 --> 25:32.000]  really go, it didn't give us much guidance on medical issues. You can't deny access
[25:32.000 --> 25:39.960]  to someone because they are in a wheelchair, because they have a medical condition. But
[25:39.960 --> 25:47.480]  if the medical condition is contagious, this is a difficult spot. Where do we draw the
[25:47.480 --> 25:58.120]  line between your rights, Penny, to not use a mask to the proprietor's right to not risk
[25:58.120 --> 26:07.280]  being sued for someone coming to their establishment and catching a disease? Penny, how do we find
[26:07.280 --> 26:16.280]  that line? I don't know, but I have noticed from watching some other videos that the government
[26:16.280 --> 26:26.200]  seem to be coercing owners of businesses in order to apply with the mask mandates, which
[26:26.200 --> 26:31.920]  are not law. Okay, that's an issue that I addressed directly
[26:31.920 --> 26:40.200]  in my complaint against the governor, that if the government is not allowed to do something
[26:40.200 --> 26:48.840]  that violates a specific right, then they are equally forbidden to coerce a business required
[26:48.840 --> 26:54.520]  to license with the government to violate that right, because if a business is licensed
[26:54.520 --> 27:00.760]  with the government and thereby influenced by that a government, their acts are proxy
[27:00.760 --> 27:10.680]  acts of the government. So in that case, I would absolutely say if a business is acting
[27:10.680 --> 27:17.800]  under the direction of a licensing agency, then the complaint is not against the business,
[27:17.800 --> 27:26.560]  but against the agency who is coercing a business to violate your rights because they are the
[27:26.560 --> 27:34.560]  proxy for the government. That was exactly the argument I brought against the governor
[27:34.560 --> 27:41.400]  when he ordered hospitals not to treat someone unless they had a life-threatening illness.
[27:41.400 --> 27:51.160]  I maintained that if someone with a life-threatening illness that didn't necessarily know their
[27:51.160 --> 27:56.960]  illness was life-threatening, they had an issue, it was annoying them, they had a little pain
[27:56.960 --> 28:03.480]  in their stomach or in their groin, and it didn't really work. It wasn't that big a deal,
[28:03.480 --> 28:08.440]  so they didn't get tested for it, and then they died of cancer, of a fast-spreaded cancer
[28:08.440 --> 28:14.760]  because it wasn't treated. I called that depraved heart murder. Because the one who
[28:14.760 --> 28:23.400]  issued the order had a duty to know that that can happen, and if he ordered a licensed business
[28:23.400 --> 28:28.640]  not to provide these people services, and that person died as a result of the lack of
[28:28.640 --> 28:36.800]  those services, the governor knew this death could happen and took this action anyway that's
[28:36.800 --> 28:44.440]  depraved heart murder, and he could be held responsible. So you're looking at this business
[28:44.440 --> 28:52.640]  owner, he could be in the same spot. What if this old couple is in there with masks on,
[28:52.640 --> 28:56.480]  the masks, you know the masks are worthless, someone comes in without a mask and costs
[28:56.480 --> 29:03.200]  a couple of times, the couple gets sick and one of them dies of COVID. They come back
[29:03.200 --> 29:15.960]  and see the business, and just fight in the lawsuit can break rupture. I'm not trying
[29:15.960 --> 29:24.760]  to find it easy out, I'm trying to find an objectively reasonable way to deal with this,
[29:24.760 --> 29:33.600]  so that we don't demand our rights to the exclusion of someone else's. Hang on, Randy
[29:33.600 --> 29:39.440]  Kelton, Brett Fountain, Rue Laredo. Let's see, I think our car board is full. I was
[29:39.440 --> 29:46.480]  just trying to run off the cliff for you. Oh, go ahead, run off the cliff. Okay, we
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[33:26.440 --> 33:44.440]  Okay, we are back. Randy Kelton, Brett Fountain, RuleLaw Radio, and we're talking to Penny
[33:44.440 --> 33:50.440]  in Texas, and Brett, you had a comment that they didn't get to before the break.
[33:50.440 --> 33:55.560]  Yeah, it was just about the run over, the run off the cliff, and decided maybe that
[33:55.560 --> 34:01.360]  wasn't the best plan. The situation you're talking about, though, you're talking about
[34:01.360 --> 34:08.720]  is discrimination, is it ADA, what about the proprietor's rights to try to avoid a lawsuit,
[34:08.720 --> 34:14.680]  and you know, it occurs to me that all of these little back and forth things like this,
[34:14.680 --> 34:20.520]  they're all legit, but they're caused by this other problem that we didn't as a society
[34:20.520 --> 34:31.440]  address first, and that part that you're talking about with the mandates, nobody forced these
[34:31.440 --> 34:41.280]  mandators to come up with some data, to come up with some studies. All we kept hearing
[34:41.280 --> 34:46.760]  was whatever does CNN say about, wow, the numbers are crazy, and nobody questioned the
[34:46.760 --> 34:50.760]  numbers, and nobody found any data or science to back the numbers. They just said, well,
[34:50.760 --> 35:01.480]  the CDC says, and off it went, so hearing a lot of noise there, off it went into mandate
[35:01.480 --> 35:09.280]  territory, and nobody questioned the mandates until very recently, you know, and so that
[35:09.280 --> 35:13.760]  left us way down here, down the road, in the wrong place trying to figure out quibbling
[35:13.760 --> 35:17.080]  between this guy's rights and that guy's rights, when really it would have all been
[35:17.080 --> 35:26.760]  addressed more appropriately if those mandates have been questioned right up front.
[35:26.760 --> 35:27.760]  Correct.
[35:27.760 --> 35:28.760]  Okay.
[35:28.760 --> 35:29.760]  Correct.
[35:29.760 --> 35:30.760]  What now?
[35:30.760 --> 35:39.200]  Well, the last thing that I wanted to mention to you, though, was, I was watching a bid and
[35:39.200 --> 35:46.000]  it was really cool, was a woman in Canada, and all she did was sit and take, and she
[35:46.000 --> 35:54.680]  called funeral homes to find out if they had an increase in business in 2020 compared with
[35:54.680 --> 36:01.640]  years before that, and all of them said, no, there was no increase in business. So what
[36:01.640 --> 36:06.240]  does that tell you?
[36:06.240 --> 36:09.320]  Somebody made something up.
[36:09.320 --> 36:14.600]  Yeah, exactly. I bet it would be the same way here in the US, too.
[36:14.600 --> 36:24.440]  No, I think it was just that the coronavirus was so horrible that it scared off the flu.
[36:24.440 --> 36:29.840]  Yeah, I think so, too.
[36:29.840 --> 36:35.240]  But that is a very astute observation, and that's a question we should ask elsewhere.
[36:35.240 --> 36:41.280]  Why didn't I think of that before? Why didn't I think of that?
[36:41.280 --> 36:46.760]  I get that same thing all the time. Why didn't I think of that? But yes, that is a really
[36:46.760 --> 36:52.760]  good point. If the funeral homes, regardless of what the government said, and the funeral
[36:52.760 --> 36:57.040]  homes don't have a dog in this aunt, and we want to say the funeral homes are you guys
[36:57.040 --> 37:06.480]  getting a windfall? Coffee manufacturers, are they getting a windfall?
[37:06.480 --> 37:09.480]  I got some kids fighting outside, Randy. I got to go.
[37:09.480 --> 37:15.320]  Okay, that's a very good point. Thank you, Penny. Now we're going to go to Jane in Texas.
[37:15.320 --> 37:23.040]  Hello, Jane. What do you have for us today?
[37:23.040 --> 37:30.040]  Okay, first of all, I want to thank you so much for all the help that you've given me
[37:30.040 --> 37:35.040]  so far, and can you hear me? Because I'm talking about volume this time.
[37:35.040 --> 37:39.040]  I can hear a word you're saying.
[37:39.040 --> 37:40.040]  Jane?
[37:40.040 --> 37:41.040]  What?
[37:41.040 --> 37:42.040]  Jane, are you there?
[37:42.040 --> 37:47.040]  Yes, I'm here. I didn't turn my other radio down. How are you doing?
[37:47.040 --> 37:53.040]  You know, I'm talking about volume this time.
[37:53.040 --> 37:58.040]  I can hear a word you're saying. Okay, I'm being a smart alec.
[37:58.040 --> 38:03.040]  Okay, now you know I have my letter going, and I have to be in court on Monday morning,
[38:03.040 --> 38:05.040]  so I'm wondering though...
[38:05.040 --> 38:09.040]  Okay, hold on, hold on, hold on. You're talking to Brett and I.
[38:09.040 --> 38:11.040]  Let's catch up the listeners.
[38:11.040 --> 38:16.040]  Yeah, you're actually talking to everybody. Bring us up to speed.
[38:16.040 --> 38:24.040]  Hey, my neighbor sued me for not following any of the rules of HLA according to her.
[38:24.040 --> 38:30.040]  What? They should come out and lynch you for that.
[38:30.040 --> 38:32.040]  I know, no.
[38:32.040 --> 38:37.040]  Did you let a blade of grass go over 18 inches? Come on, admit it, admit it.
[38:37.040 --> 38:49.040]  Absolutely not looking stuff out in the front yard, but she didn't like it because she doesn't like me.
[38:49.040 --> 38:51.040]  You got a neighbor causing trouble.
[38:51.040 --> 38:55.040]  Hold on, just Jane, that was my fault. I meant to mute myself while you were talking,
[38:55.040 --> 39:01.040]  but I muted you while you were talking. Okay, your neighbor hates you.
[39:01.040 --> 39:07.040]  She hates me, but the HLA board, and I've been here over 20 years, she's been here like three,
[39:07.040 --> 39:10.040]  but they've never given me a notice of violation.
[39:10.040 --> 39:14.040]  I've never had any problems until she moved in.
[39:14.040 --> 39:23.040]  So now she decided to sue me because she can't get things done the way that she wants them to be done.
[39:23.040 --> 39:31.040]  But I'm the only one out of the whole, there's only 55 units here, and everybody else writes the rules left and right,
[39:31.040 --> 39:34.040]  and she's not focusing on them, she's only focusing on me.
[39:34.040 --> 39:43.040]  So I wrote with your help, I got the letter to take into court on Monday morning,
[39:43.040 --> 39:56.040]  but I keep getting chipped up because I'm reading in Rule 91A and also Rule 21B, I think where it says that you have to have,
[39:56.040 --> 40:00.040]  you know, in order, unless you bring it in there and you're into the hearing,
[40:00.040 --> 40:04.040]  you have to have something filed in the court at least three days before hearing.
[40:04.040 --> 40:13.040]  And so I'm worried that I'm not sure what they're talking about when they say, unless you bring it into the hearing,
[40:13.040 --> 40:19.040]  I'm not really sure what they're talking about there.
[40:19.040 --> 40:27.040]  Okay, you can't, in a civil case, you can't do, or in any case, you can't do surprise.
[40:27.040 --> 40:33.040]  So you have to give the other side fair warning of what's going to be brought into the court.
[40:33.040 --> 40:35.040]  What is your next hearing?
[40:35.040 --> 40:38.040]  It's a Monday morning.
[40:38.040 --> 40:43.040]  Okay, just one second, Brett.
[40:43.040 --> 40:49.040]  If there is a problem with this, they have to bring it up.
[40:49.040 --> 40:54.040]  And if they bring it up, then you ask for a continuance.
[40:54.040 --> 41:03.040]  Okay, now I think I know why the continuance stopped tonight is because I was looking on the JP Court website and on one of the other ones,
[41:03.040 --> 41:11.040]  JP Court, and it says that if you don't write in there while you're in the courthouse to file in your motion of continuance,
[41:11.040 --> 41:17.040]  if you don't have something in the court of record saying that you stirred the papers to the opposing party,
[41:17.040 --> 41:20.040]  then they're not going to, I mean, it's not legit.
[41:20.040 --> 41:28.040]  I don't believe that. So I didn't, I don't think I gave them, even though I told them I was going to serve the other party.
[41:28.040 --> 41:32.040]  And I came home and I sent him a register.
[41:32.040 --> 41:35.040]  Wait a minute, hold on. Did you actually serve the other party?
[41:35.040 --> 41:37.040]  Yes, I did. I sent a register.
[41:37.040 --> 41:42.040]  Okay, yeah, all you gotta do is say, oh, my bad, nuns pro-tunk.
[41:42.040 --> 41:49.040]  Nuns pro-tunk means, oops, I made a boo-boo, but it's not a material boo-boo.
[41:49.040 --> 41:54.040]  It's not that I didn't serve them. I just forgot to tell you that I served them.
[41:54.040 --> 41:58.040]  So you can, you can tell them at any time.
[41:58.040 --> 42:04.040]  Right, okay, okay. So then when I take this, when I take this letter into court on Monday,
[42:04.040 --> 42:09.040]  they're going to accept that as being something that I didn't bring much like tomorrow.
[42:09.040 --> 42:16.040]  I plan on taking it to the court and I guess I'll need a hand carry it over to the attorney's office and give it to him.
[42:16.040 --> 42:22.040]  Is he going to come back and say, or is the court going to say, you didn't give us enough time for your motion of sanction?
[42:22.040 --> 42:24.040]  Your motion of the...
[42:24.040 --> 42:30.040]  Well, if they say that, then, you know, then you move for continuance.
[42:30.040 --> 42:38.040]  To give opposing counsel time to formulate a response to your motion.
[42:38.040 --> 42:40.040]  Okay.
[42:40.040 --> 42:46.040]  And if the judge denies it, then you file a motion for interlocutory appeal to the county court.
[42:46.040 --> 42:50.040]  And that'll jerk a knot in his behind.
[42:50.040 --> 42:58.040]  Okay, what if he just pointed out that dismisses, or dismisses my case and leaves her open? You know what I'm saying?
[42:58.040 --> 43:00.040]  Appeal.
[43:00.040 --> 43:01.040]  Go ahead.
[43:01.040 --> 43:09.040]  If they dismiss your case, that's dispositive and that's grounds for interlocutory appeal.
[43:09.040 --> 43:10.040]  Okay.
[43:10.040 --> 43:16.040]  If they just dismiss yours and keep hers, then you file a motion for interlocutory appeal.
[43:16.040 --> 43:20.040]  Okay, John, I thought you were not keeping the counterclaim, though.
[43:20.040 --> 43:25.040]  I thought you were withdrawing the counterclaim.
[43:25.040 --> 43:27.040]  Well, I haven't written that.
[43:27.040 --> 43:35.040]  That's not in the letter and I don't know this letter right here that's going to overtake everything else that I've already signed into court.
[43:35.040 --> 43:42.040]  Yeah, when you file the amended answer and you don't have a counterclaim in there, then your counterclaim just goes away.
[43:42.040 --> 43:45.040]  Because there's nothing for them to argue about.
[43:45.040 --> 43:53.040]  When I come back, I'll address what you're filing right now and why the rest of it don't matter.
[43:53.040 --> 44:06.040]  Hang on, Randy Kelton, Brett Fountain. We'll be right back.
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[47:00.040 --> 47:02.040]  Okay, we are back.
[47:02.040 --> 47:08.040]  Randy Kelton, Brett Fountain, Rule of Law Radio, and Brett and I were talking about this over the break.
[47:08.040 --> 47:13.040]  The original plaintiff filed an action.
[47:13.040 --> 47:22.040]  The defendant filed a response and counterclaim, but the counterclaim wasn't sufficient.
[47:22.040 --> 47:28.040]  But then again, the original petition wasn't sufficient either.
[47:28.040 --> 47:34.040]  The original petition said, oh, this dirty rotten neighbor of mine violated all of these HOA regulations.
[47:34.040 --> 47:35.040]  I got one bit.
[47:35.040 --> 47:36.040]  Yeah.
[47:36.040 --> 47:39.040]  But it didn't say which rules or regulations she violated.
[47:39.040 --> 47:44.040]  No, it said all of them is what the plaintiff claimed. So you could say that's aggravated perjury if you want.
[47:44.040 --> 47:45.040]  But really.
[47:45.040 --> 47:51.040]  So it's not specific in which she violated and how she violated.
[47:51.040 --> 47:56.040]  So the defendant did not have adequate notice.
[47:56.040 --> 48:02.040]  Therefore, the petition was insufficient to invoke the subject matter jurisdiction of the court.
[48:02.040 --> 48:05.040]  So she's going to ask the court to dismiss everything.
[48:05.040 --> 48:09.040]  From the plaintiff.
[48:09.040 --> 48:24.040]  And since her answer and counterclaim was also insufficient, then she can file a amended counterclaim at the same time.
[48:24.040 --> 48:30.040]  And ask the court to, if it's her first amended, she doesn't have to ask for permission.
[48:30.040 --> 48:33.040]  She can simply file an amended counterclaim.
[48:33.040 --> 48:39.040]  And in the subject matter jurisdiction section, she asked the court to dismiss the other side's claim.
[48:39.040 --> 48:43.040]  If you have a claim before the court, both sides do.
[48:43.040 --> 48:48.040]  And one side is dismissed, say the plaintiff who initiated the cause.
[48:48.040 --> 48:50.040]  The cause doesn't go away.
[48:50.040 --> 48:53.040]  Your claim remains.
[48:53.040 --> 49:00.040]  So she's asking them to dismiss the plaintiff's claim for a failure to state a claim.
[49:00.040 --> 49:02.040]  And then that leaves hers in place.
[49:02.040 --> 49:08.040]  Now, the other side is asked to dismiss hers, her claim for failure to state a claim.
[49:08.040 --> 49:16.040]  And if she files an amended, then the original one is no longer before the court.
[49:16.040 --> 49:26.040]  Important to understand, if you file an amended complaint, you're not amending the original complaint.
[49:26.040 --> 49:28.040]  You're replacing it.
[49:28.040 --> 49:30.040]  Yeah, it's not supplemental.
[49:30.040 --> 49:34.040]  Everything you want must be in the amended.
[49:34.040 --> 49:37.040]  If it's not in there, it's not before the court.
[49:37.040 --> 49:41.040]  So it's actually a new complaint or a new response.
[49:41.040 --> 49:46.040]  Well, one point about that, Randy, about the amended counterclaim.
[49:46.040 --> 49:58.040]  One little detail is that Jane doesn't really have, she's not really ready to have, to get the amended counterclaim prepared.
[49:58.040 --> 50:00.040]  She doesn't have the time for that.
[50:00.040 --> 50:05.040]  She doesn't have the, she's got to do some more study, gather some more facts and get it put together well.
[50:05.040 --> 50:07.040]  And she doesn't really have the time for that.
[50:07.040 --> 50:19.040]  So that's why we were thinking maybe just leave it out for now and come back later when she can, you know, peacefully get out of stress, get those things together.
[50:19.040 --> 50:29.040]  And if she does that, and the judge dismisses the plaintiff's case, the judge dismisses the entire case.
[50:29.040 --> 50:31.040]  Poof, it's gone.
[50:31.040 --> 50:37.040]  Is that what the judge did, or without justice, or what is it, prejudice or with?
[50:37.040 --> 50:44.040]  No, it would not be with prejudice unless he dismisses your countercom, countercomplain with prejudice.
[50:44.040 --> 50:50.040]  And if he did that, then you would have, you still have opportunity to appeal.
[50:50.040 --> 50:57.040]  And from a JP court, an appeal to the county court will be trial de novo, everything starts all over.
[50:57.040 --> 51:02.040]  So that would give you opportunity to file your counterclaim.
[51:02.040 --> 51:11.040]  And now you're before a judge who's learned counsel, and they'll better rule on your points of law.
[51:11.040 --> 51:19.040]  Okay. You know, this would be my second amendment to this, my original counterclaim, because I already amended it once, didn't know.
[51:19.040 --> 51:21.040]  I thought I was adding to it.
[51:21.040 --> 51:23.040]  Okay, well, that's okay.
[51:23.040 --> 51:38.040]  You can file a, you file the request for permission to file an amended pleading and include the amended pleading so the judge can look at it.
[51:38.040 --> 51:44.040]  And if he sees it's sufficient, then he's likely to rule in your favor.
[51:44.040 --> 51:49.040]  If the judge doesn't, then you have that on the record for appeal.
[51:49.040 --> 51:56.040]  Okay, so tomorrow is the only day left, you know, of the week that I have to do all this.
[51:56.040 --> 52:06.040]  So tomorrow when I go to the JP court to file this motion for sanctions and all that, which I'm a little bit queasy on doing the motion for sanctions,
[52:06.040 --> 52:09.040]  because I might kick off the judge, because I probably already kicked him off.
[52:09.040 --> 52:10.040]  Who cares?
[52:10.040 --> 52:12.040]  Okay, who cares?
[52:12.040 --> 52:16.040]  Okay, well, I really don't care, except I don't want to rule in an emergency.
[52:16.040 --> 52:18.040]  Okay, you don't, the judge don't matter.
[52:18.040 --> 52:23.040]  Your only purpose is to set the record for appeal.
[52:23.040 --> 52:24.040]  Okay.
[52:24.040 --> 52:26.040]  The judge don't like it too bad.
[52:26.040 --> 52:28.040]  Deal with it.
[52:28.040 --> 52:34.040]  If the judge fails to properly apply the law to the fact she can file against him criminally.
[52:34.040 --> 52:35.040]  Okay.
[52:35.040 --> 52:37.040]  So you don't care.
[52:37.040 --> 52:47.040]  This will appeal to the county court, and they want to say that nothing that happens here matters, but that's not true.
[52:47.040 --> 52:48.040]  Okay.
[52:48.040 --> 52:58.040]  But the other side put before the court, what they do, if they do anything improper, that moves, that goes with you.
[52:58.040 --> 53:04.040]  But in a trial de novo, everything starts all over.
[53:04.040 --> 53:13.040]  The courts want to say, if you want to bring up, say, collateral estoppel or promissory estoppel in the original case,
[53:13.040 --> 53:19.040]  and they'll say, oh, well, this is trial de novo, that don't count, that is not true.
[53:19.040 --> 53:28.040]  If someone comes into the original court and lies to the court, when you get to the second court, that lies still before the court.
[53:28.040 --> 53:34.040]  Trial de novo does not mean everything they do in the original court is forgotten.
[53:34.040 --> 53:46.040]  Trial de novo is trial de novo, and trial de novo means you can appeal without having to show judicial error on the part of the judge.
[53:46.040 --> 53:49.040]  To novo from the beginning all over, start over.
[53:49.040 --> 53:54.040]  But it doesn't mean that everything they did goes away.
[53:54.040 --> 54:01.040]  Just trial de novo for the purpose of perfecting your right to appeal.
[54:01.040 --> 54:05.040]  So you can appeal without having to show error.
[54:05.040 --> 54:07.040]  That's all trial de novo means.
[54:07.040 --> 54:11.040]  It doesn't mean all that stuff they did in the trial court doesn't count.
[54:11.040 --> 54:13.040]  Oh, yes, it does.
[54:13.040 --> 54:19.040]  If they made any false statements, those false statements come into the next court.
[54:19.040 --> 54:20.040]  Okay.
[54:20.040 --> 54:25.040]  So tomorrow when I go there, do I ask for permission from the judge?
[54:25.040 --> 54:34.040]  I mean, do I have a piece of paper that I feel I can say I want permission to enter this into the record, the sanctions and the motion to dismiss?
[54:34.040 --> 54:35.040]  No, no, no, no.
[54:35.040 --> 54:37.040]  This is a subject matter jurisdiction challenge.
[54:37.040 --> 54:40.040]  That doesn't ask for permission.
[54:40.040 --> 54:41.040]  Okay, okay.
[54:41.040 --> 54:42.040]  All right.
[54:42.040 --> 54:46.040]  Only another appeal would ask for permission.
[54:46.040 --> 54:52.040]  And if you, I would suggest you don't put it in and let them go ahead and rule on your appeal.
[54:52.040 --> 54:53.040]  You don't care.
[54:53.040 --> 54:55.040]  Whatever they do, you can appeal that.
[54:55.040 --> 54:56.040]  I'm sorry.
[54:56.040 --> 55:00.040]  If they rule on your account of claim, you can always appeal that.
[55:00.040 --> 55:03.040]  But you've asked for sanctions.
[55:03.040 --> 55:09.040]  If you get the sanctions, you've already been recompensed for your harm.
[55:09.040 --> 55:13.040]  And I say just leave alone because you done stung her good.
[55:13.040 --> 55:18.040]  Now, did you have it to bring before the next court?
[55:18.040 --> 55:25.040]  What if the judge asked me why I'm really not, I shouldn't even go there yet because I'm not to Monday yet.
[55:25.040 --> 55:36.040]  But I was going to ask, what if he asked me if I want to move forward with this, you know, trying to like a quick question, you know, because I don't want to be under his jurisdiction.
[55:36.040 --> 55:39.040]  You don't have any choice.
[55:39.040 --> 55:40.040]  I don't?
[55:40.040 --> 55:41.040]  No, no.
[55:41.040 --> 55:46.040]  Well, you're already, you're filing a challenge to subject matter jurisdiction.
[55:46.040 --> 55:50.040]  You can't just wave a wand and not be under his jurisdiction.
[55:50.040 --> 55:53.040]  You have to challenge it.
[55:53.040 --> 56:02.040]  Once you challenge it, you're not under his jurisdiction until he or the other side proves up his jurisdiction.
[56:02.040 --> 56:06.040]  And the only way they could do that was by showing that they properly introduced a real claim.
[56:06.040 --> 56:08.040]  It's a real cause of action.
[56:08.040 --> 56:10.040]  They included all the right paperwork.
[56:10.040 --> 56:12.040]  You have to write pieces in place.
[56:12.040 --> 56:14.040]  They followed the due process of law.
[56:14.040 --> 56:16.040]  They did it in the right court.
[56:16.040 --> 56:19.040]  Okay, now he's got jurisdiction.
[56:19.040 --> 56:23.040]  And they made an actual claim that can be ruled on.
[56:23.040 --> 56:25.040]  In this case, they haven't.
[56:25.040 --> 56:27.040]  She's just whining and belly aching.
[56:27.040 --> 56:30.040]  That's not something for the judge to deal with.
[56:30.040 --> 56:38.040]  Yeah, but we might be best talking in court and they might just like blaze over that and then I might not...
[56:38.040 --> 56:40.040]  Okay, and you don't understand.
[56:40.040 --> 56:41.040]  You don't care.
[56:41.040 --> 56:42.040]  Okay.
[56:42.040 --> 56:43.040]  Okay, okay.
[56:43.040 --> 56:48.040]  If they got a lawyer and he's a fast talker, you bar-greave him in at Stone Age.
[56:48.040 --> 56:50.040]  Have you bar-greaved the lawyer yet?
[56:50.040 --> 56:52.040]  No, I haven't yet. I'm working on that.
[56:52.040 --> 56:54.040]  Oh, shame on you.
[56:54.040 --> 57:00.040]  Just go online and give him a nice bar-greaving for partying his hair on the left or something.
[57:00.040 --> 57:05.040]  Then he's going to disappear immediately.
[57:05.040 --> 57:07.040]  Well, I would hope so.
[57:07.040 --> 57:11.040]  Bar-greave him tonight.
[57:11.040 --> 57:12.040]  Okay.
[57:12.040 --> 57:17.040]  By Monday, he'll probably have it and he'll probably already have backed away.
[57:17.040 --> 57:18.040]  Hmm.
[57:18.040 --> 57:20.040]  Well, I was going to say...
[57:20.040 --> 57:22.040]  Okay, that's a dirty trick.
[57:22.040 --> 57:23.040]  Yeah.
[57:23.040 --> 57:25.040]  But I love dirty tricks.
[57:25.040 --> 57:31.040]  I wanted to wait until after Monday to be bar-greaved because I'm putting restrictions on there.
[57:31.040 --> 57:37.040]  And even though I might not get the sanctions and chances are, I probably won't.
[57:37.040 --> 57:40.040]  But at least he'll have that part and then I can...
[57:40.040 --> 57:41.040]  Oh, wait, wait, wait.
[57:41.040 --> 57:44.040]  The judge won't know about the bar-greavance.
[57:44.040 --> 57:46.040]  No, he won't.
[57:46.040 --> 57:53.040]  If the judge does know about the bar-greavance, the lawyer gets another bar-greavance for that.
[57:53.040 --> 57:56.040]  Because he's not supposed to tell anybody.
[57:56.040 --> 57:58.040]  Right, exactly.
[57:58.040 --> 58:00.040]  Right?
[58:00.040 --> 58:02.040]  Right.
[58:02.040 --> 58:04.040]  You're overthinking this.
[58:04.040 --> 58:06.040]  I don't know.
[58:06.040 --> 58:12.040]  Your only purpose in the trial court is to set the record.
[58:12.040 --> 58:14.040]  You don't care what that judge rules.
[58:14.040 --> 58:16.040]  You're just setting the record.
[58:16.040 --> 58:20.040]  And when they realize you're setting the record, then they get a lot calmer.
[58:20.040 --> 58:22.040]  You're at peace.
[58:22.040 --> 58:29.040]  The other side's getting all frustrated and agitated and you're just calm and cold as a cucumber.
[58:29.040 --> 58:32.040]  And they're wondering, what does she know that I don't know?
[58:32.040 --> 58:33.040]  Hang on.
[58:33.040 --> 58:35.040]  Randy Kelton, Brett Fountain.
[58:35.040 --> 58:38.040]  The rule of law radio, our call-in number.
[58:38.040 --> 58:39.040]  Oops.
[58:39.040 --> 58:41.040]  We got a full board, so I won't get about the call-in number.
[58:41.040 --> 58:42.040]  Hang on.
[58:42.040 --> 58:44.040]  We'll be right back.
[58:44.040 --> 58:47.040]  All right.
[58:47.040 --> 58:50.040]  I didn't click the watch and it didn't click.
[58:50.040 --> 58:54.040]  The Bible remains the most popular book in the world.
[58:54.040 --> 58:58.040]  Yet countless readers are frustrated because they struggle to understand it.
[58:58.040 --> 59:01.040]  Some new translations try to help by simplifying the text,
[59:01.040 --> 59:06.040]  but in the process can compromise the profound meaning of the Scripture.
[59:06.040 --> 59:09.040]  Enter the recovery version.
[59:09.040 --> 59:13.040]  First, this new translation is extremely faithful and accurate,
[59:13.040 --> 59:18.040]  but the real story is the more than 9,000 explanatory footnotes.
[59:18.040 --> 59:22.040]  Difficult and profound passages are opened up in a marvelous way,
[59:22.040 --> 59:27.040]  providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:27.040 --> 59:32.040]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:32.040 --> 59:43.040]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102,
[59:43.040 --> 59:47.040]  or by ordering online at freestudybible.com.
[59:47.040 --> 59:50.040]  That's freestudybible.com.
[59:50.040 --> 01:00:00.040]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:21.040 --> 01:00:27.040]  Today in history, the year 1916,
[01:00:27.040 --> 01:00:30.040]  the preparedness of David,
[01:00:30.040 --> 01:00:34.040]  who was born and raised in the United States,
[01:00:34.040 --> 01:00:38.040]  was born and raised in the United States.
[01:00:38.040 --> 01:00:42.040]  He was born and raised in the United States.
[01:00:42.040 --> 01:00:46.040]  He was born and raised in the United States.
[01:00:46.040 --> 01:00:51.040]  Today in history, the year 1916, the preparedness day bombing,
[01:00:51.040 --> 01:00:55.040]  a Thai suitcase bomb was detonated on Market Street in San Francisco
[01:00:55.040 --> 01:00:58.040]  during the World War I Preparedness Day Parade,
[01:00:58.040 --> 01:01:00.040]  killing 10 and injuring 40.
[01:01:00.040 --> 01:01:04.040]  Today in history.
[01:01:04.040 --> 01:01:06.040]  And recent news,
[01:01:06.040 --> 01:01:11.040]  since Governor Greg Abbott signed House Bill 1325 legalizing hemp into taxes law back in June,
[01:01:11.040 --> 01:01:15.040]  county prosecutors around the state including Houston, Austin, and San Antonio
[01:01:15.040 --> 01:01:19.040]  have been dropping marijuana possession charges and even refusing to file new ones
[01:01:19.040 --> 01:01:25.040]  since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:25.040 --> 01:01:29.040]  Margaret Moore, the Travis County District Attorney, announced earlier this month
[01:01:29.040 --> 01:01:34.040]  that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:34.040 --> 01:01:38.040]  Mr. Abbott and other state officials including the Attorney General stipulated in a letter
[01:01:38.040 --> 01:01:43.040]  to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas
[01:01:43.040 --> 01:01:48.040]  and that these actions demonstrate a misunderstanding of how HB 1325 works
[01:01:48.040 --> 01:01:52.040]  as well as other cities too like the District Attorney in El Paso,
[01:01:52.040 --> 01:01:57.040]  Kaima Esparza, a Democrat who also stated earlier this month that the law
[01:01:57.040 --> 01:02:02.040]  quote will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:02.040 --> 01:02:05.040]  However, the issue was succinctly summarized by Mr. Brandon Ball,
[01:02:05.040 --> 01:02:09.040]  an assistant public defender in Harris County who stated that quote,
[01:02:09.040 --> 01:02:13.040]  the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.040 --> 01:02:18.040]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.040 --> 01:02:27.040]  A paper by Tulane University identified a five and a half inch American pocket shark
[01:02:27.040 --> 01:02:30.040]  as the first of its kind in the Gulf of Mexico,
[01:02:30.040 --> 01:02:34.040]  the specimen being only the second pocket shark ever captured or recorded
[01:02:34.040 --> 01:02:39.040]  with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.040 --> 01:02:45.040]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins
[01:02:45.040 --> 01:03:05.040]  for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:03:15.040 --> 01:03:29.040]  Okay, let me explain.
[01:03:29.040 --> 01:03:37.040]  When I do the outro, I'm supposed to mute the caller and I forgot to mute you.
[01:03:37.040 --> 01:03:44.040]  I clicked the mute button and then you said something and I forgot I was still in the air.
[01:03:44.040 --> 01:03:47.040]  That's the backside stuff you weren't supposed to hear.
[01:03:47.040 --> 01:03:50.040]  Anyway, when I start the outro, don't talk about it.
[01:03:50.040 --> 01:03:53.040]  Never really gets excited about that kind of stuff.
[01:03:53.040 --> 01:03:57.040]  And all this claims me instead of Brett.
[01:03:57.040 --> 01:03:58.040]  How could that be?
[01:03:58.040 --> 01:04:05.040]  Well, you're running the board, not me.
[01:04:05.040 --> 01:04:10.040]  I'm a typical guy and guys never take responsibility for their behavior.
[01:04:10.040 --> 01:04:13.040]  That's the rule.
[01:04:13.040 --> 01:04:16.040]  We always got to blame it on somebody else.
[01:04:16.040 --> 01:04:22.040]  Okay, Jane, you're more worried about this than you should be.
[01:04:22.040 --> 01:04:23.040]  Okay.
[01:04:23.040 --> 01:04:25.040]  Yeah, I look at her pleading.
[01:04:25.040 --> 01:04:35.040]  The only thing that gives me pause is if we tell her that she screwed up,
[01:04:35.040 --> 01:04:41.040]  then that'll allow her to fix it when she comes back.
[01:04:41.040 --> 01:04:46.040]  But then when she goes to the, if she does the appeal.
[01:04:46.040 --> 01:04:51.040]  But if you bar grieve her lawyer and he runs like a rabbit,
[01:04:51.040 --> 01:04:58.040]  I'm thinking what lawyer would take a case with a pleading like this in it?
[01:04:58.040 --> 01:04:59.040]  That's horrible.
[01:04:59.040 --> 01:05:00.040]  I know.
[01:05:00.040 --> 01:05:02.040]  He should be embarrassed.
[01:05:02.040 --> 01:05:07.040]  Yeah, it doesn't take a rocket science to read that and realize that's a mess.
[01:05:07.040 --> 01:05:13.040]  So obviously the lawyer didn't, I don't know, I'm hoping the lawyer didn't write that.
[01:05:13.040 --> 01:05:14.040]  He didn't.
[01:05:14.040 --> 01:05:15.040]  He did it by himself.
[01:05:15.040 --> 01:05:19.040]  He didn't come on until recently when he saw my appeal.
[01:05:19.040 --> 01:05:22.040]  Yeah, so he takes it.
[01:05:22.040 --> 01:05:26.040]  So why would he take on something this minor?
[01:05:26.040 --> 01:05:28.040]  You know, I just talked to a number of lawyers.
[01:05:28.040 --> 01:05:30.040]  Yeah, I've got this great case.
[01:05:30.040 --> 01:05:34.040]  They do falsely arrest.
[01:05:34.040 --> 01:05:44.040]  So man, I was falsely arrested in the district attorney's office while trying to file criminal charges against the Chief Justice of the Supreme.
[01:05:44.040 --> 01:05:48.040]  They run like rabbits.
[01:05:48.040 --> 01:05:59.040]  I'm wondering if my name is somewhere because every time I've asked a lawyer to look at a case, they run like rabbits.
[01:05:59.040 --> 01:06:01.040]  Right, right.
[01:06:01.040 --> 01:06:05.040]  So how does she get this guy to take this trash case?
[01:06:05.040 --> 01:06:06.040]  I don't know.
[01:06:06.040 --> 01:06:11.040]  I guess because he was initially sending me claim and demand letters and ceasing to stiff.
[01:06:11.040 --> 01:06:17.040]  And so I guess he feels like he owed it to his chief's attorney and I guess he's still paying him.
[01:06:17.040 --> 01:06:18.040]  Oh, good.
[01:06:18.040 --> 01:06:20.040]  So sting him good.
[01:06:20.040 --> 01:06:24.040]  That she could pay a higher price.
[01:06:24.040 --> 01:06:33.040]  So you sting him tonight when you get off the air show, go to the American Bar Association page.
[01:06:33.040 --> 01:06:37.040]  Rick, can you send her a link to the complaint section?
[01:06:37.040 --> 01:06:38.040]  Yes, sir.
[01:06:38.040 --> 01:06:51.040]  And just fill out the complaint and tell him that he's persecuting you by prosecuting this frivolous lawsuit and copy out the text of it and drop it in your complaint.
[01:06:51.040 --> 01:06:57.040]  And by Monday, he'll get a notice that he's been bar-gripped.
[01:06:57.040 --> 01:07:02.040]  And she's likely to come to court with no attorney.
[01:07:02.040 --> 01:07:08.040]  Well, that's if I send it via email because I can't because I was going to do that, so I was going to go ahead and do it.
[01:07:08.040 --> 01:07:14.040]  Except for it requires you to put in more information than I want to give them.
[01:07:14.040 --> 01:07:16.040]  So I was going to do it from now.
[01:07:16.040 --> 01:07:17.040]  Okay, you don't have to.
[01:07:17.040 --> 01:07:22.040]  I believe everywhere where it says something that you don't want to give them, just put in N slash A.
[01:07:22.040 --> 01:07:24.040]  Or I don't know.
[01:07:24.040 --> 01:07:26.040]  Or NYB.
[01:07:26.040 --> 01:07:29.040]  None of your business.
[01:07:29.040 --> 01:07:35.040]  They asked me for my driver's license number and I put in none of your business.
[01:07:35.040 --> 01:07:37.040]  Right, right, right.
[01:07:37.040 --> 01:07:41.040]  It doesn't matter what you put in there as long as you put something.
[01:07:41.040 --> 01:07:45.040]  So none of your business, they didn't complain about that.
[01:07:45.040 --> 01:07:47.040]  Okay, so one more question.
[01:07:47.040 --> 01:07:49.040]  And I know you got other people to go to.
[01:07:49.040 --> 01:07:53.040]  What if I get sanctioned on Monday because I didn't...
[01:07:53.040 --> 01:07:55.040]  You can't be sanctioned on Monday.
[01:07:55.040 --> 01:07:59.040]  They didn't ask for sanctions and you didn't do anything wrong.
[01:07:59.040 --> 01:08:02.040]  Sanctions are extreme.
[01:08:02.040 --> 01:08:04.040]  Okay, okay.
[01:08:04.040 --> 01:08:09.040]  And they're likely not to give you sanctions because they are extreme.
[01:08:09.040 --> 01:08:13.040]  Unless the judge looks at this and says, what is this nonsense?
[01:08:13.040 --> 01:08:16.040]  The lawyer's bringing this garbage into my court.
[01:08:16.040 --> 01:08:20.040]  He's likely to be annoyed at having to deal with this trash.
[01:08:20.040 --> 01:08:25.040]  So the likelihood of him giving you sanctions is very slim.
[01:08:25.040 --> 01:08:27.040]  And you don't really care.
[01:08:27.040 --> 01:08:31.040]  You can handle this with a counterclaim later.
[01:08:31.040 --> 01:08:35.040]  But this will stop her in her tracks.
[01:08:35.040 --> 01:08:40.040]  And if she has the lawyer, he's likely to complain that this was filed too late.
[01:08:40.040 --> 01:08:44.040]  And you will say, well, this is a subject matter jurisdiction challenge.
[01:08:44.040 --> 01:08:46.040]  It can be filed at any time.
[01:08:46.040 --> 01:08:54.040]  Your court rules do not overrule your requirement to show jurisdiction.
[01:08:54.040 --> 01:08:56.040]  Awesome, awesome.
[01:08:56.040 --> 01:08:59.040]  So the judge is not going to really know this.
[01:08:59.040 --> 01:09:02.040]  But if you tell the judge, you know, this is subject matter jurisdiction.
[01:09:02.040 --> 01:09:06.040]  You can't waive it and you can't avoid it.
[01:09:06.040 --> 01:09:11.040]  You can't get, you can't move ahead until you've answered it.
[01:09:11.040 --> 01:09:21.040]  And I had a judge, I tell the story, the hearing age story about the judge denying a subject matter jurisdiction challenge without reading it.
[01:09:21.040 --> 01:09:29.040]  And soon as he told me that, I said, we're done here because he knows now I'm coming back after it.
[01:09:29.040 --> 01:09:33.040]  So jurisdiction is a big deal for the judge.
[01:09:33.040 --> 01:09:37.040]  If he acts without jurisdiction, he has no immunity.
[01:09:37.040 --> 01:09:41.040]  You can sue him personally.
[01:09:41.040 --> 01:09:44.040]  So they got to take that serious.
[01:09:44.040 --> 01:09:45.040]  Oh, sorry.
[01:09:45.040 --> 01:09:47.040]  Why didn't he reject it from the get go?
[01:09:47.040 --> 01:09:50.040]  Why didn't he look at her claim and say, ah, this is fabulous.
[01:09:50.040 --> 01:09:52.040]  I'm just going to throw this away.
[01:09:52.040 --> 01:09:53.040]  Why wouldn't he?
[01:09:53.040 --> 01:09:55.040]  Well, this is a great question.
[01:09:55.040 --> 01:10:01.040]  It is a JP court and they're generally less formal.
[01:10:01.040 --> 01:10:02.040]  Okay.
[01:10:02.040 --> 01:10:11.040]  Unless, you know, the JP is really there to help satisfy this contention between two parties.
[01:10:11.040 --> 01:10:15.040]  And so they're not near as formal.
[01:10:15.040 --> 01:10:21.040]  They're not formal unless you invoke that formality.
[01:10:21.040 --> 01:10:31.040]  If he's a good JP, what he wants to do is bring you to court and try to arbitrate your issue.
[01:10:31.040 --> 01:10:36.040]  You get you two to stop fighting with each other and everybody goes home and all this goes away.
[01:10:36.040 --> 01:10:40.040]  That's really what magistrates are there for.
[01:10:40.040 --> 01:10:44.040]  That's why you can have a non-lawyer being a judge in a magistrate court.
[01:10:44.040 --> 01:10:52.040]  However, if you bring in the law, the judge has to abide by it.
[01:10:52.040 --> 01:10:53.040]  Okay.
[01:10:53.040 --> 01:11:00.040]  And when you challenge a subject matter jurisdiction, subject matter jurisdiction is presumed unless challenged.
[01:11:00.040 --> 01:11:01.040]  Okay.
[01:11:01.040 --> 01:11:07.040]  So the judge could have looked at it and suisponte dismissed for lack of subject matter jurisdiction.
[01:11:07.040 --> 01:11:20.040]  But I think he was more interested in helping this problem go away and getting you two to be friendly neighbors than getting this off his docket.
[01:11:20.040 --> 01:11:22.040]  And that's really his job.
[01:11:22.040 --> 01:11:23.040]  Okay.
[01:11:23.040 --> 01:11:24.040]  All right.
[01:11:24.040 --> 01:11:30.040]  But once he makes the challenge, then he doesn't have that option anymore.
[01:11:30.040 --> 01:11:31.040]  Okay.
[01:11:31.040 --> 01:11:37.040]  So, okay, so when I go tomorrow to file that paper, do I go file his?
[01:11:37.040 --> 01:11:39.040]  Do I go give it to him in person?
[01:11:39.040 --> 01:11:43.040]  Do I have or cannot give it to the secretary to give it to him or what tomorrow?
[01:11:43.040 --> 01:11:47.040]  Yeah, you can put it in the mail.
[01:11:47.040 --> 01:11:52.040]  Just put it in certified mail, but they're kind of negating the mailbox rules.
[01:11:52.040 --> 01:12:00.040]  So if you know where his office is, just take one and drop it on her porch or knock on her door and hand it to her.
[01:12:00.040 --> 01:12:04.040]  Get somebody else to knock on her door and hand it to her.
[01:12:04.040 --> 01:12:06.040]  You mean the plaintiff, not the attorney?
[01:12:06.040 --> 01:12:08.040]  Because she's not even involved in this.
[01:12:08.040 --> 01:12:11.040]  You don't give a crap about her attorney.
[01:12:11.040 --> 01:12:13.040]  She can go scratch.
[01:12:13.040 --> 01:12:14.040]  He works for her.
[01:12:14.040 --> 01:12:16.040]  Tell him, Brett.
[01:12:16.040 --> 01:12:17.040]  Yeah.
[01:12:17.040 --> 01:12:25.040]  So if you try to reach out to somebody and an attorney pops up in the middle, you didn't hire this attorney.
[01:12:25.040 --> 01:12:27.040]  Oh, but I'm representing XYZ.
[01:12:27.040 --> 01:12:28.040]  Well, fine.
[01:12:28.040 --> 01:12:31.040]  Go give your bad legal advice to XYZ then.
[01:12:31.040 --> 01:12:32.040]  They paid you for it.
[01:12:32.040 --> 01:12:33.040]  I don't want to hear it.
[01:12:33.040 --> 01:12:46.040]  And they tend to turn that right around and try to justify themselves and bow up a little bit, which just became harassment because you told them to go away and leave you alone.
[01:12:46.040 --> 01:12:56.040]  And instead, they came back and started huffing and puffing about how much of a lawyer they are and bragging about who hired them, trying to act legit.
[01:12:56.040 --> 01:13:00.040]  But the point is, you don't have to talk to them.
[01:13:00.040 --> 01:13:03.040]  You don't have to listen to them.
[01:13:03.040 --> 01:13:09.040]  Now, a person who hired them can get advice from them, but...
[01:13:09.040 --> 01:13:16.040]  If both parties have lawyers, the lawyers cannot talk to the parties.
[01:13:16.040 --> 01:13:18.040]  The lawyers must talk to each other.
[01:13:18.040 --> 01:13:29.040]  And the lawyers generally have in their employment contract your agreement not to talk to the other party because they want to keep you two apart so they can orchestrate this and make as much money as they can.
[01:13:29.040 --> 01:13:34.040]  But you don't have a lawyer, so you're not involved in any of those agreements.
[01:13:34.040 --> 01:13:35.040]  Right.
[01:13:35.040 --> 01:13:41.040]  But I can see that if I try to deliver it to her, some kind of way, that she's going to act like...
[01:13:41.040 --> 01:13:42.040]  No, you can't.
[01:13:42.040 --> 01:13:45.040]  You're the one person that can't do service.
[01:13:45.040 --> 01:13:46.040]  Personal service.
[01:13:46.040 --> 01:13:48.040]  You have to get somebody else to do it.
[01:13:48.040 --> 01:13:49.040]  Okay.
[01:13:49.040 --> 01:13:52.040]  But anybody else can do it.
[01:13:52.040 --> 01:13:53.040]  Even to him?
[01:13:53.040 --> 01:13:54.040]  Directly to him?
[01:13:54.040 --> 01:13:55.040]  To the attorney?
[01:13:55.040 --> 01:13:57.040]  Yeah.
[01:13:57.040 --> 01:13:58.040]  Yeah, don't serve the attorney.
[01:13:58.040 --> 01:13:59.040]  Serve the client.
[01:13:59.040 --> 01:14:01.040]  That would be more annoying.
[01:14:01.040 --> 01:14:03.040]  Oh, okay.
[01:14:03.040 --> 01:14:05.040]  Well, yeah, for sure.
[01:14:05.040 --> 01:14:08.040]  Okay, I got to see if I can find somebody to do that.
[01:14:08.040 --> 01:14:11.040]  So, all right.
[01:14:11.040 --> 01:14:13.040]  Well, thank you so much again.
[01:14:13.040 --> 01:14:16.040]  Just hire a courier.
[01:14:16.040 --> 01:14:17.040]  Okay.
[01:14:17.040 --> 01:14:21.040]  Tell one of your friends, I need you to be a courier.
[01:14:21.040 --> 01:14:22.040]  Okay.
[01:14:22.040 --> 01:14:26.040]  I need you to take this person in here and take this little form and get them to sign it that they received it.
[01:14:26.040 --> 01:14:35.040]  I had Ken Magnuson do that for me when I was going after the prosecuting attorney in Johnson County.
[01:14:35.040 --> 01:14:38.040]  And the prosecutor said, well, who are you?
[01:14:38.040 --> 01:14:43.040]  I said, I'm the guy that swears in court that I gave this to you.
[01:14:43.040 --> 01:14:48.040]  That's how you got to do.
[01:14:48.040 --> 01:14:54.040]  If you put it in the mail, they'll claim that they didn't get it until Monday.
[01:14:54.040 --> 01:14:57.040]  And you're going to claim the mailbox rule when you put it in.
[01:14:57.040 --> 01:15:00.040]  It's delivered, but the courts haven't been upholding the mailbox rule.
[01:15:00.040 --> 01:15:03.040]  So, if you put it in her hand Friday, then it's served.
[01:15:03.040 --> 01:15:12.040]  If you can't find her, then take it to the lawyer's office and just drop it on the secretary's desk here.
[01:15:12.040 --> 01:15:15.040]  This is for your boss and leave.
[01:15:15.040 --> 01:15:16.040]  And they're served.
[01:15:16.040 --> 01:15:17.040]  All right.
[01:15:17.040 --> 01:15:18.040]  Okay.
[01:15:18.040 --> 01:15:19.040]  Awesome.
[01:15:19.040 --> 01:15:23.040]  And have your recorder on your phone going.
[01:15:23.040 --> 01:15:26.040]  Well, don't tell them.
[01:15:26.040 --> 01:15:29.040]  I wouldn't tell them.
[01:15:29.040 --> 01:15:32.040]  Can I take my phone and record the conversation in the court?
[01:15:32.040 --> 01:15:37.040]  No, where you can, but that's a fight.
[01:15:37.040 --> 01:15:38.040]  Okay.
[01:15:38.040 --> 01:15:40.040]  They want to tell you that you can't.
[01:15:40.040 --> 01:15:46.040]  Last court I was in, the judge told me to turn off my cell phone.
[01:15:46.040 --> 01:15:48.040]  Oh, but judge, I wanted to record these proceedings.
[01:15:48.040 --> 01:15:52.040]  The judge knew me real well and didn't like me.
[01:15:52.040 --> 01:15:55.040]  He said, Mr. Maynard, Mr. Keltan, take that phone away from Mr. Keltan.
[01:15:55.040 --> 01:15:58.040]  He comes over and jerks my phone out of my hand.
[01:15:58.040 --> 01:16:01.040]  She starts the hearing and then stops.
[01:16:01.040 --> 01:16:06.040]  Mr. Keltan, do you have anything else on your person capable of recording these proceedings?
[01:16:06.040 --> 01:16:10.040]  Oh, judge, I was hoping you wouldn't go to ask me that.
[01:16:10.040 --> 01:16:14.040]  And I had one spell crowed to my name tag and I pulled it off.
[01:16:14.040 --> 01:16:17.040]  It looked like a flash drive.
[01:16:17.040 --> 01:16:20.040]  But they come over and jerk that out of my hand.
[01:16:20.040 --> 01:16:22.040]  She starts and stops again.
[01:16:22.040 --> 01:16:24.040]  Mr. Keltan, do you have anything else?
[01:16:24.040 --> 01:16:28.040]  Oh, judge, I pulled it out of my pocket.
[01:16:28.040 --> 01:16:32.040]  That was fun.
[01:16:32.040 --> 01:16:33.040]  But I don't...
[01:16:33.040 --> 01:16:34.040]  I'm a little more low key.
[01:16:34.040 --> 01:16:37.040]  I just go in there and I have two devices recording.
[01:16:37.040 --> 01:16:42.040]  And I just have them looking like they're not like I'm holding it with some papers and stuff.
[01:16:42.040 --> 01:16:45.040]  It just looks like I'm not paying attention to it.
[01:16:45.040 --> 01:16:48.040]  It doesn't give the impression that I'm recording.
[01:16:48.040 --> 01:16:56.040]  And then if there's any kind of a commotion about the bailiff is told to make sure that everybody is not recording,
[01:16:56.040 --> 01:17:00.040]  well, then I'll pick up my phone and I'll, you know...
[01:17:00.040 --> 01:17:05.040]  Logos Radio Network welcomes a new show to our lineup for the new year.
[01:17:05.040 --> 01:17:11.040]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[01:17:11.040 --> 01:17:14.040]  Our goal is in accord with Matthew 516.
[01:17:14.040 --> 01:17:21.040]  Let your light so shine before men that they may see your good works and glorify your Father which is in heaven.
[01:17:21.040 --> 01:17:26.040]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[01:17:26.040 --> 01:17:34.040]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[01:17:34.040 --> 01:17:40.040]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[01:17:40.040 --> 01:17:47.040]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[01:17:47.040 --> 01:17:56.040]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th
[01:17:56.040 --> 01:18:00.040]  for an inspiring and motivating discussion of the Scriptures.
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[01:18:18.040 --> 01:18:24.040]  From Central Texas Gun Works, the grand prize up for grabs is the Spikes Tactical AR-15.
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[01:19:25.040 --> 01:19:29.040]  Okay, we are back. Randy Kelton, Brett Fountain, Legal 101 Radio.
[01:19:29.040 --> 01:19:35.040]  Jane, we do need to move along. We've got five segments in on and four segments on just this.
[01:19:35.040 --> 01:19:41.040]  We've got three other callers.
[01:19:41.040 --> 01:19:45.040]  Oh, somebody forgot to do a mutual.
[01:19:45.040 --> 01:19:49.040]  Oh, let me apologize for Brad.
[01:19:49.040 --> 01:19:59.040]  He just ran right off the cliff. And you all know that I'm way too professional to do something like that.
[01:19:59.040 --> 01:20:02.040]  Well, maybe not.
[01:20:02.040 --> 01:20:09.040]  Okay, we can talk about this on the telegram tomorrow, but you're pretty good to go.
[01:20:09.040 --> 01:20:12.040]  Okay. All right. Thank you so much. Have a good night.
[01:20:12.040 --> 01:20:15.040]  Okay. Thank you, Jane. Now we're going to go to...
[01:20:15.040 --> 01:20:22.040]  I had Stephen, but he dropped off. He looked like a first-time caller or didn't call very often.
[01:20:22.040 --> 01:20:27.040]  Now we're going to go to Tina in California. Hello, Tina.
[01:20:27.040 --> 01:20:31.040]  Hello, Randy and Brett. How are you today?
[01:20:31.040 --> 01:20:34.040]  We are good.
[01:20:34.040 --> 01:20:35.040]  Well, good.
[01:20:35.040 --> 01:20:38.040]  But I'm better because I didn't run off the cliff.
[01:20:38.040 --> 01:20:42.040]  Oh, yeah, Randy. I know it was you.
[01:20:42.040 --> 01:20:50.040]  He doesn't run off the cliff often, so I have to get all the hay from it I can.
[01:20:50.040 --> 01:20:53.040]  That is true. You do.
[01:20:53.040 --> 01:20:59.040]  Well, I got a couple of things to go over that one I'll save for tomorrow night so you can get to other callers.
[01:20:59.040 --> 01:21:11.040]  But I'm trying to figure out how to decide what my appeal in that declaratory judgment, you know, where Brett was on the call
[01:21:11.040 --> 01:21:19.040]  and listening to the judge or the judges be real, be little and such like.
[01:21:19.040 --> 01:21:24.040]  And you've got to have what are my facts for the appeal?
[01:21:24.040 --> 01:21:35.040]  You know, I know he threatened sanctions. If I litigate further, that's me as a distinct threat.
[01:21:35.040 --> 01:21:52.040]  What are your thoughts really for, you know, going, I know you've said that I have the right to appeal because this, they keep treating that as a claim and residue to Carter when there was only one question before the court which needs clarification.
[01:21:52.040 --> 01:21:59.040]  But how do I frame the points for this appeal?
[01:21:59.040 --> 01:22:18.040]  We only have one point. You're claiming that the judge misapplied the facts, the law to the facts when he considered issues that weren't before the court.
[01:22:18.040 --> 01:22:41.040]  The only issue before the court was, does the statute mean what it says? That if a person promises that they, when the original document is requested, they're required to present it and the lawyer promised to present it,
[01:22:41.040 --> 01:22:52.040]  I mean, full well he wasn't going to present it, he lied to the court. Does he have a duty to present it according to statute or not? That's the only thing before the court.
[01:22:52.040 --> 01:23:10.040]  Whether or not there were other issues is irrelevant. Well, maybe not exactly irrelevant because the opposing party wanted to lie to them right now and say, oh, she's just trying to rehash. This has already been decided.
[01:23:10.040 --> 01:23:21.040]  She just wants her house back. She's being vexatious and they're bringing all this up, making it look like she's talking about things that were resjudicated already decided and she wasn't.
[01:23:21.040 --> 01:23:30.040]  She was very specific to stay unfocused and she did great with not drifting off into any of that stuff that had already been decided. She was super focused.
[01:23:30.040 --> 01:23:47.040]  But they tried to make it appear that she wasn't because they were arguing about stuff that was resjudicated, which is out of line for them and it was out of line for the judge because it wasn't in any of the paperwork before him.
[01:23:47.040 --> 01:23:53.040]  Did the judge address stuff that wasn't before him?
[01:23:53.040 --> 01:24:06.040]  Yeah, he kept saying everything's resjudicated because that's all they keep bringing up, that I'm just rehashing other litigation and I wasn't. That was the one question. Does the statute mean what it says?
[01:24:06.040 --> 01:24:11.040]  So that should get a judicial conduct complaint against the judge.
[01:24:11.040 --> 01:24:21.040]  Well, talking and speaking about that, I found something today. This is in Washington and I'm looking for similar things in California.
[01:24:21.040 --> 01:24:43.040]  The state supreme court rejected a judge's first amendment defense in its opinion in the matter of EILA, EILAR, writing that judges do not have a right to use word, meaning, and condescending speech towards litigants.
[01:24:43.040 --> 01:25:01.040]  A judge has no first amendment rights to belittle and berate litigants in her courtroom is what the Washington Supreme Court ruled in ordering that a state district judge be suspended for five days without pay.
[01:25:01.040 --> 01:25:02.040]  Wow.
[01:25:02.040 --> 01:25:04.040]  Exactly what these judges did.
[01:25:04.040 --> 01:25:23.040]  Send me that. If California has not addressed that issue, you can bring it into the California court on good faith and what's the term Brett?
[01:25:23.040 --> 01:25:50.040]  We're a one legislature or one court full faith and credit. That's exactly it. Where one legislature or court has addressed an issue that this court hasn't addressed under full faith and credit, you can bring that into this court as advisory information.
[01:25:50.040 --> 01:25:54.040]  And absolutely bring that.
[01:25:54.040 --> 01:26:14.040]  I thought this would be very good for Ted, a scholar who called in because he's constantly going through this. And, you know, they bought up in this case about the judicial canons of ethics and this particular judge had many instances where they bought in what she berated people.
[01:26:14.040 --> 01:26:25.040]  And I felt that I was berated and belittled in this appellate court hearing, not in the lower court, but I was in this appeal court hearing.
[01:26:25.040 --> 01:26:45.040]  Well, that'll be good to file a judicial complaint against the appellate court. They won't like that one little bit.
[01:26:45.040 --> 01:27:00.040]  What struck me the most is the one who was leaning back in his chair, appearing from his visual appearance, he was very bored and was not paying attention.
[01:27:00.040 --> 01:27:18.040]  He was playing with something in his, with a pencil or something in his hand, twiddling something around. And as he's turning sideways, he doesn't even have his head toward the screen, kicking his feet up. It was very clear that he'd rather be golfing or doing anything else.
[01:27:18.040 --> 01:27:22.040]  So it didn't seem to me that was respectful.
[01:27:22.040 --> 01:27:26.040]  Brett, you should file a complaint against him.
[01:27:26.040 --> 01:27:28.040]  Because I saw it.
[01:27:28.040 --> 01:27:32.040]  You were insulted by it.
[01:27:32.040 --> 01:27:36.040]  Yeah, as a matter of fact, I'm feeling pretty offended right now.
[01:27:36.040 --> 01:27:39.040]  Don't you would be.
[01:27:39.040 --> 01:27:49.040]  That'll hurt him even more, especially with using these Zoom when you get people all over the country come in and stay in here.
[01:27:49.040 --> 01:28:02.040]  Well, I'll send you this case on this, you know, no first amendment right to belittle and break, because it really is very pointed as to what they do.
[01:28:02.040 --> 01:28:14.040]  And, you know, this judge, all they just, they kept talking over me. They never, they did not want to let me speak, whereas they never interrupted the attorney for the other side, not once.
[01:28:14.040 --> 01:28:23.040]  They let her bring in another case that wasn't, you know, in the papers.
[01:28:23.040 --> 01:28:26.040]  Did you object to that?
[01:28:26.040 --> 01:28:30.040]  I didn't get really a chance. You never let me speak.
[01:28:30.040 --> 01:28:36.040]  But I'd like to bring it into the appeal.
[01:28:36.040 --> 01:28:40.040]  So, okay, this is the appellate court. So now you're going to the CERC.
[01:28:40.040 --> 01:28:46.040]  I'm going to the California Supreme Court.
[01:28:46.040 --> 01:28:52.040]  And he threatened with sanctions if I kept litigating. He said, this has got to end.
[01:28:52.040 --> 01:29:06.040]  Well, he can't threaten that sanction to sanction in this litigation. He's threatening if you file new litigation, not appealing his ruling.
[01:29:06.040 --> 01:29:13.040]  Yes, this is the same litigation. So that was only from new, new, new filings.
[01:29:13.040 --> 01:29:27.040]  But it, it failed to me that he was, you know, the way he wrote it in the, you know, the order that it was like, don't you dare appeal. That's the way.
[01:29:27.040 --> 01:29:36.040]  Then charging with obstruction and witness tampering. Because in this case, that's already before the court.
[01:29:36.040 --> 01:29:46.040]  You felt he was threatening you if you continue to appeal what you consider to be bad decisions, charging with witness tampering.
[01:29:46.040 --> 01:29:52.040]  I'll get his attention. Hang on, Randy Kelton, Brett Fountain, we'll radio our calling number.
[01:29:52.040 --> 01:30:00.040]  I won't give that out. We're running out of time. We'll be right back.
[01:30:00.040 --> 01:30:10.040]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
[01:30:10.040 --> 01:30:16.040]  But now researchers say we can add stress to the list. I'm Dr. Kaepernal Brecht, back with details in a moment.
[01:30:16.040 --> 01:30:22.040]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
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[01:30:27.040 --> 01:30:32.040]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:32.040 --> 01:30:42.040]  Privacy, it's worth hanging on to. This message is brought to you by startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[01:31:21.040 --> 01:31:31.040]  I'm Dr. Kaepernal Brecht for startpage.com, the world's most private search engine.
[01:31:31.040 --> 01:31:37.040]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:37.040 --> 01:31:44.040]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
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[01:31:47.040 --> 01:31:50.040]  Thousands of my fellow first responders have died.
[01:31:50.040 --> 01:31:51.040]  I'm not a conspiracy theorist.
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[01:32:20.040 --> 01:32:26.040]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
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[01:32:32.040 --> 01:32:36.040]  that will help you understand what due process is and how to hold courts to the rule of law.
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[01:33:25.040 --> 01:33:37.040]  Okay, we are back.
[01:33:37.040 --> 01:33:43.040]  Randy Kelton, Brett Fountain, Rule Law Radio, and we're talking to Tina in California.
[01:33:43.040 --> 01:33:53.040]  Okay, if the judge said something that would have the effect of chilling your access to the court,
[01:33:53.040 --> 01:33:58.040]  I would take that real serious.
[01:33:58.040 --> 01:34:01.040]  That's the way I felt when I read that letter.
[01:34:01.040 --> 01:34:04.040]  It was like, you know, my heart sank and thinking,
[01:34:04.040 --> 01:34:11.040]  he's, you know, really telling me, don't you dare go forward with it.
[01:34:11.040 --> 01:34:19.040]  So that should get a complaint to the State Commission on Judicial Conduct.
[01:34:19.040 --> 01:34:26.040]  That'll hurt his feelings, but it's also likely you'll make him a lot more careful.
[01:34:26.040 --> 01:34:29.040]  As it should.
[01:34:29.040 --> 01:34:37.040]  I also found something today too, an example, gave examples of abuse of discretion in California,
[01:34:37.040 --> 01:34:43.040]  and it says abuse of discretion occurs when the trial judge makes a ruling that is arbitrary or absurd.
[01:34:43.040 --> 01:34:56.040]  One of the examples that Jay thought really fit my case and others is making flawed rulings on evidence that stifle one side's right.
[01:34:56.040 --> 01:34:59.040]  Stifle.
[01:34:59.040 --> 01:35:03.040]  Mm-hmm.
[01:35:03.040 --> 01:35:05.040]  Sounds good.
[01:35:05.040 --> 01:35:13.040]  So just got to kind of find a way to fit it in, and anyway, this is good to what we've just discussed here.
[01:35:13.040 --> 01:35:15.040]  I'll let you go to other callers in tomorrow.
[01:35:15.040 --> 01:35:19.040]  If you need me on, I'll discuss that.
[01:35:19.040 --> 01:35:27.040]  A place where I found ways to get to help writing things that is affordable for people on this call.
[01:35:27.040 --> 01:35:31.040]  Oh yes, we definitely want to talk about that.
[01:35:31.040 --> 01:35:34.040]  Contractors who will write your documents for you.
[01:35:34.040 --> 01:35:36.040]  Yes.
[01:35:36.040 --> 01:35:39.040]  Okay, thank you very much, Tina.
[01:35:39.040 --> 01:35:45.040]  Okay, now we're going to go to John in New York. Hello, John.
[01:35:45.040 --> 01:35:51.040]  Hello. Hi, Randy. I have two items and they're both very short.
[01:35:51.040 --> 01:35:53.040]  And one is an update.
[01:35:53.040 --> 01:35:56.040]  So that means you'll only take two hours.
[01:35:56.040 --> 01:36:00.040]  No, here we go. I've never been late with a credit card payment ever.
[01:36:00.040 --> 01:36:04.040]  I've never, ever been late with a credit card payment my whole life.
[01:36:04.040 --> 01:36:12.040]  This particular credit card debt I told you about is from 2008 when the card was shut down, I shut it down.
[01:36:12.040 --> 01:36:16.040]  And I've been paying on it ever since, making minimum payments.
[01:36:16.040 --> 01:36:25.040]  Now this month, June 5th, this will be the third credit card payment that I have not made ever, third in a row.
[01:36:25.040 --> 01:36:34.040]  And the credit card company is all in a tizzy. Five times a day they use a robo-caller dialer with a pre-recorded message.
[01:36:34.040 --> 01:36:42.040]  So after the robo-caller dialer comes on with that pre-recorded message, then a live person comes on and wants to talk to me.
[01:36:42.040 --> 01:36:47.040]  And so far, I have a reason I have never answered.
[01:36:47.040 --> 01:36:54.040]  I'm recording their calls right off the answering machine to prove that they're really calling five times a day.
[01:36:54.040 --> 01:36:58.040]  Now today they happen to call six times a day.
[01:36:58.040 --> 01:37:05.040]  Now I checked with two law firms that handle consumer credit card telephone complaints and debts.
[01:37:05.040 --> 01:37:10.040]  And according to them, five calls a day is not harassment.
[01:37:10.040 --> 01:37:14.040]  Now why don't I trust that? Roughly how long?
[01:37:14.040 --> 01:37:19.040]  Also, now here's my question. Five calls a day to me is harassment.
[01:37:19.040 --> 01:37:26.040]  Roughly how long will the credit card company keep calling me before they file a lawsuit in court against me?
[01:37:26.040 --> 01:37:31.040]  And what about that harassment business?
[01:37:31.040 --> 01:37:38.040]  It doesn't matter whether the courts feel that that's harassment or not.
[01:37:38.040 --> 01:37:43.040]  If you make the claim, they have to adjudicate the claim.
[01:37:43.040 --> 01:37:49.040]  And it'll cost them more to adjudicate the claim than what the card is worth and what's debt is.
[01:37:49.040 --> 01:37:53.040]  Uh-huh. So what would you suggest?
[01:37:53.040 --> 01:38:03.040]  If you can call them in to do a hard pull on your credit, that's a felony and that can definitely make it go away.
[01:38:03.040 --> 01:38:10.040]  Okay. Even the credit card company can't pull a hard pull on my credit?
[01:38:10.040 --> 01:38:14.040]  Once they start collections.
[01:38:14.040 --> 01:38:18.040]  So would you call what they're doing now, starting collections?
[01:38:18.040 --> 01:38:20.040]  Yes.
[01:38:20.040 --> 01:38:24.040]  So if they do a hard pull on my credit file, I've got them?
[01:38:24.040 --> 01:38:26.040]  Yep.
[01:38:26.040 --> 01:38:30.040]  Even if it's not a debt collector?
[01:38:30.040 --> 01:38:33.040]  I've talked to Deborah about that, but...
[01:38:33.040 --> 01:38:38.040]  How does he get them to pull, do a pull? What does that mean?
[01:38:38.040 --> 01:38:44.040]  If they really do that, they do a hard pull on your credit and it marks your credit.
[01:38:44.040 --> 01:38:49.040]  Right. But how are you saying that he might entice them to do that? What is that? I've never...
[01:38:49.040 --> 01:38:55.040]  Well, just, I'm not sure when and why they do a hard pull.
[01:38:55.040 --> 01:38:59.040]  Deborah would know more about that than me. I'm not really the credit guy.
[01:38:59.040 --> 01:39:03.040]  Oh, I can tell you why. I was a debt collector.
[01:39:03.040 --> 01:39:08.040]  I can tell you why they do a hard pull or why they pull your credit file.
[01:39:08.040 --> 01:39:15.040]  They do a pull on your credit file to see how many debts you have, to see if you're worthwhile going after.
[01:39:15.040 --> 01:39:24.040]  And if you're not worthwhile, if you've got a string of what we used to call derogatory financial information,
[01:39:24.040 --> 01:39:31.040]  you lost a credit card over here and you welched down a loan over there.
[01:39:31.040 --> 01:39:37.040]  You repossessed twice and now you're not a good risk.
[01:39:37.040 --> 01:39:43.040]  So they wouldn't go after you in court because you probably have nothing to draw on.
[01:39:43.040 --> 01:39:48.040]  They've got nothing to sue. So they get a judgment, but it's worthless.
[01:39:48.040 --> 01:39:56.040]  So that's why they would pull your credit file or rather do a hard pull on your credit file.
[01:39:56.040 --> 01:40:01.040]  Okay. And in your case, they're likely to do that.
[01:40:01.040 --> 01:40:09.040]  Oh, yeah. So just with Equifax, TransUnion, and what's I can never remember the third one.
[01:40:09.040 --> 01:40:11.040]  Equifax, TransUnion.
[01:40:11.040 --> 01:40:13.040]  Experian. Yeah, Experian.
[01:40:13.040 --> 01:40:14.040]  Experian.
[01:40:14.040 --> 01:40:20.040]  Okay. So now we got that. Now, how long are they going to keep calling me before they file a lawsuit?
[01:40:20.040 --> 01:40:26.040]  There's no way to tell. Yeah, you sue them first for harassment.
[01:40:26.040 --> 01:40:28.040]  Okay.
[01:40:28.040 --> 01:40:38.040]  And that way, the only thing they can do is a counterclaim or, I don't know if they can even do a counterclaim in a case like this.
[01:40:38.040 --> 01:40:40.040]  Do your research.
[01:40:40.040 --> 01:40:49.040]  Criminal, start criminal harassment and then they see you do a counterclaim for a civil that, well, he didn't pay.
[01:40:49.040 --> 01:40:55.040]  No matter if they win in the end or not, you get to cost them more money.
[01:40:55.040 --> 01:41:09.040]  You ask them, you know, you're sensitive, you're ill and you're old and decrepit and this is causing you extreme emotional distress and so big time.
[01:41:09.040 --> 01:41:21.040]  They're going to win in the end, but they'll lose in attorney fees and the first time an attorney responds for him, you bargle with the attorney.
[01:41:21.040 --> 01:41:26.040]  At the end of the day, it's not about the law, it's about the politics.
[01:41:26.040 --> 01:41:28.040]  You mess with me?
[01:41:28.040 --> 01:41:31.040]  I'll cost you a fortune.
[01:41:31.040 --> 01:41:35.040]  I want you known as to close a from hell.
[01:41:35.040 --> 01:41:40.040]  Anything else you can throw in for me to be aware of?
[01:41:40.040 --> 01:41:47.040]  Not that I can think offhand, but then I'm not the credit guy, so I'm not as up on all the details.
[01:41:47.040 --> 01:41:52.040]  Did you ask them for a full accounting of debt?
[01:41:52.040 --> 01:41:56.040]  Oh, no, no, I haven't answered them.
[01:41:56.040 --> 01:41:57.040]  I haven't written to them.
[01:41:57.040 --> 01:41:58.040]  I haven't done anything.
[01:41:58.040 --> 01:42:00.040]  And there's a reason for that.
[01:42:00.040 --> 01:42:02.040]  I like keeping them in the dark.
[01:42:02.040 --> 01:42:12.040]  And because I know what they're doing and I think it's more advantageous for me to keep them in the dark.
[01:42:12.040 --> 01:42:14.040]  Maybe I don't live here anymore.
[01:42:14.040 --> 01:42:17.040]  Maybe, you know, and so forth.
[01:42:17.040 --> 01:42:21.040]  Okay, you may be right, but your phone is still answering.
[01:42:21.040 --> 01:42:24.040]  I mean, it shows to still be a good phone number.
[01:42:24.040 --> 01:42:25.040]  Right, right.
[01:42:25.040 --> 01:42:26.040]  Yeah, that makes sense.
[01:42:26.040 --> 01:42:27.040]  Yeah, that's true.
[01:42:27.040 --> 01:42:32.040]  Yeah, but they haven't verified any, when a debt collector calls, they have to verify the debt.
[01:42:32.040 --> 01:42:39.040]  They have to verify you as the debtor first, that they have the right person, otherwise they can't receive.
[01:42:39.040 --> 01:42:46.040]  So, assume and charge them with harassment and ask for restraining order.
[01:42:46.040 --> 01:42:48.040]  Hmm, okay.
[01:42:48.040 --> 01:42:50.040]  Well, the calls don't bother me.
[01:42:50.040 --> 01:42:53.040]  I'm used to it, you know, because I used to make the call.
[01:42:53.040 --> 01:43:00.040]  No, no, no, the calls cause you extreme emotional distress.
[01:43:00.040 --> 01:43:01.040]  Oh, that's right.
[01:43:01.040 --> 01:43:02.040]  I just remembered that.
[01:43:02.040 --> 01:43:03.040]  You're correct.
[01:43:03.040 --> 01:43:05.040]  Yes, you are.
[01:43:05.040 --> 01:43:06.040]  You're old, John.
[01:43:06.040 --> 01:43:08.040]  We have to remind you.
[01:43:08.040 --> 01:43:10.040]  You forget that important stuff.
[01:43:10.040 --> 01:43:14.040]  It disturbs you so much, you almost lost your dentures.
[01:43:14.040 --> 01:43:15.040]  That's right.
[01:43:15.040 --> 01:43:17.040]  Hey, don't talk about losing my dentures.
[01:43:17.040 --> 01:43:18.040]  That's not funny.
[01:43:18.040 --> 01:43:20.040]  I'm sitting in Austin with us.
[01:43:20.040 --> 01:43:22.040]  I'm not playing where we found them.
[01:43:22.040 --> 01:43:28.040]  I'm sitting here in Austin at a restaurant with Mary Crinnick right on the river.
[01:43:28.040 --> 01:43:32.040]  And I sneezed in my teeth bounced across the table.
[01:43:32.040 --> 01:43:35.040]  Oh, that could be a problem.
[01:43:35.040 --> 01:43:40.040]  That's a problem.
[01:43:40.040 --> 01:43:41.040]  Anyway, okay.
[01:43:41.040 --> 01:43:42.040]  Do you have anything else?
[01:43:42.040 --> 01:43:45.040]  We're about to go to the sponsors.
[01:43:45.040 --> 01:43:46.040]  Okay.
[01:43:46.040 --> 01:43:50.040]  When I come back, I'll have 90 seconds for actually two minutes.
[01:43:50.040 --> 01:43:52.040]  The next lost flag.
[01:43:52.040 --> 01:43:53.040]  Hang on.
[01:43:53.040 --> 01:43:54.040]  We got to go.
[01:43:54.040 --> 01:44:23.040]  We'll be right back.
[01:44:24.040 --> 01:44:50.040]  We'll be right back.
[01:44:50.040 --> 01:44:57.040]  We'll be right back.
[01:45:20.040 --> 01:45:46.040]  We'll be right back.
[01:45:46.040 --> 01:46:12.040]  We'll be right back.
[01:46:12.040 --> 01:46:33.040]  Okay.
[01:46:33.040 --> 01:46:34.040]  We are back.
[01:46:34.040 --> 01:46:36.040]  Randy Kelton Brett Fountain Rural Radio.
[01:46:36.040 --> 01:46:42.040]  We're going to have probably John.
[01:46:42.040 --> 01:46:43.040]  Here we go.
[01:46:43.040 --> 01:46:45.040]  The little green men is coming.
[01:46:45.040 --> 01:46:52.040]  At the end of May of 2021, about a week ago, the Pentagon officially said if aliens got
[01:46:52.040 --> 01:46:58.040]  too close to our nuclear facilities, well, both them aliens could shut them down.
[01:46:58.040 --> 01:47:04.040]  Obama has recently spoken out on what will happen when there's alien disclosure.
[01:47:04.040 --> 01:47:09.040]  In other words, when the aliens is evading us.
[01:47:09.040 --> 01:47:16.040]  President Barack Hussein Obama says two results will occur when there's official alien disclosure.
[01:47:16.040 --> 01:47:20.040]  Number one, different religions will come up.
[01:47:20.040 --> 01:47:25.040]  What a smart guy he is to have known that obscure fact.
[01:47:25.040 --> 01:47:29.040]  Oh, Barack, anything to get rid of that nasty old Christianity.
[01:47:29.040 --> 01:47:34.040]  And number two will happen, we'll have to spend lots of money on defense.
[01:47:34.040 --> 01:47:36.040]  Yep, yep, you're not.
[01:47:36.040 --> 01:47:42.040]  I just watched a program without an old alien, but you must give us all your money.
[01:47:42.040 --> 01:47:43.040]  Yep, you guessed it.
[01:47:43.040 --> 01:47:49.040]  Much higher taxes, which by the way, seems to be a recurring theme whenever Democrats
[01:47:49.040 --> 01:47:50.040]  get into the government.
[01:47:50.040 --> 01:47:56.040]  Obama poo poo'd the alien existence before, what recently changed his tune?
[01:47:56.040 --> 01:47:59.040]  Could it be another false flag on the way?
[01:47:59.040 --> 01:48:01.040]  This time from outer space?
[01:48:01.040 --> 01:48:02.040]  Sure could be.
[01:48:02.040 --> 01:48:03.040]  So be ready.
[01:48:03.040 --> 01:48:07.040]  Remember, if aliens did arrive, they did so from light years away.
[01:48:07.040 --> 01:48:12.040]  With that kind of speed and technology, you actually think we're going to stand a chance
[01:48:12.040 --> 01:48:17.040]  using our tanks, cannons and jets that can only fly at 3,000 miles an hour.
[01:48:17.040 --> 01:48:18.040]  So get ready.
[01:48:18.040 --> 01:48:24.040]  The aliens is a common, but don't you worry, none folks, the Democrats will save you.
[01:48:24.040 --> 01:48:29.040]  But first, they have to jettison, they have to jettison and hijack your wallet.
[01:48:29.040 --> 01:48:34.040]  That's their next planned false flag that leads to thin the work.
[01:48:34.040 --> 01:48:46.040]  I just listened to a program about problems with aliens in Vietnam.
[01:48:46.040 --> 01:48:51.040]  And after World War II, the government had a policy of firing on them.
[01:48:51.040 --> 01:48:56.040]  And after trying that in Vietnam, they fired back and they changed their policy.
[01:48:56.040 --> 01:48:59.040]  We can't shoot at them anymore.
[01:48:59.040 --> 01:49:02.040]  So we won't be fighting them.
[01:49:02.040 --> 01:49:04.040]  It's already in the war.
[01:49:04.040 --> 01:49:05.040]  It's already done.
[01:49:05.040 --> 01:49:08.040]  Well, no, that's what they have in mind.
[01:49:08.040 --> 01:49:09.040]  Trust me.
[01:49:09.040 --> 01:49:14.040]  They've got that as one possibility is their next false flag.
[01:49:14.040 --> 01:49:19.040]  The notion of developing technology against them.
[01:49:19.040 --> 01:49:22.040]  I don't think they will be able to sell that to American public.
[01:49:22.040 --> 01:49:33.040]  If they exist, then the likelihood of us developing a defense against them is somewhere between zero and NARG.
[01:49:33.040 --> 01:49:37.040]  Well, I just thought I'd mention it to make people aware of it.
[01:49:37.040 --> 01:49:40.040]  And yes, do not get the vaccine.
[01:49:40.040 --> 01:49:47.040]  The more time goes on, the more they're finding out, the more countries are investigating.
[01:49:47.040 --> 01:49:53.040]  They have death and, of course, the mainstream media is not reporting it.
[01:49:53.040 --> 01:50:02.040]  There is an issue with flying after the vaccine that apparently all of the vaccines cause some form of blood clotting.
[01:50:02.040 --> 01:50:11.040]  And at certain altitudes and pressures, blood clotting, anyone prone to blood clotting, it's very dangerous for them.
[01:50:11.040 --> 01:50:14.040]  So they advise them not to fly.
[01:50:14.040 --> 01:50:23.040]  So now they're looking at if you've had the vaccine, you can't fly because it might cause a blood clot.
[01:50:23.040 --> 01:50:26.040]  It might aggravate the blood clotting issue.
[01:50:26.040 --> 01:50:31.040]  See, there's already a blood clotting issue with most people, especially older people that is sedentary.
[01:50:31.040 --> 01:50:38.040]  They've sit in the plane for six hours and their legs aren't moving so they can develop blood clots in the legs.
[01:50:38.040 --> 01:50:41.040]  And if those blood clots move, they're in trouble.
[01:50:41.040 --> 01:50:45.040]  That's exactly what happens in airplanes.
[01:50:45.040 --> 01:50:49.040]  Yeah, and that was what this story was about that we took.
[01:50:49.040 --> 01:50:55.040]  We got people to get these vaccines so they could fly now because they get the vaccines, they can't fly.
[01:50:55.040 --> 01:50:57.040]  Yeah, they're live submits.
[01:50:57.040 --> 01:50:59.040]  Okay, I need to move on.
[01:50:59.040 --> 01:51:02.040]  I got one more caller and only has segment.
[01:51:02.040 --> 01:51:03.040]  Okay, go ahead.
[01:51:03.040 --> 01:51:05.040]  Thank you, John.
[01:51:05.040 --> 01:51:06.040]  Thank you.
[01:51:06.040 --> 01:51:13.040]  Okay, now we're going to Lucas in Texas.
[01:51:13.040 --> 01:51:16.040]  Hello, Lucas.
[01:51:16.040 --> 01:51:17.040]  I think that's Texas.
[01:51:17.040 --> 01:51:19.040]  Where's 541?
[01:51:19.040 --> 01:51:21.040]  I don't know.
[01:51:21.040 --> 01:51:25.040]  He says Lucas Travis and I assumed that to mean Travis County.
[01:51:25.040 --> 01:51:28.040]  It might not be Travis County.
[01:51:28.040 --> 01:51:33.040]  And it looks like we've lost Lucas.
[01:51:33.040 --> 01:51:36.040]  Did you put him to sleep?
[01:51:36.040 --> 01:51:38.040]  Okay, so what, Brett?
[01:51:38.040 --> 01:51:40.040]  Did you put him to sleep?
[01:51:40.040 --> 01:51:43.040]  I have that effect on people.
[01:51:43.040 --> 01:51:50.040]  But since we've got a few minutes, Brett, you're putting together a lawsuit.
[01:51:50.040 --> 01:51:52.040]  I am.
[01:51:52.040 --> 01:51:53.040]  Slowly.
[01:51:53.040 --> 01:51:59.040]  I'm helping other people and somehow I keep on getting their urgent stuff in front of it.
[01:51:59.040 --> 01:52:02.040]  Okay, quick, quick problem.
[01:52:02.040 --> 01:52:05.040]  I've had two good lawsuits.
[01:52:05.040 --> 01:52:13.040]  Excuse me, that I never got to because I was helping other people.
[01:52:13.040 --> 01:52:16.040]  Don't let that happen to you.
[01:52:16.040 --> 01:52:19.040]  Well, the lawsuit is for Wood County.
[01:52:19.040 --> 01:52:24.040]  Some people that might have been listening have heard that name a time or two when I was going through there.
[01:52:24.040 --> 01:52:32.040]  And they had a traffic ticket situation for me and it turned into a long battle.
[01:52:32.040 --> 01:52:39.040]  I beat up their attorneys and judges and everybody over there for about eight months and then they finally law firm went away.
[01:52:39.040 --> 01:52:42.040]  I don't know what happened with them.
[01:52:42.040 --> 01:52:45.040]  And the judge dismissed the case.
[01:52:45.040 --> 01:52:53.040]  And then four months later, the county took it up and now the county wants to have their turn.
[01:52:53.040 --> 01:52:57.040]  And I took them all the way up the chain to the Texas Supreme.
[01:52:57.040 --> 01:53:14.040]  A little detour for the district attorney who got appointed as a temporary district attorney because she had this, some kind of, there's a whole lot of rumors going on about what happened in sexual,
[01:53:14.040 --> 01:53:19.040]  somebody made a sexual comment and lost his job and then she got to step up into it.
[01:53:19.040 --> 01:53:37.040]  So it was a little sketchy and it was, and I went to the senators and I said, I understand that you've got hurrying here as a temporary until you guys, what do you say, establish it?
[01:53:37.040 --> 01:53:39.040]  I have someone appointed.
[01:53:39.040 --> 01:53:40.040]  Yeah.
[01:53:40.040 --> 01:53:42.040]  The governor has to appoint.
[01:53:42.040 --> 01:53:53.040]  Yeah, the governor appoints, but it's only temporary until the senators approve it or they have certification or something that they have to do to make it established.
[01:53:53.040 --> 01:53:59.040]  Unless the people want an election.
[01:53:59.040 --> 01:54:12.040]  So I encouraged the senators to give the people an election and all of a sudden all these district attorney running, these people just running for district attorney popped up all over the place all of a sudden.
[01:54:12.040 --> 01:54:16.040]  I thought, well, that was cool.
[01:54:16.040 --> 01:54:22.040]  See all these political signs where they just poof, they had been nothing before.
[01:54:22.040 --> 01:54:35.040]  Yeah, we went through a lot of process of people trying to get this ticket, get this traffic ticket going against me.
[01:54:35.040 --> 01:54:45.040]  Well, I showed up in the Wood County Courthouse one day having seen that they, the county wants to revive this thing.
[01:54:45.040 --> 01:54:53.040]  I didn't even know what they were reviving. I didn't understand it. I'm looking at this. Why would Wood County want anything from me?
[01:54:53.040 --> 01:54:57.040]  And so I showed up at the Wood County Courthouse and I went to go see that magistrate.
[01:54:57.040 --> 01:55:03.040]  Well, it wasn't tying yet. They weren't ready. It was supposed to be next week and I went in early.
[01:55:03.040 --> 01:55:07.040]  I just wanted to see what the magistrate wanted. What is this matter?
[01:55:07.040 --> 01:55:16.040]  And while I started, I was on the ground floors when I walked in, so I started with the court clerk and I said, would you please give me the file?
[01:55:16.040 --> 01:55:21.040]  Well, I ended up with a lady who didn't know that she should just give me the file. She wanted to charge me for it.
[01:55:21.040 --> 01:55:30.040]  She was sitting in for somebody that went for a coffee and donuts. She didn't really know that, hey, if I'm the accused, you give me, you just let me look at the record.
[01:55:30.040 --> 01:55:38.040]  If I'm going to give you a copy, you don't charge me. I'm the defendant. I was supposed to get a copy anyway, so she didn't know that.
[01:55:38.040 --> 01:55:46.040]  She charged me for it and I got a receipt, which was beautiful because the receipt shows the number of pages and I'm holding these pages.
[01:55:46.040 --> 01:56:02.040]  One thing that's conspicuously missing is the warrant, the arrest warrant, a document that would show that an arrest warrant existed or had even been requested or anything, sworn affidavit and support.
[01:56:02.040 --> 01:56:13.040]  Well, the non-existent warrant is the one that they came and got me for. Standing in front of the magistrate's office, the secretary tells me, oh, she's not available.
[01:56:13.040 --> 01:56:21.040]  So I go out in the hallway to write a motion to stick into the file.
[01:56:21.040 --> 01:56:38.040]  While I'm standing in the hallway, sheriff's office, sheriff's deputies come up and arrest me on that warrant that didn't exist and I'm holding in my hot little hands proof that it doesn't exist just because that lady didn't know to not charge me.
[01:56:38.040 --> 01:56:50.040]  So I've got these officers acting like a bunch of punks and they take me, they refuse to take me back through that doorway and see the magistrate.
[01:56:50.040 --> 01:56:57.040]  I'm standing in the hallway and they refuse to take me down the hall. I know there's another magistrate right over there.
[01:56:57.040 --> 01:57:02.040]  Same hallway, don't have to do anything. He's right there.
[01:57:02.040 --> 01:57:09.040]  Nope, they put the cuffs on me. They took me to jail. So we went through this whole thing about examining trial.
[01:57:09.040 --> 01:57:29.040]  We got them balled up with disqualified judges and having to get replacements and then the people that they called in for replacement as soon as they announced the replacement, I have to disqualify them because, oops, I'm sorry, you couldn't find a judge that I haven't reported crimes about already.
[01:57:29.040 --> 01:57:38.040]  They're going to have to keep looking. So then they have to go get a different judge and it went like that all the way up to the Texas Supreme and that's where it stands right now.
[01:57:38.040 --> 01:57:47.040]  And they won't give me a speedy trial because if they do, they have to address everybody's crimes through those disqualified judges and it's a long chain.
[01:57:47.040 --> 01:57:57.040]  So are they going to do all that for a traffic ticket or they didn't even do an investigation to see if the headlights worked at that time of day?
[01:57:57.040 --> 01:58:03.040]  That's ridiculous. They're not going to do it. They're all in their own story there.
[01:58:03.040 --> 01:58:10.040]  Anyway, that's what the lawsuit's coming up to. It's a lot of civil rights violations.
[01:58:10.040 --> 01:58:19.040]  Something similar and not near as egregious prompted me to file a suit that's over a hundred million right now.
[01:58:19.040 --> 01:58:27.040]  And yours has got a lot more litigants and a lot more issues in it than mine does.
[01:58:27.040 --> 01:58:35.040]  But mine's over a hundred million because of what it represents and yours represents the same thing.
[01:58:35.040 --> 01:58:41.040]  Well, it is some more tomorrow night.
[01:58:41.040 --> 01:58:50.040]  Oh, we're out of time. Thank you all for listening. Good night.
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