[00:00.000 --> 00:06.740]  The following news flash is brought to you by the Lone Star Lowdown.
[00:06.740 --> 00:13.040]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.040 --> 00:21.320]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.320 --> 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 --> 00:52.400]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.400 --> 00:57.760]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.760 --> 01:04.760]  the 10 and injuring 40 today in history.
[01:04.760 --> 01:09.760]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hepin attacks
[01:09.760 --> 01:15.000]  his law back in June, county prosecutors around the state including Houston, Austin, San Antonio
[01:15.000 --> 01:19.120]  have been dropping marijuana possession charges and even refusing to file new ones since they
[01:19.120 --> 01:23.200]  are stipulating that they do not have the time or the lavatory equipment to test the
[01:23.200 --> 01:27.920]  ear for THC. Margaret Moore, the Travis County District Attorney announced earlier this
[01:27.920 --> 01:32.880]  month that she was dismissing 32 felony possession and delivery of marijuana cases because of
[01:32.880 --> 01:33.880]  the law.
[01:33.880 --> 01:37.600]  Mr. Abbott and other state officials, including the Attorney General stipulated in a letter
[01:37.600 --> 01:42.080]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 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, Cayma 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 --> 02:06.760]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.760 --> 02:10.760]  in Harris County who stated that, quote, the law is constantly changing on what makes
[02:10.760 --> 02:13.480]  something illegal based on its chemical makeup.
[02:13.480 --> 02:17.360]  It's important that if someone is charged with something, the test matches what they're
[02:17.360 --> 02:22.560]  charged with.
[02:22.560 --> 02:27.400]  A paper by Tulane University identified a five and a half inch American pocket shark.
[02:27.400 --> 02:32.320]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.320 --> 02:38.000]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.000 --> 02:39.480]  Pacific Ocean.
[02:39.480 --> 02:43.760]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.760 --> 02:50.040]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.040 --> 03:16.780]  clove.
[03:20.040 --> 03:32.040]  Bad boys, bad boys, what you gonna do, what you gonna do, when they come for you?
[03:32.040 --> 03:38.040]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:38.040 --> 03:43.040]  When you were eight and you had bad dreams, you go to school and learn the gold and the rules
[03:43.040 --> 03:46.040]  So why are you acting like a fluffy fool?
[03:46.040 --> 04:02.040]  And if you take it, I think I'm just cool! Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[04:02.040 --> 04:19.800]  Okay, howdy, howdy, Randy Calcom and Brett Fountain from the Law Radio on this Friday,
[04:19.800 --> 04:26.200]  the 20th day of August 2021.
[04:26.200 --> 04:28.400]  That wasn't the right year, wasn't it, Brett?
[04:28.400 --> 04:29.400]  You nailed it.
[04:29.400 --> 04:31.000]  Oh, I'm getting good.
[04:31.000 --> 04:35.200]  I need to take some more of my anti-Allsheimer stuff.
[04:35.200 --> 04:39.000]  That's not the potato tincture, is it?
[04:39.000 --> 04:43.240]  No, no, no, I wasn't doing potato tincture.
[04:43.240 --> 04:46.000]  That wouldn't be right.
[04:46.000 --> 04:51.560]  I'm doing peppermint snot tincture.
[04:51.560 --> 05:04.200]  Okay, Brett, you were saying that you were doing some surveys on the telegram site and
[05:04.200 --> 05:08.760]  that people wanted to know how to write criminal complaints.
[05:08.760 --> 05:15.560]  Yeah, the biggest vote was for affidavits and notices.
[05:15.560 --> 05:20.360]  But yeah, criminal complaints came as a close second.
[05:20.360 --> 05:27.560]  So yeah, I might just talk a little bit about affidavits, a little bit about notices.
[05:27.560 --> 05:31.520]  And I don't know if you want to go ahead and do that, or we can take some college first.
[05:31.520 --> 05:33.160]  What would you like?
[05:33.160 --> 05:34.160]  Let's start.
[05:34.160 --> 05:36.600]  I turned the phones on.
[05:36.600 --> 05:38.280]  Let's start with affidavits.
[05:38.280 --> 05:45.080]  All right, affidavits, don't do anything.
[05:45.080 --> 05:46.080]  They do nothing.
[05:46.080 --> 05:47.080]  There we go.
[05:47.080 --> 05:54.000]  I was going to say, in the Patriot community, they talk a lot about affidavits, and I remember
[05:54.000 --> 05:55.000]  Robert Fox.
[05:55.000 --> 05:57.280]  He was all into affidavits.
[05:57.280 --> 05:58.280]  Okay.
[05:58.280 --> 06:03.880]  All affidavits do is set facts on the record.
[06:03.880 --> 06:07.680]  Just make it a statement of here's what I say is true.
[06:07.680 --> 06:11.120]  You don't tell the judge to do anything.
[06:11.120 --> 06:22.360]  I had a guy in Austin a long time ago send me a lawsuit that he got from a debt collector.
[06:22.360 --> 06:24.880]  And I read it and the guy said, what do you think?
[06:24.880 --> 06:28.400]  And I said, they don't have a prayer.
[06:28.400 --> 06:29.920]  And he said, why not?
[06:29.920 --> 06:32.280]  I said, I don't know.
[06:32.280 --> 06:34.360]  They don't have one.
[06:34.360 --> 06:39.600]  They filed this lawsuit telling the judge what a no good rotten debt he was and how much
[06:39.600 --> 06:47.880]  money he owed him, but they didn't ask the judge to do anything.
[06:47.880 --> 06:54.360]  If you don't ask the judge to do something, he can't do anything.
[06:54.360 --> 07:00.320]  You have to move the court and an affidavit by itself doesn't move the court.
[07:00.320 --> 07:03.400]  That's not saying an affidavit is not valuable.
[07:03.400 --> 07:04.400]  Right.
[07:04.400 --> 07:07.760]  It has a lot of value as evidence.
[07:07.760 --> 07:08.760]  Exactly.
[07:08.760 --> 07:14.360]  Your purpose is to put the facts and the law on the record.
[07:14.360 --> 07:17.240]  That's your purpose in the trial court.
[07:17.240 --> 07:20.920]  And affidavit puts the facts on the record.
[07:20.920 --> 07:28.520]  And when a verified affidavit, verified meaning notarized, is filed with the court, the court
[07:28.520 --> 07:39.120]  must accept what is in the affidavit as true, not as prima facie.
[07:39.120 --> 07:43.240]  We explained difference between prima facie and true.
[07:43.240 --> 07:51.080]  You know, when you see prima facie is PRIMA, F-A-C-I-E.
[07:51.080 --> 07:56.880]  It means at first glance, at the first look, the way it first appears.
[07:56.880 --> 08:02.880]  And so we often take things at first glance and treat it as a certain way until we dig
[08:02.880 --> 08:07.160]  into it some more and find out whether it really is that way.
[08:07.160 --> 08:13.240]  So that's what's going on with certain kinds of evidence will be prima facie evidence.
[08:13.240 --> 08:17.360]  It means we'll take that until we have something better.
[08:17.360 --> 08:21.480]  We can act on this until we have something more solid.
[08:21.480 --> 08:22.480]  Yeah.
[08:22.480 --> 08:25.800]  And I think key word there is to...
[08:25.800 --> 08:29.760]  We'll accept that until we find something else that looks better.
[08:29.760 --> 08:30.760]  Yeah.
[08:30.760 --> 08:31.760]  Until...
[08:31.760 --> 08:33.280]  On the face of it.
[08:33.280 --> 08:34.280]  Mm-hmm.
[08:34.280 --> 08:40.960]  And then an affidavit is way on the other end of that spectrum of the weight of evidence.
[08:40.960 --> 08:42.560]  It's all the way on the weighty end.
[08:42.560 --> 08:45.160]  That's a heavy evidence.
[08:45.160 --> 08:48.520]  An affidavit is sworn under penalty of perjury.
[08:48.520 --> 08:52.240]  Somebody is putting their life and liberty and property on the line to say, this is the
[08:52.240 --> 08:54.680]  truth.
[08:54.680 --> 09:01.160]  I've got firsthand personal knowledge this is true and that's the best even within affidavits.
[09:01.160 --> 09:08.160]  And the only way to overcome that is you have to disprove it.
[09:08.160 --> 09:11.960]  You can't just say, well, this story sounds better than yours.
[09:11.960 --> 09:19.720]  They have to disprove your facts because the judge has to accept it's true.
[09:19.720 --> 09:22.200]  Mm-hmm.
[09:22.200 --> 09:29.440]  So maybe we should also talk about the kind of the little subset of situation where an
[09:29.440 --> 09:35.840]  affidavit actually does cause something to happen and that's not in the context of you're
[09:35.840 --> 09:40.040]  defending yourself in a criminal case, which is what we were just now talking about.
[09:40.040 --> 09:43.040]  But if...or even civil.
[09:43.040 --> 09:51.240]  But if you are writing a criminal complaint, a criminal complaint is a kind of affidavit.
[09:51.240 --> 09:57.160]  You're swearing that this is the truth, however, you're not necessarily a first-hand witness.
[09:57.160 --> 10:00.960]  So you may have at the top, it might say, instead of, this is the truth, it might say,
[10:00.960 --> 10:06.080]  I believe this is the truth, but, you know, Sputnik says, I have reason to believe and
[10:06.080 --> 10:08.920]  I do believe the following.
[10:08.920 --> 10:15.960]  But that affidavit, when given to a certain person who statutorily has a duty assigned
[10:15.960 --> 10:21.880]  to that person, then when you put that affidavit in their hand, you've invoked their lawfully
[10:21.880 --> 10:25.240]  imposed duty to act on it.
[10:25.240 --> 10:32.440]  So in that little niche of a context, the affidavit does cause something, it's just not
[10:32.440 --> 10:37.480]  in the way that we tend to think of affidavits, right?
[10:37.480 --> 10:48.640]  Yes, and that affidavit, the magistrate, when he reads the affidavit in support of the criminal
[10:48.640 --> 10:57.120]  complaint, he is also required to accept your statement as true.
[10:57.120 --> 11:03.400]  For the purpose of making a determination of probable cause, the judge doesn't say you're
[11:03.400 --> 11:12.040]  guilty or innocent or the magistrate, he says, if what this guy says is true, then there's
[11:12.040 --> 11:18.000]  reason to believe this other guy over here committed a crime, and that's all the magistrate
[11:18.000 --> 11:19.000]  does.
[11:19.000 --> 11:24.680]  He doesn't say the guy's guilty or innocent, just that there's sufficient cause here based
[11:24.680 --> 11:30.040]  on these stated facts to hold the person to stand and answer.
[11:30.040 --> 11:36.200]  Yes, and the magistrate has to know enough about the crime being accused that he could
[11:36.200 --> 11:40.800]  look at these statements of fact that are in the affidavit and say whether or not this
[11:40.800 --> 11:46.440]  goes to a real crime, because like, I could accuse you of frowning at me, and I could
[11:46.440 --> 11:52.480]  swear to it, and I could sign my name to it, and I put it in front of the magistrate, the
[11:52.480 --> 11:56.600]  magistrate takes that, he has a duty, it's been invoked, he has to check and see what
[11:56.600 --> 11:57.600]  about this.
[11:57.600 --> 12:03.360]  But then he looks at it and he says, well, I can't find any probable cause here because
[12:03.360 --> 12:10.400]  frowning is not lifted in our penal code, that's not a crime.
[12:10.400 --> 12:14.960]  So then he has to make a determination that there is no probable cause, that's not a crime,
[12:14.960 --> 12:15.960]  right?
[12:15.960 --> 12:21.800]  Yes, and that is the only purpose of the magistrate, that's the only purpose.
[12:21.800 --> 12:25.400]  That's what the magistrate does.
[12:25.400 --> 12:32.240]  His purpose is to stand between the policeman and the jailhouse door, because the policeman
[12:32.240 --> 12:41.720]  in his zeal to enforce crime will be prejudiced toward his beliefs that a crime has been committed.
[12:41.720 --> 12:51.400]  And so our legislators wanted someone to stand between the policeman and the jailhouse door
[12:51.400 --> 12:55.360]  who didn't have a dog in that hunt.
[12:55.360 --> 13:02.640]  Someone who, it didn't matter to them whether they got a good arrest or not, like it does
[13:02.640 --> 13:08.080]  to the policeman, a neutral party.
[13:08.080 --> 13:11.440]  So the affidavit would support a criminal complaint.
[13:11.440 --> 13:18.640]  You can either include it in the complaint itself or you can attach it.
[13:18.640 --> 13:24.480]  Another place in affidavit, what I like with affidavits, if you're going to file an affidavit,
[13:24.480 --> 13:33.160]  in order to give the affidavit a truth, a teeth, then you state the facts in the affidavit
[13:33.160 --> 13:39.280]  and then you state that your conclusion as to all of these facts, if it's a criminal
[13:39.280 --> 13:43.760]  complaint, then you state your conclusion that based on the above, I have reason to
[13:43.760 --> 13:50.240]  believe and do believe this person committed this crime in violation of this statute.
[13:50.240 --> 13:57.320]  If it's a civil issue, then you state based on the above, I have been harmed and I have
[13:57.320 --> 14:02.120]  been harmed in this amount, make me whole or be sued.
[14:02.120 --> 14:06.040]  That becomes a tort letter.
[14:06.040 --> 14:12.200]  An affidavit puts no duty on the recipient.
[14:12.200 --> 14:21.880]  A tort letter technically puts no duty on the recipient, but it sets a time at which you
[14:21.880 --> 14:27.000]  can sue them, especially if it's a governmental agency.
[14:27.000 --> 14:38.000]  The courts ask that you not use the courts as the remedy of first recourse, but that
[14:38.000 --> 14:46.200]  you use the courts as a remedy of last resort, but the only administrative remedy they ask
[14:46.200 --> 14:54.040]  you to exercise is notice an opportunity to cure, and you do notice an opportunity to
[14:54.040 --> 14:57.840]  cure in the form of a tort letter.
[14:57.840 --> 15:03.480]  An affidavit of fact based on the facts I've been harmed in this amount, make me whole
[15:03.480 --> 15:09.280]  or be sued.
[15:09.280 --> 15:14.960]  Brett, last night there was a problem with the phones.
[15:14.960 --> 15:17.280]  That's what I asked you.
[15:17.280 --> 15:19.840]  It wasn't the phones, it was a streaming server.
[15:19.840 --> 15:22.360]  Do you know if it's up today?
[15:22.360 --> 15:27.360]  I don't, I turned on the phone lines and I don't see anybody on the line, on the board.
[15:27.360 --> 15:33.760]  Well, the streaming server is working, let's see if I can see anything about the phones.
[15:33.760 --> 15:39.880]  Okay, maybe we can check it during the break, I'll make a call in and make sure it comes
[15:39.880 --> 15:42.880]  up on the board.
[15:42.880 --> 15:48.360]  If you have a question or comment, give us a call, we'll be taking your calls all night,
[15:48.360 --> 15:56.960]  and if you have other issues, okay, we wanted to address affidavits and then criminal complaints.
[15:56.960 --> 15:59.960]  Notices, people want to know about notices.
[15:59.960 --> 16:06.160]  So you were talking about a tort letter and that's one form of notice, maybe another would
[16:06.160 --> 16:13.920]  be a notice of claim and maybe another would be a judicial notice, so I'm not touching
[16:13.920 --> 16:15.240]  on that a little bit.
[16:15.240 --> 16:25.000]  Okay, a notice of claim is in fact a tort letter, they are the same thing.
[16:25.000 --> 16:31.640]  Notice of claim is I've been harmed, I've been harmed by this amount, and you have noticed
[16:31.640 --> 16:34.240]  an opportunity to cure.
[16:34.240 --> 16:40.440]  We'll pick this up on the other side, Randy Kelkin, Brett Fountain, we'll go to our radio,
[16:40.440 --> 16:51.480]  our call in number 512-646-1984, we'll have the phone lines on all night, hang on, we'll
[16:51.480 --> 17:00.360]  be right back when it gets to the break cause I went out too soon.
[17:00.360 --> 17:05.640]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[17:05.640 --> 17:09.160]  Stop debt collectors now with the Michael Mearris proven method.
[17:09.160 --> 17:13.480]  Michael Mearris has won six cases in federal court against debt collectors and now you
[17:13.480 --> 17:14.480]  can win two.
[17:14.480 --> 17:19.280]  You'll get step-by-step instructions in plain English on how to win in court using federal
[17:19.280 --> 17:20.280]  civil rights statutes.
[17:20.280 --> 17:24.640]  What to do when contacted by phones, mail, or court summons?
[17:24.640 --> 17:26.640]  How to answer letters and phone calls?
[17:26.640 --> 17:29.280]  How to get debt collectors out of your credit report?
[17:29.280 --> 17:33.920]  How to turn the financial tables on them and make them pay you to go away?
[17:33.920 --> 17:39.040]  The Michael Mearris proven method is the solution for how to stop debt collectors.
[17:39.040 --> 17:41.160]  Personal consultation is available as well.
[17:41.160 --> 17:46.720]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mearris banner
[17:46.720 --> 17:49.720]  or email Michael Mearris at yahoo.com.
[17:49.720 --> 17:57.400]  This is ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[17:57.400 --> 18:00.720]  To learn how to stop debt collectors next.
[18:00.720 --> 18:04.720]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[18:04.720 --> 18:08.360]  In today's America, we live in an us against them society and if we the people are ever
[18:08.360 --> 18:12.720]  going to have a free society, then we're going to have to stand and defend our own rights.
[18:12.720 --> 18:15.520]  Among those rights are the right to travel freely from place to place, the right to
[18:15.520 --> 18:19.680]  act in our own private capacity, and most importantly, the right to due process of law.
[18:19.680 --> 18:23.760]  The courts afford us the least expensive opportunity to learn how to enforce and preserve our
[18:23.760 --> 18:25.320]  rights through due process.
[18:25.320 --> 18:28.960]  Former Sheriff's Deputy Eddie Craig in conjunction with Rule of Law Radio has put together the
[18:28.960 --> 18:32.720]  most comprehensive teaching tool available that will help you understand what due process
[18:32.720 --> 18:35.120]  is and how to hold courts to the rule of law.
[18:35.120 --> 18:39.120]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[18:39.120 --> 18:40.440]  ordering your copy today.
[18:40.440 --> 18:43.720]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[18:43.720 --> 18:44.880]  The Law vs. the Lie.
[18:44.880 --> 18:49.840]  Video and audio of the original 2009 seminar, hundreds of research documents and other useful
[18:49.840 --> 18:50.840]  resource material.
[18:50.840 --> 18:54.520]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[18:54.520 --> 19:18.120]  For your copy today and together, we can have free society we all want and deserve.
[19:24.520 --> 19:52.880]  Okay, we are back, friends, y'all, and we're at Fountain Rule of Law Radio.
[19:52.880 --> 20:18.440]  We're at Fountain Rule of Law, Fountain Rule of Law, Fountain Rule of Law, Fountain
[20:18.440 --> 20:44.240]  Rule of Law.
[20:44.240 --> 20:56.240]  It's a little bit hard to do a timeline, and when people call in that have serious issues,
[20:56.240 --> 21:06.400]  I ask them to produce a timeline, and I realize how hard they are to produce, especially if
[21:06.400 --> 21:15.560]  it's an issue that you have a stake in, and you've been in it for a while, you have all
[21:15.560 --> 21:21.120]  these bad things happen to you, and in order to produce the timeline, you have to kind
[21:21.120 --> 21:28.840]  of go back and re-experience those by remembering them again, and it can be extremely difficult.
[21:28.840 --> 21:36.960]  When they were prosecuting me in Cherokee County, I was amazed at how incredibly difficult
[21:36.960 --> 21:44.280]  it was for me to start writing and working on documents.
[21:44.280 --> 21:52.080]  Once I got started, it got better, but I just dreaded having to address this because there
[21:52.080 --> 21:57.280]  was so much emotional content to it, it was extremely difficult, so I realized that creating
[21:57.280 --> 21:59.920]  a timeline is tough.
[21:59.920 --> 22:07.720]  You get past creating the timeline, everything gets easier from there, and if you're going
[22:07.720 --> 22:11.360]  to create a criminal complaint, it's a whole lot simpler.
[22:11.360 --> 22:18.160]  That's beast tag compared to a lawsuit, so as practice, you should all file some criminal
[22:18.160 --> 22:22.200]  complaints and bar grievances, and we'll get to bar grievances in a minute, because they're
[22:22.200 --> 22:30.720]  real similar, any professional conduct complaint, TECO complaint, American Medical Association
[22:30.720 --> 22:42.920]  complaint, you're just griping, but there's a structure to it.
[22:42.920 --> 22:47.640]  If you just call up and wham wham wham, they're not going to pay much attention to you, but
[22:47.640 --> 22:58.120]  if you contact them and hit them with facts and law, he did this in violation of this
[22:58.120 --> 23:06.040]  professional conduct standard, that has more teeth to it, and criminal complaints, all
[23:06.040 --> 23:13.600]  the complaints that you will file are essentially the same in structure, they just get more
[23:13.600 --> 23:17.600]  complex as you move up to civil.
[23:17.600 --> 23:24.160]  So just as a simple logistics step, first you need to find out what it is that you're
[23:24.160 --> 23:26.000]  going to put in your complaint.
[23:26.000 --> 23:29.640]  You know that somebody did something and it felt bad, but you don't know exactly what
[23:29.640 --> 23:35.360]  to find until you look at the crimes, you have to find the crime that matches, and you
[23:35.360 --> 23:40.720]  can read down through there, there's not that many of them, you can sit down and just find
[23:40.720 --> 23:48.920]  the crime that matches, and then you can copy and paste that specific crime, it says a person
[23:48.920 --> 23:53.840]  commits an offense if they do X, Y, and Z, so you grab that, you copy and paste, and
[23:53.840 --> 23:59.240]  you stick it into your statement that says, I have reason to believe and do believe that
[23:59.240 --> 24:07.720]  on such and such a date, this person in the county of whatever did X, Y, and Z, and so
[24:07.720 --> 24:14.120]  whatever is the statement that describes what the crime is, turn it into a past tense statement
[24:14.120 --> 24:20.760]  and say this person did it, then you go down and put facts and go to it.
[24:20.760 --> 24:32.840]  Look carefully at the crime because the statute itself will name the elements, murder, there
[24:32.840 --> 24:39.920]  had to be a dead guy, there had to be reason to believe somebody was dead, and had to have
[24:39.920 --> 24:45.680]  reason to believe that that person was killed and didn't die of natural causes, or if he
[24:45.680 --> 24:49.760]  did die of natural causes, somebody else put him in a position where he would die of those
[24:49.760 --> 25:00.360]  natural causes, and this is all, the law, when they write it, they put in a set of elements
[25:00.360 --> 25:08.800]  and then in real time, in the real world, the courts, they deal with all of those little
[25:08.800 --> 25:15.080]  things in between that the legislature couldn't include in the statute, and that's what
[25:15.080 --> 25:23.920]  the case law is for, so first thing you look at are all of the elements, you have to address
[25:23.920 --> 25:31.240]  each one of those, now some of them, a good portion of them only have one or two elements,
[25:31.240 --> 25:37.760]  that's the nature of a crime, disorderly conduct, that's not a good one because I think it
[25:37.760 --> 25:46.040]  has several requirements, if you say something or do something, that would tend to cause
[25:46.040 --> 25:54.720]  an immediate breach of the peace, and you do that in public, and it has a list of things
[25:54.720 --> 26:01.920]  that amount to disorderly conduct, shooting a discharge in a firearm across the roadway,
[26:01.920 --> 26:08.400]  showing your anus or genitals in public, there's a whole list of those things, I was once charged
[26:08.400 --> 26:17.800]  with that years ago in a JP court, and I got in court and walked the officer down each
[26:17.800 --> 26:28.800]  one of those, did I discharge a firearm across a highway or a train track, did I make vulgar
[26:28.800 --> 26:35.240]  statements in public, did I display my anus and genitals in public, I made him say no
[26:35.240 --> 26:43.600]  to every single one of them, that was great fun, but there had to be at least one of those
[26:43.600 --> 26:49.320]  elements that there was no crime, and he said no to all of them, and then I moved the judge
[26:49.320 --> 26:57.000]  to dismiss, for lack of a favorite state of claim, and the judge dismissed, but then the
[26:57.000 --> 27:04.000]  judge hated the bailiff who did that anyway, the bailiff ran against him and was such a
[27:04.000 --> 27:12.520]  no good lowdown scoundrel that the judge sued him, after the hearing the judge had disqualified
[27:12.520 --> 27:19.240]  himself, and they put in another judge, after the hearing the judge came to me and told
[27:19.240 --> 27:26.640]  me that the bailiff had been fired, and he represented himself as a bailiff, and he said
[27:26.640 --> 27:34.320]  you know he lied about being a bailiff on the stand don't you, and I said yeah I knew
[27:34.320 --> 27:40.200]  that, he said well you could have raised that in the court, I said I know, but it wasn't
[27:40.200 --> 27:46.400]  relevant to the crime because he was a bailiff when he arrested me, and besides if I had
[27:46.400 --> 27:52.880]  brought it up that would have given him opportunity to recant, now I can charge him with aggravated
[27:52.880 --> 28:03.280]  perjury, and the J.P. got a smile and he said Mr. Kelkin you can be a real scoundrel,
[28:03.280 --> 28:08.240]  the scoundrel is not exactly what he said, I can't beat that on the radio, I said yeah
[28:08.240 --> 28:15.840]  I practice it, but he thought it was cool because this guy was not one of his buddies,
[28:15.840 --> 28:22.320]  but point is the officer made an allegation and arrested me based on that allegation,
[28:22.320 --> 28:28.360]  but then when he got in the court he couldn't testify to one of the elements, the reason
[28:28.360 --> 28:32.360]  he arrested me is because he threatened to, and I told him well mama this ain't the high
[28:32.360 --> 28:37.440]  school parking lot, if you're going to arrest somebody that's stuck out my arms get after
[28:37.440 --> 28:46.360]  it, I shouldn't have done that because he took me up on it, you learn these things as
[28:46.360 --> 28:54.880]  you go along, anyway, elements, you have to state all the elements, read what constitutes
[28:54.880 --> 29:05.800]  the, read what constitutes the crime carefully, and then I liked it to state the allegation
[29:05.800 --> 29:14.600]  in the verbiage of the statute, 3903 p.m. code, the officer exerted or purported to exert
[29:14.600 --> 29:22.200]  an authority he did not have, and in the process denied me in the full and free access to or
[29:22.200 --> 29:29.960]  enjoyment of right, those are the elements of official oppression, and you'll hear me
[29:29.960 --> 29:36.200]  on the radio, state it that way over and over, because that gives all the elements, hang
[29:36.200 --> 29:44.960]  on, back to our sponsors, I'm also a little early here, Brad, kind of bail me out here,
[29:44.960 --> 29:51.640]  don't let me tell people that in Austin, on the 28th, we're going to have a seminar,
[29:51.640 --> 29:59.000]  so everybody that's interested, ought to email Randy, Randy at RuralRadio.com, perfect.
[29:59.000 --> 30:06.360]  It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.360 --> 30:07.360]  affected our health?
[30:07.360 --> 30:11.400]  I'm Dr. Katherine Albrecht, and we'll be back in just a moment with new findings about
[30:11.400 --> 30:15.840]  how cell phones may actually alter our brain chemistry.
[30:15.840 --> 30:17.440]  Privacy is under attack.
[30:17.440 --> 30:21.840]  When you give up data about yourself, you'll never get it back again, and once your privacy
[30:21.840 --> 30:27.320]  is gone, you'll find your freedoms will start to vanish too, so protect your rights, say
[30:27.320 --> 30:30.760]  no to surveillance, and keep your information to yourself.
[30:30.760 --> 30:33.560]  Privacy, it's worth hanging on to.
[30:33.560 --> 30:37.920]  This public service announcement is brought to you by StartPage.com, the private search
[30:37.920 --> 30:41.400]  engine alternative to Google, Yahoo, and Bing.
[30:41.400 --> 30:44.920]  Start over with StartPage.
[30:44.920 --> 30:49.440]  Cell phones emit radio frequency energy, it's a fact, but whether it's dangerous to have
[30:49.440 --> 30:53.240]  a phone beaming this kind of radiation near your head has been disputed.
[30:53.240 --> 30:57.440]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.440 --> 31:01.720]  Well, now that generally the American Medical Association is confirming that cell phones
[31:01.720 --> 31:02.720]  affect brain chemistry.
[31:02.720 --> 31:08.320]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.320 --> 31:12.040]  to the cell phone antenna increases when the cell phone is on.
[31:12.040 --> 31:16.240]  While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:16.240 --> 31:17.240]  chances.
[31:17.240 --> 31:20.440]  I always keep the phone far from my body, and I use a corded headset.
[31:20.440 --> 31:25.200]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:50.440 --> 32:06.040]  Hello, Ghost Radio Network, welcomes a new show to our lineup for the new year.
[32:06.040 --> 32:12.320]  Scripture Talk with Nana will begin Wednesday, January 8th, from 8 to 10 p.m. Central Time.
[32:12.320 --> 32:17.760]  Our goal is in accord with Matthew 516, let your light so shine before men that they may
[32:17.760 --> 32:21.960]  see your good works and glorify your Father which is in heaven.
[32:21.960 --> 32:27.080]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:27.080 --> 32:32.320]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[32:32.320 --> 32:35.440]  to provoke unto love and good works.
[32:35.440 --> 32:39.840]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[32:39.840 --> 32:41.600]  one chapter per week.
[32:41.600 --> 32:46.680]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[32:46.680 --> 32:48.920]  Christian character development.
[32:48.920 --> 32:56.560]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January
[32:56.560 --> 33:00.960]  8th for an inspiring and motivating discussion of the Scriptures.
[33:00.960 --> 33:09.960]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:09.960 --> 33:23.960]  Yes, I got the warrant and I'm going to serve them to the head of government and prosecute
[33:23.960 --> 33:24.960]  them.
[33:24.960 --> 33:25.960]  Okay.
[33:25.960 --> 33:26.960]  What's that?
[33:26.960 --> 33:43.240]  Okay, we are back, Randy Kelton, Brett Fountain with Logos Radio and I just didn't occur to
[33:43.240 --> 33:51.960]  me to do some shameless self-promotion, but I am doing a seminar on the 28th.
[33:51.960 --> 33:58.080]  If you're interested in that, send me an email and I'll get you the folks who are setting
[33:58.080 --> 33:59.800]  it up.
[33:59.800 --> 34:11.240]  I did a preview Wednesday and had incredible response.
[34:11.240 --> 34:15.360]  People are awake and they're frustrated.
[34:15.360 --> 34:17.680]  They know they want to do things.
[34:17.680 --> 34:21.640]  They just don't have the details on how to do them.
[34:21.640 --> 34:30.320]  And in this seminar, we will start out by framing a whole different way of thinking about the
[34:30.320 --> 34:31.320]  legal system.
[34:31.320 --> 34:35.040]  If you've been listening to this show for a while, you've got a real good idea about
[34:35.040 --> 34:40.920]  what we're doing and where we're going, but I'll be going into things that I seldom get
[34:40.920 --> 34:50.280]  to on the radio show, mostly because they're too, on the one hand, too complex, but that's
[34:50.280 --> 34:52.360]  not really it.
[34:52.360 --> 34:58.120]  It takes a while to get them framed in a way that makes them make sense.
[34:58.120 --> 35:01.360]  We'll be able to do that in the seminar.
[35:01.360 --> 35:05.120]  And when you come out of there, you'll have a whole different way of thinking about these
[35:05.120 --> 35:09.680]  guys, about public officials.
[35:09.680 --> 35:16.760]  People call in the show and all the time they're speaking in terms that indicate that they
[35:16.760 --> 35:23.800]  believe public officials have all of these powers and abilities and that we have to deal
[35:23.800 --> 35:24.800]  with them.
[35:24.800 --> 35:31.240]  What we will try to do in the seminar is demonstrate that you're the one with powers and abilities
[35:31.240 --> 35:33.920]  and everybody answers to you.
[35:33.920 --> 35:39.520]  Once we get that, then we get people out there who can really land on these.
[35:39.520 --> 35:42.760]  We get more people like Brett.
[35:42.760 --> 35:46.360]  They do not want to see Brett coming.
[35:46.360 --> 35:50.400]  We need a hundred more Brett's out there.
[35:50.400 --> 35:51.800]  And this system will change itself.
[35:51.800 --> 35:55.520]  Okay, I'm going to stop shame this self-promotion.
[35:55.520 --> 35:59.600]  And back to, we were talking about affidavits.
[35:59.600 --> 36:05.040]  Yeah, we were getting into a special kind of affidavit, which is the criminal complaint.
[36:05.040 --> 36:07.440]  And we were talking about how we do that.
[36:07.440 --> 36:09.040]  How do you make a criminal complaint?
[36:09.040 --> 36:15.200]  And then you had given a little hint for people to start realizing that these different kinds
[36:15.200 --> 36:19.680]  of complaints are really essentially, structurally, they're the same thing.
[36:19.680 --> 36:27.200]  We're going to somewhere where they have a list of things that this person is not allowed
[36:27.200 --> 36:31.600]  to do, or in the case of, let's say, an attorney, you're doing a bar grievance, you go to find
[36:31.600 --> 36:35.460]  the rules that tell attorneys what they have to do or what they're not allowed to do.
[36:35.460 --> 36:38.920]  You copy and paste and you say, he did what he wasn't allowed to.
[36:38.920 --> 36:44.560]  Or you copy and paste and you say, he had to do, he was required to speak with candor
[36:44.560 --> 36:45.560]  before the court.
[36:45.560 --> 36:46.560]  But he didn't.
[36:46.560 --> 36:47.560]  He lied.
[36:47.560 --> 36:50.280]  So you just copy and paste.
[36:50.280 --> 36:57.160]  Those rules for lawyers are standards for professional conduct.
[36:57.160 --> 37:02.160]  Every profession has a set of standards for professional conduct.
[37:02.160 --> 37:04.480]  They call them different things.
[37:04.480 --> 37:08.680]  But if you live for standards of professional conduct for plumbers, they'll send you and
[37:08.680 --> 37:09.680]  you'll find it.
[37:09.680 --> 37:13.800]  These lawyers, doctors.
[37:13.800 --> 37:23.560]  And with this COVID issue, now we get to doctors and school board members.
[37:23.560 --> 37:27.280]  They all have standards.
[37:27.280 --> 37:33.680]  And all of their standards go to insurance.
[37:33.680 --> 37:39.800]  Always think, oh, if I file this complaint, they'll just throw it in the trash.
[37:39.800 --> 37:41.800]  Who cares?
[37:41.800 --> 37:46.160]  Yeah, of course they'll throw it in the trash.
[37:46.160 --> 37:51.400]  But those that scoundrels got this insurance agent out there who's a bigger scoundrel than
[37:51.400 --> 37:53.880]  they are.
[37:53.880 --> 37:58.800]  And he's just looking for a reason to charge them more money.
[37:58.800 --> 38:06.440]  We are always playing to the agent for their bond or their insurance.
[38:06.440 --> 38:10.960]  So we don't care what those guys do with it because we know the bond carrier or the
[38:10.960 --> 38:15.720]  insurance agent, he's going to do something really cool with it.
[38:15.720 --> 38:20.760]  I think Brad can testify to that.
[38:20.760 --> 38:27.560]  So the fact that they would throw it in the trash and that they would raise his insurance?
[38:27.560 --> 38:33.400]  Yeah, the fact that the agency will throw them in the trash, but they get somehow get
[38:33.400 --> 38:35.680]  real excited anyway.
[38:35.680 --> 38:39.000]  Oh, my goodness.
[38:39.000 --> 38:45.720]  It's just I'm remembering a friend of mine who I was telling him about one of the options
[38:45.720 --> 38:52.600]  he could consider is a bar grievance and he scribbled on some pamphlet or whatever he
[38:52.600 --> 38:55.040]  had in front of him at the time.
[38:55.040 --> 39:00.920]  He wrote down on the margin of it, state bar grievance.
[39:00.920 --> 39:10.120]  And it just so happens that later on when he was talking to his really lame attorney,
[39:10.120 --> 39:15.200]  he had hired this attorney before he knew really what was going on.
[39:15.200 --> 39:25.440]  And he got into a conversation with that attorney and the attorney saw that little note scribbled
[39:25.440 --> 39:27.160]  on the side of the paper.
[39:27.160 --> 39:29.160]  He went ballistic.
[39:29.160 --> 39:32.400]  Randy, he couldn't control himself anymore.
[39:32.400 --> 39:37.600]  His voice went up two octaves and he couldn't handle himself.
[39:37.600 --> 39:39.240]  He couldn't withdraw fast enough.
[39:39.240 --> 39:43.560]  He went running to the judge to try to do a motion to withdraw.
[39:43.560 --> 39:46.760]  And I told my friend, don't let him withdraw.
[39:46.760 --> 39:49.240]  You've got him under contract to do the job.
[39:49.240 --> 39:55.080]  And it was great to hear my friend recorded the conversation that he had a phone conversation
[39:55.080 --> 39:56.080]  with him.
[39:56.080 --> 39:57.080]  And it was just beautiful.
[39:57.080 --> 40:03.080]  He was saying, well, I feel like you're trying to run off with my money and leave my head
[40:03.080 --> 40:06.320]  on the chopping block.
[40:06.320 --> 40:13.600]  This guy was talking about bar grievances in terms of a sword to my neck, a dagger to
[40:13.600 --> 40:15.160]  my throat.
[40:15.160 --> 40:17.440]  He was talking about holding a gun to my head.
[40:17.440 --> 40:18.600]  I can't work like this.
[40:18.600 --> 40:20.080]  I can't work like this.
[40:20.080 --> 40:24.200]  He said, well, I just want you to do what I hired you to do.
[40:24.200 --> 40:27.280]  And then what, if I don't put a paperclip in the right place, you're going to grieve
[40:27.280 --> 40:28.280]  me?
[40:28.280 --> 40:29.280]  Oh, yeah?
[40:29.280 --> 40:40.120]  It really lets you have a good perspective of how they see these bar grievances.
[40:40.120 --> 40:45.840]  Yeah, and one bar grievance, your first year of practice, they'll cancel your malpractice
[40:45.840 --> 40:48.560]  insurance immediately.
[40:48.560 --> 40:52.000]  Two bar grievances, any one year of practice, they cancel.
[40:52.000 --> 40:56.480]  They'll cancel your law firm's malpractice insurance, and Brad has little experience
[40:56.480 --> 40:59.480]  with that.
[40:59.480 --> 41:03.280]  You haven't seen whole law firms disappear, actually.
[41:03.280 --> 41:08.960]  There was one little town out in the middle of nowhere, and whatever there, they had hired
[41:08.960 --> 41:15.600]  a city, a law firm to support the, to be the city attorney.
[41:15.600 --> 41:23.600]  Then I started asking the records requests for, how is a law firm hired exactly?
[41:23.600 --> 41:26.760]  How do you hire a fiction to be an employee?
[41:26.760 --> 41:31.360]  And I started asking these questions, and they'll always start buttoning in.
[41:31.360 --> 41:33.040]  And I started bar grieving them.
[41:33.040 --> 41:37.720]  And next thing you know, it's a different law firm answering.
[41:37.720 --> 41:41.160]  The first law firm is gone.
[41:41.160 --> 41:43.320]  Like not just one person.
[41:43.320 --> 41:45.760]  It was just one person, and then he doesn't work there anymore.
[41:45.760 --> 41:48.480]  And then it's the entire firm gone.
[41:48.480 --> 41:51.480]  They switched to a different company.
[41:51.480 --> 42:00.920]  That firm said, I'm out of here, and you've got to know the second firm knew why the first
[42:00.920 --> 42:03.520]  firm left.
[42:03.520 --> 42:07.600]  So they charged him enough to make up for what they pretty well knew Brett was going
[42:07.600 --> 42:08.600]  to do to him.
[42:08.600 --> 42:10.160]  They thought Brett was going to do to him.
[42:10.160 --> 42:16.640]  I think he gave them a firestorm they didn't anticipate.
[42:16.640 --> 42:20.160]  But that's, that's what we're about.
[42:20.160 --> 42:21.160]  We're prosaic.
[42:21.160 --> 42:30.760]  And this seminar is about one thing I wanted to call it, pro se from hell.
[42:30.760 --> 42:35.840]  This someone bought me that domain name.
[42:35.840 --> 42:36.840]  I've got it.
[42:36.840 --> 42:38.320]  I started building a website on it.
[42:38.320 --> 42:45.560]  I thought maybe it was a little bit too harsh, but at the end of the day, that's exactly
[42:45.560 --> 42:49.320]  what we're trying to create here.
[42:49.320 --> 42:54.440]  The pro se from hell and one of the things we demonstrate, and we try to demonstrate
[42:54.440 --> 43:02.000]  this on the show all the time, is that pro se litigants have powers and abilities far
[43:02.000 --> 43:06.760]  beyond those of mortal attorneys.
[43:06.760 --> 43:15.880]  We can do things that a lawyer would never dream of doing, like judicial conduct, complain
[43:15.880 --> 43:21.400]  to judge or file criminal charges against the judge, or estimate if to drag the judge
[43:21.400 --> 43:26.040]  off the bench and throw him in jail.
[43:26.040 --> 43:29.080]  You haven't done that at least once.
[43:29.080 --> 43:33.600]  You simply haven't lived ever.
[43:33.600 --> 43:39.360]  They ought to put that on their bucket list.
[43:39.360 --> 43:44.320]  Before I die, heck, I may even die in the process.
[43:44.320 --> 43:47.400]  The attorneys can't afford to do that because they've got to work with that judge and they
[43:47.400 --> 43:51.480]  can't afford to call him on his indiscretions.
[43:51.480 --> 43:54.760]  So it's up to us, you and me.
[43:54.760 --> 44:00.760]  We'll be right back.
[44:00.760 --> 44:05.360]  Through advances in technology, our lives have greatly improved, except in the area
[44:05.360 --> 44:06.760]  of nutrition.
[44:06.760 --> 44:11.520]  People feed their pets better than they feed themselves, and it's time we changed all that.
[44:11.520 --> 44:17.360]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[44:17.360 --> 44:22.600]  In a world where natural foods have been irradiated, adulterated, and mutilated, young
[44:22.600 --> 44:26.040]  Jevity can provide the nutrients you need.
[44:26.040 --> 44:30.680]  Logos Radio Network gets many requests to endorse all sorts of products, most of which
[44:30.680 --> 44:31.680]  we reject.
[44:31.680 --> 44:37.000]  We have come to trust young Jevity so much, we became a marketing distributor along with
[44:37.000 --> 44:39.840]  Alex Jones, Ben Fuchs, and many others.
[44:39.840 --> 44:46.120]  When you order from LogosRadioNetwork.com, your health will improve as you help support
[44:46.120 --> 44:47.120]  quality radio.
[44:47.120 --> 44:52.080]  As you realize the benefits of young Jevity, you may want to join us.
[44:52.080 --> 44:57.320]  As a distributor, you can experience improved health, help your friends and family, and
[44:57.320 --> 44:59.280]  increase your income.
[44:59.280 --> 45:06.280]  Thank you for watching Logos Radio Network, and I'll see you in the next video.
[45:29.280 --> 45:36.280]  Thanks for watching Logos Radio Network, and I'll see you in the next video.
[45:59.280 --> 46:06.280]  Logos Radio Network
[46:29.280 --> 46:38.080]  Alright, we are back.
[46:38.080 --> 46:44.920]  Rule of Law Radio, Randy Kelton, I'm Brett Fountain, and we're talking about bar grievances.
[46:44.920 --> 46:51.680]  We've been talking this evening so far about affidavits, and notices, and criminal complaints.
[46:51.680 --> 46:57.680]  It's kind of just the logistical how-to to get a criminal complaint.
[46:57.680 --> 47:03.040]  It's really the same as any other complaint, professional conduct complaint, in this case,
[47:03.040 --> 47:04.040]  being a bar grievance.
[47:04.040 --> 47:07.560]  If you're complaining about a lawyer, he has rules he has to follow.
[47:07.560 --> 47:11.640]  We're talking about how do we do that.
[47:11.640 --> 47:17.640]  So, we've got the American Bar Association.
[47:17.640 --> 47:21.720]  They've put out model rules, and that's a good place to start to get familiar with these,
[47:21.720 --> 47:30.160]  because most states, they've adopted these model rules, or most of them, so you are going
[47:30.160 --> 47:34.120]  to be bar-grieving somebody based on the state that you're in.
[47:34.120 --> 47:38.360]  If you're off in Ireland or something else, I'm sorry, too bad, you just need to go beat
[47:38.360 --> 47:39.360]  up your lawyer or something.
[47:39.360 --> 47:40.360]  I don't know.
[47:40.360 --> 47:50.960]  If you're in Ireland, I can almost guarantee you that while your standards may use different
[47:50.960 --> 47:56.360]  words, they will go to the exact same issues.
[47:56.360 --> 48:00.080]  Your lawyer never talks to you.
[48:00.080 --> 48:04.960]  Your lawyer fails to notice the judge that he's screwed up.
[48:04.960 --> 48:08.240]  Your lawyer lies to the court.
[48:08.240 --> 48:12.520]  Dirty Rotten Scoundrels are dirty Rotten Scoundrels, no matter where they're at.
[48:12.520 --> 48:15.280]  Even if they pronounce it improperly.
[48:15.280 --> 48:21.280]  All right, so to write up a bar-grieve, you go and look at these rules.
[48:21.280 --> 48:27.880]  You find the list of the things that a lawyer must do or may not do, and you find where
[48:27.880 --> 48:32.240]  the offensive behavior is in that list.
[48:32.240 --> 48:40.280]  And it'll come out being, like I was saying, so you've got the American Bar Association.
[48:40.280 --> 48:43.560]  They put out these model rules, but you're not going to bar-grieve based on the model
[48:43.560 --> 48:44.560]  rules.
[48:44.560 --> 48:47.640]  You're going to bar-grieve based on your local state rules, and you're going to bar-grieve
[48:47.640 --> 48:50.160]  with a certain rule number.
[48:50.160 --> 48:55.440]  You're going to say that in 4.04, that's the rule number.
[48:55.440 --> 49:00.280]  Well, let me make a comment here.
[49:00.280 --> 49:05.120]  When I looked at the American Bar Association model standards, there were about 12 chapters,
[49:05.120 --> 49:09.960]  but there were only three chapters we cared about.
[49:09.960 --> 49:15.520]  All the rest of them went to really esoteric, lawyer-to-lawyer stuff.
[49:15.520 --> 49:27.040]  The part of the bar that referred to the individuals was chapter 1, 2, 3, and 8, I believe.
[49:27.040 --> 49:30.720]  And when you go through them, it'll be real apparent.
[49:30.720 --> 49:37.680]  One section's about if you're selling a law firm, if you're retiring and you have a law
[49:37.680 --> 49:42.200]  firm, how you turn it over to someone else, all this stuff you really don't care about.
[49:42.200 --> 49:44.360]  That's 6 and 7.
[49:44.360 --> 49:49.120]  I don't find really anything interesting in 6 and 7, but I can pick out of any of the
[49:49.120 --> 50:00.240]  other ones, I can pick at least a couple of rules that are regularly violated by lawyers.
[50:00.240 --> 50:03.280]  You will find it read like a comic book.
[50:03.280 --> 50:04.280]  Yeah.
[50:04.280 --> 50:11.200]  You'll be giggling and laughing, I can't grieve him for that, oh goody.
[50:11.200 --> 50:13.720]  That's exactly what this lawyer did.
[50:13.720 --> 50:16.160]  You mean that's against his rules?
[50:16.160 --> 50:21.560]  So you just copy and paste it and you say, you know, like it says, a lawyer shall not
[50:21.560 --> 50:25.600]  knowingly offer or use evidence that the lawyer knows to be false.
[50:25.600 --> 50:32.160]  Well, boom, he offered or used evidence that he knew to be false.
[50:32.160 --> 50:33.160]  Done.
[50:33.160 --> 50:38.960]  So that is the statement and then from that you can derive, okay, you see the word knowingly
[50:38.960 --> 50:42.200]  in there, so you're going to have to make some kind of a bullet point statement that
[50:42.200 --> 50:46.920]  says that he knew about this, you have to make a bullet point that shows that he either
[50:46.920 --> 50:54.880]  offered or used that evidence and then you have to show that it was false.
[50:54.880 --> 51:03.400]  Those of you who are wondering how to write a grievance, I always write a grievance in,
[51:03.400 --> 51:11.520]  you know, the bar says, oh, don't quote the grievances or statutes or codes, okay, I write
[51:11.520 --> 51:17.480]  my grievance in the verbiage of the standard.
[51:17.480 --> 51:22.960]  And if you read, they'll shout, not do this, shout, not do that, shout, not do this, there.
[51:22.960 --> 51:26.400]  He did this, he did that, he did the other.
[51:26.400 --> 51:34.080]  It gives you a really well-structured format so that all you have to do is stick to specific
[51:34.080 --> 51:35.080]  facts here.
[51:35.080 --> 51:36.080]  Yeah.
[51:36.080 --> 51:41.040]  I don't care though, they say don't quote any stuff, I'll go ahead and I'll put the
[51:41.040 --> 51:42.040]  rule.
[51:42.040 --> 51:48.240]  I say rule number 3 is.03, subsection A, subsection 5 and I'll quote it in there too,
[51:48.240 --> 51:49.960]  not just cite it, I'll quote it.
[51:49.960 --> 51:54.640]  So they see it looks exactly like what I'm accusing him of doing, Jerome Paul Nighthart
[51:54.640 --> 51:59.040]  did knowingly offer or use evidence that he knew to be false.
[51:59.040 --> 52:04.520]  You're just being obnoxious.
[52:04.520 --> 52:07.680]  Let them complain if they want to, but I got tired of them saying it was just an inquiry,
[52:07.680 --> 52:09.680]  it didn't allege any violation of a rule.
[52:09.680 --> 52:11.960]  Fine, I'm sticking the rule right in front of you.
[52:11.960 --> 52:17.080]  You can't complain and say that's not alleging a violation of a rule, that's exactly alleging
[52:17.080 --> 52:19.520]  a violation of a rule.
[52:19.520 --> 52:27.720]  So I did cut down on the number of bar grievances I had to do of the bar review board themselves
[52:27.720 --> 52:34.680]  because if they send me something that says that I didn't allege a violation of a rule
[52:34.680 --> 52:38.920]  so they categorized it as an inquiry and dismissed it, well then I have to bar grieve the one
[52:38.920 --> 52:43.960]  who said that because they're incompetent, they're supposed to be able to read.
[52:43.960 --> 52:48.560]  That's rule 1.01.
[52:48.560 --> 52:57.160]  So read these codes, any questions you have about how to write agreements, just reading
[52:57.160 --> 52:59.760]  the codes will answer those questions for you.
[52:59.760 --> 53:09.240]  They will give you the exact formats and I have to tell you it is great fun because you
[53:09.240 --> 53:10.840]  know how bad it hammers them.
[53:10.840 --> 53:20.120]  I had a guy in Florida who was taking on a property tax issue and he had fought this
[53:20.120 --> 53:25.920]  lawyer for quite a while and they were almost finished and he got in an elevator and the
[53:25.920 --> 53:30.720]  lawyer stepped in with him and he was kind of concerned and he's thinking, this doesn't
[53:30.720 --> 53:32.440]  look good.
[53:32.440 --> 53:38.080]  And on the way down the lawyer told him that he's been doing this for 15 years and he's
[53:38.080 --> 53:46.360]  dealt with the best and he's dealt with the worst but he said, I have never had anyone
[53:46.360 --> 53:52.000]  take me to the books the way you have.
[53:52.000 --> 53:55.480]  You know, you're getting a fight with somebody in a high school parking lot and if they give
[53:55.480 --> 54:04.640]  you a good fight, you wind up if not liking one another developing respect for one another.
[54:04.640 --> 54:08.520]  That's what's going to happen here.
[54:08.520 --> 54:13.880]  When I go into a courthouse, most of the time they don't like me.
[54:13.880 --> 54:18.880]  I say most of the time, not all the time, but they respect me.
[54:18.880 --> 54:27.920]  I had someone file one of my documents in a small county in East Texas and the bailiff
[54:27.920 --> 54:35.440]  after the hearing came to him and said, do you know Randy Keltham?
[54:35.440 --> 54:36.440]  And he said, yeah, I do.
[54:36.440 --> 54:38.480]  He actually wrote these documents.
[54:38.480 --> 54:42.480]  The bailiff said, I thought so.
[54:42.480 --> 54:50.120]  When you see him, his name was Doug McClure, telling Doug McClure said hi.
[54:50.120 --> 54:57.880]  He was a bailiff in a case where they prosecuted me and he was so outraged at what they did
[54:57.880 --> 55:05.600]  and when they convicted me and put me in jail, this guy was the jailer.
[55:05.600 --> 55:11.160]  I said, Doug, what the heck are you doing here?
[55:11.160 --> 55:19.920]  He was so furious at them he quit being a bailiff and shifted to the jail and apparently
[55:19.920 --> 55:25.720]  he wouldn't be a bailiff somewhere else and he's shown up a couple of times.
[55:25.720 --> 55:35.120]  But I took him on and fought them and these guys had high respect for me.
[55:35.120 --> 55:41.600]  They will fight you when you're fighting them, but guys like somebody that gives them a good
[55:41.600 --> 55:49.320]  fight and we need that.
[55:49.320 --> 55:57.920]  Okay, so don't be bashful about writing these things and it's easy.
[55:57.920 --> 56:04.760]  Just read the code, if it's a bar grievance, if it's a TECO complaint, Texas Commission
[56:04.760 --> 56:15.560]  on Law Enforcement, if the officer does anything wrong, anything that appears to be improper,
[56:15.560 --> 56:22.000]  you can accuse TECO, the Texas Commission on Law Enforcement, of failing to properly
[56:22.000 --> 56:28.920]  train him and ask that they bring him back in and train him correctly.
[56:28.920 --> 56:33.680]  Well, that's the same as bar grieving him.
[56:33.680 --> 56:42.080]  And if you include with that a criminal complaint that's a sworn affidavit along with your complaint
[56:42.080 --> 56:53.080]  that he needs training, then you're also triggering their duty to act on that.
[56:53.080 --> 56:59.560]  This stings them and especially if it's well written.
[56:59.560 --> 57:06.160]  On the show we talk about a number of rules and those rules will guide you in producing
[57:06.160 --> 57:08.240]  well written documents.
[57:08.240 --> 57:15.640]  And probably the most important one is never make a proactive statement of law out of your
[57:15.640 --> 57:16.640]  own mouth.
[57:16.640 --> 57:20.840]  That dirty rotten scoundrel, he did this and he did that and I was wrong.
[57:20.840 --> 57:25.200]  He shouldn't have done that, the dirty rat, doesn't know how you say that.
[57:25.200 --> 57:33.200]  That dirty rotten scoundrel, he did this in violations 39.03 penal code.
[57:33.200 --> 57:37.000]  Never make a proactive statement of law out of your own mouth.
[57:37.000 --> 57:43.960]  He snake it out of the mouth of the legislature or the courts in case law.
[57:43.960 --> 57:51.240]  In Packer v. Walker, a judge has a duty to properly apply the law to the facts and he
[57:51.240 --> 57:52.240]  didn't do so.
[57:52.240 --> 57:53.240]  Throw him in jail.
[57:53.240 --> 57:57.240]  That makes sense for it.
[57:57.240 --> 57:58.240]  Yeah.
[57:58.240 --> 57:59.240]  Absolutely.
[57:59.240 --> 58:05.520]  And keep trying to call in, we're not sure if our phone lines are up yet.
[58:05.520 --> 58:10.720]  We're not going to know unless we get a call, so keep checking us out.
[58:10.720 --> 58:12.640]  Debra's working on it.
[58:12.640 --> 58:17.320]  There was something about a server issue that had to be taken care of, so I'm hoping she
[58:17.320 --> 58:18.320]  has it up soon.
[58:18.320 --> 58:29.080]  This is Randy Kelton, Brett Fountain, but in the meantime, I think seminar 28th of August
[58:29.080 --> 58:35.840]  is Austin, everybody needs to come, this is going to be a great party.
[58:35.840 --> 58:37.760]  Eight days for now.
[58:37.760 --> 58:39.800]  Okay, hang on.
[58:39.800 --> 58:43.760]  I still got nine seconds and I'm struggling here.
[58:43.760 --> 58:46.760]  We'll be right back.
[58:46.760 --> 58:50.400]  But you didn't run off the cliff.
[58:50.400 --> 58:54.520]  Would you like to make more definite progress in your walk with God?
[58:54.520 --> 58:59.720]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.720 --> 59:01.080]  can really help.
[59:01.080 --> 59:05.400]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.400 --> 59:06.400]  today.
[59:06.400 --> 59:10.440]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.440 --> 59:13.520]  to know God and to know the meaning of life.
[59:13.520 --> 59:18.800]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.800 --> 59:23.060]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.060 --> 59:28.000]  of salvation, growing in Christ and how to build up the church.
[59:28.000 --> 59:33.040]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:33.040 --> 59:49.400]  Life, call Bibles for America toll-free at 888-551-0102 or visit us online at bfa.org.
[59:49.400 --> 01:00:06.760]  The following news flash is brought to you by the Lone Star Lowdowns.
[01:00:06.760 --> 01:00:13.120]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[01:00:13.120 --> 01:00:20.980]  silver at $16.45 an ounce, copper at $2.75 an ounce, oil at Texas Crude at $55.63 a barrel,
[01:00:20.980 --> 01:00:29.260]  Brent Crude at $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core at $10,566.52,
[01:00:29.260 --> 01:00:38.180]  Ethereum at $227.26, XRP Ripple at $0.33, Litecoin at $100.31, and Bitcoin Cash at
[01:00:38.180 --> 01:00:46.180]  $324.10 a crypto coin.
[01:00:46.180 --> 01:00:52.420]  Today in History, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated
[01:00:52.420 --> 01:00:57.740]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[01:00:57.740 --> 01:01:01.020]  10 and entering 40.
[01:01:01.020 --> 01:01:09.460]  In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing Hemp into
[01:01:09.460 --> 01:01:14.180]  Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:01:14.180 --> 01:01:18.100]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:01:18.100 --> 01:01:22.740]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.740 --> 01:01:24.740]  to test the herb for THC.
[01:01:24.740 --> 01:01:28.460]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:01:28.460 --> 01:01:33.220]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:33.220 --> 01:01:34.220]  law.
[01:01:34.220 --> 01:01:37.620]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:01:37.620 --> 01:01:42.100]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:42.100 --> 01:01:48.260]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:01:48.260 --> 01:01:51.220]  well as other cities too, like the district attorney.
[01:01:51.220 --> 01:01:57.260]  In El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law quote
[01:01:57.260 --> 01:02:01.780]  will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.780 --> 01:02:06.740]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.740 --> 01:02:10.740]  in Harris County, who stated that quote, the law is constantly changing on what makes
[01:02:10.740 --> 01:02:13.460]  something illegal based on its chemical makeup.
[01:02:13.460 --> 01:02:17.340]  It's important that if someone is charged with something, the test matches what they're
[01:02:17.340 --> 01:02:22.540]  charged with.
[01:02:22.540 --> 01:02:27.420]  A paper by Tulane University identified a five and a half inch American pocket shark.
[01:02:27.420 --> 01:02:32.340]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:32.340 --> 01:02:38.020]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[01:02:38.020 --> 01:02:39.020]  Pacific Ocean.
[01:02:39.020 --> 01:02:43.740]  According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.740 --> 01:02:50.020]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[01:02:50.020 --> 01:02:53.800]  clove.
[01:02:53.800 --> 01:02:59.700]  This was Brook Brody with your lowdown for July 22, 2019.
[01:02:59.700 --> 01:03:23.540]  It's all according to the will of the Almighty, I read his book and it says he cares for the
[01:03:23.540 --> 01:03:30.540]  shark.
[01:03:30.540 --> 01:03:46.780]  Okay, we are back, Randy Kelk and Brett Felton, Rue de la Radio and it is the, what is it,
[01:03:46.780 --> 01:03:47.780]  Brett?
[01:03:47.780 --> 01:03:52.740]  We're on the 20th of August now, Friday the 20th.
[01:03:52.740 --> 01:04:09.660]  I was going to say that, I did a presentation to the Republic of Texas group and the ex-president
[01:04:09.660 --> 01:04:17.860]  of the Republic of Texas group, I've spoken on here in the past about this habeas corpus
[01:04:17.860 --> 01:04:24.500]  that I filed in Condorville, Texas that eventually got the court of criminal appeals judges
[01:04:24.500 --> 01:04:27.380]  all put in front of a grand jury over.
[01:04:27.380 --> 01:04:33.660]  Well, the president and the attorney general of this Republic of Texas group came and got
[01:04:33.660 --> 01:04:37.620]  me and asked me if I could do something to get this kid out of jail.
[01:04:37.620 --> 01:04:45.180]  So I made up this habeas and I made them drive down there with me and when I got down there
[01:04:45.180 --> 01:04:52.380]  neither one of them would go in the courthouse with me, oh did I rib them for that and when
[01:04:52.380 --> 01:04:57.820]  I did this presentation recently, the president, the guy who was the president at the time
[01:04:57.820 --> 01:05:06.940]  was there and I addressed and reminded him of that and had great fun at his expense but
[01:05:06.940 --> 01:05:17.820]  afterward he came up and he said he was amazed at how I could remember all of these statutes.
[01:05:17.820 --> 01:05:23.100]  Well I do this radio show and I address the same statutes over and over and over and over
[01:05:23.100 --> 01:05:27.860]  and he didn't know that part, he just thought I was some kind of genius.
[01:05:27.860 --> 01:05:35.860]  So I'm playing it up real big and I said, oh yeah, I got this stuff I take from my memory
[01:05:35.860 --> 01:05:44.620]  and that's why I can remember all this stuff and he said what is it and I said, uh, uh,
[01:05:44.620 --> 01:05:51.780]  he said that's not a very good recommendation.
[01:05:51.780 --> 01:05:57.100]  I'd already told him that it works so good I don't even remember the last time I forgot
[01:05:57.100 --> 01:06:09.020]  something and then the jerk had to ask me what it was, it was Zeke, oh life it just has
[01:06:09.020 --> 01:06:13.500]  a way of cutting us down where we belong.
[01:06:13.500 --> 01:06:19.380]  Okay, back to preparing these documents.
[01:06:19.380 --> 01:06:26.460]  One thing about preparing criminal complaints, most people when I first say, oh you need
[01:06:26.460 --> 01:06:33.580]  to file criminal charges, Ken Magnuson, my civil strategy go-to guy and he's been taking
[01:06:33.580 --> 01:06:43.180]  on the system for years but when I said file criminal charges he ran backwards really quick.
[01:06:43.180 --> 01:06:49.060]  He didn't mean to be afraid of them but he was.
[01:06:49.060 --> 01:06:56.940]  None of us means to be afraid of them but we are, primarily our experience with the criminal
[01:06:56.940 --> 01:07:06.780]  justice system or with the legal system is them coming after us with criminal charges
[01:07:06.780 --> 01:07:14.060]  and we think of criminal charges and it triggers all the trauma of the system coming after
[01:07:14.060 --> 01:07:22.300]  you, it primarily triggers the trauma of being sent to the principal.
[01:07:22.300 --> 01:07:30.300]  This is where your first experience with public business comes from and in the schools you
[01:07:30.300 --> 01:07:38.980]  are taught about all these great and wonderful rights that you have, oh by the way, while
[01:07:38.980 --> 01:07:45.420]  you're in this school, don't even think of trying to express one of those rights but
[01:07:45.420 --> 01:07:50.900]  the whole weight of the system will land right square on your head and when I tell someone
[01:07:50.900 --> 01:07:57.620]  to go in and file criminal charges they think back to being sent to the principal and the
[01:07:57.620 --> 01:08:04.260]  whole weight of the system falling right square on their heads.
[01:08:04.260 --> 01:08:10.300]  That is the most difficult hurdle to overcome.
[01:08:10.300 --> 01:08:17.100]  Most everything I do here is focused on that.
[01:08:17.100 --> 01:08:25.540]  What I'm trying to do and I'm giving away my secrets is everything I do here is about
[01:08:25.540 --> 01:08:36.260]  taking this experience of being sent to the principal as a sixth grader or a seventh grader
[01:08:36.260 --> 01:08:42.700]  and you sit in there, sit in there and you're terrified, you think the whole world is going
[01:08:42.700 --> 01:08:45.420]  to collapse on top of you.
[01:08:45.420 --> 01:08:49.820]  When you get out of school, you don't have any experience with the legal system and then
[01:08:49.820 --> 01:08:57.580]  you're called into court, a traffic court, 300 bucks big deal, you step up before the
[01:08:57.580 --> 01:09:03.740]  judge and you've got butterflies in your stomach, you've got a frog in your throat, your hands
[01:09:03.740 --> 01:09:08.540]  are shaking, you can barely speak, what the heck is going on?
[01:09:08.540 --> 01:09:13.420]  You're sixth grader being sent back to the principal, that's the only behavioral set
[01:09:13.420 --> 01:09:15.340]  you've got.
[01:09:15.340 --> 01:09:24.300]  So everything in this show is about taking that behavioral set and juxtaposing that with
[01:09:24.300 --> 01:09:30.820]  the behavioral set you would use as a parent, going to the school wanting to know what the
[01:09:30.820 --> 01:09:34.140]  heck are you doing to my kids.
[01:09:34.140 --> 01:09:37.660]  If we could switch those two.
[01:09:37.660 --> 01:09:48.060]  When you go to traffic court, if you're the parent and not the child, everything changes.
[01:09:48.060 --> 01:09:57.300]  Your behaviors, your reactions, your responses will change dramatically and everything we
[01:09:57.300 --> 01:09:59.700]  do here is about that.
[01:09:59.700 --> 01:10:03.500]  When I mentioned filing a criminal complaint, all of a sudden you're a sixth grader and
[01:10:03.500 --> 01:10:09.300]  you're standing in front of the principal, we need to fix that.
[01:10:09.300 --> 01:10:15.820]  I keep saying Randy, it seems like some people don't want to file a criminal complaint because
[01:10:15.820 --> 01:10:22.300]  they don't want to be that confrontational, they don't want to risk people coming after
[01:10:22.300 --> 01:10:28.460]  them and they don't feel like they're quite able to be the one who does that report.
[01:10:28.460 --> 01:10:31.220]  What do you have to say about that?
[01:10:31.220 --> 01:10:37.460]  I'm trying to demonstrate to them how much fun it is.
[01:10:37.460 --> 01:10:43.380]  It's kind of like when you throw your hook in the water, your baited hook and your bobber
[01:10:43.380 --> 01:10:51.940]  starts bouncing, it's kind of like that, go ahead Bubba, take a bite, I'll set the hook
[01:10:51.940 --> 01:11:00.540]  on you, that's the perspective I'm trying to give and that's the perspective you will
[01:11:00.540 --> 01:11:05.780]  get the first time you file criminal charges.
[01:11:05.780 --> 01:11:16.980]  That first time if we can get over that first step, then all of a sudden, holy moly, these
[01:11:16.980 --> 01:11:21.020]  guys don't know what to do with this.
[01:11:21.020 --> 01:11:26.380]  These guys that you've always been so concerned about and worried about, they tend to pick
[01:11:26.380 --> 01:11:27.900]  the fight with you.
[01:11:27.900 --> 01:11:37.140]  Now, you have to defend yourself, so pick a fight with them, ask them to do something
[01:11:37.140 --> 01:11:39.020]  they don't want to do.
[01:11:39.020 --> 01:11:44.300]  I want to see all of your case files, I want to see 10 case files.
[01:11:44.300 --> 01:11:45.300]  Are you the attorney?
[01:11:45.300 --> 01:11:46.300]  Oh, no, no.
[01:11:46.300 --> 01:11:49.260]  I think, well, I'll not keep my hands on my pockets.
[01:11:49.260 --> 01:11:50.260]  Well, are you the accused?
[01:11:50.260 --> 01:11:52.580]  Oh, no, no, no, I'm a good guy, I never do anything wrong.
[01:11:52.580 --> 01:11:58.140]  Well, if you're not the attorney of the accused, you can't see those.
[01:11:58.140 --> 01:12:02.300]  Oh, wow, you shouldn't have said that.
[01:12:02.300 --> 01:12:04.140]  Never give fair warning.
[01:12:04.140 --> 01:12:08.940]  You can tell them that you have a right to see those, they're open records, this is not
[01:12:08.940 --> 01:12:10.780]  a star chamber court.
[01:12:10.780 --> 01:12:19.100]  The Constitution guarantees you your right to a fair and public court.
[01:12:19.100 --> 01:12:24.100]  You could do that, but we will never give fair warning.
[01:12:24.100 --> 01:12:30.100]  Set them up, throw your hook out there and bob it in the water, ding, ding, ding, here,
[01:12:30.100 --> 01:12:35.180]  take a bite, take a bite, tell me I can't do this, go ahead, go ahead.
[01:12:35.180 --> 01:12:37.900]  Call the bailiff over, ask him to arrest that woman.
[01:12:37.900 --> 01:12:39.580]  What did I arrest her for?
[01:12:39.580 --> 01:12:40.980]  What you want to show me these records?
[01:12:40.980 --> 01:12:44.980]  Well, you're not the attorney of the accused, you can't see those.
[01:12:44.980 --> 01:12:48.660]  Oh, wow, you shouldn't have said that.
[01:12:48.660 --> 01:13:00.900]  They got the phone down 911, guys, that is so much fun, you could get addicted to it.
[01:13:00.900 --> 01:13:10.220]  And I literally had to start staying away from the courts because I just couldn't help myself.
[01:13:10.220 --> 01:13:15.620]  Every time I go down there, I tend to try to get them to do something I can hammer them
[01:13:15.620 --> 01:13:23.500]  for whether they deserve it or not, whether they deserve it or not.
[01:13:23.500 --> 01:13:31.500]  And he is kind of addicting, but that first step over the line, that's a hard one.
[01:13:31.500 --> 01:13:37.900]  And I'm suggesting that the best place to do that is with a traffic ticket.
[01:13:37.900 --> 01:13:49.380]  When the officer pulls you over, if you can get him to be rude or disrespectful, and he's
[01:13:49.380 --> 01:13:57.060]  got a gun on his hip, he doesn't get to be rude or disrespectful.
[01:13:57.060 --> 01:14:05.860]  Because if he's not very careful, he commits first degree felony aggravated assault.
[01:14:05.860 --> 01:14:11.540]  Whenever he pulls someone over in Texas, more so than any other state, he's walking a very
[01:14:11.540 --> 01:14:19.060]  fine line, so you want to push him off of it.
[01:14:19.060 --> 01:14:23.780]  And it's pretty easy to do, all you have to do is ask them a question they don't want
[01:14:23.780 --> 01:14:24.780]  to answer.
[01:14:24.780 --> 01:14:31.140]  And if they tell you, I'm asking the question, you're not down 911.
[01:14:31.140 --> 01:14:41.460]  I got an officer out here and he appears to be agitated, and he's got a gun and I fear
[01:14:41.460 --> 01:14:45.460]  for my safety, that's all you need.
[01:14:45.460 --> 01:14:59.820]  Now you are no longer the defendant, the criminally accused criminal, now you're the victim.
[01:14:59.820 --> 01:15:02.580]  And you are in a protected place.
[01:15:02.580 --> 01:15:06.740]  And then you get to watch what we call this little chicken dance.
[01:15:06.740 --> 01:15:17.020]  When you call 911, ask for an officer to arrest this other officer, they have to send somebody.
[01:15:17.020 --> 01:15:20.700]  Got to, you got 911, that's what it's for.
[01:15:20.700 --> 01:15:22.700]  They may not like it.
[01:15:22.700 --> 01:15:28.900]  They may not think the officer is the bad guy.
[01:15:28.900 --> 01:15:36.540]  But the 911 operator cannot take that chance, they have to dispatch.
[01:15:36.540 --> 01:15:41.860]  And then when the officer shows up, he shows up to answer your complaint.
[01:15:41.860 --> 01:15:47.060]  If your complaint is trash, who cares?
[01:15:47.060 --> 01:15:49.380]  It don't make any difference.
[01:15:49.380 --> 01:15:52.140]  He's not going to take your complaint no matter what.
[01:15:52.140 --> 01:15:57.860]  If there's two dead bodies laying at the cop's feet, he's not going to charge the cop.
[01:15:57.860 --> 01:16:00.300]  That's what they do.
[01:16:00.300 --> 01:16:03.220]  So you don't care.
[01:16:03.220 --> 01:16:05.260]  He's going to tell you, well, that's not a crime.
[01:16:05.260 --> 01:16:06.620]  Are you sure that's not a crime?
[01:16:06.620 --> 01:16:07.620]  I think that's a crime.
[01:16:07.620 --> 01:16:08.620]  I think you're lying to me.
[01:16:08.620 --> 01:16:12.060]  Oh no, that's not a crime.
[01:16:12.060 --> 01:16:19.620]  But they can't say anything to you that you could in any way interpret as a threat.
[01:16:19.620 --> 01:16:24.700]  Oh yeah, I called 911, this cop come out there and threatened me instead of protecting
[01:16:24.700 --> 01:16:25.700]  me.
[01:16:25.700 --> 01:16:28.620]  So I looked for him.
[01:16:28.620 --> 01:16:32.540]  This is so powerful.
[01:16:32.540 --> 01:16:36.900]  This one little step will change everything.
[01:16:36.900 --> 01:16:43.740]  Once you take that first step, if you're not careful, you'll get hooked like I am.
[01:16:43.740 --> 01:16:46.740]  And it's like a drug.
[01:16:46.740 --> 01:16:51.940]  I'd like to do it so much, but I'm getting too old for that.
[01:16:51.940 --> 01:17:00.420]  I'm going to count where it founds, move on radio, we'll be right back.
[01:17:00.420 --> 01:17:05.700]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:17:05.700 --> 01:17:09.180]  Stop debt collectors now with the Michael Mirris Proven Method.
[01:17:09.180 --> 01:17:13.580]  Michael Mirris has won six cases in federal court against debt collectors, and now you
[01:17:13.580 --> 01:17:14.580]  can win two.
[01:17:14.580 --> 01:17:19.380]  You'll get step-by-step instructions in plain English on how to win in court using federal
[01:17:19.380 --> 01:17:21.020]  civil rights statutes.
[01:17:21.020 --> 01:17:25.780]  What to do when contacted by phone, mail, or court summons, how to answer letters and
[01:17:25.780 --> 01:17:30.180]  phone calls, how to get debt collectors out of your credit report, how to turn the financial
[01:17:30.180 --> 01:17:33.940]  tables on them and make them pay you to go away.
[01:17:33.940 --> 01:17:39.060]  The Michael Mirris Proven Method is the solution for how to stop debt collectors.
[01:17:39.060 --> 01:17:41.020]  Personal consultation is available as well.
[01:17:41.020 --> 01:17:46.740]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner
[01:17:46.740 --> 01:17:49.740]  or email michaelmirris at yahoo.com.
[01:17:49.740 --> 01:17:57.420]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:17:57.420 --> 01:18:00.340]  To learn how to stop debt collectors now.
[01:18:00.340 --> 01:18:01.340]  I love logos.
[01:18:01.340 --> 01:18:04.860]  Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.860 --> 01:18:07.540]  I'm so addicted to the truth now that there's no going back.
[01:18:07.540 --> 01:18:08.740]  I need my truth fake.
[01:18:08.740 --> 01:18:13.340]  I'd be lost without logos, and I really want to help keep this network on the air.
[01:18:13.340 --> 01:18:16.900]  I'd love to volunteer as a show producer, but I'm a bit of a bloodite, and I really
[01:18:16.900 --> 01:18:20.540]  don't have any money to give because I spent it all on supplements.
[01:18:20.540 --> 01:18:22.100]  How can I help logos?
[01:18:22.100 --> 01:18:24.060]  Well, I'm glad you asked.
[01:18:24.060 --> 01:18:27.060]  Whenever you order anything from Amazon, you can help logos.
[01:18:27.060 --> 01:18:29.580]  You can order them in your supplies or holiday gifts.
[01:18:29.580 --> 01:18:31.580]  First thing you do is clear your cookies.
[01:18:31.580 --> 01:18:34.580]  Now, go to LogosReguleNetwork.com.
[01:18:34.580 --> 01:18:37.780]  Click on the Amazon logo and bookmark it.
[01:18:37.780 --> 01:18:43.620]  Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:18:43.620 --> 01:18:44.620]  Do I pay extra?
[01:18:44.620 --> 01:18:45.620]  No.
[01:18:45.620 --> 01:18:47.340]  Do I pay anything different when I order?
[01:18:47.340 --> 01:18:48.340]  No.
[01:18:48.340 --> 01:18:49.340]  Can I use my Amazon Prime?
[01:18:49.340 --> 01:18:50.340]  No.
[01:18:50.340 --> 01:18:51.340]  I mean, yes.
[01:18:51.340 --> 01:18:52.340]  Wow.
[01:18:52.340 --> 01:18:56.060]  Giving without doing anything or spending any money, this is perfect.
[01:18:56.060 --> 01:18:57.060]  Thank you so much.
[01:18:57.060 --> 01:18:58.620]  We are Logos.
[01:18:58.620 --> 01:19:00.620]  Happy holidays, Logos.
[01:19:00.620 --> 01:19:11.620]  This is the Logos Radio Network.
[01:19:11.620 --> 01:19:21.620]  Thank you so much for watching Logos Radio Network.
[01:19:21.620 --> 01:19:32.620]  Thank you so much for watching Logos Radio Network.
[01:19:32.620 --> 01:19:43.620]  Thank you so much for watching Logos Radio Network.
[01:19:43.620 --> 01:19:52.620]  Thank you so much for watching Logos Radio Network.
[01:19:52.620 --> 01:20:13.620]  Thank you so much for watching Logos Radio Network.
[01:20:13.620 --> 01:20:21.620]  Thank you so much for watching Logos Radio Network.
[01:20:21.620 --> 01:20:31.620]  Thank you for watching Logos Radio Network.
[01:20:51.620 --> 01:21:20.620]  Thank you so much for watching Logos Radio Network.
[01:21:20.620 --> 01:21:30.620]  Thank you so much for watching Logos Radio Network.
[01:21:50.620 --> 01:22:00.620]  Thank you so much for watching Logos Radio Network.
[01:22:20.620 --> 01:22:30.620]  Thank you so much for watching Logos Radio Network.
[01:22:50.620 --> 01:23:00.620]  Thank you for watching Logos Radio Network.
[01:23:20.620 --> 01:23:30.620]  Thank you for watching Logos Radio Network.
[01:23:50.620 --> 01:24:00.620]  Thank you so much for watching Logos Radio Network.
[01:24:20.620 --> 01:24:30.620]  Thank you so much for watching Logos Radio Network.
[01:24:30.620 --> 01:24:40.620]  Thank you so much for watching Logos Radio Network.
[01:24:40.620 --> 01:24:50.620]  Thank you so much for watching Logos Radio Network.
[01:24:50.620 --> 01:25:14.620]  Thank you so much for watching Logos Radio Network.
[01:25:14.620 --> 01:25:22.620]  It's kind of a standard little discovery dance everybody does.
[01:25:22.620 --> 01:25:25.620]  So we're writing discovery.
[01:25:25.620 --> 01:25:34.620]  Consider you write your discovery so when it gets to the judge he will read it and it won't seem unreasonable.
[01:25:34.620 --> 01:25:36.620]  Yeah.
[01:25:36.620 --> 01:25:38.620]  Go ahead.
[01:25:38.620 --> 01:25:44.540]  So, you write these interrogatories, these are questions that you ask them, hey, would
[01:25:44.540 --> 01:25:52.460]  you please tell me about your relationship with this person in the context of something?
[01:25:52.460 --> 01:25:53.980]  It's not a yes-no question.
[01:25:53.980 --> 01:25:59.380]  These are tell-me-about kinds of questions.
[01:25:59.380 --> 01:26:05.740]  When you first started working here, tell me about the background that you had had to
[01:26:05.740 --> 01:26:06.740]  that point.
[01:26:06.740 --> 01:26:14.940]  And they have to give some kind of a, you know, something more than just a yes or no.
[01:26:14.940 --> 01:26:20.700]  Admissions is probably my favorite of all.
[01:26:20.700 --> 01:26:24.980]  And admissions is an art form.
[01:26:24.980 --> 01:26:25.980]  Yes.
[01:26:25.980 --> 01:26:31.780]  So, you're going to design these, these questions.
[01:26:31.780 --> 01:26:35.660]  You're going to make these, whatever you want them to admit, it's going to be a statement.
[01:26:35.660 --> 01:26:39.980]  It's very similar to a criminal complaint.
[01:26:39.980 --> 01:26:43.500]  You're going to make this an artful statement.
[01:26:43.500 --> 01:26:48.500]  You craft it so that when they admit it, their case is destroyed.
[01:26:48.500 --> 01:26:52.660]  You want them to admit something that you're putting out as a statement of fact, and when
[01:26:52.660 --> 01:26:58.460]  they admit it, they've cut themselves off at the knees.
[01:26:58.460 --> 01:27:04.340]  You want them to have to try to deny this, but they can't deny it because it's a fact.
[01:27:04.340 --> 01:27:10.180]  Admissions go to collateral estoppel.
[01:27:10.180 --> 01:27:15.180]  Once they make an admission, you can never withdraw it.
[01:27:15.180 --> 01:27:21.820]  So, the cool thing about admissions is, I mean, one more cool thing about admissions,
[01:27:21.820 --> 01:27:29.460]  if they don't answer, like an attorney never really wants to answer a pro se why you pathetic
[01:27:29.460 --> 01:27:32.300]  little bug, I'm going to squash you.
[01:27:32.300 --> 01:27:39.380]  And they don't care to answer, but the rules say that if they don't answer, all of those
[01:27:39.380 --> 01:27:43.380]  statements are deemed admitted.
[01:27:43.380 --> 01:27:46.460]  And then that goes back to what Randy was saying about collateral estoppel.
[01:27:46.460 --> 01:27:48.300]  They can't go and argue the opposite now.
[01:27:48.300 --> 01:27:50.820]  They've just admitted your statements are true.
[01:27:50.820 --> 01:27:57.220]  Now, just let's, let's see here, why do we even have these admissions?
[01:27:57.220 --> 01:28:05.700]  The purpose is to decrease the, let's say, the surface area of what needs to be adjudicated.
[01:28:05.700 --> 01:28:10.020]  It shrinks it up to a much smaller thing that the court has to address.
[01:28:10.020 --> 01:28:15.580]  Instead of having to address all these issues, these two parties have already agreed on this,
[01:28:15.580 --> 01:28:16.580]  this, and that.
[01:28:16.580 --> 01:28:18.860]  They've agreed that this is the case.
[01:28:18.860 --> 01:28:23.180]  And we just narrow down the focus so that the only thing the court has to address now
[01:28:23.180 --> 01:28:26.980]  is this smaller subset of facts.
[01:28:26.980 --> 01:28:28.900]  And that's good for judicial efficiency.
[01:28:28.900 --> 01:28:32.580]  Let's go ahead and get things cleared up as much as possible before we ask the judge
[01:28:32.580 --> 01:28:35.380]  to rule on something, right?
[01:28:35.380 --> 01:28:39.380]  Let me address the arch form here.
[01:28:39.380 --> 01:28:44.180]  You look at all of the things you want to establish.
[01:28:44.180 --> 01:28:53.580]  And what is the most innocuous fact or issue that if it were true, then if they tried to
[01:28:53.580 --> 01:29:00.820]  lie about the other stuff, this would get in the way and make it, make what else they're
[01:29:00.820 --> 01:29:04.260]  saying a doubtful.
[01:29:04.260 --> 01:29:07.300]  That's why admissions is an arch form.
[01:29:07.300 --> 01:29:12.580]  What's the sneakiest thing you can get them to admit to that comes back to haunt them
[01:29:12.580 --> 01:29:13.580]  later?
[01:29:13.580 --> 01:29:20.700]  If anybody here has ever played the game of Go, you put stones on the board that as the
[01:29:20.700 --> 01:29:26.500]  game progresses, they're going to bump into that stone and they can't get around it.
[01:29:26.500 --> 01:29:29.540]  It's not apparent now that it's a problem.
[01:29:29.540 --> 01:29:34.940]  But as you develop out to it, it's going to really give you difficulty.
[01:29:34.940 --> 01:29:39.020]  And those are the admissions you want to find.
[01:29:39.020 --> 01:29:42.380]  The ones that aren't obvious because they don't know how you're going to develop your
[01:29:42.380 --> 01:29:43.380]  case.
[01:29:43.380 --> 01:29:48.980]  So you lay those little minds out there, it's like pawn moves in chess.
[01:29:48.980 --> 01:29:53.620]  Randy Kelton, Brett Fountain rules our radio.
[01:29:53.620 --> 01:30:02.100]  It looks like our callboard is up and we'll be right back.
[01:30:02.100 --> 01:30:05.580]  Sorry soft drink lovers, even diet drinks can make you fat.
[01:30:05.580 --> 01:30:10.260]  A new study shows that diet soda drinkers gain much more weight than people who avoid
[01:30:10.260 --> 01:30:11.260]  the stuff.
[01:30:11.260 --> 01:30:15.060]  I've got your Catherine Albrecht and I'll be back in a moment with a scoop on supposedly
[01:30:15.060 --> 01:30:17.300]  skinny sodas.
[01:30:17.300 --> 01:30:18.900]  Privacy is under attack.
[01:30:18.900 --> 01:30:22.500]  When you give up data about yourself, you'll never get it back again.
[01:30:22.500 --> 01:30:27.300]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.300 --> 01:30:32.860]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.860 --> 01:30:35.020]  Privacy, it's worth hanging on to.
[01:30:35.020 --> 01:30:39.340]  This public service announcement is brought to you by StartPage.com, the private search
[01:30:39.340 --> 01:30:42.860]  engine alternative to Google, Yahoo and Bing.
[01:30:42.860 --> 01:30:45.860]  Start over with StartPage.
[01:30:45.860 --> 01:30:50.140]  Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:50.140 --> 01:30:51.140]  Wrong.
[01:30:51.140 --> 01:30:56.140]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:56.140 --> 01:31:01.140]  They found that regularly drinking diet soda expanded people's waistlines five times more
[01:31:01.140 --> 01:31:02.860]  than no soda at all.
[01:31:02.860 --> 01:31:07.540]  The study's authors say artificial sweeteners trigger the appetite, but unlike regular sugars
[01:31:07.540 --> 01:31:10.020]  don't deliver anything to squelch it.
[01:31:10.020 --> 01:31:14.340]  Waking up hunger without satisfying it leads to cravings, which can result in a larger
[01:31:14.340 --> 01:31:16.140]  overall calorie intake.
[01:31:16.140 --> 01:31:20.580]  So use natural sweeteners to maintain a healthy weight, and if you need to shed some pounds,
[01:31:20.580 --> 01:31:23.860]  avoid the sweet stuff altogether and drink water instead.
[01:31:23.860 --> 01:31:30.660]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:30.660 --> 01:31:36.020]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.020 --> 01:31:38.340]  The government says that fire brought it down.
[01:31:38.340 --> 01:31:43.100]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.100 --> 01:31:47.100]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:47.100 --> 01:31:48.540]  force responders are dying.
[01:31:48.540 --> 01:31:52.380]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction officer,
[01:31:52.380 --> 01:31:57.100]  I'm an Air Force pilot, I'm the father who lost his son, we're Americans, and we deserve
[01:31:57.100 --> 01:31:58.100]  the truth.
[01:31:58.100 --> 01:32:02.100]  Go to RememberBuilding7.org today.
[01:32:02.100 --> 01:32:05.100]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[01:32:05.100 --> 01:32:08.780]  In today's America, we live in an us-against-them society, and if we the people are ever going
[01:32:08.780 --> 01:32:12.580]  to have a free society, then we're going to have to stand and defend our own rights.
[01:32:12.580 --> 01:32:15.940]  Among those rights are the right to travel freely from place to place, the right to act
[01:32:15.940 --> 01:32:19.580]  in our own private capacity, and most importantly, the right to due process of law.
[01:32:19.580 --> 01:32:23.820]  Trapped courts afford us the least expensive opportunity to learn how to enforce and preserve
[01:32:23.820 --> 01:32:25.660]  our rights through due process.
[01:32:25.660 --> 01:32:29.180]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[01:32:29.180 --> 01:32:32.940]  most comprehensive teaching tool available that will help you understand what due process
[01:32:32.940 --> 01:32:35.340]  is and how to hold courts to the rule of law.
[01:32:35.340 --> 01:32:39.300]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[01:32:39.300 --> 01:32:42.860]  ordering your copies today. By ordering now, you'll receive a copy of Eddie's book, The
[01:32:42.860 --> 01:32:47.340]  Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009
[01:32:47.340 --> 01:32:50.860]  seminar. Hundreds of research documents and further useful resource material. Learn how
[01:32:50.860 --> 01:32:54.740]  to fight for your rights with the help of this material from ruleoflawradio.com. Order
[01:32:54.740 --> 01:32:59.740]  your copy today and together we can have the free society we all want and deserve.
[01:32:59.740 --> 01:33:09.740]  Looking for some truth? You found it, LogosRadioNetwork.com.
[01:33:29.740 --> 01:33:48.140]  Okay, we are back. Ready to come back out and rule of law radio on this Friday the 20th.
[01:33:48.140 --> 01:33:55.020]  Is it 20th or 21st? We've only been on here for an hour and a half.
[01:33:55.020 --> 01:34:03.100]  The 20th day of August, I've been taking my memory pill. I don't remember which one it
[01:34:03.100 --> 01:34:07.860]  was. Okay, before we go to our college, Brett
[01:34:07.860 --> 01:34:13.220]  wanted to finish up on discovery. Discovery is so important and we don't talk about that
[01:34:13.220 --> 01:34:22.940]  much on the show, but when you get into these cases, the case is generally one or lost here
[01:34:22.940 --> 01:34:32.060]  and this is an arch form and Brett's got some more points of art to address. Go ahead,
[01:34:32.060 --> 01:34:37.140]  Brett. Yeah, so these different approaches that
[01:34:37.140 --> 01:34:44.620]  you have, different ways to get at the evidence. I guess some different people have mentioned
[01:34:44.620 --> 01:34:50.420]  somebody I was talking to likes to do admissions first and I tend to think the other way around.
[01:34:50.420 --> 01:34:57.220]  I prefer, I don't know if it's just the way that I think, different chess players I guess,
[01:34:57.220 --> 01:35:04.140]  but I like to do production first and get the records, the documents, whatever it is
[01:35:04.140 --> 01:35:10.420]  that they have, get the bodycams, whatever he's got and I want to see some interrogatories.
[01:35:10.420 --> 01:35:19.860]  I want to end with the request for admissions. Admissions are the last thing that I do and
[01:35:19.860 --> 01:35:25.380]  that's because I'm going to end up with some statements that are going to just destroy
[01:35:25.380 --> 01:35:33.980]  the case and by then I will know everything that they have so I can make a statement like,
[01:35:33.980 --> 01:35:43.300]  for example, if I need to, if the person who's being accused is accused of the crime with
[01:35:43.300 --> 01:35:51.460]  criminal negligence, well that triggers a certain definition. So then I can write a statement
[01:35:51.460 --> 01:35:57.020]  that goes to that definition and the people that are answering this have no idea why,
[01:35:57.020 --> 01:36:01.700]  but the statement says that they have to admit, says, you have no evidence showing that any
[01:36:01.700 --> 01:36:08.580]  local first responders are unable to care for children. And they're going to say, what?
[01:36:08.580 --> 01:36:14.420]  Yeah, I admit that I have no such evidence about first responders. I don't know why that's
[01:36:14.420 --> 01:36:25.140]  even in here, but okay. So they admit that and they admit that they have, let's say,
[01:36:25.140 --> 01:36:36.860]  no evidence as to the standpoint of the actor. Well, of course they don't. So they don't
[01:36:36.860 --> 01:36:43.620]  know why they're answering these questions, but by the time I get to asking that question,
[01:36:43.620 --> 01:36:51.180]  it's going to kill their case. Or I love to do it also in a way that if the lawyer who
[01:36:51.180 --> 01:36:57.740]  looks at this checks the box for admitted, they've thrown their client under the bus,
[01:36:57.740 --> 01:37:04.700]  and if they check the box for denied, they've thrown themselves under the bus. For example,
[01:37:04.700 --> 01:37:14.980]  a city prosecutor or a county prosecutor referring to the officer who did something wrong. And
[01:37:14.980 --> 01:37:21.940]  we're going to make a statement that says, you have properly trained this officer regarding
[01:37:21.940 --> 01:37:29.620]  the bounds of his authority. No matter which box they check, somebody's going under the
[01:37:29.620 --> 01:37:35.780]  bus because he overstepped his authority. Either he was trained and he did it like
[01:37:35.780 --> 01:37:41.980]  that anyway, or he wasn't trained and somebody's in trouble for not training him. What do you
[01:37:41.980 --> 01:37:46.500]  think about that, Randy?
[01:37:46.500 --> 01:37:55.140]  That comes up as a contra-num. I just, someone, I come across a list of contra-nums on the
[01:37:55.140 --> 01:38:01.540]  internet today, so it's interesting you should bring that up. There are certain terms that
[01:38:01.540 --> 01:38:11.300]  when you use them, they can be used one way or the opposite. And this is one where no
[01:38:11.300 --> 01:38:21.100]  matter how he answers it, somebody goes under the bus, there's no way out. But it takes
[01:38:21.100 --> 01:38:28.500]  thought. It takes, you have to really think about your case. A court case is like chess.
[01:38:28.500 --> 01:38:38.180]  And this is a part of a case I really enjoy. You know, when I talk about the case I filed
[01:38:38.180 --> 01:38:46.660]  against the county that I'm in, I went to a lot of trouble to set them up. And essentially,
[01:38:46.660 --> 01:38:53.060]  I played them like a fiddle. I asked them to do things that I knew they wouldn't want
[01:38:53.060 --> 01:39:00.060]  to do. And it goes along with our rules, never ask a public official to do anything you actually
[01:39:00.060 --> 01:39:06.580]  want them to do. So ask them to do things, knowing they wouldn't do it, so that I could
[01:39:06.580 --> 01:39:11.940]  get them in the position that I wanted to. In this case, I wanted to be able to take
[01:39:11.940 --> 01:39:19.860]  the guys in Wise County, where I live, and put them in court in Travis County. So how
[01:39:19.860 --> 01:39:28.660]  do I do that? Well, I generate criminal complaints against someone in Travis County. I then come
[01:39:28.660 --> 01:39:35.220]  to Wise County and file those criminal complaints with the magistrate in Wise County. And when
[01:39:35.220 --> 01:39:41.700]  the Wise County magistrate refuses to act on it, now I've got jurisdiction in both places.
[01:39:41.700 --> 01:39:52.780]  Before you file a lawsuit, try to look at all the possibilities, like a chess game. And
[01:39:52.780 --> 01:39:58.060]  the best, once you figure out what you're going to do, now you look at discovery. How
[01:39:58.060 --> 01:40:09.140]  do I maneuver them into the place I want to be? It's not as hard as you think. And lawyers
[01:40:09.140 --> 01:40:19.260]  simply are too busy to have the time to address their cases in this detail. You will have
[01:40:19.260 --> 01:40:26.380]  a tremendous advantage. They've got standard discovery that they do, in every case. When
[01:40:26.380 --> 01:40:32.020]  it comes to the case, they just pull discovery, put their name on the bottom and send it.
[01:40:32.020 --> 01:40:39.100]  They don't carefully craft a U.S. approach the litigant. Knowing they're going to do
[01:40:39.100 --> 01:40:46.180]  standard discovery, you can look in cases and find standard discovery. If you've got
[01:40:46.180 --> 01:40:52.420]  a case and you've got this law firm representing the opposing party, go on the Internet and
[01:40:52.420 --> 01:40:57.780]  look up that law firm and look up cases they have addressed. You can find their discovery
[01:40:57.780 --> 01:41:05.260]  documents. You know exactly what they're going to ask for. Point of all is, do your homework
[01:41:05.260 --> 01:41:13.380]  before you start the end. You can find these discovery, all of the rules that govern discovery
[01:41:13.380 --> 01:41:19.140]  and the rules to which these attorneys are bound. These rules are the rules of civil
[01:41:19.140 --> 01:41:26.460]  procedure. So look in your local state. There will be rules of civil procedure. And it doesn't
[01:41:26.460 --> 01:41:32.060]  matter. You're in the criminal case. You still have the same rules are applying where they
[01:41:32.060 --> 01:41:37.460]  haven't been overridden in your local criminal procedure. There might be some rule that's
[01:41:37.460 --> 01:41:41.020]  slightly different in criminal. So that'll take precedence.
[01:41:41.020 --> 01:41:45.780]  The real difference in criminal is if you're in a Class C misdemeanor. I mean, yeah, Class
[01:41:45.780 --> 01:41:53.540]  C misdemeanor. Their traffic ticket or some Class C something before JP. They think it's
[01:41:53.540 --> 01:42:00.380]  not worth the trouble of discovery. So they deny it there. But everything else gets full
[01:42:00.380 --> 01:42:08.460]  of discovery. So shall we go ahead and let's call her?
[01:42:08.460 --> 01:42:17.740]  Yeah, we got two minutes before the sponsors. We have someone in Northern California that
[01:42:17.740 --> 01:42:26.700]  looks like a first time caller. If you are in the 707 area code, speak up and I'll actually
[01:42:26.700 --> 01:42:41.140]  unmute you so you can hear you. Okay, speak up and give us the first name. Okay, the 707
[01:42:41.140 --> 01:42:47.620]  area code. Yeah, when we get a new caller, they're not in our database. So if you are
[01:42:47.620 --> 01:42:57.780]  a first time caller, speak up. Okay, let me do this for different. If you are Ken, Max
[01:42:57.780 --> 01:43:08.300]  or James, don't say anything. If you're not Ken, Max or James, speak up. Okay, that's
[01:43:08.300 --> 01:43:14.980]  not working out so good. Okay, maybe we lost them. If you are a first time caller and you
[01:43:14.980 --> 01:43:20.900]  have called in and we can't hear you, hang up and call back in and we'll take you next.
[01:43:20.900 --> 01:43:26.940]  We always take the first time callers first. So try again because if you're trying to talk
[01:43:26.940 --> 01:43:31.900]  to us, we can't hear you. So it might just be your connection. Try calling back in. Okay,
[01:43:31.900 --> 01:43:40.340]  we are going to go to John in, I'm sorry, Ken in New York. Hello, Ken. Hi, Randy. It's
[01:43:40.340 --> 01:43:46.980]  my first call. Wait a minute, wait a minute. Your time is up. We gave you half a second.
[01:43:46.980 --> 01:43:52.380]  What's the deal? We're going to our sponsors. Hang on, we'll be right back. Glad you called
[01:43:52.380 --> 01:44:02.420]  in a little earlier, kid. Talk to you in a minute. Through advances in technology, our
[01:44:02.420 --> 01:44:07.540]  lives have greatly improved, except in the area of nutrition. People feed their pets
[01:44:07.540 --> 01:44:12.460]  better than they feed themselves. And it's time we changed all that. Our primary defense
[01:44:12.460 --> 01:44:18.620]  against aging and disease in this toxic environment is good nutrition. In a world where natural
[01:44:18.620 --> 01:44:24.580]  foods have been irradiated, adulterated, and mutilated, young Jevity can provide the nutrients
[01:44:24.580 --> 01:44:30.380]  you need. Logo Sweden Network gets many requests to endorse all sorts of products, most of
[01:44:30.380 --> 01:44:36.380]  which we reject. We have come to trust young Jevity so much. We became a marketing distributor
[01:44:36.380 --> 01:44:43.380]  along with Alex Jones, Ben Fuchs, and many others. When you order from LogosRadioNetwork.com,
[01:44:43.380 --> 01:44:48.980]  your health will improve as you help support quality radio. As you realize the benefits
[01:44:48.980 --> 01:44:54.380]  of young Jevity, you may want to join us. As a distributor, you can experience improved
[01:44:54.380 --> 01:45:01.500]  health, help your friends and family, and increase your income. Order now. Are you the
[01:45:01.500 --> 01:45:07.580]  plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary,
[01:45:07.580 --> 01:45:13.980]  the affordable, easy-to-understand four-CD course that will show you how in 24 hours,
[01:45:13.980 --> 01:45:19.780]  step-by-step. If you have a lawyer, know what your lawyer should be doing. If you don't
[01:45:19.780 --> 01:45:25.220]  have a lawyer, know what you should do for yourself. Thousands have won with our step-by-step
[01:45:25.220 --> 01:45:31.860]  course, and now you can too. Jurisdictionary was created by a licensed attorney with 22
[01:45:31.860 --> 01:45:37.620]  years of case-winning experience. Even if you're not in a lawsuit, you can learn what everyone
[01:45:37.620 --> 01:45:43.540]  should understand about the principles and practices that control our American courts.
[01:45:43.540 --> 01:45:49.700]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[01:45:49.700 --> 01:45:56.700]  prosay tactics, and much more. Please visit ruleoflawradio.com and click on the banner.
[01:45:56.700 --> 01:46:22.700]  It's called toll-free 866-LAW-E-Z.
[01:46:22.700 --> 01:46:51.700]  Okay, howdy, howdy, ready to come? I'm a great man. I'm a great man. I'm a great man.
[01:46:51.700 --> 01:47:01.980]  We'll have a quick break.
[01:47:01.980 --> 01:47:09.980]  I have a question about your affidavit. Actually, I'm in the middle of a tax grievance again,
[01:47:09.980 --> 01:47:18.220]  which I do every year, and so far I don't get it every year, but I've gotten it maybe
[01:47:18.220 --> 01:47:21.820]  maybe four times since I've been here.
[01:47:21.820 --> 01:47:32.220]  And what it revolts around is a successful tax grievance for property tax.
[01:47:32.220 --> 01:47:38.900]  And what the problem is around here is I'm about to block off from the main thoroughfare
[01:47:38.900 --> 01:47:43.340]  and people walk down the side street that's on the side of my property, not the front
[01:47:43.340 --> 01:47:44.340]  of it.
[01:47:44.340 --> 01:47:49.620]  They leave only garbage and they leave shopping carts and it's really not a bad neighborhood
[01:47:49.620 --> 01:47:56.660]  but just, you know, they just, my side of the street seems to have a little more walkway
[01:47:56.660 --> 01:48:01.340]  than the other side does so they tend to leave things, you know, they leave them on the corner
[01:48:01.340 --> 01:48:05.980]  because they'll get thrown out of their basement apartment if they take them back home with
[01:48:05.980 --> 01:48:06.980]  them.
[01:48:06.980 --> 01:48:13.140]  So I have to try to clean up, I call the town every year, they jerk me around for six,
[01:48:13.140 --> 01:48:17.900]  seven months and then sometimes we end up cleaning it down, sometimes they take a contract
[01:48:17.900 --> 01:48:18.900]  to do it.
[01:48:18.900 --> 01:48:19.900]  Okay.
[01:48:19.900 --> 01:48:25.740]  So this time I'm going to send, I have a company that does send pictures and I have plenty
[01:48:25.740 --> 01:48:26.740]  of pictures.
[01:48:26.740 --> 01:48:33.060]  And I was thinking, and I also have letters from tax grievances where public officials
[01:48:33.060 --> 01:48:36.820]  thanked me for reaching out to them and a lot of nonsense.
[01:48:36.820 --> 01:48:39.980]  But that works best when you have two parties.
[01:48:39.980 --> 01:48:44.380]  Now we've got one party and it just happens to be Republican.
[01:48:44.380 --> 01:48:50.100]  So what I used to do was I'd go to somebody from another party that had a different office
[01:48:50.100 --> 01:48:55.380]  and I'd say, I've got this problem blah, blah, blah and you're at a closest point of contact
[01:48:55.380 --> 01:49:00.780]  and then they would call the town and then all of a sudden when the town is on one party
[01:49:00.780 --> 01:49:04.940]  and they're on the other party, then they seem to move faster, you know, when you start
[01:49:04.940 --> 01:49:10.060]  telling three or four people about this problem you have and they'll start talking to each
[01:49:10.060 --> 01:49:14.620]  other over it.
[01:49:14.620 --> 01:49:21.700]  So what I'm trying to do is I'm thinking of using, I was thinking of using an affidavit
[01:49:21.700 --> 01:49:25.780]  to support my argument about the garbage.
[01:49:25.780 --> 01:49:31.980]  I can take pictures, I can prove that the picture is a mind, but nobody from the town
[01:49:31.980 --> 01:49:35.620]  is going to admit anything upfront.
[01:49:35.620 --> 01:49:42.220]  Now what happens is with the tax grievance here, you make the grievance with the company
[01:49:42.220 --> 01:49:46.540]  and the tax cut, the town immediately refuses it.
[01:49:46.540 --> 01:49:52.900]  So you've tried to deal with them and they refuse, so then you go to small claims court
[01:49:52.900 --> 01:49:58.380]  and that takes about another year and then if you win, well you get, you know, you get
[01:49:58.380 --> 01:49:59.380]  the retroactive.
[01:49:59.380 --> 01:50:07.900]  So the question is, would there be any value in making an affidavit or a statement to support
[01:50:07.900 --> 01:50:16.500]  the current grievance and use it to support the pictures that I have?
[01:50:16.500 --> 01:50:25.740]  What are the facts you need on the record to support and prove up your claim?
[01:50:25.740 --> 01:50:28.380]  That's rhetorical, that's a rhetorical question.
[01:50:28.380 --> 01:50:37.900]  Think, think, what are those facts and put those facts in an affidavit, state these are
[01:50:37.900 --> 01:50:44.420]  absolutely true and do it in verified format.
[01:50:44.420 --> 01:50:47.940]  Now they're on the record, they are true.
[01:50:47.940 --> 01:50:57.380]  The court or tribunal must treat those facts from the verified affidavit as if they are
[01:50:57.380 --> 01:51:07.220]  true and make their determinations based on that unless they can establish proof that
[01:51:07.220 --> 01:51:08.380]  they're not true.
[01:51:08.380 --> 01:51:13.420]  Right, so you don't want to do anything that you're stating something as fact when it's
[01:51:13.420 --> 01:51:21.380]  actually your legal conclusion or something that can be, somebody can point in, now these
[01:51:21.380 --> 01:51:25.020]  attorneys are good at, you know, find a little piece of yarn and pick at it, so you don't
[01:51:25.020 --> 01:51:29.780]  want to leave them anything that's loose ends, don't leave anything that's your opinion
[01:51:29.780 --> 01:51:35.220]  or your conclusive statements at all, we can just be the facts.
[01:51:35.220 --> 01:51:42.220]  Yes, and the facts would be that this has happened in the past since 2005 and I would,
[01:51:42.220 --> 01:51:49.620]  I have letters to prove it, that this problem has occurred in the past and that the pictures
[01:51:49.620 --> 01:51:56.580]  that I took are current, I'm not sure if I can prove that by looking at JPEGs inside
[01:51:56.580 --> 01:52:05.300]  my camera, use the camera, but I think the affidavit might be useful to establish that
[01:52:05.300 --> 01:52:14.060]  the pictures that I took are current and the other question is, you mentioned the prayer
[01:52:14.060 --> 01:52:19.800]  or you mentioned, is that the same as emotion?
[01:52:19.800 --> 01:52:20.800]  Wait, say that again?
[01:52:20.800 --> 01:52:27.700]  I think he was talking about using an affidavit in the context of a court case and he started
[01:52:27.700 --> 01:52:32.620]  talking about somebody's, right, so.
[01:52:32.620 --> 01:52:36.980]  I don't actually appear, the tax grievance company does, but they said it would help
[01:52:36.980 --> 01:52:41.660]  if I could send them pictures, so I sort of, I have all kinds of stuff I can send them
[01:52:41.660 --> 01:52:46.500]  from the present as well as the past, prove that this has been an ongoing, unresolved
[01:52:46.500 --> 01:52:47.500]  problem.
[01:52:47.500 --> 01:52:54.500]  Okay, I lost where we were at here.
[01:52:54.500 --> 01:53:03.900]  We were speaking in terms of affidavit and you're trying to establish a pattern of concerning
[01:53:03.900 --> 01:53:04.900]  your issue.
[01:53:04.900 --> 01:53:10.060]  Right, and then he was just wondering, he was trying to connect that to what you were
[01:53:10.060 --> 01:53:15.500]  talking about earlier, somebody didn't have a prayer, does he need to have a prayer, does
[01:53:15.500 --> 01:53:17.020]  he need to write a motion?
[01:53:17.020 --> 01:53:20.340]  Yeah, and affidavit on its surface does nothing.
[01:53:20.340 --> 01:53:32.540]  If you take the affidavit and establish or assert that the effects in this affidavit
[01:53:32.540 --> 01:53:44.380]  establish this harm to me and because of this harm as supported by this statement of facts,
[01:53:44.380 --> 01:53:50.980]  I have a right to remedy and I have been harmed, I have been harmed in this amount, make me
[01:53:50.980 --> 01:53:56.660]  hold it and be sued, then that becomes a tort letter.
[01:53:56.660 --> 01:54:02.700]  That gives the statement of facts teeth.
[01:54:02.700 --> 01:54:08.020]  Statement of facts does not move the court, does not move the other side to take any action.
[01:54:08.020 --> 01:54:15.900]  It's just telling your story, but if you append to the statement of facts a notice that you've
[01:54:15.900 --> 01:54:23.180]  been harmed, an amount in which you have been harmed and request that they make you hold
[01:54:23.180 --> 01:54:32.100]  or be sued under the Uniform Commercial Code, which New York has adopted.
[01:54:32.100 --> 01:54:41.100]  That is notice an opportunity to cure and that is the administrative action you must
[01:54:41.100 --> 01:54:47.860]  take before the courts will accept your claim.
[01:54:47.860 --> 01:54:55.220]  They want you to exercise your administrative remedies, that's the only administrative remedy
[01:54:55.220 --> 01:54:58.220]  they require you to exercise.
[01:54:58.220 --> 01:55:07.820]  If you take a statement of facts, adjust it as a statement of claim and demand cured
[01:55:07.820 --> 01:55:15.700]  and it becomes a notice an opportunity, the other side is bound by that, does that make
[01:55:15.700 --> 01:55:18.060]  sense?
[01:55:18.060 --> 01:55:26.740]  Yes, I'm just not sure, I think what I should do is I'll call the company that's doing
[01:55:26.740 --> 01:55:32.300]  the grievance for me, because I don't do that myself and it is worth the trouble.
[01:55:32.300 --> 01:55:36.980]  It's a lot of trouble to find out the information that you need, I tried doing it once myself
[01:55:36.980 --> 01:55:40.380]  and it really doesn't pay.
[01:55:40.380 --> 01:55:46.300]  They have accessed all of the real estate records that are difficult for me to get a hold of
[01:55:46.300 --> 01:55:48.900]  in order to make a case.
[01:55:48.900 --> 01:55:54.700]  The case is usually how much did other comparable house would sell for, you're trying to adjust,
[01:55:54.700 --> 01:55:58.900]  the object is you're trying to adjust the value of your house down and anything that
[01:55:58.900 --> 01:56:04.100]  will detract from the value in order to get a tax relief or reduction.
[01:56:04.100 --> 01:56:10.780]  Comps should be easy to come across, you can go to any real estate agent who might want
[01:56:10.780 --> 01:56:17.620]  to get a commission on selling your property and they'll produce comps for you.
[01:56:17.620 --> 01:56:25.980]  Sure, the amount of money is really not all that great and it is the gift that keeps giving
[01:56:25.980 --> 01:56:32.100]  I mean once you do it, so far my tax rate is about half what other people are paying
[01:56:32.100 --> 01:56:37.380]  around here, so I know it's been successful.
[01:56:37.380 --> 01:56:45.020]  Are you on the list, this guy is a pain in the rear list?
[01:56:45.020 --> 01:56:48.580]  I don't think so because I've never done this before.
[01:56:48.580 --> 01:56:52.820]  Oh okay, if you're not on that list you should be.
[01:56:52.820 --> 01:56:58.740]  Yeah, I'm just thinking of trying to find a way to add more support to the argument
[01:56:58.740 --> 01:57:06.500]  and the actual attorney I would imagine is part of the tax grievance company.
[01:57:06.500 --> 01:57:12.580]  I mean they charge you one year reduction which really gets a couple hundred dollars,
[01:57:12.580 --> 01:57:20.580]  it really is worth it for me to go do it myself because I have to work full time.
[01:57:20.580 --> 01:57:30.500]  That is part of their plan, they know that and that is why the federal courts have recognized
[01:57:30.500 --> 01:57:37.300]  a private attorney general suit, are you familiar with that?
[01:57:37.300 --> 01:57:39.980]  I don't remember but I've heard you talk about it.
[01:57:39.980 --> 01:57:45.500]  Okay, here's what a private attorney general suit is, you're in a tax situation where you
[01:57:45.500 --> 01:57:52.060]  feel like they're overtaxing you at a amount of money but in order to adjudicate this issue
[01:57:52.060 --> 01:57:58.060]  it's going to take ten times that amount of money just to address the issue.
[01:57:58.060 --> 01:58:00.780]  So who the heck is going to do that?
[01:58:00.780 --> 01:58:08.980]  So the courts have said that a citizen can sue in his own behalf and in the behalf of
[01:58:08.980 --> 01:58:11.700]  those similarly situated.
[01:58:11.700 --> 01:58:19.180]  This makes it profitable for a citizen to take on a case that would otherwise be of
[01:58:19.180 --> 01:58:25.380]  such small value that no one would address the remedy.
[01:58:25.380 --> 01:58:29.420]  So you're suing half of you and everybody else up and down that street that has that
[01:58:29.420 --> 01:58:34.060]  same problem in that same place.
[01:58:34.060 --> 01:58:39.380]  You get to sue not only for your harm but the harm to everybody else and that makes
[01:58:39.380 --> 01:58:44.380]  it profitable to take the suit so it creates the remedy.
[01:58:44.380 --> 01:58:50.260]  Hang on, got to go to our sponsors and we'll be right back.
[01:58:50.260 --> 01:58:55.700]  The Bible remains the most popular book in the world yet countless readers are frustrated
[01:58:55.700 --> 01:58:58.500]  because they struggle to understand it.
[01:58:58.500 --> 01:59:03.900]  Some new translations try to help by simplifying the text but in the process can compromise
[01:59:03.900 --> 01:59:07.140]  the profound meaning of the Scripture.
[01:59:07.140 --> 01:59:09.540]  Here the recovery version.
[01:59:09.540 --> 01:59:14.860]  First this new translation is extremely faithful and accurate but the real story is the more
[01:59:14.860 --> 01:59:18.580]  than 9000 explanatory footnotes.
[01:59:18.580 --> 01:59:23.580]  Difficult and profound passages are opened up in a marvelous way providing an entrance
[01:59:23.580 --> 01:59:28.260]  into the riches of the word beyond which you've ever experienced before.
[01:59:28.260 --> 01:59:33.420]  Bibles for America would like to give you a free recovery version simply for the asking.
[01:59:33.420 --> 01:59:43.860]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[01:59:43.860 --> 01:59:47.900]  or by ordering online at freestudybible.com.
[01:59:47.900 --> 01:59:50.900]  That's freestudybible.com.
[01:59:50.900 --> 01:59:53.700]  You are listening to the Logos Radio Network.
[01:59:53.700 --> 02:00:03.700]  LogosRadioNetwork.com.