[00:00.000 --> 00:06.360]  The Bill of Rights contains the first ten amendments of our Constitution that guarantee
[00:06.360 --> 00:09.560]  the specific freedoms Americans should know and protect.
[00:09.560 --> 00:11.040]  Our liberty depends on it.
[00:11.040 --> 00:14.960]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.960 --> 00:17.080]  your First Amendment rights.
[00:17.080 --> 00:18.680]  Privacy is under attack.
[00:18.680 --> 00:22.280]  When you give up data about yourself, you'll never get it back again.
[00:22.280 --> 00:27.040]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.040 --> 00:32.120]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.120 --> 00:34.800]  Privacy, it's worth hanging on to.
[00:34.800 --> 00:39.080]  This public service announcement is brought to you by Startpage.com, the private search
[00:39.080 --> 00:42.640]  engine alternative to Google, Yahoo, and Bing.
[00:42.640 --> 00:44.840]  Start over with Startpage.
[00:44.840 --> 00:47.920]  Spar, it's what fighters do.
[00:47.920 --> 00:51.400]  It's also how I remember the five guarantees of the First Amendment.
[00:51.400 --> 00:54.600]  If you plan to take away my rights, I'm going to spar with you.
[00:54.600 --> 01:01.720]  Spar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.720 --> 01:03.080]  and R for religion.
[01:03.080 --> 01:07.120]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.120 --> 01:11.000]  assembly, and religion, but petition for redress is another matter.
[01:11.000 --> 01:14.720]  We have the right to petition the government for a redress of grievances.
[01:14.720 --> 01:18.240]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.240 --> 01:20.920]  the reasons without fear of being thrown into jail.
[01:20.920 --> 01:31.200]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31.200 --> 01:34.840]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.840 --> 01:38.280]  They guarantee the specific freedoms Americans should know and protect.
[01:38.280 --> 01:39.760]  Our liberty depends on it.
[01:39.760 --> 01:43.680]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.680 --> 01:46.800]  one of your constitutional rights.
[01:46.800 --> 01:48.400]  Privacy is under attack.
[01:48.400 --> 01:52.000]  When you give up data about yourself, you'll never get it back again.
[01:52.000 --> 01:56.760]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.760 --> 02:01.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.800 --> 02:04.540]  Privacy, it's worth hanging on to.
[02:04.540 --> 02:08.820]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.820 --> 02:12.360]  engine alternative to Google, Yahoo, and Bing.
[02:12.360 --> 02:15.960]  Start over with StartPage.
[02:15.960 --> 02:20.320]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.320 --> 02:22.400]  of Rights in a big old bear hug.
[02:22.400 --> 02:26.920]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.920 --> 02:30.720]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.720 --> 02:31.720]  Get it?
[02:31.720 --> 02:34.040]  Two arms, bear hug, bear arms?
[02:34.040 --> 02:37.640]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.640 --> 02:43.400]  when he said, the right of the citizens to bear arms is just one guarantee against arbitrary
[02:43.400 --> 02:47.960]  conduct, one more safeguard against the tyranny which now appears remote in America, but which
[02:47.960 --> 02:50.680]  historically has proved to always be possible.
[02:50.680 --> 02:52.560]  I'm Dr. Catherine Albrecht.
[02:52.560 --> 03:16.240]  More news and information at CatherineAlbrecht.com.
[03:22.560 --> 03:37.920]  Okay, howdy, howdy.
[03:37.920 --> 03:43.760]  This is Randy Kelton, Brett Fountain, Blue Lave Law Radio on this Thursday, the 22nd
[03:43.760 --> 03:49.840]  day of December 2022.
[03:49.840 --> 03:52.360]  Year's almost gone.
[03:52.360 --> 03:55.760]  Looks like it should be about May.
[03:55.760 --> 04:01.800]  My mom warned me about this, that it's going to keep getting faster.
[04:01.800 --> 04:06.240]  I don't know, I've had so much going on, it feels like I don't have time to catch up
[04:06.240 --> 04:08.760]  to yesterday yet.
[04:08.760 --> 04:14.480]  Well it has been an interesting year, and fortunately for my circumstances, been no
[04:14.480 --> 04:21.440]  major catastrophes, families are all doing well, and I'm still here.
[04:21.440 --> 04:26.520]  I woke up this morning, so it's a good thing so far, at least in my opinion, there's some
[04:26.520 --> 04:32.720]  other people who have different opinions, and I was just producing Tom Kiley's show
[04:32.720 --> 04:38.440]  and they brought me in on the last segment to speak to this Brunson case.
[04:38.440 --> 04:47.480]  This is the case where these two brothers actually did what citizens of a republic have
[04:47.480 --> 04:50.480]  a duty to do.
[04:50.480 --> 04:59.240]  They saw that their public servants were not abiding by their law and their constitution,
[04:59.240 --> 05:03.360]  and they took them on.
[05:03.360 --> 05:10.920]  At least one senator raises a question about an election.
[05:10.920 --> 05:19.120]  The constitution requires that before the election is certified, the entire senate must
[05:19.120 --> 05:27.120]  debate the issue, but the senate voted to waive that and went ahead and certified the
[05:27.120 --> 05:28.120]  election.
[05:28.120 --> 05:32.000]  Well there's a problem with that.
[05:32.000 --> 05:33.720]  It violated the constitution.
[05:33.720 --> 05:38.040]  Yeah, how do they just waive a must?
[05:38.040 --> 05:43.040]  How do they waive a constitutional provision?
[05:43.040 --> 05:50.960]  Now these guys stood and raised their hand and swore on their oath.
[05:50.960 --> 05:56.160]  Then they failed to, in the military they call it failed to repair.
[05:56.160 --> 06:00.580]  They failed to act in accordance with their sworn oath.
[06:00.580 --> 06:10.080]  Now they swore on this oath and based on their sworn oath, we entered into a contract with
[06:10.080 --> 06:18.280]  them, and they received monetary remuneration in return for their oath.
[06:18.280 --> 06:23.540]  The contract is not a contract until something of value changes hands.
[06:23.540 --> 06:31.760]  When they cashed that first check, the contract was consummated and they were bound to it.
[06:31.760 --> 06:39.160]  But they then repudiated the contract by failing to act in accordance with its covenant, and
[06:39.160 --> 06:44.440]  those covenants are contained in the U.S. constitution.
[06:44.440 --> 06:53.380]  And now a citizen in the republic, two citizens in this republic, are calling those legislators
[06:53.380 --> 06:59.400]  to task, calling their public servants to task.
[06:59.400 --> 07:09.080]  And politically at right place, right time, because it appears that the Supreme may well
[07:09.080 --> 07:15.320]  have been looking for something just like this.
[07:15.320 --> 07:22.120]  Apparently the Supreme has been under a lot of heat lately for making these hard decisions.
[07:22.120 --> 07:27.920]  And now it may be time for them to strike back a little bit and remind the legislators
[07:27.920 --> 07:32.200]  of who they really are.
[07:32.200 --> 07:34.600]  This could get interesting.
[07:34.600 --> 07:38.900]  The Supreme does not have to move for Quo Warento removal.
[07:38.900 --> 07:42.320]  The Brunson's can do that.
[07:42.320 --> 07:44.520]  They're the ones that brought the case.
[07:44.520 --> 07:46.960]  They're the ones that have standing.
[07:46.960 --> 07:58.440]  If the Supreme rules against these legislators, some 365 of them, then they all stand to be
[07:58.440 --> 08:02.520]  liable to Quo Warento removal from office.
[08:02.520 --> 08:11.360]  They stand to be charged with official misconduct under 18 U.S. Code 242.
[08:11.360 --> 08:13.240]  This could get very interesting.
[08:13.240 --> 08:20.960]  I suspect that regardless of what the Supreme does, these two citizens, these two ordinary
[08:20.960 --> 08:28.160]  people have got their attention.
[08:28.160 --> 08:30.800]  I'm embarrassed that Brett didn't do it.
[08:30.800 --> 08:36.800]  Brett, where were you?
[08:36.800 --> 08:37.800]  Same place I was?
[08:37.800 --> 08:44.520]  But that's the power of a republic.
[08:44.520 --> 08:47.320]  Everybody can't think of everything.
[08:47.320 --> 08:54.280]  But when you got 330 million people out there, you should pretty well have someone to span
[08:54.280 --> 08:55.280]  the gamut.
[08:55.280 --> 08:57.840]  And it looks like they've done so this time.
[08:57.840 --> 08:59.480]  I could not be more pleased.
[08:59.480 --> 09:02.840]  Let me turn the phone lines on.
[09:02.840 --> 09:03.840]  Phone lines are on.
[09:03.840 --> 09:12.040]  If you have a question or comment, give us a call, 512-646-1984.
[09:12.040 --> 09:16.600]  And these guys are doing essentially what we're trying to do, except we're doing it
[09:16.600 --> 09:18.080]  on a much smaller scale.
[09:18.080 --> 09:25.440]  Now, I filed a complaint against the governor, but that was only one state of 50.
[09:25.440 --> 09:30.560]  These guys went to the source.
[09:30.560 --> 09:36.960]  So if anybody hasn't read that pleading, you should get it.
[09:36.960 --> 09:43.320]  I haven't read the whole thing, but I'm going to get it out and go through it in tiny pieces.
[09:43.320 --> 09:46.960]  I want to understand it frontwards and backwards.
[09:46.960 --> 09:57.000]  Because what I'm doing in Texas is, and what we've been promoting on the air, is asking
[09:57.000 --> 10:02.920]  public officials to do what the law commands them to do.
[10:02.920 --> 10:10.240]  What I've been doing lately is I give criminal complaints to public officials against other
[10:10.240 --> 10:12.800]  public officials.
[10:12.800 --> 10:18.840]  And then when those public officials don't issue warrants against the other public officials,
[10:18.840 --> 10:23.720]  which they never do because they all have their snouts in the same trough, then I file
[10:23.720 --> 10:27.160]  against those officials, not getting the other officials.
[10:27.160 --> 10:34.720]  Don't you just love pronouns, Brett, unspecific pronouns?
[10:34.720 --> 10:43.240]  But I'm trying to put these officials in a position such that if they attempt to run
[10:43.240 --> 10:49.480]  interference for one of their buddies, then they essentially throw themselves under the
[10:49.480 --> 10:54.240]  bus, and I'm here to run over them with it.
[10:54.240 --> 11:02.520]  I'm doing this in Victoria County, Hill County, and about to go back to Wise County.
[11:02.520 --> 11:07.880]  I have tried to contact the governor, and I'll continue to do that.
[11:07.880 --> 11:14.960]  And if anybody listening here is in Texas and is interested in changing the legal system,
[11:14.960 --> 11:29.320]  there is a very simple way, contact your legislators and ask them to propose to the legislature
[11:29.320 --> 11:41.440]  that the legislature issue a statement of legislative intent on the passage of 14.06
[11:41.440 --> 11:52.680]  in 15.16, where there was added to the original code in 14.06 a subordinate clause, and in
[11:52.680 --> 11:57.000]  15.16 a subhead, a subparagraph.
[11:57.000 --> 12:05.360]  The gist of the subparagraph is where the code directs the arresting, the person making
[12:05.360 --> 12:11.840]  the arrest, to take the person directly to the nearest magistrate, something that's been
[12:11.840 --> 12:14.440]  in law for 800 years.
[12:14.440 --> 12:19.320]  They added a subordinate clause, however, in order to more expeditiously provide the
[12:19.320 --> 12:27.600]  warnings in 15.17, they may take the person to any other county in Texas.
[12:27.600 --> 12:39.720]  Well, our prosecutors looked at that and said, oh boy, we've got a way to get around everything.
[12:39.720 --> 12:44.040]  So now all we have to do is give them the warnings in 15.17, and those warnings are
[12:44.040 --> 12:47.240]  just the Miranda warnings.
[12:47.240 --> 12:52.880]  And now we don't have to do what Chapter 16 tells us.
[12:52.880 --> 13:01.320]  What happened originally occurred in 74, and up until 1974, the incarceration rate and
[13:01.320 --> 13:06.360]  the population increased in lockstep.
[13:06.360 --> 13:13.320]  The same number of people per capita were getting in trouble, and as per capita increased,
[13:13.320 --> 13:18.560]  the number of people being arrested increased.
[13:18.560 --> 13:22.920]  Then in 1974, things changed.
[13:22.920 --> 13:32.080]  This subparagraph, this subordinate clause got added to 14.06, and I generally take 14.06
[13:32.080 --> 13:38.640]  because the vast majority of people who are arrested are arrested for an on-site offense.
[13:38.640 --> 13:42.920]  Some are arrested on an existing warrant, but most are on-site offense.
[13:42.920 --> 13:44.960]  Supposedly.
[13:44.960 --> 13:54.720]  Not supposedly arrested, but supposed on-site offense, and that's important because our
[13:54.720 --> 13:57.640]  legislators knew and understood that.
[13:57.640 --> 14:03.960]  So to make sure it was more than just supposedly, they were commanded to take that person directly
[14:03.960 --> 14:10.440]  to the nearest magistrate and explain themselves, and the magistrate would decide if they actually
[14:10.440 --> 14:16.000]  had grounds or not, not the arresting officer.
[14:16.000 --> 14:23.400]  Prosecutors took the opportunity to take this poorly worded subordinate clause and interpret
[14:23.400 --> 14:31.360]  it so that it invalidated an entire chapter in the Texas Code of Criminal Procedure.
[14:31.360 --> 14:41.000]  And under the Government Code 311, the Code Construction Act, it directs us, and case
[14:41.000 --> 14:50.920]  law, back to the beginning, has directed us to interpret statute so that it is in paramaterial
[14:50.920 --> 14:53.760]  with the corpus juris.
[14:53.760 --> 14:58.680]  That means that it is in concert with the entire body of law.
[14:58.680 --> 15:07.680]  Here, they've interpreted this subordinate clause so that it comes into conflict with
[15:07.680 --> 15:13.600]  the corpus juris, the body of law, in that it completely bypasses a whole chapter.
[15:13.600 --> 15:19.120]  So we're asking the legislators to issue a statement of legislative intent that this
[15:19.120 --> 15:27.000]  subordinate clause that says in order to more expeditiously provide the warnings in 1517,
[15:27.000 --> 15:34.280]  they may take the person to any other county in Texas.
[15:34.280 --> 15:39.400]  Other is a word they put in there, and we have to consider that it's put in there on
[15:39.400 --> 15:42.360]  purpose.
[15:42.360 --> 15:50.120]  And the only way that can be interpreted is if the person is arrested outside the county
[15:50.120 --> 15:57.200]  of jurisdiction, then they may be taken to a magistrate in another county.
[15:57.200 --> 16:04.240]  It has always been in Texas law that any magistrate can hear any complaint, felony, or misdemeanor,
[16:04.240 --> 16:06.680]  and any magistrate can hold an examining trial.
[16:06.680 --> 16:10.680]  This is Attorney General's Opinion H-500.
[16:10.680 --> 16:13.480]  That's been standard.
[16:13.480 --> 16:19.280]  And the situation where somebody's arrested out of county, well, it's hard to have an
[16:19.280 --> 16:23.080]  examining trial where you don't have any of the witnesses, you don't have any of the evidence,
[16:23.080 --> 16:24.080]  you don't have anything.
[16:24.080 --> 16:26.880]  Everything is in the county of regional jurisdiction.
[16:26.880 --> 16:30.400]  So they said, okay, okay, you don't have to wait till you get them back to their county.
[16:30.400 --> 16:36.720]  You can take them to any other county, and the judge can hold an examining trial or he
[16:36.720 --> 16:42.840]  can provide these warnings and postpone the examining trial till you get back to the county
[16:42.840 --> 16:43.840]  of jurisdiction.
[16:43.840 --> 16:50.800]  Well, prosecutors read that to say we could just ignore the examining trial altogether.
[16:50.800 --> 16:52.840]  And that's when all hell broke loose.
[16:52.840 --> 17:00.360]  Hang on, Randy Kelton, Brett Fowl, the Wheel of Law Radio, we'll be right back.
[17:00.360 --> 17:05.120]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[17:05.120 --> 17:09.160]  Stop debt collectors now with the Michael Mears proven method.
[17:09.160 --> 17:13.480]  Michael Mears has won six cases in federal court against debt collectors, and now you
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[17:14.480 --> 17:19.400]  You'll get step-by-step instructions in plain English on how to win in court using federal
[17:19.400 --> 17:25.160]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[17:25.160 --> 17:29.720]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[17:29.720 --> 17:33.920]  financial tables on them and make them pay you to go away.
[17:33.920 --> 17:39.040]  The Michael Mears 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 Mears banner
[17:46.720 --> 17:49.720]  or email michaelmears at yahoo.com.
[17:49.720 --> 17:58.720]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[17:58.720 --> 18:01.600]  collectors next.
[18:01.600 --> 18:05.960]  Are you looking to have a closer relationship with God and a better understanding of His
[18:05.960 --> 18:06.960]  Word?
[18:06.960 --> 18:12.120]  Tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture
[18:12.120 --> 18:18.520]  Talk where Nana and her guests discuss the Scriptures in accord with 2nd Timothy 2.15.
[18:18.520 --> 18:23.040]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly
[18:23.040 --> 18:25.440]  dividing the word of truth.
[18:25.440 --> 18:29.440]  Starting in January, our first hour studies are in the Book of Mark where we'll go verse
[18:29.440 --> 18:32.760]  by verse and discuss the true Gospel message.
[18:32.760 --> 18:37.400]  Our second hour topical studies will vary each week with discussions on sound doctrine
[18:37.400 --> 18:39.800]  and Christian character development.
[18:39.800 --> 18:44.320]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:44.320 --> 18:48.680]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[18:48.680 --> 18:50.120]  of our Lord and Savior Jesus.
[18:50.120 --> 18:57.560]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and
[18:57.560 --> 19:04.560]  motivate your studies of the Scriptures.
[19:27.560 --> 19:35.840]  Okay.
[19:35.840 --> 19:36.840]  We are back.
[19:36.840 --> 19:39.760]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[19:39.760 --> 19:47.800]  I got talking about what Jane's going to ask and I forgot where we were at, Brett.
[19:47.800 --> 19:49.560]  We haven't introduced her yet.
[19:49.560 --> 19:50.560]  I know.
[19:50.560 --> 20:00.560]  I was talking about something and I shifted to subjects and I lost my place.
[20:00.560 --> 20:02.880]  Did you just NLP yourself?
[20:02.880 --> 20:03.880]  I did.
[20:03.880 --> 20:04.880]  I did.
[20:04.880 --> 20:05.880]  I didn't.
[20:05.880 --> 20:06.880]  A pattern interrupted me.
[20:06.880 --> 20:08.880]  It wasn't a reality stack.
[20:08.880 --> 20:09.880]  Yes.
[20:09.880 --> 20:10.880]  Okay.
[20:10.880 --> 20:15.800]  Well, in that case, it may come to me later.
[20:15.800 --> 20:19.480]  Things come back to me later and later as I get older.
[20:19.480 --> 20:22.880]  So we'll go ahead and go to Jane in California.
[20:22.880 --> 20:30.960]  Jane in Texas, we just got E.J. in California and I'm old and stuff like that confuses me.
[20:30.960 --> 20:32.200]  Okay, Jane.
[20:32.200 --> 20:33.200]  You had a question.
[20:33.200 --> 20:34.200]  Hi, Randy.
[20:34.200 --> 20:37.360]  How are you doing or not?
[20:37.360 --> 20:39.400]  Doing pretty good for an old fat guy.
[20:39.400 --> 20:44.400]  No, you always say that and you're not that fat and you're not that old either.
[20:44.400 --> 20:45.400]  Anyway.
[20:45.400 --> 20:46.400]  Okay.
[20:46.400 --> 20:48.160]  The question is about the penal code.
[20:48.160 --> 20:56.600]  The penal code 1.03 and when it says that an offense is not an offense unless it's defined
[20:56.600 --> 20:59.920]  as an offense in the statute, by statute and so-
[20:59.920 --> 21:00.920]  Okay.
[21:00.920 --> 21:01.920]  Do you know what that means?
[21:01.920 --> 21:07.240]  To me, it says if there's not something in the statute, and I'm talking about any statute
[21:07.240 --> 21:13.800]  that defines whatever it is that you're talking about being a crime or an offense, that means
[21:13.800 --> 21:18.080]  it's not an offense if it's not defined as an offense, right?
[21:18.080 --> 21:20.360]  That was mentally lazy.
[21:20.360 --> 21:21.360]  Okay.
[21:21.360 --> 21:22.360]  Mentally lazy.
[21:22.360 --> 21:23.360]  Here's why.
[21:23.360 --> 21:24.360]  Okay.
[21:24.360 --> 21:33.780]  You arbitrarily and capriciously asserted that because you found a particular prescription
[21:33.780 --> 21:41.960]  in one code, that that particular prescription applied to all codes.
[21:41.960 --> 21:44.200]  We have to be real careful about that.
[21:44.200 --> 21:48.560]  In the Patriot community, this has been a really big problem.
[21:48.560 --> 21:53.200]  For a long time there, we had people, I don't remember exactly what the provision was, but
[21:53.200 --> 22:01.200]  they pulled a provision out of the IRS code and then tried a term they used and then tried
[22:01.200 --> 22:03.800]  to use it everywhere else.
[22:03.800 --> 22:04.800]  It might've been person.
[22:04.800 --> 22:11.440]  Person and state are the ones that I remember that people have tried to stamp on every other
[22:11.440 --> 22:12.440]  code.
[22:12.440 --> 22:13.440]  Yes.
[22:13.440 --> 22:14.440]  We have to be real careful.
[22:14.440 --> 22:21.560]  When you read a prescription like that, that if something's not defined as an offense in
[22:21.560 --> 22:26.800]  this code, read that again.
[22:26.800 --> 22:27.800]  Okay.
[22:27.800 --> 22:28.800]  Now here, okay.
[22:28.800 --> 22:29.800]  Think about it this way.
[22:29.800 --> 22:30.800]  Okay.
[22:30.800 --> 22:34.320]  You know that speed and citations are actually a criminal thing.
[22:34.320 --> 22:38.240]  They're a criminal citation and they get tried by a criminal court.
[22:38.240 --> 22:39.400]  No, no, no, no, no.
[22:39.400 --> 22:50.520]  You cannot push the transportation code, which is a profession's code onto the penal code.
[22:50.520 --> 22:57.000]  All professions have restrictions and those restrictions can be criminal.
[22:57.000 --> 23:05.240]  If you're doctors, chiropractors, plumbers, if a plumber comes and knocks on your door
[23:05.240 --> 23:09.400]  and says, hey, you got water leaking out under your building, here's my card.
[23:09.400 --> 23:10.720]  I can fix that.
[23:10.720 --> 23:11.720]  That's baritre.
[23:11.720 --> 23:12.720]  Okay.
[23:12.720 --> 23:15.200]  And that's a felony in Texas.
[23:15.200 --> 23:25.260]  But it's only a felony because it's in a professional conduct code.
[23:25.260 --> 23:35.760]  The accused has to be down to the code by agreement.
[23:35.760 --> 23:40.160]  And what else, Brett?
[23:40.160 --> 23:50.080]  Anyway, you can't push the professional conduct code on the penal code unless there is a provision
[23:50.080 --> 23:55.800]  in the professional conduct code that applies the penal code.
[23:55.800 --> 24:01.000]  If there's a crime in the profession's code, it's a crime in the profession code and you
[24:01.000 --> 24:03.420]  can't apply anything in the penal code to it.
[24:03.420 --> 24:12.080]  You can the code of criminal procedure because that one applies to all crimes.
[24:12.080 --> 24:16.800]  Penal code definitions you can only apply to the penal code.
[24:16.800 --> 24:24.960]  With that said, most any definition like this, you can almost certainly find it in the other
[24:24.960 --> 24:25.960]  codes.
[24:25.960 --> 24:26.960]  Okay.
[24:26.960 --> 24:32.960]  And what about the transportation code?
[24:32.960 --> 24:34.440]  What about the transportation code?
[24:34.440 --> 24:37.240]  Well, and I can find it in other codes.
[24:37.240 --> 24:43.560]  That being the one that's in question is that code because Eddie says the way to fight this
[24:43.560 --> 24:56.440]  speeding ticket is through, first of all, 351, 352, 904 or 201.904 and then penal code 103.
[24:56.440 --> 25:01.680]  He puts those four statutes to fight these speeding tickets since that's the only four
[25:01.680 --> 25:02.680]  that you need.
[25:02.680 --> 25:08.440]  So he puts the penal code right there with the three statutes for the transportation.
[25:08.440 --> 25:13.840]  Okay, what penal code statute did you read?
[25:13.840 --> 25:16.840]  The 1.03.
[25:16.840 --> 25:19.400]  Okay.
[25:19.400 --> 25:20.400]  Who did that?
[25:20.400 --> 25:21.400]  You said he.
[25:21.400 --> 25:27.240]  That's the way Eddie is saying for me to go fight this and he also told Brent the same
[25:27.240 --> 25:28.240]  thing.
[25:28.240 --> 25:31.680]  Raise this issue to Eddie, Eddie knows better.
[25:31.680 --> 25:39.680]  Sometimes we get mentally sloppy or Eddie may know where the passage is in the transportation
[25:39.680 --> 25:42.400]  code that applies the penal code.
[25:42.400 --> 25:43.400]  Okay.
[25:43.400 --> 25:45.600]  Yeah, that's why.
[25:45.600 --> 25:48.960]  You can't automatically stick them together.
[25:48.960 --> 25:51.360]  Okay, okay.
[25:51.360 --> 25:54.840]  This one is more blatant.
[25:54.840 --> 25:58.200]  It's not as obvious of how problematic it can be.
[25:58.200 --> 26:05.720]  Some of these issues where people take a definition out of one code and try to use it in another.
[26:05.720 --> 26:12.160]  I think we had someone a couple of weeks ago who was trying to apply the federal law to
[26:12.160 --> 26:13.160]  the state.
[26:13.160 --> 26:14.160]  Okay.
[26:14.160 --> 26:18.800]  And they were saying in the sense it's a crime in the Fed and it's a crime in the state.
[26:18.800 --> 26:21.000]  No, no, no, no, it's not.
[26:21.000 --> 26:22.280]  These are all different animals.
[26:22.280 --> 26:25.800]  You can't mix them together and you can't take a-
[26:25.800 --> 26:38.240]  You're mixing up, you're mixing precedent with law.
[26:38.240 --> 26:48.240]  President is a specification of an application of law.
[26:48.240 --> 26:50.960]  That's just how a court case rules.
[26:50.960 --> 26:58.280]  And the statutes cannot cover every single possibility or eventuality.
[26:58.280 --> 27:05.880]  So they make the law as well structured as they can, but it can't cover everything.
[27:05.880 --> 27:14.000]  So then they ask the courts to take these special circumstances that occur and apply
[27:14.000 --> 27:22.400]  the intent of the legislature to this circumstance the legislature did not anticipate or was
[27:22.400 --> 27:26.160]  not aware of, or just didn't have room to cover.
[27:26.160 --> 27:30.400]  We use the courts to fill in those empty spaces, but-
[27:30.400 --> 27:35.400]  They're criminals.
[27:35.400 --> 27:38.960]  Say again, if you try to stalk while I'm talking, it blocks you out.
[27:38.960 --> 27:42.400]  So only if they got the last half of a word there.
[27:42.400 --> 27:45.200]  They're criminals.
[27:45.200 --> 27:50.520]  You should have heard Brett's trial he just had.
[27:50.520 --> 27:53.120]  They're criminals in that court.
[27:53.120 --> 27:54.120]  Okay.
[27:54.120 --> 27:56.520]  That's a political commentary.
[27:56.520 --> 27:58.520]  Okay.
[27:58.520 --> 28:00.080]  And we can't use that.
[28:00.080 --> 28:02.400]  I agree.
[28:02.400 --> 28:05.640]  Of all people, you know who you're talking to.
[28:05.640 --> 28:06.720]  I know.
[28:06.720 --> 28:08.680]  I make them all criminals.
[28:08.680 --> 28:11.240]  I go in and set them up to be criminals.
[28:11.240 --> 28:13.160]  I give them opportunities to be criminals.
[28:13.160 --> 28:15.240]  I'm very well aware of that part.
[28:15.240 --> 28:23.840]  However, when I'm doing law, I have to be mentally disciplined.
[28:23.840 --> 28:27.240]  Be careful how you generalize.
[28:27.240 --> 28:29.400]  Okay.
[28:29.400 --> 28:33.840]  Be specific, especially when you're using definitions.
[28:33.840 --> 28:36.080]  Okay.
[28:36.080 --> 28:40.000]  If you can't define a word, don't use it.
[28:40.000 --> 28:41.000]  Okay.
[28:41.000 --> 28:47.560]  Take some of your periods and just as practice and look at the words and define it.
[28:47.560 --> 28:49.560]  What's the definition of the?
[28:49.560 --> 28:50.560]  Right.
[28:50.560 --> 28:51.560]  T-H-E.
[28:51.560 --> 28:52.560]  Right.
[28:52.560 --> 28:53.560]  Yes.
[28:53.560 --> 28:54.560]  We use it all the time.
[28:54.560 --> 28:55.560]  We don't know what it means.
[28:55.560 --> 29:00.120]  The most common meaning, it has a number of them.
[29:00.120 --> 29:03.920]  And a lot of the times it's used where it doesn't have a meaning, it's just a mental
[29:03.920 --> 29:04.920]  marker.
[29:04.920 --> 29:11.360]  But when it has a meaning, it means one previously mentioned.
[29:11.360 --> 29:15.480]  And when you've got that in your head, you're writing legal documents, what it keeps you
[29:15.480 --> 29:23.040]  from doing is making unspecified references or using unspecified pronouns.
[29:23.040 --> 29:30.800]  You're speaking to someone, him, her, them, they.
[29:30.800 --> 29:38.920]  Those are pronouns and they tend to mostly be unspecified unless we say those people
[29:38.920 --> 29:40.400]  in this circumstance.
[29:40.400 --> 29:41.400]  Right.
[29:41.400 --> 29:48.680]  Now, in spoken language, we can get away with being more general, but in law, we have to
[29:48.680 --> 29:56.520]  be very pedantic because it is the job of the lawyer to misinterpret what you say.
[29:56.520 --> 29:57.520]  Hang on.
[29:57.520 --> 29:58.520]  We'll be right back.
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[31:53.320 --> 32:14.320]  Dr. Catherine Albrecht, Dr. Albrecht, Dr. Albrecht, Dr. Albrecht, Dr. Albrecht, Dr.
[32:14.320 --> 32:35.000]  Albrecht, Dr. Albrecht, Dr. Albrecht
[32:35.000 --> 32:39.680]  of Law. You can get your own copy of this invaluable material by going to ruleoflawradio.com
[32:39.680 --> 32:43.160]  and ordering your copy today. By ordering now, you'll receive a copy of Eddie's book,
[32:43.160 --> 32:47.600]  The Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009
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[32:51.360 --> 32:55.240]  to fight for your rights with the help of this material from ruleoflawradio.com. Order
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[33:00.240 --> 33:07.240]  Live, free speech radio, logosradio.com.
[34:00.240 --> 34:07.240]  Okay, we are back. Randy Kelton, Rep Mountain, Rule of Law Radio, and we're talking to Jane
[34:07.240 --> 34:14.240]  in Texas. And we're talking about mental discipline. For me, these are some of the most fun things
[34:14.240 --> 34:21.240]  I can do because we take on words in ways, you know, we know the lawyers on the other
[34:21.240 --> 34:28.240]  side are going to try to misconstrue everything we can. They can. So we, I get to play this
[34:28.240 --> 34:35.240]  game with them and use my verbiage very carefully. And Brett has got some examples of how to
[34:35.240 --> 34:42.240]  do this. Go ahead, Brett. Okay. Well, if you want to, if you want to learn more about the
[35:05.240 --> 35:12.240]  rules of the rule of law, you can go to the link in the description below. And if you
[35:36.240 --> 35:43.240]  are not protecting the caverns, you're one of these cavern guide people and you don't
[35:46.200 --> 35:52.120]  protect the caverns. Or you try to sell some speleothems in the state. Well, then that's
[35:52.120 --> 35:59.120]  a misdemeanor, whatever one of those things is. Or if you don't respond timely to a open
[35:59.120 --> 36:06.120]  records request, 552.353 says that is an act of official misconduct. Right. Okay. Where
[36:11.200 --> 36:18.200]  they're going is if something is not declared a crime, then it's not a crime. We have a
[36:18.200 --> 36:25.200]  lot of things in the code that it says you must not do. But if no remedy is attached,
[36:32.240 --> 36:39.240]  like in 552.353, it says generally a violation of this code is an act of official misconduct.
[36:39.240 --> 36:46.240]  So it encompasses the whole code. Sometimes like in the code, they have things in there
[36:47.800 --> 36:54.800]  that are descriptive and tell you things not to do, but they don't designate a punishment.
[36:55.120 --> 37:02.120]  They don't call it a felony or a misdemeanor. If they don't call it a felony or a misdemeanor,
[37:02.120 --> 37:09.120]  then it is not a felony or a misdemeanor. Does that make sense, Jane? Yeah, it does.
[37:10.160 --> 37:17.160]  And so that tells me then, since speeding is not defined as a misdemeanor in transportation
[37:17.160 --> 37:23.160]  code, then it's not a misdemeanor. Isn't there a section in the transportation code that
[37:23.160 --> 37:33.080]  designates a violation of this code as a misdemeanor? It doesn't apply to regular people in their
[37:33.080 --> 37:40.080]  regular cars. You didn't answer my question. That's a different question. Change the subject.
[37:40.080 --> 37:46.080]  No, I don't think there is. No, you don't get to say that. No, you don't get to say
[37:46.080 --> 37:53.080]  that. We're talking being careful here. You don't think there is. The law is not necessarily
[37:53.520 --> 38:07.520]  the way we think it is. You need to read that code and see where it defines. As I recall,
[38:07.920 --> 38:14.920]  there are categories in the transportation code that are defined as classy misdemeanors.
[38:14.920 --> 38:21.360]  There are some things in there that are Class B misdemeanors or felonies. They're defined
[38:21.360 --> 38:28.360]  in the code. But here's the thing. Okay. Do you not agree that there's only one thing
[38:29.800 --> 38:35.680]  called a speed sign, correct? The speed sign on the roof, and they're erected by the Texas
[38:35.680 --> 38:42.680]  Department of Public Safety? Yes. Okay. So that defined as being only commercial that
[38:42.680 --> 38:49.680]  it applies to. Okay. We got that. I think everybody here who listens very often is well
[38:49.760 --> 38:56.760]  aware of that one, that the statute specifically says that speed limit signs are for the regulation
[38:57.240 --> 39:02.280]  of commercial traffic. Yeah, we got that. So how can a regular person that's not engaged
[39:02.280 --> 39:13.080]  in commercial violate that sign when that sign doesn't apply to them? Foul. You changed
[39:13.080 --> 39:22.080]  subjects in the middle of a sentence. We were talking about the application of terms in
[39:22.640 --> 39:29.640]  the code. Okay. And you're arguing whether or not the transportation code applies to
[39:29.640 --> 39:36.640]  you. That's a different issue. Okay. Then let me ask you this. In the penal
[39:36.840 --> 39:42.920]  code for that, the penal code that I'm talking about, it says conduct. Conduct is not an
[39:42.920 --> 39:49.920]  offense unless it's described as an offense in a statute, you know, and that word conduct.
[39:50.760 --> 39:57.760]  Well, and the transportation code, the conduct, they talk about conduct of the actor, meaning
[39:57.760 --> 40:03.280]  that the person who's violating, you know what I'm saying? You're still trying to do
[40:03.280 --> 40:10.280]  the same thing. You're trying to take one code and apply it to another code. We do see
[40:12.480 --> 40:18.320]  a lot of places in the Texas transportation code where it will go and reach out from the
[40:18.320 --> 40:22.480]  Texas transportation code. It'll reach out and it'll reference something in the penal
[40:22.480 --> 40:29.480]  code. It will say, or a reckless driving exhibition as defined by section 42.03 penal code. And
[40:31.080 --> 40:36.480]  it will stretch over there to point to that. But not everything that's in the penal code
[40:36.480 --> 40:43.480]  can automatically be applied to all other codes. I agree. I agree with that. Okay. Okay.
[40:44.600 --> 40:48.920]  And we're not saying you're not right. We're just talking about mental discipline here.
[40:48.920 --> 40:55.920]  We have to be careful about how we organize things. Because, you know, I do the same thing.
[40:55.960 --> 41:01.720]  For a long time, I quoted that rights belong to the belligerent litigant. You've probably
[41:01.720 --> 41:08.720]  all heard me say that. And I'm embarrassed about that. Why? The State v. Johnson, where
[41:08.720 --> 41:15.720]  that's quoted, it refers to two other cases. I finally looked it up. It's not in either
[41:18.000 --> 41:25.000]  one of those cases. They made it up. Yeah. So we have to be careful. Even when we're
[41:28.800 --> 41:35.800]  using case law. Right now, when I'm writing legal documents, they'll have a citation in
[41:35.800 --> 41:41.800]  a code, like Gerstein Pugh. Gerstein Pugh has this big citation. And right at the bottom
[41:41.800 --> 41:47.800]  of it, it has a whole list of different cases. They're separated by semi-colons. So when
[41:47.800 --> 41:54.800]  I come to those, I put a carriage return behind each one. Then I look that code up. And then
[41:54.800 --> 42:04.800]  I take the context of the citation above it and try to do a keyword search for the subject
[42:04.800 --> 42:15.800]  matter. In this case, they cite it. And I am amazed at how often I don't find it. Wow.
[42:15.800 --> 42:22.800]  It's frustrating how often I don't find it. I just did one example. And then I looked
[42:22.800 --> 42:35.800]  it up. I just did one out of 1895. No, I'm sorry. It was Heath Boyd. If you heard me
[42:35.800 --> 42:41.800]  talking about magistrates, I talk about in Texas, you're required to take a person directly
[42:41.800 --> 42:48.800]  to the nearest magistrate. That's Heath Boyd. And it had a bunch of cases. I looked them
[42:48.800 --> 42:59.800]  up. And they kind of spoke generally to this situation, but not directly. Okay. I couldn't
[42:59.800 --> 43:08.800]  use them. This one guy was arrested and deputies, they found a dead body in a train car that
[43:08.800 --> 43:13.800]  this guy had loaded with stuff. His brother was found inside a car, inside the train car.
[43:13.800 --> 43:18.800]  And they accused him of murdering. The deputies arrested him, held him, questioned him. And
[43:18.800 --> 43:22.800]  they let him go home. And then they made him come back again and held him. And nowhere
[43:22.800 --> 43:29.800]  in there did they mention taking him to a magistrate. Right. But then they tried to
[43:29.800 --> 43:35.800]  hold the sheriff responsible for the deputies. The case was about holding the sheriff responsible
[43:35.800 --> 43:43.800]  for the deputies because the deputies didn't follow the rules. But it never said what the
[43:43.800 --> 43:50.800]  rules were. They implied it was not taking him to a magistrate. I can't use that. So
[43:50.800 --> 43:55.800]  we need to exercise discipline. Keep all the separate parts in separate places. Hang on
[43:55.800 --> 43:59.800]  Randy Kelton, Brett Fountain, Wheelbar Radio. We'll be right back.
[43:59.800 --> 44:04.800]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends. I'm
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[44:13.800 --> 44:17.800]  volunteer as a show producer, but I'm a bit of a Luddite and I really don't have any money
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[44:39.800 --> 44:45.800]  use that link and logos gets a few pesos. Do I pay extra? No. Do you have to do anything
[44:45.800 --> 44:51.800]  different when I order? No. Can I use my Amazon Prime? No. I mean, yes. Wow. Giving
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[44:57.800 --> 45:04.800]  welcome. Happy holidays, logos. Are you the plaintiff or defendant in a lawsuit? Win your
[45:04.800 --> 45:10.800]  case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
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[45:54.800 --> 46:21.800]  and click on the banner or call toll free 866-LAW-EASY. Okay, we are back. Brandi Kelton,
[46:21.800 --> 46:25.800]  Brett Fountain, LulaVlogRadio. And over the break, Brett and I were having this back and
[46:25.800 --> 46:33.800]  forth about the transportation code. And Brett was talking about section H. Was that correct,
[46:33.800 --> 46:40.800]  Brett, H? Subchapter H, which includes several sections, including the two sections that
[46:40.800 --> 46:48.800]  are commonly referenced by cops that say you were going too fast. Those are section 545.351
[46:48.800 --> 46:57.800]  and dot 352. But those are all inside of subchapter H. And the reason I reference the whole subchapter
[46:57.800 --> 47:06.800]  is because dot 352 talks about what are the speed limits that are prima facie, unlawful.
[47:06.800 --> 47:12.800]  And it says a speed in excess of the limits established by subsection B, that's inside
[47:12.800 --> 47:20.800]  of section 545.352, so subsection B, or under another provision of this subchapter. So it
[47:20.800 --> 47:27.800]  just reached out to the entire subchapter H as a reference to say all of that, if you
[47:27.800 --> 47:33.800]  went in excess of any of these other limits also, which is stuff like the dude holding
[47:33.800 --> 47:38.800]  up a slow sign when they're doing construction or tarring a road and you've got a guy that's
[47:38.800 --> 47:44.800]  telling you go slower. Any of these things that, there's so many of them that are all
[47:44.800 --> 47:55.800]  throughout here. It goes 545.351 all the way up to about 401. And it talks about speed
[47:55.800 --> 48:01.800]  zones and the authority of the Texas Transportation Commission to alter the limits and all kinds
[48:01.800 --> 48:07.800]  of things. And it says it's prima facie unlawful. Yes.
[48:07.800 --> 48:17.800]  Does it at any place specify what the law is that it would be in violation of?
[48:17.800 --> 48:22.800]  No. And in fact, that's one thing that I thought was intriguing is that the word misdemeanor
[48:22.800 --> 48:30.800]  is littered all throughout this whole chapter 545, but it's not in this subchapter at all.
[48:30.800 --> 48:37.800]  Not only is it not in these two sections that are commonly referenced, 545.351 and 352,
[48:37.800 --> 48:43.800]  but it's not in the entire subchapter H. So even if it's being reached out to by that
[48:43.800 --> 48:49.800]  one little reference in 352 subsection A, you still can't get there because there are
[48:49.800 --> 48:51.800]  no misdemeanors in that whole subchapter.
[48:51.800 --> 49:01.800]  Can we back up one level? What's subchapter H under? What's it a subchapter of?
[49:01.800 --> 49:08.800]  It says speed restrictions. And the entire chapter would be, let me go up here to the
[49:08.800 --> 49:14.800]  top. It's called Operation and Movement of Vehicles.
[49:14.800 --> 49:22.800]  Is there anything in the introductory part of that code that or at the introduction or
[49:22.800 --> 49:29.800]  at the end that says a violation of this code is Class A misdemeanor, Class C, whatever?
[49:29.800 --> 49:32.800]  No.
[49:32.800 --> 49:44.800]  Then I can't see. Jane, you brought up the particular definition in the penal code that
[49:44.800 --> 49:51.800]  if something wasn't designated a crime, it wasn't a crime. So while that may not be in
[49:51.800 --> 49:59.800]  the transportation code, we can't directly apply it, but we can imply it.
[49:59.800 --> 50:07.800]  We can say there's nothing in this code that specifies that this is a crime.
[50:07.800 --> 50:13.800]  It says it's prima facie unlawful, but that's too vague in general.
[50:13.800 --> 50:18.800]  There's nothing that designates a violation of these as a crime.
[50:18.800 --> 50:25.800]  And as precedent, we can go back to the penal code and where the penal code is the primary
[50:25.800 --> 50:34.800]  reference for crimes, it specifically states that unless something is designated a crime,
[50:34.800 --> 50:37.800]  it's not one. That makes sense, Jane?
[50:37.800 --> 50:46.800]  Yeah, and we can even contrast this by showing that even in this same Section 545,
[50:46.800 --> 50:51.800]  Operation and Movement of Vehicles, we see plenty of references in there, not the speeding
[50:51.800 --> 50:57.800]  stuff, but we see plenty of references that say an offense under this section is a misdemeanor,
[50:57.800 --> 51:01.800]  punishable by a fine of at least $25, not more than $99.
[51:01.800 --> 51:07.800]  There's a lot of those all throughout, but there's nothing like that on the speeding one.
[51:07.800 --> 51:12.800]  So it just is getting this little dotted line tag on it that says,
[51:12.800 --> 51:17.800]  it looks like it might be unlawful. What kind of unlawful?
[51:17.800 --> 51:22.800]  Jane, can you brief that out for us?
[51:22.800 --> 51:25.800]  Maybe.
[51:25.800 --> 51:32.800]  I can tell you that Eddie Craig would be thrilled to get a brief on this.
[51:32.800 --> 51:37.800]  Well, Eddie's probably already done a brief on this. This is what he's telling me,
[51:37.800 --> 51:43.800]  that those are the only four statutes that I need to fight when I go to court.
[51:43.800 --> 51:52.800]  Eddie does what we all do. None of us can have all of this case law, all of these intricacies
[51:52.800 --> 51:58.800]  memorized. We just don't have enough mental room. So he has to have some general guidelines
[51:58.800 --> 52:04.800]  to work by, and he's speaking to general guidelines, and what you want to speak to him about
[52:04.800 --> 52:08.800]  is an exception to those general guidelines.
[52:08.800 --> 52:09.800]  Okay.
[52:09.800 --> 52:14.800]  We get caught all the time. I do it to Eddie. Eddie does it to me.
[52:14.800 --> 52:22.800]  Eddie makes statements that I just rip him to shreds, because he's making most of what he's arguing
[52:22.800 --> 52:27.800]  as a general statement in order to get us to a focused issue.
[52:27.800 --> 52:33.800]  And I see him do that sometimes, and I catch stuff that I happen to have looked at personally,
[52:33.800 --> 52:38.800]  and I say, wait a minute, wait a minute. You missed something here.
[52:38.800 --> 52:47.800]  And when I do that to him, he thumps all over me, just rants and raves and rails and righteous indignation,
[52:47.800 --> 52:57.800]  but he listens. And generally the next time we talk, he's integrated that argument into what he's doing.
[52:57.800 --> 52:58.800]  Right.
[52:58.800 --> 53:05.800]  Yeah, I do it. Brett, I can't say about Brett, Brett never does it. He's perfect. It's not like us,
[53:05.800 --> 53:14.800]  normally, but Eddie Craig does it. We have to have some kind of context, and sometimes our contexts are screwed up.
[53:14.800 --> 53:21.800]  Well, you know, Brett heard Eddie say this, and you know that he meant what he said about the four statutes.
[53:21.800 --> 53:23.800]  Don't you, Brett?
[53:23.800 --> 53:34.800]  I'm sure he knows something here. Like, for example, I was just looking at the Texas Transportation Code has a 542.301.
[53:34.800 --> 53:44.800]  General offense. 542.301 says, except as otherwise provided, an offense under this subtitle, which is subtitle C,
[53:44.800 --> 53:49.800]  including that speeding stuff, an offense under this subtitle is a misdemeanor.
[53:49.800 --> 53:51.800]  That's what I was looking for.
[53:51.800 --> 53:56.800]  That looks like something that could tie, that could tell from the transportation code,
[53:56.800 --> 54:02.800]  that could just blanket label all of these things in the transportation code as misdemeanor.
[54:02.800 --> 54:09.800]  But not good enough. There are three levels of misdemeanor.
[54:09.800 --> 54:18.800]  And just saying misdemeanor is insufficient, unless there is something that says a violation of this code, more,
[54:18.800 --> 54:30.800]  let's step up above subsection C and go to the code itself and says a violation of this code is a class C misdemeanor.
[54:30.800 --> 54:31.800]  Wow.
[54:31.800 --> 54:40.800]  But I do see it says in 542.401, general penalty, a person convicted of an offense that is a misdemeanor under this subtitle,
[54:40.800 --> 54:48.800]  for which another penalty is not provided, shall be punished by a fine of not less than $1 or more than $200,
[54:48.800 --> 54:54.800]  which I'm sure they would love to translate that and call it, oh, they did it.
[54:54.800 --> 54:56.800]  That's what they needed.
[54:56.800 --> 54:59.800]  But they don't do that, though. You heard that.
[54:59.800 --> 55:02.800]  It doesn't matter what they do. We're not talking about practice here.
[55:02.800 --> 55:10.800]  This defines it as a fine only and it puts a limit on it, which categorizes it in a way that looks like a class C misdemeanor.
[55:10.800 --> 55:12.800]  It doesn't say that, but it looks like it.
[55:12.800 --> 55:15.800]  So they got it covered.
[55:15.800 --> 55:21.800]  But no, they don't, because I still don't see how you say this is not relevant.
[55:21.800 --> 55:28.800]  This is 100% relevant because the speed signs don't apply to regular people who are not engaged in commerce.
[55:28.800 --> 55:33.800]  Well, but that's a different argument, and it's totally a valid argument.
[55:33.800 --> 55:38.800]  It's just a different angle that you're attacking a different problem.
[55:38.800 --> 55:42.800]  But how can you be convicted of speeding at the speed sign?
[55:42.800 --> 55:46.800]  And that's what I'm convicted of, or not convicted, but I'm charged with.
[55:46.800 --> 55:47.800]  Wait a minute. Wait a minute.
[55:47.800 --> 55:53.800]  You have an issue that you're trying to force down our throats.
[55:53.800 --> 55:54.800]  No.
[55:54.800 --> 56:03.800]  You got this thing about speed limit signs not applying to a noncommercial driver.
[56:03.800 --> 56:10.800]  And you're trying to turn everything into that argument.
[56:10.800 --> 56:11.800]  Back up. Back up.
[56:11.800 --> 56:13.800]  We'll get to that argument.
[56:13.800 --> 56:14.800]  Okay.
[56:14.800 --> 56:16.800]  It's a legit argument.
[56:16.800 --> 56:18.800]  He's just talking about something else.
[56:18.800 --> 56:26.800]  But when you're talking about definitions, you're trying to say this is not defined as a crime.
[56:26.800 --> 56:30.800]  And Brett just demonstrated that it is.
[56:30.800 --> 56:36.800]  You're in a subparagraph, and he's backed out all the way up to the top,
[56:36.800 --> 56:41.800]  and they've got a general statement that encompasses everything below it.
[56:41.800 --> 56:52.800]  It's designated as a misdemeanor, and they designate the punishment for that misdemeanor, unless it says something else.
[56:52.800 --> 56:56.800]  So yes, the code does designate that as a crime.
[56:56.800 --> 56:59.800]  It designates the punishment for it.
[56:59.800 --> 57:04.800]  Now, as to whether or not they can apply it to you, that is a different argument.
[57:04.800 --> 57:12.800]  And if you make that argument, do not let the other side bring this misdemeanor BS in there.
[57:12.800 --> 57:14.800]  That would not be the argument.
[57:14.800 --> 57:18.800]  The argument is not whether or not it's a misdemeanor.
[57:18.800 --> 57:23.800]  It's not whether or not you can be charged with violating it.
[57:23.800 --> 57:31.800]  The real question is, does it apply to me in the first place?
[57:31.800 --> 57:33.800]  Right.
[57:33.800 --> 57:38.800]  We have to be real careful to get good arguments down there.
[57:38.800 --> 57:45.800]  You definitely do not want to get into court and have a lawyer do to you what Brett just did to you.
[57:45.800 --> 57:49.800]  He just blew your arguments right out of the water.
[57:49.800 --> 57:51.800]  Only because you're an idiot.
[57:51.800 --> 57:56.800]  And both of those attorneys were, a prosecutor and a judge, they're all idiots.
[57:56.800 --> 58:00.800]  Only did it because it was the law.
[58:00.800 --> 58:08.800]  We have to know the law going in or we'll get our hats handed to us.
[58:08.800 --> 58:14.800]  This whole hour has been about mental discipline.
[58:14.800 --> 58:19.800]  We have to be real careful how we make our arguments.
[58:19.800 --> 58:22.800]  Okay, do you have anything for us on the other side?
[58:22.800 --> 58:23.800]  No, that's okay.
[58:23.800 --> 58:25.800]  You go ahead and take the next floor.
[58:25.800 --> 58:27.800]  Thank you.
[58:27.800 --> 58:28.800]  This was a good question.
[58:28.800 --> 58:29.800]  Thank you, Jane.
[58:29.800 --> 58:32.800]  We got to use a whole hour on it.
[58:32.800 --> 58:37.800]  I only do that when it's a really good argument, a really good teaching issue.
[58:37.800 --> 58:39.800]  Thank you, Jane.
[58:39.800 --> 58:44.800]  Okay, Randy Kelton, Brett Fountain, Ruth Law Radio, about to go to our sponsors.
[58:44.800 --> 58:49.800]  We'll pick up the calls on the other side.
[58:49.800 --> 58:53.800]  The Bible remains the most popular book in the world.
[58:53.800 --> 58:57.800]  Yet countless readers are frustrated because they struggle to understand it.
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[59:01.800 --> 59:06.800]  but in the process can compromise the profound meaning of the Scripture.
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[59:47.800 --> 59:50.800]  That's freestudybible.com.
[59:50.800 --> 59:59.800]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:59.800 --> 01:00:05.800]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.800 --> 01:00:08.800]  They guarantee the specific freedoms Americans should know and protect.
[01:00:08.800 --> 01:00:10.800]  Our liberty depends on it.
[01:00:10.800 --> 01:00:16.800]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:16.800 --> 01:00:18.800]  Privacy is under attack.
[01:00:18.800 --> 01:00:22.800]  When you give up data about yourself, you'll never get it back again.
[01:00:22.800 --> 01:00:27.800]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.800 --> 01:00:32.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.800 --> 01:00:34.800]  Privacy, it's worth hanging on to.
[01:00:34.800 --> 01:00:38.800]  This public service announcement is brought to you by StartPage.com,
[01:00:38.800 --> 01:00:42.800]  the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.800 --> 01:00:45.800]  Start over with StartPage.
[01:00:45.800 --> 01:00:48.800]  Imagine your mom and dad are getting ready for bed.
[01:00:48.800 --> 01:00:51.800]  They pull back the covers and find a third party there.
[01:00:51.800 --> 01:00:54.800]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.800 --> 01:01:00.800]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:00.800 --> 01:01:06.800]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[01:01:06.800 --> 01:01:09.800]  Third party, Third Amendment, get it?
[01:01:09.800 --> 01:01:12.800]  So if you answer a knock at your door and guys in fatigues demand lodging,
[01:01:12.800 --> 01:01:16.800]  tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:16.800 --> 01:01:21.800]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.800 --> 01:01:35.800]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.800 --> 01:01:38.800]  They guarantee the specific freedoms Americans should know and protect.
[01:01:38.800 --> 01:01:40.800]  Our liberty depends on it.
[01:01:40.800 --> 01:01:46.800]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:01:46.800 --> 01:01:48.800]  Privacy is under attack.
[01:01:48.800 --> 01:01:52.800]  When you give up data about yourself, you'll never get it back again.
[01:01:52.800 --> 01:01:56.800]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:56.800 --> 01:01:58.800]  So protect your rights.
[01:01:58.800 --> 01:02:02.800]  Say no to surveillance and keep your information to yourself.
[01:02:02.800 --> 01:02:04.800]  Privacy, it's worth hanging on to.
[01:02:04.800 --> 01:02:08.800]  This public service announcement is brought to you by StartPage.com,
[01:02:08.800 --> 01:02:12.800]  the private search engine alternative to Google, Yahoo and Bing.
[01:02:12.800 --> 01:02:15.800]  Start over with StartPage.
[01:02:15.800 --> 01:02:21.800]  Imagine four eyes staring at you through binoculars, a magnifying glass or a pair of x-ray goggles.
[01:02:21.800 --> 01:02:27.800]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure.
[01:02:27.800 --> 01:02:30.800]  Fourth Amendment, four eyes staring at you, get it?
[01:02:30.800 --> 01:02:34.800]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security.
[01:02:34.800 --> 01:02:39.800]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:39.800 --> 01:02:43.800]  When government employees demand a peep at your privates without probable cause,
[01:02:43.800 --> 01:02:46.800]  I say it's time to sound the constitutional alarm bells.
[01:02:46.800 --> 01:02:49.800]  Join me in asking our representatives to dust off the Bill of Rights
[01:02:49.800 --> 01:02:53.800]  and use their googly eyes to take a gander at the Fourth.
[01:02:53.800 --> 01:03:05.800]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:53.800 --> 01:04:15.800]  Okay, we are back.
[01:04:15.800 --> 01:04:23.800]  Welcome to Calvin Britt Fountain Wheel of Life Radio on this 22nd day of December 2022.
[01:04:23.800 --> 01:04:28.800]  And for everybody out there, we will not be doing a show tomorrow night.
[01:04:28.800 --> 01:04:35.800]  The wife and I have this tomorrow evening planned.
[01:04:35.800 --> 01:04:41.800]  We're going to sit on the front porch and watch the grass not grow.
[01:04:41.800 --> 01:04:46.800]  That's old timers, that's high entertainment.
[01:04:46.800 --> 01:04:49.800]  I don't know how long you're going to be able to handle that front porch
[01:04:49.800 --> 01:04:53.800]  with all that Yankee weather coming down here.
[01:04:53.800 --> 01:04:57.800]  Yeah, I missed Pastor Masters show this morning because I was going to tell him
[01:04:57.800 --> 01:05:01.800]  that I was out mowing the yard this morning and thought of him.
[01:05:01.800 --> 01:05:04.800]  And then he was going to say how cold it is and I was going to tell him,
[01:05:04.800 --> 01:05:08.800]  ah, that's just a bunch of Yankee propaganda.
[01:05:08.800 --> 01:05:11.800]  I missed my fun.
[01:05:11.800 --> 01:05:12.800]  Okay, we're back.
[01:05:12.800 --> 01:05:15.800]  Now we're going to go to EJ in California.
[01:05:15.800 --> 01:05:19.800]  EJ, what do you have for us today?
[01:05:19.800 --> 01:05:21.800]  Hi, Randy. Hi, Brett.
[01:05:21.800 --> 01:05:26.800]  Just wanted to let you know the donate link is broken.
[01:05:26.800 --> 01:05:27.800]  It's dead.
[01:05:27.800 --> 01:05:30.800]  I wanted to donate tonight.
[01:05:30.800 --> 01:05:34.800]  Oh, did you try Randy's Beer Fund?
[01:05:34.800 --> 01:05:35.800]  That I haven't done.
[01:05:35.800 --> 01:05:37.800]  I can do that.
[01:05:37.800 --> 01:05:41.800]  Actually, they both go to the same place.
[01:05:41.800 --> 01:05:47.800]  Everything that comes in goes to the network.
[01:05:47.800 --> 01:05:51.800]  In spite of the name, that's a running joke, but if that was working,
[01:05:51.800 --> 01:05:54.800]  I'll tell Deborah that the donate link's not working.
[01:05:54.800 --> 01:05:59.800]  But if the Beer Fund works, that'll do just as well.
[01:05:59.800 --> 01:06:00.800]  Oh, okay.
[01:06:00.800 --> 01:06:04.800]  Yeah, I think there were like three links on the left-hand side with the banner.
[01:06:04.800 --> 01:06:07.800]  I tried all the three links.
[01:06:07.800 --> 01:06:11.800]  Secondly, I had a Zoom hearing this morning.
[01:06:11.800 --> 01:06:12.800]  I was on the Zoom.
[01:06:12.800 --> 01:06:17.800]  I didn't go in person because my license was suspended.
[01:06:17.800 --> 01:06:20.800]  So during the...
[01:06:20.800 --> 01:06:27.800]  I had some court watchers come in, and the clerk of the supervising judge,
[01:06:27.800 --> 01:06:32.800]  he would not let people in without identifying themselves.
[01:06:32.800 --> 01:06:35.800]  I had the first name, and they're like, so what is your last name?
[01:06:35.800 --> 01:06:38.800]  And Eric didn't tell them.
[01:06:38.800 --> 01:06:40.800]  Yeah.
[01:06:40.800 --> 01:06:41.800]  I wish I had known.
[01:06:41.800 --> 01:06:45.800]  I would have loved to have been there.
[01:06:45.800 --> 01:06:50.800]  My last name is NYA.
[01:06:50.800 --> 01:06:52.800]  What does that mean?
[01:06:52.800 --> 01:06:57.800]  None of your business.
[01:06:57.800 --> 01:06:58.800]  Oh, I should have said that.
[01:06:58.800 --> 01:06:59.800]  Okay.
[01:06:59.800 --> 01:07:08.800]  Then I asked her name, her entire name, because it's not even notated in the Zoom video.
[01:07:08.800 --> 01:07:11.800]  She just told her first name.
[01:07:11.800 --> 01:07:13.800]  I said, where's your last name?
[01:07:13.800 --> 01:07:18.800]  She goes, my first name is this, and that's it.
[01:07:18.800 --> 01:07:24.800]  In other words, please don't hold me accountable for anything.
[01:07:24.800 --> 01:07:29.800]  You guys are great, please don't hold me accountable.
[01:07:29.800 --> 01:07:36.800]  Really?
[01:07:36.800 --> 01:07:40.800]  She definitely needs a judicial conduct complaint for that.
[01:07:40.800 --> 01:07:42.800]  She does, for a clerk.
[01:07:42.800 --> 01:07:45.800]  Oh, I'm sorry, was it a clerk?
[01:07:45.800 --> 01:07:49.800]  We don't have anonymous public officials.
[01:07:49.800 --> 01:08:04.800]  I was at the FBI once, and I was filing a complaint about a grisly murder in the Bear County Jail that one of my listeners, a statement, she smuggled out.
[01:08:04.800 --> 01:08:12.800]  The agent was pretty excited about that, and he wanted me to file my complaint with him.
[01:08:12.800 --> 01:08:15.800]  I said, no, no, no, who are you?
[01:08:15.800 --> 01:08:19.800]  And he ducked his head, and he said, we're not allowed to identify ourselves.
[01:08:19.800 --> 01:08:21.800]  This was in Philadelphia.
[01:08:21.800 --> 01:08:24.800]  And Deborah was there, and she looked hot.
[01:08:24.800 --> 01:08:31.800]  She's in a black outfit, and this is a young guy, and she's sitting over to the side, and he kept looking at her.
[01:08:31.800 --> 01:08:36.800]  And when he wouldn't tell me his name, he had this garish blue tie on.
[01:08:36.800 --> 01:08:45.800]  I said, so what, do we have secret police now? So what do I call you, secret agent blue tie?
[01:08:45.800 --> 01:08:48.800]  And the guy looked like he wanted to crawl under the table.
[01:08:48.800 --> 01:08:55.800]  Deborah nearly fell out on the floor laughing, but he never would give us his name.
[01:08:55.800 --> 01:08:57.800]  We do have secret police.
[01:08:57.800 --> 01:09:03.800]  That's why when I tell people to go to the FBI, go do special agent in charge, that's the only name you can get.
[01:09:03.800 --> 01:09:05.800]  Not acceptable.
[01:09:05.800 --> 01:09:06.800]  You need to file.
[01:09:06.800 --> 01:09:11.800]  We figure out how to do that.
[01:09:11.800 --> 01:09:20.800]  Brett, how would we file a complaint against the clerk for failure to identify herself in a public hearing?
[01:09:20.800 --> 01:09:29.800]  Nothing comes to mind about any duty that she has to identify herself in a public hearing.
[01:09:29.800 --> 01:09:40.800]  I mean, it makes sense. It seems like she should, but as far as calling her out on that.
[01:09:40.800 --> 01:09:44.800]  I could have fun with that.
[01:09:44.800 --> 01:09:51.800]  You could call that a records request. I'm looking for public information.
[01:09:51.800 --> 01:09:56.800]  That is a good point. You asked for public information that's public.
[01:09:56.800 --> 01:09:57.800]  Yeah.
[01:09:57.800 --> 01:10:04.800]  She refused to give it to you, and under the open records act, it's available there to give it to you immediately.
[01:10:04.800 --> 01:10:12.800]  If it's public, and that absolutely is, you get to know who you hired. You're paying them.
[01:10:12.800 --> 01:10:14.800]  That's right.
[01:10:14.800 --> 01:10:24.800]  If I was in court, that would have been when I would take out my cell phone, tell the judge that I'm going to take a picture of this clerk so I can identify her later.
[01:10:24.800 --> 01:10:28.800]  That'll get them excited.
[01:10:28.800 --> 01:10:32.800]  You stand over by the judge, and both of you say cheese.
[01:10:32.800 --> 01:10:39.800]  Meanwhile, you've got it on video so that you can hear him telling you that you're not allowed to do this in my courtroom.
[01:10:39.800 --> 01:10:45.800]  That is an issue I intend to take on, but I'm not quite ready yet.
[01:10:45.800 --> 01:10:49.800]  I'm doing it right now. I'm taking that on in the Fed right now.
[01:10:49.800 --> 01:10:54.800]  Oh, wonder. That's right. Good.
[01:10:54.800 --> 01:11:01.800]  That prohibition certainly appears to violate Turner Driver.
[01:11:01.800 --> 01:11:13.800]  Turner Driver is the case that says that it's axiomatic that a private citizen may record his public servants in the performance of their duties.
[01:11:13.800 --> 01:11:19.800]  Okay. Go ahead, E.J. We kind of bushwhacked you there.
[01:11:19.800 --> 01:11:27.800]  This really helped because it is part of public records when you ask them to identify themselves, what is your name.
[01:11:27.800 --> 01:11:37.800]  There is another, I had two other hearings that I didn't publicly shoot out on telegram because it was a fee waiver.
[01:11:37.800 --> 01:11:43.800]  They asked me why I need the fee waiver and income information. That was on Friday and Monday.
[01:11:43.800 --> 01:11:47.800]  Friday, I asked for a court reporter. They gave me a late notice of the hearing.
[01:11:47.800 --> 01:11:53.800]  Probably, possibly, they wanted me to not know about it and didn't check my mail.
[01:11:53.800 --> 01:12:07.800]  When I found out the day before, I filed a public, I'm sorry, the reporter, the court reporter.
[01:12:07.800 --> 01:12:11.800]  I didn't know until the day before of the hearing.
[01:12:11.800 --> 01:12:20.800]  There was no reporter, so he continued the case for this Monday.
[01:12:20.800 --> 01:12:28.800]  There was no court reporter, but to the judges on Friday and this past Monday on my fee waiver,
[01:12:28.800 --> 01:12:35.800]  he said that, don't you know that there are no jury trials for a writ?
[01:12:35.800 --> 01:12:39.800]  I'm like, again, this is my first writ. I have no idea.
[01:12:39.800 --> 01:12:42.800]  I just assumed that he's telling me the truth.
[01:12:42.800 --> 01:12:48.800]  Oh, okay, because when you have a fee waiver, the jury trial fees are included.
[01:12:48.800 --> 01:12:54.800]  They're part of the informal papyrus waiver fees that they cover.
[01:12:54.800 --> 01:13:02.800]  I think I found out that if I demand a jury trial on this writ, which is my suspension of license,
[01:13:02.800 --> 01:13:10.800]  the jury trial can be requested.
[01:13:10.800 --> 01:13:19.800]  But these, I would say, evildoers and black robes told me otherwise because there were no court reporters.
[01:13:19.800 --> 01:13:22.800]  That's criminal.
[01:13:22.800 --> 01:13:28.800]  Oh my gosh, yeah, because I'm a dumb, prosaic litigant. I have no idea.
[01:13:28.800 --> 01:13:33.800]  Now you need to file official misconduct against the judge.
[01:13:33.800 --> 01:13:34.800]  Okay.
[01:13:34.800 --> 01:13:41.800]  And certainly a judicial conduct complaint for that.
[01:13:41.800 --> 01:13:44.800]  That was aggravated perjury.
[01:13:44.800 --> 01:13:49.800]  He's not under oath, but that's definitely official misconduct.
[01:13:49.800 --> 01:13:54.800]  He lied to you for the purpose of denying you and your right to a jury trial.
[01:13:54.800 --> 01:13:55.800]  Yes.
[01:13:55.800 --> 01:13:57.800]  That's pretty basic.
[01:13:57.800 --> 01:13:59.800]  That's pretty basic. Yeah, it's a writ.
[01:13:59.800 --> 01:14:04.800]  Both of them said that. Two different judges.
[01:14:04.800 --> 01:14:13.800]  And on Monday, that was the supervising judge who heard my case this afternoon at 2 p.m.
[01:14:13.800 --> 01:14:18.800]  And he was being on his best behavior because there was a court reporter there.
[01:14:18.800 --> 01:14:24.800]  I've given notice that I need a court reporter for this hearing.
[01:14:24.800 --> 01:14:29.800]  My next thing is – thank you very much. So it is an official misconduct.
[01:14:29.800 --> 01:14:33.800]  And I would like to point out that he wasn't under oath.
[01:14:33.800 --> 01:14:35.800]  So I'll do that.
[01:14:35.800 --> 01:14:46.800]  Going back to the hearing this afternoon, he – okay, so he had a tentative ruling.
[01:14:46.800 --> 01:14:49.800]  I had no idea. There was like tentative ruling for this.
[01:14:49.800 --> 01:14:51.800]  It was just my first writ hearing.
[01:14:51.800 --> 01:14:57.800]  And there was already a tentative ruling saying that I did not give note – what was the word?
[01:14:57.800 --> 01:15:02.800]  When – not summoned, but I had not let the other party know,
[01:15:02.800 --> 01:15:06.800]  which is the director of motor vehicles, about this hearing.
[01:15:06.800 --> 01:15:11.800]  But when I first started the case, went to the clerk's office in person,
[01:15:11.800 --> 01:15:16.800]  I gave him all my paperwork. I said, here, here's the summons.
[01:15:16.800 --> 01:15:21.800]  I'm going to serve them. And he goes, no, no, no, you don't need that.
[01:15:21.800 --> 01:15:25.800]  Okay. I told him that. He goes, well, you know, I wasn't there,
[01:15:25.800 --> 01:15:29.800]  and the clerk's not supposed to give you information like that.
[01:15:29.800 --> 01:15:37.800]  I go, well, that's what she said, that you don't need the summons.
[01:15:37.800 --> 01:15:44.800]  So then he continued the case. I demanded that he continue the case.
[01:15:44.800 --> 01:15:49.800]  Actually, he already had another date, like the first week of January,
[01:15:49.800 --> 01:15:51.800]  which is coming up really soon.
[01:15:51.800 --> 01:15:55.800]  And then I need to do a minute complaint because something was missing.
[01:15:55.800 --> 01:16:00.800]  That was in tentative ruling.
[01:16:00.800 --> 01:16:04.800]  But I was told by the clerk, so everyone, if you're listening,
[01:16:04.800 --> 01:16:11.800]  don't believe what the clerk says. I knew that, but I just –
[01:16:11.800 --> 01:16:14.800]  Yep, they sometimes lie.
[01:16:14.800 --> 01:16:16.800]  Yeah, sometimes lie.
[01:16:16.800 --> 01:16:19.800]  They only lie when their lips are moving.
[01:16:19.800 --> 01:16:21.800]  That's the lawyers.
[01:16:21.800 --> 01:16:27.800]  Yeah, if you get a ventriloquist lawyer, you can trust everything his W says.
[01:16:27.800 --> 01:16:33.800]  Oh, my gosh. I just feel, gosh, you know, I have three cases going on right now.
[01:16:33.800 --> 01:16:40.800]  By the way, the music's coming. Thank you.
[01:16:40.800 --> 01:16:42.800]  She's talking about the music.
[01:16:42.800 --> 01:16:46.800]  Yeah, the clerks, I seem to notice that the clerks,
[01:16:46.800 --> 01:16:49.800]  sometimes they will be really helpful and tell you straight up,
[01:16:49.800 --> 01:16:54.800]  and they're telling you right things. But then sometimes they don't know,
[01:16:54.800 --> 01:16:56.800]  and then that's when the lies come in.
[01:16:56.800 --> 01:17:00.800]  All right, we'll go into sponsors. Be right back.
[01:17:00.800 --> 01:17:03.800]  Are you looking to have a closer relationship with God
[01:17:03.800 --> 01:17:05.800]  and a better understanding of His Word?
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[01:17:59.800 --> 01:18:04.800]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:19:28.800 --> 01:19:30.800]  Thank you.
[01:19:30.800 --> 01:19:35.800]  Ain't gonna fool me with that same old trick again.
[01:19:35.800 --> 01:19:40.800]  I was blindsided, but now I can see your plans.
[01:19:40.800 --> 01:19:45.800]  You put the fear in my pocket, took the money from my hands.
[01:19:45.800 --> 01:19:54.800]  Ain't gonna fool me with that same old trick again.
[01:19:54.800 --> 01:20:02.800]  Ain't gonna fool me with that same old trick again.
[01:20:02.800 --> 01:20:03.800]  Okay, we are back.
[01:20:03.800 --> 01:20:08.800]  Brenda Telfin, Red Fountain, Rule Of Law Radio, and we're talking to EJ in California.
[01:20:08.800 --> 01:20:12.800]  Okay, EJ, where were we?
[01:20:12.800 --> 01:20:18.800]  We are at today's hearing about the summons.
[01:20:18.800 --> 01:20:24.800]  So for RIT, I had the summons written everything down,
[01:20:24.800 --> 01:20:29.800]  just wanted her to stamp it for me so I can send it to the Director of Motor Vehicles.
[01:20:29.800 --> 01:20:31.800]  She said, no, we don't do that.
[01:20:31.800 --> 01:20:32.800]  Okay, okay.
[01:20:32.800 --> 01:20:38.800]  But didn't even ask, just trusted that she, this is the process.
[01:20:38.800 --> 01:20:46.800]  But yeah, I did fail to serve all the notice at the hearing for today
[01:20:46.800 --> 01:20:51.800]  and some other, you know, the fee waiver hearing, all that stuff.
[01:20:51.800 --> 01:20:54.800]  I was supposed to send them.
[01:20:54.800 --> 01:20:59.800]  Can I send all these documents via the certified mail
[01:20:59.800 --> 01:21:03.800]  and that essentially someone will sign the certified mail back out?
[01:21:03.800 --> 01:21:07.800]  I'll get that back receipt that essentially served them.
[01:21:07.800 --> 01:21:08.800]  Is that correct?
[01:21:08.800 --> 01:21:12.800]  Okay, I can't speak specifically to California law.
[01:21:12.800 --> 01:21:13.800]  Yeah.
[01:21:13.800 --> 01:21:21.800]  But in the Fed and in Texas, the only thing that has to be actually served
[01:21:21.800 --> 01:21:23.800]  is the original petition.
[01:21:23.800 --> 01:21:30.800]  Now as to a petition for RIT, either mandamus or habeas,
[01:21:30.800 --> 01:21:35.800]  whether they have to be served or not, I'm not certain about.
[01:21:35.800 --> 01:21:42.800]  But in Texas, as far as I know, I filed a mandamus and I did not have the person served.
[01:21:42.800 --> 01:21:45.800]  Only the original petition.
[01:21:45.800 --> 01:21:53.800]  They want to make sure that any person who is sued is notified that they've been sued.
[01:21:53.800 --> 01:21:57.800]  So they ask for personal service on that.
[01:21:57.800 --> 01:22:01.800]  But once they've been given notice that the case exists,
[01:22:01.800 --> 01:22:03.800]  they don't require any more personal service.
[01:22:03.800 --> 01:22:07.800]  You can do it by certified mail.
[01:22:07.800 --> 01:22:14.800]  All the notices that come up, not notices that come up, okay, the original petition.
[01:22:14.800 --> 01:22:16.800]  Okay.
[01:22:16.800 --> 01:22:24.800]  I wonder why I'm not too sure about why she decided not to stamp that for me
[01:22:24.800 --> 01:22:29.800]  because with the hospital case, the state hospital case, those are all stamped.
[01:22:29.800 --> 01:22:31.800]  So I was able to...
[01:22:31.800 --> 01:22:33.800]  Wait a minute, wait a minute, wait a minute.
[01:22:33.800 --> 01:22:37.800]  The clerk stamps everything.
[01:22:37.800 --> 01:22:39.800]  Holy moly, okay.
[01:22:39.800 --> 01:22:45.800]  If it's not stamped, as far as you're concerned, it's not filed.
[01:22:45.800 --> 01:22:46.800]  Yep.
[01:22:46.800 --> 01:22:52.800]  So I need to go back tomorrow and try to get the summon stamped then.
[01:22:52.800 --> 01:22:58.800]  What I do is you generally want to take an extra copy.
[01:22:58.800 --> 01:23:03.800]  I take three copies, one for the clerk's records, one for the judge,
[01:23:03.800 --> 01:23:07.800]  and one to stamp and return to me.
[01:23:07.800 --> 01:23:09.800]  Okay.
[01:23:09.800 --> 01:23:13.800]  And generally, if it's a really big document,
[01:23:13.800 --> 01:23:19.800]  I'll just take the first page for my copy instead of copying the whole thing
[01:23:19.800 --> 01:23:26.800]  and just give them the first page and ask them to stamp it and return it to me.
[01:23:26.800 --> 01:23:28.800]  They've never had a problem with that.
[01:23:28.800 --> 01:23:32.800]  I do the same thing and they never give a moment of problem.
[01:23:32.800 --> 01:23:37.800]  They just know you're asking for this to be file stamped for your own records,
[01:23:37.800 --> 01:23:38.800]  and it's super simple.
[01:23:38.800 --> 01:23:41.800]  You just stand there and wait and they know that they've got to do it.
[01:23:41.800 --> 01:23:43.800]  That's their job.
[01:23:43.800 --> 01:23:45.800]  And so they can't pretend like it didn't get filed
[01:23:45.800 --> 01:23:48.800]  because you've got now your own records.
[01:23:48.800 --> 01:23:52.800]  If ever a clerk says, oh, you don't have to file this, file it anyway,
[01:23:52.800 --> 01:23:53.800]  don't listen to them.
[01:23:53.800 --> 01:23:54.800]  Okay.
[01:23:54.800 --> 01:23:56.800]  So I'll go back.
[01:23:56.800 --> 01:23:59.800]  They're not supposed to be given legal advice anyhow.
[01:23:59.800 --> 01:24:01.800]  Yeah, and that's what the judge said also,
[01:24:01.800 --> 01:24:04.800]  that they're not supposed to give you any, did he say legal?
[01:24:04.800 --> 01:24:05.800]  But I don't remember.
[01:24:05.800 --> 01:24:10.800]  I did record the, what do you call, audio recording.
[01:24:10.800 --> 01:24:11.800]  I just sent you the video.
[01:24:11.800 --> 01:24:20.800]  But the court watchers from our group, you know, they tried.
[01:24:20.800 --> 01:24:26.800]  They wanted to try to do video and it wouldn't allow them.
[01:24:26.800 --> 01:24:29.800]  Well, that's where you just set a video camera behind you
[01:24:29.800 --> 01:24:32.800]  and point it at the screen.
[01:24:32.800 --> 01:24:37.800]  Yeah, they can block that in Zoom, but they can't block a video camera.
[01:24:37.800 --> 01:24:44.800]  Or there are capture programs that will capture your screen.
[01:24:44.800 --> 01:24:48.800]  And if Zoom is in there, it'll capture what it shows on the screen.
[01:24:48.800 --> 01:24:51.800]  Yeah, anything that's on the screen.
[01:24:51.800 --> 01:24:52.800]  Anything on the screen?
[01:24:52.800 --> 01:24:55.800]  Okay.
[01:24:55.800 --> 01:25:00.800]  Okay, so I've got to figure out what I can do with that.
[01:25:00.800 --> 01:25:05.800]  Lastly, I kind of need your help and which direction to take.
[01:25:05.800 --> 01:25:11.800]  So right now I had a really long break because the judge was qualified for my state.
[01:25:11.800 --> 01:25:19.800]  And I just found out two days ago that they moved the case to a different judge, okay, in the state.
[01:25:19.800 --> 01:25:21.800]  So it's a different judge now.
[01:25:21.800 --> 01:25:23.800]  And he's probably an elected judge.
[01:25:23.800 --> 01:25:29.800]  I haven't done my research because I'm bogged down with this risk.
[01:25:29.800 --> 01:25:34.800]  And so I have a case where all this is very overwhelming and overburdensome.
[01:25:34.800 --> 01:25:40.800]  Is there any way I can ask for a continuance on the state hospital case?
[01:25:40.800 --> 01:25:48.800]  Because right now they're going to slam me the first week of October with like a four or five motion, own one day, own one day.
[01:25:48.800 --> 01:25:52.800]  Yeah, you can always ask for a continuance.
[01:25:52.800 --> 01:25:56.800]  And if they want to give you a hard time, tell them that you need a continuance.
[01:25:56.800 --> 01:25:57.800]  This is getting overwhelming.
[01:25:57.800 --> 01:26:00.800]  I need to find counsel.
[01:26:00.800 --> 01:26:01.800]  Oh, okay.
[01:26:01.800 --> 01:26:07.800]  And for a continuance to find a lawyer, they'll always give it to you unless they've been paid off.
[01:26:07.800 --> 01:26:12.800]  We had one in Minnesota that refused to give this woman a continuance.
[01:26:12.800 --> 01:26:15.800]  She's in a contentious divorce against her rich husband.
[01:26:15.800 --> 01:26:21.800]  And she's in chemotherapy, real sick.
[01:26:21.800 --> 01:26:25.800]  Her lawyer quit, and she can't get a continuance to get another one.
[01:26:25.800 --> 01:26:37.800]  So I called down there and got the judge's clerk and told her that I'm with the radio station in Austin.
[01:26:37.800 --> 01:26:48.800]  I hear you've got a judge up there who's trying to murder a woman by forcing her to represent herself in court while she's dying of cancer.
[01:26:48.800 --> 01:26:50.800]  And she said, well, I don't think that's happening.
[01:26:50.800 --> 01:26:52.800]  Oh, who cares? Who cares?
[01:26:52.800 --> 01:26:54.800]  It makes a great story.
[01:26:54.800 --> 01:27:02.800]  I got a camera crew coming up there telling the judge I want to do a 10-minute interview because I can't say anything bad about him without giving him opportunity to rebut.
[01:27:02.800 --> 01:27:04.800]  It'll only take 10 minutes.
[01:27:04.800 --> 01:27:08.800]  Oh, well, well, I'll talk to the judge.
[01:27:08.800 --> 01:27:10.800]  I never heard back from them.
[01:27:10.800 --> 01:27:16.800]  But the next Monday, they went into court and said the judge, after everybody's in there, the judge stormed into the courtroom,
[01:27:16.800 --> 01:27:24.800]  grabbed his gavel and said, 30, 60-day continuance, and he pointed at her, you have an attorney when you come back.
[01:27:24.800 --> 01:27:30.800]  And he slammed the gavel down and stormed down to the courtroom.
[01:27:30.800 --> 01:27:35.800]  Bubba can't take a joke.
[01:27:35.800 --> 01:27:44.800]  Do I need to be at a hearing for them to make that decision or can I just ask for it, just put in a notice, a follow-up notice to the new judge?
[01:27:44.800 --> 01:27:50.800]  Well, okay, the motion for continuance tend to be very specific.
[01:27:50.800 --> 01:27:58.800]  In Texas, you must file at least seven days before hearing, and it must be verified.
[01:27:58.800 --> 01:28:07.800]  And it must have a statement stating why you need the continuance, and that statement must be verified.
[01:28:07.800 --> 01:28:14.800]  You don't always do it. Sometimes somebody just asks for a continuance, and the judge is just granted.
[01:28:14.800 --> 01:28:18.800]  But technically, that's what's required, at least in Texas.
[01:28:18.800 --> 01:28:21.800]  Oh, then I have to read up the rules for the motion for continuance.
[01:28:21.800 --> 01:28:27.800]  Can it just be a notice instead of a motion, because every time it's on the Web site, no?
[01:28:27.800 --> 01:28:30.800]  No, it has to be a motion.
[01:28:30.800 --> 01:28:41.800]  Okay, so I'll do a motion. So just bullet point, bullet point why I kind of need to look for a counsel and give me at least,
[01:28:41.800 --> 01:28:48.800]  this is going to be a long time, because at least, can I ask for six months? Would that be too long?
[01:28:48.800 --> 01:28:52.800]  Yes. Ask for more than you want.
[01:28:52.800 --> 01:28:54.800]  Okay, great. For six months, I have to...
[01:28:54.800 --> 01:29:02.800]  If you get 30 days, you feel lucky.
[01:29:02.800 --> 01:29:10.800]  Well, I hope they give me six months, because I don't think I can juggle all of this, because I have another federal coming up.
[01:29:10.800 --> 01:29:16.800]  The judge, she's a magistrate. She's not an Article III judge. So I gave it to her in LA.
[01:29:16.800 --> 01:29:27.800]  She's in LA County. And she said, okay, leave to amend for a third amended complaint.
[01:29:27.800 --> 01:29:37.800]  So there's some issues where I put the county, the city.
[01:29:37.800 --> 01:29:47.800]  Okay, we had about 30 seconds, so I'll let you finish out. But okay, hang on. Randy Kelton, Brett Fountain.
[01:29:47.800 --> 01:29:53.800]  You're better than Brett. Brett just sits there and waits for me to fall off the cliff. No class.
[01:29:53.800 --> 01:29:56.800]  I didn't push very hard.
[01:29:56.800 --> 01:30:02.800]  We'll be right back.
[01:30:02.800 --> 01:30:09.800]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
[01:30:09.800 --> 01:30:12.800]  But now researchers say we can add stress to the list.
[01:30:12.800 --> 01:30:16.800]  I'm Dr. Catherine Albrecht, back with details in a moment.
[01:30:16.800 --> 01:30:21.800]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:21.800 --> 01:30:26.800]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.800 --> 01:30:32.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.800 --> 01:30:34.800]  Privacy, it's worth hanging on to.
[01:30:34.800 --> 01:30:41.800]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.800 --> 01:30:45.800]  Start over with StartPage.
[01:30:45.800 --> 01:30:48.800]  Are you always on the go and juggling multiple projects?
[01:30:48.800 --> 01:30:52.800]  If so, you might think that multitasking proves you're smart.
[01:30:52.800 --> 01:30:56.800]  But think again, all that stress might be eating your brain.
[01:30:56.800 --> 01:31:00.800]  A new study finds stress reduces the number of connections between neurons,
[01:31:00.800 --> 01:31:03.800]  which actually makes it harder for people to manage problems.
[01:31:03.800 --> 01:31:10.800]  Researchers at Yale University found that stressed out people have less gray matter in their prefrontal cortex.
[01:31:10.800 --> 01:31:15.800]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions.
[01:31:15.800 --> 01:31:21.800]  So take a deep breath and chill out. It'll help keep your mind as sharp as a tack.
[01:31:21.800 --> 01:31:26.800]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.800 --> 01:31:36.800]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.800 --> 01:31:38.800]  The government says that fire brought it down.
[01:31:38.800 --> 01:31:43.800]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.800 --> 01:31:46.800]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.800 --> 01:31:49.800]  Thousands of my fellow first responders have died.
[01:31:49.800 --> 01:31:51.800]  I'm not a conspiracy theorist. I'm a structural engineer.
[01:31:51.800 --> 01:31:54.800]  I'm a New York City correction office. I'm an Air Force pilot.
[01:31:54.800 --> 01:31:58.800]  I'm a father who lost his son. We're Americans, and we deserve the truth.
[01:31:58.800 --> 01:32:01.800]  Go to RememberBuilding7.org today.
[01:32:02.800 --> 01:32:05.800]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[01:32:05.800 --> 01:32:08.800]  In today's America, we live in an us-against-them society.
[01:32:08.800 --> 01:32:10.800]  And if we, the people, are ever going to have a free society,
[01:32:10.800 --> 01:32:13.800]  then we're going to have to stand and defend our own rights.
[01:32:13.800 --> 01:32:16.800]  Among those rights are the right to travel freely from place to place,
[01:32:16.800 --> 01:32:18.800]  the right to act in our own private capacity,
[01:32:18.800 --> 01:32:21.800]  and the right to violate the right to due process of law.
[01:32:21.800 --> 01:32:23.800]  Traffic courts afford us the least expensive opportunity
[01:32:23.800 --> 01:32:26.800]  to learn how to enforce and preserve our rights through due process.
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[01:32:29.800 --> 01:32:32.800]  has put together the most comprehensive teaching tool available
[01:32:32.800 --> 01:32:34.800]  that will help you understand what due process is
[01:32:34.800 --> 01:32:36.800]  and how to hold courts to the rule of law.
[01:32:36.800 --> 01:32:38.800]  You can get your own copy of this invaluable material
[01:32:38.800 --> 01:32:41.800]  by going to ruleoflawradio.com and ordering your copy today.
[01:32:41.800 --> 01:32:43.800]  By ordering now, you'll receive a copy of Eddie's book,
[01:32:43.800 --> 01:32:46.800]  The Texas Transportation Code, The Law Versus the Lie,
[01:32:46.800 --> 01:32:48.800]  and a copy of the original 2009 seminar,
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[01:32:51.800 --> 01:32:53.800]  Learn how to fight for your rights with the help of this material
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[01:32:56.800 --> 01:33:02.800]  and together we can have the free society we all want and deserve.
[01:33:02.800 --> 01:33:05.800]  You are listening to the Logos Radio Network,
[01:33:05.800 --> 01:33:12.800]  logosradionetwork.com.
[01:33:12.800 --> 01:33:16.800]  Yeah, who you want to chip? Who you take me for? Free Tony?
[01:33:16.800 --> 01:33:19.800]  Who you want to chip? I'm not free Tony. You can't chip me.
[01:33:19.800 --> 01:33:21.800]  Oh, I'm sorry.
[01:33:21.800 --> 01:33:24.800]  Don't let them chip you in the morning, chip you in the evening.
[01:33:24.800 --> 01:33:26.800]  Put a chip in your body.
[01:33:26.800 --> 01:33:28.800]  And then when you go computer reading,
[01:33:28.800 --> 01:33:30.800]  you can't hide me from nobody.
[01:33:30.800 --> 01:33:33.800]  When I say chip in your mom, chip in your daddy,
[01:33:33.800 --> 01:33:36.800]  chip in your grandpa and your granny,
[01:33:36.800 --> 01:33:40.800]  chip in me, chip in your baby, chip in your family, whole family,
[01:33:40.800 --> 01:33:43.800]  chip in your dog and the cat around me,
[01:33:43.800 --> 01:33:45.800]  chip in the beef and you still go eat it,
[01:33:45.800 --> 01:33:48.800]  chip in the fish, them all in the sea,
[01:33:48.800 --> 01:33:50.800]  chip in the shark and the whale around me,
[01:33:50.800 --> 01:33:53.800]  you can't see mankind, you can't chip crazy.
[01:33:53.800 --> 01:33:55.800]  They're the kind of people they want to be,
[01:33:55.800 --> 01:33:57.800]  so, so security, they go tell me.
[01:33:57.800 --> 01:34:00.800]  Number of them give me, they repeat up to see.
[01:34:00.800 --> 01:34:02.800]  Chip you in the morning, chip you in the evening,
[01:34:02.800 --> 01:34:04.800]  chip you all at dinner time.
[01:34:04.800 --> 01:34:07.800]  Experiment on mankind.
[01:34:07.800 --> 01:34:10.800]  Okay, we are back.
[01:34:10.800 --> 01:34:12.800]  Brenda Kelton, Brett Fountain, We Love Radio,
[01:34:12.800 --> 01:34:14.800]  and we're talking to E.J. in California.
[01:34:14.800 --> 01:34:16.800]  Okay, E.J., where were we?
[01:34:16.800 --> 01:34:18.800]  Okay, I'm just going to make this really quick
[01:34:18.800 --> 01:34:24.800]  so other callers can go on.
[01:34:24.800 --> 01:34:26.800]  So my last one is the federal.
[01:34:26.800 --> 01:34:28.800]  It's the same thing as the state.
[01:34:28.800 --> 01:34:30.800]  I need some time for continuance.
[01:34:30.800 --> 01:34:38.800]  For, well, actually, the case hasn't even started yet.
[01:34:38.800 --> 01:34:42.800]  She's giving me only 30 days for a third amended complaint.
[01:34:42.800 --> 01:34:47.800]  So that's due on the 6th of January.
[01:34:47.800 --> 01:34:49.800]  Is there, am I questioning?
[01:34:49.800 --> 01:34:51.800]  Okay, okay, hold on.
[01:34:51.800 --> 01:34:52.800]  Okay.
[01:34:52.800 --> 01:34:56.800]  Are you aware that when you file an amended complaint
[01:34:56.800 --> 01:35:00.800]  that it replaces the pleadings before the court,
[01:35:00.800 --> 01:35:05.800]  so everything you want to claim must be in that amended complaint,
[01:35:05.800 --> 01:35:09.800]  not just the amended part?
[01:35:09.800 --> 01:35:12.800]  Yes, because she's going to dismiss the whole thing
[01:35:12.800 --> 01:35:27.800]  unless I, the cause of action that the state, a cause of action that, I don't know what the word is, yeah, the deficiencies.
[01:35:27.800 --> 01:35:31.800]  There's a lot of deficiencies, and I haven't posted this up on Telegram.
[01:35:31.800 --> 01:35:33.800]  Everyone has, you know...
[01:35:33.800 --> 01:35:34.800]  Okay, okay.
[01:35:34.800 --> 01:35:41.800]  Do you have a copy of O'Connor's causes of action?
[01:35:41.800 --> 01:35:43.800]  Oh, no, I don't.
[01:35:43.800 --> 01:35:46.800]  Go on eBay.
[01:35:46.800 --> 01:35:53.800]  O'Connor's produces a litigation guide for California as well as Texas.
[01:35:53.800 --> 01:35:55.800]  Do a search for causes of action.
[01:35:55.800 --> 01:35:59.800]  And frankly, it would be better if you can get one from California,
[01:35:59.800 --> 01:36:02.800]  but if you can't find one from California, get one from Texas.
[01:36:02.800 --> 01:36:03.800]  Okay.
[01:36:03.800 --> 01:36:07.800]  It will, then you look up your cause of action there,
[01:36:07.800 --> 01:36:14.800]  and it will show you what all of the elements of the cause of action are that must be pleaded.
[01:36:14.800 --> 01:36:15.800]  Okay.
[01:36:15.800 --> 01:36:17.800]  But this is, she's not in the state for that one, right?
[01:36:17.800 --> 01:36:21.800]  She needs the federal causes of action, I think is what she said.
[01:36:21.800 --> 01:36:22.800]  That's correct.
[01:36:22.800 --> 01:36:23.800]  Oh, that's right.
[01:36:23.800 --> 01:36:24.800]  You're in the Fed.
[01:36:24.800 --> 01:36:25.800]  Yeah, they'll have a Fed.
[01:36:25.800 --> 01:36:27.800]  I got one sitting here on the shelf.
[01:36:27.800 --> 01:36:32.800]  So look for O'Connor's federal causes of action.
[01:36:32.800 --> 01:36:37.800]  It will show you the causes of action, and they show you how to argue them,
[01:36:37.800 --> 01:36:41.800]  all the case law you need, how to argue against them.
[01:36:41.800 --> 01:36:44.800]  If it's a few years old, it don't make any difference.
[01:36:44.800 --> 01:36:50.800]  Lawyers, they want to quote the most recent cases, but you for the most part don't care.
[01:36:50.800 --> 01:36:53.800]  Ninety-nine percent of that never changes.
[01:36:53.800 --> 01:36:55.800]  It's just got older case law.
[01:36:55.800 --> 01:37:00.800]  But it will dramatically reduce your time.
[01:37:00.800 --> 01:37:07.800]  She's giving me 30 days to amend this complaint in order for it to move forward.
[01:37:07.800 --> 01:37:11.800]  There isn't even one that she's accepted.
[01:37:11.800 --> 01:37:15.800]  All of them are deficient.
[01:37:15.800 --> 01:37:18.800]  So do I ask something?
[01:37:18.800 --> 01:37:19.800]  Okay.
[01:37:19.800 --> 01:37:20.800]  Did you?
[01:37:20.800 --> 01:37:21.800]  Okay.
[01:37:21.800 --> 01:37:24.800]  If you didn't have a set of causes of action before you,
[01:37:24.800 --> 01:37:27.800]  then I pretty well understand why she did that.
[01:37:27.800 --> 01:37:33.800]  For instance, fraud by nondisclosure.
[01:37:33.800 --> 01:37:39.800]  If you bring a cause of action for fraud by nondisclosure,
[01:37:39.800 --> 01:37:50.800]  you must state and prove that the respondent or the defendant made a voluntary statement.
[01:37:50.800 --> 01:37:57.800]  The defendant failed to reveal a pertinent piece of information.
[01:37:57.800 --> 01:38:00.800]  You did not know about that.
[01:38:00.800 --> 01:38:03.800]  Neither did you have equal access to that information.
[01:38:03.800 --> 01:38:04.800]  Right.
[01:38:04.800 --> 01:38:05.800]  That's right.
[01:38:05.800 --> 01:38:08.800]  These are the elements.
[01:38:08.800 --> 01:38:13.800]  Every one of these must be pled and proven.
[01:38:13.800 --> 01:38:23.800]  The defendant had reason to believe that you did not have this information.
[01:38:23.800 --> 01:38:31.800]  You made a decision based on this lack of information, and you were harmed thereby.
[01:38:31.800 --> 01:38:35.800]  You have to argue each one of those.
[01:38:35.800 --> 01:38:39.800]  If one's missing, you don't have a claim.
[01:38:39.800 --> 01:38:46.800]  Any cause of action you have, tell me what your causes of action are.
[01:38:46.800 --> 01:38:48.800]  Malicious prosecution.
[01:38:48.800 --> 01:38:54.800]  That was for the DAs, and she outrightly denied.
[01:38:54.800 --> 01:38:55.800]  Wait a minute.
[01:38:55.800 --> 01:38:57.800]  What was the cause of action?
[01:38:57.800 --> 01:38:58.800]  Oh, I'm sorry.
[01:38:58.800 --> 01:39:01.800]  Malicious prosecution.
[01:39:01.800 --> 01:39:02.800]  Okay.
[01:39:02.800 --> 01:39:05.800]  I'll have to get my...
[01:39:05.800 --> 01:39:09.800]  Actually, malicious prosecution was...
[01:39:09.800 --> 01:39:10.800]  Yeah, just the DAs.
[01:39:10.800 --> 01:39:11.800]  Yeah.
[01:39:11.800 --> 01:39:12.800]  Okay.
[01:39:12.800 --> 01:39:18.800]  What I'm concerned you may have a problem with is the cause of action for malicious
[01:39:18.800 --> 01:39:24.800]  prosecution is not likely to be called malicious prosecution.
[01:39:24.800 --> 01:39:26.800]  Oh.
[01:39:26.800 --> 01:39:31.800]  There are a set of defined causes of action.
[01:39:31.800 --> 01:39:33.800]  So get O'Connor's.
[01:39:33.800 --> 01:39:38.800]  Go through O'Connor's and show down the causes of action, and it will tell you what
[01:39:38.800 --> 01:39:39.800]  the elements are.
[01:39:39.800 --> 01:39:45.800]  You will find causes of action that fit all of your elements.
[01:39:45.800 --> 01:39:51.800]  You might want to take a good look at immunity, too, because if you're charging a
[01:39:51.800 --> 01:39:57.800]  prosecutor with something, it should be something that's not prosecutorial.
[01:39:57.800 --> 01:39:59.800]  Exactly.
[01:39:59.800 --> 01:40:02.800]  It should be something that's not part of what they normally do and what they're
[01:40:02.800 --> 01:40:05.800]  going to say, oh, I was just doing my job.
[01:40:05.800 --> 01:40:11.800]  You need to charge them with something that's not their job and couldn't possibly be
[01:40:11.800 --> 01:40:15.800]  construed by them as part of their job, and they should have known to not do that to
[01:40:15.800 --> 01:40:16.800]  you.
[01:40:16.800 --> 01:40:20.800]  You have to find that cause of action for a prosecutor, because they have this
[01:40:20.800 --> 01:40:24.800]  special godlike immunity.
[01:40:24.800 --> 01:40:29.800]  They call it immunity, absolute immunity, I believe she called it.
[01:40:29.800 --> 01:40:34.800]  They have absolute immunity, so outrightly she dismissed it.
[01:40:34.800 --> 01:40:43.800]  What you need to do is make an allegation that the prosecutor acted outside of
[01:40:43.800 --> 01:40:45.800]  scope.
[01:40:45.800 --> 01:40:46.800]  Right.
[01:40:46.800 --> 01:40:47.800]  That's what she wants to know.
[01:40:47.800 --> 01:40:49.800]  She even said that, outside of scope.
[01:40:49.800 --> 01:40:52.800]  That's the only time they're not immune.
[01:40:52.800 --> 01:40:56.800]  So if the prosecutor exerted or purported to exert an authority, did not express
[01:40:56.800 --> 01:40:59.800]  or have, that's outside scope.
[01:40:59.800 --> 01:41:02.800]  Or the prosecutor did something that amounts to a criminal act.
[01:41:02.800 --> 01:41:05.800]  Criminal acts are outside scope.
[01:41:05.800 --> 01:41:08.800]  Sounds like the judge is giving you good advice.
[01:41:08.800 --> 01:41:10.800]  Pay real close attention.
[01:41:10.800 --> 01:41:13.800]  Read their judgments.
[01:41:13.800 --> 01:41:16.800]  In the Fed, you always get an order and you get a judgment.
[01:41:16.800 --> 01:41:22.800]  The judgment is effectively findings of fact and conclusions at law.
[01:41:22.800 --> 01:41:23.800]  Read them carefully.
[01:41:23.800 --> 01:41:29.800]  They will explain to you what's wrong with your case and how to fix it.
[01:41:29.800 --> 01:41:34.800]  And from what her claim was, you need O'Connor's causes of action.
[01:41:34.800 --> 01:41:39.800]  And look for O'Connor's civil trials.
[01:41:39.800 --> 01:41:40.800]  Get those too.
[01:41:40.800 --> 01:41:43.800]  You should be able to get them for 8 or 10 bucks off eBay.
[01:41:43.800 --> 01:41:46.800]  There's a federal one of those also.
[01:41:46.800 --> 01:41:51.800]  That will tell you exactly how to plead your, how to write your pleadings.
[01:41:51.800 --> 01:41:56.800]  You don't think lawyers make all this stuff up from scratch.
[01:41:56.800 --> 01:42:01.800]  Yeah, they use a litigation guide and it's not because they can't make it up from scratch.
[01:42:01.800 --> 01:42:07.800]  But they want it to look just like all the motions and pleadings everybody else files.
[01:42:07.800 --> 01:42:13.800]  If you get O'Connor's civil trials and use their forms and formats,
[01:42:13.800 --> 01:42:19.800]  the judge will get it and see everything they expect to see where they expect to see it.
[01:42:19.800 --> 01:42:22.800]  The standard case laws, so they don't have to waste time with it,
[01:42:22.800 --> 01:42:27.800]  they'll only have to address your specific issues.
[01:42:27.800 --> 01:42:30.800]  It will get you a much better reading.
[01:42:30.800 --> 01:42:38.800]  So don't do anything until you get civil trials and causes of action.
[01:42:38.800 --> 01:42:41.800]  That's your homework.
[01:42:41.800 --> 01:42:44.800]  Okay, I have until the 6th of January.
[01:42:44.800 --> 01:42:49.800]  It's like short notice.
[01:42:49.800 --> 01:42:54.800]  Is there any way I can ask for more time?
[01:42:54.800 --> 01:42:56.800]  Okay, here's what you do.
[01:42:56.800 --> 01:42:58.800]  Only 30 days, yes.
[01:42:58.800 --> 01:43:05.800]  Get those two books and do a brief cause of action for each one.
[01:43:05.800 --> 01:43:16.800]  And then send it to the judge and ask the judge to either to grant you a continuance to finish fleshing this out,
[01:43:16.800 --> 01:43:21.800]  and if not, accept this as your response.
[01:43:21.800 --> 01:43:26.800]  And the judge will look at it and if he sees that you're making real good headway
[01:43:26.800 --> 01:43:36.800]  and you're moving toward what he wants, he's likely to give you the time to complete it.
[01:43:36.800 --> 01:43:39.800]  Show him you're doing your homework.
[01:43:39.800 --> 01:43:40.800]  Okay.
[01:43:40.800 --> 01:43:43.800]  Go get it on Amazon and ask for overnight.
[01:43:43.800 --> 01:43:44.800]  Okay.
[01:43:44.800 --> 01:43:48.800]  Amazon or eBay, either one.
[01:43:48.800 --> 01:43:49.800]  Okay.
[01:43:49.800 --> 01:43:50.800]  Okay.
[01:43:50.800 --> 01:43:53.800]  You have anything else for us?
[01:43:53.800 --> 01:43:55.800]  Yeah, so is it a motion?
[01:43:55.800 --> 01:43:56.800]  Okay, hang on.
[01:43:56.800 --> 01:44:00.800]  We'll be right back.
[01:44:00.800 --> 01:44:01.800]  Dang, cookies.
[01:44:01.800 --> 01:44:02.800]  Cookie?
[01:44:02.800 --> 01:44:03.800]  Me love cookies.
[01:44:03.800 --> 01:44:04.800]  Oh, hi, Cookie Munchers.
[01:44:04.800 --> 01:44:06.800]  No, these are yucky cookies.
[01:44:06.800 --> 01:44:07.800]  Cookies?
[01:44:07.800 --> 01:44:08.800]  Yucky?
[01:44:08.800 --> 01:44:09.800]  No, no bad cookies.
[01:44:09.800 --> 01:44:10.800]  You can't even eat these cookies.
[01:44:10.800 --> 01:44:12.800]  These are cyber cookies.
[01:44:12.800 --> 01:44:13.800]  No, can't eat it?
[01:44:13.800 --> 01:44:16.800]  No, they're cyber cookies and they clog up your computer.
[01:44:16.800 --> 01:44:17.800]  These have apples.
[01:44:17.800 --> 01:44:18.800]  Really?
[01:44:18.800 --> 01:44:20.800]  Oh, that's an actual apple.
[01:44:20.800 --> 01:44:23.800]  Yummy apple.
[01:44:23.800 --> 01:44:26.800]  I'm going to throw away these yucky cookies in the trash.
[01:44:26.800 --> 01:44:32.800]  I click control, shift, delete, and then scroll down to cookies and clear them.
[01:44:32.800 --> 01:44:34.800]  Bye bye, yucky cookies.
[01:44:34.800 --> 01:44:40.800]  Now, I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand side,
[01:44:40.800 --> 01:44:46.800]  bookmark the link, and I can go to Amazon through this link and order you some yummy new cookies.
[01:44:46.800 --> 01:44:48.800]  New cookies for me?
[01:44:48.800 --> 01:44:50.800]  Consider it an early Christmas present.
[01:44:50.800 --> 01:44:56.800]  And every time I order on Amazon, I go through this link and I give a little present to this radio network, too.
[01:44:56.800 --> 01:44:57.800]  These are cookies.
[01:44:57.800 --> 01:45:00.800]  These are classified.
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[01:46:00.800 --> 01:46:21.800]  Okay, we are back.
[01:46:21.800 --> 01:46:23.800]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:46:23.800 --> 01:46:24.800]  We're talking to E.J. in California.
[01:46:24.800 --> 01:46:26.800]  E.J., we need to move quickly.
[01:46:26.800 --> 01:46:29.800]  We've got one more caller, and this is the last segment.
[01:46:29.800 --> 01:46:31.800]  What do you have for us?
[01:46:31.800 --> 01:46:38.800]  Okay, long time ago, you had recommended to put the magistrate aside.
[01:46:38.800 --> 01:46:43.800]  I want to just move forward with my original judge, who's a district judge, lifetime judge.
[01:46:43.800 --> 01:46:44.800]  I still need to do that.
[01:46:44.800 --> 01:46:46.800]  I have not done that.
[01:46:46.800 --> 01:46:47.800]  I have a magistrate judge.
[01:46:47.800 --> 01:46:49.800]  It's not going to happen.
[01:46:49.800 --> 01:46:53.800]  All it will do is upset the magistrate after you.
[01:46:53.800 --> 01:46:56.800]  It sounds like the magistrate's doing her job.
[01:46:56.800 --> 01:46:59.800]  So just keep her, then?
[01:46:59.800 --> 01:47:04.800]  Yeah, I would, unless you think she's horribly outrageous,
[01:47:04.800 --> 01:47:08.800]  but it sounds like she's advising you on how to handle your case.
[01:47:08.800 --> 01:47:16.800]  And whatever she rules, the trial judge will almost always accept it.
[01:47:16.800 --> 01:47:21.800]  So she'll probably be as easy to work with as the trial judge.
[01:47:21.800 --> 01:47:24.800]  If you force the trial judge to do it, he's going to be annoyed.
[01:47:24.800 --> 01:47:26.800]  He's going to be annoyed?
[01:47:26.800 --> 01:47:27.800]  Okay.
[01:47:27.800 --> 01:47:34.800]  So don't do a motion for a Article III judge, because she's not Article III.
[01:47:34.800 --> 01:47:35.800]  No?
[01:47:35.800 --> 01:47:39.800]  You're not going to get one anyway.
[01:47:39.800 --> 01:47:44.800]  Harmon Taylor tried that, and he's an ex-lawyer, the best litigator I know,
[01:47:44.800 --> 01:47:47.800]  and he never got past the magistrate judge.
[01:47:47.800 --> 01:47:49.800]  Okay, sounds good.
[01:47:49.800 --> 01:47:51.800]  He finally gave up fighting it.
[01:47:51.800 --> 01:47:52.800]  Okay.
[01:47:52.800 --> 01:47:54.800]  I know this. Okay, thank you.
[01:47:54.800 --> 01:47:55.800]  Thank you.
[01:47:55.800 --> 01:47:58.800]  Can you send your address where we can send a check, please?
[01:47:58.800 --> 01:48:05.800]  Just look on the website, and you'll find my email there, randyatweavilawradio.com.
[01:48:05.800 --> 01:48:06.800]  All right, thank you.
[01:48:06.800 --> 01:48:07.800]  All right, have a good night.
[01:48:07.800 --> 01:48:08.800]  Thank you so much.
[01:48:08.800 --> 01:48:09.800]  Okay.
[01:48:09.800 --> 01:48:10.800]  Bye.
[01:48:10.800 --> 01:48:11.800]  Now we're going to Greg in California.
[01:48:11.800 --> 01:48:14.800]  Greg, what do you have for us today?
[01:48:14.800 --> 01:48:15.800]  Hi, Randy.
[01:48:15.800 --> 01:48:17.800]  Hi, Brett.
[01:48:17.800 --> 01:48:20.800]  Hey.
[01:48:20.800 --> 01:48:22.800]  Oh, I caught you in the middle of something.
[01:48:22.800 --> 01:48:26.800]  Sorry.
[01:48:26.800 --> 01:48:30.800]  Since we only have 12 minutes left, I'm going to address one topic,
[01:48:30.800 --> 01:48:37.800]  and that topic is going to be I was on the Zoom with EJ today,
[01:48:37.800 --> 01:48:40.800]  and it's way, way worse than she said.
[01:48:40.800 --> 01:48:45.800]  She's a very, very nice woman, this court clerk.
[01:48:45.800 --> 01:48:54.800]  EJ had already submitted a notice to the court that there would be court observers in her case,
[01:48:54.800 --> 01:48:56.800]  so they knew that was the case.
[01:48:56.800 --> 01:49:05.800]  And this woman, this court clerk, Lorena M., was a flippin' you-know-what,
[01:49:05.800 --> 01:49:09.800]  and she demanded, I was one of the only people that got on,
[01:49:09.800 --> 01:49:15.800]  she demanded your first name, and then she demanded your last name,
[01:49:15.800 --> 01:49:20.800]  and then she demanded your video camera be turned on so she could see who you were.
[01:49:20.800 --> 01:49:24.800]  I mean, and if you did not do this, guess what happened?
[01:49:24.800 --> 01:49:26.800]  She kicked you off.
[01:49:26.800 --> 01:49:27.800]  You were kicked out of court.
[01:49:27.800 --> 01:49:29.800]  You were not allowed to observe.
[01:49:29.800 --> 01:49:31.800]  So most of the people got kicked out.
[01:49:31.800 --> 01:49:37.800]  And on top of that, she was going, who are all these people?
[01:49:37.800 --> 01:49:41.800]  And you all, you know, she was like, it was like the little inquisition here,
[01:49:41.800 --> 01:49:47.800]  and she was intimidating EJ like you couldn't believe.
[01:49:47.800 --> 01:49:53.800]  And by the time they got to the court process, EJ was already stirred up and nervous,
[01:49:53.800 --> 01:49:57.800]  and she didn't sound anything like what she sounds on the radio.
[01:49:57.800 --> 01:50:01.800]  And you know, and we know how intimidating you guys can be, huh?
[01:50:01.800 --> 01:50:11.800]  And then the judge came on, and of course, he was very polite and so on and so forth.
[01:50:11.800 --> 01:50:16.800]  But then he said, well, you know, I can't do anything about the court clerk.
[01:50:16.800 --> 01:50:21.800]  She, whatever, I can't speak for her if she's not allowed to give you legal advice.
[01:50:21.800 --> 01:50:23.800]  So, you know, that part was accurate.
[01:50:23.800 --> 01:50:30.800]  However, I did some research in California, and it looks to me like under civil court proceedings,
[01:50:30.800 --> 01:50:35.800]  it's the judge, probably the supervising judge, which was the judge she had,
[01:50:35.800 --> 01:50:39.800]  that sets the rules for the Zoom hearings for that court,
[01:50:39.800 --> 01:50:43.800]  like basically he rules that domain.
[01:50:43.800 --> 01:50:48.800]  So I saw in some cases they say there's absolutely no recording.
[01:50:48.800 --> 01:50:53.800]  What they mean is they don't want attorneys to be recording.
[01:50:53.800 --> 01:50:55.800]  It doesn't say anything about prostates.
[01:50:55.800 --> 01:50:58.800]  It doesn't say anything about if you're an observer.
[01:50:58.800 --> 01:51:03.800]  It just says, you know, if you're an attorney and you record,
[01:51:03.800 --> 01:51:07.800]  then your license can be brought up, right?
[01:51:07.800 --> 01:51:09.800]  And we're going to go over.
[01:51:09.800 --> 01:51:15.800]  They don't want you to record, especially if it's an Article I court, Article I judge.
[01:51:15.800 --> 01:51:20.800]  So the judge, that's the terms, and there were no terms posted.
[01:51:20.800 --> 01:51:24.800]  When you get onto that Zoom, they didn't say anything about this, about recording,
[01:51:24.800 --> 01:51:29.800]  or about giving your name, or about identifying yourself, or identifying elements.
[01:51:29.800 --> 01:51:36.800]  So this court clerk was so intimidating, I was nervous, and I'm kind of an a-hole a lot of times.
[01:51:36.800 --> 01:51:41.800]  I don't get bothered by people too much, but she was extremely intimidating.
[01:51:41.800 --> 01:51:46.800]  So that's what happened.
[01:51:46.800 --> 01:51:57.800]  You might consider filing criminal charges against her for denying you access to a public court.
[01:51:57.800 --> 01:52:04.800]  Well, not you, but you saw that she denied, say, 11 other people, so you could file 11 counts of that.
[01:52:04.800 --> 01:52:13.800]  Well, she denied him to a public court until he gave her information she had no right to request.
[01:52:13.800 --> 01:52:18.800]  Yeah, good point.
[01:52:18.800 --> 01:52:19.800]  Landowner.
[01:52:19.800 --> 01:52:25.800]  Well, I'm wondering if those were the, what I would like to do is contact the supervising judge
[01:52:25.800 --> 01:52:29.800]  and ask him if those were his rules, and if they were, why were they not published?
[01:52:29.800 --> 01:52:34.800]  And if they weren't, then what the hell was she doing?
[01:52:34.800 --> 01:52:39.800]  Does she run that? Does the court clerk run that?
[01:52:39.800 --> 01:52:43.800]  Is she the supervisor of the duties of the court? Is that her position?
[01:52:43.800 --> 01:52:48.800]  Yeah, and isn't it the court's duty to train the clerks?
[01:52:48.800 --> 01:52:51.800]  Yes, absolutely.
[01:52:51.800 --> 01:53:04.800]  So whoever the supervising judge is, file a judicial conduct complaint against him for failing to properly train the clerk.
[01:53:04.800 --> 01:53:05.800]  Okay.
[01:53:05.800 --> 01:53:14.800]  And just unload on him about this clerk. Well, consider yourself if you're in that position and you've got this clerk out here
[01:53:14.800 --> 01:53:25.800]  and somebody files a complaint against you and just wails at you for not training her and teaching her not to do that stuff, what are you going to do?
[01:53:25.800 --> 01:53:30.800]  I can do that. I can do that. No, I've got the address and the name and the case number and everything for that.
[01:53:30.800 --> 01:53:41.800]  So, yeah. Wow, we've got seven minutes left. So I'd like to ask a question. Where is, let's see, how would I say this?
[01:53:41.800 --> 01:53:48.800]  We have federal law, federal codes like USC, right? United States Code versus state code.
[01:53:48.800 --> 01:53:55.800]  I'm going to give you a specific example. So 42 U.S. Code 2000A, that's about public accommodations.
[01:53:55.800 --> 01:54:03.800]  Now, every state has a mirror of that code and it's just in different forms.
[01:54:03.800 --> 01:54:07.800]  Okay, 2000A, that's Americans with disabilities, isn't it?
[01:54:07.800 --> 01:54:11.800]  No, that's just public accommodation that you can't-
[01:54:11.800 --> 01:54:18.800]  Oh, okay. I do remember that from the Mass Law Society site. Okay, go ahead. I'm sorry.
[01:54:18.800 --> 01:54:25.800]  So, 2000A basically states that you cannot, you can't discriminate against anybody. It's not ADA.
[01:54:25.800 --> 01:54:35.800]  You just can't discriminate against anybody who for any reason, race, religion, you know, disability.
[01:54:35.800 --> 01:54:44.800]  And then it gets more specific in the state of California. We have the Unruh Act, which goes into also medical, right?
[01:54:44.800 --> 01:54:55.800]  It's the most liberal state. So we actually have, that came out of like the AIDS period where if you had HIV,
[01:54:55.800 --> 01:55:01.800]  it was sort of similar to what it is now. You know, you look like you have a disease, you can't come in here.
[01:55:01.800 --> 01:55:05.800]  That's a form of discrimination. When you file a complaint-
[01:55:05.800 --> 01:55:12.800]  If I remember right, the guy went in an apartment, had an apartment for rent and he wouldn't rent it to these two guys
[01:55:12.800 --> 01:55:18.800]  because they look gay. He's afraid that they would have AIDS and spread the AIDS to the rest of his tenants.
[01:55:18.800 --> 01:55:25.800]  That's right. Exactly right. So the federal code, the state code is reflecting the federal code.
[01:55:25.800 --> 01:55:33.800]  Is there, does the 42 U.S. Code, does that take precedence? Is that like a higher level of,
[01:55:33.800 --> 01:55:40.800]  like does it have more authority? Or if you file a complaint, should you only use state code or can you use both federal and state?
[01:55:40.800 --> 01:55:42.800]  How does that work?
[01:55:42.800 --> 01:55:48.800]  Technically, if you're in a federal court, the federal courts are not federal enclaves
[01:55:48.800 --> 01:55:55.800]  in that they have not been ceded to the federal government. Therefore, they are in this state.
[01:55:55.800 --> 01:55:59.800]  Say if somebody shoots someone in the courthouse, in the federal courthouse,
[01:55:59.800 --> 01:56:04.800]  the federal marshals don't investigate that, the local sheriff does.
[01:56:04.800 --> 01:56:11.800]  The movie The Presidio, a murder on The Presidio, the Marine base in San Diego,
[01:56:11.800 --> 01:56:17.800]  it was the county sheriff who investigated and not the MPs.
[01:56:17.800 --> 01:56:22.800]  So you can file against him in the state, but that's a real hard climb to make
[01:56:22.800 --> 01:56:28.800]  because state officials are not going to want to go into the Fed and kick them around.
[01:56:28.800 --> 01:56:31.800]  So it depends on what your intended outcome is.
[01:56:31.800 --> 01:56:39.800]  If you want to hammer the judge, then take him in federal court, take him in his own code.
[01:56:39.800 --> 01:56:51.800]  Okay. But if you have a discrimination case, cause of action, do you simply use state statute
[01:56:51.800 --> 01:56:58.800]  or is there a disadvantage or an advantage to using both state and federal?
[01:56:58.800 --> 01:57:04.800]  Look at which codes give you the best position.
[01:57:04.800 --> 01:57:08.800]  You might look at screws of EUS.
[01:57:08.800 --> 01:57:12.800]  Screws of EUS is about this.
[01:57:12.800 --> 01:57:16.800]  Two guys drinking, sheriff and two deputies drinking in a bar.
[01:57:16.800 --> 01:57:20.800]  They're pissed off at this black guy. They're going to go arrest him.
[01:57:20.800 --> 01:57:23.800]  The bartender tries to talk him out of it. They won't be dissuaded.
[01:57:23.800 --> 01:57:27.800]  They arrest him, wind up beating him to death in the courthouse steps.
[01:57:27.800 --> 01:57:33.800]  They're prosecuted in the state, they're sued in the state, then they're sued in the Fed.
[01:57:33.800 --> 01:57:39.800]  And they claim, they complain that they didn't have notice that they could be sued both in the state and in the Fed.
[01:57:39.800 --> 01:57:45.800]  So you're looking at which one to take them on with.
[01:57:45.800 --> 01:57:47.800]  You can pretty well take either one of them.
[01:57:47.800 --> 01:57:56.800]  But I haven't seen any case law that goes to the federal courthouse being a state, being in this state.
[01:57:56.800 --> 01:57:58.800]  But it's not an enclave.
[01:57:58.800 --> 01:58:05.800]  The ports, the post office, generally in prisons, especially prisons are federal enclaves.
[01:58:05.800 --> 01:58:08.800]  That's so they can hire their own guards.
[01:58:08.800 --> 01:58:12.800]  But the courthouse is not.
[01:58:12.800 --> 01:58:15.800]  You might look at that. I'm out of time to explain all of it.
[01:58:15.800 --> 01:58:21.800]  But it's certainly something to look at and decide which one is better for your purpose.
[01:58:21.800 --> 01:58:23.800]  Okay, thank you.
[01:58:23.800 --> 01:58:26.800]  Okay, thank you, Greg. I'm sorry we're out of time.
[01:58:26.800 --> 01:58:28.800]  And we won't be here tomorrow night.
[01:58:28.800 --> 01:58:30.800]  We're going to take a break.
[01:58:30.800 --> 01:58:33.800]  I've got to sit out there on the porch and watch the grass not grow.
[01:58:33.800 --> 01:58:36.800]  That's real strenuous for us old guys.
[01:58:36.800 --> 01:58:39.800]  Randy Kelton, Brad Fountain, Real Vlog Radio.
[01:58:39.800 --> 01:58:41.800]  Merry Christmas, everybody.
[01:58:41.800 --> 01:58:49.800]  And good night.
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